Hazardous Waste Treatment,
Storage, and Disposal
Facilities (TSDF) Regulations
A User-Friendly Reference Document for RCRA Subtitle C
Permit Writers and Permittees
1/13/2012
EPA 530-R-l 1-006
Version 1
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of
Introduction 1
How to Use This Tool 1
Overview of the Hazardous Waste RCRA Permitting Processes (Flowcharts) 3
RCRA Hazardous Waste Pre-Permit Application Meeting 4
Submit a RCRA Hazardous Waste Permit Application 5
Issue a Draft RCRA Hazardous Waste Permit 6
Issue a Final RCRA Hazardous Waste Permit 7
RCRA Hazardous Waste Combustor Trial Burns 8
Modify a RCRA Hazardous Waste Permit 9
Renew a RCRA Hazardous Waste Permit 10
Summary Chart 11
Hazardous Waste TSDF Resources 12
RCRA Orientation Manual 12
RCRA Training Modules 12
RCRAInfo 13
Imports/Exports 13
Hazardous Waste Permitting Resources 13
Example RCRA Subtitle C Permit Application Checklists 14
General 14
Unit-Specific 14
Other 14
Example Standardized Permit Tools 14
Example SubpartX and Emergency Permits 15
Example State Checklists 15
State Permitting Websites 15
Regional Permitting Websites 16
RCRA Subtitle C Permitting Websites 16
Combustion and Combustion FRNs 16
Closure/Post Closure 16
Financial Assurance 16
Groundwater Monitoring 16
GPRA Permitting Accomplishments 16
Permitting 16
e-Permitting 16
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State Authorization and State Authorization Tracking System (StATS) 16
SubpartX 16
Other Relevant Websites 17
Enforcement and Compliance History Online (ECHO) 17
Envirofacts and Enviromapper 17
Environmental Justice Policy and Guidance 17
Glossary 17
NAICS Codes 17
Online Tracking Information System (OTIS) 17
USGS Topographical Maps 17
Guidance/Policy Memos 17
General Permitting Resources 18
Flow Chart of RCRA Permitting Process 18
Public Participation Manual 18
Expanded Public Participation Rule 18
Part A Permit Application Instructions and Form Booklet (EPA Form 8700-23) 18
RCRA Permit Appeals 18
RCRA Permit Appeals (1992-2000, Nos. 89-22-98-3) 18
RCRA Permit Appeals (1985-1993, Excel Spreadsheet and List of Issues) 18
RCRA Permit Appeals (1985-1993, Nos. 84-1 -93-9) 18
Federal Register Notices 22
Federal Register Notices 1970-2010 (Excel Spreadsheet) 22
Federal Register Notices 1970 - 1979 22
Federal Register Notices 1980 - 1989 22
Federal Register Notices 1990 - 1999 31
Federal Register Notices 2000-2010 38
eCFR Table of Contents 40
Part 264 - Standards for Owners and Operators of Hazardous Waste Treatment, Storage, and
Disposal Facilities 40
Part 265 - Interim Status Standards for Owners and Operators of Hazardous Waste Treatment,
Storage and Disposal Facilities 45
Part 266 - Standards for the Management of Specific Hazardous Wastes and Specific Types of
Hazardous Waste Management Facilities 51
Part 268- Land Disposal Restrictions 53
Part 270 - EPA Administered Permit Programs: The Hazardous Waste Permit Program 54
Part 124 - Procedures for Decisionmaking 56
Appendices 58
iii
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Appendix A: Part 264 Regulations 58
Appendix B: Part 265 Regulations 58
Appendix C: Part 266 Regulations 58
Appendix D: Part 268 Regulations 58
Appendix E: Part 270 Regulations 58
Appendix F: Part 124 Regulations 58
IV
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This web-based document serves as a user- Note: Thjs web.based document is not a substitute I
friendly reference to assist permit writers and for the CFR itself or the requirements contained in the \
permittees in locating and understanding the CFR. This document is also not a rulemaking in any \
current RCRA Hazardous Waste Treatment, way. Additionally, this reference document presents j
Storage, and Disposal Facilities (TSDF) only the federal requirements for TSDFs. Most states \
Regulations are authorized to manage their TSDF program. \
Therefore, states may have their own set of \
These requirements are located in Title 40 Code regulations that apply in lieu of federal regulations, I
of Federal Regulations (CFR), Part 264 for and while most state TSDF regulations are based on I
permitted facilities and 40 CFR Part 265 for the federal requirements, some states have \
interim status facilities. The requirements as laid developed regulations more stringent than the federal \
out in this reference document are organized by program. Go to the following website to access state \
the type of hazardous waste management regulatory programs. j
activity, which encompasses hazardous waste
treatment, storage, and disposal - that is containers, incinerators, landfills, land treatment, surface
impoundments, tank systems, and waste piles.
Please note that this reference document is designed to be web-based, so its usefulness is maximized
when it is viewed on a computer that is connected to the Internet.
The objective of this document is to consolidate and streamline the TSDF 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 owners, operators, and state and federal regulatory officials interpret the
existing TSDF regulations. This document does not change any of the existing TSDF regulatory
requirements.
to Use
This document is navigable in several ways. First, permit writers and permittees can use the Summary
Chart to link directly to the regulatory citation of interest in the Government Printing Office's Electronic
Code of Federal Register (eCFR) website 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, permit writers and permittees can take advantage of the Table of Contents or the bookmarks to
navigate through the body of the document. The Table of Contents and bookmarks are organized by
hazardous waste management activity (i.e., containers, tank systems, drip pads, surface impoundments,
waste piles, land treatment, landfills, containment
EpA coM ^ inadvertent,
buildings, and incinerators). As a subset to each Overiooke5 a re,evant document and did not include it
category of hazardous waste management in this reference document. Therefore, we cannot
activity, the user will find additional bookmarks guarantee that we captured every relevant document
linking to the regulatory requirements for each in each and every instance.
category of treatment system. In some cases, a
particular regulatory requirement will be Also, the documents included in this tool have already
applicable to all categories of TSDFs- in others been issued and are in tne Public domain but they
cases, to one or two categories. As above, may not be the most current version.
owners, operators, and regulatory officials can
use the Table of Contents and bookmarks to navigate by left-clicking the mouse on the link of interest in
order to move within the document.
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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 TSDF regulations and permitting process. We have
attempted to identify the relevant related FAQs, letters, memoranda, etc. on a particular subject. Once a
permit writer or permittee has navigated to the regulatory "requirement" of interest, we have provided
hyperlinks to the e-CFR website when the TSDF regulations cross-reference themselves or other
regulations.
Because regulations are promulgated throughout the year, EPA will continue to update this reference
document periodically to remain up-to-date with the TSDF 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.
Please contact the following persons within EPA's Office of Resource Conservation and Recovery
(ORCR) with any questions or comments or to report any broken links:
Gail Hansen
hansen.qail@epa.qov
703-308-0463
Lilybeth Colon
colon.lilvbeth@epa.gov
703-308-2392
Note: Gail and Lilybeth wish to thank their summer intern, Ryan Olver, for his help in creating this document.
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Overview of the Hazardous Waste RCRA Permitting Processes
(Flowcharts) - interactive versions of the flowcharts
Note: The following 7 RCRA permitting process flow diagrams
that also summarize public involvement activities (see the
RCRA Public Participation Manual) were released for public
comment pursuant to the Office of Solid Waste and Emergency
Response (OSWER) Community Engagement Initiative (CEI).
Under CEI Action 1, OSWER developed and posted program
work plans, which identified specific processes that should be
evaluated and potentially revised to enhance public
participation.
OSWER sought public comment on those work plans and on
the following RCRA permitting program process diagrams,
which were developed to increase transparency of the
opportunities for community involvement. The comment
period for the work plans and process diagrams ended on July
31, 2011. EPA will assess comments received and, as a
result, may modify these process diagrams. If that happens,
the following process flow diagrams will be updated
accordingly.
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RCRA Hazardous Waste Pre-Permit Application Meeting
Applicant Submits
Permit Application and
Mooting 1umm.iry to
I'wmimng Authority
Publk may Review
Meeting Information
Applicant Potts*
Sign in Sh»«i.
Meeting Summitry
and At.n
MANDATED STFP
MANDATED STT.P
Pre-
Applkation
Meeting
Applicant S»nds
Copy ul Meeting
Noti<« to
Government
Agencies
= MLETING
= DOCUMENTS'
4
A.pplK,
Pubill Mcrling 111
MANDATED STEP
PROCESS KEY:
EPA Permitting
Process Step
Public
Action
Applicant
Action
EPA
Action
Permitting
Agency Action
Publicly Available
Document
Additional Information
When an applicant announces an upcoming meeting through a public notice, it must include:
• The date, time, and location of the meeting.
• A brief description of the purpose of the meeting.
• A brief description of the facility and proposed operations, including the address or a map of the facility
location.
• A statement encouraging people to contact the facility at least 72 hours before the meeting if they need
special access to participate in the meeting.
• The name, address, and telephone number of a contact person for the applicant.
'Meeting Documents include: Meeting Summary, Attendee List, Attendee Feedback, and Applicant Responses to
Attendee Feedback
NOTE: This step applies only to RCRA hazardous waste permits for new TSDF facilities and RCRA hazardous waste
renewal permits for existing TSDF facilities that undergo significant changes, and does not apply to post-closure or
post-closure / corrective action permits.
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Submit a RCRA Hazardous Waste Permit Application
STEP
Permitting Agemy Prov toes
Public Notice of Application
Submrttal to Mailing List
and Local Gov»rnm*ntt
MANDATED STEP
Submit Permit
Application
Permitting Agency** Notice
Informs location of Permit
Application and Supporting
Documents
MANDATED STEP
. PERMIT
== | APPLICATION &
'-> SUPPORTING
DOCUMENTATION
Publk may Revie
Application and other
PROCESS KEY:
EPA Permitting
Process Step
Public
Action
Applicant
Action
Permitting
Agency Action
Publicly Available
Document
Additional Information
When the Permitting Agency announces the permit application submittal, the public notice must include:
• The name and telephone number of the applicant's contact person.
• The name and telephone number of the permitting agency's contact office and a mailing address to which
information, opinions, and inquiries may be directed throughout the permit review process.
• An address to which people can write to be put on the facility mailing list.
• The location where copies of the permit application and any supporting documents can be viewed and
copied.
• A brief description of the facility and proposed operations, including the address or a map of the facility
location on the front page of the notice.
• The date the application was submitted.
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Issue a Draft RCRA Hazardous Waste Permit
Permitting Agency Re
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Issue a Final RCRA Hazardous Waste Permit
Publk may Comment on
Draft Permit and Record
of Docltian (ROD)
Permitting Agtmy Responds
to Publk Comments
MANDATED STEP
I RESPONSES TO
(COMMENTS
Permitting Agenty Issues
Final Permit and ROD
MANDATED STEP
FINAI PFRMIT
&SUPPOKIING
DOCUMENTS
Publk may App««il Permit
Conditions (if public
commented on Draft Permit)
Publk may Access/Review
AvaMable Information
Ptf mining Agrncy Responds
to Appeal of Permit i
Conditions
MANDATED STEP
AGENCY
RESPONSES
PROCESS KEY:
EPA Permitting
Process Step
Public
Action
Applicant
Action
ItWl
Permittjng
Agency Action
Publicly Available
Document
Additional Information
• If there was high interest during the comment period, the agency or the facility may want to issue a news
release and fact sheet when the decision is finalized to inform a wide audience.
• The permitting agency may choose to update and release the fact sheet required in § 124.8
• NOTE: Permitting Agency responses to Public comments on the Draft Permit and ROD are placed in the
Administrative Record and Information Repository
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RCRA Hazardous Waste Combustor Trial Burns
Facility Creates Trial
Burn Plan
OPTIONAL STEP
Facility may Need to
Modify Permit based
on Trial Burn Results
OPTIONAL STEP
Trial Burns*
EPA Approves/ Denies
Trial Burn Plan
MANDATED STEP
Permitting Agency Issues
Notice to Mailing List and
Local Government
J
MANDATED STEP
Public may Review Trial
Burns Information
PROCESS KEY:
EPA Permitting
Process Step
Public
Action
Applicant
Action
Lll
Permitting
Agency Action
Publicly Available
Document
Additional Information
*NOTE: Emissions from combustion sources burning hazardous waste (e.g., cement kilns, incinerators, lightweight aggregate kilns,
boilers and hydrochloric acid production furnaces) are primarily regulated pursuant to Clean Air Act and applicable Title V
requirements. However, these combustion sources still need a RCRA permit to operate even after documenting compliance with
CAA requirements. However, the RCRA permit only needs to address basic hazardous waste management including: general
facility standards; corrective action; other hazardous waste management units (such as storage units); other combustor-specific
concerns such as materials handling; and, any risk-based combustor emission and operating requirements that are more stringent
than the relevant MACT standard. The Clean Air Act title V permit will focus on the operation of the combustion unit including the
MACT air emission standards and related operating parameters.
• Maximum Achievable Control Technology (MACT) EEE Test Requirements
• Clean Air Act - Title V Permits
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Modify a RCRA Hazardous Waste Permit
Public may Review Permit
Modification
^S PERK
JL Applicant .MOD
Etubllshet Location
for Public Viewing of
Proposed w
Mrtriifintjnn
PERMIT
MODIFICATION
Applicant Ho\d%
Public Meeting
MANDATED STEP
Modify Permit
^
Applicant may Issue
Notice of
Modification to the
Mailing List
OPTIONAL STEP
Applicant
Announcel Public
Meeting and
Comment Period in
Local Newspaper
MANDATED STEP
Public may Comment on
Modifications for 60 days
PROCESS KEY:
EPA Permitting
Process Step
Public
Applicant
Action
Permitting Publicly Available
Agency Action Document
Additional Information
• Facility-initiated modifications are classified as Class 1, 2, or 3 according to the nature of the change.
• More often, facility owners or operators initiate the permit modification, rather than the permitting agency, in
order to improve facility operations or make changes in response to new standards.
• NOTE: Public Participation steps above are only applicable to Class 2 and Class 3 modifications. For Class
1 Modifications, the Permittee issues notice to the facility mailing list after implementation and anyone has
the opportunity to request the Director to review the Class 1 Modification request.
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Renew a RCRA Hazardous Waste Permit
Afplkont Submits
Meeting Summary
and Permit Renewal
to Permitting
Authority 180 days
Prior to Expiration
Publk may Review
Meeting Information
AffOaa
Apflitont Provides
Publir Nor.ce of a
Public Meeting In "^k
Local M«dia Outlets ^L
cam Posts a
in Sheet,
Meeting Summary
and At«nd«« List
MANDATED STEP
MAN DATED STEP
Renew Permit
MEETING
DOCUMENTS'
Appli
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Summary Chart
Hazardous Waste Treatment, Storage, and Disposal Facilities (TSDF) Regulations (Note: eCFRlinks change every July 1st)
Hazardous Waste Management/Permitting Activity
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
General Facility Standards
Preparedness and Prevention
Contingency Plan and Emergency Procedures
Manifest System, Recordkeeping and Reporting
Releases from Solid Waste Management Units
Groundwater Monitoring
Closure and Post-Closure
Financial Assurance Requirements
Use and Management of Containers
Tank Systems
Surface Impoundments
Waste Piles
Land Treatment
Landfills
Incinerators
Thermal Treatment
Chemical, Physical, Biological Treatment
Underground Injection
Special Provisions for Cleanup
Drip Pads
Miscellaneous Units
Air Emission Standards for Process Vents
Air Emission Standards for Equipment Leaks
Air Emission Standards for Tanks, Surface Impoundments and
Containers
Containment Buildings
Munitions and Explosives Storage
Solid Waste Management Units
Boilers/Industrial Furnaces
Land Disposal Restrictions
Hazardous Waste Permitting Program General Requirements
Administrative Procedures Act Requirements for RCRA Permitting
General Requirements
264-B & 265-B
264-C & 265-C
264-D & 265-D
264-E & 265-E
264-F
265-F
264-G & 265-G
264-H & 265-H
264-I & 265-I
264-J & 265-J
264-K & 265-K
264-L & 265-L
264-M & 265-M
264-N & 265-N
264-O & 265-O & 63-EEE
265-P
265-Q
265-R
264-S
264-W & 265-W
264-X
264-AA & 265-AA
264-BB & 265-BB
264-CC & 265-CC
264-DD & 265-DD
264-EE & 265-EE
264-F & 264-S
266-H & 63-EEE
268
270
124
Permit Application
Requirements
NA
NA
NA
NA
NA
NA
NA
NA
270.15 & 270.27
270.16 & 270.27
270.17 & 270.27
270.18
270.20
270.21
270.19 & 270.62
NA
NA
NA
NA
270.26
270.23
NA
NA
NA
NA
NA
NA
270.66
NA
270
124-B&124-G
Closure/Post-Closure
Requirements
NA
NA
NA
NA
264. 1 00 & 264-G & 265-G
NA
264-G & 265-G
NA
264. 1 78 & 264- G& 265-G
264. 1 97 & 264- G& 265-G
264.228 & 264- G & 265-G
264.258 & 264- G & 265-G
264.280 & 264- G & 265-G
264.31 0& 264- G& 265-G
264.351 & 264- G & 265-G
265.381 & 265-G
265.404 & 265-G
NA
NA
264.575 & 264- G & 265-G
264.603 & 264- G & 265-G
NA
NA
NA
264. 1 1 02 & 264- G& 265-G
264.1202 & 264- G& 265-G
264.101 & 264- G& 265-G
NA
NA
NA
NA
11
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Hazardous Waste TSDF Resources
-, , -,,',1
All Sections RCRA Orientation Manual 2008
Regulations Governing Treatment, Storage, and Disposal Facilities (PDF) (36 pp, 367K)
Permitting of Treatment, Storage and Disposal Facilities (PDF) (12 pp, 92K)
Special Provisions for Cleanup (Remedial Action Plans) (PDF) (6 pp, 228K) - go to page 3
Treatment, Storage, and Disposal Facilities (PDF) (20 pp, 94K) - RCRA Training Module: introduction to
Treatment, Storage and Disposal Facilities (40 CFR Parts 264/265, Subpart A-E) - September 2005. This module enables
you to be able to discuss the general requirements forTSDFs and discern the differences
between the applicability of Part 264 versus Part 265.
Permits and Interim Status (PDF) (25 pp, 63 K) - RCRA Training Module: Introduction to Permits and Interim Status
(40 CFR Part 270) - September 2005. This module presents an overview of the RCRA permitting process
and the requirements that apply to TSDFs operating under interim status until a permit is issued.
The regulations governing the permitting process are found in 40 CFR Parts 124 and 270.
Storage Training Modules - Storage is the holding of waste for a temporary period of time prior to
the waste being treated, disposed, or stored elsewhere. Hazardous waste is commonly stored
prior to treatment or disposal, and must be stored in containers, tanks, containment buildings, drip
pads, waste piles, or surface impoundments that comply with the RCRA regulations. The
regulatory requirements for these types of storage units are found in 40 CFR Part 264 for
permitted facilities and 40 CFR Part 265 for interim status facilities.
Containers (PDF) (13 pp, 56K) - RCRA Training Module: Introduction to Containers (40 CFR Parts 264/265;
Subpart i; Section 261.7)-September2005. A hazardous waste container is any portable device in
which a hazardous waste is stored, transported, treated, disposed, or otherwise handled.
The most common hazardous waste container is the 55-gallon drum. Other examples of
containers are tanker trucks, railroad cars, buckets, bags, and even test tubes.
Containment Buildings (PDF) (14 pp, 58K) - RCRA Training Module: Introduction to Containment Buildings
(40 CFR Parts 264/265; Subpart DO) - September 2005. Containment buildings are completely
enclosed, self-supporting structures (i.e., they have four walls, a roof, and a floor) used to
store or treat non-containerized hazardous waste.
Drip Pads (PDF) (12 pp, 33K) - RCRA, Superfund & EPCRA Hotline Training Module: Introduction to Drip Pads
(40 CFR Parts 264/265, Subpart w) - October 2001. A drip pad is a wood drying structure used by
the pressure-treated wood industry to collect excess wood preservative drippage. Drip
pads are constructed of non-earthen materials with a curbed, free-draining base that is
designed to convey wood preservative drippage to a collection system for proper
management.
Tanks (PDF) (21 pp, 114K) - RCRA Training Module: Introduction to Tanks (40 CFR Parts 264/265; Subpart J) -
September 2005. Tanks are stationary devices constructed of non-earthen materials used to
store or treat hazardous waste. Tanks can be open-topped or completely enclosed and
are constructed of a wide variety of materials including steel, plastic, fiberglass, and
concrete.
Surface Impoundments (PDF) (16 pp, 165K) - RCRA Training Module: Introduction to Land Disposal Units
(40 CFR Parts 264/265; Subparts K, L, M, N) - September 2005. A Surface impoundment is a natural
12
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topographical depression, man-made excavation, or diked area such as a holding pond,
storage pit, or settling lagoon. Surface impoundments are formed primarily of earthen
materials and are lined with synthetic plastic liners to prevent liquids from escaping.
Waste Piles (PDF) (16 pp, 165K) - RCRA Training Module: Introduction to Land Disposal Units (40 CFR Parts
264/265; Subparts K, L, M, N) - September 2005. Hazardous waste waste piles must be placed on
top of a double liner system to ensure leachate from the waste does not contaminate
surface or ground water supplies.
Other Relevant Training Modules
All RCRA Training Modules
Air Emission Standards (PDF) (19 pp, 47K) - RCRA, Superfund & EPCRA Hotline Training
Module: Introduction to Air Emission Standards (40 CFR Parts 264/265, Subparts AA, BB, and CC) -
October 2001
Boilers and Industrial Furnaces (PDF) (22 pp, IOSK) - RCRA, Superfund & EPCRA Hotline
Training Module: Introduction to: Boilers and Industrial Furnaces (40 CFR Part 266, Subpart H) - February
2000
ClOSUre/Post Closure (PDF) (16 pp, 142K)- RCRA Training Module: Introduction to Closure/Post-
Closure (40 CFR Parts 264/265, Subpart G) - September 2005
Corrective Action (PDF) (17 pp, 51K) - RCRA, Superfund & EPCRA Hotline Training Module:
Introduction to RCRA Corrective Action - October 2001
Financial Assurance (PDF) (15 pp, 38K) - RCRA, Superfund & EPCRA Hotline Training Module
Introduction to RCRA Financial Assurance (40 CFR Parts 264/265, Subpart H) - October 2001
Groundwater Monitoring (PDF) (29 pp, 230K) - RCRA, Superfund & EPCRA Hotline Training
Module: Introduction to Groundwater Monitoring (40 CFR Parts 264/265, Subpart F) - October 2001
Hazardous Waste Incinerators (PDF) (17 pp, 82 K) - RCRA, Superfund & EPCRA Hotline
Training Module: Introduction to: Hazardous Waste Incinerators (40 CFR Parts 264/265, Subpart O) -
February 2000
Miscellaneous and Other Units (PDF) (14 pp, 384K) - RCRA, Superfund & EPCRA Hotline
Training Module: Introduction to: Miscellaneous and Other Units (40 CFR Part 264, Subpart X and 40 CFR
Part 265, Subparts P, Q, and R - October 2001
Corrective Action Permits Overview (PDF) (33 pp, 477K) - goto pages 10-11
Note: The 3 training courses below are reproduced with permission from the Region. To
determine if these courses are the most recent, please check with the Region.
Hazardous Waste Combustion MACT EEE Training (Region 6) - November 2008
RCRA Air Emissions Training Workshop, 40 CFR Parts 264/265, Subparts
AA/BB/CC (Region 6) - March 2008
RCRA Permit Writer's Training Workshop (Region 6) - March 2007
RCRA Subtitle C: EPA Identification Number, Site Status and Site Tracking Guidance for
Managing Data in RCRAInfo (PDF) (52 pp, 408K, March 2005)
Implementation Resources on Import Consent Documentation Requirements for Facilities
Receiving Hazardous Waste Imports
Hazardous Waste Permitting Resources
Permits for the treatment, storage, or disposal of hazardous wastes are issued by Authorized States or by
EPA Regional Offices. Regulations related to RCRA permitting can be found at 40 CFR Parts 260-265
and 266-270. Parts 264 and 270 specify what a permit must contain.
13
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General
Part A General Information Requirements (PDF) (2 pp, 28K)
Facility Description (PDF) (5 pp, 69K)
Waste Characterization (PDF) (6 pp, SSK)
Ground Water Monitoring (PDF) (?pp, HSK>
Procedures to Prevent Hazards (PDF) (11 pp, 169K)
Contingency Plan (PDF) (6 pp, 116K)
Personnel Training (PDF) (2 pp, 60K)
Closure Post-Closure Plans & Financial Requirements (PDF) (14 pp, 187K)
Solid Waste Management Units (PDF) (1 pg, UK)
Other Federal Laws (PDF) (1 pg, -ISK)
Part B Certification (PDF) (1 pg, 14K)
Subpart AA Process Units (PDF) (8 pp, IOSK)
Subpart BB Equipment Leaks (PDF) (7pp, 101K)
Subpart CC Air Emission Standards (PDF) (14 pp, 194K)
Post-Closure Facility Requirements (PDF) (17 pp, 237K)
Exposure Information (PDF) (1 pg, 17K)
Unit-Specific
Containers (PDF) (2 pp, 35K)
Tanks (PDF) (3 pp, 71 K)
Waste Piles (PDF) (12 pp,
Surface Impoundments (PDF) (10 pp, 160K)
Incinerators (PDF) (2 pp, SSK)
Landfills (PDF) (14 pp, 201 K)
Land Treatment Units (PDF) (8 pp, 1 ISK)
Subpart X (Miscellaneous Units) (PDF) (3 pp, 43K)
Boilers and Industrial Furnaces (PDF) (7 pp, 79K)
Containment Buildings (PDF) (5 pp, 61 K)
Drip Pads (PDF) (3 pp, 33K)
Particle Size Method 5 Sampling Checklist (PDF) (6 pp, 24K)
Particle Size Distribution Method Sample Recovery Checklist (PDF) (5 pp, 16K)
Impinqer Checklist (PDF) (1 pg, 12K)
PAH/PCB or TOG SV or 0010 SV - Method 0010 Semivolatile Sampling Checklist (PDF) (6 pp,
24K)
PAH/PCB or TOG SV or 0010 SV - Method 0010 Sample Recovery Checklist (PDF) (4 pp,i4K)
Method 23 PCDD/PCDF Sampling Checklist (PDF) (7 pp, 25K)
Method 23A PCDD/PCDF Sample Recovery Checklist (PDF) (4 pp, 13K)
Tools for Use by Permit Writers and Applicants for Standardized Permits
Unit Type
Tank
Container
Containment Building
General
Compliance
Audit Checklist
PDF(38 pp, 89K)
PDF (36 pp, 81 K)
PDF (38 pp, SSK)
Checklist for Information
That Must Be Kept On-Site
PDF (12 pp, 33K)
PDF (6 pp, 20K)
PDF (4pp, 19K)
PDF(18pp, 45K)
Model
Permit
PDF (54 pp,
98K)
14
-------
Note: This information is reproduced with permission from the States. By including this material, EPA
does not endorse it or keep it current. To determine if these permits are the most recent, please check
with the State.
Subpart X Permits
Reg
Facility
• Chemrinq Ordnance, FL (PDF) (55 pp, 1.1 MB) - final permit
• Eqlin Air Force Base, FL (PDF) (56 pp, - final permit
• Anniston Army Depot, AL (PDF) (269 pp, - final permit
• U.S. Army Redstone Arsenal, AL (PDF) (96 pp, 1 - final permit
Emergency Permits
Reg
Facility
• U. S. Naval Station - Roosevelt Roads, PR (PDF) (4pp, UK)
• Badlands Bombing Range, #1. SD (PDF) (8 pp, ISK)
• Badlands Bombing Range, #2, SD (PDF) (8 pp, 18K)
• Technical Ordnance, Inc., SD (PDF) (66pp,
Note: This information is reproduced with permission from the States. By including this material, EPA
does not endorse it or keep it current. To determine if these checklists are the most recent, please check
with the State.
Completeness/Technical Checklist Instructions, MO (PDF) (2 pp, 27K)
Completeness/Technical Checklist for Purposes of Public Participation Operating Facilities, MO
(PDF) (3 pp,
Completeness/Technical Checklist for Post Closure Facilities, MO (PDF) (8 pp,
Completeness/Technical Checklist for Corrective Action Only Permits, MO (PDF) (? pp,
Technical Checklist for Container Storage, MO (PDF) (2 pp, 74K)
Technical Checklist for Tank Storage, MO (PDF) (3pp, 91 K>
Technical Checklist for Miscellaneous Units, MO (PDF) (1 pg, SSK)
Technical Review Guidance Resource Compendium for Permits 2010, MO (PDF) (5 pp, 712 K>
Alabama - list of permit types
Alaska - solid waste permitting
(no hazardous waste permitting)
Arizona - list of permitted TSDFs
Arkansas - hazardous waste
permitting
California (Envirostor) - find
cleanup sites and hazardous
waste permitted facilities
Colorado - descriptions of
hazardous waste permits and
licenses
Connecticut - permits and
licenses
Delaware - permitting
Kansas - hazardous waste
permit program
Kentucky - hazardous waste
branch, permit review section
Louisiana - hazardous waste
permits
Maine - permits, laws and rules
Maryland - environmental
permits and approvals
Massachusetts - list of permitted
TSDFs
Michigan - list of permitted
TSDFs (Google Maps and Waste
Data System)
Minnesota - waste permits and
New York - permits and licenses
North Carolina - permit directory
North Dakota - list of permitted
TSDFs
Ohio - permit assistance
Oklahoma - draft permits for
review
Oregon - hazardous waste
permits
Pennsylvania - list of permitted
TSDFs
Rhode Island - contact
information for TSDFs
South Carolina - hazardous
waste permitting
15
-------
regulations
Florida - permitting and
corrective action
Georgia - permit application
forms
Hawaii - hazardous waste forms
Idaho - overview of permitting,
including waste management
Illinois - permitting and
instructions
Indiana - hazardous waste
permits, including permitted
facilities
Iowa - solid waste permitting (no
hazardous waste permitting)
forms
Mississippi - permit applications
and forms
Missouri - list of permitted
TSDFs
Montana - permitting
Nebraska - permits and
authorizations (click on link in left
sidebar)
Nevada - list of permitted TSDFs
New Hampshire - hazardous
waste permits
New Jersey - list of permitted
TSDFs
New Mexico - list of permitted
TSDFs
South Dakota - one stop
permitting
Tennessee - waste permits
Texas - waste permits
Utah - permits and permitting
Vermont - list of permitted
TSDFs
Virginia - hazardous waste
management facility permit
Washington - dangerous waste
permits
West Virginia - hazardous waste
permitting
Wisconsin - hazardous waste
program
Wyoming - list of permitted
TSDFs
Region 1: Air / Water / Waste (main RCRA)
Region 2: Air / Water / Waste (main RCRA)
RegionS: Air / Water / Waste (main RCRA)
Region 4: Ajr / Water / Waste
RegionS: Air/Water/Waste
Region 6: Air / Water / Waste (main RCRA)
Region 7: Ajr / Water / Waste (main RCRA)
Region 8: Ajr / Water / Waste (main RCRA)
Region 9: Air/ Water/ Waste
Region 10: Air / Water / Waste
16
-------
Toolkit for Assessing Potential Allegations of Environmental Injustice (PDF) (i67 pp, i 4MB,
November, 2UJ4), serves as a reference guide to assist Agency personnel in assessing
potential allegations of environmental injustice and to provide a framework for
understanding national policy on environmental justice. An abridged desk reference
(PDF) (12 pp, 2.6MB) for the EJ Toolkit is also available.
Office of General Counsel memo EPA Statutory and Regulatory Authorities Under Which
Environmental Justice Issues May Be Addressed in Permitting (PDF) < 14 pp, i22«, December
2000)
Preparedness and Prevention Requirements for RCRA TSDFs (Response to Chemical Safety
Board Recommendation 2007-01-1-1X10 (PDF) (8 pp, 3,5 MB, March 2010)
Note: the links below will take you to specific sections of RCRA Online related to each topic; to
view ALL memos, go to RCRA Online and search either by topic, full text, or advanced search; for
additional memos, you can also search the RCRA Docket at regulations.gov.
Closure/Post Closure Landfills
Containers Land Treatment Units
Containment Buildings Miscellaneous Units
Drip Pads Surface Impoundments
Financial Assurance Tanks
General Permits and Permitting Waste Piles
Incinerators
17
-------
of
P u b I i c: Pa r I i c: i p a I i o 11 M a n u a I
E x p a 11 d e d P u b I i c: Pa r t i c: i p a I: i o 11 R u I e
A (EPA 8700-2!;
(1992 - Nos, 89-22 - 98-3)
The spreadsheet (for searching by EPA Region, decision
date, company name, fact sheet, appeal number or results), list of issues, and table
below contain RCRA Permit Appeals from 1985 - 1993).
No.
1
2
3
4
5
6
7
8
9
10
11
12
13
Reg.
Ill
V
IV
V
V
III
V
III
VII
IX
VIII
V
IV
Decision
Date
February 14,
1985
October 9,
1985
March 12,
1985
November
27, 1985
May 17,
1985
June 23,
1986
January 7,
1987
July 29,
1991
September
8, 1988
July 24,
1987
September
2, 1987
September
12, 1991
May 27,
Company Name
Rohm and Haas Delaware
Valley (PDF) (4 pp,
Chemical Waste Management,
Inc. (PDF) (2 pp,1.3MB)
Earth Industrial Waste
Management, Inc. (PDF) (4
pp,2.5MB)
Northside Sanitary Landfill, Inc.
(PDF) do pp,
Amoco Oil Co. (PDF) (7 pp,
Bryant Waste Management,
Inc. (PDF) (6pp,3.4MB)
Fisher-Calo Chemicals and
Solvents, Corp. (PDF) 02 pp,
7.1MB)
Allied Corp (Baltimore Chrome
Ore Works) (PDF) (8 pp,
Vulcan Materials Co. (PDF) (6
PP,
Ogden Environmental Services,
Inc. (PDF) (3pp,
Highway 36 Land Development
Co. (PDF) (3pp,
Erieway, Inc. (PDF) (5pp,
Chemical Waste Management
Contains
Fact
Sheet
No
No
No
No
No
No
No
Yes
Yes
No
No
Yes
Yes
Appeal
No.
84-1
84-2
84-3(a)
84-4
84-5
85-2
85-5
86-4
87-1
87-3
87-5
87-11
87-12
Result
Order denying petition
for review
Order dismissing
petition for review of
RCRA permit
Order denying petition
for review
Order of
reconsideration
Order denying petition
for review
Denial of petition for
review
Order denying petition
for review
Motion to vacate permit
and dismiss the appeal
as moot
Order denying petitions
for review
Denial of petitions for
review
Order denying petition
for review
Order
Order granting in part
18
-------
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
IV
V
IV
VI
VI
X
V
II
V
V
IV
V
IV
V
V
IV
IX
III
I
V
VI
V
X
VI
X
1988
February 28,
1989
December
14, 1988
September
15, 1988
September
8, 1988
June 27,
1989
June 7,
1989
September
22, 1988
August 15,
1989
October 2,
1991
April 17,
1990
October 19,
1990
November
22, 1989
October 31 ,
1989
January 12,
1990
November
16, 1990
July 26,
1990
June 27,
1989
February 17,
1989
February 12,
1990
August 27,
1990
February 1 ,
1990
October 22,
1990
Aprils, 1990
December
6, 1991
January 13,
(PDF) (23 pp, 14MB)
Hoechts Celanese Corp. (PDF)
(19 pp, 11MB)
Ecolotech, Inc. (PDF) (9 pp,
5.5MB)
Interstate Lead Co., Inc.(PDF)
(4 pp, 2.5MB)
Shell Oil Co. Deer Park
Manufacturing Complex (PDF)
(10 pp, 5.9MB)
Navaio Refininq Co. (PDF) (8pp,
4.5MB)
Chem-Securitv Systems, Inc.
(PDF) (11 pp, 6.8MB)
Waste Tech Services and BP
Chemicals America, Inc. (PDF)
(6 pp, 3.8MB)
Amerada Hess (Port Reading)
Corp. (PDF) (10 pp, 6.4MB)
USX Corp. (PDF) (6 pp, 3.4MB)
Environmental Waste Control,
Inc. (PDF) (11 pp, 5.2MB)
ThermalKEM, Inc. (PDF) d4pp,
7.7MB)
Olin Corp. Badger Army
Ammunition Plant (PDF) (8 pp,
5.3MB)
American Cyanamid Co. Santa
Rosa Plant (PDF) (5 pp, 3.2MB)
CECOS International, Inc.
(PDF) (13pp, 8.4MB)
Marathon Petroleum Co. (PDF)
(13 pp, 7.1MB)
Thermal Oxidation Corp. (PDF)
(9 pp, 5.1MB)
Hughes Aircraft Co. Air Force
Plant 44 (PDF) (5 pp, 2.4MB)
Westinghouse Electric Corp.
(PDF) (9 pp, 5.3MB)
United Technologies Corp.
Pratt and Whitney Group (PDF)
(9 pp,5.3MB)
National Steel Corp Midwest
Division (PDF) (8 pp,4.8MB)
Texaco Refining and Marketing
Inc. (PDF) (6pp,3.9MB)
Envirosafe Services of Ohio,
Inc. (PDF) (12 pp, 6.1MB)
Envirosafe Services of Idaho,
Inc. (PDF) (13 pp,7.5xMB)
Conoco, Inc. (PDF) (6 pp, 3.7MB)
Hvtek Finishes Co. (PDF) (5pp,
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
87-13
87-14
87-16
87-19
88-3
88-6
88-8
88-10
88-13
88-14
88-17
& 89-
15
88-18
88-22
88-23
88-24
88-28
88-29
88-31
88-34
88-38
88-39
88-40
88-41
88-44
88-45
and denying in part
petitions for review
Order on petition for
review
Remand order
Order denying petition
for review
Order denying petition
for review
Order denying review
Order denying review
Order denying petition
for review
Order denying review
Order denying review
Order denying review
Order denying review
Order denying review
Order denying review
Order denying review
Denial of petition for
review
Order denying review
Order denying review
Order denying petition
for review
Order denying review
Order denying review
Remand order
Order denying review
Order denying review
Order denying review
Order denying petition
19
-------
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
VI
IX
X
V
V
V
V
VI
X
X
V
IV
III
V
I
IV
I
IV
IV
V
IX
IV
IX
IV
V
1989
April 20,
1990
February 1 ,
1990
March 12,
1990
November
7, 1990
August 6,
1990
August 20,
1991
August 5,
1991
June 27,
1989
November
6, 1990
July 25,
1989
May 22,
1991
December
29, 1992
December
31, 1990
March 25,
1991
March 25,
1991
December
19, 1990
November
29, 1991
February 28,
1992
February 14,
1991
October 2,
1991
April 27,
1992
February 28,
1992
March 21 ,
1991
January 24,
1991
November
6, 1992
2.8MB)
Sun Refining and Marketing Co.
(PDF) (5 pp, 2.8MB)
California Thermal Treatment
Services, Inc. (PDF) (12 pp, 7.6MB)
Shell Oil Co. (PDF) (10 pp, 5.6MB)
Amoco Performance Products,
Inc. (PDF) (7 pp, 4.0MB)
BP Chemicals America, Inc.
(PDF) (9 pp, 5MB)
BP Chemicals America, Inc.
(PDF) (14 pp, 7.5MB)
American Cyanamid Co. (PDF)
(18 pp, 10MB)
Texaco Refininq and Marketing
Inc. and Star Enterprise (PDF)
(4pp, 1.7MB)
Texaco Refining and Marketing
Inc. (PDF) (9 pp, 5.3MB)
BP Oil Co. (PDF) (4 pp, 2.0MB)
RMI Extrusion Plant (PDF) (7pp,
4.2MB)
GSX Services of South
Carolina, Inc. (PDF) (26 pp, 14MB)
Chevron USA, Inc. (PDF) (15 pp,
8.5MB)
Waste Management of Illinois,
Inc. (PDF) (5 pp, 3.1MB)
W.R. Grace & Co. (PDF) (7pp,
4.3MB)
The BFGoodrich Co. (PDF) (17
pp, 9.2MB)
S.D. Warren Co. (PDF) (14
pp,8.5MB)
Owen Electric Steel Co. of
South Carolina (PDF) (20 pp,
12MB)
LCP Chemicals North Carolina,
Inc. (PDF) (6 pp, 3.6MB)
Wayne Disposal, Inc. (PDF) (20
pp, 11MB)
Chevron Chemical Co. (PDF)
(12 pp, 6.8MB)
Morton International, Inc. (PDF)
(19 pp, 10MB)
Romic Chemical Corp. (PDF) a
pp, 4.2MB)
Atochem North America Inc.
(PDF) (6 pp, 3.4MB)
General Motors, Corp. (PDF) (36
pp, 15MB)
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
88-46
88-47
88-48
89-1
89-4
89-4
89-8
89-10
89-12
89-13
89-20
89-22
89-26
89-27
89-28
89-29
89-35
89-37
90-4
90-9 &
90-9(a)
90-15
90-17
90-21
90-23
90-24
&90-
for review
Order denying review
Order denying review
Order denying review
Order denying review
Order granting review
Remand order
Remand order
Order denying review
Order denying review
Order denying review
Denial of petition for
review
Order denying review in
part and remanding in
part
Order on petition for
review
Order denying review
Order on petition for
review
Order on petition for
review
Order on petition for
review
Order on petition for
review
Order denying review
Order denying review
Order denying review in
part and remanding in
part
Order denying review
Remand order
Remand order
Order denying review in
part, remanding in part
20
-------
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
V
III
IV
IV
IX
I
I
I
VI
X
II
II
IX
VIII
IX
IV
II
IV
V
IV
V
III
IX
V
January 14,
1991
July 29,
1993
June 10,
1991
July8, 1992
July 15,
1991
November
6, 1992
April 13,
1993
March 13,
1992
February 8,
1992
October 10,
1991
August 7,
1992
July 9, 1992
June 15,
1992
April 22,
1992
February 28,
1992
March 18,
1993
April 7, 1992
September
3, 1992
August 5,
1992
March 10,
1993
July 24,
1992
April 20,
1993
May 18,
1992
August 25,
MacDermid, Inc. (PDF) (5 pp,
2.7MB)
Allied-Signal, Inc. (PDF) (25pp,
13MB)
Georqetown Steel Corp. (PDF)
(9 pp, 5.9MB)
U.S. Department of Enerqy
Pinellas Plant (PDF) (7 pp, S.SMB)
Chem-Clear, Inc. (PDF) (4pp,
2.3MB
General Electric Co. (PDF) (41
pp, 18MB
General Electric Co. (PDF) (35
pp, 19MB)
General Electric Co. (PDF) OPP,
5.0MB)
U.S. Pollution Control, Inc.
(PDF) (8 pp, 4.5MB)
Penberthv Electromelt
International, Inc. (PDF) (5pp,
2.8MB)
Occidental Chemical Corp.
(PDF) (5 pp, 2.7MB)
Sandoz Pharmaceuticals, Corp.
(PDF) (17pp, 8.7MB)
Chemical Waste Management,
Inc. (PDF) (14 pp, 8.0MB)
Atlas Environmental Services,
Inc. (PDF) (17 pp, 9.9MB)
Erickson Treatment Transfer
Station (PDF) (3 pp, 16MB)
Beazer East, Inc. and Koppers
Industries, Inc. (PDF) (23 pp,
13MB)
Ciba-Geigy Corp. (PDF) (7 pp,
3.7MB)
Adcom Wire Co. (PDF) (14 pp,
7.1MB
Pollution Control Industries of
Indiana, Inc. (PDF) (14 pp, 7.1MB)
ThermalKEM, Inc. (PDF) (9 pp,
5.3MB)
Waste Technologies Industries
(PDF) (33 pp, 15MB)
Star Enterprise Delaware City
Refinery (PDF) (27 pp, 14MB)
Cargill, Inc. (PDF) (5 pp, 2.7MB)
Brush Wellman, Inc. (PDF) (10
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
25
90-26
90-27
91-1
91-3
91-5
91-7;
1992
91-7;
1993
91-7,
91-8, &
91-9
91-11
91-12
91-13
91-14
91-17
91-18
91-19
91-25
91-28
92-2
92-3
92-4
92-7 et
al
92-9
92-14
92-17
and granting review in
part
Order denying review
Order denying review in
part and remanding in
part
Order dismissing
petition for review
Order denying review
Order denying review
Remand order
Remand order
Order granting review
Order denying review
Order denying petition
for review
Remand order
Order denying review in
part and remanding in
part
Order denying review
Order denying review
Remand order
Order denying review in
part and remanding in
part
Order denying review
Order denying review
Order denying review
Order dismissing
appeal
Order denying review in
part and remanding in
part
Order denying review
Order denying review
Order denying review
21
-------
88
89
90
91
92
93
94
IV
VIII
II
II
V
V
V
1992
October 26,
1993
November
23, 1993
May5, 1993
May 16,
1994
May 13,
1994
March 21 ,
1994
June 21,
1993
pp, 5.3MB)
Laidlaw Environmental Services
(PDF) (20 pp, 11MB)
Amoco Oil Co. Mandan
Refinery (PDF) (42 pp, 12MB)
LCP Chemicals (PDF) d4pp,
7.6MB)
Allied-Siqnal, Inc. (PDF) nepp,
8.4MB)
Environmental Waste Control,
Inc. (PDF) (41 pp, 17MB)
Metalworkinq Lubricants Co.
(PDF) (12 pp, 6.9MB)
Waste Technoloqies Industries
(PDF) (16 pp, 8.5MB)
Yes
Yes
Yes
Yes
Yes
Yes
No
92-20
92-21
92-25
92-30
92-39
93-4
93-7 &
93-9
Order denying review in
part and remanding in
part
Order denying review in
part and remanding in
part
Order denying review
Order denying review
Order denying review in
part and remanding in
part
Order denying review
Order denying review
for lack of jurisdiction
.-"• ' ' ' (Excel Spreadsheetl
The spreadsheet (for searching by date, title, action or part) and tables below contain proposed rules,
final rules, interim final rules, advanced notice of proposed rulemakings, notices of data availability, and
technical corrections for Parts 264, 265, 266, 270 and 124.
No.
1
2
Date
43 FR 58946,
Dec. 18, 1978
(PDF)**(77pp,
10MB)
44 FR 34244,
June 14, 1979
(PDF)** (101 pp,
14MB)
Title
Hazardous Waste: Guidelines and
Regulations
Consolidated Permit Regulations: RCRA
Hazardous Waste; SDWA Underground
Injection Control; CAA Prevention of
Significant Deterioration; CWA National
Pollutant Discharge Elimination System;
and Section 404 Dredge or Fill Programs
Action
Proposed Rule
Proposed Rule
Parts
250
122, 123,
and 124
No.
3
4
5
6
Date
45 FR 331 54 May
19, 1980 (PDF)**
(105 pp, 14MB)
45 FR 33260 May
19, 1980 (PDF)**
(19 pp, 2.8MB)
45 FR 33280 May
19, 1980 (PDF)**
(6pp, 1.0MB)
45 FR 33290 May
19, 1980 -Parti
(PDF)** (113pp.
12MB)
Title
Standards Applicable to Owners and
Operators of Hazardous Waste Treatment,
Storage and Disposal Facilities
Financial Requirements for Owners and
Operators of Hazardous Waste
Management Facilities
Hazardous Waste Management, Interim
Status Requirements for Underground
Injection
Consolidated Permit Regulations, RCRA
Hazardous Waste, SDWA Underground
Injection Control, CWA National Pollutant
Action
Final Rule and
Interim Final
Rule
Revision of
Proposed Rule
Proposed Rule
Final Rule
Parts
264 and 265
264 and 265
265
122, 123,
124, and
125
22
-------
7
8
9
10
11
12
13
14
15
45 FR 33290 May
19, 1980 -Part 2
(PDF)** (11QPP,
15MB)
45 FR 3351 6 May
19, 1980 (PDF)**
(73 pp, 7.7MB)
45 FR 78524,
Nov. 25, 1980
(PDF) (6 pp, 895K)
45 FR 86966 Dec.
31, 1980 (PDF)**
(3pp, 415K)
45 FR 86968 Dec.
31, 1980 (PDF)**
(3pp, 410K)
45 FR 86970 Dec.
31, 1980 (PDF)**
(5 pp, 657K)
46 FR 2802, Jan.
12, 1981 (PDF)**
(91 pp, 13MB)
46 FR 7666, Jan.
23, 1981 (PDF)**
(18 pp, 2.4MB)
46 FR 7684, Jan.
23, 1981 (PDF)**
(7 pp, 956K)
46 FR 27473, May
20, 1981 (PDF)**(8
PP, 979K)
Discharge Elimination System, CWA
Section 404 Dredge or Fill Programs, and
CAA Prevention of Significant Deterioration
Consolidated Permit Application Forms for
EPA Programs
Hazardous Waste Management System,
General Hazardous Waste Management
System, Identification and Listing of
Hazardous Waste
Hazardous Waste Management System,
Storage Requirements Applicable to
Transporters of Hazardous Waste,
Standards for Generators of Hazardous
Waste and Standards for Owners and
Operators of Hazardous Waste Treatment,
Storage and Disposal Facilities, Interim
Status Standards for Owners and
Operators of Hazardous Waste Treatment,
Storage and Disposal Facilities, EPA
Administered Permit Program, The
Hazardous Waste Permit Program
Hazardous Waste Management System,
Standards for Generators of Hazardous
Waste and Standards for Owners and
Operators of Hazardous Waste Treatment,
Storage and Disposal Facilities, Interim
Status Standards for Owners and
Operators of Hazardous Waste Treatment,
Storage and Disposal Facilities
Transportation of Hazardous Waste by Rail
Standards Applicable to Owners and
Operators of Hazardous Waste Treatment,
Storage and Disposal Facilities,
Consolidated Permit Regulations
Incinerator Standards for Owners and
Operators of Hazardous Waste
Management Facilities, Consolidated
Permit Regulations
Incinerator Standards for Owners and
Operators of Hazardous Waste
Management Facilities
Hazardous Waste Management System
Corrections
Publication of
Consolidated
Permit
Application
Forms
Final
Amendment and
Interim Final
Amendments to
Rule and
Request for
Comments
Interim Final
Amendments
and Request for
Comments
Interim Final
Rule and
Request for
Comments
Interim Final
Amendment and
Request for
Comment
Interim Final
Rule
Interim Final
Rule (Parts 264
and 122) and
Final Rule (Part
265)
Proposed Rule
Corrections to
Interim Final and
Final Rules
122, 123,
124, and
125
261,262,
and 265
122,263,
264, and
265
262, 264,
and 265
262, 263,
264, and
265
122,264,
and 265
122,264,
and 265
264
122,260,
261,264,
and 265
23
-------
16
17
18
19
20
21
22
23
24
25
26
27
28
29
46 FR 56592,
Nov. 17, 1981
(PDF)** (5 pp, 675K)
46 FR 57284,
Nov. 23, 1981
(PDF)** (3 pp, 406K)
47 FR 953, Jan. 8,
1982 (PDF)** dpq,
148K)
47 FR 1254, Jan.
1 1 , 1 982 (PDF)**
(2 pp, 250K)
47 FR 8307, Feb.
25, 1982 (PDF)**
(7 pp, 935K)
47 FR 1231 6, Mar.
22, 1982 (PDF)**
(3pp, 314K)
47 FR 15032, Apr.
7, 1982 (PDF)**
(43 pp, 5.8MB)
47 FR 16556, Apr.
16, 1982 (PDF)**
(18 pp, 2.3MB)
47 FR 17989, Apr.
27, 1982 (PDF)**
(1 pg, 123K)
47 FR 19995, Mav
10, 1982 (PDF)**
(1 pg, 136K)
47 FR 25546 June
14, 1982 (PDF)**
(10 pp, 1.4MB)
47 FR 27533,
June 24, 1982
(PDF) (16 pp, 1.9MB)
47 FR 28626, July
1, 1982 (PDF)** (2
pp, 217K)
47 FR 30446, Julv
Interim Status Standards for Owners and
Operators of Hazardous Waste Treatment,
Storage and Disposal Facilities
Standards Applicable to Owners and
Operators of Hazardous Waste Treatment,
Storage and Disposal Facilities
Standards Applicable to Owners and
Operators of Hazardous Waste Treatment,
Storage and Disposal Facilities, Correction
Standards for Owners and Operators of
Hazardous Waste Treatment, Storage and
Disposal Facilities
Interim Status Standards for Owners and
Operators of Hazardous Waste Treatment,
Storage, and Disposal Facilities
Hazardous Waste Management System
Standards for Owners and Operators of
Hazardous Waste Treatment, Storage and
Disposal Facilities
Standards Applicable to Owners and
Operators of Hazardous Waste Treatment,
Storage and Disposal Facilities, Financial
Requirements
Standards Applicable to Owners and
Operators of Hazardous Waste Treatment,
Storage and Disposal Facilities, Liability
Requirements
Standards Applicable to Owners and
Operators of Hazardous Waste Treatment,
Storage and Disposal Facilities, Liability
Requirements
Standards Applicable to Owners and
Operators of Hazardous Waste Treatment,
Storage and Disposal Facilities, Financial
Requirements
Consolidated Permit Regulations; Revision
in Accordance with Settlement
The Hazardous Waste Management
System
Information Collection Requirements,
Effective Date,
Standards Applicable to Owners and
Interim Final
Rule and Interim
Final
Amendments to
Rules and
Request for
Comments
Interim Rule
Interim Rule
and Correction
Interim Rule,
Interim Final
Amendments to
Rule
Proposed
Amendments to
Rule
Interim Final
Amendment to
Rule
Revised Interim
Final Rules
Revised Interim
Final Rule
Corrections
Correction
Proposed
Rulemaking
Interim Final
Amendments to
Interim Final and
Final Rules
Final Rule and
Notice of
Effective Date
for Information
Collection
Requirements
Final Rule and
265
264
264
265
265
265
264 and 265
123,264,
and 265
123,264,
and 265
264 and 265
122, 123,
and 124
122,264,
and 265
264 and 265
264 and 265
24
-------
30
31
32
33
34
35
36
37
38
39
13, 1982 (PDF)**
(2pp,271K)
47 FR 32038, July
23, 1982 (PDF)**
(5 pp,677K)
47 FR 32274, Julv
26, 1982 (PDF)**
(109pp, 15K)
47 FR 32385, Julv
26, 1982 (PDF)**
(4pp, 421 K)
47 FR 32382, Julv
26, 1982 (PDF)**
(3pp, 415K)
47 FR 32385, Julv
26, 1982 (PDF)**
(4pp, 422K)
47 FR 44932, Oct.
12, 1982 (PDF)**
(8pp, 943K)
47 FR 52072,
Nov. 18, 1982
(PDF)** (25 pp,
3.2MB)
47 FR 55880,
Dec. 13, 1982
(PDF)** (5 pp, 661 K)
48 FR 3977, Jan.
28, 1983 (PDF)**
(7pp, 879K)
48 FR 141 46, Apr.
1, 1983 (PDF)**
(151 pp, 18MB)
Operators of Hazardous Waste Treatment,
Storage and Disposal Facilities, Liability
Coverage Requirements
Hazardous Waste Management System;
General and EPA Administered Permit
Programs; the Hazardous Waste Permit
Program
Hazardous Waste Management System,
Standards Applicable to Owners and
Operators of Hazardous Waste Treatment,
Storage and Disposal Facilities, EPA
Administered Permit Programs
Hazardous Waste Management System,
Interim Status Standards for Owners and
Operators of Hazardous Waste Treatment,
Storage and Disposal Facilities
Hazardous Waste Management System,
Standards for Owners and Operators of
Hazardous Waste Treatment, Storage and
Disposal Facilities
Hazardous Waste Management System,
Interim Status Standards for Owners and
Operators of Hazardous Waste Treatment,
Storage and Disposal Facilities
Hazardous Waste Management System:
Standards Applicable to Generators of
Hazardous Waste and Standards
Applicable to Owners and Operators of
Hazardous Waste Treatment, Storage, and
Disposal Facilities
Consolidated Permit Regulations; Revision
in Accordance with Settlement
Hazardous Waste Management System
Hazardous Waste Management System,
Standards Applicable for Generators of
Hazardous Waste and Owners and
Operators of Hazardous Waste Treatment,
Storage and Disposal Facilities
Environmental Permit Regulations, RCRA
Hazardous Waste, SDWA Underground
Injection Control, CWA National Pollutant
Discharge Elimination System, CWA
Section 404 Dredge or Fill Programs, CAA
Prevention of Significant Deterioration
Notice of
Extension of
Effective Date
Proposed Rule
and Notice of
Intent to Grant
Rulemaking
Petition;
Request for
Comments
Interim Final
Rule With
Request for
Comments
Notice of
Proposed
Rulemaking
Interim Final
Rule
Proposed Rule
Proposed Rule
Proposed
Rulemaking
Notice of
Regulatory
Reform,
Request for
Comment
Final Rule
Final Rule
122
122,260,
264, and
265
265
264
265
122, 123,
262, 264,
and 265
122, 124,
and 125
Chapter I
122,262,
264, and
265
122, 123,
124, 125,
144, 145,
146,233,
260,261,
262, 263,
264, 265,
270, and
271
25
-------
40
41
42
43
44
45
46
47
48
49
50
48 FR 1451 4, Apr
4, 1983 (PDF)**
(16 pp, 1.9MB)
48 FR 21 098, Mav
10, 1983 (PDF)**
(10 pp, 1.2MB)
48 FR 301 13,
June 30, 1983
(PDF)** (3 pp, 342K)
48 FR 39611,
Sept. 1, 1983
(PDF)** (13 pp.
1.7MB)
49 FR 1771 6, Apr.
24, 1984 (PDF)** (
4 pp, 445K)
50 FR 614, Jan. 4,
1985 (PDF) (55pp,
6.2MB)
50 FR 1684, Jan
1 1 , 1 985 (PDF)**
(41 pp, 5.3MB)
50 FR 1978, Jan.
14, 1985 (PDF)**
(29 pp, 3.8MB)
50 FR 4514, Jan.
31, 1 985 (PDF)**(3
pp, 399K)
50 FR 11 068, Mar
19, 1985 (PDF)**
(30 pp, 3.8MB)
50 FR 16044, Apr.
23, 1985 (PDF)**
(5 pp, 620K)
Hazardous Waste Management System:
Identification and Listing of Hazardous
Waste; Standards for Owners and
Operators of Hazardous Waste Treatment,
Storage, and Disposal Facilities; Interim
Status Standards for Owners and
Operators of Hazardous Waste Treatment,
Storage, and Disposal Facilities; and
Storage and Disposal of Waste Material:
Prohibition of Disposal of
Tetrachlorodibenzo-p-Dioxin
Hazardous Waste Management System:
The Hazardous Waste Management
Permit Program; Procedures for Decision
Making
Hazardous Waste Management System,
Permit Program, Requirements for
Authorization of State Programs,
Procedures for Decisionmaking,
Identification and Listing of Hazardous
Waste, Standards for Owners and
Operators of Hazardous Waste Treatment,
Storage and Disposal Facilities, Interim
Status Standards for Owners and
Operators of Hazardous Waste Treatment,
Storage and Disposal Facilities, Correction
Permit Regulations, Revision in
Accordance with Settlement
Hazardous Waste Management System,
The Hazardous Waste Permit System;
Procedures for Decisionmaking
Hazardous Waste Management System,
Definition of Solid Waste
Hazardous Waste Management System;
Standards for the Management of Specific
Wastes and Specific Types of Facilities
Hazardous Waste Management System,
Dioxin Containing Wastes
Information Requirements, OMB Approval,
Technical Amendments
Standards Applicable to Owners and
Operators of Hazardous Waste Treatment,
Storage and Disposal Facilities
Hazardous Waste Management System,
Interim Status Standards for Owners and
Operators of Hazardous Waste Treatment,
Proposed Rule
and Request for
Comments
Proposed Rule
and Request for
Comments
Final Rule and
Correction
Final Rule
Final Rule
Final Rule
Proposed Rule
and Request for
Comment
Final Rule
Final Rule and
Technical
Amendments
Proposed Rule
Final Rule
261,264,
265, and
775
124 and 270
124,261,
264, 265,
270, and
271
122, 123,
124, 144,
145,233,
270, and
271
124,270
260,261,
264, 265,
and 266
266
261,264,
265, 270,
and 775
86, 122,
171,264,
265, 434,
439, 465,
467, and
469
260, 264,
265, and
270
265
26
-------
51
52
53
54
55
56
57
58
59
60
61
62
63
50 FR 18370, Apr.
30, 1985 (PDF)**
(61 pp, 6.8MB)
50 FR 26444,
June 26, 1985
(PDF)** (6 pp, 685K)
50 FR 28702, Julv
15, 1985 (PDF) (54
pp, 6.6MB)
50 FR 31278,
Aua. 1, 1985
(PDF)** (29 pp,
3.8MB)
50 FR 33902,
Aua. 21, 1985
(PDF)** (8pp, 1.0MB)
50 FR 49164,
Nov. 29, 1985
(PDF) (48 pp, 5.7MB)
50 FR 4921 2,
Nov. 29, 1985
(PDF)** (47 pp,
6.3MB)
51 FR 1602, Jan.
14, 1986 (PDF)**
(165pp, 29MB)
51 FR 8744, Mar.
13, 1986 (PDF)**
(44 pp, 5.2MB)
51 FR 10146, Mar.
24, 1986 (PDF)**
(31 pp, 4.1MB)
51 FR 10706, Mar.
28, 1986 (PDF)**
(18 pp, 2.3MB)
51 FR 16422, Mav
2, 1986 (PDF)**
(38 pp, 4.9MB)
51 FR 21648, Jun
13, 1986 (PDF)**
(46 pp, 4.9MB)
Storage and Disposal Facilities
Hazardous Waste Management System,
Standards for Owners and Operators of
Hazardous Waste Treatment, Storage and
Disposal Facilities
Hazardous Waste Management System;
Standards for Hazardous Waste Storage
and Treatment Tank Systems
Hazardous Waste Management System,
Final Codification Rule
Hazardous Waste Management System
Standards Applicable to Owners and
Operators of Hazardous Waste Treatment,
Storage, and Disposal Facilities: Liability
Coverage
Hazardous Waste Management System,
Burning of Waste Fuel and Used Oil Fuel
in Boilers and Industrial Furnaces
Hazardous Waste Management System;
Recycled Used Oil Standards
Hazardous Waste Management System:
Land Disposal Restrictions
Hazardous Waste Management System;
Exports of Hazardous Waste
Hazardous Waste Management System,
General Identification and Listing of
Hazardous Waste, Standards for
Generators of Hazardous Waste,
Standards for Transporters of Hazardous
Waste, EPA Administered Permit
Programs, Authorization of State
Hazardous Waste Programs
Hazardous Waste Management System;
Proposed Codification of Statutory
Provisions
Standards Applicable to Owners and
Operators of Hazardous Waste Treatment,
Storage and Disposal Facilities,
Closure/Post-Closure and Financial
Responsibility Requirements
Hazardous Waste Management System;
Identification and Listing of Hazardous
Final Rule
Proposed Rule
Final Rule
Proposed Rule
and Request for
Comment
Notice of
Proposed
Rulemaking and
Request for
Comment
Final Rule
Proposed Rule
Proposed Rule
Proposed Rule
and Request for
Comment
Final Rule
Proposed Rule
Final Rule
Proposed Rule
260, 264,
265, and
270
260, 262,
264, 265,
and 270
260,261,
262, 264,
265, 266,
270,271,
and 280
261,262,
263, 264,
265, 270,
and 271
264 and 265
261,264,
265, 266,
and 271
260,261,
266, 270,
and 271
260,261,
262, 264,
265, 266,
270, and
271
260, 262,
263, and
271
260,261,
262, 263,
270 and 271
144,260,
264, 265,
and 270
260, 264,
265, and
270
261,271,
and 302
27
-------
64
65
66
67
68
69
70
71
72
73
74
75
76
77
51 FR19176, Mav
28, 1986 (PDF)**
(2 pp, 260K)
51 FR 25350, Julv
1 1 , 1 986 (PDF)**
(7 pp, 862K)
51 FR 25422, Julv
14, 1986 (PDF)**
(65 pp, 8.5MB)
51 FR 26632, Julv
24, 1986 (PDF)**
(11 pp, 1.3MB)
51 FR 28556,
Auq. 8, 1986
(PDF)** (1 pg, 127K)
51 FR 29430,
Aua. 15, 1986
(PDF)**(2pp, 147K)
51 FR 37854, Oct.
24, 1986 (PDF)**
(27 pp, 3.4MB)
51 FR 40572,
Nov. 7, 1986
(PDF)** (83 pp,
8.8MB)
51 FR 40726,
Nov. 7, 1986
(PDF)** (14 pp.
1.7MB)
51 FR 44714,
Dec. 11, 1986
(PDF)** (27 pp,
3.5MB)
51 FR 46824, Dec
24, 1986 (PDF)**
(13 pp, 16MB)
52 FR 3748, Feb.
5, 1987 (PDF)**
(23 pp, 4.7MB)
52 FR 8704, Mar.
19, 1987 (PDF)**
(6pp, 1.1MB)
52 FR 16982, Mav
6, 1987 (PDF)** (6
pp, 1.1MB)
Waste; Notification Requirements;
Reportable Quantity Adjustments;
Proposed Rule
Hazardous Waste Management System,
Final Codification Rule
Standards Applicable to Owners and
Operators of Hazardous Waste Treatment,
Storage and Disposal Facilities, Liability
Coverage
Hazardous Waste Management System,
Standards for Hazardous Waste Storage
and Treatment Tank Systems
Hazardous Waste Management System;
Ground-Water Monitoring
Hazardous Waste Management System,
Final Codification Rule, Technical
Correction
Hazardous Waste Management System,
Standards for Hazardous Waste Storage
and Treatment Tank Systems
Standards Applicable to Owners and
Operators of Hazardous Waste Treatment,
Storage, and Disposal Facilities, Financial
Assurance for Corrective Action
Hazardous Waste Management System,
Land Disposal Restrictions
Hazardous Waste Management System;
Standards for Owners and Operators of
Miscellaneous Units
Hazardous Waste Management System:
Land Disposal Restrictions
Hazardous Waste Management System:
Standards for Owners and Operators of
Hazardous Waste Treatment, Storage, and
Disposal Facilities
Hazardous Waste Treatment, Storage, and
Disposal Facilities; Air Emission Standards
for Volatile Organics Control
Interim Status Standards for Owners and
Operators of Hazardous Waste Treatment,
Storage and Disposal Facilities, Final Rule
Burning of Hazardous Waste in Boilers and
Industrial Furnaces
Final Rule,
Correction
Interim Final
Rule
Final Rule
Proposed Rule
and Request for
Comments
Final Rule and
Technical
Correction
Final Rule and
Correction
Proposed Rule
Final Rule
Notice of
Proposed
Rulemaking
Proposed Rule
Proposed Rule
Proposed Rule
and Notice of
Public Hearing
Final Rule
Proposed Rule
and Request for
Comment
265
264 and 265
260,261,
262, 264,
265, 270,
and 271
264 and 270
264 and 265
260,261,
262, 264,
265, 270,
and 271
264, 270,
and 271
260,261,
262, 264,
265, 268,
270, and
271
260, 264,
and 270
260,261,
262, 264,
265, 268,
270, and
271
260, 264,
265, and
271
261,264,
265, 269,
270, and
271
265
260,261,
264, 265,
266, 270,
28
-------
78
79
80
81
82
83
84
85
86
87
88
89
90
52 FR 2021 8, May
29, 1987 (PDF)**
(94 pp, 112MB)
52 FR 21 306,
June 5, 1987
(PDF) (2pp, 412K)
52 FR 25760, Julv
8, 1987 (PDF)**
(33 pp, 4.3MB)
52 FR 25942, Julv
9, 1987 (PDF)**
(12 pp, 1.2MB)
52 FR 30570,
Aua. 14, 1987
(PDF)** (10pp.
1.2MB)
52 FR 31 948,
Aua. 24, 1987
(PDF)** (9 pp, 1.1MB)
52 FR 35838,
Sect. 23, 1987
(PDF)** (25 pp,
3.3MB)
52 FR 4431 4,
Nov. 18, 1987
(PDF)** (8pp, 1.0MB)
52 FR 45788,
Dec. 1, 1987
(PDF)** (12 pp.
1.6MB)
52 FR 46946,
Dec. 10, 1987
(PDF)** (20 pp,
2.6MB)
53FR519, Jan. 8,
1988 (PDF) (11 pp.
1.7MB)
53 FR 11 742, April
8, 1988 (PDF)**
(50 pp, 6.2MB)
53 FR 17578, May
17, 1988 (PDF)**
(49 pp, 6.2MB)
Liners and Leak Detection for Hazardous
Waste Land Disposal Units
Hazardous Waste Management, Definition
of Solid Waste, Technical Corrections
Land Disposal Restrictions for Certain
"California List" Hazardous Waste and
Modifications to the Framework
List (Phase 1) of Hazardous Constituents
for Ground-Water Monitoring
Changes to Interim Status and Permitted
Facilities for Hazardous Waste
Management; Procedures for Post-Closure
Permitting
Statistical Methods for Evaluating Ground-
Water Monitoring Data From Hazardous
Waste Facilities
Permit Modifications for Hazardous Waste
Management Facilities
Liability Requirements for Hazardous
Waste Facilities, Corporate Guarantee
Hazardous Waste, Codification Rule for
the 1984 RCRA Amendments
Hazardous Waste Miscellaneous Units,
Standard, Applicable to Owners and
Operators
Identification and Listing of Hazardous
Waste; Amendments to Definition of Solid
Waste
Land Disposal Restrictions for Restrictions
for First Third of Scheduled Wastes
Land Disposal Restrictions for First Third
of Scheduled Wastes
Notice of
Proposed
Rulemaking
Technical
Corrections to
Definition of
Solid Waste
Rulemaking
Final Rule
Final Rule
Proposed Rule
Proposed Rule
Proposed Rule
Final Rule
Final Rule
Final Rule
Proposal Rule
and Request for
Comment
Proposed Rule
Proposed Rule
and 271
260, 264,
265, 270,
and 271
261 and 266
260,261,
262, 264,
265, 268,
270, and
271
264 and 270
265, 270,
and 271
264
124,264,
and 270
264 and 265
144,264,
265, 270,
and 271
144,260,
264, and
270
261
264, 265,
268, and
271
264, 265,
266, and
268
29
-------
91
92
93
94
95
96
97
98
99
100
101
102
53 FR 20738,
June 6, 1988
(PDF)** (24 pp,
2.5MB)
53 FR 27164, July
19, 1988 (PDF)**
(2 pp, 227K)
53 FR 281 18, Julv
26, 1988 (PDF)**
(40 pp, 5.2MB)
53 FR 31 138,
Aua. 17, 1988
(PDF)** (85 pp,
11MB)
53 FR 33938,
Sept. 1, 1988
(PDF)** (23 pp,
3.0MB)
53 FR 34079,
Sept. 2, 1988
(PDF)** (9 pp, 1.6MB)
53 FR 37912,
Sept. 28, 1988
(PDF)** (31 pp,
4.0MB)
53 FR 39720, Oct.
1 1 , 1 988 (PDF)**
(12 pp, 1.5MB)
53 FR 53282,
Dec. 30, 1988
(PDF)** (49 pp,
5.3MB)
54 FR 3212, Jan,
23, 1989 (PDF)**
(18 pp, 1.8MB)
54 FR 9596, Mar.
7, 1989 (PDF)**
(14 pp, 1.7MB)
54 FR 26594,
June 23, 1989
(PDF)** (59 pp,
7.8MB)
Delay of the Closure Period for Hazardous
Waste Management Facilities
Farmer Exemptions, Technical Corrections
Underground Injection Control Program,
Hazardous Waste Disposal Injection
Restrictions, Amendments to Technical
Requirements for Class I Hazardous
Waste Injection Wells, Additional
Monitoring Requirements Applicable to All
Class I Wells
Land Disposal Restrictions for First Third
Scheduled Wastes
Standards Applicable to Owners and
Operators of Hazardous Waste Treatment,
Storage and Disposal Facilities, Liability
Coverage
Hazardous Waste Management System,
Standards for Hazardous Waste Storage
and Treatment Tank Systems
Permit Modifications for Hazardous Waste
Management Facilities
Statistical Methods for Evaluating Ground-
Water Monitoring Data from Hazardous
Waste Facilities
Hazardous Waste Management System:
Identification and Listing of Hazardous
Waste; Standards for the Management of
Specific Hazardous Wastes and Specific
Types of Hazardous Waste Management
Facilities; Requirements for Authorization
of State Hazardous Waste Programs; and
Designation, Reportable Quantities, and
Notification
Hazardous Waste Management System;
Testing and Monitoring Activities
Changes to Interim Status Facilities for
Hazardous Waste Management,
Modifications of Hazardous Waste
Management Permits, Procedures for
Post-Closure Permitting
Land Disposal Restrictions for Second
Third Scheduled Waste
Proposed Rule
Technical
Corrections
Final Rule
Final Rule
Final Rule
Final Rule
Final Rule
Final Rule
Proposed Rule
and Request for
Comments
Proposed Rule
Final Rule
Final Rule
264, 265,
and 270
262, 264,
265, 268,
and 270
124, 144,
146, and
148
264, 265,
266, 268
and 271
264 and 265
260, 264,
265, and
270
124,264,
265, and
270
264
260,261,
262, 264,
265, 270,
271, and
302
260,261,
262, 264,
265, 268,
and 270
124 and 270
148,264,
265, 266,
268, and
271
30
-------
103
104
105
54 FR 33376,
Aua. 14, 1989
(PDF)** (23 pp,
2.9MB)
54 FR 36967,
Sept. 6. 1989
(PDF)** (6 pp, 800K)
54 FR 4371 8, Oct.
26, 1989 (PDF)**
(46 pp, 5.5MB)
Delay of Closure Period for Hazardous
Waste Management Facilities
Land Disposal Restrictions
Burning of Hazardous Waste in Boilers and
Industrial Furnaces
Final Rule
Final Rule and
Corrections
Supplement to
Proposed Rule
264, 265,
and 270
148,266,
and 268
260,261,
264, 265,
266, 270,
and 271
No.
106
107
108
109
110
111
112
113
114
Date
55 FR 4440, Feb.
8, 1990 (PDF)** (6
pp, 825K)
55 FR 11 798, Mar.
29, 1990 (PDF) (80
pp, 8.8MB)
55 FR 17862, April
27, 1990 (PDF)**
(60 pp, 6.7MB)
55 FR 22520,
June 1, 1990-
Part 1 (PDF)** noe
pp, 13MB)
55 FR 22520,
June 1, 1990-
Part 2 (PDF)** (95
pp, 12MB)
55 FR 25454,
June 21, 1990
(PDF)** (66 pp,
8.7MB)
55 FR 26986,
June 29, 1990
(PDF) (14 pp, 1.3MB)
55 FR 30798, July
27, 1990 (PDF)**
(87 pp, 12MB)
55 FR 50450,
Dec. 6, 1990
(PDF)** (41 pp,
5.6MB)
56 FR 21 08, Jan.
Title
Hazardous Waste Management System;
Testing and Monitoring Activities
Hazardous Waste Management System,
Identification and Listing of Hazardous
Waste, Toxicity Characteristic Revisions
Standards for Owners and Operators of
Hazardous Waste Incinerators and Burning
of Hazardous Wastes in Boilers and
Industrial Furnaces
Land Disposal Restrictions for Third Third
Scheduled Wastes
Hazardous Waste Treatment, Storage and
Disposal Facilities, Organic Air Emission
Standards for Process Vents and
Equipment Leaks
Hazardous Waste Management System,
Identification and Listing of Hazardous
Waste, Toxicity Characteristic Revisions
Corrective Action for Solid Waste
Management Units (SWMUs) at
Hazardous Waste Management Facilities
Identification and Listing of Hazardous
Waste, Wood Preserving
Hazardous Waste Management System:
Action
Notice of
Reopening of
Comment
Period; Notice of
Data Availability
Final Rule
Proposed Rule,
Supplemental
Proposed Rule,
Technical
Corrections, and
Request for
Comments
Final Rule
Final Rule
Final Rule and
Corrections
Proposed Rule
Final Rule
Proposed Rule
Parts
260,261,
262, 264,
265,268 and
270
261,264,
265, 268,
271, and
302
260,261,
264, and
270
148,261,
262, 264,
265, 268,
270,271,
and 302
260,261,
264, 265,
270 and 271
261,264,
265, 268,
271, and
302
264, 265,
270, and
271
260,261,
262, 264,
265, 270,
271, and
302
265
31
-------
115
116
117
118
119
120
121
122
123
124
125
126
18, 1991 (PDF)**
(3 pp, 384 K)
56 FR 5900, Feb.
13, 1991 (PDR**
(8pp, 975 K)
56 FR 71 34, Feb.
21, 1991 (PDR**
(107 pp, 14MB)
56 FR 19290, Apr.
26, 1991 (PDR**
(1 pg, 115K)
56 FR 301 92, Julv
1, 1991 (PDR** (7
PP, 902K)
56 FR 30201, Julv
1, 1991 (PDF)**
(27 pp, 3.5MB)
56 FR 32688, Julv
17, 1991 (PDF)**
(165pp, 17MB)
56 FR 33490, Julv
22, 1991 (PDF)**
(90 pp, 10MB)
56 FR 42504,
Aua.27, 1991
(PDF)** (14 pp.
1.8MB)
56 FR 43574,
Sept. 3. 1991
(PDF)** (1 pg, 136K)
56 FR 4791 2,
Sect. 23, 1991
(PDF)** (1 pg, 127K)
56 FR 63848,
Dec. 5, 1991
(PDF)** (13 pp,
1.5MB)
56 FR 66365,
Dec. 23, 1991
(PDF)** (5 pp, 666K)
Amendments To Interim Status Standards
for Downgradient Ground-Water
Monitoring Well Locations at Hazardous
Waste Facilities
Requirements for Preparation, Adoption,
and Submittal of Implementation Plans
Burning of Hazardous Waste in Boilers and
Industrial Furnaces
Hazardous Waste Treatment, Storage and
Disposal Facilities, Organic Air Emission
Standards for Process Vents and
Equipment Leaks, Technical Amendment
Identification and Listing of Hazardous
Waste, Wood Preserving Corrections
Standards Applicable to Owners and
Operators of Hazardous Waste Treatment,
Storage, and Disposal Facilities; Financial
Responsibility
Burning of Hazardous Waste in Boilers and
Industrial Furnaces
Hazardous Waste Treatment, Storage, and
Disposal Facilities; Organic Air Emission
Standards for Tanks, Surface
Impoundments, and Containers
Burning of Hazardous Waste in Boilers and
Industrial Furnaces
Standards Applicable to Owners and
Operators of Hazardous Waste Treatment,
Storage and Disposal Facilities, Financial
Responsibility
Standards Applicable to Owners and
Operators of Hazardous Waste Treatment,
Storage and Disposal Facilities, Liability
Coverage
Wood Preserving; Identification and Listing
of Hazardous Waste; Standards for
Owners and Operators of Hazardous
Waste Treatment; Interim Status for
Owners and Operators of Hazardous
Waste Treatment, Storage, and Disposal
Facilities; and CERCLA Designation,
Reportable Quantities
Hazardous Waste Management System,
Amendments to Interim Status Standards
for Downgradient Groundwater Monitoring
Well Locations at Hazardous Waste
and Notice of
Availability
Notice of
Proposed
Rulemaking
Final Rule
Final Rule and
Technical
Amendment
Technical
Correction
Proposed Rule
Final Rule,
Corrections and
Technical
Amendments
Proposed Rule
Final Rule and
Technical
Amendments
Proposed Rule,
Extension of
Comment
Period, Notice of
Data Availability
CFR Correction
Notice of
Proposed
Rulemaking and
Request for
Comments
Final Rule
51 and 52
260,261,
264, 265,
266, 270
and 271
264, 265
and 270
261,262,
264, 265,
270
264, 265,
280, and
761
260,261,
264, 265,
266, 270,
and 271
60, 260,
264, 265,
270, and
271
261,265,
and 266
264, 265,
280, and
761
265
261,264,
265, and
302
260 and 265
32
-------
127
128
129
130
131
132
133
134
135
136
137
138
139
140
57 FR 3462, Jan.
29, 1992 (PDF)**
(36 pp, 4.6MB)
57 FR 5859, Feb.
18, 1992 (PDF)**
(3 pp, 379K)
57 FR 8086, Mar.
6, 1992 (PDF)** (5
pp, 618K)
57 FR 30657, Julv
10, 1992 (PDF) (2
pp, 403K)
57 FR 371 94,
Aua. 18, 1992
(PDF)** (89 pp,
12MB)
57 FR 38558,
Aua. 25, 1992
(PDF)** (9pp, 1.2MB)
57 FR 42832,
Sept. 16, 1992
(PDF)** (13 pp.
1.9MB)
57 FR 41 566,
Sect. 30, 1992
(PDF) (61 pp, 8.0MB)
57 FR 44999,
Sect. 30, 1992
(PDF)** (3 pp, 420K)
57 FR 54452,
Nov. 18, 1992
(PDF)** (10pp.
1.3MB)
57 FR 61 492,
Dec. 24, 1992
(PDF)** (14 pp.
1.8MB)
58 FR 81 02 Feb.
1 1 , 1 993 (PDF)**
(32 pp, 4.4MB)
58 FR 8658, Feb.
16, 1993 (PDF)**
(28 pp, 3.9MB)
58 FR 25706, Apr.
Facilities
Liners and Leak Detection Systems for
Hazardous Waste Land Disposal Units
Wood Preserving, Identification and Listing
of Hazardous Waste, Standards and
Interim Standards for Owners and
Operators of Hazardous Waste Treatment,
Storage and Disposal Facilities
Land Disposal Restrictions for Third Third
Scheduled Wastes
Hazardous Waste Management System,
Identification and Listing of Hazardous
Waste, Toxicity Characteristic
Land Disposal Restrictions for Newly
Listed Wastes and Hazardous Debris
Burning of Hazardous Waste in Boilers and
Industrial Furnaces
Standards Applicable to Owners and
Operators of Hazardous Waste Treatment,
Storage and Disposal Facilities, Financial
Responsibility for Third Party Liability,
Closure and Post Closure
Hazardous Waste Management System,
Identification and Listing of Hazardous
Waste, Recycled Used Oil Management
Standards
Burning of Hazardous Waste in Boilers and
Industrial Furnaces
Hazardous Waste Management, Liquids in
Landfills
Wood Preserving, Identification and Listing
of Hazardous Waste, Standards and
Interim Standards for Owners and
Operators of Hazardous Waste Treatment,
Storage and Disposal Facilities
Hazardous Waste Management System;
Modification of the Hazardous Waste
Recycling Regulatory Program
Corrective Action Management Units and
Temporary Units, Corrective Action
Provisions Under Subtitle C
Wood Surface Protection; Identification
Notice of Final
Rulemaking
Administrative
Stay
Technical
Amendments
Final Rule and
Corrections
Final Rule
Final Rule,
Technical
Amendments
and Corrections
Final Rule
Final Rule
Final Rule,
Technical
Amendments
and Corrections
Final Rule
Final Rule
Proposed Rule
Final Rule
Notice of
260, 264,
265, 270,
and 271
264, and
265
148,264,
265, and
268
261 and 265
148,260,
261,262,
264, 265,
268, 270
and 271
260,261,
264, 265,
and 266
264 and 265
260,261,
266,271,
and 279
266
260, 264,
265, and
271
261,264,
265,271,
and 302
260,261,
262, 264,
265, 268,
270, and
273
260, 264,
265, 268,
270 and 271
260,261,
33
-------
141
142
143
144
145
146
147
148
149
150
151
152
153
27, 1993 (PDF)**
(32 pp, 4.0MB)
58 FR 26420, Mav
3, 1993 (PDF) (7
PP, 926K)
58 FR 38816, Julv
20, 1993 (PDF)**
(69 pp, 9.2MB)
58 FR 46040,
Aua. 31. 1993
(PDF)**d2pp,
1.5MB)
58 FR 48092,
Sept. 14, 1993
(PDF)** (113pp.
12MB)
58 FR 59598,
Nov. 9, 1993
(PDF)** (6 pp, 736K)
59 FR 8583, Feb.
23, 1994 (PDF)**
(5 pp, 688K)
59 FR 13891, Mar.
24, 1994 (PDF)**
(3 pp, 322K)
59 FR 28680,
June 2, 1994
(PDF)** (32 pp,
4.2MB)
59 FR 29958,
June 10, 1994
(PDF)** (3 pp, 372K)
59 FR 38536, Julv
28, 1994 (PDF) (11
pp, 1.5MB)
59 FR 43496,
Aua. 24, 1994
(PDF)** (5 pp, 715K)
59 FR 47982,
Sept. 19, 1994
(PDF)** (129pp,
71MB)
59 FR 55778,
Nov. 8, 1994
(PDF)** (129pp,
71MB)
and Listing of Hazardous Waste; Testing
and Monitoring Activities; Standards for
Owners and Operators of Hazardous
Waste Treatment, Storage, and Disposal
Facilities
Hazardous Waste Management System,
Identification and Listing of Hazardous
Waste, Recycled Used Oil Management
Standards
Requirements for Preparation, Adoption,
and Submittal of Implementation Plans
Hazardous Waste Management System,
Testing and Monitoring Activities
Land Disposal Restrictions for Newly
Identified and Listed Hazardous Wastes
and Hazardous Soil
Burning of Hazardous Waste in Boilers and
Industrial Furnaces
Standards for the Management of Specific
Hazardous Wastes; Amendment to
Subpart C - Recyclable Materials Used in
a Manner Constituting Disposal; Proposed
Rule
Recordkeeping Instructions
RCRA Expanded Public Participation and
Revisions to Combustion Permitting
Procedures
Standards Applicable to Owners and
Operators of Hazardous Waste Treatment,
Storage and Disposal Facilities,
Underground Storage Tanks and
Underground Injection Control Systems,
Financial Assurance, Letter of Credit
Identification and Listing of Hazardous
Waste, Amendments to the Definition of
Solid Waste
Standards for the Management of Specific
Hazardous Wastes, Amendment to
Subpart C, Recyclable Materials Used in a
Manner Constituting Disposal
Land Disposal Restrictions, Phase II,
Universal Treatment Standards and
Treatment Standards for Organic Toxicity
Characteristic Wastes and Newly Listed
Wastes
Standards Applicable to Owners and
Operators of Closed and Closing
Hazardous Waste Management Facilities;
Proposed
Rulemaking
Final Rule,
Technical
Amendments
and Corrections
Final Rule
Final Rule
Proposed Rule
Interim Final
Rule
Proposed Rule
and Request for
Comment
Technical
Amendment
Proposed Rule
Final Rule and
Amendment
Final Rule
Final Rule and
Response to
Comments
Final Rule
Proposed Rule
and Request for
Public Comment
264, 265,
270and 302
261,264,
265, 271
and 279
51,52,260,
and 266
260,261,
264, 265,
268 and 270
148,260,
261,268,
and 271
266 and 271
266
264 and 265
124 and 270
144,264
and 280
261 and 266
266 and 268
148,260,
261,264,
265, 266,
268, and
271
264, 265,
270, and
271
34
-------
154
155
156
157
158
159
160
161
162
163
164
165
59 FR 62926,
Dec. 6, 1994
60 FR 25492 Mav
1 1 , 1 995 (PDF)**
(60 pp, 7.8MB)
60 FR 26828, Mav
19, 1995
60 FR 33912,
June 29, 1995
60 FR 35703, July
11, 1995
60 FR 3571 8, July
11, 1995
60 FR 37974, July
25, 1995 (PDF)**
(7pp, 861 K)
60 FR 41 870,
Aua. 14, 1995
(PDF)** (1 pg, 137K)
60 FR 50426,
Sect. 29, 1995
60 FR 56468 Nov.
8, 1995 (PDF)**
(28 pp, 3.7MB)
60 FR 56952,
Nov. 13, 1995
60 FR 63433,
Dec. 11, 1995
Post-Closure Permit Requirement; Closure
Process; State Corrective Action
Enforcement Authority
Hazardous Waste Treatment, Storage, and
Disposal Facilities and Hazardous Waste
Generators; Organic Air Emission
Standards for Tanks, Surface
Impoundments, and Containers
Universal Waste Rule Hazardous Waste
Management System; Modification of the
Hazardous Waste Recycling Regulatory
Program
Hazardous Waste Treatment, Storage, and
Disposal Facilities and Hazardous Waste
Generators; Organic Air Emission
Standards for Tanks, Surface
Impoundments, and Containers
Solid Waste, Hazardous Waste, Oil
Discharge and Superfund Programs;
Removal of Legally Obsolete Rules
Hazardous Waste Management: Liquids in
Landfills
Hazardous Waste Management: Liquids in
Landfills
Hazardous Waste Management System;
Testing and Monitoring Activities
Hazardous Waste Treatment, Storage, and
Disposal Facilities and Hazardous Waste
Generators; Organic Air Emission
Standards for Tanks, Surface
Impoundments, and Containers
Hazardous Waste Treatment, Storage, and
Disposal Facilities and Hazardous Waste
Generators; Organic Air Emission
Standards for Tanks, Surface
Impoundments, and Containers
Military Munitions Rule: Hazardous Waste
Identification and Management; Explosives
Emergencies; Redefinition of On-Site
Hazardous Waste Treatment, Storage, and
Disposal Facilities and Hazardous Waste
Generators; Organic Air Emission
Standards for Tanks, Surface
Impoundments, and Containers
RCRA Expanded Public Participation
Final Rule
Final Rule
Notice of
Postponed
Effective Date
Final Rule
Direct Final Rule
to Grant a
Petition to Add a
Test Method
Notice of
Proposed
Rulemaking to
Grant a Petition
Proposed Rule
Proposed Rule;
Data Availability
Final Rule and
Administrative
Stay
Proposed Rule
Notice of
Postponed
Effective Date
Final Rule
9, 60, 260,
262, 264,
265, 270,
and 271
9,260,261,
262, 264,
265, 266,
268, 270,
and 273
264, 265,
270, and
271
110,259,
261,266,
267, 270,
271,300
and 373
264, 265,
and 271
264 and 265
260, 264,
and 265
9, 60, 260,
262, 264,
265, 270,
and 271
264 and 265
260,261,
262, 263,
264, 265,
and 270
264, 265,
and 271
9, 124, and
270
35
-------
166
167
168
169
170
171
172
173
174
175
176
177
178
61 FR4903, Feb.
9, 1996
61 FR 16290, Apr.
12, 1 996 (PDF)***
(27 pp, 3.2MB)
61 FR 17358, Apr.
19, 1996 (PDF)**
(179pp, 20MB)
61 FR 18780, Apr.
29, 1996 (PDF)**
(85 pp, 10MB)
61 FR 28508,
June 5, 1996
61 FR 59932,
Nov. 25, 1996
(PDF)* ** (66 pp,
7.9MB)
61 FR 65268,
Dec. 11, 1996
(PDF)** (29 pp,
3.6MB)
62 FR 960 Jan. 7,
1997 (PDF)** (3 PP,
345 K)
62 FR 6622, Feb.
12, 1997
62 FR 15303, Mar.
31, 1997
62 FR 2421 2, Mav
2, 1997 (PDF)**
(43 pp, 5.4MB)
62 FR 32451,
June 13, 1997
62 FR 52622, Oct.
8, 1997
Hazardous Waste Treatment, Storage, and
Disposal Facilities and Hazardous Waste
Generators; Organic Air Emission
Standards for Tanks, Surface
Impoundments, and Containers
Imports and Exports of Hazardous Waste,
Implementation of OECD Council Decision
C(92)39 Concerning the Control of
Transfrontier Movements of Wastes
Destined for Recovery Operations
Revised Standards for Hazardous Waste
Combustors
Requirements for Management of
Hazardous Contaminated Media (HWIR-
Media)
Hazardous Waste Treatment, Storage, and
Disposal Facilities and Hazardous Waste
Generators; Organic Air Emission
Standards for Tanks, Surface
Impoundments, and Containers
Hazardous Waste Treatment, Storage, and
Disposal Facilities and Hazardous Waste
Generators; Organic Air Emission
Standards for Tanks, Surface
Impoundments and Containers
Amendments to Streamline the National
Pollutant Discharge Elimination System
Program Regulations: Round Two
Hazardous Waste Combustors; Revised
Standards; Proposed Rule- Notice of Data
Availability and Request for Comments
Military Munitions Rule, Hazardous Waste
Identification and Management, Explosives
Emergencies, Manifest Exemption for
Transport of Hazardous Waste on Right-of-
Ways on Contiguous Properties
Project XL Site-specific Rulemaking for
Merck & Co., Inc. Stonewall Plant
Revised Technical Standards for
Hazardous Waste Combustion Facilities
Hazardous Waste Management System,
Testing and Monitoring Activities
Project XL Site-specific Rulemaking for
Merck & Co., Inc. Stonewall Plant
Final Rule and
Technical
Amendment
Final Rule
Proposed Rule
Proposed Rule
Amendment of
Final Rule to
Postpone
Final Rule
Proposed Rule
Notice of Data
Availability and
Request for
Comments
Final Rule
Proposed Rule
Notice of Data
Availability and
Request for
Comments
Final Rule
Final Rule
262, 264,
265, and
270
9,260,261,
262, 263,
264, 265,
266, and
273
60, 63, 260,
261,264,
265, 266,
270, and
271
260,261,
262, 264,
268, 269
and 271
264, 265,
270, and
271
261,262,
264, 265,
270 and 271
22,117,122,
123, 124,
125, 144,
270, and
271
60, 63, 260,
261,264,
265, 266,
270 and 271
260,261,
262, 263,
264, 265,
266, and
270
52, 60, 264,
and 265
60, 63, 260,
261,264,
265, 266,
270, and
271
260, 264,
265, and
266
52, 60, 264
and 265
36
-------
179
180
181
182
183
184
185
186
187
188
189
190
191
192
193
62 FR 64636,
Dec. 8, 1997
63 FR 11 124, Mar.
6, 1998
63 FR 19837, Apr.
22, 1998
63 FR 33829,
June 19, 1998
63 FR 49383,
Sept. 15, 1998
63 FR 53844, Oct.
7, 1998
63 FR 56709, Oct.
22, 1998
63 FR 65873,
Nov. 30, 1998
63 FR 71225,
Dec. 24, 1998
64 FR 3381, Jan.
21, 1999
64 FR 10064, Mar
1, 1999 (PDF) (11
PP, 76K)
64 FR 36465, Julv
6, 1999
64 FR 37623, Julv
12, 1999
64 FR 52827,
Sept. 30, 1999
64 FR 63209,
Nov. 19, 1999
Hazardous Waste Treatment, Storage, and
Disposal Facilities and Hazardous Waste
Generators; Organic Air Emission
Standards for Tanks, Surface
Impoundments, and Containers
Project XL Site-specific Rulemaking for
OSi Specialties, Inc., Sistersville, WV
Removal of Direct Final Rule for XL Project
at OSi Specialties, Inc., Sistersville, WV
Hazardous Waste Combustors; Revised
Standards
Project XL Site-specific Rulemaking for
OSi Specialties, Inc., Sistersville, WV
Project XL Site-Specific Rulemaking for
OSi Specialties, Inc., Sistersville, WV
Standards Applicable to Owners and
Operators of Closed and Closing
Hazardous Waste Management Facilities,
Post-Closure Permit Requirement and
Closure Process
Hazardous Remediation Waste
Management Requirements (HWIR-media)
Universal Waste Rule, Hazardous Waste
Management System, Modification of the
Hazardous Waste Recycling Regulatory
Program
Hazardous Waste Treatment, Storage, and
Disposal Facilities and Hazardous Waste
Generators, Organic Air Emission
Standards for Tanks, Surface
Impoundments, and Containers
Approach to Reinventing Regulations on
Storing Mixed Low-Level Radioactive
Waste
Hazardous Waste Management System,
Modification of the Hazardous Waste
Program, Hazardous Waste Lamps
Project XL Rulemaking for New York State
Public Utilities, Hazardous Waste
Management Systems
NESHAPS, Final Standards for Hazardous
Air Pollutants for Hazardous Waste
Combustors
Final Standards for Hazardous Air
Pollutants for Hazardous Waste
Combustors
Final Rule,
Clarification and
Technical
Amendment
Direct Final Rule
Removal of
Direct Final Rule
Amendments
Final Rule
Final Rule
Final Rule and
Technical
Correction
Final Rule
Final Rule
Final Rule and
Correcting
Amendments
Final Rule
Advance Notice
of Proposed
Rulemaking
(ANPR)
Final Rule
Final Rule
Final Rule
Final Rule and
Technical
Correction
264, 265,
and 270
264 and 265
264 and 265
63, 261, and
270
264 and 265
264 and 265
264, 265,
270, and
271
260,261,
264, 265,
268, 270
and 271
266 and 273
262, 264,
and 265
266
260, 261
264, 265,
268, 270
and 273
9, 262, 264,
265, and
270
60, 63, 260,
261,264,
265, 266,
270, 271
63, 261, and
266
37
-------
Note: *EPA FRNs only go back to Oct 1994; no EPA entries were found for Apr and Nov1996; GPO FRNs only go back
to 1998; "used HeinOnline for entries dated May 1980 - Jun 1994 and Apr and Nov 1996
No.
194
195
196
197
198
199
200
201
202
203
204
205
206
207
Date
65 FR 30886, May
15,2000
65 FR 51 080,
Aua. 22, 2000
65 FR 70678,
Nov. 27, 2000
65 FR 70953,
Nov. 28, 2000
66 FR 2721 7, Mav
16,2001
66 FR 28239, Mav
22, 2001
66 FR 35087 July
3, 2001
66 FR 52 192, Oct.
12,2001
67 FR 2517, Jan.
17,2002
67 FR 2961, Jan.
22, 2002
67 FR 6791, Feb.
13,2002
67 FR 40507,
June 12,2002
67 FR 48393, Julv
24, 2002
67 FR 66252, Oct.
30, 2002
Title
Amendments to Streamline the National
Pollutant Discharge Elimination System
Program Regulations: Round Two
Amendments to the Corrective Action
Management Unit Rule
Waste Management System; Testing and
Monitoring Activities; Notice of Availability
of Draft Update IVB of SW-846
Requirements for Zinc Fertilizers Made
From Recycled Hazardous Secondary
Materials
Storage, Treatment, Transportation, and
Disposal of Mixed Waste
Hazardous Waste Management System;
Modification of the Hazardous Waste
Manifest System
NESHAP, Standards for Hazardous Air
Pollutants for Hazardous Waste
Combustors
Hazardous Waste Management System;
Standardized Permit; Corrective Action;
and Financial Responsibility for RCRA
Hazardous Waste Management Facilities
Resource Conservation and Recovery Act
Burden Reduction Initiative
Amendments to the Corrective Action
Management Unit Rule
NESHAP, Interim Standards for
Hazardous Air Pollutants for Hazardous
Waste Combustors (Interim Standards
Rule)
Hazardous Waste Management System;
Modification of the Hazardous Waste
Program; Cathode Ray Tubes and
Mercury-Containing Equipment
Zinc Fertilizers Made From Recycled
Hazardous Secondary Materials
Waste Management System; Testing and
Monitoring Activities; Proposed Rule:
Methods Innovation Rule
Action
Final Rule
Proposed Rule
Notice of
Availability and
Request for
Comment
Proposed Rule
Final Rule
Proposed Rule
Direct Final Rule
Proposed Rule
and Request for
Public Comment
Proposed Rule
Final Rule
Final Rule
Proposed Rule
Final Rule
Proposed Rule
and Notice of
Availability
Parts
22, 117,
122, 123,
124, 125,
144,270,
and 271
260, 264,
and 271
258, 260,
261,264,
265, 266,
270, and
279
261,266,
and 268
266
260,261,
262, 263,
264, 265,
271
63 and 264
124,260,
267, and
270
260,261,
264, 265,
266, 268,
270, and
271
260, 264,
and 271
63, 264,
265, 266,
270, and
271
260,261,
264, 268,
270, and
273
261,266,
268 and 271
63, 258,
260,261,
264, 265,
266, 270,
271, and
38
-------
208
209
210
211
212
213
214
215
216
217
218
219
220
67 FR 77692,
Dec. 19,2002
68 FR 2276, Jan.
16,2003
69 FR 21 197, Apr.
20, 2004
69 FR 22601. Apr.
26, 2004
69 FR 41 575, Julv
9, 2004
70 FR 10775, Mar.
4, 2005
70 FR 34537,
June 14, 2005
70 FR 35034,
June 16, 2005
70 FR 441 50,
Aua. 1,2005
70 FR 45507,
Auq. 5, 2005
70 FR 53474,
Sept. 8, 2005
70 FR 59401, Oct.
12,2005
71 FR 16861, Apr.
4, 2006
NESHAP: Standards for Hazardous Air
Pollutants for Hazardous Waste
Combustors-Corrections
Waste Management System; Testing and
Monitoring Activities; Reopening of
Comment Period for the Proposed
Methods Innovation Rule (MIR)
National Emission Standards for
Hazardous Air Pollutants: Proposed
Standards for Hazardous Air Pollutants for
Hazardous Waste Combustors (Phase I
Final Replacement Standards and Phase
II)
National Emission Standards for
Hazardous Air Pollutants, Surface Coating
of Automobiles and Light-Duty Trucks
National Pollutant Discharge Elimination
System-Final Regulations To Establish
Requirements for Cooling Water Intake
Structures at Phase II Existing Facilities
Hazardous Waste Management System,
Modification of the Hazardous Waste
Manifest System
Waste Management System, Testing and
Monitoring Activities, Methods Innovation
Rule and SW-846 Final Update NIB
Hazardous Waste Management System,
Modification of the Hazardous Waste
Manifest System, Correction
Waste Management System, Testing and
Monitoring Activities, Methods Innovation
Rule and SW-846 Final Update NIB
Hazardous Waste Management System,
Modification of the Hazardous Waste
Program, Mercury Containing Equipment
Hazardous Waste Management System;
Standardized Permit for RCRA Hazardous
Waste Management Facilities
National Emission Standards for
Hazardous Air Pollutants, Final Standards
for Hazardous Air Pollutants for Hazardous
Waste Combustors (Phase I Final
Replacement Standards and Phase II)
Resource Conservation and Recovery Act
Burden Reduction Initiative
Technical
Correction
Proposed Rule;
Reopening of
Comment Period
Proposed Rule
Final Rule
Final Rule
Final Rule
Final Rule
Final Rule and
Correcting
Amendments
Final Rule
Final Rule
Final Rule
Final Rule
Final Rule
279
63 and 270
63, 258,
260,261,
264, 265,
266, 270,
271, and
279
63, 264,
265, 266,
270, and
271
63, 264 and
265
9, 122, 123,
124, and
125
260,261,
262, 263,
264, 265,
and 271
63, 258,
260,261,
264, 265,
266, 268,
270,271,
and 279
262, 264,
and 265
258,261,
and 264
260,261,
264, 265,
268, 270,
and 273
124,260,
261,267,
and 270
9, 63, 260,
264, 265,
266, 270
and 271
260,261,
264, 265,
266, 268,
270, and
39
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221
222
223
224
225
226
71 FR 40253, July
14,2006
73 FR 18970, Apr.
8, 2008
73 FR 58388, Oct.
6, 2008
74 FR 30228,
June 25, 2009
75 FR 1235, Jan.
8,2010
75 FR 12989, Mar.
18,2010
Hazardous Waste and Used Oil,
Corrections to Errors in the Code of
Federal Regulations
NESHAP, National Emission Standards for
Hazardous Air Pollutants, Standards for
Hazardous Waste Combustors,
Amendments
Revisions to: The Requirements for
Transboundary Shipments of Wastes
Between OECD Countries, the
Requirements for Export Shipments of
Spent Lead-Acid Batteries, the
Requirements on Submitting Exception
Reports for Export Shipments of
Hazardous Wastes, and the Requirements
for Imports of Hazardous Wastes
Reorganization and Name Change for the
Office of Solid Waste (OSW) Within the
Office of Solid Waste and Emergency
Response
Revisions to the Requirements for
Transboundary Shipments of Hazardous
Wastes Between OECD Member
Countries, Export Shipments of Spent
Lead-Acid Batteries, Submitting Exception
Reports for Export Shipments of
Hazardous Wastes, and Imports of
Hazardous Wastes
Hazardous Waste Technical Corrections
and Clarifications Rule
Final Rule
Final Rule
Proposed Rule
Final Rule
Final Rule
Direct Final Rule
271
260,261,
262, 264,
265, 266,
267, 268,
270,271,
273, and
279
63, 264 and
266
262, 264,
265, 266,
and 271
1,40,63,
260,261,
262, 266,
271,750
and 761
262, 263,
264, 265,
266, and
271
260,261,
262, 263,
264, 265,
266, 268
and 270
Note: For more Federal Register Notices and supporting documents, search the RCRA Docket at regulations.gov.
Of 1st)
Part 264 - for
Subpart A—General
§ 264.1 Purpose, scope and applicability.
§264.2 [Reserved!
§ 264.3 Relationship to interim status standards.
§ 264.4 Imminent hazard action.
40
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Subpart B—General Facility Standards
§264.10 Applicability.
§264.11 Identification number.
§ 264.12 Required notices.
§264.13 General waste analysis.
§264.14 Security.
§ 264.15 General inspection requirements.
§264.16 Personnel training.
§ 264.17 General requirements for ignitable, reactive, or incompatible wastes.
§264.18 Location standards.
§ 264.19 Construction quality assurance program.
Subpart C—Preparedness and Prevention
§ 264.30 Applicability.
§ 264.31 Design and operation of facility.
§ 264.32 Reguired eguipment.
§ 264.33 Testing and maintenance of eguipment.
§ 264.34 Access to communications or alarm system.
§ 264.35 Reguired aisle space.
§264.36 [Reserved!
§ 264.37 Arrangements with local authorities.
Subpart D—Contingency Plan and Emergency Procedures
§264.50 Applicability.
§ 264.51 Purpose and implementation of contingency plan.
§ 264.52 Content of contingency plan.
§ 264.53 Copies of contingency plan.
§ 264.54 Amendment of contingency plan.
§ 264.55 Emergency coordinator.
§ 264.56 Emergency procedures.
Subpart E—Manifest System. Recordkeeping. and Reporting
§ 264.70 Applicability.
§ 264.71 Use of manifest system.
§ 264.72 Manifest discrepancies.
§ 264.73 Operating record.
§ 264.74 Availability, retention, and disposition of records.
§ 264.75 Biennial report.
§ 264.76 Unmanifested waste report.
§ 264.77 Additional reports.
Subpart F—Releases From Solid Waste Management Units
§264.90 Applicability.
§ 264.91 Reguired programs.
§ 264.92 Ground-water protection standard.
§ 264.93 Hazardous constituents.
§ 264.94 Concentration limits.
§ 264.95 Point of compliance.
§ 264.96 Compliance period.
§ 264.97 General ground-water monitoring reguirements.
§ 264.98 Detection monitoring program.
§ 264.99 Compliance monitoring program.
§ 264.100 Corrective action program.
§ 264.101 Corrective action for solid waste management units.
Subpart G—Closure and Post-Closure
41
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§264.110 Applicability.
§ 264.111 Closure performance standard.
§ 264.112 Closure plan: amendment of plan.
§ 264.113 Closure: time allowed for closure.
§ 264.114 Disposal or decontamination of equipment, structures and soils.
§ 264.115 Certification of closure.
§264.116 Survey plat.
§ 264.117 Post-closure care and use of property.
§264.118 Post-closure plan: amendment of plan.
§ 264.119 Post-closure notices.
§ 264.120 Certification of completion of post-closure care.
Subpart H—Financial Requirements
§264.140 Applicability.
§ 264.141 Definitions of terms as used in this subpart.
§ 264.142 Cost estimate for closure.
§ 264.143 Financial assurance for closure.
§ 264.144 Cost estimate for post-closure care.
§ 264.145 Financial assurance for post-closure care.
§ 264.146 Use of a mechanism for financial assurance of both closure and post-closure care.
§264.147 Liability requirements.
§ 264.148 Incapacity of owners or operators, guarantors, or financial institutions.
§ 264.149 Use of State-required mechanisms.
§ 264.150 State assumption of responsibility.
§ 264.151 Wording of the instruments.
Subpart I—Use and Management of Containers
§264.170 Applicability.
§ 264.171 Condition of containers.
§ 264.172 Compatibility of waste with containers.
§264.173 Management of containers.
§264.174 Inspections.
§264.175 Containment.
§ 264.176 Special requirements for ignitable or reactive waste.
§ 264.177 Special requirements for incompatible wastes.
§264.178 Closure.
§ 264.179 Air emission standards.
Subpart J—Tank Systems
§264.190 Applicability.
§ 264.191 Assessment of existing tank system's integrity.
§ 264.192 Design and installation of new tank systems or components.
§ 264.193 Containment and detection of releases.
§ 264.194 General operating reguirements.
§264.195 Inspections.
§ 264.196 Response to leaks or spills and disposition of leaking or unfit-for-use tank systems.
§ 264.197 Closure and post-closure care.
§ 264.198 Special reguirements for ignitable or reactive wastes.
§ 264.199 Special reguirements for incompatible wastes.
§ 264.200 Air emission standards.
Subpart K—Surface Impoundments
§ 264.220 Applicability.
§ 264.221 Design and operating reguirements.
§ 264.222 Action leakage rate.
§ 264.223 Response actions.
42
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§§ 264.224-264.225 [Reserved]
§ 264.226 Monitoring and inspection.
§ 264.227 Emergency repairs: contingency plans.
§ 264.228 Closure and post-closure care.
§ 264.229 Special requirements for iqnitable or reactive waste.
§ 264.230 Special requirements for incompatible wastes.
§ 264.231 Special requirements for hazardous wastes FO20, FO21, FO22, FO23, FO26, and FO27.
§ 264.232 Air emission standards.
Subpart L—Waste Piles
§ 264.250 Applicability.
§ 264.251 Design and operating requirements.
§ 264.252 Action leakage rate.
§ 264.253 Response actions.
§ 264.254 Monitoring and inspection.
§264.255 [Reserved!
§ 264.256 Special requirements for iqnitable or reactive waste.
§ 264.257 Special requirements for incompatible wastes.
§ 264.258 Closure and post-closure care.
§ 264.259 Special requirements for hazardous wastes FO20, FO21, FO22, FO23, FO26, and FO27.
Subpart M—Land Treatment
§ 264.270 Applicability.
§ 264.271 Treatment program.
§ 264.272 Treatment demonstration.
§ 264.273 Design and operating requirements.
§§ 264.274-264.275 [Reserved]
§ 264.276 Food-chain crops.
§264.277 [Reserved!
§ 264.278 Unsaturated zone monitoring.
§ 264.279 Recordkeepinq.
§ 264.280 Closure and post-closure care.
§ 264.281 Special requirements for iqnitable or reactive waste.
§ 264.282 Special requirements for incompatible wastes.
§ 264.283 Special requirements for hazardous wastes FO20, FO21, FO22, FO23, FO26, and FO27.
Subpart N—Landfills
§ 264.300 Applicability.
§ 264.301 Design and operating requirements.
§ 264.302 Action leakage rate.
§ 264.303 Monitoring and inspection.
§ 264.304 Response actions.
§§ 264.305-264.308 [Reserved]
§ 264.309 Surveying and recordkeepinq.
§ 264.310 Closure and post-closure care.
§ 264.311 [Reserved!
§ 264.312 Special requirements for iqnitable or reactive waste.
§ 264.313 Special requirements for incompatible wastes.
§ 264.314 Special requirements for bulk and containerized liquids.
§ 264.315 Special requirements for containers.
§ 264.316 Disposal of small containers of hazardous waste in overpacked drums (lab packs').
§ 264.317 Special requirements for hazardous wastes FO20, FO21, FO22, FO23, FO26, and FO27.
Subpart O—Incinerators
43
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§ 264.340 Applicability.
§ 264.341 Waste analysis.
§ 264.342 Principal organic hazardous constituents (POHCs).
§ 264.343 Performance standards.
§ 264.344 Hazardous waste incinerator permits.
§ 264.345 Operating requirements.
§264.346 [Reserved!
§ 264.347 Monitoring and inspections.
§§ 264.348-264.350 [Reserved]
§ 264.351 Closure.
Subparts P-R [Reserved]
Subpart S—Special Provisions for Cleanup
§ 264.550 Applicability of Corrective Action Management Unit (CAMP) regulations.
§ 264.551 Grandfathered Corrective Action Management Units (CAMUs).
§ 264.552 Corrective Action Management Units (CAMU).
§ 264.553 Temporary Units (TU).
§ 264.554 Staging piles.
§ 264.555 Disposal of CAMU-eligible wastes in permitted hazardous waste landfills.
Subparts T-V [Reserved]
Subpart W—Drip Pads
§ 264.570 Applicability.
§ 264.571 Assessment of existing drip pad integrity.
§ 264.572 Design and installation of new drip pads.
§ 264.573 Design and operating reguirements.
§ 264.574 Inspections.
§264.575 Closure.
Subpart X—Miscellaneous Units
§ 264.600 Applicability.
§ 264.601 Environmental performance standards.
§ 264.602 Monitoring, analysis, inspection, response, reporting, and corrective action.
§ 264.603 Post-closure care.
Subparts Y-Z [Reserved]
Subpart AA—Air Emission Standards for Process Vents
§264.1030 Applicability.
§264.1031 Definitions.
§ 264.1032 Standards: Process vents.
§ 264.1033 Standards: Closed-vent systems and control devices.
§ 264.1034 Test methods and procedures.
§264.1035 Recordkeeping reguirements.
§ 264.1036 Reporting reguirements.
§§264.1037-264.1049 [Reserved]
Subpart BB—Air Emission Standards for Equipment Leaks
§264.1050 Applicability.
§264.1051 Definitions.
§ 264.1052 Standards: Pumps in light liguid service.
§ 264.1053 Standards: Compressors.
§ 264.1054 Standards: Pressure relief devices in gas/vapor service.
§ 264.1055 Standards: Sampling connection systems.
44
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§ 264.1056 Standards: Open-ended valves or lines.
§ 264.1057 Standards: Valves in gas/vapor service or in light liquid service.
§ 264.1058 Standards: Pumps and valves in heavy liquid service, pressure relief devices in light liquid or
heavy liquid service, and flanges and other connectors.
§ 264.1059 Standards: Delay of repair.
§ 264.1060 Standards: Closed-vent systems and control devices.
§ 264.1061 Alternative standards for valves in gas/vapor service or in light liquid service: percentage of
valves allowed to leak.
§ 264.1062 Alternative standards for valves in gas/vapor service or in light liquid service: skip period
leak detection and repair.
§ 264.1063 Test methods and procedures.
§264.1064 Recordkeepinq requirements.
§ 264.1065 Reporting requirements.
§§264.1066-264.1079 [Reserved]
Subpart CC—Air Emission Standards for Tanks. Surface Impoundments, and Containers
§264.1080 Applicability.
§264.1081 Definitions.
§ 264.1082 Standards: General.
§ 264.1083 Waste determination procedures.
§264.1084 Standards: Tanks.
§ 264.1085 Standards: Surface impoundments.
§ 264.1086 Standards: Containers.
§ 264.1087 Standards: Closed-vent systems and control devices.
§ 264.1088 Inspection and monitoring requirements.
§264.1089 Recordkeepinq requirements.
§ 264.1090 Reporting requirements.
§264.1091 [Reserved!
Subpart DP—Containment Buildings
§264.1100 Applicability.
§ 264.1101 Design and operating standards.
§ 264.1102 Closure and post-closure care.
§§264.1103-264.1110 [Reserved]
Subpart EE—Hazardous Waste Munitions and Explosives Storage
§264.1200 Applicability.
§ 264.1201 Design and operating standards.
§ 264.1202 Closure and post-closure care.
Appendix I to Part 264—Recordkeepinq Instructions
Appendixes ll-lll to Part 264 [Reserved]
Appendix IV to Part 264—Cochran's Approximation to the Behrens-Fisher Students' t-test
Appendix V to Part 264—Examples of Potentially Incompatible Waste
Appendix VI to Part 264—Political Jurisdictions1 in Which Compliance With §264.18(a) Must Be
Demonstrated
Appendixes VII-VIII to Part 264 [Reserved]
Appendix IX to Part 264—Ground-Water Monitoring List
Part 265 • '. . . •.-.'-. - . : - . , . . us
Subpart A—General
45
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§ 265.1 Purpose, scope, and applicability.
§§ 265.2-265.3 [Reserved]
§ 265.4 Imminent hazard action.
Subpart B—General Facility Standards
§265.10 Applicability.
§265.11 Identification number.
§ 265.12 Required notices.
§265.13 General waste analysis.
§265.14 Security.
§ 265.15 General inspection requirements.
§265.16 Personnel training.
§ 265.17 General requirements for ignitable, reactive, or incompatible wastes.
§265.18 Location standards.
§ 265.19 Construction quality assurance program.
Subpart C—Preparedness and Prevention
§265.30 Applicability.
§ 265.31 Maintenance and operation of facility.
§ 265.32 Reguired eguipment.
§ 265.33 Testing and maintenance of eguipment.
§ 265.34 Access to communications or alarm system.
§ 265.35 Reguired aisle space.
§265.36 [Reserved!
§ 265.37 Arrangements with local authorities.
Subpart D—Contingency Plan and Emergency Procedures
§265.50 Applicability.
§ 265.51 Purpose and implementation of contingency plan.
§ 265.52 Content of contingency plan.
§ 265.53 Copies of contingency plan.
§ 265.54 Amendment of contingency plan.
§ 265.55 Emergency coordinator.
§ 265.56 Emergency procedures.
Subpart E—Manifest System. Recordkeeping. and Reporting
§ 265.70 Applicability.
§ 265.71 Use of manifest system.
§ 265.72 Manifest discrepancies.
§ 265.73 Operating record.
§ 265.74 Availability, retention, and disposition of records.
§ 265.75 Biennial report.
§ 265.76 Unmanifested waste report.
§ 265.77 Additional reports.
Subpart F—Ground-Water Monitoring
§265.90 Applicability.
§ 265.91 Ground-water monitoring system.
§ 265.92 Sampling and analysis.
§ 265.93 Preparation, evaluation, and response.
§ 265.94 Recordkeeping and reporting.
Subpart G—Closure and Post-Closure
§265.110 Applicability.
§ 265.111 Closure performance standard.
§ 265.112 Closure plan: amendment of plan.
46
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§ 265.113 Closure: time allowed for closure.
§ 265.114 Disposal or decontamination of equipment, structures and soils.
§ 265.115 Certification of closure.
§265.116 Survey plat.
§ 265.117 Post-closure care and use of property.
§265.118 Post-closure plan: amendment of plan.
§ 265.119 Post-closure notices.
§ 265.120 Certification of completion of post-closure care.
§ 265.121 Post-closure requirements for facilities that obtain enforceable documents in lieu of post-
closure permits.
Subpart H—Financial Requirements
§265.140 Applicability.
§ 265.141 Definitions of terms as used in this subpart.
§ 265.142 Cost estimate for closure.
§ 265.143 Financial assurance for closure.
§ 265.144 Cost estimate for post-closure care.
§ 265.145 Financial assurance for post-closure care.
§ 265.146 Use of a mechanism for financial assurance of both closure and post-closure care.
§265.147 Liability requirements.
§ 265.148 Incapacity of owners or operators, guarantors, or financial institutions.
§ 265.149 Use of State-required mechanisms.
§ 265.150 State assumption of responsibility.
Subpart I—Use and Management of Containers
§265.170 Applicability.
§ 265.171 Condition of containers.
§ 265.172 Compatibility of waste with container.
§265.173 Management of containers.
§265.174 Inspections.
§265.175 [Reserved!
§ 265.176 Special requirements for ignitable or reactive waste.
§ 265.177 Special requirements for incompatible wastes.
§ 265.178 Air emission standards.
Subpart J—Tank Systems
§265.190 Applicability.
§ 265.191 Assessment of existing tank system's integrity.
§ 265.192 Design and installation of new tank systems or components.
§ 265.193 Containment and detection of releases.
§ 265.194 General operating reguirements.
§265.195 Inspections.
§ 265.196 Response to leaks or spills and disposition of leaking or unfit-for-use tank systems.
§ 265.197 Closure and post-closure care.
§ 265.198 Special reguirements for ignitable or reactive wastes.
§ 265.199 Special reguirements for incompatible wastes.
§ 265.200 Waste analysis and trial tests.
§ 265.201 Special reguirements for generators of between 100 and 1,000 kg/mo that accumulate
hazardous waste in tanks.
§ 265.202 Air emission standards.
Subpart K—Surface Impoundments
§ 265.220 Applicability.
§ 265.221 Design and operating reguirements.
§ 265.222 Action leakage rate.
§ 265.223 Containment system.
47
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§ 265.224 Response actions.
§ 265.225 Waste analysis and trial tests.
§ 265.226 Monitoring and inspection.
§265.227 [Reserved!
§ 265.228 Closure and post-closure care.
§ 265.229 Special requirements for iqnitable or reactive waste.
§ 265.230 Special requirements for incompatible wastes.
§ 265.231 Air emission standards.
Subpart L—Waste Piles
§ 265.250 Applicability.
§ 265.251 Protection from wind.
§ 265.252 Waste analysis.
§ 265.253 Containment.
§ 265.254 Design and operating requirements.
§ 265.255 Action leakage rates.
§ 265.256 Special requirements for iqnitable or reactive waste.
§ 265.257 Special requirements for incompatible wastes.
§ 265.258 Closure and post-closure care.
§ 265.259 Response actions.
§ 265.260 Monitoring and inspection.
Subpart M—Land Treatment
§ 265.270 Applicability.
§ 265.271 [Reserved!
§ 265.272 General operating requirements.
§ 265.273 Waste analysis.
§§ 265.274-265.275 [Reserved]
§ 265.276 Food chain crops.
§265.277 [Reserved!
§ 265.278 Unsaturated zone (zone of aeration) monitoring.
§ 265.279 Recordkeepinq.
§ 265.280 Closure and post-closure.
§ 265.281 Special requirements for iqnitable or reactive waste.
§ 265.282 Special requirements for incompatible wastes.
Subpart N—Landfills
§ 265.300 Applicability.
§ 265.301 Design and operating requirements.
§ 265.302 Action leakage rate.
§ 265.303 Response actions.
§ 265.304 Monitoring and inspection.
§§ 265.305-265.308 [Reserved]
§ 265.309 Surveying and recordkeepinq.
§ 265.310 Closure and post-closure care.
§ 265.311 [Reserved!
§ 265.312 Special requirements for iqnitable or reactive waste.
§ 265.313 Special requirements for incompatible wastes.
§ 265.314 Special requirements for bulk and containerized liquids.
§ 265.315 Special requirements for containers.
§ 265.316 Disposal of small containers of hazardous waste in overpacked drums (lab packs').
Subpart O—Incinerators
48
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§ 265.340 Applicability.
§ 265.341 Waste analysis.
§§ 265.342-265.344 [Reserved]
§ 265.345 General operating requirements.
§265.346 [Reserved!
§ 265.347 Monitoring and inspections.
§§ 265.348-265.350 [Reserved]
§ 265.351 Closure.
§ 265.352 Interim status incinerators burning particular hazardous wastes.
§§ 265.353-265.369 [Reserved]
Subpart P—Thermal Treatment
§ 265.370 Other thermal treatment.
§§265.371-265.372 [Reserved]
§ 265.373 General operating requirements.
§265.374 [Reserved]
§ 265.375 Waste analysis.
§265.376 [Reserved]
§ 265.377 Monitoring and inspections.
§§ 265.378-265.380 [Reserved]
§265.381 Closure.
§ 265.382 Open burning: waste explosives.
§ 265.383 Interim status thermal treatment devices burning particular hazardous waste.
Subpart Q—Chemical. Physical, and Biological Treatment
§ 265.400 Applicability.
§ 265.401 General operating requirements.
§ 265.402 Waste analysis and trial tests.
§ 265.403 Inspections.
§265.404 Closure.
§ 265.405 Special requirements for iqnitable or reactive waste.
§ 265.406 Special requirements for incompatible wastes.
Subpart R—Underground Injection
§ 265.430 Applicability.
Subparts S-V [Reserved]
Subpart W—Drip Pads
§ 265.440 Applicability.
§ 265.441 Assessment of existing drip pad integrity.
§ 265.442 Design and installation of new drip pads.
§ 265.443 Design and operating requirements.
§ 265.444 Inspections.
§265.445 Closure.
Subparts X-Z [Reserved]
Subpart AA—Air Emission Standards for Process Vents
§265.1030 Applicability.
§265.1031 Definitions.
§ 265.1032 Standards: Process vents.
§ 265.1033 Standards: Closed-vent systems and control devices.
§ 265.1034 Test methods and procedures.
49
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§265.1035 Recordkeepinq requirements.
§§265.1036-265.1049 [Reserved]
Subpart BB—Air Emission Standards for Equipment Leaks
§265.1050 Applicability.
§265.1051 Definitions.
§ 265.1052 Standards: Pumps in light liquid service.
§ 265.1053 Standards: Compressors.
§ 265.1054 Standards: Pressure relief devices in gas/vapor service.
§ 265.1055 Standards: Sampling connection systems.
§ 265.1056 Standards: Open-ended valves or lines.
§ 265.1057 Standards: Valves in gas/vapor service or in light liquid service.
§ 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.
§ 265.1059 Standards: Delay of repair.
§ 265.1060 Standards: Closed-vent systems and control devices.
§ 265.1061 Alternative standards for valves in gas/vapor service or in light liquid service: percentage of
valves allowed to leak.
§ 265.1062 Alternative standards for valves in gas/vapor service or in light liquid service: skip period
leak detection and repair.
§ 265.1063 Test methods and procedures.
§265.1064 Recordkeepinq requirements.
§§265.1065-265.1079 [Reserved]
Subpart CC—Air Emission Standards for Tanks. Surface Impoundments, and Containers
§265.1080 Applicability.
§265.1081 Definitions.
§ 265.1082 Schedule for implementation of air emission standards.
§ 265.1083 Standards: General.
§ 265.1084 Waste determination procedures.
§265.1085 Standards: Tanks.
§ 265.1086 Standards: Surface impoundments.
§ 265.1087 Standards: Containers.
§ 265.1088 Standards: Closed-vent systems and control devices.
§ 265.1089 Inspection and monitoring requirements.
§265.1090 Recordkeepinq requirements.
§265.1091 [Reserved!
Subpart DP—Containment Buildings
§265.1100 Applicability.
§ 265.1101 Design and operating standards.
§ 265.1102 Closure and post-closure care.
§§265.1103-265.1110 [Reserved]
Subpart EE—Hazardous Waste Munitions and Explosives Storage
§265.1200 Applicability.
§ 265.1201 Design and operating standards.
§ 265.1202 Closure and post-closure care.
Appendix I to Part 265—Recordkeepinq Instructions
Appendix II to Part 265 [Reserved]
Appendix III to Part 265—EPA Interim Primary Drinking Water Standards
Appendix IV to Part 265—Tests for Significance
Appendix V to Part 265—Examples of Potentially Incompatible Waste
Appendix VI to Part 265—Compounds With Henry's Law Constant Less Than 0.1 Y/X
50
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Part 266
Subparts A-B [Reserved]
Subpart C—Recyclable Materials Used in a Manner Constituting Disposal
§266.20 Applicability.
§ 266.21 Standards applicable to generators and transporters of materials used in a manner that
constitutes disposal.
§ 266.22 Standards applicable to storers of materials that are to be used in a manner that constitutes
disposal who are not the ultimate users.
§ 266.23 Standards applicable to users of materials that are used in a manner that constitutes disposal.
Subparts D-E [Reserved]
Subpart F—Recyclable Materials Utilized for Precious Metal Recovery
§ 266.70 Applicability and requirements.
Subpart G—Spent Lead-Acid Batteries Being Reclaimed
§ 266.80 Applicability and requirements.
Subpart H—Hazardous Waste Burned in Boilers and Industrial Furnaces
§266.100 Applicability.
§ 266.101 Management prior to burning.
§ 266.102 Permit standards for burners.
§ 266.103 Interim status standards for burners.
§ 266.104 Standards to control organic emissions.
§ 266.105 Standards to control particulate matter.
§ 266.106 Standards to control metals emissions.
§ 266.107 Standards to control hydrogen chloride (HCI) and chlorine gas (Cb) emissions.
§ 266.108 Small quantity on-site burner exemption.
§ 266.109 Low risk waste exemption.
§ 266.110 Waiver of DRE trial burn for boilers.
§ 266.111 Standards for direct transfer.
§266.112 Regulation of residues.
Subparts I-L [Reserved]
Subpart M—Military Munitions
§ 266.200 Applicability.
§ 266.201 Definitions.
§ 266.202 Definition of solid waste.
§ 266.203 Standards applicable to the transportation of solid waste military munitions.
§ 266.204 Standards applicable to emergency responses.
§ 266.205 Standards applicable to the storage of solid waste military munitions.
§ 266.206 Standards applicable to the treatment and disposal of waste military munitions.
Subpart N—Conditional Exemption for Low-Level Mixed Waste Storage. Treatment. Transportation
and Disposal.
Terms
§ 266.210 What definitions apply to this subpart?
Storage and Treatment Conditional Exemption and Eligibility
§ 266.220 What does a storage and treatment conditional exemption do?
51
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§ 266.225 What wastes are eligible for the storage and treatment conditional exemption?
§ 266.230 What conditions must you meet for your LLMW to qualify for and maintain a storage and
treatment exemption?
Treatment
§ 266.235 What waste treatment does the storage and treatment conditional exemption allow?
Loss of Conditional Exemption
§ 266.240 How could you lose the conditional exemption for your LLMW and what action must you take?
§ 266.245 If you lose the storage and treatment conditional exemption for your LLMW, can the
exemption be reclaimed?
Recordkeeping
§ 266.250 What records must you keep at your facility and for how long?
Reentry Into RCRA
§ 266.255 When is your LLMW no longer eligible for the storage and treatment conditional exemption?
Storage Unit Closure
§ 266.260 Do closure requirements apply to units that stored LLMW prior to the effective date of Subpart
N?
Transportation and Disposal Conditional Exemption
§ 266.305 What does the transportation and disposal conditional exemption do?
Eligibility
§ 266.310 What wastes are eligible for the transportation and disposal conditional exemption?
Conditions
§ 266.315 What are the conditions you must meet for your waste to qualify for and maintain the
transportation and disposal conditional exemption?
§ 266.320 What treatment standards must your eligible waste meet?
§ 266.325 Are you subject to the manifest and transportation condition in §266.315(13)?
§ 266.330 When does the transportation and disposal exemption take effect?
§ 266.335 Where must your exempted waste be disposed of?
§ 266.340 What type of container must be used for disposal of exempted waste?
Notification
§ 266.345 Whom must you notify?
Recordkeeping
§ 266.350 What records must you keep at your facility and for how long?
Loss of Transportation and Disposal Conditional Exemption
§ 266.355 How could you lose the transportation and disposal conditional exemption for your waste and
what actions must you take?
§ 266.360 If you lose the transportation and disposal conditional exemption for a waste, can the
exemption be reclaimed?
Appendix I to Part 266—Tier I and Tier II Feed Rate and Emissions Screening Limits for Metals
Appendix II to Part 266—Tier I Feed Rate Screening Limits for Total Chlorine
Appendix III to Part 266—Tier II Emission Rate Screening Limits for Free Chlorine and Hydrogen Chloride
Appendix IV to Part 266—Reference Air Concentrations*
Appendix V to Part 266—Risk Specific Doses (10"b)
Appendix VI to Part 266—Stack Plume Rise
Appendix VII to Part 266—Health-Based Limits for Exclusion of Waste-Derived Residues*
Appendix VIM to Part 266—Organic Compounds for Which Residues Must Be Analyzed
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Appendix IX to Part 266—Methods Manual for Compliance With the BIF Regulations
Appendix X to Part 266 [Reserved]
Appendix XI to Part 266—Lead-Bearing Materials That May be Processed in Exempt Lead Smelters
Appendix XII to Part 266—Nickel or Chromium-Bearing Materials that may be Processed in Exempt
Nickel-Chromium Recovery Furnaces
Appendix XIII to Part 266—Mercury Bearing Wastes That May Be Processed in Exempt Mercury
Recovery Units
Part 268 - .L. '•• •..
Subpart A—General
§ 268.1 Purpose, scope, and applicability.
§ 268.2 Definitions applicable in this part.
§ 268.3 Dilution prohibited as a substitute for treatment.
§ 268.4 Treatment surface impoundment exemption.
§ 268.5 Procedures for case-by-case extensions to an effective date.
§ 268.6 Petitions to allow land disposal of a waste prohibited under subpart C of part 268.
§ 268.7 Testing, tracking, and recordkeeping requirements for generators, treaters, and disposal
facilities.
§ 268.8 [Reserved]
§ 268.9 Special rules regarding wastes that exhibit a characteristic.
Subpart B—Schedule for Land Disposal Prohibition and Establishment of Treatment Standards
§§268.10-268.12 [Reserved]
§268.13 Schedule for wastes identified or listed after November 8, 1984.
§ 268.14 Surface impoundment exemptions.
Subpart C—Prohibitions on Land Disposal
§ 268.20 Waste specific prohibitions—Dyes and/or pigments production wastes.
§§268.21-268.29 [Reserved]
§ 268.30 Waste specific prohibitions—wood preserving wastes.
§ 268.31 Waste specific prohibitions—Dioxin-containing wastes.
§ 268.32 Waste specific prohibitions—Soils exhibiting the toxicity characteristic for metals and
containing PCBs.
§ 268.33 Waste specific prohibitions—chlorinated aliphatic wastes.
§ 268.34 Waste specific prohibitions—toxicity characteristic metal wastes.
§ 268.35 Waste specific prohibitions—petroleum refining wastes.
§ 268.36 Waste specific prohibitions—inorganic chemical wastes
§ 268.37 Waste specific prohibitions—ignitable and corrosive characteristic wastes whose treatment
standards were vacated.
§ 268.38 Waste specific prohibitions—newly identified organic toxicity characteristic wastes and newly
listed coke by-product and chlorotoluene production wastes.
§ 268.39 Waste specific prohibitions—spent aluminum potliners: reactive: and carbamate wastes.
Subpart D—Treatment Standards
§ 268.40 Applicability of treatment standards.
§ 268.41 Treatment standards expressed as concentrations in waste extract.
§ 268.42 Treatment standards expressed as specified technologies.
§ 268.43 Treatment standards expressed as waste concentrations.
§ 268.44 Variance from a treatment standard.
§ 268.45 Treatment standards for hazardous debris.
§ 268.46 Alternative treatment standards based on HTMR.
§ 268.48 Universal treatment standards.
§ 268.49 Alternative LDR treatment standards for contaminated soil.
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Subpart E—Prohibitions on Storage
§ 268.50 Prohibitions on storage of restricted wastes.
Appendixes l-ll to Part 268 [Reserved]
Appendix III to Part 268—List of Haloqenated Organic 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 VII to Part 268—LDR Effective Dates of Surface Disposed Prohibited Hazardous Wastes
Appendix VIM 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 131 OB)
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)
Part 270 - ; ,', ; :• :• -:
Subpart A—General Information
§ 270.1 Purpose and scope of these regulations.
§ 270.2 Definitions.
§ 270.3 Considerations under Federal law.
§ 270.4 Effect of a permit.
§ 270.5 Noncompliance and program reporting by the Director.
§ 270.6 References.
Subpart B—Permit Application
§ 270.10 General application reguirements.
§ 270.11 Signatories to permit applications and reports.
§ 270.12 Confidentiality of information.
§ 270.13 Contents of part A of the permit application.
§ 270.14 Contents of part B: General reguirements.
§ 270.15 Specific part B information reguirements for containers.
§ 270.16 Specific part B information reguirements for tank systems.
§ 270.17 Specific part B information reguirements for surface impoundments.
§ 270.18 Specific part B information reguirements for waste piles.
§ 270.19 Specific part B information reguirements for incinerators.
§ 270.20 Specific part B information reguirements for land treatment facilities.
§ 270.21 Specific part B information reguirements for landfills.
§ 270.22 Specific part B information reguirements for boilers and industrial furnaces burning hazardous
waste.
§ 270.23 Specific part B information reguirements for miscellaneous units.
§ 270.24 Specific part B information reguirements for process vents.
§ 270.25 Specific part B information reguirements for eguipment.
§ 270.26 Special part B information reguirements for drip pads.
§ 270.27 Specific Part B information reguirements for air emission controls for tanks, surface
impoundments, and containers.
§ 270.28 Part B information reguirements for post-closure permits.
§270.29 Permit denial.
Subpart C—Permit Conditions
§ 270.30 Conditions applicable to all permits.
§ 270.31 Reguirements for recording and reporting of monitoring results.
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§ 270.32 Establishing permit conditions.
§270.33 Schedules of compliance.
Subpart D—Changes to Permit
§ 270.40 Transfer of permits.
§ 270.41 Modification or revocation and reissuance of permits.
§ 270.42 Permit modification at the request of the permittee.
§ 270.43 Termination of permits.
Subpart E—Expiration and Continuation of Permits
§ 270.50 Duration of permits.
§ 270.51 Continuation of expiring permits.
Subpart F—Special Forms of Permits
§ 270.60 Permits by rule.
§ 270.61 Emergency permits.
§ 270.62 Hazardous waste incinerator permits.
§ 270.63 Permits for land treatment demonstrations using field test or laboratory analyses.
§ 270.64 Interim permits for DIG wells.
§ 270.65 Research, development, and demonstration permits.
§ 270.66 Permits for boilers and industrial furnaces burning hazardous waste.
§ 270.67 RCRA standardized permits for storage and treatment units.
§ 270.68 Remedial Action Plans (RAPs).
Subpart G—Interim Status
§ 270.70 Qualifying for interim status.
§ 270.71 Operation during interim status.
§ 270.72 Changes during interim status.
§ 270.73 Termination of interim status.
Subpart H—Remedial Action Plans (RAPs)
§ 270.79 Why is this subpart written in a special format?
General Information
§270.80 What is a RAP?
§ 270.85 When do I need a RAP?
§ 270.90 Does my RAP grant me any rights or relieve me of any obligations?
Applying fora RAP
§ 270.95 How do I apply for a RAP?
§270.100 Who must obtain a RAP?
§ 270.105 Who must sign the application and any required reports for a RAP?
§ 270.110 What must I include in my application fora RAP?
§270.115 What if I want to keep this information confidential?
§ 270.120 To whom must I submit my RAP application?
§ 270.125 If I submit my RAP application as part of another document, what must I do?
Getting a RAP Approved
§ 270.130 What is the process for approving or denying my application for a RAP?
§ 270.135 What must the Director include in a draft RAP?
§ 270.140 What else must the Director prepare in addition to the draft RAP or notice of intent to deny?
§ 270.145 What are the procedures for public comment on the draft RAP or notice of intent to deny?
§ 270.150 How will the Director make a final decision on my RAP application?
§ 270.155 May the decision to approve or deny my RAP application be administratively appealed?
§ 270.160 When does my RAP become effective?
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§ 270.165 When may I begin physical construction of new units permitted under the RAP?
How May My RAP Be Modified. Revoked and Reissued, or Terminated?
§ 270.170 After my RAP is issued, how may it be modified, revoked and reissued, or terminated?
§ 270.175 For what reasons may the Director choose to modify my final RAP?
§ 270.180 For what reasons may the Director choose to revoke and reissue my final RAP?
§ 270.185 For what reasons may the Director choose to terminate my final RAP, or deny my renewal
application?
§ 270.190 May the decision to approve or deny a modification, revocation and reissuance, or termination
of my RAP be administratively appealed?
§270.195 When will my RAP expire?
§ 270.200 How may I renew my RAP if it is expiring?
§ 270.205 What happens if I have applied correctly for a RAP renewal but have not received approval by
the time my old RAP expires?
Operating Under Your RAP
§ 270.210 What records must I maintain concerning my RAP?
§ 270.215 How are time periods in the requirements in this subpart and my RAP computed?
§ 270.220 How may I transfer my RAP to a new owner or operator?
§ 270.225 What must the State or EPA Region report about noncompliance with RAPs?
Obtaining a RAP for an Off-Site Location
§ 270.230 May I perform remediation waste management activities under a RAP at a location removed
from the area where the remediation wastes originated?
Subpart I—Integration with Maximum Achievable Control Technology (MACT) Standards
§ 270.235 Options for incinerators, cement kilns, lightweight aggregate kilns, solid fuel boilers, liguid fuel
boilers and hydrochloric acid production furnaces to minimize emissions from startup, shutdown, and
malfunction events.
Subpart J—RCRA Standardized Permits for Storage and Treatment Units
General Information About Standardized Permits
§ 270.250 What is a RCRA standardized permit?
§ 270.255 Who is eligible for a standardized permit?
§ 270.260 What reguirements of part 270 apply to a standardized permit?
Applying fora Standardized Permit
§ 270.270 How do I apply for a standardized permit?
§ 270.275 What information must I submit to the permitting agency to support my standardized permit
application?
§ 270.280 What are the certification reguirements?
Information That Must Be Kept at Your Facility
§ 270.290 What general types of information must I keep at my facility?
§ 270.300 What container information must I keep at my facility?
§ 270.305 What tank information must I keep at my facility?
§ 270.310 What eguipment information must I keep at my facility?
§ 270.315 What air emissions control information must I keep at my facility?
Modifying a Standardized Permit
§ 270.320 How do I modify my RCRA standardized permit?
Part 124 - for
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Subpart A—General Program Requirements
§ 124.1 Purpose and scope.
§ 124.2 Definitions.
§ 124.3 Application for a permit.
§ 124.4 Consolidation of permit processing.
§ 124.5 Modification, revocation and reissuance, or termination of permits.
§124.6 Draft permits.
§ 124.7 Statement of basis.
§124.8 Fact sheet.
§ 124.9 Administrative record for draft permits when EPA is the permitting authority.
§ 124.10 Public notice of permit actions and public comment period.
§ 124.11 Public comments and requests for public hearings.
§124.12 Public hearings.
§ 124.13 Obligation to raise issues and provide information during the public comment period.
§ 124.14 Reopening of the public comment period.
§ 124.15 Issuance and effective date of permit.
§ 124.16 Stays of contested permit conditions.
§ 124.17 Response to comments.
§ 124.18 Administrative record for final permit when EPA is the permitting authority.
§ 124.19 Appeal of RCRA, UIC, NPDES, and PSD Permits.
§ 124.20 Computation of time.
§ 124.21 Effective date of part 124.
Subpart B—Specific Procedures Applicable to RCRA Permits
§ 124.31 Pre-application public meeting and notice.
§ 124.32 Public notice reguirements at the application stage.
§ 124.33 Information repository.
Subpart C—Specific Procedures Applicable to PSD Permits
§ 124.41 Definitions applicable to PSD permits.
§ 124.42 Additional procedures for PSD permits affecting Class I areas.
Subpart D—Specific Procedures Applicable to NPDES Permits
§ 124.51 Purpose and scope.
§ 124.52 Permits reguired on a case-by-case basis.
§ 124.53 State certification.
§ 124.54 Special provisions for State certification and concurrence on applications for section 301 (h)
variances.
§ 124.55 Effect of State certification.
§124.56 Fact sheets.
§124.57 Public notice.
§ 124.58 [Reserved!
§ 124.59 Conditions reguested by the Corps of Engineers and other government agencies.
§ 124.60 Issuance and effective date and stays of NPDES permits.
§ 124.61 Final environmental impact statement.
§124.62 Decision on variances.
§ 124.63 Procedures for variances when EPA is the permitting authority.
§ 124.64 Appeals of variances.
§ 124.65 [Reserved!
§ 124.66 Special procedures for decisions on thermal variances under section 316(a).
Subparts E—F [Reserved]
Subpart G—Procedures for RCRA Standardized Permit
General Information About Standardized Permits
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§ 124.200 What is a RCRA standardized permit?
§ 124.201 Who is eligible for a standardized permit?
Applying fora Standardized Permit
§ 124.202 How do I as a facility owner or operator apply for a standardized permit?
§ 124.203 How may I switch from my individual RCRA permit to a standardized permit?
Issuing a Standardized Permit
§ 124.204 What must I do as the Director of the regulatory agency to prepare a draft standardized
permit?
§ 124.205 What must I do as the Director of the regulatory agency to prepare a final standardized
permit?
§ 124.206 In what situations may I require a facility owner or operator to apply for an individual permit?
Opportunities for Public Involvement in the Standardized Permit Process
§ 124.207 What are the requirements for public notices?
§ 124.208 What are the opportunities for public comments and hearings on draft permit decisions?
§ 124.209 What are the requirements for responding to comments?
§ 124.210 May I, as an interested party in the permit process, appeal a final standardized permit?
Maintaining a Standardized Permit
§ 124.211 What types of changes may I make to my standardized permit?
§ 124.212 What procedures must I follow to make routine changes?
§ 124.213 What procedures must I follow to make routine changes with prior approval?
§ 124.214 What procedures must I follow to make significant changes?
AiHif'ii'h'Nx '''•"• !vMt ;.i<4 Rcsii UMuvrH, H;"!H"js (so?pp, 1.8MB) - Standards for Owners and
Operators of Hazardous Waste Treatment, Storage and Disposal Facilities
AiHif'ii'h'Nx iy !vMt ;.K- Rcsii UMuvrH, H;"!H"js (229pp, 1.4MB) - Interim Status Standards for
Owners and Operators of Hazardous Waste Treatment, Storage and Disposal Facilities
AmMimitx1 C Pjri .?66 !';•;;< M I. H Mm/. iS'lMFi (-142 pp. 2,2MB) - Standards for the
Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste
Management Facilities
Aj:."'pf
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Appendix A: Part 2 64
Regulations
Standards for Owners and Operators of Hazardous
Waste Treatment, Storage and Disposal Facilities
6/8/2011
US EPA
Version 1
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of
Part 264 Regulations - Standards for Owners and Operators of Hazardous Waste Treatment, Storage
and Disposal Facilities 1
Subpart A—General 1
Subpart B—General Facility Standards 5
Subpart C—Preparedness and Prevention 14
Subpart D—Contingency Plan and Emergency Procedures 16
Subpart E—Manifest System, Recordkeeping, and Reporting 19
Subpart F—Releases From Solid Waste Management Units 26
Subpart G—Closure and Post-Closure 40
Subpart H—Financial Requirements 50
Subpart I—Use and Management of Containers 121
Subpart J—Tank Systems 124
Subpart K—Surface Impoundments 137
Subpart L—Waste Piles 145
Subpart M—Land Treatment 151
Subpart N—Landfills 159
Subpart O—Incinerators 168
Subparts P-R [Reserved] 173
Subpart S—Special Provisions for Cleanup 173
Subparts T-V [Reserved] 187
Subpart W—Drip Pads 187
Subpart X—Miscellaneous Units 192
Subparts Y-Z [Reserved] 194
Subpart AA—Air Emission Standards for Process Vents 194
Subpart BB—Air Emission Standards for Equipment Leaks 212
Subpart CC—Air Emission Standards for Tanks, Surface Impoundments, and Containers 225
Subpart DD—Containment Buildings 272
Subpart EE—Hazardous Waste Munitions and Explosives Storage 276
Appendix I to Part 264—Recordkeeping Instructions 278
Appendixes ll-lll to Part 264 [Reserved] 284
Appendix IV to Part 264—Cochran's Approximation to the Behrens-Fisher Students' t-test 284
Appendix V to Part 264—Examples of Potentially Incompatible Waste 286
Appendix VI to Part 264—Political Jurisdictions1 in Which Compliance With §264.18(a) Must Be
Demonstrated 290
Appendixes VII-VIII to Part 264 [Reserved] 293
Appendix IX to Part 264—Ground-Water Monitoring List 293
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Part 264 Regulations - Standards for Owners and Operators of
Hazardous Waste Treatment, Storage and Disposal Facilities
Authority: 42 U.S.C. 6905, 6912(a), 6924, and 6925.
Source: 45 FR 33221, May 19, 1980, unless otherwise noted.
Subpart A—General
§ 264.1 Purpose, scope and applicability.
(a) The purpose of this part is to establish minimum national standards which define the acceptable management of
hazardous waste.
(b) The standards in this part apply to owners and operators of all facilities which treat, store, or dispose of hazardous
waste, except as specifically provided otherwise in this part or part 261 of this chapter.
(c) The requirements of this part apply to a person disposing of hazardous waste by means of ocean disposal subject
to a permit issued under the Marine Protection, Research, and Sanctuaries Act only to the extent they are included in
a RCRA permit by rule granted to such a person under part 270 of this chapter.
[ Comment: These part 264 regulations do apply to the treatment or storage of hazardous waste before it
is loaded onto an ocean vessel for incineration or disposal at sea.]
(d) The requirements of this part apply to a person disposing of hazardous waste by means of underground injection
subject to a permit issued under an Underground Injection Control (UIC) program approved or promulgated under the
Safe Drinking Water Act only to the extent they are required by §144.14 of this chapter.
[ Comment: These part 264 regulations do apply to the above-ground treatment or storage of hazardous
waste before it is injected underground.]
(e) The requirements of this part apply to the owner or operator of a POTW which treats, stores, or disposes of
hazardous waste only to the extent they are included in a RCRA permit by rule granted to such a person under part
270 of this chapter.
(f) The requirements of this part do not apply to a person who treats, stores, or disposes of hazardous waste in a
State with a RCRA hazardous waste program authorized under subpart A of part 271 of this chapter, or in a State
authorized under subpart B of part 271 of this chapter for the component or components of Phase II interim
authorization which correspond to the person's treatment, storage or disposal processes; except that this part will
apply:
(1) As stated in paragraph (d) of this section, if the authorized State RCRA program does not cover disposal of
hazardous waste by means of underground injection; and
(2) To a person who treats, stores or disposes of hazardous waste in a State authorized under subpart A of part 271
of this chapter, at a facility which was not covered by standards under this part when the State obtained authorization,
and for which EPA promulgates standards under this part after the State is authorized. This paragraph will only apply
until the State is authorized to permit such facilities under subpart A of part 271 of this chapter.
(3) To a person who treats, stores, or disposes of hazardous waste in a State which is authorized under subpart A or
B of part 271 of this chapter if the State has not been authorized to carry out the requirements and prohibitions
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applicable to the treatment, storage, or disposal of hazardous waste at his facility which are imposed pursuant to the
Hazardous and Solid Waste Amendments of 1984. The requirements and prohibitions that are applicable until a State
receives authorization to carry them out include all Federal program requirements identified in §271.1(j).
(g) The requirements of this part do not apply to:
(1) The owner or operator of a facility permitted, licensed, or registered by a State to manage municipal or industrial
solid waste, if the only hazardous waste the facility treats, stores, or disposes of is excluded from regulation under
this part by §261.5 of this chapter;
(2) The owner or operator of a facility managing recyclable materials described in §261.6 (a)(2), (3), and (4) of this
chapter (except to the extent they are referred to in part 279 or subparts C, F, G, or H of part 266 of this chapter).
(3) A generator accumulating waste on-site in compliance with §262.34 of this chapter;
(4) A farmer disposing of waste pesticides from his own use in compliance with §262.70 of this chapter; or
(5) The owner or operator of a totally enclosed treatment facility, as defined in §260.10.
(6) The owner or operator of an elementary neutralization unit or a wastewater treatment unit as defined in §260.10 of
this chapter, provided that if the owner or operator is diluting hazardous ignitable (D001) wastes (other than the D001
High TOC Subcategory defined in §268.40 of this chapter, Table Treatment Standards for Hazardous Wastes), or
reactive (D003) waste, to remove the characteristic before land disposal, the owner/operator must comply with the
requirements set out in §264.17(b).
(7) [Reserved]
(8)(i) Except as provided in paragraph (g)(8)(ii) of this section, a person engaged in treatment or containment
activities during immediate response to any of the following situations:
(A) A discharge of a hazardous waste;
(B) An imminent and substantial threat of a discharge of hazardous waste;
(C) A discharge of a material which, when discharged, becomes a hazardous waste.
(D) An immediate threat to human health, public safety, property, or the environment, from the known or suspected
presence of military munitions, other explosive material, or an explosive device, as determined by an explosive or
munitions emergency response specialist as defined in 40 CFR 260.10.
(ii) An owner or operator of a facility otherwise regulated by this part must comply with all applicable requirements of
subparts C and D.
(iii) Any person who is covered by paragraph (g)(8)(i) of this section and who continues or initiates hazardous waste
treatment or containment activities after the immediate response is over is subject to all applicable requirements of
this part and parts 122 through 124 of this chapter for those activities.
(iv) In the case of an explosives or munitions emergency response, if a Federal, State, Tribal or local official acting
within the scope of his or her official responsibilities, or an explosives or munitions emergency response specialist,
determines that immediate removal of the material or waste is necessary to protect human health or the environment,
that official or specialist may authorize the removal of the material or waste by transporters who do not have EPA
identification numbers and without the preparation of a manifest. In the case of emergencies involving military
munitions, the responding military emergency response specialist's organizational unit must retain records for three
years identifying the dates of the response, the responsible persons responding, the type and description of material
addressed, and its disposition.
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(9) A transporter storing manifested shipments of hazardous waste in containers meeting the requirements of 40 CFR
262.30 at a transfer facility for a period of ten days or less.
(10) The addition of absorbent material to waste in a container (as defined in §260.10 of this chapter) or the addition
of waste to absorbent material in a container, provided that these actions occur at the time waste is first placed in the
container; and §§264.17(b), 264.171, and 264.172 are complied with.
(11) Universal waste handlers and universal waste transporters (as defined in 40 CFR 260.10) handling the wastes
listed below. These handlers are subject to regulation under 40 CFR part 273, when handling the below listed
universal wastes.
(i) Batteries as described in 40 CFR 273.2;
(ii) Pesticides as described in §273.3 of this chapter;
(iii) Mercury-containing equipment as described in §273.4 of this chapter; and
(iv) Lamps as described in §273.5 of this chapter.
(12) A New York State Utility central collection facility consolidating hazardous waste in accordance with 40 CFR
262.90.
(h) The requirements of this part apply to owners or operators of all facilities which treat, store, or dispose of
hazardous wastes referred to in part 268.
(i) Section 266.205 of this chapter identifies when the requirements of this part apply to the storage of military
munitions classified as solid waste under §266.202 of this chapter. The treatment and disposal of hazardous waste
military munitions are subject to the applicable permitting, procedural, and technical standards in 40 CFR parts 260
through 270.
(j) The requirements of subparts B, C, and D of this part and §264.101 do not apply to remediation waste
management sites. (However, some remediation waste management sites may be a part of a facility that is subject to
a traditional RCRA permit because the facility is also treating, storing or disposing of hazardous wastes that are not
remediation wastes. In these cases, Subparts B, C, and D of this part, and §264.101 do apply to the facility subject to
the traditional RCRA permit.) Instead of the requirements of subparts B, C, and D of this part, owners or operators of
remediation waste management sites must:
(1) Obtain an EPA identification number by applying to the Administrator using EPA Form 8700-12;
(2) Obtain a detailed chemical and physical analysis of a representative sample of the hazardous remediation wastes
to be managed at the site. At a minimum, the analysis must contain all of the information which must be known to
treat, store or dispose of the waste according to this part and part 268 of this chapter, and must be kept accurate and
up to date;
(3) Prevent people who are unaware of the danger from entering, and minimize the possibility for unauthorized
people or livestock to enter onto the active portion of the remediation waste management site, unless the owner or
operator can demonstrate to the Director that:
(i) Physical contact with the waste, structures, or equipment within the active portion of the remediation waste
management site will not injure people or livestock who may enter the active portion of the remediation waste
management site; and
(ii) Disturbance of the waste or equipment by people or livestock who enter onto the active portion of the remediation
waste management site, will not cause a violation of the requirements of this part;
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(4) Inspect the remediation waste management site for malfunctions, deterioration, operator errors, and discharges
that may be causing, or may lead to, a release of hazardous waste constituents to the environment, or a threat to
human health. The owner or operator must conduct these inspections often enough to identify problems in time to
correct them before they harm human health or the environment, and must remedy the problem before it leads to a
human health or environmental hazard. Where a hazard is imminent or has already occurred, the owner/operator
must take remedial action immediately;
(5) Provide personnel with classroom or on-the-job training on how to perform their duties in a way that ensures the
remediation waste management site complies with the requirements of this part, and on how to respond effectively to
emergencies;
(6) Take precautions to prevent accidental ignition or reaction of ignitable or reactive waste, and prevent threats to
human health and the environment from ignitable, reactive and incompatible waste;
(7) For remediation waste management sites subject to regulation under subparts I through O and subpart X of this
part, the owner/operator must design, construct, operate, and maintain a unit within a 100-year floodplain to prevent
washout of any hazardous waste by a 100-year flood, unless the owner/operator can meet the demonstration of
§264.18(b);
(8) Not place any non-containerized or bulk liquid hazardous waste in any salt dome formation, salt bed formation,
underground mine or cave;
(9) Develop and maintain a construction quality assurance program for all surface impoundments, waste piles and
landfill units that are required to comply with §§264.221 (c) and (d), 264.251 (c) and (d), and 264.301 (c) and (d) at the
remediation waste management site, according to the requirements of §264.19;
(10) Develop and maintain procedures to prevent accidents and a contingency and emergency plan to control
accidents that occur. These procedures must address proper design, construction, maintenance, and operation of
remediation waste management units at the site. The goal of the plan must be to minimize the possibility of, and the
hazards from a fire, explosion, or any unplanned sudden or non-sudden release of hazardous waste or hazardous
waste constituents to air, soil, or surface water that could threaten human health or the environment. The plan must
explain specifically how to treat, store and dispose of the hazardous remediation waste in question, and must be
implemented immediately whenever a fire, explosion, or release of hazardous waste or hazardous waste constituents
which could threaten human health or the environment;
(11) Designate at least one employee, either on the facility premises or on call (that is, available to respond to an
emergency by reaching the facility quickly), to coordinate 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;
(12) Develop, maintain and implement a plan to meet the requirements in paragraphs G)(2) through G)(6) and (j)(9)
through (j)(10) of this section; and
(13) Maintain records documenting compliance with paragraphs (j)(1) through (j)(12) of this section.
[45 FR 33221, May 19, 1980]
Editorial Note: For Federal Register citations affecting §264.1, see the List of CFR Sections Affected, which
appears in the Finding Aids section of the printed volume and atwww.fdsys.gov.
§264.2 [Reserved]
§ 264.3 Relationship to interim status standards.
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A facility owner or operator who has fully complied with the requirements for interim status—as defined in section
3005(e) of RCRA and regulations under §270.70 of this chapter—must comply with the regulations specified in part
265 of this chapter in lieu of the regulations in this part, until final administrative disposition of his permit application is
made, except as provided under 40 CFR part 264 subpart S.
[ Comment: As stated in section 3005(a) of RCRA, after the effective date of regulations under that
section, i.e., parts 270 and 124 of this chapter, the treatment, storage, or disposal of hazardous waste is
prohibited except in accordance with a permit. Section 3005(e) of RCRA provides for the continued
operation of an existing facility which meets certain conditions until final administrative disposition of the
owner's or operator's permit application is made.]
[45 FR 33221, May 19, 1980, as amended at 48 FR 14294, Apr. 1, 1983; 58 FR 8683, Feb. 16, 1993]
§ 264.4 Imminent hazard action.
Notwithstanding any other provisions of these regulations, enforcement actions may be brought pursuant to section
7003 of RCRA.
[45 FR 33221, May 19, 1980, as amended at 71 FR 40272, July 14, 2006]
§264.10 Applicability.
(a) The regulations in this subpart apply to owners and operators of all hazardous waste facilities, except as provided
in §264.1 and in paragraph (b) of this section.
(b) Section 264.18(b) applies only to facilities subject to regulation under subparts I through O and subpart X of this
part.
[46 FR 2848, Jan. 12, 1981, as amended at 52 FR 46963, Dec. 10, 1987]
§264.11 Identification number.
Every facility owner or operator must apply to EPA for an EPA identification number in accordance with the EPA
notification procedures (45 FR 12746).
[45 FR 33221, May 19, 1980, as amended at 50 FR 4514, Jan. 31, 1985]
§264.12 Required notices.
(a)(1) The owner or operator of a facility that has arranged to receive hazardous waste from a foreign source must
notify the Regional Administrator in writing at least four weeks in advance of the date the waste is expected to arrive
at the facility. Notice of subsequent shipments of the same waste from the same foreign source is not required.
(2) The owner or operator of a recovery facility that has arranged to receive hazardous waste subject to 40 CFR part
262, subpart H must provide a copy of the movement document bearing all required signatures to the foreign
exporter; to the Office of Enforcement and Compliance Assurance, Office of Federal Activities, International
Compliance Assurance Division (2254A), Environmental Protection Agency, 1200 Pennsylvania Avenue, NW.,
Washington, DC 20460; and to the competent authorities of all other countries concerned within three (3) working
days of receipt of the shipment. The original of the signed movement document must be maintained at the facility for
at least three (3) years. In addition, such owner or operator shall, as soon as possible, but no later than thirty (30)
days after the completion of recovery and no later than one (1) calendar year following the receipt of the hazardous
waste, send a certificate of recovery to the foreign exporter and to the competent authority of the country of export
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and to EPA's Office of Enforcement and Compliance Assurance at the above address by mail, e-mail without a digital
signature followed by mail, or fax followed by mail.
(b) The owner or operator of a facility that receives hazardous waste from an off-site source (except where the owner
or operator is also the generator) must inform the generator in writing that he has the appropriate permit(s) for, and
will accept, the waste the generator is shipping. The owner or operator must keep a copy of this written notice as part
of the operating record.
(c) Before transferring ownership or operation of a facility during its operating life, or of a disposal facility during the
post-closure care period, the owner or operator must notify the new owner or operator in writing of the requirements
of this part and part 270 of this chapter.
[ Comment: An owner's or operator's failure to notify the new owner or operator of the requirements of this
part in no way relieves the new owner or operator of his obligation to comply with all applicable
requirements.]
[45 FR 33221, May 19, 1980, as amended at 48 FR 14294, Apr. 1, 1983; 50 FR 4514, Jan. 31, 1985; 61 FR 16315,
Apr. 12, 1996; 75 FR 1260, Jan. 8, 2010]
§264.13 General waste analysis.
(a)(1) Before an owner or operator treats, stores, or disposes of any hazardous wastes, or nonhazardous wastes if
applicable under §264.113(d), he must obtain a detailed chemical and physical analysis of a representative sample of
the wastes. At a minimum, the analysis must contain all the information which must be known to treat, store, or
dispose of the waste in accordance with this part and part 268 of this chapter.
(2) The analysis may include data developed under part 261 of this chapter, and existing published or documented
data on the hazardous waste or on hazardous waste generated from similar processes.
[ 1: For example, the facility's records of analyses performed on the waste before the effective date of
these regulations, or studies conducted on hazardous waste generated from processes similar to that
which generated the waste to be managed at the facility, may be included in the data base required to
comply with paragraph (a)(1) of this section. The owner or operator of an off-site facility may arrange for
the generator of the hazardous waste to supply part of the information required by paragraph (a)(1) of this
section, except as otherwise specified in 40 CFR 268.7 (b) and (c). If the generator does not supply the
information, and the owner or operator chooses to accept a hazardous waste, the owner or operator is
responsible for obtaining the information required to comply with this section.]
(3) The analysis must be repeated as necessary to ensure that it is accurate and up to date. At a minimum, the
analysis must be repeated:
(i) When the owner or operator is notified, or has reason to believe, that the process or operation generating the
hazardous wastes, or non-hazardous wastes if applicable under §264.113(d), has changed; and
(ii) For off-site facilities, when the results of the inspection required in paragraph (a)(4) of this section indicate that the
hazardous waste received at the facility does not match the waste designated on the accompanying manifest or
shipping paper.
(4) The owner or operator of an off-site facility must inspect and, if necessary, analyze each hazardous waste
movement received at the facility to determine whether it matches the identity of the waste specified on the
accompanying manifest or shipping paper.
(b) The owner or operator must develop and follow a written waste analysis plan which describes the procedures
which he will carry out to comply with paragraph (a) of this section. He must keep this plan at the facility. At a
minimum, the plan must specify:
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(1)The parameters for which each hazardous waste, or non-hazardous waste if applicable under §264.113(d), will be
analyzed and the rationale for the selection of these parameters (i.e., how analysis for these parameters will provide
sufficient information on the waste's properties to comply with paragraph (a) of this section);
(2) The test methods which will be used to test for these parameters;
(3) The sampling method which will be used to obtain a representative sample of the waste to be analyzed. A
representative sample may be obtained using either:
(i) One of the sampling methods described in appendix I of part 261 of this chapter; or
(ii)An equivalent sampling method.
[ Comment: See §260.21 of this chapter for related discussion.]
(4) The frequency with which the initial analysis of the waste will be reviewed or repeated to ensure that the analysis
is accurate and up to date; and
(5) For off-site facilities, the waste analyses that hazardous waste generators have agreed to supply.
(6) Where applicable, the methods that will be used to meet the additional waste analysis requirements for specific
waste management methods as specified in §§264.17, 264.314, 264.341, 264.1034(d), 264.1063(d), 264.1083, and
268.7 of this chapter.
(7) For surface impoundments exempted from land disposal restrictions under §268.4(a), the procedures and
schedules for:
(i) The sampling of impoundment contents;
(ii) The analysis of test data; and,
(iii) The annual removal of residues which are not delisted under §260.22 of this chapter or which exhibit a
characteristic of hazardous waste and either:
(A) Do not meet applicable treatment standards of part 268, subpart D; or
(B) Where no treatment standards have been established:
( 1 ) Such residues are prohibited from land disposal under §268.32 or RCRA section 3004(d); or
( 2 ) Such residues are prohibited from land disposal under §268.33(f).
(8) For owners and operators seeking an exemption to the air emission standards of subpart CC in accordance with
§264.1082—
(i) If direct measurement is used for the waste determination, the procedures and schedules for waste sampling and
analysis, and the results of the analysis of test data to verify the exemption.
(ii) If knowledge of the waste is used for the waste determination, any information prepared by the facility owner or
operator or by the generator of the hazardous waste, if the waste is received from off-site, that is used as the basis
for knowledge of the waste.
(c) For off-site facilities, the waste analysis plan required in paragraph (b) of this section must also specify the
procedures which will be used to in-spect and, if necessary, analyze each movement of hazardous waste received at
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the facility to ensure that it matches the identity of the waste designated on the accompanying manifest or shipping
paper. At a minimum, the plan must describe:
(1) The procedures which will be used to determine the identity of each movement of waste managed at the facility;
and
(2) The sampling method which will be used to obtain a representative sample of the waste to be identified, if the
identification method includes sampling.
(3) The procedures that the owner or operator of an off-site landfill receiving containerized hazardous waste will use
to determine whether a hazardous waste generator or treater has added a biodegradable sorbent to the waste in the
container.
[ Comment: Part 270 of this chapter requires that the waste analysis plan be submitted with part B of the
permit application.]
[45 FR 33221, May 19, 1980, as amended at 46 FR 2848, Jan. 12, 1981; 50 FR 4514, Jan. 31, 1985; 51 FR 40637,
Nov. 7, 1986; 53 FR 31211, Aug. 17, 1988; 54 FR 33394, Aug. 14, 1989; 55 FR 22685, June 1, 1990; 55 FR 25494,
June 21, 1990; 57 FR 8088, Mar. 6, 1992; 57 FR 54460, Nov. 18, 1992; 59 FR 62926, Dec. 6, 1994; 61 FR4911,
Feb. 9, 1996; 71 FR 40272, July 14, 2006]
§ 264.14 Security.
(a) The owner or operator must prevent the unknowing entry, and minimize the possibility for the unauthorized entry,
of persons or livestock onto the active portion of his facility, unless he can demonstrate to the Regional Administrator
that:
(1) Physical contact with the waste, structures, or equipment within the active portion of the facility will not injure
unknowing or unauthorized persons or livestock which may enter the active portion of a facility; and
(2) Disturbance of the waste or equipment, by the unknowing or unauthorized entry of persons or livestock onto the
active portion of a facility, will not cause a violation of the requirements of this part.
[ Comment: Part 270 of this chapter requires that an owner or operator who wishes to make the
demonstration referred to above must do so with part B of the permit application.]
(b) Unless the owner or operator has made a successful demonstration under paragraphs (a) (1) and (2) of this
section, a facility must have:
(1) A 24-hour surveillance system (e.g., television monitoring or surveillance by guards or facility personnel) which
continuously monitors and controls entry onto the active portion of the facility; or
(2)(i) An artificial or natural barrier (e.g., a fence in good repair or a fence combined with a cliff), which completely
surrounds the active portion of the facility; and
(ii) A means to control entry, at all times, through the gates or other entrances to the active portion of the facility (e.g.,
an attendant, television monitors, locked entrance, or controlled roadway access to the facility).
[ Comment: The requirements of paragraph (b) of this section are satisfied if the facility or plant within
which the active portion is located itself has a surveillance system, or a barrier and a means to control
entry, which complies with the requirements of paragraph (b) (1) or (2) of this section.]
(c) Unless the owner or operator has made a successful demonstration under paragraphs (a) (1) and (2) of this
section, a sign with the legend, "Danger—Unauthorized Personnel Keep Out", must be posted at each entrance to
the active portion of a facility, and at other locations, in sufficient numbers to be seen from any approach to this active
portion. The legend must be written in English and in any other language predominant in the area surrounding the
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facility (e.g., facilities in counties bordering the Canadian province of Quebec must post signs in French; facilities in
counties bordering Mexico must post signs in Spanish), and must be legible from a distance of at least 25 feet.
Existing signs with a legend other than "Danger—Unauthorized Personnel Keep Out" may be used if the legend on
the sign indicates that only authorized personnel are allowed to enter the active portion, and that entry onto the active
portion can be dangerous.
[ Comment: See §264.117(b) for discussion of security requirements at disposal facilities during the post-
closure care period.]
[45 FR 33221, May 19, 1980, as amended at 46 FR 2848, Jan. 12, 1981; 48 FR 14294, Apr. 1, 1983; 50 FR 4514,
Jan. 31, 1985]
§ 264.15 General inspection requirements.
(a) The owner or operator must inspect his facility for malfunctions and deterioration, operator errors, and discharges
which may be causing—or may lead to—(1) release of hazardous waste constituents to the environment or (2) a
threat to human health. The owner or operator must conduct these inspections often enough to identify problems in
time to correct them before they harm human health or the environment.
(b)(1) The owner or operator must develop and follow a written schedule for inspecting monitoring equipment, safety
and emergency equipment, security devices, and operating and structural equipment (such as dikes and sump
pumps) that are important to preventing, detecting, or responding to environmental or human health hazards.
(2) He must keep this schedule at the facility.
(3) The schedule must identify the types of problems (e.g., malfunctions or deterioration) which are to be looked for
during the inspection (e.g., inoperative sump pump, leaking fitting, eroding dike, etc.).
(4) The frequency of inspection may vary for the items on the schedule. However, the frequency should be based on
the rate of deterioration of the equipment and the probability of an environmental or human health incident if the
deterioration, malfunction, or operator error goes undetected between inspections. Areas subject to spills, such as
loading and unloading areas, must be inspected daily when in use, except for Performance Track member facilities,
that must inspect at least once each month, upon approval by the Director, as described in paragraph (b)(5) of this
section. At a minimum, the inspection schedule must include the items and frequencies called for in §§264.174,
264.193, 264.195, 264.226, 264.254, 264.278, 264.303, 264.347, 264.602, 264.1033, 264.1052, 264.1053, 264.1058,
and 264.1083 through 264.1089 of this part, where applicable.
[ Comment: Part 270 of this chapter requires the inspection schedule to be submitted with part B of the
permit application. EPA will evaluate the schedule along with the rest of the application to ensure that it
adequately protects human health and the environment. As part of this review, EPA may modify or amend
the schedule as may be necessary.]
(5) Performance Track member facilities that choose to reduce their inspection frequency must:
(i) Submit a request for a Class I permit modification with prior approval to the Director. The modification request must
identify the facility as a member of the National Environmental Performance Track Program and identify the
management units for reduced inspections and the proposed frequency of inspections. The modification request must
also specify, in writing, that the reduced inspection frequency will apply for as long as the facility is a Performance
Track member facility, and that within seven calendar days of ceasing to be a Performance Track member, the facility
will revert to the non-Performance Track inspection frequency. Inspections must be conducted at least once each
month.
(ii) Within 60 days, the Director will notify the Performance Track member facility, in writing, if the request is
approved, denied, or if an extension to the 60-day deadline is needed. This notice must be placed in the facility's
operating record. The Performance Track member facility should consider the application approved if the Director
does not: deny the application; or notify the Performance Track member facility of an extension to the 60-day
deadline. In these situations, the Performance Track member facility must adhere to the revised inspection schedule
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outlined in its request for a Class 1 permit modification and keep a copy of the application in the facility's operating
record.
(iii) Any Performance Track member facility that discontinues their membership or is terminated from the program
must immediately notify the Director of their change in status. The facility must place in its operating record a dated
copy of this notification and revert back to the non-Performance Track inspection frequencies within seven calendar
days.
(c) The owner or operator must remedy any deterioration or malfunction of equipment or structures which the
inspection reveals on a schedule which ensures that the problem does not lead to an environmental or human health
hazard. Where a hazard is imminent or has already occurred, remedial action must be taken immediately.
(d) The owner or operator must record inspections in an inspection log or summary. He must keep these records for
at least three years from the date of inspection. At a minimum, these records must include the date and time of the
inspection, the name of the inspector, a notation of the observations made, and the date and nature of any repairs or
other remedial actions.
[45 FR 33221, May 19, 1980, as amended at 48 FR 14294, Apr. 1, 1983; 50 FR 4514, Jan. 31, 1985; 57 FR 3486,
Jan. 29, 1992; 59 FR 62926, Dec. 6, 1994; 62 FR 64656, Dec. 8, 1997; 71 FR 16903, Apr. 4, 2006]
§ 264.16 Personnel training.
(a)(1) 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.
[ Comment: Part 270 of this chapter requires that owners and operators submit with part B of the RCRA
permit application, an outline of the training program used (or to be used) at the facility and a brief
description of how the training program is designed to meet actual job tasks.]
(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 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.
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(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)(1) 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 employees
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)(1) 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 33221, May 19, 1980, as amended at 46 FR 2848, Jan. 12, 1981; 48 FR 14294, Apr. 1, 1983; 50 FR 4514,
Jan. 31, 1985; 71 FR 16903, Apr. 4, 2006]
§ 264.17 General requirements for ignitable, reactive, or incompatible wastes.
(a) The owner or operator must take precautions to prevent accidental ignition or reaction of ignitable or reactive
waste. This waste must be separated and protected from sources of ignition or reaction including but not limited to:
open flames, smoking, cutting and welding, hot surfaces, frictional heat, sparks (static, electrical, or mechanical),
spontaneous ignition (e.g., from heat-producing chemical reactions), and radiant heat. While ignitable or reactive
waste is being handled, the owner or operator must confine smoking and open flame to specially designated
locations. "No Smoking" signs must be conspicuously placed wherever there is a hazard from ignitable or reactive
waste.
(b) Where specifically required by other sections of this part, the owner or operator of a facility that treats, stores or
disposes ignitable or reactive waste, or mixes incompatible waste or incompatible wastes and other materials, must
take precautions to prevent reactions which:
(1) Generate extreme heat or pressure, fire or explosions, or violent reactions;
(2) Produce uncontrolled toxic mists, fumes, dusts, or gases in sufficient quantities to threaten human health or the
environment;
(3) Produce uncontrolled flammable fumes or gases in sufficient quantities to pose a risk of fire or explosions;
(4) Damage the structural integrity of the device or facility;
(5) Through other like means threaten human health or the environment.
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(c) When required to comply with paragraph (a) or (b) of this section, the owner or operator must document that
compliance. This documentation may be based on references to published scientific or engineering literature, data
from trial tests (e.g., bench scale or pilot scale tests), waste analyses (as specified in §264.13), or the results of the
treatment of similar wastes by similar treatment processes and under similar operating conditions.
[46 FR 2848, Jan. 12, 1981, as amended at 50 FR 4514, Jan. 31, 1985; 71 FR 40272, July 14, 2006]
§264.18 Location standards.
(a) Seismic considerations. (1) Portions of new facilities where treatment, storage, or disposal of hazardous waste
will be conducted must not be located within 61 meters (200 feet) of a fault which has had displacement in Holocene
time.
(2) As used in paragraph (a)(1) of this section:
(i) "Fault" means a fracture along which rocks on one side have been displaced with respect to those on the other
side.
(ii) "Displacement" means the relative movement of any two sides of a fault measured in any direction.
(iii) "Holocene" means the most recent epoch of the Quaternary period, extending from the end of the Pleistocene to
the present.
[ Comment: Procedures for demonstrating compliance with this standard in part B of the permit
application are specified in §270.14(b)(11). Facilities which are located in political jurisdictions other than
those listed in appendix VI of this part, are assumed to be in compliance with this requirement.]
(b) Floodplains. (1) A facility located in a 100-year floodplain must be designed, constructed, operated, and
maintained to prevent washout or any hazardous waste by a 100-year flood, unless the owner or operator can
demonstrate to the Regional Administrator's satisfaction that:
(i) Procedures are in effect which will cause the waste to be removed safely, before flood waters can reach the
facility, to a location where the wastes will not be vulnerable to flood waters; or
(ii) For existing surface impoundments, waste piles, land treatment units, landfills, and miscellaneous units, no
adverse effects on human health or the environment will result if washout occurs, considering:
(A) The volume and physical and chemical characteristics of the waste in the facility;
(B) The concentration of hazardous constituents that would potentially affect surface waters as a result of washout;
(C) The impact of such concentrations on the current or potential uses of and water quality standards established for
the affected surface waters; and
(D) The impact of hazardous constituents on the sediments of affected surface waters or the soils of the 100- year
floodplain that could result from washout.
[ Comment: The location where wastes are moved must be a facility which is either permitted by EPA
under part 270 of this chapter, authorized to manage hazardous waste by a State with a hazardous waste
management program authorized under part 271 of this chapter, or in interim status under parts 270 and
265 of this chapter.]
(2) As used in paragraph (b)(1) of this section:
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(i) "100-year floodplain" means any land area which is subject to a one percent or greater chance of flooding in any
given year from any source.
(ii) "Washout" means the movement of hazardous waste from the active portion of the facility as a result of flooding.
(iii) "100-year flood" means a flood that has a one percent chance of being equalled or exceeded in any given year.
[ Comment: (1) Requirements pertaining to other Federal laws which affect the location and permitting of
facilities are found in §270.3 of this chapter. For details relative to these laws, see EPA's manual for SEA
(special environmental area) requirements for hazardous waste facility permits. Though EPA is
responsible for complying with these requirements, applicants are advised to consider them in planning
the location of a facility to help prevent subsequent project delays.]
(c) Salt dome formations, salt bed formations, underground mines and caves. The placement of any noncontainerized
or bulk liquid hazardous waste in any salt dome formation, salt bed formation, underground mine or cave is
prohibited, except for the Department of Energy Waste Isolation Pilot Project in New Mexico.
[46 FR 2848, Jan. 12, 1981, as amended at 47 FR 32350, July 26, 1982; 48 FR 14294, Apr. 1, 1983; 48 FR 30115,
June 30, 1983; 50 FR 4514, Jan. 31, 1985; 50 FR 28746, July 15, 1985; 52 FR 46963, Dec. 10, 1987; 71 FR 40272,
July 14, 2006]
§ 264.19 Construction quality assurance program.
(a) CQA program. (1) A construction quality assurance (CQA) program is required for all surface impoundment,
waste pile, and landfill units that are required to comply with §§264.221 (c) and (d), 264.251 (c) and (d), and 264.301
(c) and (d). The program must ensure that the constructed unit meets or exceeds all design criteria and specifications
in the permit. The program must be developed and implemented under the direction of a CQA officer who is a
registered professional engineer.
(2) The CQA program must address the following physical components, where applicable:
(i) Foundations;
(ii) Dikes;
(iii) Low-permeability soil liners;
(iv) Geomembranes (flexible membrane liners);
(v) Leachate collection and removal systems and leak detection systems; and
(vi) Final cover systems.
(b) Written CQA plan. The owner or operator of units subject to the CQA program under paragraph (a) of this section
must develop and implement a written CQA plan. The plan must identify steps that will be used to monitor and
document the quality of materials and the condition and manner of their installation. The CQA plan must include:
(1) Identification of applicable units, and a description of how they will be constructed.
(2) Identification of key personnel in the development and implementation of the CQA plan, and CQA officer
qualifications.
(3) A description of inspection and sampling activities for all unit components identified in paragraph (a)(2) of this
section, including observations and tests that will be used before, during, and after construction to ensure that the
construction materials and the installed unit components meet the design specifications. The description must cover:
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Sampling size and locations; frequency of testing; data evaluation procedures; acceptance and rejection criteria for
construction materials; plans for implementing corrective measures; and data or other information to be recorded and
retained in the operating record under §264.73.
(c) Contents of program. (1) The CQA program must include observations, inspections, tests, and measurements
sufficient to ensure:
(i) Structural stability and integrity of all components of the unit identified in paragraph (a)(2) of this section;
(ii) Proper construction of all components of the liners, leachate collection and removal system, leak detection
system, and final cover system, according to permit specifications and good engineering practices, and proper
installation of all components (e.g., pipes) according to design specifications;
(iii) Conformity of all materials used with design and other material specifications under §§264.221, 264.251, and
264.301.
(2) The CQA program shall include test fills for compacted soil liners, using the same compaction methods as in the
full scale unit, to ensure that the liners are constructed to meet the hydraulic conductivity requirements of
§§264.221 (c)(1)(i)(B), 264.251(c)(1)(i)(B), and 264.301(c)(1)(i)(B) in the field. Compliance with the hydraulic
conductivity requirements must be verified by using in-situ testing on the constructed test fill. The Regional
Administrator may accept an alternative demonstration, in lieu of a test fill, where data are sufficient to show that a
constructed soil liner will meet the hydraulic conductivity requirements of §§264.221(c)(1)(i)(B), 264.251(c)(1)(i)(B),
and 264.301 (c)(1)(i)(B) in the field.
(d) Certification. Waste shall not be received in a unit subject to §264.19 until the owner or operator has submitted to
the Regional Administrator by certified mail or hand delivery a certification signed by the CQA officer that the
approved CQA plan has been successfully carried out and that the unit meets the requirements of §§264.221 (c) or
(d), 264.251 (c) or (d), or 264.301 (c) or (d); and the procedure in §270.30(l)(2)(ii) of this chapter has been completed.
Documentation supporting the CQA officer's certification must be furnished to the Regional Administrator upon
request.
[57 FR 3486, Jan. 29, 1992]
Subpart C—Preparedness and Prevention
§ 264.30 Applicability.
The regulations in this subpart apply to owners and operators of all hazardous waste facilities, except as §264.1
provides otherwise.
§ 264.31 Design and operation of facility.
Facilities must be designed, constructed, 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.
§ 264.32 Required equipment.
All facilities must be equipped with the following, unless it can be demonstrated to the Regional Administrator that
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;
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(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.
[ Comment: Part 270 of this chapter requires that an owner or operator who wishes to make the
demonstration referred to above must do so with part B of the permit application.]
[45 FR 33221, May 19, 1980, as amended at 48 FR 14294, Apr. 1, 1983]
§ 264.33 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.
§ 264.34 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 the Regional Administrator has ruled that such a
device is not required under §264.32.
(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 the Regional Administrator has ruled that such a
device is not required under §264.32.
§ 264.35 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 it can be demonstrated to the Regional Administrator that aisle space is not needed for any of these purposes.
[ Comment: Part 270 of this chapter requires that an owner or operator who wishes to make the
demonstration referred to above must do so with part B of the permit application.]
[45 FR 33221, May 19, 1980, as amended at 48 FR 14294, Apr. 1, 1983]
§264.36 [Reserved]
§ 264.37 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 and roads inside the facility, and possible evacuation routes;
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(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.
Subpart D—Contingency Plan and Emergency Procedures
§ 264.50 Applicability.
The regulations in this subpart apply to owners and operators of all hazardous waste facilities, except as §264.1
provides otherwise.
§ 264.51 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 33221, May 19, 1980, as amended at 50 FR 4514, Jan. 31, 1985]
§ 264.52 Content of contingency plan.
(a) The contingency plan must describe the actions facility personnel must take to comply with §§264.51 and 264.56
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.
(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 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 fora 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 §264.37.
(d) The plan must list names, addresses, and phone numbers (office and home) of all persons qualified to act as
emergency coordinator (see §264.55), 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. For new facilities, this information must be supplied to the Regional Administrator
at the time of certification, rather than at the time of permit application.
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(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 33221, May 19, 1980, as amended at 46 FR 27480, May 20, 1981; 50 FR 4514, Jan. 31, 1985; 71 FR 16903,
Apr. 4, 2006; 75 FR 13005, Mar. 18, 2010]
§ 264.53 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.
[ Comment: The contingency plan must be submitted to the Regional Administrator with Part B of the
permit application under part 270, of this chapter and, after modification or approval, will become a
condition of any permit issued.]
[45 FR 33221, May 19, 1980, as amended at 48 FR 30115, June 30, 1983; 50 FR 4514, Jan. 31, 1985]
§ 264.54 Amendment of contingency plan.
The contingency plan must be reviewed, and immediately amended, if necessary, whenever:
(a) The facility permit is 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 33221, May 19, 1980, as amended at 50 FR 4514, Jan. 31, 1985; 53 FR 37935, Sept. 28, 1988]
§ 264.55 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.
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[ Comment: The emergency coordinator's responsibilities are more fully spelled out in §264.56. 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.]
§ 264.56 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 (e.g., the effects of any toxic, irritating, or asphyxiating gases that are generated, or the
effects of any hazardous surface water run-off 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, 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 release
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.
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(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 operator becomes a
generator of hazardous waste and must manage it in accordance with all applicable requirements of parts
262, 263, and 264 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 33221, May 19, 1980, as amended at 50 FR 4514, Jan. 31, 1985; 71 FR 16903, Apr. 4, 2006; 75 FR 13005,
Mar. 18,2010]
Subpart E—Manifest System, Recordkeeping, and Reporting
§ 264.70 Applicability.
(a) The regulations in this subpart apply to owners and operators of both on-site and off-site facilities, except as
§264.1 provides otherwise. Sections 264.71, 264.72, and 264.76 do not apply to owners and operators of on-site
facilities that do not receive any hazardous waste from off-site sources, nor to owners and operators of off-site
facilities with respect to waste military munitions exempted from manifest requirements under 40 CFR 266.203(a).
Section 264.73(b) only applies to permittees who treat, store, or dispose of hazardous wastes on-site where such
wastes were generated.
(b) The revised Manifest form and procedures in 40 CFR 260.10, 261.7, 264.70, 264.71. 264.72, and 264.76, shall
not apply until Septembers, 2006. The Manifest form and procedures in 40 CFR 260.10, 261.7, 264.70, 264.71.
264.72, and 264.76, contained in the 40 CFR, parts 260 to 265, edition revised as of July 1, 2004, shall be applicable
until Septembers, 2006.
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[70 FR 10821, Mar. 4, 2005]
§ 264.71 Use of manifest system.
(a)(1) If a facility receives hazardous waste accompanied by a manifest, the owner, operator or his/her agent must
sign and date the manifest as indicated in paragraph (a)(2) of this section to certify that the hazardous waste covered
by the manifest was received, that the hazardous waste was received except as noted in the discrepancy space of
the manifest, or that the hazardous waste was rejected as noted in the manifest discrepancy space.
(2) If a facility receives a hazardous waste shipment accompanied by a manifest, the owner, operator or his agent
must:
(i) Sign and date, by hand, each copy of the manifest;
(ii) Note any discrepancies (as defined in §264.72(a)) on each copy of the manifest;
(iii) Immediately give the transporter at least one copy of the manifest;
(iv) Within 30 days of delivery, send a copy of the manifest to the generator; and
(v) Retain at the facility a copy of each manifest for at least three years from the date of delivery.
(3) If a facility receives hazardous waste imported from a foreign source, the receiving facility must mail a copy of the
manifest and documentation confirming EPA's consent to the import of hazardous waste to the following address
within thirty (30) days of delivery: Office of Enforcement and Compliance Assurance, Office of Federal Activities,
International Compliance Assurance Division (2254A), Environmental Protection Agency, 1200 Pennsylvania Avenue,
NW., Washington, DC 20460.
(b) If a facility receives, from a rail or water (bulk shipment) transporter, hazardous waste which is accompanied by a
shipping paper containing all the information required on the manifest (excluding the EPA identification numbers,
generator's certification, and signatures), the owner or operator, or his agent, must:
(1) Sign and date each copy of the manifest or shipping paper (if the manifest has not been received) to certify that
the hazardous waste covered by the manifest or shipping paper was received;
(2) Note any significant discrepancies (as defined in §264.72(a)) in the manifest or shipping paper (if the manifest has
not been received) on each copy of the manifest or shipping paper.
[ Comment: The Agency does not intend that the owner or operator of a facility whose procedures under
§264.13(c) include waste analysis must perform that analysis before signing the shipping paper and
giving it to the transporter. Section 264.72(b), however, requires reporting an unreconciled discrepancy
discovered during later analysis.]
(3) Immediately give the rail or water (bulk shipment) transporter at least one copy of the manifest or shipping paper
(if the manifest has not been received);
(4) Within 30 days after the delivery, send a copy of the signed and dated manifest or a signed and dated copy of the
shipping paper (if the manifest has not been received within 30 days after delivery) to the generator; and
[ Comment: Section 262.23(c) of this chapter requires the generator to send three copies of the manifest
to the facility when hazardous waste is sent by rail or water (bulk shipment).]
(5) Retain at the facility a copy of the manifest and shipping paper (if signed in lieu of the manifest at the time of
delivery) for at least three years from the date of delivery.
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(c) Whenever a shipment of hazardous waste is initiated from a facility, the owner or operator of that facility must
comply with the requirements of part 262 of this chapter.
[ Comment: The provisions of §262.34 are applicable to the on-site accumulation of hazardous wastes 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.]
(d) Within three (3) working days of the receipt of a shipment subject to 40 CFR part 262, subpart H, the owner or
operator of a facility must provide a copy of the movement document bearing all required signatures to the exporter,
to the Office of Enforcement and Compliance Assurance, Office of Federal Activities, International Compliance
Assurance Division (2254A), Environmental Protection Agency, 1200 Pennsylvania Avenue, NW., Washington, DC
20460, and to competent authorities of all other concerned countries. The original copy of the movement document
must be maintained at the facility for at least three (3) years from the date of signature.
(e) A facility must determine whether the consignment state for a shipment regulates any additional wastes (beyond
those regulated Federally) as hazardous wastes under its state hazardous waste program. Facilities must also
determine whether the consignment state or generator state requires the facility to submit any copies of the manifest
to these states.
[45 FR 33221, May 19, 1980, as amended at 45 FR 86970, 86974, Dec. 31, 1980; 61 FR 16315, Apr. 12, 1996; 70
FR 10821, Mar. 4, 2005; 75 FR 1260, Jan. 8, 2010]
§ 264.72 Manifest discrepancies.
(a) Manifest discrepancies are:
(1) Significant differences (as defined by paragraph (b) of this section) 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;
(2) Rejected wastes, which may be a full or partial shipment of hazardous waste that the TSDF cannot accept; or
(3) Container residues, which are residues that exceed the quantity limits for "empty" containers set forth in 40 CFR
261.7(b).
(b) Significant differences in quantity are: For bulk waste, variations greater than 10 percent in weight; for batch
waste, any variation in piece count, such as a discrepancy of one drum in a truckload. Significant differences in type
are obvious differences which can be discovered by inspection or waste analysis, such as waste solvent substituted
for waste acid, or toxic constituents not reported on the manifest or shipping paper.
(c) Upon discovering a significant difference in quantity or type, the owner or operator must attempt to reconcile the
discrepancy with the waste generator or transporter ( e.g., with telephone conversations). If the discrepancy is not
resolved within 15 days after receiving the waste, the owner or operator must immediately submit to the Regional
Administrator a letter describing the discrepancy and attempts to reconcile it, and a copy of the manifest or shipping
paper at issue.
(d)(1) Upon rejecting waste or identifying a container residue that exceeds the quantity limits for "empty" containers
set forth in 40 CFR 261.7(b), the facility must consult with the generator prior to forwarding the waste to another
facility that can manage the waste. If it is impossible to locate an alternative facility that can receive the waste, the
facility may return the rejected waste or residue to the generator. The facility must send the waste to the alternative
facility or to the generator within 60 days of the rejection or the container residue identification.
(2) While the facility is making arrangements for forwarding rejected wastes or residues to another facility under this
section, it must ensure that either the delivering transporter retains custody of the waste, or, the facility must provide
for secure, temporary custody of the waste, pending delivery of the waste to the first transporter designated on the
manifest prepared under paragraph (e) or (f) of this section.
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(e) Except as provided in paragraph (e)(7) of this section, for full or partial load rejections and residues that are to be
sent off-site to an alternate facility, the facility is required to prepare a new manifest in accordance with §262.20(a) of
this chapter and the following instructions:
(1) Write the generator's U.S. EPA ID number in Item 1 of the new manifest. Write the generator's name and mailing
address in Item 5 of the new manifest. If the mailing address is different from the generator's site address, then write
the generator's site address in the designated space for Item 5.
(2) Write the name of the alternate designated facility and the facility's U.S. EPA ID number in the designated facility
block (Item 8) of the new manifest.
(3) Copy the manifest tracking number found in Item 4 of the old manifest to the Special Handling and Additional
Information Block of the new manifest, and indicate that the shipment is a residue or rejected waste from the previous
shipment.
(4) Copy the manifest tracking number found in Item 4 of the new manifest to the manifest reference number line in
the Discrepancy Block of the old manifest (Item 18a).
(5) Write the DOT description for the rejected load or the residue in Item 9 (U.S. DOT Description) of the new
manifest and write the container types, quantity, and volume(s) of waste.
(6) Sign the Generator's/Offerer's Certification to certify, as the offerer of the shipment, that the waste has been
properly packaged, marked and labeled and is in proper condition for transportation, and mail a signed copy of the
manifest to the generator identified in Item 5 of the new manifest.
(7) For full load rejections that are made while the transporter remains present at the facility, the facility may forward
the rejected shipment to the alternate facility by completing Item 18b of the original manifest and supplying the
information on the next destination facility in the Alternate Facility space. The facility must retain a copy of this
manifest for its records, and then give the remaining copies of the manifest to the transporter to accompany the
shipment. If the original manifest is not used, then the facility must use a new manifest and comply with paragraphs
(e)(1), (2), (3), (4), (5), and (6) of this section.
(f) Except as provided in paragraph (f)(7) of this section, for rejected wastes and residues that must be sent back to
the generator, the facility is required to prepare a new manifest in accordance with §262.20(a) of this chapter and the
following instructions:
(1) Write the facility's U.S. EPA ID number in Item 1 of the new manifest. Write the facility's name and mailing
address in Item 5 of the new manifest. If the mailing address is different from the facility's site address, then write the
facility's site address in the designated space for Item 5 of the new manifest.
(2) Write the name of the initial generator and the generator's U.S. EPA ID number in the designated facility block
(Item 8) of the new manifest.
(3) Copy the manifest tracking number found in Item 4 of the old manifest to the Special Handling and Additional
Information Block of the new manifest, and indicate that the shipment is a residue or rejected waste from the previous
shipment.
(4) Copy the manifest tracking number found in Item 4 of the new manifest to the manifest reference number line in
the Discrepancy Block of the old manifest (Item 18a).
(5) Write the DOT description for the rejected load or the residue in Item 9 (U.S. DOT Description) of the new
manifest and write the container types, quantity, and volume(s) of waste.
(6) Sign the Generator's/Offerer's Certification to certify, as offerer of the shipment, that the waste has been properly
packaged, marked and labeled and is in proper condition for transportation.
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(7) For full load rejections that are made while the transporter remains at the facility, the facility may return the
shipment to the generator with the original manifest by completing Item 18a and 18b of the manifest and supplying
the generator's information in the Alternate Facility space. The facility must retain a copy for its records and then give
the remaining copies of the manifest to the transporter to accompany the shipment. If the original manifest is not
used, then the facility must use a new manifest and comply with paragraphs (f)(1), (2), (3), (4), (5), (6), and (8) of this
section.
(8) For full or partial load rejections and container residues contained in non-empty containers that are returned to the
generator, the facility must also comply with the exception reporting requirements in §262.42(a).
(g) If a facility rejects a waste or identifies a container residue that exceeds the quantity limits for "empty" containers
set forth in 40 CFR 261.7(b) after it has signed, dated, and returned a copy of the manifest to the delivering
transporter or to the generator, the facility must amend its copy of the manifest to indicate the rejected wastes or
residues in the discrepancy space of the amended manifest. The facility must also copy the manifest tracking number
from Item 4 of the new manifest to the Discrepancy space of the amended manifest, and must re-sign and date the
manifest to certify to the information as amended. The facility must retain the amended manifest for at least three
years from the date of amendment, and must within 30 days, send a copy of the amended manifest to the transporter
and generator that received copies prior to their being amended.
[70 FR 10822, Mar. 4, 2005, as amended at 70 FR 35041, June 16, 2005; 75 FR 13005, Mar. 18, 2010]
§ 264.73 Operating record.
(a) The owner or operator must keep a written operating record at his facility.
(b) The following information must be recorded, as it becomes available, and maintained in the operating record for
three years unless noted as follows:
(1) A description and the quantity of each hazardous waste received, and the method(s) and date(s) of its treatment,
storage, or disposal at the facility as required by appendix I of this part. This information must be maintained in the
operating record until closure of the facility;
(2) The location of each hazardous waste within the facility and the quantity at each location. For disposal facilities,
the location and quantity of each hazardous waste must be recorded on a map or diagram that shows each cell or
disposal area. For all facilities, this information must include cross-references to manifest document numbers if the
waste was accompanied by a manifest. This information must be maintained in the operating record until closure of
the facility.
[ Comment: See §264.119 for related requirements.]
(3) Records and results of waste analyses and waste determinations performed as specified in §§264.13, 264.17,
264.314, 264.341, 264.1034, 264.1063, 264.1083, 268.4(a), and 268.7 of this chapter.
(4) Summary reports and details of all incidents that require implementing the contingency plan as specified in
§264.56(j);
(5) Records and results of inspections as required by §264.15(d) (except these data need be kept only three years);
(6) Monitoring, testing or analytical data, and corrective action where required by subpart F of this part and §§264.19,
264.191, 264.193, 264.195, 264.222, 264.223, 264.226, 264.252-264.254, 264.276, 264.278, 264.280, 264.302-
264.304, 264.309, 264.602, 264.1034(c)-264.1034(f), 264.1035, 264.1063(d)-264.1063(i), 264.1064, and 264.1082
through 264.1090 of this part. Maintain in the operating record for three years, except for records and results
pertaining to ground-water monitoring and cleanup which must be maintained in the operating record until closure of
the facility.
(7) For off-site facilities, notices to generators as specified in §264.12(b); and
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(8) All closure cost estimates under §264.142, and for disposal facilities, all post-closure cost estimates under
§264.144 of this part. This information must be maintained in the operating record until closure of the facility.
(9) A certification by the permittee no less often than annually, that the permittee has a program in place to reduce
the volume and toxicity of hazardous waste that he generates to the degree determined by the permittee to be
economically practicable; and the proposed method of treatment, storage or disposal is that practicable method
currently available to the permittee which minimizes the present and future threat to human health and the
environment.
(10) Records of the quantities and date of placement for each shipment of hazardous waste placed in land disposal
units under an extension to the effective date of any land disposal restriction granted pursuant to §268.5 of this
chapter, a petition pursuant to §268.6 of this chapter, or a certification under §268.8 of this chapter, and the
applicable notice required by a generator under §268.7(a) of this chapter. This information must be maintained in the
operating record until closure of the facility.
(11) For an off-site treatment facility, a copy of the notice, and the certification and demonstration, if applicable,
required by the generator or the owner or operator under §268.7 or §268.8;
(12) For an on-site treatment facility, the information contained in the notice (except the manifest number), and the
certification and demonstration if applicable, required by the generator or the owner or operator under §268.7 or
§268.8;
(13) For an off-site land disposal facility, a copy of the notice, and the certification and demonstration if applicable,
required by the generator or the owner or operator of a treatment facility under §§268.7 and 268.8, whichever is
applicable; and
(14) For an on-site land disposal facility, the information contained in the notice required by the generator or owner or
operator of a treatment facility under §268.7, except for the manifest number, and the certification and demonstration
if applicable, required under §268.8, whichever is applicable.
(15) For an off-site storage facility, a copy of the notice, and the certification and demonstration if applicable, required
by the generator or the owner or operator under §268.7 or §268.8; and
(16) For an on-site storage facility, the information contained in the notice (except the manifest number), and the
certification and demonstration if applicable, required by the generator or the owner or operator under §268.7 or
§268.8.
(17) Any records required under §264.1(j)(13).
(18) Monitoring, testing or analytical data where required by §264.347 must be maintained in the operating record for
five years.
(19) Certifications as required by §264.196(f) must be maintained in the operating record until closure of the facility.
[45 FR 33221, May 19, 1980]
Editorial Note: For Federal Register citations affecting §264.73, see the List of CFR Sections Affected, which
appears in the Finding Aids section of the printed volume and atwww.fdsys.gov.
§ 264.74 Availability, retention, and disposition of records.
(a) All records, including plans, required under this part must be furnished upon request, and made available at all
reasonable times for inspection, by any officer, employee, or representative of EPA who is duly designated by the
Administrator.
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(b) The retention period for all records required under this part is extended automatically during the course of any
unresolved enforcement action regarding the facility or as requested by the Administrator.
(c) A copy of records of waste disposal locations and quantities under §264.73(b)(2) must be submitted to the
Regional Administrator and local land authority upon closure of the facility.
§ 264.75 Biennial report.
The owner or operator 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 8700-13B. The report
must cover facility activities during the previous calendar year and must include:
(a) The EPA identification number, name, and address of the facility;
(b) The calendar year covered by the report;
(c) For off-site facilities, the EPA identification number of each hazardous waste generator from which the facility
received a hazardous waste during the year; for imported shipments, the report must give the name and address of
the foreign generator;
(d) A description and the quantity of each hazardous waste the facility received during the year. For off-site facilities,
this information must be listed by EPA identification number of each generator;
(e) The method of treatment, storage, or disposal for each hazardous waste;
(f) [Reserved]
(g) The most recent closure cost estimate under §264.142, and, for disposal facilities, the most recent post-closure
cost estimate under §264.144; and
(h) For generators who treat, store, or dispose of hazardous waste on-site, a description of the efforts undertaken
during the year to reduce the volume and toxicity of waste generated.
(i) For generators who treat, store, or dispose of hazardous waste on-site, 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 the years prior to 1984.
(j) The certification signed by the owner or operator of the facility or his authorized representative.
[45 FR 33221, May 19, 1980, as amended at 46 FR 2849, Jan. 12, 1981; 48 FR 3982, Jan. 28, 1983; 50 FR 4514,
Jan. 31, 1985; 51 FR 28556, Aug. 8, 1986]
§ 264.76 Unmanifested waste report.
(a) If a facility accepts for treatment, storage, or disposal any hazardous waste from an off-site source without an
accompanying manifest, or without an accompanying shipping paper as described by §263.20(e) of this chapter, and
if the waste is not excluded from the manifest requirement by this chapter, then the owner or operator must prepare
and submit a letter to the Regional Administrator within 15 days after receiving the waste. The unmanifested waste
report must contain the following information:
(1) The EPA identification number, name and address of the facility;
(2) The date the facility received the waste;
(3) The EPA identification number, name and address of the generator and the transporter, if available;
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(4) A description and the quantity of each unmanifested hazardous waste the facility received;
(5) The method of treatment, storage, or disposal for each hazardous waste;
(6) The certification signed by the owner or operator of the facility or his authorized representative; and,
(7) A brief explanation of why the waste was unmanifested, if known.
(b) [Reserved]
[70 FR 10823, Mar. 4, 2005]
§ 264.77 Additional reports.
In addition to submitting the biennial reports and unmanifested waste reports described in §§264.75 and 264.76, the
owner or operator must also report to the Regional Administrator:
(a) Releases, fires, and explosions as specified in §264.56(j);
(b) Facility closures specified in §264.115; and
(c)As otherwise required by subparts F, K through N, AA, BB, and CC of this part.
[46 FR 2849, Jan. 12, 1981, as amended at 47 FR 32350, July 26, 1982; 48 FR 3982, Jan. 28, 1983; 55 FR 25494,
June 21, 1990; 59 FR 62926, Dec. 6, 1994]
Subpart F—Releases From Solid Waste Management Units
Source: 47 FR 32350, July 26, 1982, unless otherwise noted.
§ 264.90 Applicability.
(a)(1) Except as provided in paragraph (b) of this section, the regulations in this subpart apply to owners or operators
of facilities that treat, store or dispose of hazardous waste. The owner or operator must satisfy the requirements
identified in paragraph (a)(2) of this section for all wastes (or constituents thereof) contained in solid waste
management units at the facility, regardless of the time at which waste was placed in such units.
(2) All solid waste management units must comply with the requirements in §264.101. A surface impoundment, waste
pile, and land treatment unit or landfill that receives hazardous waste after July 26, 1982 (hereinafter referred to as a
"regulated unit") must comply with the requirements of §§264.91 through 264.100 in lieu of §264.101 for purposes of
detecting, characterizing and responding to releases to the uppermost aquifer. The financial responsibility
requirements of §264.101 apply to regulated units.
(b) The owner or operator's regulated unit or units are not subject to regulation for releases into the uppermost aquifer
under this subpart if:
(1)The owner or operator is exempted under §264.1; or
(2) He operates a unit which the Regional Administrator finds:
(i) Is an engineered structure,
(ii) Does not receive or contain liquid waste or waste containing free liquids,
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(iii) Is designed and operated to exclude liquid, precipitation, and other run-on and run-off,
(iv) Has both inner and outer layers of containment enclosing the waste,
(v) Has a leak detection system built into each containment layer,
(vi)The owner or operator will provide continuing operation and maintenance of these leak detection systems during
the active life of the unit and the closure and post-closure care periods, and
(vii) To a reasonable degree of certainty, will not allow hazardous constituents to migrate beyond the outer
containment layer prior to the end of the post-closure care period.
(3) The Regional Administrator finds, pursuant to §264.280(d), that the treatment zone of a land treatment unit that
qualifies as a regulated unit does not contain levels of hazardous constituents that are above background levels of
those constituents by an amount that is statistically significant, and if an unsaturated zone monitoring program
meeting the requirements of §264.278 has not shown a statistically significant increase in hazardous constituents
below the treatment zone during the operating life of the unit. An exemption under this paragraph can only relieve an
owner or operator of responsibility to meet the requirements of this subpart during the post-closure care period; or
(4) The Regional Administrator finds that there is no potential for migration of liquid from a regulated unit to the
uppermost aquifer during the active life of the regulated unit (including the closure period) and the post-closure care
period specified under §264.117. This demonstration must be certified by a qualified geologist or geotechnical
engineer. In order to provide an adequate margin of safety in the prediction of potential migration of liquid, the owner
or operator must base any predictions made under this paragraph on assumptions that maximize the rate of liquid
migration.
(5) He designs and operates a pile in compliance with §264.250(c).
(c) The regulations under this subpart apply during the active life of the regulated unit (including the closure period).
After closure of the regulated unit, the regulations in this subpart:
(1) Do not apply if all waste, waste residues, contaminated containment system components, and contaminated
subsoils are removed or decontaminated at closure;
(2) Apply during the post-closure care period under §264.117 if the owner or operator is conducting a detection
monitoring program under §264.98; or
(3) Apply during the compliance period under §264.96 if the owner or operator is conducting a compliance monitoring
program under §264.99 or a corrective action program under §264.100.
(d) Regulations in this subpart may apply to miscellaneous units when necessary to comply with §§264.601 through
264.603.
(e) The regulations of this subpart apply to all owners and operators subject to the requirements of 40 CFR
270.1(c)(7), when the Agency issues either a post-closure permit or an enforceable document (as defined in 40 CFR
270.1(c)(7)) at the facility. When the Agency issues an enforceable document, references in this subpart to "in the
permit" mean "in the enforceable document."
(f) The Regional Administrator may replace all or part of the requirements of §§264.91 through 264.100 applying to a
regulated unit with alternative requirements for groundwater monitoring and corrective action for releases to
groundwater set out in the permit (or in an enforceable document) (as defined in 40 CFR 270.1(c)(7)) where the
Regional Administrator determines that:
(1)The regulated unit is situated among solid waste management units (or areas of concern), a release has occurred,
and both the regulated unit and one or more solid waste management unit(s) (or areas of concern) are likely to have
contributed to the release; and
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(2) It is not necessary to apply the groundwater monitoring and corrective action requirements of §§264.91 through
264.100 because alternative requirements will protect human health and the environment.
[47 FR 32350, July 26, 1982, as amended at 50 FR 28746, July 15, 1985; 52 FR 46963, Dec. 10, 1987; 63 FR
56733, Oct. 22, 1998]
§ 264.91 Required programs.
(a) Owners and operators subject to this subpart must conduct a monitoring and response program as follows:
(1) Whenever hazardous constituents under §264.93 from a regulated unit are detected at a compliance point under
§264.95, the owner or operator must institute a compliance monitoring program under §264.99. Detected is defined
as statistically significant evidence of contamination as described in §264.98(f);
(2) Whenever the ground-water protection standard under §264.92 is exceeded, the owner or operator must institute
a corrective action program under §264.100. Exceeded is defined as statistically significant evidence of increased
contamination as described in §264.99(d);
(3) Whenever hazardous constituents under §264.93 from a regulated unit exceed concentration limits under §264.94
in ground water between the compliance point under §264.95 and the downgradient facility property boundary, the
owner or operator must institute a corrective action program under §264.100; or
(4) In all other cases, the owner or operator must institute a detection monitoring program under §264.98.
(b) The Regional Administrator will specify in the facility permit the specific elements of the monitoring and response
program. The Regional Administrator may include one or more of the programs identified in paragraph (a) of this
section in the facility permit as may be necessary to protect human health and the environment and will specify the
circumstances under which each of the programs will be required. In deciding whether to require the owner or
operator to be prepared to institute a particular program, the Regional Administrator will consider the potential
adverse effects on human health and the environment that might occur before final administrative action on a permit
modification application to incorporate such a program could be taken.
[47 FR 32350, July 26, 1982, as amended at 53 FR 39728, Oct. 11, 1988]
§ 264.92 Ground-water protection standard.
The owner or operator must comply with conditions specified in the facility permit that are designed to ensure that
hazardous constituents under §264.93 detected in the ground water from a regulated unit do not exceed the
concentration limits under §264.94 in the uppermost aquifer underlying the waste management area beyond the point
of compliance under §264.95 during the compliance period under §264.96. The Regional Administrator will establish
this ground-water protection standard in the facility permit when hazardous constituents have been detected in the
ground water.
[53 FR 39728, Oct. 11, 1988]
§ 264.93 Hazardous constituents.
(a) The Regional Administrator will specify in the facility permit the hazardous constituents to which the ground-water
protection standard of §264.92 applies. Hazardous constituents are constituents identified in appendix VIII of part 261
of this chapter that have been detected in ground water in the uppermost aquifer underlying a regulated unit and that
are reasonably expected to be in or derived from waste contained in a regulated unit, unless the Regional
Administrator has excluded them under paragraph (b) of this section.
(b)The Regional Administrator will exclude an appendix VIII constituent from the list of hazardous constituents
specified in the facility permit if he finds that the constituent is not capable of posing a substantial present or potential
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hazard to human health or the environment. In deciding whether to grant an exemption, the Regional Administrator
will consider the following:
(1) Potential adverse effects on ground-water quality, considering:
(i) The physical and chemical characteristics of the waste in the regulated unit, including its potential for migration;
(ii) The hydrogeological characteristics of the facility and surrounding land;
(iii) The quantity of ground water and the direction of ground-water flow;
(iv) The proximity and withdrawal rates of ground-water users;
(v) The current and future uses of ground water in the area;
(vi) The existing quality of ground water, including other sources of contamination and their cumulative impact on the
ground-water quality;
(vii) The potential for health risks caused by human exposure to waste constituents;
(viii) The potential damage to wildlife, crops, vegetation, and physical structures caused by exposure to waste
constituents;
(ix) The persistence and permanence of the potential adverse effects; and
(2) Potential adverse effects on hydraulically-connected surface water quality, considering:
(i) The volume and physical and chemical characteristics of the waste in the regulated unit;
(ii) The hydrogeological characteristics of the facility and surrounding land;
(iii) The quantity and quality of ground water, and the direction of ground-water flow;
(iv) The patterns of rainfall in the region;
(v) The proximity of the regulated unit to surface waters;
(vi) The current and future uses of surface waters in the area and any water quality standards established for those
surface waters;
(vii) The existing quality of surface water, including other sources of contamination and the cumulative impact on
surface-water quality;
(viii) The potential for health risks caused by human exposure to waste constituents;
(ix) The potential damage to wildlife, crops, vegetation, and physical structures caused by exposure to waste
constituents; and
(x) The persistence and permanence of the potential adverse effects.
(c) In making any determination under paragraph (b) of this section about the use of ground water in the area around
the facility, the Regional Administrator will consider any identification of underground sources of drinking water and
exempted aquifers made under §144.8 of this chapter.
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[47 FR 32350, July 26, 1982, as amended at 48 FR 14294, Apr. 1, 1983]
§ 264.94 Concentration limits.
(a) The Regional Administrator will specify in the facility permit concentration limits in the ground water for hazardous
constituents established under §264.93. The concentration of a hazardous constituent:
(1) Must not exceed the background level of that constituent in the ground water at the time that limit is specified in
the permit; or
(2) For any of the constituents listed in Table 1, must not exceed the respective value given in that table if the
background level of the constituent is below the value given in Table 1; or
Table 1—Maximum Concentration of Constituents for Ground-water Protection
Constituent
Arsenic
Barium
Cadmium
Chromium
Lead
Mercury
Selenium
Silver
Endrin (1,2,3,4,10,10-hexachloro-1,7-epoxy 1,4,4a,5,6,7,8,9a-octahydro-1, 4-endo,
endo-5,8-dimethano naphthalene)
Lindane (1,2,3,4,5
Methoxychlor (1,1
6-hexachlorocyclohexane, gamma isomer)
1 -Trichloro-2,2-bis (p-methoxyphenylethane)
Toxaphene (CioHioCle, Technical chlorinated camphene, 67-69 percent chlorine)
2,4-D (2,4-Dichlorophenoxyacetic acid)
2,4,5-TP Silvex (2
4,5-Trichlorophenoxypropionic acid)
Maximum
concentration1
0.05
1.0
0.01
0.05
0.05
0.002
0.01
0.05
0.0002
0.004
0.1
0.005
0.1
0.01
Milligrams per liter.
(3) Must not exceed an alternate limit established by the Regional Administrator under paragraph (b) of this section.
(b) The Regional Administrator will establish an alternate concentration limit for a hazardous constituent if he finds
that the constituent will not pose a substantial present or potential hazard to human health or the environment as long
as the alternate concentration limit is not exceeded. In establishing alternate concentration limits, the Regional
Administrator will consider the following factors:
(1) Potential adverse effects on ground-water quality, considering:
(i) The physical and chemical characteristics of the waste in the regulated unit, including its potential for migration;
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(ii) The hydrogeological characteristics of the facility and surrounding land;
(iii) The quantity of ground water and the direction of ground-water flow;
(iv) The proximity and withdrawal rates of ground-water users;
(v) The current and future uses of ground water in the area;
(vi) The existing quality of ground water, including other sources of contamination and their cumulative impact on the
ground-water quality;
(vii) The potential for health risks caused by human exposure to waste constituents;
(viii) The potential damage to wildlife, crops, vegetation, and physical structures caused by exposure to waste
constituents;
(ix) The persistence and permanence of the potential adverse effects; and
(2) Potential adverse effects on hydraulically-connected surface-water quality, considering:
(i) The volume and physical and chemical characteristics of the waste in the regulated unit;
(ii) The hydrogeological characteristics of the facility and surrounding land;
(iii) The quantity and quality of ground water, and the direction of ground-water flow;
(iv) The patterns of rainfall in the region;
(v) The proximity of the regulated unit to surface waters;
(vi) The current and future uses of surface waters in the area and any water quality standards established for those
surface waters;
(vii) The existing quality of surface water, including other sources of contamination and the cumulative impact on
surface water quality;
(viii) The potential for health risks caused by human exposure to waste constituents;
(ix) The potential damage to wildlife, crops, vegetation, and physical structures caused by exposure to waste
constituents; and
(x) The persistence and permanence of the potential adverse effects.
(c) In making any determination under paragraph (b) of this section about the use of ground water in the area around
the facility the Regional Administrator will consider any identification of underground sources of drinking water and
exempted aquifers made under §144.8 of this chapter.
[47 FR 32350, July 26, 1982, as amended at 48 FR 14294, Apr. 1, 1983]
§ 264.95 Point of compliance.
(a) The Regional Administrator will specify in the facility permit the point of compliance at which the ground-water
protection standard of §264.92 applies and at which monitoring must be conducted. The point of compliance is a
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vertical surface located at the hydraulically downgradient limit of the waste management area that extends down into
the uppermost aquifer underlying the regulated units.
(b) The waste management area is the limit projected in the horizontal plane of the area on which waste will be
placed during the active life of a regulated unit.
(1) The waste management area includes horizontal space taken up by any liner, dike, or other barrier designed to
contain waste in a regulated unit.
(2) If the facility contains more than one regulated unit, the waste management area is described by an imaginary line
circumscribing the several regulated units.
§ 264.96 Compliance period.
(a) The Regional Administrator will specify in the facility permit the compliance period during which the ground-water
protection standard of §264.92 applies. The compliance period is the number of years equal to the active life of the
waste management area (including any waste management activity prior to permitting, and the closure period.)
(b) The compliance period begins when the owner or operator initiates a compliance monitoring program meeting the
requirements of §264.99.
(c) If the owner or operator is engaged in a corrective action program at the end of the compliance period specified in
paragraph (a) of this section, the compliance period is extended until the owner or operator can demonstrate that the
ground-water protection standard of §264.92 has not been exceeded for a period of three consecutive years.
§ 264.97 General ground-water monitoring requirements.
The owner or operator must comply with the following requirements for any ground-water monitoring program
developed to satisfy §264.98, §264.99, or §264.100:
(a) The ground-water monitoring system must consist of a sufficient number of wells, installed at appropriate locations
and depths to yield ground-water samples from the uppermost aquifer that:
(1) Represent the quality of background ground water that has not been affected by leakage from a regulated unit;
(i) A determination of background ground-water quality may include sampling of wells that are not hydraulically
upgradient of the waste management area where:
(A) Hydrogeologic conditions do not allow the owner or operator to determine what wells are hydraulically upgradient;
and
(B) Sampling at other wells will provide an indication of background ground-water quality that is representative or
more representative than that provided by the upgradient wells; and
(2) Represent the quality of ground water passing the point of compliance.
(3) Allow for the detection of contamination when hazardous waste or hazardous constituents have migrated from the
waste management area to the uppermost aquifer.
(b) If a facility contains more than one regulated unit, separate ground-water monitoring systems are not required for
each regulated unit provided that provisions for sampling the ground water in the uppermost aquifer will enable
detection and measurement at the compliance point of hazardous constituents from the regulated units that have
entered the ground water in the uppermost aquifer.
(c) All monitoring wells must be cased in a manner that maintains the integrity of the monitoring-well bore hole. This
casing must be screened or perforated and packed with gravel or sand, where necessary, to enable collection of
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ground-water samples. The annular space (i.e., the space between the bore hole and well casing) above the
sampling depth must be sealed to prevent contamination of samples and the ground water.
(d) The ground-water monitoring program must include consistent sampling and analysis procedures that are
designed to ensure monitoring results that provide a reliable indication of ground-water quality below the waste
management area. At a minimum the program must include procedures and techniques for:
(1) Sample collection;
(2) Sample preservation and shipment;
(3) Analytical procedures; and
(4) Chain of custody control.
(e) The ground-water monitoring program must include sampling and analytical methods that are appropriate for
ground-water sampling and that accurately measure hazardous constituents in ground-water samples.
(f) The ground-water monitoring program must include a determination of the ground-water surface elevation each
time ground water is sampled.
(g) In detection monitoring or where appropriate in compliance monitoring, data on each hazardous constituent
specified in the permit will be collected from background wells and wells at the compliance point(s). The number and
kinds of samples collected to establish background shall be appropriate for the form of statistical test employed,
following generally accepted statistical principles. The sample size shall be as large as necessary to ensure with
reasonable confidence that a contaminant release to ground water from a facility will be detected. The owner or
operator will determine an appropriate sampling procedure and interval for each hazardous constituent listed in the
facility permit which shall be specified in the unit permit upon approval by the Regional Administrator. This sampling
procedure shall be:
(1) A sequence of at least four samples, taken at an interval that assures, to the greatest extent technically feasible,
that an independent sample is obtained, by reference to the uppermost aquifer's effective porosity, hydraulic
conductivity, and hydraulic gradient, and the fate and transport characteristics of the potential contaminants, or
(2) an alternate sampling procedure proposed by the owner or operator and approved by the Regional Administrator.
(h) The owner or operator will specify one of the following statistical methods to be used in evaluating ground-water
monitoring data for each hazardous constituent which, upon approval by the Regional Administrator, will be specified
in the unit permit. The statistical test chosen shall be conducted separately for each hazardous constituent in each
well. Where practical quantification limits (pql's) are used in any of the following statistical procedures to comply with
§264.97(i)(5), the pql must be proposed by the owner or operator and approved by the Regional Administrator. Use of
any of the following statistical methods must be protective of human health and the environment and must comply
with the performance standards outlined in paragraph (i) of this section.
(1) A parametric analysis of variance (ANOVA) followed by multiple comparisons procedures to identify statistically
significant evidence of contamination. The method must include estimation and testing of the contrasts between each
compliance well's mean and the background mean levels for each constituent.
(2) An analysis of variance (ANOVA) based on ranks followed by multiple comparisons procedures to identify
statistically significant evidence of contamination. The method must include estimation and testing of the contrasts
between each compliance well's median and the background median levels for each constituent.
(3) A tolerance or prediction interval procedure in which an interval for each constituent is established from the
distribution of the background data, and the level of each constituent in each compliance well is compared to the
upper tolerance or prediction limit.
(4) A control chart approach that gives control limits for each constituent.
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(5) Another statistical test method submitted by the owner or operator and approved by the Regional Administrator.
(i) Any statistical method chosen under §264.97(h) for specification in the unit permit shall comply with the following
performance standards, as appropriate:
(1) The statistical method used to evaluate ground-water monitoring data shall be appropriate for the distribution of
chemical parameters or hazardous constituents. If the distribution of the chemical parameters or hazardous
constituents is shown by the owner or operator to be inappropriate for a normal theory test, then the data should be
transformed or a distribution-free theory test should be used. If the distributions for the constituents differ, more than
one statistical method may be needed.
(2) If an individual well comparison procedure is used to compare an individual compliance well constituent
concentration with background constituent concentrations or a ground-water protection standard, the test shall be
done at a Type I error level no less than 0.01 for each testing period. If a multiple comparisons procedure is used, the
Type I experimentwise error rate for each testing period shall be no less than 0.05; however, the Type I error of no
less than 0.01 for individual well comparisons must be maintained. This performance standard does not apply to
tolerance intervals, prediction intervals or control charts.
(3) If a control chart approach is used to evaluate ground-water monitoring data, the specific type of control chart and
its associated parameter values shall be proposed by the owner or operator and approved by the Regional
Administrator if he or she finds it to be protective of human health and the environment.
(4) If a tolerance interval or a prediction interval is used to evaluate groundwater monitoring data, the levels of
confidence and, for tolerance intervals, the percentage of the population that the interval must contain, shall be
proposed by the owner or operator and approved by the Regional Administrator if he or she finds these parameters to
be protective of human health and the environment. These parameters will be determined after considering the
number of samples in the background data base, the data distribution, and the range of the concentration values for
each constituent of concern.
(5) The statistical method shall account for data below the limit of detection with one or more statistical procedures
that are protective of human health and the environment. Any practical quantification limit (pql) approved by the
Regional Administrator under §264.97(h) that is used in the statistical method shall be the lowest concentration level
that can be reliably achieved within specified limits of precision and accuracy during routine laboratory operating
conditions that are available to the facility.
(6) If necessary, the statistical method shall include procedures to control or correct for seasonal and spatial
variability as well as temporal correlation in the data.
(j) Ground-water monitoring data collected in accordance with paragraph (g) of this section including actual levels of
constituents must be maintained in the facility operating record. The Regional Administrator will specify in the permit
when the data must be submitted for review.
[47 FR 32350, July 26, 1982, as amended at 50 FR 4514, Jan. 31, 1985; 53 FR 39728, Oct. 11, 1988; 71 FR 40272,
July 14, 2006]
§ 264.98 Detection monitoring program.
An owner or operator required to establish a detection monitoring program under this subpart must, at a minimum,
discharge the following responsibilities:
(a) The owner or operator must monitor for indicator parameters (e.g., specific conductance, total organic carbon, or
total organic halogen), waste constituents, or reaction products that provide a reliable indication of the presence of
hazardous constituents in ground water. The Regional Administrator will specify the parameters or constituents to be
monitored in the facility permit, after considering the following factors:
(1) The types, quantities, and concentrations of constituents in wastes managed at the regulated unit;
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(2) The mobility, stability, and persistence of waste constituents or their reaction products in the unsaturated zone
beneath the waste management area;
(3) The detectability of indicator parameters, waste constituents, and reaction products in ground water; and
(4) The concentrations or values and coefficients of variation of proposed monitoring parameters or constituents in
the ground-water background.
(b) The owner or operator must install a ground-water monitoring system at the compliance point as specified under
§264.95. The ground-water monitoring system must comply with §264.97(a)(2), (b), and (c).
(c) The owner or operator must conduct a ground-water monitoring program for each chemical parameter and
hazardous constituent specified in the permit pursuant to paragraph (a) of this section in accordance with §264.97(g).
The owner or operator must maintain a record of ground-water analytical data as measured and in a form necessary
for the determination of statistical significance under §264.97(h).
(d) The Regional Administrator will specify the frequencies for collecting samples and conducting statistical tests to
determine whether there is statistically significant evidence of contamination for any parameter or hazardous
constituent specified in the permit conditions under paragraph (a) of this section in accordance with §264.97(g).
(e) The owner or operator must determine the ground-water flow rate and direction in the uppermost aquifer at least
annually.
(f) The owner or operator must determine whether there is statistically significant evidence of contamination for any
chemical parameter of hazardous constituent specified in the permit pursuant to paragraph (a) of this section at a
frequency specified under paragraph (d) of this section.
(1) In determining whether statistically significant evidence of contamination exists, the owner or operator must use
the method(s) specified in the permit under §264.97(h). These method(s) must compare data collected at the
compliance point(s) to the background ground-water quality data.
(2) The owner or operator must determine whether there is statistically significant evidence of contamination at each
monitoring well as the compliance point within a reasonable period of time after completion of sampling. The Regional
Administrator will specify in the facility permit what period of time is reasonable, after considering the complexity of
the statistical test and the availability of laboratory facilities to perform the analysis of ground-water samples.
(g) If the owner or operator determines pursuant to paragraph (f) of this section that there is statistically significant
evidence of contamination for chemical parameters or hazardous constituents specified pursuant to paragraph (a) of
this section at any monitoring well at the compliance point, he or she must:
(1) Notify the Regional Administrator of this finding in writing within seven days. The notification must indicate what
chemical parameters or hazardous constituents have shown statistically significant evidence of contamination;
(2) Immediately sample the ground water in all monitoring wells and determine whether constituents in the list of
appendix IX of this part are present, and if so, in what concentration. However, the Regional Administrator, on a
discretionary basis, may allow sampling for a site-specific subset of constituents from the Appendix IX list of this part
and other representative/related waste constituents.
(3) For any appendix IX compounds found in the analysis pursuant to paragraph (g)(2) of this section, the owner or
operator may resample within one month or at an alternative site-specific schedule approved by the Administrator
and repeat the analysis for those compounds detected. If the results of the second analysis confirm the initial results,
then these constituents will form the basis for compliance monitoring. If the owner or operator does not resample for
the compounds in paragraph (g)(2) of this section, the hazardous constituents found during this initial appendix IX
analysis will form the basis for compliance monitoring.
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(4) Within 90 days, submit to the Regional Administrator an application for a permit modification to establish a
compliance monitoring program meeting the requirements of §264.99. The application must include the following
information:
(i) An identification of the concentration of any appendix IX constituent detected in the ground water at each
monitoring well at the compliance point;
(ii) Any proposed changes to the ground-water monitoring system at the facility necessary to meet the requirements
of §264.99;
(iii) Any proposed additions or changes to the monitoring frequency, sampling and analysis procedures or methods,
or statistical methods used at the facility necessary to meet the requirements of §264.99;
(iv) For each hazardous constituent detected at the compliance point, a proposed concentration limit under
§264.94(a) (1) or (2), or a notice of intent to seek an alternate concentration limit under §264.94(b); and
(5) Within 180 days, submit to the Regional Administrator:
(i) All data necessary to justify an alternate concentration limit sought under §264.94(b); and
(ii) An engineering feasibility plan fora corrective action program necessary to meet the requirement of §264.100,
unless:
(A) All hazardous constituents identified under paragraph (g)(2) of this section are listed in Table 1 of §264.94 and
their concentrations do not exceed the respective values given in that Table; or
(B) The owner or operator has sought an alternate concentration limit under §264.94(b) for every hazardous
constituent identified under paragraph (g)(2) of this section.
(6) If the owner or operator determines, pursuant to paragraph (f) of this section, that there is a statistically significant
difference for chemical parameters or hazardous constituents specified pursuant to paragraph (a) of this section at
any monitoring well at the compliance point, he or she may demonstrate that a source other than a regulated unit
caused the contamination or that the detection is an artifact caused by an error in sampling, analysis, or statistical
evaluation or natural variation in the ground water. The owner operator may make a demonstration under this
paragraph in addition to, or in lieu of, submitting a permit modification application under paragraph (g)(4) of this
section; however, the owner or operator is not relieved of the requirement to submit a permit modification application
within the time specified in paragraph (g)(4) of this section unless the demonstration made under this paragraph
successfully shows that a source other than a regulated unit caused the increase, or that the increase resulted from
error in sampling, analysis, or evaluation. In making a demonstration under this paragraph, the owner or operator
must:
(i) Notify the Regional Administrator in writing within seven days of determining statistically significant evidence of
contamination at the compliance point that he intends to make a demonstration under this paragraph;
(ii) Within 90 days, submit a report to the Regional Administrator which demonstrates that a source other than a
regulated unit caused the contamination or that the contamination resulted from error in sampling, analysis, or
evaluation;
(iii) Within 90 days, submit to the Regional Administrator an application for a permit modification to make any
appropriate changes to the detection monitoring program facility; and
(iv) Continue to monitor in accordance with the detection monitoring program established under this section.
(h) If the owner or operator determines that the detection monitoring program no longer satisfies the requirements of
this section, he or she must, within 90 days, submit an application for a permit modification to make any appropriate
changes to the program.
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[47 FR 32350, July 26, 1982, as amended at 50 FR 4514, Jan. 31, 1985; 52 FR 25946, July 9, 1987; 53 FR 39729,
Oct. 11, 1988; 71 FR 16904, Apr. 4, 2006; 71 FR 40272, July 14, 2006]
§ 264.99 Compliance monitoring program.
An owner or operator required to establish a compliance monitoring program under this subpart must, at a minimum,
discharge the following responsibilities:
(a) The owner or operator must monitor the ground water to determine whether regulated units are in compliance with
the ground-water protection standard under §264.92. The Regional Administrator will specify the ground-water
protection standard in the facility permit, including:
(1) A list of the hazardous constituents identified under §264.93;
(2) Concentration limits under §264.94 for each of those hazardous constituents;
(3) The compliance point under §264.95; and
(4) The compliance period under §264.96.
(b) The owner or operator must install a ground-water monitoring system at the compliance point as specified under
§264.95. The ground-water monitoring system must comply with §264.97(a)(2), (b), and (c).
(c) The Regional Administrator will specify the sampling procedures and statistical methods appropriate for the
constituents and the facility, consistent with §264.97 (g) and (h).
(1) The owner or operator must conduct a sampling program for each chemical parameter or hazardous constituent in
accordance with §264.97(g).
(2) The owner or operator must record ground-water analytical data as measured and in form necessary for the
determination of statistical significance under §264.97(h) for the compliance period of the facility.
(d) The owner or operator must determine whether there is statistically significant evidence of increased
contamination for any chemical parameter or hazardous constituent specified in the permit, pursuant to paragraph (a)
of this section, at a frequency specified under paragraph (f) under this section.
(1) In determining whether statistically significant evidence of increased contamination exists, the owner or operator
must use the method(s) specified in the permit under §264.97(h). The methods(s) must compare data collected at the
compliance point(s) to a concentration limit developed in accordance with §264.94.
(2) The owner or operator must determine whether there is statistically significant evidence of increased
contamination at each monitoring well at the compliance point within a reasonable time period after completion of
sampling. The Regional Administrator will specify that time period in the facility permit, after considering the
complexity of the statistical test and the availability of laboratory facilities to perform the analysis of ground-water
samples.
(e) The owner or operator must determine the ground-water flow rate and direction in the uppermost aquifer at least
annually.
(f) The Regional Administrator will specify the frequencies for collecting samples and conducting statistical tests to
determine statistically significant evidence of increased contamination in accordance with §264.97(g).
(g) Annually, the owner or operator must determine whether additional hazardous constituents from Appendix IX of
this part, which could possibly be present but are not on the detection monitoring list in the permit, are actually
present in the uppermost aquifer and, if so, at what concentration, pursuant to procedures in §264.98(f). To
accomplish this, the owner or operator must consult with the Regional Administrator to determine on a case-by-case
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basis: which sample collection event during the year will involve enhanced sampling; the number of monitoring wells
at the compliance point to undergo enhanced sampling; the number of samples to be collected from each of these
monitoring wells; and, the specific constituents from Appendix IX of this part for which these samples must be
analyzed. If the enhanced sampling event indicates that Appendix IX constituents are present in the ground water
that are not already identified in the permit as monitoring constituents, the owner or operator may resample within
one month or at an alternative site-specific schedule approved by the Regional Administrator, and repeat the
analysis. If the second analysis confirms the presence of new constituents, the owner or operator must report the
concentration of these additional constituents to the Regional Administrator within seven days after the completion of
the second analysis and add them to the monitoring list. If the owner or operator chooses not to resample, then he or
she must report the concentrations of these additional constituents to the Regional Administrator within seven days
after completion of the initial analysis, and add them to the monitoring list.
(h) If the owner or operator determines pursuant to paragraph (d) of this section that any concentration limits under
§264.94 are being exceeded at any monitoring well at the point of compliance he or she must:
(1) Notify the Regional Administrator of this finding in writing within seven days. The notification must indicate what
concentration limits have been exceeded.
(2) Submit to the Regional Administrator an application for a permit modification to establish a corrective action
program meeting the requirements of §264.100 within 180 days, or within 90 days if an engineering feasibility study
has been previously submitted to the Regional Administrator under §264.98(g)(5). The application must at a minimum
include the following information:
(i) A detailed description of corrective actions that will achieve compliance with the ground-water protection standard
specified in the permit under paragraph (a) of this section; and
(ii) A plan for a ground-water monitoring program that will demonstrate the effectiveness of the corrective action.
Such a ground-water monitoring program may be based on a compliance monitoring program developed to meet the
requirements of this section.
(i) If the owner or operator determines, pursuant to paragraph (d) of this section, that the ground-water concentration
limits under this section are being exceeded at any monitoring well at the point of compliance, he or she may
demonstrate that a source other than a regulated unit caused the contamination or that the detection is an artifact
caused by an error in sampling, analysis, or statistical evaluation or natural variation in the ground water. In making a
demonstration under this paragraph, the owner or operator must:
(1) Notify the Regional Administrator in writing within seven days that he intends to make a demonstration under this
paragraph;
(2) Within 90 days, submit a report to the Regional Administrator which demonstrates that a source other than a
regulated unit caused the standard to be exceeded or that the apparent noncompliance with the standards resulted
from error in sampling, analysis, or evaluation;
(3) Within 90 days, submit to the Regional Administrator an application for a permit modification to make any
appropriate changes to the compliance monitoring program at the facility; and
(4) Continue to monitor in accord with the compliance monitoring program established under this section.
(j) If the owner or operator determines that the compliance monitoring program no longer satisfies the requirements of
this section, he must, within 90 days, submit an application for a permit modification to make any appropriate
changes to the program.
[47 FR 32350, July 26, 1982, as amended at 50 FR 4514, Jan. 31, 1985; 52 FR 25946, July 9, 1987; 53 FR 39730,
Oct. 11, 1988; 71 FR 16904, Apr. 4, 2006; 71 FR 40272, July 14, 2006]
§ 264.100 Corrective action program.
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An owner or operator required to establish a corrective action program under this subpart must, at a minimum,
discharge the following responsibilities:
(a) The owner or operator must take corrective action to ensure that regulated units are in compliance with the
ground-water protection standard under §264.92. The Regional Administrator will specify the ground-water protection
standard in the facility permit, including:
(1) A list of the hazardous constituents identified under §264.93;
(2) Concentration limits under §264.94 for each of those hazardous constituents;
(3) The compliance point under §264.95; and
(4) The compliance period under §264.96.
(b) The owner or operator must implement a corrective action program that prevents hazardous constituents from
exceeding their respective concentration limits at the compliance point by removing the hazardous waste constituents
or treating them in place. The permit will specify the specific measures that will be taken.
(c) The owner or operator must begin corrective action within a reasonable time period after the ground-water
protection standard is exceeded. The Regional Administrator will specify that time period in the facility permit. If a
facility permit includes a corrective action program in addition to a compliance monitoring program, the permit will
specify when the corrective action will begin and such a requirement will operate in lieu of §264.99(i)(2).
(d) In conjunction with a corrective action program, the owner or operator must establish and implement a ground-
water monitoring program to demonstrate the effectiveness of the corrective action program. Such a monitoring
program may be based on the requirements for a compliance monitoring program under §264.99 and must be as
effective as that program in determining compliance with the ground-water protection standard under §264.92 and in
determining the success of a corrective action program under paragraph (e) of this section, where appropriate.
(e) In addition to the other requirements of this section, the owner or operator must conduct a corrective action
program to remove or treat in place any hazardous constituents under §264.93 that exceed concentration limits under
§264.94 in groundwater:
(1) Between the compliance point under §264.95 and the downgradient property boundary; and
(2) Beyond the facility boundary, where necessary to protect human health and the environment, unless the owner or
operator demonstrates to the satisfaction of the Regional Administrator that, despite the owner's or operator's best
efforts, the owner or operator was unable to obtain the necessary permission to undertake such action. The
owner/operator is not relieved of all responsibility to clean up a release that has migrated beyond the facility boundary
where off-site access is denied. On-site measures to address such releases will be determined on a case-by-case
basis.
(3) Corrective action measures under this paragraph must be initiated and completed within a reasonable period of
time considering the extent of contamination.
(4) Corrective action measures under this paragraph may be terminated once the concentration of hazardous
constituents under §264.93 is reduced to levels below their respective concentration limits under §264.94.
(f) The owner or operator must continue corrective action measures during the compliance period to the extent
necessary to ensure that the ground-water protection standard is not exceeded. If the owner or operator is conducting
corrective action at the end of the compliance period, he must continue that corrective action for as long as necessary
to achieve compliance with the ground-water protection standard. The owner or operator may terminate corrective
action measures taken beyond the period equal to the active life of the waste management area (including the
closure period) if he can demonstrate, based on data from the ground-water monitoring program under paragraph (d)
of this section, that the ground-water protection standard of §264.92 has not been exceeded for a period of three
consecutive years.
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(g) The owner or operator must report in writing to the Regional Administrator on the effectiveness of the corrective
action program. The owner or operator must submit these reports annually.
(h) If the owner or operator determines that the corrective action program no longer satisfies the requirements of this
section, he must, within 90 days, submit an application for a permit modification to make any appropriate changes to
the program.
[47 FR 32350, July 26, 1985, as amended at 50 FR 4514, Jan. 31, 1985; 52 FR 45798, Dec. 1, 1987; 71 FR 16904,
Apr. 4, 2006]
§ 264.101 Corrective action for solid waste management units.
(a) The owner or operator of a facility seeking a permit for the treatment, storage or disposal of hazardous waste
must institute corrective action as necessary to protect human health and the environment for all releases of
hazardous waste or constituents from any solid waste management unit at the facility, regardless of the time at which
waste was placed in such unit.
(b) Corrective action will be specified in the permit in accordance with this section and subpart S of this part. The
permit will contain schedules of compliance for such corrective action (where such corrective action cannot be
completed prior to issuance of the permit) and assurances of financial responsibility for completing such corrective
action.
(c) The owner or operator must implement corrective actions beyond the facility property boundary, where necessary
to protect human health and the environment, unless the owner or operator demonstrates to the satisfaction of the
Regional Administrator that, despite the owner's or operator's best efforts, the owner or operator was unable to obtain
the necessary permission to undertake such actions. The owner/operator is not relieved of all responsibility to clean
up a release that has migrated beyond the facility boundary where off-site access is denied. On-site measures to
address such releases will be determined on a case-by-case basis. Assurances of financial responsibility for such
corrective action must be provided.
(d) This section does not apply to remediation waste management sites unless they are part of a facility subject to a
permit for treating, storing or disposing of hazardous wastes that are not remediation wastes.
[50 FR 28747, July 15, 1985, as amended at 52 FR 45798, Dec. 1, 1987; 58 FR 8683, Feb. 16, 1993; 63 FR 65938,
Nov. 30, 1998; 71 FR 40272, July 14, 2006]
G—
Source: 51 FR 16444, May 2, 1986, unless otherwise noted.
§264.110 Applicability.
Except as §264.1 provides otherwise:
(a) Sections 264.111 through 264.115 (which concern closure) apply to the owners and operators of all hazardous
waste management facilities; and
(b) Sections 264.116 through 264.120 (which concern post-closure care) apply to the owners and operators of:
(1) All hazardous waste disposal facilities;
(2) Waste piles and surface impoundments from which the owner or operator intends to remove the wastes at closure
to the extent that these sections are made applicable to such facilities in §264.228 or §264.258;
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(3) Tank systems that are required under §264.197 to meet the requirements for landfills; and
(4) Containment buildings that are required under §264.1102 to meet the requirement for landfills.
(c) The Regional Administrator may replace all or part of the requirements of this subpart (and the unit-specific
standards referenced in §264.111(c) applying to a regulated unit), with alternative requirements set out in a permit or
in an enforceable document (as defined in 40 CFR 270.1(c)(7)), where the Regional Administrator determines that:
(1) The regulated unit is situated among solid waste management units (or areas of concern), a release has occurred,
and both the regulated unit and one or more solid waste management unit(s) (or areas of concern) are likely to have
contributed to the release; and
(2) It is not necessary to apply the closure requirements of this subpart (and those referenced herein) because the
alternative requirements will protect human health and the environment and will satisfy the closure performance
standard of §264.111 (a) and (b).
[51 FR 16444, May 2, 1986, as amended at 51 FR 25472, July 14, 1986; 57 FR 37264, Aug. 18, 1992; 63 FR 56733,
Oct. 22, 1998]
§ 264.111 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 part, including, but not limited to, the requirements of §§264.178,
264.197, 264.228, 264.258, 264.280, 264.310, 264.351, 264.601 through 264.603, and 264.1102.
[51 FR 16444, May 2, 1986, as amended at 52 FR 46963, Dec. 10, 1987; 57 FR 37265, Aug. 18, 1992; 71 FR 40272,
July 14, 2006]
§ 264.112 Closure plan; amendment of plan.
(a) Written plan. (1) The owner or operator of a hazardous waste management facility must have a written closure
plan. In addition, certain surface impoundments and waste piles from which the owner or operator intends to remove
or decontaminate the hazardous waste at partial or final closure are required by §§264.228(c)(1 )(i) and
264.258(c)(1 )(i) to have contingent closure plans. The plan must be submitted with the permit application, in
accordance with §270.14(b)(13) of this chapter, and approved by the Regional Administrator as part of the permit
issuance procedures under part 124 of this chapter. In accordance with §270.32 of this chapter, the approved closure
plan will become a condition of any RCRA permit.
(2) The Director's approval of the plan must ensure that the approved closure plan is consistent with §§264.111
through 264.115 and the applicable requirements of subpart F of this part, §§264.178, 264.197, 264.228, 264.258,
264.280, 264.310, 264.351, 264.601, and 264.1102. Until final closure is completed and certified in accordance with
§264.115, a copy of the approved plan and all approved revisions must be furnished to the Director upon request,
including requests by mail.
(b) Content of plan. The plan must identify steps necessary to perform partial and/or final closure of the facility at any
point during its active life. The closure plan must include, at least:
(1) A description of how each hazardous waste management unit at the facility will be closed in accordance with
§264.111;
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(2) A description of how final closure of the facility will be conducted in accordance with §264.111. The description
must identify the maximum extent of the operations which will be unclosed during the active life of the facility; and
(3) An estimate of the maximum inventory of hazardous wastes ever on-site over the active life of the facility and a
detailed description of the methods to be used during partial closures and final closure, including, but not limited to,
methods for removing, transporting, treating, storing, or disposing of all hazardous wastes, and identification of the
type(s) of the off-site hazardous waste management units to be used, if applicable; and
(4) A detailed description of the steps needed to remove or decontaminate all hazardous waste residues and
contaminated containment system components, equipment, structures, and soils during partial and final closure,
including, but not limited to, procedures for cleaning equipment and removing contaminated soils, methods for
sampling and testing surrounding soils, and criteria for determining the extent of decontamination required to satisfy
the closure performance standard; and
(5) A detailed description of other activities necessary during the closure period to ensure that all partial closures and
final closure satisfy the closure performance standards, including, but not limited to, ground-water monitoring,
leachate collection, and run-on and run-off control; and
(6) A schedule for closure of each hazardous waste management unit and for final closure of the facility. The
schedule must include, at a minimum, the total time required to close each hazardous waste management unit and
the time required for intervening closure activities which will allow tracking of the progress of partial and final closure.
(For example, in the case of a landfill unit, estimates of the time required to treat or dispose of all hazardous waste
inventory and of the time required to place a final cover must be included.)
(7) For facilities that use trust funds to establish financial assurance under §264.143 or §264.145 and that are
expected to close prior to the expiration of the permit, an estimate of the expected year of final closure.
(8) For facilities where the Regional Administrator has applied alternative requirements at a regulated unit under
§§264.90(f), 264.110(c), and/or §264.140(d), either the alternative requirements applying to the regulated unit, ora
reference to the enforceable document containing those alternative requirements.
(c) Amendment of plan. The owner or operator must submit a written notification of or request for a permit
modification to authorize a change in operating plans, facility design, or the approved closure plan in accordance with
the applicable procedures in parts 124 and 270. The written notification or request must include a copy of the
amended closure plan for review or approval by the Regional Administrator.
(1) The owner or operator may submit a written notification or request to the Regional Administrator for a permit
modification to amend the closure plan at any time prior to the notification of partial or final closure of the facility.
(2) The owner or operator must submit a written notification of or request for a permit modification to authorize a
change in the approved closure plan whenever:
(i) Changes in operating plans or facility design affect the closure plan, or
(ii) There is a change in the expected year of closure, if applicable, or
(iii) In conducting partial or final closure activities, unexpected events require a modification of the approved closure
plan.
(iv) The owner or operator requests the Regional Administrator to apply alternative requirements to a regulated unit
under §§264.90(f), 264.110(c), and/or §264.140(d).
(3) The owner or operator must submit a written request for a permit modification including a copy of the amended
closure plan for approval at least 60 days prior to the proposed change in facility design or operation, or no later than
60 days after an unexpected event has occurred which has affected the closure plan. If an unexpected event occurs
during the partial or final closure period, the owner or operator must request a permit modification no later than 30
days after the unexpected event. An owner or operator of a surface impoundment or waste pile that intends to
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remove all hazardous waste at closure and is not otherwise required to prepare a contingent closure plan under
§264.228(c)(1)(i) or§264.258(c)(1)(i), must submit an amended closure plan to the Regional Administrator no later
than 60 days from the date that the owner or operator or Regional Administrator determines that the hazardous waste
management unit must be closed as a landfill, subject to the requirements of §264.310, or no later than 30 days from
that date if the determination is made during partial or final closure. The Regional Administrator will approve,
disapprove, or modify this amended plan in accordance with the procedures in parts 124 and 270. In accordance with
§270.32 of this chapter, the approved closure plan will become a condition of any RCRA permit issued.
(4) The Regional Administrator may request modifications to the plan under the conditions described in
§264.112(c)(2). The owner or operator must submit the modified plan within 60 days of the Regional Administrator's
request, or within 30 days if the change in facility conditions occurs during partial or final closure. Any modifications
requested by the Regional Administrator will be approved in accordance with the procedures in parts 124 and 270.
(d) Notification of partial closure and final closure. (1) The owner or operator must notify the Regional Administrator in
writing at least 60 days prior to the date on which he expects to begin closure of a surface impoundment, waste pile,
land treatment or landfill unit, or final closure of a facility with such a unit. The owner or operator must notify the
Regional Administrator in writing at least 45 days prior to the date on which he expects to begin final closure of a
facility with only treatment or storage tanks, container storage, or incinerator units to be closed. The owner or
operator must notify the Regional Administrator in writing at least 45 days prior to the date on which he expects to
begin partial or final closure of a boiler or industrial furnace, whichever is earlier.
(2) The date when he "expects to begin closure" must be either:
(i) No later than 30 days after the date on which any hazardous waste management unit receives the known final
volume of hazardous wastes, or if there is a reasonable possibility that the hazardous waste management unit will
receive additional hazardous wastes, no later than one year after the date on which the unit received the most recent
volume of hazardous wastes. If the owner or operator of a hazardous waste management unit can demonstrate to the
Regional Administrator that the hazardous waste management unit or facility has the capacity to receive additional
hazardous wastes and he has taken all steps to prevent threats to human health and the environment, including
compliance with all applicable permit requirements, the Regional Administrator may approve an extension to this one-
year limit; or
(ii) For units meeting the requirements of §264.113(d), no later than 30 days after the date on which the hazardous
waste management unit receives the known final volume of non-hazardous wastes, or if there is a reasonable
possibility that the hazardous waste management unit will receive additional non-hazardous wastes, no later than one
year after the date on which the unit received the most recent volume of non-hazardous wastes. If the owner or
operator can demonstrate to the Regional Administrator that the hazardous waste management unit has the capacity
to receive additional non-hazardous wastes and he has taken, and will continue to take, all steps to prevent threats to
human health and the environment, including compliance with all applicable permit requirements, the Regional
Administrator may approve an extension to this one-year limit.
(3) If the facility's permit is terminated, or if the facility is otherwise ordered, by judicial decree or final order under
section 3008 of RCRA, to cease receiving hazardous wastes or to close, then the requirements of this paragraph do
not apply. However, the owner or operator must close the facility in accordance with the deadlines established in
§264.113.
(e) Removal of wastes and decontamination or dismantling of equipment. Nothing in this section shall preclude the
owner or operator from removing hazardous wastes and decontaminating or dismantling equipment in accordance
with the approved partial or final closure plan at any time before or after notification of partial or final closure.
[51 FR 16444, May 2, 1986, as amended at 52 FR 46963, Dec. 10, 1987; 53 FR 37935, Sept. 28, 1988; 54 FR
33394, Aug. 14, 1989; 56 FR 7207, Feb. 21, 1991; 57 FR 37265, Aug. 18, 1992; 63 FR 56733, Oct. 22, 1998; 71 FR
40272, July 14, 2006]
§ 264.113 Closure; time allowed for closure.
(a) Within 90 days after receiving the final volume of hazardous wastes, or the final volume of non-hazardous wastes
if the owner or operator complies with all applicable requirements in paragraphs (d) and (e) of this section, at a
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hazardous waste management unit or facility, the owner or operator must treat, remove from the unit or facility, or
dispose of on-site, all hazardous wastes in accordance with the approved closure plan. The Regional Administrator
may approve a longer period if the owner or operator complies with all applicable requirements for requesting a
modification to the permit and demonstrates that:
(1)(i) The activities required to comply with this paragraph will, of necessity, take longer than 90 days to complete; or
(ii)(A) The hazardous waste management unit or facility has the capacity to receive additional hazardous wastes, or
has the capacity to receive non-hazardous wastes if the owner or operator complies with paragraphs (d) and (e) of
this section; and
(B) There is a reasonable likelihood that he or another person will recommence operation of the hazardous waste
management unit or the facility within one year; and
(C) Closure of the hazardous waste management unit or facility would be incompatible with continued operation of
the site; and
(2) He has taken and will continue to take all steps to prevent threats to human health and the environment, including
compliance with all applicable permit requirements.
(b) The owner or operator must complete partial and final closure activities in accordance with the approved closure
plan and within 180 days after receiving the final volume of hazardous wastes, or the final volume of non-hazardous
wastes if the owner or operator complies with all applicable requirements in paragraphs (d) and (e) of this section, at
the hazardous waste management unit or facility. The Regional Administrator may approve an extension to the
closure period if the owner or operator complies with all applicable requirements for requesting a modification to the
permit and demonstrates that:
(1)(i) The partial or final closure activities will, of necessity, take longer than 180 days to complete; or
(ii)(A) The hazardous waste management unit or facility has the capacity to receive additional hazardous wastes, or
has the capacity to receive non-hazardous wastes if the owner or operator complies with paragraphs (d) and (e) of
this section; and
(B) There is reasonable likelihood that he or another person will recommence operation of the hazardous waste
management unit or the facility within one year; and
(C) Closure of the hazardous waste management unit or facility would be incompatible with continued operation of
the site; and
(2) He has taken and will continue to take all steps to prevent threats to human health and the environment from the
unclosed but not operating hazardous waste management unit or facility, including compliance with all applicable
permit requirements.
(c) The demonstrations referred to in paragraphs (a)(1) and (b)(1) of this section must be made as follows:
(1)The demonstrations in paragraph (a)(1) of this section must be made at least 30 days prior to the expiration of the
90-day period in paragraph (a) of this section; and
(2) The demonstration in paragraph (b)(1) of this section must be made at least 30 days prior to the expiration of the
180-day period in paragraph (b) of this section, unless the owner or operator is otherwise subject to the deadlines in
paragraph (d) of this section.
(d) The Regional Administrator may allow an owner or operator to receive only non-hazardous wastes in a landfill,
land treatment, or surface impoundment unit after the final receipt of hazardous wastes at that unit if:
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(1) The owner or operator requests a permit modification in compliance with all applicable requirements in parts 270
and 124 of this title and in the permit modification request demonstrates that:
(i) The unit has the existing design capacity as indicated on the part A application to receive non-hazardous wastes;
and
(ii) There is a reasonable likelihood that the owner or operator or another person will receive non-hazardous wastes
in the unit within one year after the final receipt of hazardous wastes; and
(iii) The non-hazardous wastes will not be incompatible with any remaining wastes in the unit, or with the facility
design and operating requirements of the unit or facility under this part; and
(iv) Closure of the hazardous waste management unit would be incompatible with continued operation of the unit or
facility; and
(v) The owner or operator is operating and will continue to operate in compliance with all applicable permit
requirements; and
(2) The request to modify the permit includes an amended waste analysis plan, ground-water monitoring and
response program, human exposure assessment required under RCRA section 3019, and closure and post-closure
plans, and updated cost estimates and demonstrations of financial assurance for closure and post-closure care as
necessary and appropriate, to reflect any changes due to the presence of hazardous constituents in the non-
hazardous wastes, and changes in closure activities, including the expected year of closure if applicable under
§264.112(b)(7), as a result of the receipt of non-hazardous wastes following the final receipt of hazardous wastes;
and
(3) The request to modify the permit includes revisions, as necessary and appropriate, to affected conditions of the
permit to account for the receipt of non-hazardous wastes following receipt of the final volume of hazardous wastes;
and
(4) The request to modify the permit and the demonstrations referred to in paragraphs (d)(1) and (d)(2) of this section
are submitted to the Regional Administrator no later than 120 days prior to the date on which the owner or operator of
the facility receives the known final volume of hazardous wastes at the unit, or no later than 90 days after the
effective date of this rule in the state in which the unit is located, whichever is later.
(e) In addition to the requirements in paragraph (d) of this section, an owner or operator of a hazardous waste surface
impoundment that is not in compliance with the liner and leachate collection system requirements in 42 U.S.C.
3004(o)(1) and 3005(j)(1) or 42 U.S.C. 3004(o) (2) or (3) or 3005(j) (2), (3), (4) or (13) must:
(1) Submit with the request to modify the permit:
(i) A contingent corrective measures plan, unless a corrective action plan has already been submitted under §264.99;
and
(ii) A plan for removing hazardous wastes in compliance with paragraph (e)(2) of this section; and
(2) Remove all hazardous wastes from the unit by removing all hazardous liquids, and removing all hazardous
sludges to the extent practicable without impairing the integrity of the liner(s), if any.
(3) Removal of hazardous wastes must be completed no later than 90 days after the final receipt of hazardous
wastes. The Regional Administrator may approve an extension to this deadline if the owner or operator demonstrates
that the removal of hazardous wastes will, of necessity, take longer than the allotted period to complete and that an
extension will not pose a threat to human health and the environment.
(4) If a release that is a statistically significant increase (or decrease in the case of pH) over background values for
detection monitoring parameters or constituents specified in the permit or that exceeds the facility's ground-water
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protection standard at the point of compliance, if applicable, is detected in accordance with the requirements in
subpart F of this part, the owner or operator of the unit:
(i) Must implement corrective measures in accordance with the approved contingent corrective measures plan
required by paragraph (e)(1) of this section no later than one year after detection of the release, or approval of the
contingent corrective measures plan, whichever is later;
(ii) May continue to receive wastes at the unit following detection of the release only if the approved corrective
measures plan includes a demonstration that continued receipt of wastes will not impede corrective action; and
(iii) May be required by the Regional Administrator to implement corrective measures in less than one year or to
cease the receipt of wastes until corrective measures have been implemented if necessary to protect human health
and the environment.
(5) During the period of corrective action, the owner or operator shall provide annual reports to the Regional
Administrator describing the progress of the corrective action program, compile all ground-water monitoring data, and
evaluate the effect of the continued receipt of non-hazardous wastes on the effectiveness of the corrective action.
(6) The Regional Administrator may require the owner or operator to commence closure of the unit if the owner or
operator fails to implement corrective action measures in accordance with the approved contingent corrective
measures plan within one year as required in paragraph (e)(4) of this section, or fails to make substantial progress in
implementing corrective action and achieving the facility's ground-water protection standard or background levels if
the facility has not yet established a ground-water protection standard.
(7) If the owner or operator fails to implement corrective measures as required in paragraph (e)(4) of this section, or if
the Regional Administrator determines that substantial progress has not been made pursuant to paragraph (e)(6) of
this section he shall:
(i) Notify the owner or operator in writing that the owner or operator must begin closure in accordance with the
deadlines in paragraphs (a) and (b) of this section and provide a detailed statement of reasons for this determination,
and
(ii) Provide the owner or operator and the public, through a newspaper notice, the opportunity to submit written
comments on the decision no later than 20 days after the date of the notice.
(iii) If the Regional Administrator receives no written comments, the decision will become final five days after the
close of the comment period. The Regional Administrator will notify the owner or operator that the decision is final,
and that a revised closure plan, if necessary, must be submitted within 15 days of the final notice and that closure
must begin in accordance with the deadlines in paragraphs (a) and (b) of this section.
(iv) If the Regional Administrator receives written comments on the decision, he shall make a final decision within 30
days after the end of the comment period, and provide the owner or operator in writing and the public through a
newspaper notice, a detailed statement of reasons for the final decision. If the Regional Administrator determines that
substantial progress has not been made, closure must be initiated in accordance with the deadlines in paragraphs (a)
and (b) of this section.
(v) The final determinations made by the Regional Administrator under paragraphs (e)(7) (iii) and (iv) of this section
are not subject to administrative appeal.
[51 FR 16444, May 2, 1986, as amended at 54 FR 33394, Aug. 14, 1989; 71 FR 16904, Apr. 4, 2006]
§ 264.114 Disposal or decontamination of equipment, structures and soils.
During the partial and final closure periods, all contaminated equipment, structures and soils must be properly
disposed of or decontaminated unless otherwise specified in §§264.197, 264.228, 264.258, 264.280 or §264.310. By
removing any hazardous wastes or hazardous constituents during partial and final closure, the owner or operator may
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become a generator of hazardous waste and must handle that waste in accordance with all applicable requirements
of part 262 of this chapter.
[51 FR 16444, May 2, 1986, as amended at 52 FR 46963, Dec. 10, 1987; 53 FR 34086, Sept. 2, 1988]
§264.115 Certification of closure.
Within 60 days of completion of closure of each hazardous waste surface impoundment, waste pile, land treatment,
and landfill unit, and within 60 days of the completion of final closure, the owner or operator must submit to the
Regional Administrator, by registered mail, a certification that the hazardous waste management unit or facility, as
applicable, has been closed in accordance with the specifications in the approved closure plan. The certification must
be signed by the owner or operator and by a qualified Professional Engineer. Documentation supporting the
Professional Engineer's certification must be furnished to the Regional Administrator upon request until he releases
the owner or operator from the financial assurance requirements for closure under §264.143(1).
[71 FR 16904, Apr. 4, 2006, as amended at 71 FR 40272, July 14, 2006]
§264.116 Survey plat.
No later than the submission of the certification of closure of each hazardous waste disposal unit, the owner or
operator must submit to the local zoning authority, or the authority with jurisdiction over local land use, and to the
Regional Administrator, a survey plat indicating the location and dimensions of landfill cells or other hazardous waste
disposal units with respect to permanently surveyed benchmarks. This plat must be prepared and certified by a
professional land surveyor. The plat filed with the local zoning authority, or the authority with jurisdiction over local
land use, must contain a note, prominently displayed, which states the owner's or operator's obligation to restrict
disturbance of the hazardous waste disposal unit in accordance with the applicable subpart G regulations.
[51 FR 16444, May 2, 1986, as amended at 71 FR 40272, July 14, 2006]
§ 264.117 Post-closure care and use of property.
(a)(1) Post-closure care for each hazardous waste management unit subject to the requirements of §§264.117
through 264.120 must begin after completion of closure of the unit and continue for 30 years after that date and must
consist of at least the following:
(i) Monitoring and reporting in accordance with the requirements of subparts F, K, L, M, N, and X of this part; and
(ii) Maintenance and monitoring of waste containment systems in accordance with the requirements of subparts F, K,
L, M, N, and X of this part.
(2) Any time preceding partial closure of a hazardous waste management unit subject to post-closure care
requirements or final closure, or any time during the post-closure period for a particular unit, the Regional
Administrator may, in accordance with the permit modification procedures in parts 124 and 270:
(i) Shorten the post-closure care period applicable to the hazardous waste management unit, or facility, if all disposal
units have been closed, if he finds that the reduced period is sufficient to protect human health and the environment
(e.g., leachate or ground-water monitoring results, characteristics of the hazardous wastes, application of advanced
technology, or alternative disposal, treatment, or re-use techniques indicate that the hazardous waste management
unit or facility is secure); or
(ii) Extend the post-closure care period applicable to the hazardous waste management unit or facility if he finds that
the extended period is necessary to protect human health and the environment (e.g., leachate or ground-water
monitoring results indicate a potential for migration of hazardous wastes at levels which may be harmful to human
health and the environment).
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(b) The Regional Administrator may require, at partial and final closure, continuation of any of the security
requirements of §264.14 during part or all of the post-closure period when:
(1) Hazardous wastes may remain exposed after completion of partial or final closure; or
(2) Access by the public or domestic livestock may pose a hazard to human health.
(c) Post-closure use of property on or in which hazardous wastes remain after partial or final closure must never be
allowed to disturb the integrity of the final cover, liner(s), or any other components of the containment system, or the
function of the facility's monitoring systems, unless the Regional Administrator finds that the disturbance:
(1) Is necessary to the proposed use of the property, and will not increase the potential hazard to human health or the
environment; or
(2) Is necessary to reduce a threat to human health or the environment.
(d) All post-closure care activities must be in accordance with the provisions of the approved post-closure plan as
specified in §264.118.
[51 FR 16444, May 2, 1986, as amended at 52 FR 46963, Dec. 10, 1987]
§ 264.118 Post-closure plan; amendment of plan.
(a) Written Plan. The owner or operator of a hazardous waste disposal unit must have a written post-closure plan. In
addition, certain surface impoundments and waste piles from which the owner or operator intends to remove or
decontaminate the hazardous wastes at partial or final closure are required by §§264.228(c)(1 )(ii) and
264.258(c)(1 )(ii) to have contingent post-closure plans. Owners or operators of surface impoundments and waste
piles not otherwise required to prepare contingent post-closure plans under §§264.228(c)(1)(ii) and 264.258(c)(1)(ii)
must submit a post-closure plan to the Regional Administrator within 90 days from the date that the owner or operator
or Regional administrator determines that the hazardous waste management unit must be closed as a landfill, subject
to the requirements of §§264.117 through 264.120. The plan must be submitted with the permit application, in
accordance with §270.14(b)(13) of this chapter, and approved by the Regional Administrator as part of the permit
issuance procedures under part 124 of this chapter. In accordance with §270.32 of this chapter, the approved post-
closure plan will become a condition of any RCRA permit issued.
(b) For each hazardous waste management unit subject to the requirements of this section, the post-closure plan
must identify the activities that will be carried on after closure of each disposal unit and the frequency of these
activities, and include at least:
(1) A description of the planned monitoring activities and frequencies at which they will be performed to comply with
subparts F, K, L, M, N, and X of this part during the post-closure care period; and
(2) A description of the planned maintenance activities, and frequencies at which they will be performed, to ensure:
(i) The integrity of the cap and final cover or other containment systems in accordance with the requirements of
subparts F, K, L, M, N, and X of this part; and
(ii) The function of the monitoring equipment in accordance with the requirements of subparts, F, K, L, M, N, and X of
this part; and
(3) The name, address, and phone number of the person or office to contact about the hazardous waste disposal unit
or facility during the post-closure care period.
(4) For facilities where the Regional Administrator has applied alternative requirements at a regulated unit under
§§264.90(f), 264.110(c), and/or §§264.140(d), either the alternative requirements that apply to the regulated unit, ora
reference to the enforceable document containing those requirements.
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(c) Until final closure of the facility, a copy of the approved post-closure plan must be furnished to the Regional
Administrator upon request, including request by mail. After final closure has been certified, the person or office
specified in §264.118(b)(3) must keep the approved post-closure plan during the remainder of the post-closure
period.
(d) Amendment of plan. The owner or operator must submit a written notification of or request for a permit
modification to authorize a change in the approved post-closure plan in accordance with the applicable requirements
in parts 124 and 270. The written notification or request must include a copy of the amended post-closure plan for
review or approval by the Regional Administrator.
(1) The owner or operator may submit a written notification or request to the Regional Administrator for a permit
modification to amend the post-closure plan at any time during the active life of the facility or during the post-closure
care period.
(2) The owner or operator must submit a written notification of or request for a permit modification to authorize a
change in the approved post-closure plan whenever:
(i) Changes in operating plans or facility design affect the approved post-closure plan, or
(ii) There is a change in the expected year of final closure, if applicable, or
(iii) Events which occur during the active life of the facility, including partial and final closures, affect the approved
post-closure plan.
(iv) The owner or operator requests the Regional Administrator to apply alternative requirements to a regulated unit
under §§264.90(f), 264.110(c), and/or §264.140(d).
(3) The owner or operator must submit a written request for a permit modification at least 60 days prior to the
proposed change in facility design or operation, or no later than 60 days after an unexpected event has occurred
which has affected the post-closure plan. An owner or operator of a surface impoundment or waste pile that intends
to remove all hazardous waste at closure and is not otherwise required to submit a contingent post-closure plan
under §§264.228(c)(1 )(ii) and 264.258(c)(1 )(ii) must submit a post-closure plan to the Regional Administrator no later
than 90 days after the date that the owner or operator or Regional Administrator determines that the hazardous waste
management unit must be closed as a landfill, subject to the requirements of §264.310. The Regional Administrator
will approve, disapprove or modify this plan in accordance with the procedures in parts 124 and 270. In accordance
with §270.32 of this chapter, the approved post-closure plan will become a permit condition.
(4) The Regional Administrator may request modifications to the plan under the conditions described in
§264.118(d)(2). The owner or operator must submit the modified plan no later than 60 days after the Regional
Administrator's request, or no later than 90 days if the unit is a surface impoundment or waste pile not previously
required to prepare a contingent post-closure plan. Any modifications requested by the Regional Administrator will be
approved, disapproved, or modified in accordance with the procedures in parts 124 and 270.
[51 FR 16444, May 2, 1986, as amended at 52 FR 46964, Dec. 10, 1987; 53 FR 37935, Sept. 28, 1988; 63 FR
56733, Oct. 22, 1998; 71 FR 40272, July 14, 2006]
§264.119 Post-closure notices.
(a) No later than 60 days after certification of closure of each hazardous waste disposal unit, the owner or operator
must submit to the local zoning authority, or the authority with jurisdiction over local land use, and to the Regional
Administrator a record of the type, location, and quantity of hazardous wastes disposed of within each cell or other
disposal unit of the facility. For hazardous wastes disposed of before January 12, 1981, the owner or operator must
identify the type, location, and quantity of the hazardous wastes to the best of his knowledge and in accordance with
any records he has kept.
(b) Within 60 days of certification of closure of the first hazardous waste disposal unit and within 60 days of
certification of closure of the last hazardous waste disposal unit, the owner or operator must:
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(1) Record, in accordance with State law, a notation on the deed to the facility property—or on some other instrument
which is normally examined during title search—that will in perpetuity notify any potential purchaser of the property
that:
(i) The land has been used to manage hazardous wastes; and
(ii) Its use is restricted under 40 CFR part 264, subpart G regulations; and
(iii) The survey plat and record of the type, location, and quantity of hazardous wastes disposed of within each cell or
other hazardous waste disposal unit of the facility required by §§264.116 and 264.119(a) have been filed with the
local zoning authority or the authority with jurisdiction over local land use and with the Regional Administrator; and
(2) Submit a certification, signed by the owner or operator, that he has recorded the notation specified in paragraph
(b)(1) of this section, including a copy of the document in which the notation has been placed, to the Regional
Administrator.
(c) If the owner or operator or any subsequent owner or operator of the land upon which a hazardous waste disposal
unit is located wishes to remove hazardous wastes and hazardous waste residues, the liner, if any, or contaminated
soils, he must request a modification to the post-closure permit in accordance with the applicable requirements in
parts 124 and 270. The owner or operator must demonstrate that the removal of hazardous wastes will satisfy the
criteria of §264.117(c). By removing hazardous waste, the owner or operator may become a generator of hazardous
waste and must manage it in accordance with all applicable requirements of this chapter. If he is granted a permit
modification or otherwise granted approval to conduct such removal activities, the owner or operator may request that
the Regional Administrator approve either:
(1) The removal of the notation on the deed to the facility property or other instrument normally examined during title
search; or
(2) The addition of a notation to the deed or instrument indicating the removal of the hazardous waste.
[51 FR 16444, May 2, 1986, as amended at 71 FR 40272, July 14, 2006]
§ 264.120 Certification of completion of post-closure care.
No later than 60 days after completion of the established post-closure care period for each hazardous waste disposal
unit, the owner or operator must submit to the Regional Administrator, by registered mail, a certification that the post-
closure care period for the hazardous waste disposal unit was performed in accordance with the specifications in the
approved post-closure plan. The certification must be signed by the owner or operator and a qualified Professional
Engineer. Documentation supporting the Professional Engineer's certification must be furnished to the Regional
Administrator upon request until he releases the owner or operator from the financial assurance requirements for
post-closure care under §264.145(1).
[71 FR 16904, Apr. 4, 2006]
Source: 47 FR 15047, Apr. 7, 1982, unless otherwise noted.
§ 264.140 Applicability.
(a) The requirements of §§264.142, 264.143, and 264.147 through 264.151 apply to owners and operators of all
hazardous waste facilities, except as provided otherwise in this section or in §264.1.
(b)The requirements of §§264.144 and 264.145 apply only to owners and operators of:
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(1) Disposal facilities;
(2) Piles, and surface impoundments from which the owner or operator intends to remove the wastes at closure, to
the extent that these sections are made applicable to such facilities in §§264.228 and 264.258;
(3) Tank systems that are required under §264.197 to meet the requirements for landfills; and
(4) Containment buildings that are required under §264.1102 to meet the requirements for landfills.
(c) States and the Federal government are exempt from the requirements of this subpart.
(d) The Regional Administrator may replace all or part of the requirements of this subpart applying to a regulated unit
with alternative requirements for financial assurance set out in the permit or in an enforceable document (as defined
in 40 CFR 270.1(c)(7)), where the Regional Administrator:
(1) Prescribes alternative requirements for the regulated unit under §264.90(f) and/or §264.110(c); and
(2) Determines that it is not necessary to apply the requirements of this subpart because the alternative financial
assurance requirements will protect human health and the environment.
[47 FR 15047, Apr. 7, 1982, as amended at 47 FR 32357, July 26, 1982; 51 FR 25472, July 14, 1986; 57 FR 37265,
Aug. 18, 1992; 63 FR 56733, Oct. 22, 1998; 71 FR 40272, July 14, 2006]
§ 264.141 Definitions of terms as used in this subpart.
(a) Closure plan means the plan for closure prepared in accordance with the requirements of §264.112.
(b) Current closure cost estimate means the most recent of the estimates prepared in accordance with §264.142 (a),
(b), and (c).
(c) Current post-closure cost estimate means the most recent of the estimates prepared in accordance with §264.144
(a), (b), and (c).
(d) Parent corporation means a corporation which directly owns at least 50 percent of the voting stock of the
corporation which is the facility owner or operator; the latter corporation is deemed a "subsidiary" of the parent
corporation.
(e) Post-closure plan means the plan for post-closure care prepared in accordance with the requirements of
§§264.117 through 264.120.
(f) The following terms are used in the specifications for the financial tests for closure, post-closure care, and liability
coverage. The definitions are intended to assist in the understanding of these regulations and are not intended to limit
the meanings of terms in a way that conflicts with generally accepted accounting practices.
Assets means all existing and all probable future economic benefits obtained or controlled by a particular entity.
Current assets means cash or other assets or resources commonly identified as those which are reasonably
expected to be realized in cash or sold or consumed during the normal operating cycle of the business.
Current liabilities means obligations whose liquidation is reasonably expected to require the use of existing resources
properly classifiable as current assets or the creation of other current liabilities.
Current plugging and abandonment cost estimate means the most recent of the estimates prepared in accordance
with §144.62(a), (b), and (c) of this title.
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Independently audited refers to an audit performed by an independent certified public accountant in accordance with
generally accepted auditing standards.
Liabilities means probable future sacrifices of economic benefits arising from present obligations to transfer assets or
provide services to other entities in the future as a result of past transactions or events.
Net working capital means current assets minus current liabilities.
Net worth means total assets minus total liabilities and is equivalent to owner's equity.
Tangible net worth means the tangible assets that remain after deducting liabilities; such assets would not include
intangibles such as goodwill and rights to patents or royalties.
(g) In the liability insurance requirements the terms bodily injury and property damage shall have the meanings given
these terms by applicable State law. However, these terms do not include those liabilities which, consistent with
standard industry practices, are excluded from coverage in liability policies for bodily injury and property damage. The
Agency intends the meanings of other terms used in the liability insurance requirements to be consistent with their
common meanings within the insurance industry. The definitions given below of several of the terms are intended to
assist in the understanding of these regulations and are not intended to limit their meanings in a way that conflicts
with general insurance industry usage.
Accidental occurrence means an accident, including continuous or repeated exposure to conditions, which results in
bodily injury or property damage neither expected nor intended from the standpoint of the insured.
Legal defense costs means any expenses that an insurer incurs in defending against claims of third parties brought
under the terms and conditions of an insurance policy.
Nonsudden accidental occurrence means an occurrence which takes place overtime and involves continuous or
repeated exposure.
Sudden accidental occurrence means an occurrence which is not continuous or repeated in nature.
(h) Substantial business relationship means the extent of a business relationship necessary under applicable State
law to make a guarantee contract issued incident to that relationship valid and enforceable. A "substantial business
relationship" must arise from a pattern of recent or ongoing business transactions, in addition to the guarantee itself,
such that a currently existing business relationship between the guarantor and the owner or operator is demonstrated
to the satisfaction of the applicable EPA Regional Administrator.
[47 FR 16554, Apr. 16, 1982, as amended at 51 FR 16447, May 2, 1986; 53 FR 33950, Sept. 1, 1988]
§ 264.142 Cost estimate for closure.
(a) The owner or operator must have a detailed written estimate, in current dollars, of the cost of closing the facility in
accordance with the requirements in §§264.111 through 264.115 and applicable closure requirements in §§264.178,
264.197, 264.228, 264.258, 264.280, 264.310, 264.351, 264.601 through 264.603, and 264.1102.
(1)The estimate must equal the cost of final closure at the point in the facility's active life when the extent and
manner of its operation would make closure the most expensive, as indicated by its closure plan (see §264.112(b));
and
(2) The closure cost estimate must be based on the costs to the owner or operator of hiring a third party to close the
facility. A third party is a party who is neither a parent nor a subsidiary of the owner or operator. (See definition of
parent corporation in §264.141(d).) The owner or operator may use costs for on-site disposal if he can demonstrate
that on-site disposal capacity will exist at all times over the life of the facility.
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(3) The closure cost estimate may not incorporate any salvage value that may be realized with the sale of hazardous
wastes, or non-hazardous wastes if applicable under §264.113(d), facility structures or equipment, land, or other
assets associated with the facility at the time of partial or final closure.
(4) The owner or operator may not incorporate a zero cost for hazardous wastes, or non-hazardous wastes if
applicable under §264.113(d), that might have economic value.
(b) During the active life of the facility, the owner or operator must adjust the closure cost estimate for inflation within
60 days prior to the anniversary date of the establishment of the financial instrument(s) used to comply with
§264.143. For owners and operators using the financial test or corporate guarantee, the closure cost estimate must
be updated for inflation within 30 days after the close of the firm's fiscal year and before submission of updated
information to the Regional Administrator as specified in §264.143(f)(3). The adjustment may be made by
recalculating the maximum costs of closure in current dollars, or by using an inflation factor derived from the most
recent Implicit Price Deflator for Gross National Product published by the U.S. Department of Commerce in its Survey
of Current Business, as specified in paragraphs (b)(1) and (2) of this section. The inflation factor is the result of
dividing the latest published annual Deflator by the Deflator for the previous year.
(1) The first adjustment is made by multiplying the closure cost estimate by the inflation factor. The result is the
adjusted closure cost estimate.
(2) Subsequent adjustments are made by multiplying the latest adjusted closure cost estimate by the latest inflation
factor.
(c) During the active life of the facility, the owner or operator must revise the closure cost estimate no later than 30
days after the Regional Administrator has approved the request to modify the closure plan, if the change in the
closure plan increases the cost of closure. The revised closure cost estimate must be adjusted for inflation as
specified in §264.142(b).
(d) The owner or operator must keep the following at the facility during the operating life of the facility: The latest
closure cost estimate prepared in accordance with §264.142 (a) and (c) and, when this estimate has been adjusted in
accordance with §264.142(b), the latest adjusted closure cost estimate.
[47 FR 15047, Apr. 7, 1982, as amended at 50 FR 4514, Jan. 31, 1985; 51 FR 16447, May 2, 1986; 52 FR 46964,
Dec. 10, 1987; 54 FR 33395, Aug. 14, 1989; 57 FR 37265, Aug. 18, 1992; 71 FR 40272, July 14, 2006]
§ 264.143 Financial assurance for closure.
An owner or operator of each facility must establish financial assurance for closure of the facility. He must choose
from the options as specified in paragraphs (a) through (f) of this section.
(a) Closure trust fund. (1) An owner or operator may satisfy the requirements of this section by establishing a closure
trust fund which conforms to the requirements of this paragraph and submitting an originally signed duplicate of the
trust agreement to the Regional Administrator. An owner or operator of a new facility must submit the originally
signed duplicate of the trust agreement to the Regional Administrator at least 60 days before the date on which
hazardous waste is first received for treatment, storage, or disposal. The trustee must be an entity which has the
authority to act as a trustee and whose trust operations are regulated and examined by a Federal or State agency.
(2) The wording of the trust agreement must be identical to the wording specified in §264.151(a)(1), and the trust
agreement must be accompanied by a formal certification of acknowledgment (for example, see §264.151 (a)(2)).
Schedule A of the trust agreement must be updated within 60 days after a change in the amount of the current
closure cost estimate covered by the agreement.
(3) Payments into the trust fund must be made annually by the owner or operator over the term of the initial RCRA
permit or over the remaining operating life of the facility as estimated in the closure plan, whichever period is shorter;
this period is hereafter referred to as the "pay-in period." The payments into the closure trust fund must be made as
follows:
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(i) For a new facility, the first payment must be made before the initial receipt of hazardous waste for treatment,
storage, or disposal. A receipt from the trustee for this payment must be submitted by the owner or operator to the
Regional Administrator before this initial receipt of hazardous waste. The first payment must be at least equal to the
current closure cost estimate, except as provided in §264.143(g), divided by the number of years in the pay-in period.
Subsequent payments must be made no later than 30 days after each anniversary date of the first payment. The
amount of each subsequent payment must be determined by this formula:
CE -
Next payments
7
where CE is the current closure cost estimate, CV is the current value of the trust fund, and Y is the
number of years remaining in the pay-in period.
(ii) If an owner or operator establishes a trust fund as specified in §265.143(a) of this chapter, and the value of that
trust fund is less than the current closure cost estimate when a permit is awarded for the facility, the amount of the
current closure cost estimate still to be paid into the trust fund must be paid in over the pay-in period as defined in
paragraph (a)(3) of this section. Payments must continue to be made no later than 30 days after each anniversary
date of the first payment made pursuant to part 265 of this chapter. The amount of each payment must be determined
by this formula:
CE - CV
Next payrnent= -
7
where CE is the current closure cost estimate, CV is the current value of the trust fund, and Y is the
number of years remaining in the pay-in period.
(4) The owner or operator may accelerate payments into the trust fund or he may deposit the full amount of the
current closure cost estimate at the time the fund is established. However, he must maintain the value of the fund at
no less than the value that the fund would have if annual payments were made as specified in paragraph (a)(3) of this
section.
(5) If the owner or operator establishes a closure trust fund after having used one or more alternate mechanisms
specified in this section or in §265.143 of this chapter, his first payment must be in at least the amount that the fund
would contain if the trust fund were established initially and annual payments made according to specifications of this
paragraph and §265.143(a) of this chapter, as applicable.
(6) After the pay-in period is completed, whenever the current closure cost estimate changes, the owner or operator
must compare the new estimate with the trustee's most recent annual valuation of the trust fund. If the value of the
fund is less than the amount of the new estimate, the owner or operator, within 60 days after the change in the cost
estimate, must either deposit an amount into the fund so that its value after this deposit at least equals the amount of
the current closure cost estimate, or obtain other financial assurance as specified in this section to cover the
difference.
(7) If the value of the trust fund is greater than the total amount of the current closure cost estimate, the owner or
operator may submit a written request to the Regional Administrator for release of the amount in excess of the current
closure cost estimate.
(8) If an owner or operator substitutes other financial assurance as specified in this section for all or part of the trust
fund, he may submit a written request to the Regional Administrator for release of the amount in excess of the current
closure cost estimate covered by the trust fund.
(9) Within 60 days after receiving a request from the owner or operator for release of funds as specified in paragraph
(a) (7) or (8) of this section, the Regional Administrator will instruct the trustee to release to the owner or operator
such funds as the Regional Administrator specifies in writing.
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(10) After beginning partial or final closure, an owner or operator or another person authorized to conduct partial or
final closure may request reimbursements for partial or final closure expenditures by submitting itemized bills to the
Regional Administrator. The owner or operator may request reimbursements for partial closure only if sufficient funds
are remaining in the trust fund to cover the maximum costs of closing the facility over its remaining operating life.
Within 60 days after receiving bills for partial or final closure activities, the Regional Administrator will instruct the
trustee to make reimbursements in those amounts as the Regional Administrator specifies in writing, if the Regional
Administrator determines that the partial or final closure expenditures are in accordance with the approved closure
plan, or otherwise justified. If the Regional Administrator has reason to believe that the maximum cost of closure over
the remaining life of the facility will be significantly greater than the value of the trust fund, he may withhold
reimbursements of such amounts as he deems prudent until he determines, in accordance with §264.143(1) that the
owner or operator is no longer required to maintain financial assurance for final closure of the facility. If the Regional
Administrator does not instruct the trustee to make such reimbursements, he will provide the owner or operator with a
detailed written statement of reasons.
(11) The Regional Administrator will agree to termination of the trust when:
(i) An owner or operator substitutes alternate financial assurance as specified in this section; or
(ii) The Regional Administrator releases the owner or operator from the requirements of this section in accordance
with §264.143(1).
(b) Surety bond guaranteeing payment into a closure trust fund. (1) An owner or operator may satisfy the
requirements of this section by obtaining a surety bond which conforms to the requirements of this paragraph and
submitting the bond to the Regional Administrator. An owner or operator of a new facility must submit the bond to the
Regional Administrator at least 60 days before the date on which hazardous waste is first received for treatment,
storage, or disposal. The bond must be effective before this initial receipt of hazardous waste. The surety company
issuing the bond must, at a minimum, be among those listed as acceptable sureties on Federal bonds in Circular 570
of the U.S. Department of the Treasury.
(2) The wording of the surety bond must be identical to the wording specified in §264.151 (b).
(3) The owner or operator who uses a surety bond to satisfy the requirements of this section must also establish a
standby trust fund. Under the terms of the bond, all payments made thereunder will be deposited by the surety
directly into the standby trust fund in accordance with instructions from the Regional Administrator. This standby trust
fund must meet the requirements specified in §264.143(a), except that:
(i) An originally signed duplicate of the trust agreement must be submitted to the Regional Administrator with the
surety bond; and
(ii) Until the standby trust fund is funded pursuant to the requirements of this section, the following are not required by
these regulations:
(A) Payments into the trust fund as specified in §264.143(a);
(B) Updating of Schedule A of the trust agreement (see §264.151 (a)) to show current closure cost estimates;
(C) Annual valuations as required by the trust agreement; and
(D) Notices of nonpayment as required by the trust agreement.
(4) The bond must guarantee that the owner or operator will:
(i) Fund the standby trust fund in an amount equal to the penal sum of the bond before the beginning of final closure
of the facility; or
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(ii) Fund the standby trust fund in an amount equal to the penal sum within 15 days after an administrative order to
begin final closure issued by the Regional Administrator becomes final, or within 15 days after an order to begin final
closure is issued by a U.S. district court or other court of competent jurisdiction; or
(iii) Provide alternate financial assurance as specified in this section, and obtain the Regional Administrator's written
approval of the assurance provided, within 90 days after receipt by both the owner or operator and the Regional
Administrator of a notice of cancellation of the bond from the surety.
(5) Under the terms of the bond, the surety will become liable on the bond obligation when the owner or operator fails
to perform as guaranteed by the bond.
(6) The penal sum of the bond must be in an amount at least equal to the current closure cost estimate, except as
provided in §264.143(g).
(7) Whenever the current closure cost estimate increases to an amount greater than the penal sum, the owner or
operator, within 60 days after the increase, must either cause the penal sum to be increased to an amount at least
equal to the current closure cost estimate and submit evidence of such increase to the Regional Administrator, or
obtain other financial assurance as specified in this section to cover the increase. Whenever the current closure cost
estimate decreases, the penal sum may be reduced to the amount of the current closure cost estimate following
written approval by the Regional Administrator.
(8) Under the terms of the bond, the surety may cancel the bond by sending notice of cancellation by certified mail to
the owner or operator and to the Regional Administrator. Cancellation may not occur, however, during the 120 days
beginning on the date of receipt of the notice of cancellation by both the owner or operator and the Regional
Administrator, as evidenced by the return receipts.
(9) The owner or operator may cancel the bond if the Regional Administrator has given prior written consent based on
his receipt of evidence of alternate financial assurance as specified in this section.
(c) Surety bond guaranteeing performance of closure. (1) An owner or operator may satisfy the requirements of this
section by obtaining a surety bond which conforms to the requirements of this paragraph and submitting the bond to
the Regional Administrator. An owner or operator of a new facility must submit the bond to the Regional Administrator
at least 60 days before the date on which hazardous waste is first received for treatment, storage, or disposal. The
bond must be effective before this initial receipt of hazardous waste. The surety company issuing the bond must, at a
minimum, be among those listed as acceptable sureties on Federal bonds in Circular 570 of the U.S. Department of
the Treasury.
(2) The wording of the surety bond must be identical to the wording specified in §264.151 (c).
(3) The owner or operator who uses a surety bond to satisfy the requirements of this section must also establish a
standby trust fund. Under the terms of the bond, all payments made thereunder will be deposited by the surety
directly into the standby trust fund in accordance with instructions from the Regional Administrator. This standby trust
must meet the requirements specified in §264.143(a), except that:
(i) An originally signed duplicate of the trust agreement must be submitted to the Regional Administrator with the
surety bond; and
(ii) Unless the standby trust fund is funded pursuant to the requirements of this section, the following are not required
by these regulations:
(A) Payments into the trust fund as specified in §264.143(a);
(B) Updating of Schedule A of the trust agreement (see §264.151 (a)) to show current closure cost estimates;
(C) Annual valuations as required by the trust agreement; and
(D) Notices of nonpayment as required by the trust agreement.
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(4) The bond must guarantee that the owner or operator will:
(i) Perform final closure in accordance with the closure plan and other requirements of the permit for the facility
whenever required to do so; or
(ii) Provide alternate financial assurance as specified in this section, and obtain the Regional Administrator's written
approval of the assurance provided, within 90 days after receipt by both the owner or operator and the Regional
Administrator of a notice of cancellation of the bond from the surety.
(5) Under the terms of the bond, the surety will become liable on the bond obligation when the owner or operator fails
to perform as guaranteed by the bond. Following a final administrative determination pursuant to section 3008 of
RCRA that the owner or operator has failed to perform final closure in accordance with the approved closure plan and
other permit requirements when required to do so, under the terms of the bond the surety will perform final closure as
guaranteed by the bond or will deposit the amount of the penal sum into the standby trust fund.
(6) The penal sum of the bond must be in an amount at least equal to the current closure cost estimate.
(7) Whenever the current closure cost estimate increases to an amount greater than the penal sum, the owner or
operator, within 60 days after the increase, must either cause the penal sum to be increased to an amount at least
equal to the current closure cost estimate and submit evidence of such increase to the Regional Administrator, or
obtain other financial assurance as specified in this section. Whenever the current closure cost estimate decreases,
the penal sum may be reduced to the amount of the current closure cost estimate following written approval by the
Regional Administrator.
(8) Under the terms of the bond, the surety may cancel the bond by sending notice of cancellation by certified mail to
the owner or operator and to the Regional Administrator. Cancellation may not occur, however, during the 120 days
beginning on the date of receipt of the notice of cancellation by both the owner or operator and the Regional
Administrator, as evidenced by the return receipts.
(9) The owner or operator may cancel the bond if the Regional Administrator has given prior written consent. The
Regional Administrator will provide such written consent when:
(i) An owner or operator substitutes alternate financial assurance as specified in this section; or
(ii) The Regional Administrator releases the owner or operator from the requirements of this section in accordance
with §264.143(1).
(10) The surety will not be liable for deficiencies in the performance of closure by the owner or operator after the
Regional Administrator releases the owner or operator from the requirements of this section in accordance with
§264.143(1).
(d) Closure letter of credit. (1) An owner or operator may satisfy the requirements of this section by obtaining an
irrevocable standby letter of credit which conforms to the requirements of this paragraph and submitting the letter to
the Regional Administrator. An owner or operator of a new facility must submit the letter of credit to the Regional
Administrator at least 60 days before the date on which hazardous waste is first received for treatment, storage, or
disposal. The letter of credit must be effective before this initial receipt of hazardous waste. The issuing institution
must be an entity which has the authority to issue letters of credit and whose letter-of-credit operations are regulated
and examined by a Federal or State agency.
(2) The wording of the letter of credit must be identical to the wording specified in §264.151 (d).
(3) An owner or operator who uses a letter of credit to satisfy the requirements of this section must also establish a
standby trust fund. Under the terms of the letter of credit, all amounts paid pursuant to a draft by the Regional
Administrator will be deposited by the issuing institution directly into the standby trust fund in accordance with
instructions from the Regional Administrator. This standby trust fund must meet the requirements of the trust fund
specified in §264.143(a), except that:
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(i) An originally signed duplicate of the trust agreement must be submitted to the Regional Administrator with the
letter of credit; and
(ii) Unless the standby trust fund is funded pursuant to the requirements of this section, the following are not required
by these regulations:
(A) Payments into the trust fund as specified in §264.143(a);
(B) Updating of Schedule A of the trust agreement (see §264.151 (a)) to show current closure cost estimates;
(C) Annual valuations as required by the trust agreement; and
(D) Notices of nonpayment as required by the trust agreement.
(4) The letter of credit must be accompanied by a letter from the owner or operator referring to the letter of credit by
number, issuing institution, and date, and providing the following information: the EPA Identification Number, name,
and address of the facility, and the amount of funds assured for closure of the facility by the letter of credit.
(5) The letter of credit must be irrevocable and issued for a period of at least 1 year. The letter of credit must provide
that the expiration date will be automatically extended fora period of at least 1 year unless, at least 120 days before
the current expiration date, the issuing institution notifies both the owner or operator and the Regional Administrator
by certified mail of a decision not to extend the expiration date. Under the terms of the letter of credit, the 120 days
will begin on the date when both the owner or operator and the Regional Administrator have received the notice, as
evidenced by the return receipts.
(6) The letter of credit must be issued in an amount at least equal to the current closure cost estimate, except as
provided in §264.143(g).
(7) Whenever the current closure cost estimate increases to an amount greater than the amount of the credit, the
owner or operator, within 60 days after the increase, must either cause the amount of the credit to be increased so
that it at least equals the current closure cost estimate and submit evidence of such increase to the Regional
Administrator, or obtain other financial assurance as specified in this section to cover the increase. Whenever the
current closure cost estimate decreases, the amount of the credit may be reduced to the amount of the current
closure cost estimate following written approval by the Regional Administrator.
(8) Following a final administrative determination pursuant to section 3008 of RCRA that the owner or operator has
failed to perform final closure in accordance with the closure plan and other permit requirements when required to do
so, the Regional Administrator may draw on the letter of credit.
(9) If the owner or operator does not establish alternate financial assurance as specified in this section and obtain
written approval of such alternate assurance from the Regional Administrator within 90 days after receipt by both the
owner or operator and the Regional Administrator of a notice from issuing institution that it has decided not to extend
the letter of credit beyond the current expiration date, the Regional Administrator will draw on the letter of credit. The
Regional Administrator may delay the drawing if the issuing institution grants an extension of the term of the credit.
During the last 30 days of any such extension the Regional Administrator will draw on the letter of credit if the owner
or operator has failed to provide alternate financial assurance as specified in this section and obtain written approval
of such assurance from the Regional Administrator.
(10) The Regional Administrator will return the letter of credit to the issuing institution for termination when:
(i) An owner or operator substitutes alternate financial assurance as specified in this section; or
(ii) The Regional Administrator releases the owner or operator from the requirements of this section in accordance
with §264.143(1).
(e) Closure insurance. (1) An owner or operator may satisfy the requirements of this section by obtaining closure
insurance which conforms to the requirements of this paragraph and submitting a certificate of such insurance to the
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Regional Administrator. An owner or operator of a new facility must submit the certificate of insurance to the Regional
Administrator at least 60 days before the date on which hazardous waste is first received for treatment, storage, or
disposal. The insurance must be effective before this initial receipt of hazardous waste. At a minimum, the insurer
must be licensed to transact the business of insurance, or eligible to provide insurance as an excess or surplus lines
insurer, in one or more States.
(2) The wording of the certificate of insurance must be identical to the wording specified in §264.151 (e).
(3) The closure insurance policy must be issued for a face amount at least equal to the current closure cost estimate,
except as provided in §264.143(g). The term "face amount" means the total amount the insurer is obligated to pay
under the policy. Actual payments by the insurer will not change the face amount, although the insurer's future liability
will be lowered by the amount of the payments.
(4) The closure insurance policy must guarantee that funds will be available to close the facility whenever final
closure occurs. The policy must also guarantee that once final closure begins, the insurer will be responsible for
paying out funds, up to an amount equal to the face amount of the policy, upon the direction of the Regional
Administrator, to such party or parties as the Regional Administrator specifies.
(5) After beginning partial or final closure, an owner or operator or any other person authorized to conduct closure
may request reimbursements for closure expenditures by submitting itemized bills to the Regional Administrator. The
owner or operator may request reimbursements for partial closure only if the remaining value of the policy is sufficient
to cover the maximum costs of closing the facility over its remaining operating life. Within 60 days after receiving bills
for closure activities, the Regional Administrator will instruct the insurer to make reimbursements in such amounts as
the Regional Administrator specifies in writing, if the Regional Administrator determines that the partial or final closure
expenditures are in accordance with the approved closure plan or otherwise justified. If the Regional Administrator
has reason to believe that the maximum cost of closure over the remaining life of the facility will be significantly
greater than the face amount of the policy, he may withhold reimbursements of such amounts as he deems prudent
until he determines, in accordance with §264.143(1), that the owner or operator is no longer required to maintain
financial assurance for final closure of the facility. If the Regional Administrator does not instruct the insurer to make
such reimbursements, he will provide the owner or operator with a detailed written statement of reasons.
(6) The owner or operator must maintain the policy in full force and effect until the Regional Administrator consents to
termination of the policy by the owner or operator as specified in paragraph (e)(10) of this section. Failure to pay the
premium, without substitution of alternate financial assurance as specified in this section, will constitute a significant
violation of these regulations, warranting such remedy as the Regional Administrator deems necessary. Such
violation will be deemed to begin upon receipt by the Regional Administrator of a notice of future cancellation,
termination, or failure to renew due to nonpayment of the premium, rather than upon the date of expiration.
(7) Each policy must contain a provision allowing assignment of the policy to a successor owner or operator. Such
assignment may be conditional upon consent of the insurer, provided such consent is not unreasonably refused.
(8) The policy must provide that the insurer may not cancel, terminate, or fail to renew the policy except for failure to
pay the premium. The automatic renewal of the policy must, at a minimum, provide the insured with the option of
renewal at the face amount of the expiring policy. If there is a failure to pay the premium, the insurer may elect to
cancel, terminate, or fail to renew the policy by sending notice by certified mail to the owner or operator and the
Regional Administrator. Cancellation, termination, or failure to renew may not occur, however, during the 120 days
beginning with the date of receipt of the notice by both the Regional Administrator and the owner or operator, as
evidenced by the return receipts. Cancellation, termination, or failure to renew may not occur and the policy will
remain in full force and effect in the event that on or before the date of expiration:
(i) The Regional Administrator deems the facility abandoned; or
(ii) The permit is terminated or revoked or a new permit is denied; or
(iii) Closure is ordered by the Regional Administrator or a U.S. district court or other court of competent jurisdiction; or
(iv) The owner or operator is named as debtor in a voluntary or involuntary proceeding under Title 11 (Bankruptcy),
U.S. Code; or
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(v) The premium due is paid.
(9) Whenever the current closure cost estimate increases to an amount greater than the face amount of the policy,
the owner or operator, within 60 days after the increase, must either cause the face amount to be increased to an
amount at least equal to the current closure cost estimate and submit evidence of such increase to the Regional
Administrator, or obtain other financial assurance as specified in this section to cover the increase. Whenever the
current closure cost estimate decreases, the face amount may be reduced to the amount of the current closure cost
estimate following written approval by the Regional Administrator.
(10) The Regional Administrator will give written consent to the owner or operator that he may terminate the
insurance policy when:
(i) An owner or operator substitutes alternate financial assurance as specified in this section; or
(ii) The Regional Administrator releases the owner or operator from the requirements of this section in accordance
with §264.143(1).
(f) Financial test and corporate guarantee for closure. (1) An owner or operator may satisfy the requirements of this
section by demonstrating that he passes a financial test as specified in this paragraph. To pass this test the owner or
operator must meet the criteria of either paragraph (f)(1 )(i) or (ii) of this section:
(i) The owner or operator must have:
(A) Two of the following three ratios: a ratio of total liabilities to net worth less than 2.0; a ratio of the sum of net
income plus depreciation, depletion, and amortization to total liabilities greater than 0.1; and a ratio of current assets
to current liabilities greater than 1.5; and
(B) Net working capital and tangible net worth each at least six times the sum of the current closure and post-closure
cost estimates and the current plugging and abandonment cost estimates; and
(C) Tangible net worth of at least $10 million; and
(D) Assets located in the United States amounting to at least 90 percent of total assets or at least six times the sum of
the current closure and post-closure cost estimates and the current plugging and abandonment cost estimates.
(ii) The owner or operator must have:
(A) A current rating for his most recent bond issuance of AAA, AA, A, or BBS as issued by Standard and Poor's or
Aaa, Aa, A, or Baa as issued by Moody's; and
(B) Tangible net worth at least six times the sum of the current closure and post-closure cost estimates and the
current plugging and abandonment cost estimates; and
(C) Tangible net worth of at least $10 million; and
(D) Assets located in the United States amounting to at least 90 percent of total assets or at least six times the sum of
the current closure and post-closure cost estimates and the current plugging and abandonment cost estimates.
(2) The phrase "current closure and post-closure cost estimates" as used in paragraph (f)(1) of this section refers to
the cost estimates required to be shown in paragraphs 1-4 of the letter from the owner's or operator's chief financial
officer (§264.151 (f)). The phrase "current plugging and abandonment cost estimates" as used in paragraph (f)(1) of
this section refers to the cost estimates required to be shown in paragraphs 1-4 of the letter from the owner's or
operator's chief financial officer (§144.70(f) of this title).
(3) To demonstrate that he meets this test, the owner or operator must submit the following items to the Regional
Administrator:
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(i) A letter signed by the owner's or operator's chief financial officer and worded as specified in §264.151 (f); and
(ii) A copy of the independent certified public accountant's report on examination of the owner's or operator's financial
statements for the latest completed fiscal year; and
(iii) A special report from the owner's or operator's independent certified public accountant to the owner or operator
stating that:
(A) He has compared the data which the letter from the chief financial officer specifies as having been derived from
the independently audited, year-end financial statements for the latest fiscal year with the amounts in such financial
statements; and
(B) In connection with that procedure, no matters came to his attention which caused him to believe that the specified
data should be adjusted.
(4) An owner or operator of a new facility must submit the items specified in paragraph (f)(3) of this section to the
Regional Administrator at least 60 days before the date on which hazardous waste is first received for treatment,
storage, or disposal.
(5) After the initial submission of items specified in paragraph (f)(3) of this section, the owner or operator must send
updated information to the Regional Administrator within 90 days after the close of each succeeding fiscal year. This
information must consist of all three items specified in paragraph (f)(3) of this section.
(6) If the owner or operator no longer meets the requirements of paragraph (f)(1) of this section, he must send notice
to the Regional Administrator of intent to establish alternate financial assurance as specified in this section. The
notice must be sent by certified mail within 90 days after the end of the fiscal year for which the year-end financial
data show that the owner or operator no longer meets the requirements. The owner or operator must provide the
alternate financial assurance within 120 days after the end of such fiscal year.
(7) The Regional Administrator may, based on a reasonable belief that the owner or operator may no longer meet the
requirements of paragraph (f)(1) of this section, require reports of financial condition at any time from the owner or
operator in addition to those specified in paragraph (f)(3) of this section. If the Regional Administrator finds, on the
basis of such reports or other information, that the owner or operator no longer meets the requirements of paragraph
(f)(1) of this section, the owner or operator must provide alternate financial assurance as specified in this section
within 30 days after notification of such a finding.
(8) The Regional Administrator may disallow use of this test on the basis of qualifications in the opinion expressed by
the independent certified public accountant in his report on examination of the owner's or operator's financial
statements (see paragraph (f)(3)(ii) of this section). An adverse opinion or a disclaimer of opinion will be cause for
disallowance. The Regional Administrator will evaluate other qualifications on an individual basis. The owner or
operator must provide alternate financial assurance as specified in this section within 30 days after notification of the
disallowance.
(9) The owner or operator is no longer required to submit the items specified in paragraph (f)(3) of this section when:
(i) An owner or operator substitutes alternate financial assurance as specified in this section; or
(ii) The Regional Administrator releases the owner or operator from the requirements of this section in accordance
with §264.143(1).
(10) An owner or operator may meet the requirements of this section by obtaining a written guarantee. The guarantor
must be the direct or higher-tier parent corporation of the owner or operator, a firm whose parent corporation is also
the parent corporation of the owner or operator, or a firm with a "substantial business relationship" with the owner or
operator. The guarantor must meet the requirements for owners or operators in paragraphs (f)(1) through (8) of this
section and must comply with the terms of the guarantee. The wording of the guarantee must be identical to the
wording specified in §264.151 (h). The certified copy of the guarantee must accompany the items sent to the Regional
Administrator as specified in paragraph (f)(3) of this section. One of these items must be the letter from the
guarantor's chief financial officer. If the guarantor's parent corporation is also the parent corporation of the owner or
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operator, the letter must describe the value received in consideration of the guarantee. If the guarantor is a firm with a
"substantial business relationship" with the owner or operator, this letter must describe this "substantial business
relationship" and the value received in consideration of the guarantee. The terms of the guarantee must provide that:
(i) If the owner or operator fails to perform final closure of a facility covered by the corporate guarantee in accordance
with the closure plan and other permit requirements whenever required to do so, the guarantor will do so or establish
a trust fund as specified in §264.143(a) in the name of the owner or operator.
(ii) The corporate guarantee will remain in force unless the guarantor sends notice of cancellation by certified mail to
the owner or operator and to the Regional Administrator. Cancellation may not occur, however, during the 120 days
beginning on the date of receipt of the notice of cancellation by both the owner or operator and the Regional
Administrator, as evidenced by the return receipts.
(iii) If the owner or operator fails to provide alternate financial assurance as specified in this section and obtain the
written approval of such alternate assurance from the Regional Administrator within 90 days after receipt by both the
owner or operator and the Regional Administrator of a notice of cancellation of the corporate guarantee from the
guarantor, the guarantor will provide such alternative financial assurance in the name of the owner or operator.
(g) Use of multiple financial mechanisms. An owner or operator may satisfy the requirements of this section by
establishing more than one financial mechanism per facility. These mechanisms are limited to trust funds, surety
bonds guaranteeing payment into a trust fund, letters of credit, and insurance. The mechanisms must be as specified
in paragraphs (a), (b), (d), and (e), respectively, of this section, except that it is the combination of mechanisms,
rather than the single mechanism, which must provide financial assurance for an amount at least equal to the current
closure cost estimate. If an owner or operator uses a trust fund in combination with a surety bond or a letter of credit,
he may use the trust fund as the standby trust fund for the other mechanisms. A single standby trust fund may be
established for two or more mechanisms. The Regional Administrator may use any or all of the mechanisms to
provide for closure of the facility.
(h) Use of a financial mechanism for multiple facilities. An owner or operator may use a financial assurance
mechanism specified in this section to meet the requirements of this section for more than one facility. Evidence of
financial assurance submitted to the Regional Administrator must include a list showing, for each facility, the EPA
Identification Number, name, address, and the amount of funds for closure assured by the mechanism. If the facilities
covered by the mechanism are in more than one Region, identical evidence of financial assurance must be submitted
to and maintained with the Regional Administrators of all such Regions. The amount of funds available through the
mechanism must be no less than the sum of funds that would be available if a separate mechanism had been
established and maintained for each facility. In directing funds available through the mechanism for closure of any of
the facilities covered by the mechanism, the Regional Administrator may direct only the amount of funds designated
for that facility, unless the owner or operator agrees to the use of additional funds available under the mechanism.
(i) Release of the owner or operator from the requirements of this section . Within 60 days after receiving
certifications from the owner or operator and a qualified Professional Engineer that final closure has been completed
in accordance with the approved closure plan, the Regional Administrator will notify the owner or operator in writing
that he is no longer required by this section to maintain financial assurance for final closure of the facility, unless the
Regional Administrator has reason to believe that final closure has not been in accordance with the approved closure
plan. The Regional Administrator shall provide the owner or operator a detailed written statement of any such reason
to believe that closure has not been in accordance with the approved closure plan.
[47 FR 15047, Apr. 7, 1982, as amended at 51 FR 16448, May 2, 1986; 57 FR 42835, Sept. 16, 1992; 71 FR 16905,
Apr. 4, 2006; 71 FR 40272, July 14, 2006]
§ 264.144 Cost estimate for post-closure care.
(a) The owner or operator of a disposal surface impoundment, disposal miscellaneous unit, land treatment unit, or
landfill unit, or of a surface impoundment or waste pile required under §§264.228 and 264.258 to prepare a
contingent closure and post-closure plan, must have a detailed written estimate, in current dollars, of the annual cost
of post-closure monitoring and maintenance of the facility in accordance with the applicable post-closure regulations
in §§264.117 through 264.120, 264.228, 264.258, 264.280, 264.310, and 264.603.
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(1) The post-closure cost estimate must be based on the costs to the owner or operator of hiring a third party to
conduct post-closure care activities. A third party is a party who is neither a parent nor a subsidiary of the owner or
operator. (See definition of parent corporation in §264.141(d).)
(2) The post-closure cost estimate is calculated by multiplying the annual post-closure cost estimate by the number of
years of post-closure care required under §264.117.
(b) During the active life of the facility, the owner or operator must adjust the post-closure cost estimate for inflation
within 60 days prior to the anniversary date of the establishment of the financial instrument(s) used to comply with
§264.145. For owners or operators using the financial test or corporate guarantee, the post-closure cost estimate
must be updated for inflation within 30 days after the close of the firm's fiscal year and before the submission of
updated information to the Regional Administrator as specified in §264.145(f)(5). The adjustment may be made by
recalculating the post-closure cost estimate in current dollars or by using an inflation factor derived from the most
recent Implicit Price Deflator for Gross National Product published by the U.S. Department of Commerce in its Survey
of Current Business as specified in §264.145(b)(1) and (2). The inflation factor is the result of dividing the latest
published annual Deflator by the Deflator for the previous year.
(1) The first adjustment is made by multiplying the post-closure cost estimate by the inflation factor. The result is the
adjusted post-closure cost estimate.
(2) Subsequent adjustments are made by multiplying the latest adjusted post-closure cost estimate by the latest
inflation factor.
(c) During the active life of the facility, the owner or operator must revise the post-closure cost estimate within 30
days after the Regional Administrator has approved the request to modify the post-closure plan, if the change in the
post-closure plan increases the cost of post-closure care. The revised post-closure cost estimate must be adjusted
for inflation as specified in §264.144(b).
(d) The owner or operator must keep the following at the facility during the operating life of the facility: The latest post-
closure cost estimate prepared in accordance with §264.144 (a) and (c) and, when this estimate has been adjusted in
accordance with §264.144(b), the latest adjusted post-closure cost estimate.
[47 FR 15047, Apr. 7, 1982, as amended at 47 FR 32357, July 26, 1982; 50 FR 4514, Jan. 31, 1985; 51 FR 16449,
May 2, 1986; 52 FR 46964, Dec. 10, 1987]
§ 264.145 Financial assurance for post-closure care.
The owner or operator of a hazardous waste management unit subject to the requirements of §264.144 must
establish financial assurance for post-closure care in accordance with the approved post-closure plan for the facility
60 days prior to the initial receipt of hazardous waste or the effective date of the regulation, whichever is later. He
must choose from the following options:
(a) Post-closure trust fund. (1) An owner or operator may satisfy the requirements of this section by establishing a
post-closure trust fund which conforms to the requirements of this paragraph and submitting an originally signed
duplicate of the trust agreement to the Regional Administrator. An owner or operator of a new facility must submit the
originally signed duplicate of the trust agreement to the Regional Administrator at least 60 days before the date on
which hazardous waste is first received for disposal. The trustee must be an entity which has the authority to act as a
trustee and whose trust operations are regulated and examined by a Federal or State agency.
(2) The wording of the trust agreement must be identical to the wording specified in §264.151(a)(1), and the trust
agreement must be accompanied by a formal certification of acknowledgment (for example, see §264.151 (a)(2)).
Schedule A of the trust agreement must be updated within 60 days after a change in the amount of the current post-
closure cost estimate covered by the agreement.
(3) Payments into the trust fund must be made annually by the owner or operator over the term of the initial RCRA
permit or over the remaining operating life of the facility as estimated in the closure plan, whichever period is shorter;
this period is hereafter referred to as the "pay-in period." The payments into the post-closure trust fund must be made
as follows:
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(i) For a new facility, the first payment must be made before the initial receipt of hazardous waste for disposal. A
receipt from the trustee for this payment must be submitted by the owner or operator to the Regional Administrator
before this initial receipt of hazardous waste. The first payment must be at least equal to the current post-closure cost
estimate, except as provided in §264.145(g), divided by the number of years in the pay-in period. Subsequent
payments must be made no later than 30 days after each anniversary date of the first payment. The amount of each
subsequent payment must be determined by this formula:
CE -
Next payments
7
where CE is the current post-closure cost estimate, CV is the current value of the trust fund, and Y is the
number of years remaining in the pay-in period.
(ii) If an owner or operator establishes a trust fund as specified in §265.145(a) of this chapter, and the value of that
trust fund is less than the current post-closure cost estimate when a permit is awarded for the facility, the amount of
the current post-closure cost estimate still to be paid into the fund must be paid in over the pay-in period as defined in
paragraph (a)(3) of this section. Payments must continue to be made no later than 30 days after each anniversary
date of the first payment made pursuant to Part 265 of this chapter. The amount of each payment must be
determined by this formula:
CE - CV
Next payrnent= -
7
where CE is the current post-closure cost estimate, CV is the current value of the trust fund, and Y is the
number of years remaining in the pay-in period.
(4) The owner or operator may accelerate payments into the trust fund or he may deposit the full amount of the
current post-closure cost estimate at the time the fund is established. However, he must maintain the value of the
fund at no less than the value that the fund would have if annual payments were made as specified in paragraph
(a)(3) of this section.
(5) If the owner or operator establishes a post-closure trust fund after having used one or more alternate mechanisms
specified in this section or in §265.145 of this chapter, his first payment must be in at least the amount that the fund
would contain if the trust fund were established initially and annual payments made according to specifications of this
paragraph and §265.145(a) of this chapter, as applicable.
(6) After the pay-in period is completed, whenever the current post-closure cost estimate changes during the
operating life of the facility, the owner or operator must compare the new estimate with the trustee's most recent
annual valuation of the trust fund. If the value of the fund is less than the amount of the new estimate, the owner or
operator, within 60 days after the change in the cost estimate, must either deposit an amount into the fund so that its
value after this deposit at least equals the amount of the current post-closure cost estimate, or obtain other financial
assurance as specified in this section to cover the difference.
(7) During the operating life of the facility, if the value of the trust fund is greater than the total amount of the current
post-closure cost estimate, the owner or operator may submit a written request to the Regional Administrator for
release of the amount in excess of the current post-closure cost estimate.
(8) If an owner or operator substitutes other financial assurance as specified in this section for all or part of the trust
fund, he may submit a written request to the Regional Administrator for release of the amount in excess of the current
post-closure cost estimate covered by the trust fund.
(9) Within 60 days after receiving a request from the owner or operator for release of funds as specified in paragraph
(a) (7) or (8) of this section, the Regional Administrator will instruct the trustee to release to the owner or operator
such funds as the Regional Administrator specifies in writing.
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(10) During the period of post-closure care, the Regional Administrator may approve a release of funds if the owner
or operator demonstrates to the Regional Administrator that the value of the trust fund exceeds the remaining cost of
post-closure care.
(11) An owner or operator or any other person authorized to conduct post-closure care may request reimbursements
for post-closure care expenditures by submitting itemized bills to the Regional Administrator. Within 60 days after
receiving bills for post-closure care activities, the Regional Administrator will instruct the trustee to make
reimbursements in those amounts as the Regional Administrator specifies in writing, if the Regional Administrator
determines that the post-closure care expenditures are in accordance with the approved post-closure plan or
otherwise justified. If the Regional Administrator does not instruct the trustee to make such reimbursements, he will
provide the owner or operator with a detailed written statement of reasons.
(12) The Regional Administrator will agree to termination of the trust when:
(i) An owner or operator substitutes alternate financial assurance as specified in this section; or
(ii) The Regional Administrator releases the owner or operator from the requirements of this section in accordance
with §264.145(1).
(b) Surety bond guaranteeing payment into a post-closure trust fund. (1) An owner or operator may satisfy the
requirements of this section by obtaining a surety bond which conforms to the requirements of this paragraph and
submitting the bond to the Regional Administrator. An owner or operator of a new facility must submit the bond to the
Regional Administrator at least 60 days before the date on which hazardous waste is first received for disposal. The
bond must be effective before this initial receipt of hazardous waste. The surety company issuing the bond must, at a
minimum, be among those listed as acceptable sureties on Federal bonds in Circular 570 of the U.S. Department of
the Treasury.
(2) The wording of the surety bond must be identical to the wording specified in §264.151 (b).
(3) The owner or operator who uses a surety bond to satisfy the requirements of this section must also establish a
standby trust fund. Under the terms of the bond, all payments made thereunder will be deposited by the surety
directly into the standby trust fund in accordance with instructions from the Regional Administrator. This standby trust
fund must meet the requirements specified in §264.145(a), except that:
(i) An originally signed duplicate of the trust agreement must be submitted to the Regional Administrator with the
surety bond; and
(ii) Until the standby trust fund is funded pursuant to the requirements of this section, the following are not required by
these regulations:
(A) Payments into the trust fund as specified in §264.145(a);
(B) Updating of Schedule A of the trust agreement (see §264.151 (a)) to show current post-closure cost estimates;
(C) Annual valuations as required by the trust agreement; and
(D) Notices of nonpayment as required by the trust agreement.
(4) The bond must guarantee that the owner or operator will:
(i) Fund the standby trust fund in an amount equal to the penal sum of the bond before the beginning of final closure
of the facility; or
(ii) Fund the standby trust fund in an amount equal to the penal sum within 15 days after an administrative order to
begin final closure issued by the Regional Administrator becomes final, or within 15 days after an order to begin final
closure is issued by a U.S. district court or other court of competent jurisdiction; or
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(iii) Provide alternate financial assurance as specified in this section, and obtain the Regional Administrator's written
approval of the assurance provided, within 90 days after receipt by both the owner or operator and the Regional
Administrator of a notice of cancellation of the bond from the surety.
(5) Under the terms of the bond, the surety will become liable on the bond obligation when the owner or operator fails
to perform as guaranteed by the bond.
(6) The penal sum of the bond must be in an amount at least equal to the current post-closure cost estimate, except
as provided in §264.145(g).
(7) Whenever the current post-closure cost estimate increases to an amount greater than the penal sum, the owner
or operator, within 60 days after the increase, must either cause the penal sum to be increased to an amount at least
equal to the current post-closure cost estimate and submit evidence of such increase to the Regional Administrator,
or obtain other financial assurance as specified in this section to cover the increase. Whenever the current post-
closure cost estimate decreases, the penal sum may be reduced to the amount of the current post-closure cost
estimate following written approval by the Regional Administrator.
(8) Underthe terms of the bond, the surety may cancel the bond by sending notice of cancellation by certified mail to
the owner or operator and to the Regional Administrator. Cancellation may not occur, however, during the 120 days
beginning on the date of receipt of the notice of cancellation by both the owner or operator and the Regional
Administrator, as evidenced by the return receipts.
(9) The owner or operator may cancel the bond if the Regional Administrator has given prior written consent based on
his receipt of evidence of alternate financial assurance as specified in this section.
(c) Surety bond guaranteeing performance of post-closure care. (1) An owner or operator may satisfy the
requirements of this section by obtaining a surety bond which conforms to the requirements of this paragraph and
submitting the bond to the Regional Administrator. An owner or operator of a new facility must submit the bond to the
Regional Administrator at least 60 days before the date on which hazardous waste is first received for disposal. The
bond must be effective before this initial receipt of hazardous waste. The surety company issuing the bond must, at a
minimum, be among those listed as acceptable sureties on Federal bonds in Circular 570 of the U.S. Department of
the Treasury.
(2) The wording of the surety bond must be identical to the wording specified in §264.151 (c).
(3) The owner or operator who uses a surety bond to satisfy the requirements of this section must also establish a
standby trust fund. Under the terms of the bond, all payments made thereunder will be deposited by the surety
directly into the standby trust fund in accordance with instructions from the Regional Administrator. This standby trust
fund must meet the requirements specified in §264.145(a), except that:
(i) An originally signed duplicate of the trust agreement must be submitted to the Regional Administrator with the
surety bond; and
(ii) Unless the standby trust fund is funded pursuant to the requirements of this section, the following are not required
by these regulations:
(A) Payments into the trust fund as specified in §264.145(a);
(B) Updating of Schedule A of the trust agreement (see §264.151 (a)) to show current post-closure cost estimates;
(C) Annual valuations as required by the trust agreement; and
(D) Notices of nonpayment as required by the trust agreement.
(4) The bond must guarantee that the owner or operator will:
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(i) Perform post-closure care in accordance with the post-closure plan and other requirements of the permit for the
facility; or
(ii) Provide alternate financial assurance as specified in this section, and obtain the Regional Administrator's written
approval of the assurance provided, within 90 days of receipt by both the owner or operator and the Regional
Administrator of a notice of cancellation of the bond from the surety.
(5) Under the terms of the bond, the surety will become liable on the bond obligation when the owner or operator fails
to perform as guaranteed by the bond. Following a final administrative determination pursuant to section 3008 of
RCRA that the owner or operator has failed to perform post-closure care in accordance with the approved post-
closure plan and other permit requirements, under the terms of the bond the surety will perform post-closure care in
accordance with the post-closure plan and other permit requirements or will deposit the amount of the penal sum into
the standby trust fund.
(6) The penal sum of the bond must be in an amount at least equal to the current post-closure cost estimate.
(7) Whenever the current post-closure cost estimate increases to an amount greater than the penal sum during the
operating life of the facility, the owner or operator, within 60 days after the increase, must either cause the penal sum
to be increased to an amount at least equal to the current post-closure cost estimate and submit evidence of such
increase to the Regional Administrator, or obtain other financial assurance as specified in this section. Whenever the
current post-closure cost estimate decreases during the operating life of the facility, the penal sum may be reduced to
the amount of the current post-closure cost estimate following written approval by the Regional Administrator.
(8) During the period of post-closure care, the Regional Administrator may approve a decrease in the penal sum if the
owner or operator demonstrates to the Regional Administrator that the amount exceeds the remaining cost of post-
closure care.
(9) Under the terms of the bond, the surety may cancel the bond by sending notice of cancellation by certified mail to
the owner or operator and to the Regional Administrator. Cancellation may not occur, however, during the 120 days
beginning on the date of receipt of the notice of cancellation by both the owner or operator and the Regional
Administrator, as evidenced by the return receipts.
(10) The owner or operator may cancel the bond if the Regional Administrator has given prior written consent. The
Regional Administrator will provide such written consent when:
(i) An owner or operator substitutes alternate financial assurance as specified in this section; or
(ii) The Regional Administrator releases the owner or operator from the requirements of this section in accordance
with §264.145(1).
(11) The surety will not be liable for deficiencies in the performance of post-closure care by the owner or operator
after the Regional Administrator releases the owner or operator from the requirements of this section in accordance
with §264.145(1).
(d) Post-closure letter of credit. (1) An owner or operator may satisfy the requirements of this section by obtaining an
irrevocable standby letter of credit which conforms to the requirements of this paragraph and submitting the letter to
the Regional Administrator. An owner or operator of a new facility must submit the letter of credit to the Regional
Administrator at least 60 days before the date on which hazardous waste is first received for disposal. The letter of
credit must be effective before this initial receipt of hazardous waste. The issuing institution must be an entity which
has the authority to issue letters of credit and whose letter-of-credit operations are regulated and examined by a
Federal or State agency.
(2) The wording of the letter of credit must be identical to the wording specified in §264.151 (d).
(3) An owner or operator who uses a letter of credit to satisfy the requirements of this section must also establish a
standby trust fund. Under the terms of the letter of credit, all amounts paid pursuant to a draft by the Regional
Administrator will be deposited by the issuing institution directly into the standby trust fund in accordance with
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instructions from the Regional Administrator. This standby trust fund must meet the requirements of the trust fund
specified in §264.145(a), except that:
(i) An originally signed duplicate of the trust agreement must be submitted to the Regional Administrator with the
letter of credit; and
(ii) Unless the standby trust fund is funded pursuant to the requirements of this section, the following are not required
by these regulations:
(A) Payments into the trust fund as specified in §264.145(a);
(B) Updating of Schedule A of the trust agreement (see §264.151 (a)) to show current post-closure cost estimates;
(C) Annual valuations as required by the trust agreement; and
(D) Notices of nonpayment as required by the trust agreement.
(4) The letter of credit must be accompanied by a letter from the owner or operator referring to the letter of credit by
number, issuing institution, and date, and providing the following information: the EPA Identification Number, name,
and address of the facility, and the amount of funds assured for post-closure care of the facility by the letter of credit.
(5) The letter of credit must be irrevocable and issued for a period of at least 1 year. The letter of credit must provide
that the expiration date will be automatically extended fora period of at least 1 year unless, at least 120 days before
the current expiration date, the issuing institution notifies both the owner or operator and the Regional Administrator
by certified mail of a decision not to extend the expiration date. Under the terms of the letter of credit, the 120 days
will begin on the date when both the owner or operator and the Regional Administrator have received the notice, as
evidenced by the return receipts.
(6) The letter of credit must be issued in an amount at least equal to the current post-closure cost estimate, except as
provided in §264.145(g).
(7) Whenever the current post-closure cost estimate increases to an amount greater than the amount of the credit
during the operating life of the facility, the owner or operator, within 60 days after the increase, must either cause the
amount of the credit to be increased so that it at least equals the current post-closure cost estimate and submit
evidence of such increase to the Regional Administrator, or obtain other financial assurance as specified in this
section to cover the increase. Whenever the current post-closure cost estimate decreases during the operating life of
the facility, the amount of the credit may be reduced to the amount of the current post-closure cost estimate following
written approval by the Regional Administrator.
(8) During the period of post-closure care, the Regional Administrator may approve a decrease in the amount of the
letter of credit if the owner or operator demonstrates to the Regional Administrator that the amount exceeds the
remaining cost of post-closure care.
(9) Following a final administrative determination pursuant to section 3008 of RCRA that the owner or operator has
failed to perform post-closure care in accordance with the approved post-closure plan and other permit requirements,
the Regional Administrator may draw on the letter of credit.
(10) If the owner or operator does not establish alternate financial assurance as specified in this section and obtain
written approval of such alternate assurance from the Regional Administrator within 90 days after receipt by both the
owner or operator and the Regional Administrator of a notice from the issuing institution that it has decided not to
extend the letter of credit beyond the current expiration date, the Regional Administrator will draw on the letter of
credit. The Regional Administrator may delay the drawing if the issuing institution grants an extension of the term of
the credit. During the last 30 days of any such extension the Regional Administrator will draw on the letter of credit if
the owner or operator has failed to provide alternate financial assurance as specified in this section and obtain written
approval of such assurance from the Regional Administrator.
(11) The Regional Administrator will return the letter of credit to the issuing institution for termination when:
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(i) An owner or operator substitutes alternate financial assurance as specified in this section; or
(ii) The Regional Administrator releases the owner or operator from the requirements of this section in accordance
with §264.145(1).
(e) Post-closure insurance. (1) An owner or operator may satisfy the requirements of this section by obtaining post-
closure insurance which conforms to the requirements of this paragraph and submitting a certificate of such
insurance to the Regional Administrator. An owner or operator of a new facility must submit the certificate of
insurance to the Regional Administrator at least 60 days before the date on which hazardous waste is first received
for disposal. The insurance must be effective before this initial receipt of hazardous waste. At a minimum, the insurer
must be licensed to transact the business of insurance, or eligible to provide insurance as an excess or surplus lines
insurer, in one or more States.
(2) The wording of the certificate of insurance must be identical to the wording specified in §264.151 (e).
(3) The post-closure insurance policy must be issued for a face amount at least equal to the current post-closure cost
estimate, except as provided in §264.145(g). The term "face amount" means the total amount the insurer is obligated
to pay under the policy. Actual payments by the insurer will not change the face amount, although the insurer's future
liability will be lowered by the amount of the payments.
(4) The post-closure insurance policy must guarantee that funds will be available to provide post-closure care of the
facility whenever the post-closure period begins. The policy must also guarantee that once post-closure care begins,
the insurer will be responsible for paying out funds, up to an amount equal to the face amount of the policy, upon the
direction of the Regional Administrator, to such party or parties as the Regional Administrator specifies.
(5) An owner or operator or any other person authorized to conduct post-closure care may request reimbursements
for post-closure care expenditures by submitting itemized bills to the Regional Administrator. Within 60 days after
receiving bills for post-closure care activities, the Regional Administrator will instruct the insurer to make
reimbursements in those amounts as the Regional Administrator specifies in writing, if the Regional Administrator
determines that the post-closure care expenditures are in accordance with the approved post-closure plan or
otherwise justified. If the Regional Administrator does not instruct the insurer to make such reimbursements, he will
provide the owner or operator with a detailed written statement of reasons.
(6) The owner or operator must maintain the policy in full force and effect until the Regional Administrator consents to
termination of the policy by the owner or operator as specified in paragraph (e)(11) of this section. Failure to pay the
premium, without substitution of alternate financial assurance as specified in this section, will constitute a significant
violation of these regulations, warranting such remedy as the Regional Administrator deems necessary. Such
violation will be deemed to begin upon receipt by the Regional Administrator of a notice of future cancellation,
termination, or failure to renew due to nonpayment of the premium, rather than upon the date of expiration.
(7) Each policy must contain a provision allowing assignment of the policy to a successor owner or operator. Such
assignment may be conditional upon consent of the insurer, provided such consent is not unreasonably refused.
(8) The policy must provide that the insurer may not cancel, terminate, or fail to renew the policy except for failure to
pay the premium. The automatic renewal of the policy must, at a minimum, provide the insured with the option of
renewal at the face amount of the expiring policy. If there is a failure to pay the premium, the insurer may elect to
cancel, terminate, or fail to renew the policy by sending notice by certified mail to the owner or operator and the
Regional Administrator. Cancellation, termination, or failure to renew may not occur, however, during the 120 days
beginning with the date of receipt of the notice by both the Regional Administrator and the owner or operator, as
evidenced by the return receipts. Cancellation, termination, or failure to renew may not occur and the policy will
remain in full force and effect in the event that on or before the date of expiration:
(i) The Regional Administrator deems the facility abandoned; or
(ii) The permit is terminated or revoked or a new permit is denied; or
(iii) Closure is ordered by the Regional Administrator or a U.S. district court or other court of competent jurisdiction; or
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(iv) The owner or operator is named as debtor in a voluntary or involuntary proceeding under Title 11 (Bankruptcy),
U.S. Code; or
(v) The premium due is paid.
(9) Whenever the current post-closure cost estimate increases to an amount greater than the face amount of the
policy during the operating life of the facility, the owner or operator, within 60 days after the increase, must either
cause the face amount to be increased to an amount at least equal to the current post-closure cost estimate and
submit evidence of such increase to the Regional Administrator, or obtain other financial assurance as specified in
this section to cover the increase. Whenever the current post-closure cost estimate decreases during the operating
life of the facility, the face amount may be reduced to the amount of the current post-closure cost estimate following
written approval by the Regional Administrator.
(10) Commencing on the date that liability to make payments pursuant to the policy accrues, the insurer will thereafter
annually increase the face amount of the policy. Such increase must be equivalent to the face amount of the policy,
less any payments made, multiplied by an amount equivalent to 85 percent of the most recent investment rate or of
the equivalent coupon-issue yield announced by the U.S. Treasury for 26-week Treasury securities.
(11) The Regional Administrator will give written consent to the owner or operator that he may terminate the
insurance policy when:
(i) An owner or operator substitutes alternate financial assurance as specified in this section; or
(ii) The Regional Administrator releases the owner or operator from the requirements of this section in accordance
with §264.145(1).
(f) Financial test and corporate guarantee for post-closure care. (1) An owner or operator may satisfy the
requirements of this section by demonstrating that he passes a financial test as specified in this paragraph. To pass
this test the owner or operator must meet the criteria of either paragraph (f)(1)(i) or (ii) of this section:
(i) The owner or operator must have:
(A) Two of the following three ratios: a ratio of total liabilities to net worth less than 2.0; a ratio of the sum of net
income plus depreciation, depletion, and amortization to total liabilities greater than 0.1; and a ratio of current assets
to current liabilities greater than 1.5; and
(B) Net working capital and tangible net worth each at least six times the sum of the current closure and post-closure
cost estimates and the current plugging and abandonment cost estimates; and
(C) Tangible net worth of at least $10 million; and
(D) Assets in the United States amounting to at least 90 percent of his total assets or at least six times the sum of the
current closure and post-closure cost estimates and the current plugging and abandonment cost estimates.
(ii) The owner or operator must have:
(A) A current rating for his most recent bond issuance of AAA, AA, A, or BBS as issued by Standard and Poor's or
Aaa, Aa, A or Baa as issued by Moody's; and
(B) Tangible net worth at least six times the sum of the current closure and post-closure cost estimates and the
current plugging and abandonment cost estimates; and
(C) Tangible net worth of at least $10 million; and
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(D) Assets located in the United States amounting to at least 90 percent of his total assets or at least six times the
sum of the current closure and post-closure cost estimates and the current plugging and abandonment cost
estimates.
(2) The phrase "current closure and post-closure cost estimates" as used in paragraph (f)(1) of this section refers to
the cost estimates required to be shown in paragraphs 1-4 of the letter from the owner's or operator's chief financial
officer (§264.151 (f)). The phrase "current plugging and abandonment cost estimates" as used in paragraph (f)(1) of
this section refers to the cost estimates required to be shown in paragraphs 1-4 of the letter from the owner's or
operator's chief financial officer (§144.70(f) of this title).
(3) To demonstrate that he meets this test, the owner or operator must submit the following items to the Regional
Administrator:
(i) A letter signed by the owner's or operator's chief financial officer and worded as specified in §264.151 (f); and
(ii) A copy of the independent certified public accountant's report on examination of the owner's or operator's financial
statements for the latest completed fiscal year; and
(iii) A special report from the owner's or operator's independent certified public accountant to the owner or operator
stating that:
(A) He has compared the data which the letter from the chief financial officer specifies as having been derived from
the independently audited, year-end financial statements for the latest fiscal year with the amounts in such financial
statements; and
(B) In connection with that procedure, no matters came to his attention which caused him to believe that the specified
data should be adjusted.
(4) An owner or operator of a new facility must submit the items specified in paragraph (f)(3) of this section to the
Regional Administrator at least 60 days before the date on which hazardous waste is first received for disposal.
(5) After the initial submission of items specified in paragraph (f)(3) of this section, the owner or operator must send
updated information to the Regional Administrator within 90 days after the close of each succeeding fiscal year. This
information must consist of all three items specified in paragraph (f)(3) of this section.
(6) If the owner or operator no longer meets the requirements of paragraph (f)(1) of this section, he must send notice
to the Regional Administrator of intent to establish alternate financial assurance as specified in this section. The
notice must be sent by certified mail within 90 days after the end of the fiscal year for which the year-end financial
data show that the owner or operator no longer meets the requirements. The owner or operator must provide the
alternate financial assurance within 120 days after the end of such fiscal year.
(7) The Regional Administrator may, based on a reasonable belief that the owner or operator may no longer meet the
requirements of paragraph (f)(1) of this section, require reports of financial condition at any time from the owner or
operator in addition to those specified in paragraph (f)(3) of this section. If the Regional Administrator finds, on the
basis of such reports or other information, that the owner or operator no longer meets the requirements of paragraph
(f)(1) of this section, the owner or operator must provide alternate financial assurance as specified in this section
within 30 days after notification of such a finding.
(8) The Regional Administrator may disallow use of this test on the basis of qualifications in the opinion expressed by
the independent certified public accountant in his report on examination of the owner's or operator's financial
statements (see paragraph (f)(3)(ii) of this section). An adverse opinion or a disclaimer of opinion will be cause for
disallowance. The Regional Administrator will evaluate other qualifications on an individual basis. The owner or
operator must provide alternate financial assurance as specified in this section within 30 days after notification of the
disallowance.
(9) During the period of post-closure care, the Regional Administrator may approve a decrease in the current post-
closure cost estimate for which this test demonstrates financial assurance if the owner or operator demonstrates to
the Regional Administrator that the amount of the cost estimate exceeds the remaining cost of post-closure care.
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(10) The owner or operator is no longer required to submit the items specified in paragraph (f)(3) of this section when:
(i) An owner or operator substitutes alternate financial assurance as specified in this section; or
(ii) The Regional Administrator releases the owner or operator from the requirements of this section in accordance
with §264.145(1).
(11) An owner or operator may meet the requirements of this section by obtaining a written guarantee. The guarantor
must be the direct or higher-tier parent corporation of the owner or operator, a firm whose parent corporation is also
the parent corporation of the owner or operator, or a firm with a "substantial business relationship" with the owner or
operator. The guarantor must meet the requirements for owners or operators in paragraphs (f)(1) through (9) of this
section and must comply with the terms of the guarantee. The wording of the guarantee must be identical to the
wording specified in §264.151 (h). A certified copy of the guarantee must accompany the items sent to the Regional
Administrator as specified in paragraph (f)(3) of this section. One of these items must be the letter from the
guarantor's chief financial officer. If the guarantor's parent corporation is also the parent corporation of the owner or
operator, the letter must describe the value received in consideration of the guarantee. If the guarantor is a firm with a
"substantial business relationship" with the owner or operator, this letter must describe this "substantial business
relationship" and the value received in consideration of the guarantee. The terms of the guarantee must provide that:
(i) If the owner or operator fails to perform post-closure care of a facility covered by the corporate guarantee in
accordance with the post-closure plan and other permit requirements whenever required to do so, the guarantor will
do so or establish a trust fund as specified in §264.145(a) in the name of the owner or operator.
(ii) The corporate guarantee will remain in force unless the guarantor sends notice of cancellation by certified mail to
the owner or operator and to the Regional Administrator. Cancellation may not occur, however, during the 120 days
beginning on the date of receipt of the notice of cancellation by both the owner or operator and the Regional
Administrator, as evidenced by the return receipts.
(iii) If the owner or operator fails to provide alternate financial assurance as specified in this section and obtain the
written approval of such alternate assurance from the Regional Administrator within 90 days after receipt by both the
owner or operator and the Regional Administrator of a notice of cancellation of the corporate guarantee from the
guarantor, the guarantor will provide such alternate financial assurance in the name of the owner or operator.
(g) Use of multiple financial mechanisms. An owner or operator may satisfy the requirements of this section by
establishing more than one financial mechanism per facility. These mechanisms are limited to trust funds, surety
bonds guaranteeing payment into a trust fund, letters of credit, and insurance. The mechanisms must be as specified
in paragraphs (a), (b), (d), and (e), respectively, of this section, except that it is the combination of mechanisms,
rather than the single mechanism, which must provide financial assurance for an amount at least equal to the current
post-closure cost estimate. If an owner or operator uses a trust fund in combination with a surety bond or a letter of
credit, he may use the trust fund as the standby trust fund for the other mechanisms. A single standby trust fund may
be established for two or more mechanisms. The Regional Administrator may use any or all of the mechanisms to
provide for post-closure care of the facility.
(h) Use of a financial mechanism for multiple facilities. An owner or operator may use a financial assurance
mechanism specified in this section to meet the requirements of this section for more than one facility. Evidence of
financial assurance submitted to the Regional Administrator must include a list showing, for each facility, the EPA
Identification Number, name, address, and the amount of funds for post-closure care assured by the mechanism. If
the facilities covered by the mechanism are in more than one Region, identical evidence of financial assurance must
be submitted to and maintained with the Regional Administrators of all such Regions. The amount of funds available
through the mechanism must be no less than the sum of funds that would be available if a separate mechanism had
been established and maintained for each facility. In directing funds available through the mechanism for post-closure
care of any of the facilities covered by the mechanism, the Regional Administrator may direct only the amount of
funds designated for that facility, unless the owner or operator agrees to the use of additional funds available under
the mechanism.
(i) Release of the owner or operator from the requirements of this section . Within 60 days after receiving
certifications from the owner or operator and a qualified Professional Engineer that the post-closure care period has
been completed for a hazardous waste disposal unit in accordance with the approved plan, the Regional
Administrator will notify the owner or operator that he is no longer required to maintain financial assurance for post-
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closure of that unit, unless the Regional Administrator has reason to believe that post-closure care has not been in
accordance with the approved post-closure plan. The Regional Administrator shall provide the owner or operator a
detailed written statement of any such reason to believe that post-closure care has not been in accordance with the
approved post-closure plan.
[47 FR 15047, Apr. 7, 1982, as amended at 51 FR 16449, May 2, 1986; 57 FR 42836, Sept. 16, 1992; 71 FR 16905,
Apr. 4, 2006; 71 FR 40272, July 14, 2006]
§ 264.146 Use of a mechanism for financial assurance of both closure and post-closure care.
An owner or operator may satisfy the requirements for financial assurance for both closure and post-closure care for
one or more facilities by using a trust fund, surety bond, letter of credit, insurance, financial test, or corporate
guarantee that meets the specifications for the mechanism in both §§264.143 and 264.145. The amount of funds
available through the mechanism must be no less than the sum of funds that would be available if a separate
mechanism had been established and maintained for financial assurance of closure and of post-closure care.
§ 264.147 Liability requirements.
(a) Coverage for sudden accidental occurrences. An owner or operator of a hazardous waste treatment, storage, or
disposal facility, or a group of such facilities, must demonstrate financial responsibility for bodily injury and property
damage to third parties caused by sudden accidental occurrences arising from operations of the facility or group of
facilities. The owner or operator must have and maintain liability coverage for sudden accidental occurrences in the
amount of at least $1 million per occurrence with an annual aggregate of at least $2 million, exclusive of legal
defense costs. This liability coverage may be demonstrated as specified in paragraphs (a) (1), (2), (3), (4), (5), or (6)
of this section:
(1) An owner or operator may demonstrate the required liability coverage by having liability insurance as specified in
this paragraph.
(i) Each insurance policy must be amended by attachment of the Hazardous Waste Facility Liability Endorsement or
evidenced by a Certificate of Liability Insurance. The wording of the endorsement must be identical to the wording
specified in §264.151(1). The wording of the certificate of insurance must be identical to the wording specified in
§264.151 (j). The owner or operator must submit a signed duplicate original of the endorsement or the certificate of
insurance to the Regional Administrator, or Regional Administrators if the facilities are located in more than one
Region. If requested by a Regional Administrator, the owner or operator must provide a signed duplicate original of
the insurance policy. An owner or operator of a new facility must submit the signed duplicate original of the
Hazardous Waste Facility Liability Endorsement or the Certificate of Liability Insurance to the Regional Administrator
at least 60 days before the date on which hazardous waste is first received for treatment, storage, or disposal. The
insurance must be effective before this initial receipt of hazardous waste.
(ii) Each insurance policy must be issued by an insurer which, at a minimum, is licensed to transact the business of
insurance, or eligible to provide insurance as an excess or surplus lines insurer, in one or more States.
(2) An owner or operator may meet the requirements of this section by passing a financial test or using the guarantee
for liability coverage as specified in paragraphs (f) and (g) of this section.
(3) An owner or operator may meet the requirements of this section by obtaining a letter of credit for liability coverage
as specified in paragraph (h) of this section.
(4) An owner or operator may meet the requirements of this section by obtaining a surety bond for liability coverage
as specified in paragraph (i) of this section.
(5) An owner or operator may meet the requirements of this section by obtaining a trust fund for liability coverage as
specified in paragraph (j) of this section.
(6) An owner or operator may demonstrate the required liability coverage through the use of combinations of
insurance, financial test, guarantee, letter of credit, surety bond, and trust fund, except that the owner or operator
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may not combine a financial test covering part of the liability coverage requirement with a guarantee unless the
financial statement of the owner or operator is not consolidated with the financial statement of the guarantor. The
amounts of coverage demonstrated must total at least the minimum amounts required by this section. If the owner or
operator demonstrates the required coverage through the use of a combination of financial assurances under this
paragraph, the owner or operator shall specify at least one such assurance as "primary" coverage and shall specify
other assurance as "excess" coverage.
(7) An owner or operator shall notify the Regional Administrator in writing within 30 days whenever:
(i) A claim results in a reduction in the amount of financial assurance for liability coverage provided by a financial
instrument authorized in paragraphs (a)(1) through (a)(6) of this section; or
(ii) A Certification of Valid Claim for bodily injury or property damages caused by a sudden or non-sudden accidental
occurrence arising from the operation of a hazardous waste treatment, storage, or disposal facility is entered between
the owner or operator and third-party claimant for liability coverage under paragraphs (a)(1) through (a)(6) of this
section; or
(iii) A final court order establishing a judgment for bodily injury or property damage caused by a sudden or non-
sudden accidental occurrence arising from the operation of a hazardous waste treatment, storage, or disposal facility
is issued against the owner or operator or an instrument that is providing financial assurance for liability coverage
under paragraphs (a)(1) through (a)(6) of this section.
(b) Coverage fornonsudden accidental occurrences. An owner or operator of a surface impoundment, landfill, land
treatment facility, or disposal miscellaneous unit that is used to manage hazardous waste, or a group of such
facilities, must demonstrate financial responsibility for bodily injury and property damage to third parties caused by
nonsudden accidental occurrences arising from operations of the facility or group of facilities. The owner or operator
must have and maintain liability coverage for nonsudden accidental occurrences in the amount of at least $3 million
per occurrence with an annual aggregate of at least $6 million, exclusive of legal defense costs. An owner or operator
who must meet the requirements of this section may combine the required per-occurrence coverage levels for
sudden and nonsudden accidental occurrences into a single per-occurrence level, and combine the required annual
aggregate coverage levels for sudden and nonsudden accidental occurrences into a single annual aggregate level.
Owners or operators who combine coverage levels for sudden and nonsudden accidental occurrences must maintain
liability coverage in the amount of at least $4 million per occurrence and $8 million annual aggregate. This liability
coverage may be demonstrated as specified in paragraphs (b) (1), (2), (3), (4), (5), or (6), of this section:
(1) An owner or operator may demonstrate the required liability coverage by having liability insurance as specified in
this paragraph.
(i) Each insurance policy must be amended by attachment of the Hazardous Waste Facility Liability Endorsement or
evidenced by a Certificate of Liability Insurance. The wording of the endorsement must be identical to the wording
specified in §264.151(1). The wording of the certificate of insurance must be identical to the wording specified in
§264.151 (j). The owner or operator must submit a signed duplicate original of the endorsement or the certificate of
insurance to the Regional Administrator, or Regional Administrators if the facilities are located in more than one
Region. If requested by a Regional Administrator, the owner or operator must provide a signed duplicate original of
the insurance policy. An owner or operator of a new facility must submit the signed duplicate original of the
Hazardous Waste Facility Liability Endorsement or the Certificate of Liability Insurance to the Regional Administrator
at least 60 days before the date on which hazardous waste is first received for treatment, storage, or disposal. The
insurance must be effective before this initial receipt of hazardous waste.
(ii) Each insurance policy must be issued by an insurer which, at a minimum, is licensed to transact the business of
insurance, or eligible to provide insurance as an excess or surplus lines insurer, in one or more States.
(2) An owner or operator may meet the requirements of this section by passing a financial test or using the guarantee
for liability coverage as specified in paragraphs (f) and (g) of this section.
(3) An owner or operator may meet the requirements of this section by obtaining a letter of credit for liability coverage
as specified in paragraph (h) of this section.
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(4) An owner or operator may meet the requirements of this section by obtaining a surety bond for liability coverage
as specified in paragraph (i) of this section.
(5) An owner or operator may meet the requirements of this section by obtaining a trust fund for liability coverage as
specified in paragraph (j) of this section.
(6) An owner or operator may demonstrate the required liability coverage through the use of combinations of
insurance, financial test, guarantee, letter of credit, surety bond, and trust fund, except that the owner or operator
may not combine a financial test covering part of the liability coverage requirement with a guarantee unless the
financial statement of the owner or operator is not consolidated with the financial statement of the guarantor. The
amounts of coverage demonstrated must total at least the minimum amount required by this section. If the owner or
operator demonstrates the required coverage through the use of a combination of financial assurances under this
paragraph, the owner or operator shall specify at least one such assurance as "primary" coverage and shall specify
other assurance as "excess" coverage.
(7) An owner or operator shall notify the Regional Administrator in writing within 30 days whenever:
(i) A Claim results in a reduction in the amount of financial assurance for liability coverage provided by a financial
instrument authorized in paragraphs (b)(1) through (b)(6) of this section; or
(ii) A Certification of Valid Claim for bodily injury or property damages caused by a sudden or non-sudden accidental
occurrence arising from the operation of a hazardous waste treatment, storage, or disposal facility is entered between
the owner or operator and third-party claimant for liability coverage under paragraphs (b)(1) through (b)(6) of this
section; or
(iii) A final court order establishing a judgment for bodily injury or property damage caused by a sudden or non-
sudden accidental occurrence arising from the operation of a hazardous waste treatment, storage, or disposal facility
is issued against the owner or operator or an instrument that is providing financial assurance for liability coverage
under paragraphs (b)(1) through (b)(6) of this section.
(c) Request for variance. If an owner or operator can demonstrate to the satisfaction of the Regional Administrator
that the levels of financial responsibility required by paragraph (a) or (b) of this section are not consistent with the
degree and duration of risk associated with treatment, storage, or disposal at the facility or group of facilities, the
owner or operator may obtain a variance from the Regional Administrator. The request for a variance must be
submitted to the Regional Administrator as part of the application under §270.14 of this chapter for a facility that does
not have a permit, or pursuant to the procedures for permit modification under §124.5 of this chapter for a facility that
has a permit. If granted, the variance will take the form of an adjusted level of required liability coverage, such level to
be based on the Regional Administrator's assessment of the degree and duration of risk associated with the
ownership or operation of the facility or group of facilities. The Regional Administrator may require an owner or
operator who requests a variance to provide such technical and engineering information as is deemed necessary by
the Regional Administrator to determine a level of financial responsibility other than that required by paragraph (a) or
(b) of this section. Any request for a variance for a permitted facility will be treated as a request for a permit
modification under §§270.41 (a)(5) and 124.5 of this chapter.
(d) Adjustments by the Regional Administrator. If the Regional Administrator determines that the levels of financial
responsibility required by paragraph (a) or (b) of this section are not consistent with the degree and duration of risk
associated with treatment, storage, or disposal at the facility or group of facilities, the Regional Administrator may
adjust the level of financial responsibility required under paragraph (a) or(b) of this section as may be necessary to
protect human health and the environment. This adjusted level will be based on the Regional Administrator's
assessment of the degree and duration of risk associated with the ownership or operation of the facility or group of
facilities. In addition, if the Regional Administrator determines that there is a significant risk to human health and the
environment from nonsudden accidental occurrences resulting from the operations of a facility that is not a surface
impoundment, landfill, or land treatment facility, he may require that an owner or operator of the facility comply with
paragraph (b) of this section. An owner or operator must furnish to the Regional Administrator, within a reasonable
time, any information which the Regional Administrator requests to determine whether cause exists for such
adjustments of level or type of coverage. Any adjustment of the level or type of coverage for a facility that has a
permit will be treated as a permit modification under §§270.41 (a)(5) and 124.5 of this chapter.
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(e) Period of coverage . Within 60 days after receiving certifications from the owner or operator and a qualified
Professional Engineer that final closure has been completed in accordance with the approved closure plan, the
Regional Administrator will notify the owner or operator in writing that he is no longer required by this section to
maintain liability coverage for that facility, unless the Regional Administrator has reason to believe that closure has
not been in accordance with the approved closure plan.
(f) Financial test for liability coverage. (1) An owner or operator may satisfy the requirements of this section by
demonstrating that he passes a financial test as specified in this paragraph. To pass this test the owner or operator
must meet the criteria of paragraph (f)(1 )(i) or (ii):
(i) The owner or operator must have:
(A) Net working capital and tangible net worth each at least six times the amount of liability coverage to be
demonstrated by this test; and
(B) Tangible net worth of at least $10 million; and
(C) Assets in the United States amounting to either: ( 1 ) At least 90 percent of his total assets; or ( 2 ) at least six
times the amount of liability coverage to be demonstrated by this test.
(ii) The owner or operator must have:
(A) A current rating for his most recent bond issuance of AAA, AA, A, or BBS as issued by Standard and Poor's, or
Aaa, Aa, A, or Baa as issued by Moody's; and
(B) Tangible net worth of at least $10 million; and
(C) Tangible net worth at least six times the amount of liability coverage to be demonstrated by this test; and
(D) Assets in the United States amounting to either: ( 1 ) At least 90 percent of his total assets; or ( 2 ) at least six
times the amount of liability coverage to be demonstrated by this test.
(2) The phrase "amount of liability coverage" as used in paragraph (f)(1) of this section refers to the annual aggregate
amounts for which coverage is required under paragraphs (a) and (b) of this section.
(3) To demonstrate that he meets this test, the owner or operator must submit the following three items to the
Regional Administrator:
(i) A letter signed by the owner's or operator's chief financial officer and worded as specified in §264.151 (g). If an
owner or operator is using the financial test to demonstrate both assurance for closure or post-closure care, as
specified by §§264.143(f), 264.145(f), 265.143(e), and 265.145(e), and liability coverage, he must submit the letter
specified in §264.151 (g) to cover both forms of financial responsibility; a separate letter as specified in §264.151 (f) is
not required.
(ii) A copy of the independent certified public accountant's report on examination of the owner's or operator's financial
statements for the latest completed fiscal year.
(iii) A special report from the owner's or operator's independent certified public accountant to the owner or operator
stating that:
(A) He has compared the data which the letter from the chief financial officer specifies as having been derived from
the independently audited, year-end financial statements for the latest fiscal year with the amounts in such financial
statements; and
(B) In connection with that procedure, no matters came to his attention which caused him to believe that the specified
data should be adjusted.
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(4) An owner or operator of a new facility must submit the items specified in paragraph (f)(3) of this section to the
Regional Administrator at least 60 days before the date on which hazardous waste is first received for treatment,
storage, or disposal.
(5) After the initial submission of items specified in paragraph (f)(3) of this section, the owner or operator must send
updated information to the Regional Administrator within 90 days after the close of each succeeding fiscal year. This
information must consist of all three items specified in paragraph (f)(3) of this section.
(6) If the owner or operator no longer meets the requirements of paragraph (f)(1) of this section, he must obtain
insurance, a letter of credit, a surety bond, a trust fund, or a guarantee for the entire amount of required liability
coverage as specified in this section. Evidence of liability coverage must be submitted to the Regional Administrator
within 90 days after the end of the fiscal year for which the year-end financial data show that the owner or operator no
longer meets the test requirements.
(7) The Regional Administrator may disallow use of this test on the basis of qualifications in the opinion expressed by
the independent certified public accountant in his report on examination of the owner's or operator's financial
statements (see paragraph (f)(3)(ii) of this section). An adverse opinion or a disclaimer of opinion will be cause for
disallowance. The Regional Administrator will evaluate other qualifications on an individual basis. The owner or
operator must provide evidence of insurance for the entire amount of required liability coverage as specified in this
section within 30 days after notification of disallowance.
(g) Guarantee for liability coverage. (1) Subject to paragraph (g)(2) of this section, an owner or operator may meet the
requirements of this section by obtaining a written guarantee, hereinafter referred to as "guarantee." The guarantor
must be the direct or higher-tier parent corporation of the owner or operator, a firm whose parent corporation is also
the parent corporation of the owner or operator, or a firm with a "substantial business relationship" with the owner or
operator. The guarantor must meet the requirements for owners or operators in paragraphs (f)(1) through (f)(6) of this
section. The wording of the guarantee must be identical to the wording specified in §264.151 (h)(2) of this part. A
certified copy of the guarantee must accompany the items sent to the Regional Administrator as specified in
paragraph (f)(3) of this section. One of these items must be the letter from the guarantor's chief financial officer. If the
guarantor's parent corporation is also the parent corporation of the owner or operator, this letter must describe the
value received in consideration of the guarantee. If the guarantor is a firm with a "substantial business relationship"
with the owner or operator, this letter must describe this "substantial business relationship" and the value received in
consideration of the guarantee.
(i) If the owner or operator fails to satisfy a judgment based on a determination of liability for bodily injury or property
damage to third parties caused by sudden or nonsudden accidental occurrences (or both as the case may be),
arising from the operation of facilities covered by this corporate guarantee, or fails to pay an amount agreed to in
settlement of claims arising from or alleged to arise from such injury or damage, the guarantor will do so up to the
limits of coverage.
(ii) [Reserved]
(2)(i) In the case of corporations incorporated in the United States, a guarantee may be used to satisfy the
requirements of this section only if the Attorneys General or Insurance Commissioners of (A) the State in which the
guarantor is incorporated, and (B) each State in which a facility covered by the guarantee is located have submitted a
written statement to EPA that a guarantee executed as described in this section and §264.151 (h)(2) is a legally valid
and enforceable obligation in that State.
(ii) In the case of corporations incorporated outside the United States, a guarantee may be used to satisfy the
requirements of this section only if (A) the non-U.S. corporation has identified a registered agent for service of
process in each State in which a facility covered by the guarantee is located and in the State in which it has its
principal place of business, and (B) the Attorney General or Insurance Commissioner of each State in which a facility
covered by the guarantee is located and the State in which the guarantor corporation has its principal place of
business, has submitted a written statement to EPA that a guarantee executed as described in this section and
§264.151(h)(2) is a legally valid and enforceable obligation in that State.
(h) Letter of credit for liability coverage. (1) An owner or operator may satisfy the requirements of this section by
obtaining an irrevocable standby letter of credit that conforms to the requirements of this paragraph and submitting a
copy of the letter of credit to the Regional Administrator.
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(2) The financial institution issuing the letter of credit must be an entity that has the authority to issue letters of credit
and whose letter of credit operations are regulated and examined by a Federal or State agency.
(3) The wording of the letter of credit must be identical to the wording specified in §264.151 (k) of this part.
(4) An owner or operator who uses a letter of credit to satisfy the requirements of this section may also establish a
standby trust fund. Under the terms of such a letter of credit, all amounts paid pursuant to a draft by the trustee of the
standby trust will be deposited by the issuing institution into the standby trust in accordance with instructions from the
trustee. The trustee of the standby trust fund must be an entity which has the authority to act as a trustee and whose
trust operations are regulated and examined by a Federal or State agency.
(5) The wording of the standby trust fund must be identical to the wording specified in §264.151 (n).
(i) Surety bond for liability coverage. (1) An owner or operator may satisfy the requirements of this section by
obtaining a surety bond that conforms to the requirements of this paragraph and submitting a copy of the bond to the
Regional Administrator.
(2) The surety company issuing the bond must be among those listed as acceptable sureties on Federal bonds in the
most recent Circular 570 of the U.S. Department of the Treasury.
(3) The wording of the surety bond must be identical to the wording specified in §264.151(1) of this part.
(4) A surety bond may be used to satisfy the requirements of this section only if the Attorneys General or Insurance
Commissioners of (i) the State in which the surety is incorporated, and (ii) each State in which a facility covered by
the surety bond is located have submitted a written statement to EPA that a surety bond executed as described in
this section and §264.151(1) of this part is a legally valid and enforceable obligation in that State.
(j) Trust fund for liability coverage. (1) An owner or operator may satisfy the requirements of this section by
establishing a trust fund that conforms to the requirements of this paragraph and submitting an originally signed
duplicate of the trust agreement to the Regional Administrator.
(2) The trustee must be an entity which has the authority to act as a trustee and whose trust operations are regulated
and examined by a Federal or State agency.
(3) The trust fund for liability coverage must be funded for the full amount of the liability coverage to be provided by
the trust fund before it may be relied upon to satisfy the requirements of this section. If at any time after the trust fund
is created the amount of funds in the trust fund is reduced below the full amount of the liability coverage to be
provided, the owner or operator, by the anniversary date of the establishment of the fund, must either add sufficient
funds to the trust fund to cause its value to equal the full amount of liability coverage to be provided, or obtain other
financial assurance as specified in this section to cover the difference. For purposes of this paragraph, "the full
amount of the liability coverage to be provided" means the amount of coverage for sudden and/or nonsudden
occurrences required to be provided by the owner or operator by this section, less the amount of financial assurance
for liability coverage that is being provided by other financial assurance mechanisms being used to demonstrate
financial assurance by the owner or operator.
(4) The wording of the trust fund must be identical to the wording specified in §264.151 (m) of this part.
(k) Notwithstanding any other provision of this part, an owner or operator using liability insurance to satisfy the
requirements of this section may use, until October 16, 1982, a Hazardous Waste Facility Liability Endorsement or
Certificate of Liability Insurance that does not certify that the insurer is licensed to transact the business of insurance,
or eligible as an excess or surplus lines insurer, in one or more States.
[47 FR 16554, Apr. 16, 1982, as amended at 47 FR 28627, July 1, 1982; 47 FR 30447, July 13, 1982; 48 FR 30115,
June 30, 1983; 51 FR 16450, May 2, 1986; 51 FR 25354, July 11, 1986; 52 FR 44320, Nov. 18, 1987; 52 FR 46964,
Dec. 10, 1987; 53 FR 33950, Sept. 1, 1988; 56 FR 30200, July 1, 1991; 57 FR 42836, Sept. 16, 1992; 71 FR 16905,
Apr. 4, 2006; 71 FR 40272, July 14, 2006]
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§ 264.148 Incapacity of owners or operators, guarantors, or financial institutions.
(a) An owner or operator must notify the Regional Administrator by certified mail of the commencement of a
voluntary or involuntary proceeding under Title 11 (Bankruptcy), U.S. Code, naming the owner or operator as debtor,
within 10 days after commencement of the proceeding. A guarantor of a corporate guarantee as specified in
§§264.143(f) and 264.145(f) must make such a notification if he is named as debtor, as required under the terms of
the corporate guarantee (§264.151 (h)).
(b) An owner or operator who fulfills the requirements of §264.143, §264.145, or §264.147 by obtaining a trust fund,
surety bond, letter of credit, or insurance policy will be deemed to be without the required financial assurance or
liability coverage in the event of bankruptcy of the trustee or issuing institution, or a suspension or revocation of the
authority of the trustee institution to act as trustee or of the institution issuing the surety bond, letter of credit, or
insurance policy to issue such instruments. The owner or operator must establish other financial assurance or liability
coverage within 60 days after such an event.
§ 264.149 Use of State-required mechanisms.
(a) For a facility located in a State where EPA is administering the requirements of this subpart but where the State
has hazardous waste regulations that include requirements for financial assurance of closure or post-closure care or
liability coverage, an owner or operator may use State-required financial mechanisms to meet the requirements of
§264.143, §264.145, or §264.147, if the Regional Administrator determines that the State mechanisms are at least
equivalent to the financial mechanism specified in this subpart. The Regional Administrator will evaluate the
equivalency of the mechanisms principally in terms of (1) certainty of the availability of funds for the required closure
or post-closure care activities or liability coverage and (2) the amount of funds that will be made available. The
Regional Administrator may also consider other factors as he deems appropriate. The owner or operator must submit
to the Regional Administrator evidence of the establishment of the mechanism together with a letter requesting that
the State-required mechanism be considered acceptable for meeting the requirements of this subpart. The
submission must include the following information: The facility's EPA Identification Number, name, and address, and
the amount of funds for closure or post-closure care or liability coverage assured by the mechanism. The Regional
Administrator will notify the owner or operator of his determination regarding the mechanism's acceptability in lieu of
financial mechanisms specified in this subpart. The Regional Administrator may require the owner or operator to
submit additional information as is deemed necessary to make this determination. Pending this determination, the
owner or operator will be deemed to be in compliance with the requirements of §264.143, §264.145, or §264.147, as
applicable.
(b) If a State-required mechanism is found acceptable as specified in paragraph (a) of this section except for the
amount of funds available, the owner or operator may satisfy the requirements of this subpart by increasing the funds
available through the State-required mechanism or using additional financial mechanisms as specified in this subpart.
The amount of funds available through the State and Federal mechanisms must at least equal the amount required
by this subpart.
§ 264.150 State assumption of responsibility.
(a) If a State either assumes legal responsibility for an owner's or operator's compliance with the closure, post-
closure care, or liability requirements of this part or assures that funds will be available from State sources to cover
those requirements, the owner or operator will be in compliance with the requirements of §264.143, §264.145, or
§264.147 if the Regional Administrator determines that the State's assumption of responsibility is at least equivalent
to the financial mechanisms specified in this subpart. The Regional Administrator will evaluate the equivalency of
State guarantees principally in terms of (1) certainty of the availability of funds for the required closure or post-closure
care activities or liability coverage and (2) the amount of funds that will be made available. The Regional
Administrator may also consider other factors as he deems appropriate. The owner or operator must submit to the
Regional Administrator a letter from the State describing the nature of the State's assumption of responsibility
together with a letter from the owner or operator requesting that the State's assumption of responsibility be
considered acceptable for meeting the requirements of this subpart. The letter from the State must include, or have
attached to it, the following information: the facility's EPA Identification Number, name, and address, and the amount
of funds for closure or post-closure care or liability coverage that are guaranteed by the State. The Regional
Administrator will notify the owner or operator of his determination regarding the acceptability of the State's guarantee
in lieu of financial mechanisms specified in this subpart. The Regional Administrator may require the owner or
operator to submit additional information as is deemed necessary to make this determination. Pending this
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determination, the owner or operator will be deemed to be in compliance with the requirements of §264.143,
§264.145, or §264.147, as applicable.
(b) If a State's assumption of responsibility is found acceptable as specified in paragraph (a) of this section except for
the amount of funds available, the owner or operator may satisfy the requirements of this subpart by use of both the
State's assurance and additional financial mechanisms as specified in this subpart. The amount of funds available
through the State and Federal mechanisms must at least equal the amount required by this subpart.
§ 264.151 Wording of the instruments.
(a)(1) A trust agreement for a trust fund, as specified in §264.143(a) or§264.145(a) or§265.143(a) or§265.145(a) of
this chapter, must be worded as follows, except that instructions in brackets are to be replaced with the relevant
information and the brackets deleted:
Trust Agreement
Trust Agreement, the "Agreement," entered into as of [date] by and between [name of the owner or
operator], a [name of State] [insert "corporation," "partnership," "association," or "proprietorship"], the
"Grantor," and [name of corporate trustee], [insert "incorporated in the State of " or "a national
bank"], the "Trustee."
Whereas, the United States Environmental Protection Agency, "EPA," an agency of the United States
Government, has established certain regulations applicable to the Grantor, requiring that an owner or
operator of a hazardous waste management facility shall provide assurance that funds will be available
when needed for closure and/or post-closure care of the facility,
Whereas, the Grantor has elected to establish a trust to provide all or part of such financial assurance for
the facilities identified herein,
Whereas, the Grantor, acting through its duly authorized officers, has selected the Trustee to be the
trustee under this agreement, and the Trustee is willing to act as trustee,
Now, Therefore, the Grantor and the Trustee agree as follows:
Section 1. Definitions. As used in this Agreement:
(a) The term "Grantor" means the owner or operator who enters into this Agreement and any successors
or assigns of the Grantor.
(b) The term "Trustee" means the Trustee who enters into this Agreement and any successor Trustee.
Section 2. Identification of Facilities and Cost Estimates. This Agreement pertains to the facilities and cost
estimates identified on attached Schedule A [on Schedule A, for each facility list the EPA Identification
Number, name, address, and the current closure and/or post-closure cost estimates, or portions thereof,
for which financial assurance is demonstrated by this Agreement].
Section 3. Establishment of Fund. The Grantor and the Trustee hereby establish a trust fund, the "Fund,"
for the benefit of EPA. The Grantor and the Trustee intend that no third party have access to the Fund
except as herein provided. The Fund is established initially as consisting of the property, which is
acceptable to the Trustee, described in Schedule B attached hereto. Such property and any other
property subsequently transferred to the Trustee is referred to as the Fund, together with all earnings and
profits thereon, less any payments or distributions made by the Trustee pursuant to this Agreement. The
Fund shall be held by the Trustee, IN TRUST, as hereinafter provided. The Trustee shall not be
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responsible nor shall it undertake any responsibility for the amount or adequacy of, nor any duty to collect
from the Grantor, any payments necessary to discharge any liabilities of the Grantor established by EPA.
Section 4. Payment for Closure and Post-Closure Care. The Trustee shall make payments from the Fund
as the EPA Regional Administrator shall direct, in writing, to provide for the payment of the costs of
closure and/or post-closure care of the facilities covered by this Agreement. The Trustee shall reimburse
the Grantor or other persons as specified by the EPA Regional Administrator from the Fund for closure
and post-closure expenditures in such amounts as the EPA Regional Administrator shall direct in writing.
In addition, the Trustee shall refund to the Grantor such amounts as the EPA Regional Administrator
specifies in writing. Upon refund, such funds shall no longer constitute part of the Fund as defined herein.
Section 5. Payments Comprising the Fund. Payments made to the Trustee for the Fund shall consist of
cash or securities acceptable to the Trustee.
Section 6. Trustee Management. The Trustee shall invest and reinvest the principal and income of the
Fund and keep the Fund invested as a single fund, without distinction between principal and income, in
accordance with general investment policies and guidelines which the Grantor may communicate in
writing to the Trustee from time to time, subject, however, to the provisions of this section. In investing,
reinvesting, exchanging, selling, and managing the Fund, the Trustee shall discharge his duties with
respect to the trust fund solely in the interest of the beneficiary and with the care, skill, prudence, and
diligence under the circumstances then prevailing which persons of prudence, acting in a like capacity
and familiar with such matters, would use in the conduct of an enterprise of a like character and with like
aims; except that:
(i) Securities or other obligations of the Grantor, or any other owner or operator of the facilities, or any of
their affiliates as defined in the Investment Company Act of 1940, as amended, 15 U.S.C. 80a-2.(a), shall
not be acquired or held, unless they are securities or other obligations of the Federal or a State
government;
(ii) The Trustee is authorized to invest the Fund in time or demand deposits of the Trustee, to the extent
insured by an agency of the Federal or State government; and
(iii) The Trustee is authorized to hold cash awaiting investment or distribution uninvested fora reasonable
time and without liability for the payment of interest thereon.
Section 7. Commingling and Investment. The Trustee is expressly authorized in its discretion:
(a) To transfer from time to time any or all of the assets of the Fund to any common, commingled, or
collective trust fund created by the Trustee in which the Fund is eligible to participate, subject to all of the
provisions thereof, to be commingled with the assets of other trusts participating therein; and
(b) To purchase shares in any investment company registered under the Investment Company Act of
1940, 15 U.S.C. 80a-1 et seq., including one which may be created, managed, underwritten, or to which
investment advice is rendered or the shares of which are sold by the Trustee. The Trustee may vote such
shares in its discretion.
Section 8. Express Powers of Trustee. Without in any way limiting the powers and discretions conferred
upon the Trustee by the other provisions of this Agreement or by law, the Trustee is expressly authorized
and empowered:
(a) To sell, exchange, convey, transfer, or otherwise dispose of any property held by it, by public or
private sale. No person dealing with the Trustee shall be bound to see to the application of the purchase
money or to inquire into the validity or expediency of any such sale or other disposition;
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(b) To make, execute, acknowledge, and deliver any and all documents of transfer and conveyance and
any and all other instruments that may be necessary or appropriate to carry out the powers herein
granted;
(c) To register any securities held in the Fund in its own name or in the name of a nominee and to hold
any security in bearer form or in book entry, or to combine certificates representing such securities with
certificates of the same issue held by the Trustee in other fiduciary capacities, or to deposit or arrange for
the deposit of such securities in a qualified central depositary even though, when so deposited, such
securities may be merged and held in bulk in the name of the nominee of such depositary with other
securities deposited therein by another person, or to deposit or arrange for the deposit of any securities
issued by the United States Government, or any agency or instrumentality thereof, with a Federal
Reserve bank, but the books and records of the Trustee shall at all times show that all such securities are
part of the Fund;
(d) To deposit any cash in the Fund in interest-bearing accounts maintained or savings certificates issued
by the Trustee, in its separate corporate capacity, or in any other banking institution affiliated with the
Trustee, to the extent insured by an agency of the Federal or State government; and
(e) To compromise or otherwise adjust all claims in favor of or against the Fund.
Section 9. Taxes and Expenses. All taxes of any kind that may be assessed or levied against or in
respect of the Fund and all brokerage commissions incurred by the Fund shall be paid from the Fund. All
other expenses incurred by the Trustee in connection with the administration of this Trust, including fees
for legal services rendered to the Trustee, the compensation of the Trustee to the extent not paid directly
by the Grantor, and all other proper charges and disbursements of the Trustee shall be paid from the
Fund.
Section 10. Annual Valuation. The Trustee shall annually, at least 30 days prior to the anniversary date of
establishment of the Fund, furnish to the Grantor and to the appropriate EPA Regional Administrator a
statement confirming the value of the Trust. Any securities in the Fund shall be valued at market value as
of no more than 60 days prior to the anniversary date of establishment of the Fund. The failure of the
Grantor to object in writing to the Trustee within 90 days after the statement has been furnished to the
Grantor and the EPA Regional Administrator shall constitute a conclusively binding assent by the Grantor,
barring the Grantor from asserting any claim or liability against the Trustee with respect to matters
disclosed in the statement.
Section 11. Advice of Counsel. The Trustee may from time to time consult with counsel, who may be
counsel to the Grantor, with respect to any question arising as to the construction of this Agreement or
any action to be taken hereunder. The Trustee shall be fully protected, to the extent permitted by law, in
acting upon the advice of counsel.
Section 12. Trustee Compensation. The Trustee shall be entitled to reasonable compensation for its
services as agreed upon in writing from time to time with the Grantor.
Section 13. Successor Trustee. The Trustee may resign or the Grantor may replace the Trustee, but such
resignation or replacement shall not be effective until the Grantor has appointed a successor trustee and
this successor accepts the appointment. The successor trustee shall have the same powers and duties
as those conferred upon the Trustee hereunder. Upon the successor trustee's acceptance of the
appointment, the Trustee shall assign, transfer, and pay over to the successor trustee the funds and
properties then constituting the Fund. If for any reason the Grantor cannot or does not act in the event of
the resignation of the Trustee, the Trustee may apply to a court of competent jurisdiction for the
appointment of a successor trustee or for instructions. The successor trustee shall specify the date on
which it assumes administration of the trust in a writing sent to the Grantor, the EPA Regional
Administrator, and the present Trustee by certified mail 10 days before such change becomes effective.
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Any expenses incurred by the Trustee as a result of any of the acts contemplated by this Section shall be
paid as provided in Section 9.
Section 14. Instructions to the Trustee. All orders, requests, and instructions by the Grantor to the Trustee
shall be in writing, signed by such persons as are designated in the attached Exhibit A or such other
designees as the Grantor may designate by amendment to Exhibit A. The Trustee shall be fully protected
in acting without inquiry in accordance with the Grantor's orders, requests, and instructions. All orders,
requests, and instructions by the EPA Regional Administrator to the Trustee shall be in writing, signed by
the EPA Regional Administrators of the Regions in which the facilities are located, or their designees, and
the Trustee shall act and shall be fully protected in acting in accordance with such orders, requests, and
instructions. The Trustee shall have the right to assume, in the absence of written notice to the contrary,
that no event constituting a change or a termination of the authority of any person to act on behalf of the
Grantor or EPA hereunder has occurred. The Trustee shall have no duty to act in the absence of such
orders, requests, and instructions from the Grantor and/or EPA, except as provided for herein.
Section 15. Notice of Nonpayment. The Trustee shall notify the Grantor and the appropriate EPA
Regional Administrator, by certified mail within 10 days following the expiration of the 30-day period after
the anniversary of the establishment of the Trust, if no payment is received from the Grantor during that
period. After the pay-in period is completed, the Trustee shall not be required to send a notice of
nonpayment.
Section 16. Amendment of Agreement. This Agreement may be amended by an instrument in writing
executed by the Grantor, the Trustee, and the appropriate EPA Regional Administrator, or by the Trustee
and the appropriate EPA Regional Administrator if the Grantor ceases to exist.
Section 17. Irrevocability and Termination. Subject to the right of the parties to amend this Agreement as
provided in Section 16, this Trust shall be irrevocable and shall continue until terminated at the written
agreement of the Grantor, the Trustee, and the EPA Regional Administrator, or by the Trustee and the
EPA Regional Administrator, if the Grantor ceases to exist. Upon termination of the Trust, all remaining
trust property, less final trust administration expenses, shall be delivered to the Grantor.
Section 18. Immunity and Indemnification. The Trustee shall not incur personal liability of any nature in
connection with any act or omission, made in good faith, in the administration of this Trust, or in carrying
out any directions by the Grantor or the EPA Regional Administrator issued in accordance with this
Agreement. The Trustee shall be indemnified and saved harmless by the Grantor or from the Trust Fund,
or both, from and against any personal liability to which the Trustee may be subjected by reason of any
act or conduct in its official capacity, including all expenses reasonably incurred in its defense in the event
the Grantor fails to provide such defense.
Section 19. Choice of Law. This Agreement shall be administered, construed, and enforced according to
the laws of the State of [insert name of State].
Section 20. Interpretation. As used in this Agreement, words in the singular include the plural and words
in the plural include the singular. The descriptive headings for each Section of this Agreement shall not
affect the interpretation or the legal efficacy of this Agreement.
In Witness Whereof the parties have caused this Agreement to be executed by their respective officers
duly authorized and their corporate seals to be hereunto affixed and attested as of the date first above
written: The parties below certify that the wording of this Agreement is identical to the wording specified in
40 CFR 264.151 (a)(1) as such regulations were constituted on the date first above written.
[Signature of Grantor]
[Title]
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Attest:
[Title]
[Seal]
[Signature of Trustee]
Attest:
[Title]
[Seal]
(2) The following is an example of the certification of acknowledgment which must accompany the trust agreement for
a trust fund as specified in §§264.143(a) and 264.145(a) or§§265.143(a) or265.145(a) of this chapter. State
requirements may differ on the proper content of this acknowledgment.
State of
County of
On this [date], before me personally came [owner or operator] to me known, who, being by me duly
sworn, did depose and say that she/he resides at [address], that she/he is [title] of [corporation], the
corporation described in and which executed the above instrument; that she/he knows the seal of said
corporation; that the seal affixed to such instrument is such corporate seal; that it was so affixed by order
of the Board of Directors of said corporation, and that she/he signed her/his name thereto by like order.
[Signature of Notary Public]
(b) A surety bond guaranteeing payment into a trust fund, as specified in §264.143(b) or§264.145(b) or§265.143(b)
or §265.145(b) of this chapter, must be worded as follows, except that instructions in brackets are to be replaced with
the relevant information and the brackets deleted:
Financial Guarantee Bond
Date bond executed:
Effective date:
Principal: [legal name and business address of owner or operator]
Type of Organization: [insert "individual," "joint venture," "partnership," or "corporation"]
State of incorporation:
Surety(ies): [name(s) and business address(es)]
EPA Identification Number, name, address and closure and/or post-closure amount(s) for each facility
guaranteed by this bond [indicate closure and post-closure
amounts separately]:
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Total penal sum of
bond: $
Surety's bond number:.
Know All Persons By These Presents, That we, the Principal and Surety(ies) hereto are firmly bound to
the U.S. Environmental Protection Agency (hereinafter called EPA), in the above penal sum for the
payment of which we bind ourselves, our heirs, executors, administrators, successors, and assigns jointly
and severally; provided that, where the Surety(ies) are corporations acting as co-sureties, we, the
Sureties, bind ourselves in such sum "jointly and severally" only for the purpose of allowing a joint action
or actions against any or all of us, and for all other purposes each Surety binds itself, jointly and severally
with the Principal, for the payment of such sum only as is set forth opposite the name of such Surety, but
if no limit of liability is indicated, the limit of liability shall be the full amount of the penal sum.
Whereas said Principal is required, under the Resource Conservation and Recovery Act as amended
(RCRA), to have a permit or interim status in order to own or operate each hazardous waste management
facility identified above, and
Whereas said Principal is required to provide financial assurance for closure, or closure and post-closure
care, as a condition of the permit or interim status, and
Whereas said Principal shall establish a standby trust fund as is required when a surety bond is used to
provide such financial assurance;
Now, Therefore, the conditions of the obligation are such that if the Principal shall faithfully, before the
beginning of final closure of each facility identified above, fund the standby trust fund in the amount(s)
identified above for the facility,
Or, if the Principal shall fund the standby trust fund in such amount(s) within 15 days after a final order to
begin closure is issued by an EPA Regional Administrator or a U.S. district court or other court of
competent jurisdiction,
Or, if the Principal shall provide alternate financial assurance, as specified in subpart H of 40 CFR part
264 or 265, as applicable, and obtain the EPA Regional Administrator's written approval of such
assurance, within 90 days after the date notice of cancellation is received by both the Principal and the
EPA Regional Administrator(s) from the Surety(ies), then this obligation shall be null and void; otherwise it
is to remain in full force and effect.
The Surety(ies) shall become liable on this bond obligation only when the Principal has failed to fulfill the
conditions described above. Upon notification by an EPA Regional Administrator that the Principal has
failed to perform as guaranteed by this bond, the Surety(ies) shall place funds in the amount guaranteed
for the facility(ies) into the standby trust fund as directed by the EPA Regional Administrator.
The liability of the Surety(ies) shall not be discharged by any payment or succession of payments
hereunder, unless and until such payment or payments shall amount in the aggregate to the penal sum of
the bond, but in no event shall the obligation of the Surety(ies) hereunder exceed the amount of said
penal sum.
The Surety(ies) may cancel the bond by sending notice of cancellation by certified mail to the Principal
and to the EPA Regional Administrator(s) for the Region(s) in which the facility(ies) is (are) located,
provided, however, that cancellation shall not occur during the 120 days beginning on the date of receipt
of the notice of cancellation by both the Principal and the EPA Regional Administrator(s), as evidenced by
the return receipts.
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The Principal may terminate this bond by sending written notice to the Surety(ies), provided, however,
that no such notice shall become effective until the Surety(ies) receive(s) written authorization for
termination of the bond by the EPA Regional Administrator(s) of the EPA Region(s) in which the bonded
facility(ies) is (are) located.
[The following paragraph is an optional rider that may be included but is not required.]
Principal and Surety(ies) hereby agree to adjust the penal sum of the bond yearly so that it guarantees a
new closure and/or post-closure amount, provided that the penal sum does not increase by more than 20
percent in any one year, and no decrease in the penal sum takes place without the written permission of
the EPA Regional Administrator(s).
In Witness Whereof, the Principal and Surety(ies) have executed this Financial Guarantee Bond and have
affixed their seals on the date set forth above.
The persons whose signatures appear below hereby certify that they are authorized to execute this surety
bond on behalf of the Principal and Surety(ies) and that the wording of this surety bond is identical to the
wording specified in 40 CFR 264.151 (b) as such regulations were constituted on the date this bond was
executed.
Principal
[Signature(s)]
[Name(s)]
[Title(s)]
[Corporate seal]_
Corporate Surety(ies)
[Name and address]
State of incorporation:.
Liability limit: $
[Signature(s)]
[Name(s) and title(s)]
[Corporate seal]
[For every co-surety, provide signature(s), corporate seal, and other information in the same manner as
for Surety above.]
Bond premium: $
(c) A surety bond guaranteeing performance of closure and/or post-closure care, as specified in §264.143(c) or
§264.145(c), must be worded as follows, except that the instructions in brackets are to be replaced with the relevant
information and the brackets deleted:
Performance Bond
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Date bond executed:
Effective date:
Principal: [legal name and business address of owner or operator]
Type of organization: [insert "individual," "joint venture," "partnership," or "corporation"]
State of incorporation:
Surety(ies): [name(s) and business address(es)]
EPA Identification Number, name, address, and closure and/or post-closure amount(s) for each facility
guaranteed by this bond [indicate closure and post-closure amounts separately]:
Total penal sum of bond: $
Surety's bond number:
Know All Persons By These Presents, That we, the Principal and Surety(ies) hereto are firmly bound to
the U.S. Environmental Protection Agency (hereinafter called EPA), in the above penal sum for the
payment of which we bind ourselves, our heirs, executors, administrators, successors, and assigns jointly
and severally; provided that, where the Surety(ies) are corporations acting as co-sureties, we, the
Sureties, bind ourselves in such sum "jointly and severally" only for the purpose of allowing a joint action
or actions against any or all of us, and for all other purposes each Surety binds itself, jointly and severally
with the Principal, for the payment of such sum only as is set forth opposite the name of such Surety, but
if no limit of liability is indicated, the limit of liability shall be the full amount of the penal sum.
Whereas said Principal is required, under the Resource Conservation and Recovery Act as amended
(RCRA), to have a permit in order to own or operate each hazardous waste management facility identified
above, and
Whereas said Principal is required to provide financial assurance for closure, or closure and post-closure
care, as a condition of the permit, and
Whereas said Principal shall establish a standby trust fund as is required when a surety bond is used to
provide such financial assurance;
Now, Therefore, the conditions of this obligation are such that if the Principal shall faithfully perform
closure, whenever required to do so, of each facility for which this bond guarantees closure, in
accordance with the closure plan and other requirements of the permit as such plan and permit may be
amended, pursuant to all applicable laws, statutes, rules, and regulations, as such laws, statutes, rules,
and regulations may be amended,
And, if the Principal shall faithfully perform post-closure care of each facility for which this bond
guarantees post-closure care, in accordance with the post-closure plan and other requirements of the
permit, as such plan and permit may be amended, pursuant to all applicable laws, statutes, rules, and
regulations, as such laws, statutes, rules, and regulations may be amended,
Or, if the Principal shall provide alternate financial assurance as specified in subpart H of 40 CFR part
264, and obtain the EPA Regional Administrator's written approval of such assurance, within 90 days
after the date notice of cancellation is received by both the Principal and the EPA Regional
Administrator(s) from the Surety(ies), then this obligation shall be null and void, otherwise it is to remain in
full force and effect.
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The Surety(ies) shall become liable on this bond obligation only when the Principal has failed to fulfill the
conditions described above.
Upon notification by an EPA Regional Administrator that the Principal has been found in violation of the
closure requirements of 40 CFR part 264, for a facility for which this bond guarantees performance of
closure, the Surety(ies) shall either perform closure in accordance with the closure plan and other permit
requirements or place the closure amount guaranteed for the facility into the standby trust fund as
directed by the EPA Regional Administrator.
Upon notification by an EPA Regional Administrator that the Principal has been found in violation of the
post-closure requirements of 40 CFR part 264 for a facility for which this bond guarantees performance of
post-closure care, the Surety(ies) shall either perform post-closure care in accordance with the post-
closure plan and other permit requirements or place the post-closure amount guaranteed for the facility
into the standby trust fund as directed by the EPA Regional Administrator.
Upon notification by an EPA Regional Administrator that the Principal has failed to provide alternate
financial assurance as specified in subpart H of 40 CFR part 264, and obtain written approval of such
assurance from the EPA Regional Administrator(s) during the 90 days following receipt by both the
Principal and the EPA Regional Administrator(s) of a notice of cancellation of the bond, the Surety(ies)
shall place funds in the amount guaranteed for the facility(ies) into the standby trust fund as directed by
the EPA Regional Administrator.
The surety(ies) hereby waive(s) notification of amendments to closure plans, permits, applicable laws,
statutes, rules, and regulations and agrees that no such amendment shall in any way alleviate its (their)
obligation on this bond.
The liability of the Surety(ies) shall not be discharged by any payment or succession of payments
hereunder, unless and until such payment or payments shall amount in the aggregate to the penal sum of
the bond, but in no event shall the obligation of the Surety(ies) hereunder exceed the amount of said
penal sum.
The Surety(ies) may cancel the bond by sending notice of cancellation by certified mail to the owner or
operator and to the EPA Regional Administrator(s) for the Region(s) in which the facility(ies) is (are)
located, provided, however, that cancellation shall not occur during the 120 days beginning on the date of
receipt of the notice of cancellation by both the Principal and the EPA Regional Administrator(s), as
evidenced by the return receipts.
The principal may terminate this bond by sending written notice to the Surety(ies), provided, however,
that no such notice shall become effective until the Surety(ies) receive(s) written authorization for
termination of the bond by the EPA Regional Administrator(s) of the EPA Region(s) in which the bonded
facility(ies) is (are) located.
[The following paragraph is an optional rider that may be included but is not required.]
Principal and Surety(ies) hereby agree to adjust the penal sum of the bond yearly so that it guarantees a
new closure and/or post-closure amount, provided that the penal sum does not increase by more than 20
percent in any one year, and no decrease in the penal sum takes place without the written permission of
the EPA Regional Administrator(s).
In Witness Whereof, The Principal and Surety(ies) have executed this Performance Bond and have
affixed their seals on the date set forth above.
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The persons whose signatures appear below hereby certify that they are authorized to execute this surety
bond on behalf of the Principal and Surety(ies) and that the wording of this surety bond is identical to the
wording specified in 40 CFR 264.151 (c) as such regulation was constituted on the date this bond was
executed.
Principal
[Signature(s)]
[Name(s)]
[Title(s)]
[Corporate seal]
Corporate Surety(ies)
[Name and address]
State of incorporation:
Liability limit: $
[Signature(s)]
[Name(s) and title(s)]
[Corporate seal]
[For every co-surety, provide signature(s), corporate seal, and other information in the same manner as
for Surety above.]
Bond premium: $
(d) A letter of credit, as specified in §264.143(d) or§264.145(d) or§265.143(c) or§265.145(c) of this chapter, must
be worded as follows, except that instructions in brackets are to be replaced with the relevant information and the
brackets deleted:
Irrevocable Standby Letter of Credit
Regional Administrator(s)
Region(s)
U.S. Environmental Protection Agency
Dear Sir or Madam: We hereby establish our Irrevocable Standby Letter of Credit No. in your favor, at
the request and for the account of [owner's or operator's name and address] up to the aggregate amount
of [in words] U.S. dollars $ , available upon presentation [insert, if more than one Regional
Administrator is a beneficiary, "by any one of you"] of
(1) your sight draft, bearing reference to this letter of credit No. , and
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(2) your signed statement reading as follows: "I certify that the amount of the draft is payable pursuant to
regulations issued under authority of the Resource Conservation and Recovery Act of 1976 as amended."
This letter of credit is effective as of [date] and shall expire on [date at least 1 year later], but such
expiration date shall be automatically extended for a period of [at least 1 year] on [date] and on each
successive expiration date, unless, at least 120 days before the current expiration date, we notify both
you and [owner's or operator's name] by certified mail that we have decided not to extend this letter of
credit beyond the current expiration date. In the event you are so notified, any unused portion of the credit
shall be available upon presentation of your sight draft for 120 days after the date of receipt by both you
and [owner's or operator's name], as shown on the signed return receipts.
Whenever this letter of credit is drawn on under and in compliance with the terms of this credit, we shall
duly honor such draft upon presentation to us, and we shall deposit the amount of the draft directly into
the standby trust fund of [owner's or operator's name] in accordance with your instructions.
We certify that the wording of this letter of credit is identical to the wording specified in 40 CFR 264.151 (d)
as such regulations were constituted on the date shown immediately below.
[Signature(s) and title(s) of official(s) of issuing institution] [Date]
This credit is subject to [insert "the most recent edition of the Uniform Customs and Practice for
Documentary Credits, published and copyrighted by the International Chamber of Commerce," or "the
Uniform Commercial Code"].
(e) A certificate of insurance, as specified in §264.143(e) or§264.145(e) or§265.143(d) or§265.145(d) of this
chapter, must be worded as follows, except that instructions in brackets are to be replaced with the relevant
information and the brackets deleted:
Certificate of Insurance for Closure or Post-Closure Care
Name and Address of Insurer
(herein called the "Insurer"):
Name and Address of Insured
(herein called the "Insured"): _
Facilities Covered: [List for each facility: The EPA Identification Number, name, address, and the amount
of insurance for closure and/or the amount for post-closure care (these amounts for all facilities covered
must total the face amount shown below).]
Face Amount:
Policy Number:
Effective Date:
The Insurer hereby certifies that it has issued to the Insured the policy of insurance identified above to
provide financial assurance for [insert "closure" or "closure and post-closure care" or "post-closure care"]
for the facilities identified above. The Insurer further warrants that such policy conforms in all respects
with the requirements of 40 CFR 264.143(e), 264.145(e), 265.143(d), and 265.145(d), as applicable and
as such regulations were constituted on the date shown immediately below. It is agreed that any provision
of the policy inconsistent with such regulations is hereby amended to eliminate such inconsistency.
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Whenever requested by the EPA Regional Administrator(s) of the U.S. Environmental Protection Agency,
the Insurer agrees to furnish to the EPA Regional Administrator(s) a duplicate original of the policy listed
above, including all endorsements thereon.
I hereby certify that the wording of this certificate is identical to the wording specified in 40 CFR
264.151(e) as such regulations were constituted on the date shown immediately below.
[Authorized signature for Insurer]
[Name of person signing]
[Title of person signing]
Signature of witness or notary:
[Date]
(f) A letter from the chief financial officer, as specified in §264.143(f) or 264.145(f), or §265.143(e) or 265.145(e) of
this chapter, must be worded as follows, except that instructions in brackets are to be replaced with the relevant
information and the brackets deleted:
Letter From Chief Financial Officer
[Address to Regional Administrator of every Region in which facilities for which financial responsibility is
to be demonstrated through the financial test are located].
I am the chief financial officer of [name and address of firm]. This letter is in support of this firm's use of
the financial test to demonstrate financial assurance for closure and/or post-closure costs, as specified in
subpart H of 40 CFR parts 264 and 265.
[Fill out the following five paragraphs regarding facilities and associated cost estimates. If your firm has
no facilities that belong in a particular paragraph, write "None" in the space indicated. For each facility,
include its EPA Identification Number, name, address, and current closure and/or post-closure cost
estimates. Identify each cost estimate as to whether it is for closure or post-closure care].
1. This firm is the owner or operator of the following facilities for which financial assurance for closure or
post-closure care is demonstrated through the financial test specified in subpart H of 40 CFR parts 264
and 265. The current closure and/or post-closure cost estimates covered by the test are shown for each
facility: .
2. This firm guarantees, through the guarantee specified in subpart H of 40 CFR parts 264 and 265, the
closure or post-closure care of the following facilities owned or operated by the guaranteed party. The
current cost estimates for the closure or post-closure care so guaranteed are shown for each facility:
. The firm identified above is [insert one or more: (1) The direct or higher-tier parent corporation of
the owner or operator; (2) owned by the same parent corporation as the parent corporation of the owner
or operator, and receiving the following value in consideration of this guarantee ; or (3) engaged in
the following substantial business relationship with the owner or operator , and receiving the
following value in consideration of this guarantee ]. [Attach a written description of the business
relationship or a copy of the contract establishing such relationship to this letter].
3. In States where EPA is not administering the financial requirements of subpart H of 40 CFR part 264 or
265, this firm, as owner or operator or guarantor, is demonstrating financial assurance for the closure or
post-closure care of the following facilities through the use of a test equivalent or substantially equivalent
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to the financial test specified in subpart H of 40 CFR parts 264 and 265. The current closure and/or post-
closure cost estimates covered by such a test are shown for each facility: .
4. This firm is the owner or operator of the following hazardous waste management facilities for which
financial assurance for closure or, if a disposal facility, post-closure care, is not demonstrated either to
EPA or a State through the financial test or any other financial assurance mechanism specified in subpart
H of 40 CFR parts 264 and 265 or equivalent or substantially equivalent State mechanisms. The current
closure and/or post-closure cost estimates not covered by such financial assurance are shown for each
facility: .
5. This firm is the owner or operator of the following DIG facilities for which financial assurance for
plugging and abandonment is required under part 144. The current closure cost estimates as required by
40 CFR 144.62 are shown for each facility: .
This firm [insert "is required" or "is not required"] to file a Form 10K with the Securities and Exchange
Commission (SEC) for the latest fiscal year.
The fiscal year of this firm ends on [month, day]. The figures for the following items marked with an
asterisk are derived from this firm's independently audited, year-end financial statements for the latest
completed fiscal year, ended [date].
[Fill in Alternative I if the criteria of paragraph (f)(1)(i) of §264.143 or §264.145, or of paragraph (e)(1)(i) of
§265.143 or §265.145 of this chapter are used. Fill in Alternative II if the criteria of paragraph (f)(1)(") of
§264.143 or §264.145, or of paragraph (e)(1)(ii) of §265.143 or §265.145 of this chapter are used.]
Alternative I
1. Sum of current closure and post-closure cost estimate [total of all cost estimates shown in the five
paragraphs above] $
*2. Total liabilities [if any portion of the closure or post-closure cost estimates is included in total liabilities,
you may deduct the amount of that portion from this line and add that amount to lines 3 and 4]$
*3. Tangible net worth $
*4. Net worth $
*5. Current assets $
*6. Current liabilities $
7. Net working capital [line 5 minus line 6] $_
*8. The sum of net income plus depreciation, depletion, and amortization $_
*9. Total assets in U.S. (required only if less than 90% of firm's assets are located in the U.S.) $
10. Is line 3 at least $10 million? (Yes/No)
11. Is line 3 at least 6 times line 1 ? (Yes/No)
12. Is line 7 at least 6 times line 1? (Yes/No)
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*13. Are at least 90% of firm's assets located in the U.S.? If not, complete line 14 (Yes/No).
14. Is line 9 at least 6 times line 1 ? (Yes/No)
15. Is line 2 divided by line 4 less than 2.0? (Yes/No)
16. Is line 8 divided by line 2 greater than 0.1? (Yes/No)
17. Is line 5 divided by line 6 greater than 1.5? (Yes/No)
Alternative II
1. Sum of current closure and post-closure cost estimates [total of all cost estimates shown in the five
paragraphs above] $
2. Current bond rating of most recent issuance of this firm and name of rating service
3. Date of issuance of bond
4. Date of maturity of bond
*5. Tangible net worth [if any portion of the closure and post-closure cost estimates is included in "total
liabilities" on your firm's financial statements, you may add the amount of that portion to this line] $
*6. Total assets in U.S. (required only if less than 90% of firm's assets are located in the U.S.) $_
7. Is line 5 at least $10 million ? (Yes/No)
8. Is line 5 at least 6 times line 1? (Yes/No)
*9. Are at least 90% of firm's assets located in the U.S.? If not, complete line 10 (Yes/No)
10. Is line 6 at least 6 times line 1 ? (Yes/No)
I hereby certify that the wording of this letter is identical to the wording specified in 40 CFR 264.151 (f) as
such regulations were constituted on the date shown immediately below.
[Signature]
[Name]
[Title]
[Date]
(g) A letter from the chief financial officer, as specified in §264.147(f) or§265.147(f) of this chapter, must be worded
as follows, except that instructions in brackets are to be replaced with the relevant information and the brackets
deleted.
Letter From Chief Financial Officer
[Address to Regional Administrator of every Region in which facilities for which financial responsibility is
to be demonstrated through the financial test are located].
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I am the chief financial officer of [firm's name and address]. This letter is in support of the use of the
financial test to demonstrate financial responsibility for liability coverage [insert "and closure and/or post-
closure care" if applicable] as specified in subpart H of 40 CFR parts 264 and 265.
[Fill out the following paragraphs regarding facilities and liability coverage. If there are no facilities that
belong in a particular paragraph, write "None" in the space indicated. For each facility, include its EPA
Identification Number, name, and address].
The firm identified above is the owner or operator of the following facilities for which liability coverage for
[insert "sudden" or "nonsudden" or "both sudden and nonsudden"] accidental occurrences is being
demonstrated through the financial test specified in subpart H of 40 CFR parts 264 and 265:
The firm identified above guarantees, through the guarantee specified in subpart H of 40 CFR parts 264
and 265, liability coverage for [insert "sudden" or "nonsudden" or "both sudden and nonsudden"]
accidental occurrences at the following facilities owned or operated by the following: . The firm
identified above is [insert one or more: (1) The direct or higher-tier parent corporation of the owner or
operator; (2) owned by the same parent corporation as the parent corporation of the owner or operator,
and receiving the following value in consideration of this guarantee ; or (3) engaged in the following
substantial business relationship with the owner or operator , and receiving the following value in
consideration of this guarantee ]. [Attach a written description of the business relationship or a copy
of the contract establishing such relationship to this letter.]
[If you are using the financial test to demonstrate coverage of both liability and closure and post-closure
care, fill in the following five paragraphs regarding facilities and associated closure and post-closure cost
estimates. If there are no facilities that belong in a particular paragraph, write "None" in the space
indicated. For each facility, include its EPA identification number, name, address, and current closure
and/or post-closure cost estimates. Identify each cost estimate as to whether it is for closure or post-
closure care.]
1. The firm identified above owns or operates the following facilities for which financial assurance for
closure or post-closure care or liability coverage is demonstrated through the financial test specified in
subpart H of 40 CFR parts 264 and 265. The current closure and/or post-closure cost estimate covered
by the test are shown for each facility: .
2. The firm identified above guarantees, through the guarantee specified in subpart H of 40 CFR parts
264 and 265, the closure and post-closure care or liability coverage of the following facilities owned or
operated by the guaranteed party. The current cost estimates for closure or post-closure care so
guaranteed are shown for each facility: .
3. In States where EPA is not administering the financial requirements of subpart H of 40 CFR parts 264
and 265, this firm is demonstrating financial assurance for the closure or post-closure care of the
following facilities through the use of a test equivalent or substantially equivalent to the financial test
specified in subpart H or 40 CFR parts 264 and 265. The current closure or post-closure cost estimates
covered by such a test are shown for each facility: .
4. The firm identified above owns or operates the following hazardous waste management facilities for
which financial assurance for closure or, if a disposal facility, post-closure care, is not demonstrated either
to EPA or a State through the financial test or any other financial assurance mechanisms specified in
subpart H of 40 CFR parts 264 and 265 or equivalent or substantially equivalent State mechanisms. The
current closure and/or post-closure cost estimates not covered by such financial assurance are shown for
each facility: .
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5. This firm is the owner or operator or guarantor of the following DIG facilities for which financial
assurance for plugging and abandonment is required under part 144 and is assured through a financial
test. The current closure cost estimates as required by 40 CFR 144.62 are shown for each facility: .
This firm [insert "is required" or "is not required"] to file a Form 10K with the Securities and Exchange
Commission (SEC) for the latest fiscal year.
The fiscal year of this firm ends on [month, day]. The figures for the following items marked with an
asterisk are derived from this firm's independently audited, year-end financial statements for the latest
completed fiscal year, ended [date].
Part A. Liability Coverage for Accidental Occurrences
[Fill in Alternative I if the criteria of paragraph (f)(1)(i) of §264.147 or §265.147 are used. Fill in Alternative
II if the criteria of paragraph (f)(1)(ii) of §264.147 or §265.147 are used.]
Alternative I
1. Amount of annual aggregate liability coverage to be demonstrated $ .
*2. Current assets $ .
*3. Current liabilities $ .
4. Net working capital (line 2 minus line 3) $ .
*5. Tangible net worth $ .
*6. If less than 90% of assets are located in the U.S., give total U.S. assets $_
7. Is line 5 at least $10 million? (Yes/No) .
8. Is line 4 at least 6 times line 1? (Yes/No) .
9. Is line 5 at least 6 times line 1? (Yes/No) .
*10. Are at least 90% of assets located in the U.S.? (Yes/No) . If not, complete line 11.
11. Is line 6 at least 6 times line 1 ? (Yes/No) .
Alternative II
1. Amount of annual aggregate liability coverage to be demonstrated $ .
2. Current bond rating of most recent issuance and name of rating service .
3. Date of issuance of bond .
4. Date of maturity of bond .
*5. Tangible net worth $ .
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*6. Total assets in U.S. (required only if less than 90% of assets are located in the U.S.) $ .
7. Is line 5 at least $10 million? (Yes/No) .
8. Is line 5 at least 6 times line 1? .
9. Are at least 90% of assets located in the U.S.? If not, complete line 10. (Yes/No) .
10. Is line 6 at least 6 times line 1 ? .
[Fill in part B if you are using the financial test to demonstrate assurance of both liability coverage and
closure or post-closure care.]
Part B. Closure or Post-Closure Care and Liability Coverage
[Fill in Alternative I if the criteria of paragraphs (f)(1)(i) of §264.143 or §264.145 and (f)(1)(i) of §264.147
are used or if the criteria of paragraphs (e)(1)(i) of §265.143 or §265.145 and (f)(1)(i) of §265.147 are
used. Fill in Alternative II if the criteria of paragraphs (f)(1)(ii) of §264.143 or §264.145 and (f)(1)(ii) of
§264.147 are used or if the criteria of paragraphs (e)(1)(i) of §265.143 or §265.145 and (f)(1)(ii) of
§265.147 are used.]
Alternative I
1. Sum of current closure and post-closure cost estimates (total of all cost estimates listed above) $
2. Amount of annual aggregate liability coverage to be demonstrated $
3. Sum of lines 1 and 2 $
*4. Total liabilities (if any portion of your closure or post-closure cost estimates is included in your total
liabilities, you may deduct that portion from this line and add that amount to lines 5 and 6) $
*5. Tangible net worth $
*6. Net worth $
*7. Current assets $
*8. Current liabilities $
9. Net working capital (line 7 minus line 8) $_
*10. The sum of net income plus depreciation, depletion, and amortization $_
*11. Total assets in U.S. (required only if less than 90% of assets are located in the U.S.) $
12. Is line 5 at least $10 million? (Yes/No)
13. Is line 5 at least 6 times line 3? (Yes/No)
14. Is line 9 at least 6 times line 3? (Yes/No)
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*15. Are at least 90% of assets located in the U.S.? (Yes/No) If not, complete line 16.
16. Is line 11 at least 6 times line 3? (Yes/No)
17. Is line 4 divided by line 6 less than 2.0? (Yes/No)
18. Is line 10 divided by line 4 greater than 0.1? (Yes/No)
19. Is line 7 divided by line 8 greater than 1.5? (Yes/No)
Alternative II
1. Sum of current closure and post-closure cost estimates (total of all cost estimates listed above) $
2. Amount of annual aggregate liability coverage to be demonstrated $
3. Sum of lines 1 and 2 $
4. Current bond rating of most recent issuance and name of rating service
5. Date of issuance of bond
6. Date of maturity of bond
*7. Tangible net worth (if any portion of the closure or post-closure cost estimates is included in "total
liabilities" on your financial statements you may add that portion to this line) $
*8. Total assets in the U.S. (required only if less than 90% of assets are located in the U.S.) $
9. Is line 7 at least $10 million? (Yes/No)
10. Is line 7 at least 6 times line 3? (Yes/No)
*11. Are at least 90% of assets located in the U.S.? (Yes/No) If not complete line 12.
12. Is line 8 at least 6 times line 3? (Yes/No)
I hereby certify that the wording of this letter is identical to the wording specified in 40 CFR 264.151 (g) as
such regulations were constituted on the date shown immediately below.
[Signature]
[Name]
[Title]
[Date]
(h)(1) A corporate guarantee, as specified in §264.143(f) or§264.145(f), or§265.143(e) or§265.145(e) of this
chapter, must be worded as follows, except that instructions in brackets are to be replaced with the relevant
information and the brackets deleted:
Corporate Guarantee for Closure or Post-Closure Care
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Guarantee made this [date] by [name of guaranteeing entity], a business corporation organized under the
laws of the State of [insert name of State], herein referred to as guarantor. This guarantee is made on
behalf of the [owner or operator] of [business address], which is [one of the following: "our subsidiary"; "a
subsidiary of [name and address of common parent corporation], of which guarantor is a subsidiary"; or
"an entity with which guarantor has a substantial business relationship, as defined in 40 CFR [either
264.141 (h) or 265.141 (h)]" to the United States Environmental Protection Agency (EPA).
Recitals
1. Guarantor meets or exceeds the financial test criteria and agrees to comply with the reporting
requirements for guarantors as specified in 40 CFR 264.143(f), 264.145(f), 265.143(e), and 265.145(e).
2. [Owner or operator] owns or operates the following hazardous waste management facility(ies) covered
by this guarantee: [List for each facility: EPA Identification Number, name, and address. Indicate for each
whether guarantee is for closure, post-closure care, or both.]
3. "Closure plans" and "post-closure plans" as used below refer to the plans maintained as required by
subpart G of 40 CFR parts 264 and 265 for the closure and post-closure care of facilities as identified
above.
4. For value received from [owner or operator], guarantor guarantees to EPA that in the event that [owner
or operator] fails to perform [insert "closure," "post-closure care" or "closure and post-closure care"] of the
above facility(ies) in accordance with the closure or post-closure plans and other permit or interim status
requirements whenever required to do so, the guarantor shall do so or establish a trust fund as specified
in subpart H of 40 CFR part 264 or 265, as applicable, in the name of [owner or operator] in the amount of
the current closure or post-closure cost estimates as specified in subpart H of 40 CFR parts 264 and 265.
5. Guarantor agrees that if, at the end of any fiscal year before termination of this guarantee, the
guarantor fails to meet the financial test criteria, guarantor shall send within 90 days, by certified mail,
notice to the EPA Regional Administrator(s) for the Region(s) in which the facility(ies) is(are) located and
to [owner or operator] that he intends to provide alternate financial assurance as specified in subpart H of
40 CFR part 264 or 265, as applicable, in the name of [owner or operator]. Within 120 days after the end
of such fiscal year, the guarantor shall establish such financial assurance unless [owner or operator] has
done so.
6. The guarantor agrees to notify the EPA Regional Administrator by certified mail, of a voluntary or
involuntary proceeding under Title 11 (Bankruptcy), U.S. Code, naming guarantor as debtor, within 10
days after commencement of the proceeding.
7. Guarantor agrees that within 30 days after being notified by an EPA Regional Administrator of a
determination that guarantor no longer meets the financial test criteria or that he is disallowed from
continuing as a guarantor of closure or post-closure care, he shall establish alternate financial assurance
as specified in subpart H of 40 CFR part 264 or 265, as applicable, in the name of [owner or operator]
unless [owner or operator] has done so.
8. Guarantor agrees to remain bound under this guarantee notwithstanding any or all of the following:
amendment or modification of the closure or post-closure plan, amendment or modification of the permit,
the extension or reduction of the time of performance of closure or post-closure, or any other modification
or alteration of an obligation of the owner or operator pursuant to 40 CFR part 264 or 265.
9. Guarantor agrees to remain bound under this guarantee for as long as [owner or operator] must
comply with the applicable financial assurance requirements of subpart H of 40 CFR parts 264 and 265
for the above-listed facilities, except as provided in paragraph 10 of this agreement.
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10. [Insert the following language if the guarantor is (a) a direct or higher-tier corporate parent, or (b) a
firm whose parent corporation is also the parent corporation of the owner or operator]:
Guarantor may terminate this guarantee by sending notice by certified mail to the EPA Regional
Administrator(s) for the Region(s) in which the facility(ies) is(are) located and to [owner or operator],
provided that this guarantee may not be terminated unless and until [the owner or operator] obtains, and
the EPA Regional Administrator(s) approve(s), alternate closure and/or post-closure care coverage
complying with 40 CFR 264.143, 264.145, 265.143, and/or 265.145.
[Insert the following language if the guarantor is a firm qualifying as a guarantor due to its "substantial
business relationship" with its owner or operator]
Guarantor may terminate this guarantee 120 days following the receipt of notification, through certified
mail, by the EPA Regional Administrator(s) for the Region(s) in which the facility(ies) is(are) located and
by [the owner or operator].
11. Guarantor agrees that if [owner or operator] fails to provide alternate financial assurance as specified
in subpart H of 40 CFR part 264 or 265, as applicable, and obtain written approval of such assurance
from the EPA Regional Administrator(s) within 90 days after a notice of cancellation by the guarantor is
received by an EPA Regional Administrator from guarantor, guarantor shall provide such alternate
financial assurance in the name of [owner or operator].
12. Guarantor expressly waives notice of acceptance of this guarantee by the EPA or by [owner or
operator]. Guarantor also expressly waives notice of amendments or modifications of the closure and/or
post-closure plan and of amendments or modifications of the facility permit(s).
I hereby certify that the wording of this guarantee is identical to the wording specified in 40 CFR
264.151 (h) as such regulations were constituted on the date first above written.
Effective date:
[Name of guarantor]
[Authorized signature forguarantor]_
[Name of person signing]
[Title of person signing]
Signature of witness or notary:_
(2) A guarantee, as specified in §264.147(g) or §265.147(g) of this chapter, must be worded as follows, except that
instructions in brackets are to be replaced with the relevant information and the brackets deleted:
Guarantee for Liability Coverage
Guarantee made this [date] by [name of guaranteeing entity], a business corporation organized under the
laws of [if incorporated within the United States insert "the State of " and insert name of State; if
incorporated outside the United States insert the name of the country in which incorporated, the principal
place of business within the United States, and the name and address of the registered agent in the State
of the principal place of business], herein referred to as guarantor. This guarantee is made on behalf of
[owner or operator] of [business address], which is one of the following: "our subsidiary;" "a subsidiary of
[name and address of common parent corporation], of which guarantor is a subsidiary;" or "an entity with
which guarantor has a substantial business relationship, as defined in 40 CFR [either 264.141 (h) or
265.141 (h)]", to any and all third parties who have sustained or may sustain bodily injury or property
damage caused by [sudden and/or nonsudden] accidental occurrences arising from operation of the
facility(ies) covered by this guarantee.
Recitals
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1. Guarantor meets or exceeds the financial test criteria and agrees to comply with the reporting
requirements for guarantors as specified in 40 CFR 264.147(g) and 265.147(g).
2. [Owner or operator] owns or operates the following hazardous waste management facility(ies) covered
by this guarantee: [List for each facility: EPA identification number, name, and address; and if guarantor is
incorporated outside the United States list the name and address of the guarantor's registered agent in
each State.] This corporate guarantee satisfies RCRA third-party liability requirements for [insert "sudden"
or "nonsudden" or "both sudden and nonsudden"] accidental occurrences in above-named owner or
operator facilities for coverage in the amount of [insert dollar amount] for each occurrence and [insert
dollar amount] annual aggregate.
3. For value received from [owner or operator], guarantor guarantees to any and all third parties who have
sustained or may sustain bodily injury or property damage caused by [sudden and/or nonsudden]
accidental occurrences arising from operations of the facility(ies) covered by this guarantee that in the
event that [owner or operator] fails to satisfy a judgment or award based on a determination of liability for
bodily injury or property damage to third parties caused by [sudden and/or nonsudden] accidental
occurrences, arising from the operation of the above-named facilities, or fails to pay an amount agreed to
in settlement of a claim arising from or alleged to arise from such injury or damage, the guarantor will
satisfy such judgment(s), award(s) or settlement agreement(s) up to the limits of coverage identified
above.
4. Such obligation does not apply to any of the following:
(a) Bodily injury or property damage for which [insert owner or operator] is obligated to pay damages by
reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability
for damages that [insert owner or operator] would be obligated to pay in the absence of the contract or
agreement.
(b) Any obligation of [insert owner or operator] under a workers' compensation, disability benefits, or
unemployment compensation law or any similar law.
(c) Bodily injury to:
(1) An employee of [insert owner or operator] arising from, and in the course of, employment by [insert
owner or operator]; or
(2) The spouse, child, parent, brother, or sister of that employee as a consequence of, or arising from,
and in the course of employment by [insert owner or operator]. This exclusion applies:
(A) Whether [insert owner or operator] may be liable as an employer or in any other capacity; and
(B) To any obligation to share damages with or repay another person who must pay damages because of
the injury to persons identified in paragraphs (1) and (2).
(d) Bodily injury or property damage arising out of the ownership, maintenance, use, or entrustment to
others of any aircraft, motor vehicle or watercraft.
(e) Property damage to:
(1) Any property owned, rented, or occupied by [insert owner or operator];
(2) Premises that are sold, given away or abandoned by [insert owner or operator] if the property damage
arises out of any part of those premises;
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(3) Property loaned to [insert owner or operator];
(4) Personal property in the care, custody or control of [insert owner or operator];
(5) That particular part of real property on which [insert owner or operator] or any contractors or
subcontractors working directly or indirectly on behalf of [insert owner or operator] are performing
operations, if the property damage arises out of these operations.
5. Guarantor agrees that if, at the end of any fiscal year before termination of this guarantee, the
guarantor fails to meet the financial test criteria, guarantor shall send within 90 days, by certified mail,
notice to the EPA Regional Administrators] for the Region[s] in which the facilities] is[are] located and
to [owner or operator] that he intends to provide alternate liability coverage as specified in 40 CFR
264.147 and 265.147, as applicable, in the name of [owner or operator]. Within 120 days after the end of
such fiscal year, the guarantor shall establish such liability coverage unless [owner or operator] has done
so.
6. The guarantor agrees to notify the EPA Regional Administrator by certified mail of a voluntary or
involuntary proceeding under title 11 (Bankruptcy), U.S. Code, naming guarantor as debtor, within 10
days after commencement of the proceeding.
7. Guarantor agrees that within 30 days after being notified by an EPA Regional Administrator of a
determination that guarantor no longer meets the financial test criteria or that he is disallowed from
continuing as a guarantor, he shall establish alternate liability coverage as specified in 40 CFR 264.147 or
265.147 in the name of [owner or operator], unless [owner or operator] has done so.
8. Guarantor reserves the right to modify this agreement to take into account amendment or modification
of the liability requirements set by 40 CFR 264.147 and 265.147, provided that such modification shall
become effective only if a Regional Administrator does not disapprove the modification within 30 days of
receipt of notification of the modification.
9. Guarantor agrees to remain bound under this guarantee for so long as [owner or operator] must
comply with the applicable requirements of 40 CFR 264.147 and 265.147 for the above-listed facility(ies),
except as provided in paragraph 10 of this agreement.
10. [Insert the following language if the guarantor is (a) a direct or higher-tier corporate parent, or (b) a
firm whose parent corporation is also the parent corporation of the owner or operator]:
Guarantor may terminate this guarantee by sending notice by certified mail to the EPA Regional
Administrator(s) for the Region(s) in which the facility(ies) is(are) located and to [owner or operator],
provided that this guarantee may not be terminated unless and until [the owner or operator] obtains, and
the EPA Regional Administrator(s) approve(s), alternate liability coverage complying with 40 CFR
264.147 and/or 265.147.
[Insert the following language if the guarantor is a firm qualifying as a guarantor due to its "substantial
business relationship" with the owner or operator]:
Guarantor may terminate this guarantee 120 days following receipt of notification, through certified mail,
by the EPA Regional Administrator(s) for the Region(s) in which the facility(ies) is(are) located and by [the
owner or operator].
11. Guarantor hereby expressly waives notice of acceptance of this guarantee by any party.
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12. Guarantor agrees that this guarantee is in addition to and does not affect any other responsibility or
liability of the guarantor with respect to the covered facilities.
13. The Guarantor shall satisfy a third-party liability claim only on receipt of one of the following
documents:
(a) Certification from the Principal and the third-party claimant(s) that the liability claim should be paid.
The certification must be worded as follows, except that instructions in brackets are to be replaced with
the relevant information and the brackets deleted:
Certification of Valid Claim
The undersigned, as parties [insert Principal] and [insert name and address of third-party claimants)],
hereby certify that the claim of bodily injury and/or property damage caused by a [sudden or nonsudden]
accidental occurrence arising from operating [Principal's] hazardous waste treatment, storage, or disposal
facility should be paid in the amount of $
[Signatures]
Principal
(Notary) Date_
[Signatures]
Claimants)
(Notary) Date_
(b) A valid final court order establishing a judgment against the Principal for bodily injury or property
damage caused by sudden or nonsudden accidental occurrences arising from the operation of the
Principal's facility or group of facilities.
14. In the event of combination of this guarantee with another mechanism to meet liability requirements,
this guarantee will be considered [insert "primary" or "excess"] coverage.
I hereby certify that the wording of the guarantee is identical to the wording specified in 40 CFR
264.151 (h)(2) as such regulations were constituted on the date shown immediately below.
Effective date:
[Name of guarantor]
[Authorized signature forguarantor]_
[Name of person signing]
[Title of person signing]
Signature of witness or notary:_
(i) A hazardous waste facility liability endorsement as required in §264.147 or §265.147 must be worded as follows,
except that instructions in brackets are to be replaced with the relevant information and the brackets deleted:
Hazardous Waste Facility Liability Endorsement
1. This endorsement certifies that the policy to which the endorsement is attached provides liability
insurance covering bodily injury and property damage in connection with the insured's obligation to
demonstrate financial responsibility under 40 CFR 264.147 or 265.147. The coverage applies at [list EPA
Identification Number, name, and address for each facility] for [insert "sudden accidental occurrences,"
"nonsudden accidental occurrences," or "sudden and nonsudden accidental occurrences"; if coverage is
for multiple facilities and the coverage is different for different facilities, indicate which facilities are insured
for sudden accidental occurrences, which are insured for nonsudden accidental occurrences, and which
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are insured for both]. The limits of liability are [insert the dollar amount of the "each occurrence" and
"annual aggregate" limits of the Insurer's liability], exclusive of legal defense costs.
2. The insurance afforded with respect to such occurrences is subject to all of the terms and conditions of
the policy; provided, however, that any provisions of the policy inconsistent with subsections (a) through
(e) of this Paragraph 2 are hereby amended to conform with subsections (a) through (e):
(a) Bankruptcy or insolvency of the insured shall not relieve the Insurer of its obligations under the policy
to which this endorsement is attached.
(b) The Insurer is liable for the payment of amounts within any deductible applicable to the policy, with a
right of reimbursement by the insured for any such payment made by the Insurer. This provision does not
apply with respect to that amount of any deductible for which coverage is demonstrated as specified in 40
CFR264.147(f)or265.147(f).
(c) Whenever requested by a Regional Administrator of the U.S. Environmental Protection Agency (EPA),
the Insurer agrees to furnish to the Regional Administrator a signed duplicate original of the policy and all
endorsements.
(d) Cancellation of this endorsement, whether by the Insurer, the insured, a parent corporation providing
insurance coverage for its subsidiary, or by a firm having an insurable interest in and obtaining liability
insurance on behalf of the owner or operator of the hazardous waste management facility, will be
effective only upon written notice and only after the expiration of 60 days after a copy of such written
notice is received by the Regional Administrator(s) of the EPA Region(s) in which the facility(ies) is(are)
located.
(e) Any other termination of this endorsement will be effective only upon written notice and only after the
expiration of thirty (30) days after a copy of such written notice is received by the Regional
Administrator(s) of the EPA Region(s) in which the facility(ies) is (are) located.
Attached to and forming part of policy No. issued by [name of Insurer], herein called the Insurer, of
[address of Insurer] to [name of insured] of [address] this day of , 19 . The effective
date of said policy is day of , 19 .
I hereby certify that the wording of this endorsement is identical to the wording specified in 40 CFR
264.151(1) as such regulation was constituted on the date first above written, and that the Insurer is
licensed to transact the business of insurance, or eligible to provide insurance as an excess or surplus
lines insurer, in one or more States.
[Signature of Authorized Representative of Insurer]
[Type name]
[Title], Authorized Representative of [name of Insurer]
[Address of Representative]
(j) A certificate of liability insurance as required in §264.147 or §265.147 must be worded as follows, except that the
instructions in brackets are to be replaced with the relevant information and the brackets deleted:
Hazardous Waste Facility Certificate of Liability Insurance
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1. [Name of Insurer], (the "Insurer"), of [address of Insurer] hereby certifies that it has issued liability
insurance covering bodily injury and property damage to [name of insured], (the "insured"), of [address of
insured] in connection with the insured's obligation to demonstrate financial responsibility under 40 CFR
264.147 or 265.147. The coverage applies at [list EPA Identification Number, name, and address for each
facility] for [insert "sudden accidental occurrences," "nonsudden accidental occurrences," or "sudden and
nonsudden accidental occurrences"; if coverage is for multiple facilities and the coverage is different for
different facilities, indicate which facilities are insured for sudden accidental occurrences, which are
insured for nonsudden accidental occurrences, and which are insured for both]. The limits of liability are
[insert the dollar amount of the "each occurrence" and "annual aggregate" limits of the Insurer's liability],
exclusive of legal defense costs. The coverage is provided under policy number , issued on [date].
The effective date of said policy is [date].
2. The Insurer further certifies the following with respect to the insurance described in Paragraph 1:
(a) Bankruptcy or insolvency of the insured shall not relieve the Insurer of its obligations under the policy.
(b) The Insurer is liable for the payment of amounts within any deductible applicable to the policy, with a
right of reimbursement by the insured for any such payment made by the Insurer. This provision does not
apply with respect to that amount of any deductible for which coverage is demonstrated as specified in 40
CFR264.147(f) or265.147(f).
(c) Whenever requested by a Regional Administrator of the U.S. Environmental Protection Agency (EPA),
the Insurer agrees to furnish to the Regional Administrator a signed duplicate original of the policy and all
endorsements.
(d) Cancellation of the insurance, whether by the insurer, the insured, a parent corporation providing
insurance coverage for its subsidiary, or by a firm having an insurable interest in and obtaining liability
insurance on behalf of the owner or operator of the hazardous waste management facility, will be
effective only upon written notice and only after the expiration of 60 days after a copy of such written
notice is received by the Regional Administrator(s) of the EPA Region(s) in which the facility(ies) is(are)
located.
(e) Any other termination of the insurance will be effective only upon written notice and only after the
expiration of thirty (30) days after a copy of such written notice is received by the Regional
Administrator(s) of the EPA Region(s) in which the facility(ies) is (are) located.
I hereby certify that the wording of this instrument is identical to the wording specified in 40 CFR
264.151 (j) as such regulation was constituted on the date first above written, and that the Insurer is
licensed to transact the business of insurance, or eligible to provide insurance as an excess or surplus
lines insurer, in one or more States.
[Signature of authorized representative of Insurer]
[Type name]
[Title], Authorized Representative of [name of Insurer]
[Address of Representative]
(k) A letter of credit, as specified in §264.147(h) or 265.147(h) of this chapter, must be worded as follows, except that
instructions in brackets are to be replaced with the relevant information and the brackets deleted:
Irrevocable Standby Letter of Credit
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Name and Address of Issuing Institution,
Regional Administrator(s)
Reg ion (s)
U.S. Environmental Protection Agency
Dear Sir or Madam: We hereby establish our Irrevocable Standby Letter of Credit No. in the favor
of ["any and all third-party liability claimants" or insert name of trustee of the standby trust fund], at the
request and for the account of [owner or operator's name and address] for third-party liability awards or
settlements up to [in words] U.S. dollars $ per occurrence and the annual aggregate amount of [in
words] U.S. dollars $ , for sudden accidental occurrences and/or for third-party liability awards or
settlements up to the amount of [in words] U.S. dollars $ per occurrence, and the annual
aggregate amount of [in words] U.S. dollars $ , for nonsudden accidental occurrences available
upon presentation of a sight draft bearing reference to this letter of credit No. , and [insert the
following language if the letter of credit is being used without a standby trust fund: (1) a signed certificate
reading as follows:
Certificate of Valid Claim
The undersigned, as parties [insert principal] and [insert name and address of third party claimant(s)],
hereby certify that the claim of bodily injury and/or property damage caused by a [sudden or nonsudden]
accidental occurrence arising from operations of [principal's] hazardous waste treatment, storage, or
disposal facility should be paid in the amount of $[ ]. We hereby certify that the claim does not apply
to any of the following:
(a) Bodily injury or property damage for which [insert principal] is obligated to pay damages by reason of
the assumption of liability in a contract or agreement. This exclusion does not apply to liability for
damages that [insert principal] would be obligated to pay in the absence of the contract or agreement.
(b) Any obligation of [insert principal] under a workers' compensation, disability benefits, or unemployment
compensation law or any similar law.
(c) Bodily injury to:
(1) An employee of [insert principal] arising from, and in the course of, employment by [insert principal]; or
(2) The spouse, child, parent, brother or sister of that employee as a consequence of, or arising from, and
in the course of employment by [insert principal].
This exclusion applies:
(A) Whether [insert principal] may be liable as an employer or in any other capacity; and
(B) To any obligation to share damages with or repay another person who must pay damages because of
the injury to persons identified in paragraphs (1) and (2).
(d) Bodily injury or property damage arising out of the ownership, maintenance, use, or entrustment to
others of any aircraft, motor vehicle or watercraft.
(e) Property damage to:
(1) Any property owned, rented, or occupied by [insert principal];
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(2) Premises that are sold, given away or abandoned by [insert principal] if the property damage arises
out of any part of those premises;
(3) Property loaned to [insert principal];
(4) Personal property in the care, custody or control of [insert principal];
(5) That particular part of real property on which [insert principal] or any contractors or subcontractors
working directly or indirectly on behalf of [insert principal] are performing operations, if the property
damage arises out of these operations.
[Signatures]
G ra nto r
[Signatures],
Claimant(s)_
or (2) a valid final court order establishing a judgment against the Grantor for bodily injury or property
damage caused by sudden or nonsudden accidental occurrences arising from the operation of the
Grantor's facility or group of facilities.]
This letter of credit is effective as of [date] and shall expire on [date at least one year later], but such
expiration date shall be automatically extended for a period of [at least one year] on [date and on each
successive expiration date, unless, at least 120 days before the current expiration date, we notify you, the
USEPA Regional Administrator for Region [Region #], and [owner's or operator's name] by certified mail
that we have decided not to extend this letter of credit beyond the current expiration date.
Whenever this letter of credit is drawn on under and in compliance with the terms of this credit, we shall
duly honor such draft upon presentation to us.
[Insert the following language if a standby trust fund is not being used: "In the event that this letter of
credit is used in combination with another mechanism for liability coverage, this letter of credit shall be
considered [insert "primary" or "excess" coverage]."
We certify that the wording of this letter of credit is identical to the wording specified in 40 CFR 264.151(k)
as such regulations were constituted on the date shown immediately below. [Signature(s) and title(s) of
official(s) of issuing institution] [Date].
This credit is subject to [insert "the most recent edition of the Uniform Customs and Practice for
Documentary Credits, published and copyrighted by the International Chamber of Commerce," or "the
Uniform Commercial Code"].
(I) A surety bond, as specified in §264.147(i) or §265.147(i) of this chapter, must be worded as follows: except that
instructions in brackets are to be replaced with the relevant information and the brackets deleted:
Payment Bond
Surety Bond No. [Insert number]
Parties [Insert name and address of owner or operator], Principal, incorporated in [Insert State of
incorporation] of [Insert city and State of principal place of business] and [Insert name and address of
surety company(ies)], Surety Company(ies), of [Insert surety(ies) place of business].
EPA Identification Number, name, and address for each facility guaranteed by this bond:
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Penal Sum Per
Occurrence
Annual Aggregate
Sudden accidental
occurrences
insert amount]
insert amount]
Nonsudden accidental
occurrences
insert amount]
insert amount]
Purpose: This is an agreement between the Surety(ies) and the Principal under which the Surety(ies),
its(their) successors and assignees, agree to be responsible for the payment of claims against the
Principal for bodily injury and/or property damage to third parties caused by ["sudden" and/or
"nonsudden"] accidental occurrences arising from operations of the facility or group of facilities in the
sums prescribed herein; subject to the governing provisions and the following conditions.
Governing Provisions:
(1) Section 3004 of the Resource Conservation and Recovery Act of 1976, as amended.
(2) Rules and regulations of the U.S. Environmental Protection Agency (EPA), particularly 40 CFR
["§264.147" or "§265.147"] (if applicable).
(3) Rules and regulations of the governing State agency (if applicable) [insert citation].
Conditions:
(1) The Principal is subject to the applicable governing provisions that require the Principal to have and
maintain liability coverage for bodily injury and property damage to third parties caused by ["sudden"
and/or "nonsudden"] accidental occurrences arising from operations of the facility or group of facilities.
Such obligation does not apply to any of the following:
(a) Bodily injury or property damage for which [insert principal] is obligated to pay damages by reason of
the assumption of liability in a contract or agreement. This exclusion does not apply to liability for
damages that [insert principal] would be obligated to pay in the absence of the contract or agreement.
(b) Any obligation of [insert principal] under a workers' compensation, disability benefits, or unemployment
compensation law or similar law.
(c) Bodily injury to:
(1) An employee of [insert principal] arising from, and in the course of, employment by [insert principal]; or
(2) The spouse, child, parent, brother or sister of that employee as a consequence of, or arising from, and
in the course of employment by [insert principal]. This exclusion applies:
(A) Whether [insert principal] may be liable as an employer or in any other capacity; and
(B) To any obligation to share damages with or repay another person who must pay damages because of
the injury to persons identified in paragraphs (1) and (2).
(d) Bodily injury or property damage arising out of the ownership, maintenance, use, or entrustment to
others of any aircraft, motor vehicle or watercraft.
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(e) Property damage to:
(1) Any property owned, rented, or occupied by [insert principal];
(2) Premises that are sold, given away or abandoned by [insert principal] if the property damage arises
out of any part of those premises;
(3) Property loaned to [insert principal];
(4) Personal property in the care, custody or control of [insert principal];
(5) That particular part of real property on which [insert principal] or any contractors or subcontractors
working directly or indirectly on behalf of [insert principal] are performing operations, if the property
damage arises out of these operations.
(2) This bond assures that the Principal will satisfy valid third party liability claims, as described in
condition 1.
(3) If the Principal fails to satisfy a valid third party liability claim, as described above, the Surety(ies)
becomes liable on this bond obligation.
(4) The Surety(ies) shall satisfy a third party liability claim only upon the receipt of one of the following
documents:
(a) Certification from the Principal and the third party claimant(s) that the liability claim should be paid.
The certification must be worded as follows, except that instructions in brackets are to be replaced with
the relevant information and the brackets deleted:
Certification of Valid Claim
The undersigned, as parties [insert name of Principal] and [insert name and address of third party
claimant(s)], hereby certify that the claim of bodily injury and/or property damage caused by a [sudden or
nonsudden] accidental occurrence arising from operating [Principal's] hazardous waste treatment,
storage, or disposal facility should be paid in the amount of $[ ].
[Signature]
Principal
[Notary] Date
[Signature(s)]
Claimants)
[Notary] Date
or (b) A valid final court order establishing a judgment against the Principal for bodily injury or property
damage caused by sudden or nonsudden accidental occurrences arising from the operation of the
Principal's facility or group of facilities.
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(5) In the event of combination of this bond with another mechanism for liability coverage, this bond will
be considered [insert "primary" or "excess"] coverage.
(6) The liability of the Surety(ies) shall not be discharged by any payment or succession of payments
hereunder, unless and until such payment or payments shall amount in the aggregate to the penal sum of
the bond. In no event shall the obligation of the Surety(ies) hereunder exceed the amount of said annual
aggregate penal sum, provided that the Surety(ies) furnish(es) notice to the Regional Administrator
forthwith of all claims filed and payments made by the Surety(ies) under this bond.
(7) The Surety(ies) may cancel the bond by sending notice of cancellation by certified mail to the Principal
and the USEPA Regional Administrator for Region [Region #], provided, however, that cancellation shall
not occur during the 120 days beginning on the date of receipt of the notice of cancellation by the
Principal and the Regional Administrator, as evidenced by the return receipt.
(8) The Principal may terminate this bond by sending written notice to the Surety(ies) and to the EPA
Regional Administrator(s) of the EPA Region(s) in which the bonded facility(ies) is (are) located.
(9) The Surety(ies) hereby waive(s) notification of amendments to applicable laws, statutes, rules and
regulations and agree(s) that no such amendment shall in any way alleviate its (their) obligation on this
bond.
(10) This bond is effective from [insert date] (12:01 a.m., standard time, at the address of the Principal as
stated herein) and shall continue in force until terminated as described above.
In Witness Whereof, the Principal and Surety(ies) have executed this Bond and have affixed their seals
on the date set forth above.
The persons whose signatures appear below hereby certify that they are authorized to execute this surety
bond on behalf of the Principal and Surety(ies) and that the wording of this surety bond is identical to the
wording specified in 40 CFR 264.151(1), as such regulations were constituted on the date this bond was
executed.
PRINCIPAL
[Signature(s)]
[Name(s)]
[Title(s)]
[Corporate Seal]
CORPORATE SURETY[IES]
[Name and address]
State of incorporation:
Liability Limit: $
[Signature(s)]
[Name(s) and title(s)]
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[Corporate seal]
[For every co-surety, provide signature(s), corporate seal, and other information in the same manner as
for Surety above.]
Bond premium: $
(m)(1) A trust agreement, as specified in §264.147(j) or §265.147(j) of this chapter, must be worded as follows,
except that instructions in brackets are to be replaced with the relevant information and the brackets deleted:
Trust Agreement
Trust Agreement, the "Agreement," entered into as of [date] by and between [name of the owner or
operator] a [name of State] [insert "corporation," "partnership," "association," or "proprietorship"], the
"Grantor," and [name of corporate trustee], [insert, "incorporated in the State of " or "a national
bank"], the "trustee."
Whereas, the United States Environmental Protection Agency, "EPA," an agency of the United States
Government, has established certain regulations applicable to the Grantor, requiring that an owner or
operator of a hazardous waste management facility or group of facilities must demonstrate financial
responsibility for bodily injury and property damage to third parties caused by sudden accidental and/or
nonsudden accidental occurrences arising from operations of the facility or group of facilities.
Whereas, the Grantor has elected to establish a trust to assure all or part of such financial responsibility
for the facilities identified herein.
Whereas, the Grantor, acting through its duly authorized officers, has selected the Trustee to be the
trustee under this agreement, and the Trustee is willing to act as trustee.
Now, therefore, the Grantor and the Trustee agree as follows:
Section 1. Definitions. As used in this Agreement:
(a) The term "Grantor" means the owner or operator who enters into this Agreement and any successors
or assigns of the Grantor.
(b) The term "Trustee" means the Trustee who enters into this Agreement and any successor Trustee.
Section 2. Identification of Facilities. This agreement pertains to the facilities identified on attached
schedule A [on schedule A, for each facility list the EPA Identification Number, name, and address of the
facility(ies) and the amount of liability coverage, or portions thereof, if more than one instrument affords
combined coverage as demonstrated by this Agreement].
Section 3. Establishment of Fund. The Grantor and the Trustee hereby establish a trust fund, hereinafter
the "Fund," for the benefit of any and all third parties injured or damaged by [sudden and/or nonsudden]
accidental occurrences arising from operation of the facility(ies) covered by this guarantee, in the
amounts of [up to $1 million] per occurrence and [up to $2 million] annual aggregate for
sudden accidental occurrences and [up to $3 million] per occurrence and [up to $6
million] annual aggregate for nonsudden occurrences, except that the Fund is not established for the
benefit of third parties for the following:
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(a) Bodily injury or property damage for which [insert Grantor] is obligated to pay damages by reason of
the assumption of liability in a contract or agreement. This exclusion does not apply to liability for
damages that [insert Grantor] would be obligated to pay in the absence of the contract or agreement.
(b) Any obligation of [insert Grantor] under a workers' compensation, disability benefits, or unemployment
compensation law or any similar law.
(c) Bodily injury to:
(1) An employee of [insert Grantor] arising from, and in the course of, employment by [insert Grantor]; or
(2) The spouse, child, parent, brother or sister of that employee as a consequence of, or arising from, and
in the course of employment by [insert Grantor].
This exclusion applies:
(A) Whether [insert Grantor] may be liable as an employer or in any other capacity; and
(B) To any obligation to share damages with or repay another person who must pay damages because of
the injury to persons identified in paragraphs (1) and (2).
(d) Bodily injury or property damage arising out of the ownership, maintenance, use, or entrustment to
others of any aircraft, motor vehicle or watercraft.
(e) Property damage to:
(1) Any property owned, rented, or occupied by [insert Grantor];
(2) Premises that are sold, given away or abandoned by [insert Grantor] if the property damage arises out
of any part of those premises;
(3) Property loaned to [insert Grantor];
(4) Personal property in the care, custody or control of [insert Grantor];
(5) That particular part of real property on which [insert Grantor] or any contractors or subcontractors
working directly or indirectly on behalf of [insert Grantor] are performing operations, if the property
damage arises out of these operations.
In the event of combination with another mechanism for liability coverage, the fund shall be considered
[insert "primary" or "excess"] coverage.
The Fund is established initially as consisting of the property, which is acceptable to the Trustee,
described in Schedule B attached hereto. Such property and any other property subsequently transferred
to the Trustee is referred to as the Fund, together with all earnings and profits thereon, less any payments
or distributions made by the Trustee pursuant to this Agreement. The Fund shall be held by the Trustee,
IN TRUST, as hereinafter provided. The Trustee shall not be responsible nor shall it undertake any
responsibility for the amount or adequacy of, nor any duty to collect from the Grantor, any payments
necessary to discharge any liabilities of the Grantor established by EPA.
Section 4. Payment for Bodily Injury or Property Damage. The Trustee shall satisfy a third party liability
claim by making payments from the Fund only upon receipt of one of the following documents;
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(a) Certification from the Grantor and the third party claimants) that the liability claim should be paid. The
certification must be worded as follows, except that instructions in brackets are to be replaced with the
relevant information and the brackets deleted:
Certification of Valid Claim
The undersigned, as parties [insert Grantor] and [insert name and address of third party claimant(s)],
hereby certify that the claim of bodily injury and/or property damage caused by a [sudden or nonsudden]
accidental occurrence arising from operating [Grantor's] hazardous waste treatment, storage, or disposal
facility should be paid in the amount of $[ ].
[Signatures]
Grantor
[Signatures]
Claimants)
(b) A valid final court order establishing a judgment against the Grantor for bodily injury or property
damage caused by sudden or nonsudden accidental occurrences arising from the operation of the
Grantor's facility or group of facilities.
Section 5. Payments Comprising the Fund. Payments made to the Trustee for the Fund shall consist of
cash or securities acceptable to the Trustee.
Section 6. Trustee Management. The Trustee shall invest and reinvest the principal and income, in
accordance with general investment policies and guidelines which the Grantor may communicate in
writing to the Trustee from time to time, subject, however, to the provisions of this section. In investing,
reinvesting, exchanging, selling, and managing the Fund, the Trustee shall discharge his duties with
respect to the trust fund solely in the interest of the beneficiary and with the care, skill, prudence, and
diligence under the circumstance then prevailing which persons of prudence, acting in a like capacity and
familiar with such matters, would use in the conduct of an enterprise of a like character and with like aims;
except that:
(i) Securities or other obligations of the Grantor, or any other owner or operator of the facilities, or any of
their affiliates as defined in the Investment Company Act of 1940, as amended, 15 U.S.C. 80a-2.(a), shall
not be acquired or held unless they are securities or other obligations of the Federal or a State
government;
(ii) The Trustee is authorized to invest the Fund in time or demand deposits of the Trustee, to the extent
insured by an agency of the Federal or State government; and
(iii) The Trustee is authorized to hold cash awaiting investment or distribution uninvested for a reasonable
time and without liability for the payment of interest thereon.
Section 7. Commingling and Investment. The Trustee is expressly authorized in its discretion:
(a) To transfer from time to time any or all of the assets of the Fund to any common commingled, or
collective trust fund created by the Trustee in which the fund is eligible to participate, subject to all of the
provisions thereof, to be commingled with the assets of other trusts participating therein; and
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(b) To purchase shares in any investment company registered under the Investment Company Act of
1940, 15 U.S.C. 81a-1 et seq., including one which may be created, managed, underwritten, or to which
investment advice is rendered or the shares of which are sold by the Trustee. The Trustee may vote such
shares in its discretion.
Section 8. Express Powers of Trustee. Without in any way limiting the powers and discretions conferred
upon the Trustee by the other provisions of this Agreement or by law, the Trustee is expressly authorized
and empowered:
(a) To sell, exchange, convey, transfer, or otherwise dispose of any property held by it, by public or
private sale. No person dealing with the Trustee shall be bound to see to the application of the purchase
money or to inquire into the validity or expediency of any such sale or other disposition;
(b) To make, execute, acknowledge, and deliver any and all documents of transfer and conveyance and
any and all other instruments that may be necessary or appropriate to carry out the powers herein
granted;
(c) To register any securities held in the Fund in its own name or in the name of a nominee and to hold
any security in bearer form or in book entry, or to combine certificates representing such securities with
certificates of the same issue held by the Trustee in other fiduciary capacities, or to deposit or arrange for
the deposit of such securities in a qualified central depository even though, when so deposited, such
securities may be merged and held in bulk in the name of the nominee of such depository with other
securities deposited therein by another person, or to deposit or arrange for the deposit of any securities
issued by the United States Government, or any agency or instrumentality thereof, with a Federal
Reserve bank, but the books and records of the Trustee shall at all times show that all such securities are
part of the Fund;
(d) To deposit any cash in the Fund in interest-bearing accounts maintained or savings certificates issued
by the Trustee, in its separate corporate capacity, or in any other banking institution affiliated with the
Trustee, to the extent insured by an agency of the Federal or State government; and
(e) To compromise or otherwise adjust all claims in favor of or against the Fund.
Section 9. Taxes and Expenses. All taxes of any kind that may be assessed or levied against or in
respect of the Fund and all brokerage commissions incurred by the Fund shall be paid from the Fund. All
other expenses incurred by the Trustee in connection with the administration of this Trust, including fees
for legal services rendered to the Trustee, the compensation of the Trustee to the extent not paid directly
by the Grantor, and all other proper charges and disbursements of the Trustee shall be paid from the
Fund.
Section 10. Annual Valuations. The Trustee shall annually, at least 30 days prior to the anniversary date
of establishment of the Fund, furnish to the Grantor and to the appropriate EPA Regional Administrator a
statement confirming the value of the Trust. Any securities in the Fund shall be valued at market value as
of no more than 60 days prior to the anniversary date of establishment of the Fund. The failure of the
Grantor to object in writing to the Trustee within 90 days after the statement has been furnished to the
Grantor and the EPA Regional Administrator shall constitute a conclusively binding assent by the Grantor
barring the Grantor from asserting any claim or liability against the Trustee with respect to matters
disclosed in the statement.
Section 11. Advice of Counsel. The Trustee may from time to time consult with counsel, who may be
counsel to the Grantor with respect to any question arising as to the construction of this Agreement or any
action to be taken hereunder. The Trustee shall be fully protected, to the extent permitted by law, in
acting upon the advice of counsel.
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Section 12. Trustee Compensation. The Trustee shall be entitled to reasonable compensation for its
services as agreed upon in writing from time to time with the Grantor.
Section 13. Successor Trustee. The Trustee may resign or the Grantor may replace the Trustee, but such
resignation or replacement shall not be effective until the Grantor has appointed a successor trustee and
this successor accepts the appointment. The successor trustee shall have the same powers and duties
as those conferred upon the Trustee hereunder. Upon the successor trustee's acceptance of the
appointment, the Trustee shall assign, transfer, and pay over to the successor trustee the funds and
properties then constituting the Fund. If for any reason the Grantor cannot or does not act in the event of
the resignation of the Trustee, the Trustee may apply to a court of competent jurisdiction for the
appointment of a successor trustee or for instructions. The successor trustee shall specify the date on
which it assumes administration of the trust in a writing sent to the Grantor, the EPA Regional
Administrator, and the present Trustee by certified mail 10 days before such change becomes effective.
Any expenses incurred by the Trustee as a result of any of the acts contemplated by this section shall be
paid as provided in Section 9.
Section 14. Instructions to the Trustee. All orders, requests, and instructions by the Grantor to the Trustee
shall be in writing, signed by such persons as are designated in the attached Exhibit A or such other
designees as the Grantor may designate by amendments to Exhibit A. The Trustee shall be fully
protected in acting without inquiry in accordance with the Grantor's orders, requests, and instructions. All
orders, requests, and instructions by the EPA Regional Administrator to the Trustee shall be in writing,
signed by the EPA Regional Administrators of the Regions in which the facilities are located, or their
designees, and the Trustee shall act and shall be fully protected in acting in accordance with such orders,
requests, and instructions. The Trustee shall have the right to assume, in the absence of written notice to
the contrary, that no event constituting a change or a termination of the authority of any person to act on
behalf of the Grantor or EPA hereunder has occurred. The Trustee shall have no duty to act in the
absence of such orders, requests, and instructions from the Grantor and/or EPA, except as provided for
herein.
Section 15. Notice of Nonpayment. If a payment for bodily injury or property damage is made under
Section 4 of this trust, the Trustee shall notify the Grantor of such payment and the amount(s) thereof
within five (5) working days. The Grantor shall, on or before the anniversary date of the establishment of
the Fund following such notice, either make payments to the Trustee in amounts sufficient to cause the
trust to return to its value immediately prior to the payment of claims under Section 4, or shall provide
written proof to the Trustee that other financial assurance for liability coverage has been obtained
equalling the amount necessary to return the trust to its value prior to the payment of claims. If the
Grantor does not either make payments to the Trustee or provide the Trustee with such proof, the Trustee
shall within 10 working days after the anniversary date of the establishment of the Fund provide a written
notice of nonpayment to the EPA Regional Administrator.
Section 16. Amendment of Agreement. This Agreement may be amended by an instrument in writing
executed by the Grantor, the Trustee, and the appropriate EPA Regional Administrator, or by the Trustee
and the appropriate EPA Regional Administrator if the Grantor ceases to exist.
Section 17. Irrevocability and Termination. Subject to the right of the parties to amend this Agreement as
provided in Section 16, this Trust shall be irrevocable and shall continue until terminated at the written
agreement of the Grantor, the Trustee, and the EPA Regional Administrator, or by the Trustee and the
EPA Regional Administrator, if the Grantor ceases to exist. Upon termination of the Trust, all remaining
trust property, less final trust administration expenses, shall be delivered to the Grantor.
The Regional Administrator will agree to termination of the Trust when the owner or operator substitutes
alternate financial assurance as specified in this section.
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Section 18. Immunity and Indemnification. The Trustee shall not incur personal liability of any nature in
connection with any act or omission, made in good faith, in the administration of this Trust, or in carrying
out any directions by the Grantor or the EPA Regional Administrator issued in accordance with this
Agreement. The Trustee shall be indemnified and saved harmless by the Grantor or from the Trust Fund,
or both, from and against any personal liability to which the Trustee may be subjected by reason of any
act or conduct in its official capacity, including all expenses reasonably incurred in its defense in the event
the Grantor fails to provide such defense.
Section 19. Choice of Law. This Agreement shall be administered, construed, and enforced according to
the laws of the State of [enter name of State].
Section 20. Interpretation. As used in this Agreement, words in the singular include the plural and words
in the plural include the singular. The descriptive headings for each section of this Agreement shall not
affect the interpretation or the legal efficacy of this Agreement.
In Witness Whereof the parties have caused this Agreement to be executed by their respective officers
duly authorized and their corporate seals to be hereunto affixed and attested as of the date first above
written. The parties below certify that the wording of this Agreement is identical to the wording specified in
40 CFR 264.151 (m) as such regulations were constituted on the date first above written.
[Signature of Grantor]
[Title]
Attest:
[Title]
[Seal]
[Signature of Trustee]
Attest:
[Title]
[Seal]
(2) The following is an example of the certification of acknowledgement which must accompany the trust agreement
fora trust fund as specified in §§264.147(j) or265.147(j) of this chapter. State requirements may differ on the proper
content of this acknowledgement.
State of
County of
On this [date], before me personally came [owner or operator] to me known, who, being by me duly
sworn, did depose and say that she/he resides at [address], that she/he is [title] of [corporation], the
corporation described in and which executed the above instrument; that she/he knows the seal of said
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corporation; that the seal affixed to such instrument is such corporate seal; that it was so affixed by order
of the Board of Directors of said corporation, and that she/he signed her/his name thereto by like order.
[Signature of Notary Public]
(n)(1) A standby trust agreement, as specified in §264.147(h) or 265.147(h) of this chapter, must be worded as
follows, except that instructions in brackets are to be replaced with the relevant information and the brackets deleted:
Standby Trust Agreement
Trust Agreement, the "Agreement," entered into as of [date] by and between [name of the owner or
operator] a [name of a State] [insert "corporation," "partnership," "association," or "proprietorship"], the
"Grantor," and [name of corporate trustee], [insert, "incorporated in the State of " or "a national
bank"], the "trustee."
Whereas the United States Environmental Protection Agency, "EPA," an agency of the United States
Government, has established certain regulations applicable to the Grantor, requiring that an owner or
operator of a hazardous waste management facility or group of facilities must demonstrate financial
responsibility for bodily injury and property damage to third parties caused by sudden accidental and/or
nonsudden accidental occurrences arising from operations of the facility or group of facilities.
Whereas, the Grantor has elected to establish a standby trust into which the proceeds from a letter of
credit may be deposited to assure all or part of such financial responsibility for the facilities identified
herein.
Whereas, the Grantor, acting through its duly authorized officers, has selected the Trustee to be the
trustee under this agreement, and the Trustee is willing to act as trustee.
Now, therefore, the Grantor and the Trustee agree as follows:
Section 1. Definitions. As used in this Agreement:
(a) The term Grantor means the owner or operator who enters into this Agreement and any successors or
assigns of the Grantor.
(b) The term Trustee means the Trustee who enters into this Agreement and any successor Trustee.
Section 2. Identification of Facilities. This agreement pertains to the facilities identified on attached
schedule A [on schedule A, for each facility list the EPA Identification Number, name, and address of the
facility(ies) and the amount of liability coverage, or portions thereof, if more than one instrument affords
combined coverage as demonstrated by this Agreement].
Section 3. Establishment of Fund. The Grantor and the Trustee hereby establish a standby trust fund,
hereafter the "Fund," for the benefit of any and all third parties injured or damaged by [sudden and/or
nonsudden] accidental occurrences arising from operation of the facility(ies) covered by this guarantee, in
the amounts of [up to $1 million] per occurrence and [up to $2 million] annual aggregate
for sudden accidental occurrences and [up to $3 million] per occurrence and [up to $6
million] annual aggregate for nonsudden occurrences, except that the Fund is not established for the
benefit of third parties for the following:
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(a) Bodily injury or property damage for which [insert Grantor] is obligated to pay damages by reason of
the assumption of liability in a contract or agreement. This exclusion does not apply to liability for
damages that [insert Grantor] would be obligated to pay in the absence of the contract or agreement.
(b) Any obligation of [insert Grantor] under a workers' compensation, disability benefits, or unemployment
compensation law or any similar law.
(c) Bodily injury to:
(1) An employee of [insert Grantor] arising from , and in the course of, employment by [insert Grantor]; or
(2) The spouse, child, parent, brother or sister of that employee as a consequence of, or arising from, and
in the course of employment by [insert Grantor].
This exclusion applies:
(A) Whether [insert Grantor] may be liable as an employer or in any other capacity; and
(B) To any obligation to share damages with or repay another person who must pay damages because of
the injury to persons identified in paragraphs (1) and (2).
(d) Bodily injury or property damage arising out of the ownership, maintenance, use, or entrustment to
others of any aircraft, motor vehicle or watercraft.
(e) Property damage to:
(1) Any property owned, rented, or occupied by [insert Grantor];
(2) Premises that are sold, given away or abandoned by [insert Grantor] if the property damage arises out
of any part of those premises;
(3) Property loaned by [insert Grantor];
(4) Personal property in the care, custody or control of [insert Grantor];
(5) That particular part of real property on which [insert Grantor] or any contractors or subcontractors
working directly or indirectly on behalf of [insert Grantor] are performing operations, if the property
damage arises out of these operations.
In the event of combination with another mechanism for liability coverage, the fund shall be considered
[insert "primary" or "excess"] coverage.
The Fund is established initially as consisting of the proceeds of the letter of credit deposited into the
Fund. Such proceeds and any other property subsequently transferred to the Trustee is referred to as the
Fund, together with all earnings and profits thereon, less any payments or distributions made by the
Trustee pursuant to this Agreement. The Fund shall be held by the Trustee, IN TRUST, as hereinafter
provided. The Trustee shall not be responsible nor shall it undertake any responsibility for the amount or
adequacy of, nor any duty to collect from the Grantor, any payments necessary to discharge any liabilities
of the Grantor established by EPA.
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Section 4. Payment for Bodily Injury or Property Damage. The Trustee shall satisfy a third party liability
claim by drawing on the letter of credit described in Schedule B and by making payments from the Fund
only upon receipt of one of the following documents:
(a) Certification from the Grantor and the third party claimant(s) that the liability claim should be paid. The
certification must be worded as follows, except that instructions in brackets are to be replaced with the
relevant information and the brackets deleted:
Certification of Valid Claim
The undersigned, as parties [insert Grantor] and [insert name and address of third party claimants)],
hereby certify that the claim of bodily injury and/or property damage caused by a [sudden or nonsudden]
accidental occurrence arising from operating [Grantor's] hazardous waste treatment, storage, or disposal
facility should be paid in the amount of $[ ].
[Signature]
G ra nto r
[Signatures],
Claimant(s)_
(b) A valid final court order establishing a judgment against the Grantor for bodily injury or property
damage caused by sudden or nonsudden accidental occurrences arising from the operation of the
Grantor's facility or group of facilities.
Section 5. Payments Comprising the Fund. Payments made to the Trustee for the Fund shall consist of
the proceeds from the letter of credit drawn upon by the Trustee in accordance with the requirements of
40 CFR 264.151 (k) and Section 4 of this Agreement.
Section 6. Trustee Management. The Trustee shall invest and reinvest the principal and income, in
accordance with general investment policies and guidelines which the Grantor may communicate in
writing to the Trustee from time to time, subject, however, to the provisions of this Section. In investing,
reinvesting, exchanging, selling, and managing the Fund, the Trustee shall discharge his duties with
respect to the trust fund solely in the interest of the beneficiary and with the care, skill, prudence, and
diligence under the circumstances then prevailing which persons of prudence, acting in a like capacity
and familiar with such matters, would use in the conduct of an enterprise of a like character and with like
aims; except that:
(i) Securities or other obligations of the Grantor, or any other owner or operator of the facilities, or any of
their affiliates as defined in the Investment Company Act of 1940, as amended, 15 U.S.C. 80a-2(a), shall
not be acquired or held, unless they are securities or other obligations of the Federal or a State
government;
(ii) The Trustee is authorized to invest the Fund in time or demand deposits of the Trustee, to the extent
insured by an agency of the Federal or a State government; and
(iii) The Trustee is authorized to hold cash awaiting investment or distribution uninvested fora reasonable
time and without liability for the payment of interest thereon.
Section 7. Commingling and Investment. The Trustee is expressly authorized in its discretion:
(a) To transfer from time to time any or all of the assets of the Fund to any common, commingled, or
collective trust fund created by the Trustee in which the Fund is eligible to participate, subject to all of the
provisions thereof, to be commingled with the assets of other trusts participating therein; and
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(b) To purchase shares in any investment company registered under the Investment Company Act of
1940, 15 U.S.C. 80a-1 et seq., including one which may be created, managed, underwritten, or to which
investment advice is rendered or the shares of which are sold by the Trustee. The Trustee may vote such
shares in its discretion.
Section 8. Express Powers of Trustee. Without in any way limiting the powers and discretions conferred
upon the Trustee by the other provisions of this Agreement or by law, the Trustee is expressly authorized
and empowered:
(a) To sell, exchange, convey, transfer, or otherwise dispose of any property held by it, by public or
private sale. No person dealing with the Trustee shall be bound to see to the application of the purchase
money or to inquire into the validity or expediency of any such sale or other disposition;
(b) To make, execute, acknowledge, and deliver any and all documents of transfer and conveyance and
any and all other instruments that may be necessary or appropriate to carry out the powers herein
granted;
(c) To register any securities held in the Fund in its own name or in the name of a nominee and to hold
any security in bearer form or in book entry, or to combine certificates representing such securities with
certificates of the same issue held by the Trustee in other fiduciary capacities, or to deposit or arrange for
the deposit of such securities in a qualified central depositary even though, when so deposited, such
securities may be merged and held in bulk in the name of the nominee of such depositary with other
securities deposited therein by another person, or to deposit or arrange for the deposit of any securities
issued by the United States Government, or any agency or instrumentality thereof, with a Federal
Reserve Bank, but the books and records of the Trustee shall at all times show that all such securities are
part of the Fund;
(d) To deposit any cash in the Fund in interest-bearing accounts maintained or savings certificates issued
by the Trustee, in its separate corporate capacity, or in any other banking institution affiliated with the
Trustee, to the extent insured by an agency of the Federal or State government; and
(e) To compromise or otherwise adjust all claims in favor of or against the Fund.
Section 9. Taxes and Expenses. All taxes of any kind that may be assessed or levied against or in
respect of the Fund and all brokerage commissions incurred by the Fund shall be paid from the Fund. All
other expenses incurred by the Trustee in connection with the administration of this Trust, including fees
for legal services rendered to the Trustee, the compensation of the Trustee to the extent not paid directly
by the Grantor, and all other proper charges and disbursements to the Trustee shall be paid from the
Fund.
Section 10. Advice of Counsel. The Trustee may from time to time consult with counsel, who may be
counsel to the Grantor, with respect to any question arising as to the construction of this Agreement or
any action to be taken hereunder. The Trustee shall be fully protected, to the extent permitted by law, in
acting upon the advice of counsel.
Section 11. Trustee Compensation. The Trustee shall be entitled to reasonable compensation for its
services as agreed upon in writing from time to time with the Grantor.
Section 12. Successor Trustee. The Trustee may resign or the Grantor may replace the Trustee, but such
resignation or replacement shall not be effective until the Grantor has appointed a successor trustee and
this successor accepts the appointment. The successor trustee shall have the same powers and duties
as those conferred upon the Trustee hereunder. Upon the successor trustee's acceptance of the
appointment, the Trustee shall assign, transfer, and pay over to the successor trustee the funds and
properties then constituting the Fund. If for any reason the Grantor cannot or does not act in the event of
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the resignation of the Trustee, the Trustee may apply to a court of competent jurisdiction for the
appointment of a successor trustee or for instructions. The successor trustee shall specify the date on
which it assumes administration of the trust in a writing sent to the Grantor, the EPA Regional
Administrator and the present Trustee by certified mail 10 days before such change becomes effective.
Any expenses incurred by the Trustee as a result of any of the acts contemplated by this Section shall be
paid as provided in Section 9.
Section 13. Instructions to the Trustee. All orders, requests, certifications of valid claims, and instructions
to the Trustee shall be in writing, signed by such persons as are designated in the attached Exhibit A or
such other designees as the Grantor may designate by amendments to Exhibit A. The Trustee shall be
fully protected in acting without inquiry in accordance with the Grantor's orders, requests, and
instructions. The Trustee shall have the right to assume, in the absence of written notice to the contrary,
that no event constituting a change or a termination of the authority of any person to act on behalf of the
Grantor or the EPA Regional Administrator hereunder has occurred. The Trustee shall have no duty to
act in the absence of such orders, requests, and instructions from the Grantor and/or EPA, except as
provided for herein.
Section 14. Amendment of Agreement. This Agreement may be amended by an instrument in writing
executed by the Grantor, the Trustee, and the EPA Regional Administrator, or by the Trustee and the
EPA Regional Administrator if the Grantor ceases to exist.
Section 15. Irrevocability and Termination. Subject to the right of the parties to amend this Agreement as
provided in Section 14, this Trust shall be irrevocable and shall continue until terminated at the written
agreement of the Grantor, the Trustee, and the EPA Regional Administrator, or by the Trustee and the
EPA Regional Administrator, if the Grantor ceases to exist. Upon termination of the Trust, all remaining
trust property, less final trust administration expenses, shall be paid to the Grantor.
The Regional Administrator will agree to termination of the Trust when the owner or operator substitutes
alternative financial assurance as specified in this section.
Section 16. Immunity and indemnification. The Trustee shall not incur personal liability of any nature in
connection with any act or omission, made in good faith, in the administration of this Trust, or in carrying
out any directions by the Grantor and the EPA Regional Administrator issued in accordance with this
Agreement. The Trustee shall be indemnified and saved harmless by the Grantor or from the Trust Fund,
or both, from and against any personal liability to which the Trustee may be subjected by reason of any
act or conduct in its official capacity, including all expenses reasonably incurred in its defense in the event
the Grantor fails to provide such defense.
Section 17. Choice of Law. This Agreement shall be administered, construed, and enforced according to
the laws of the State of [enter name of State].
Section 18. Interpretation. As used in this Agreement, words in the singular include the plural and words
in the plural include the singular. The descriptive headings for each Section of this Agreement shall not
affect the interpretation of the legal efficacy of this Agreement.
In Witness Whereof the parties have caused this Agreement to be executed by their respective officers
duly authorized and their corporate seals to be hereunto affixed and attested as of the date first above
written. The parties below certify that the wording of this Agreement is identical to the wording specified in
40 CFR 264.151 (n) as such regulations were constituted on the date first above written.
[Signature of Grantor]
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[Title]
Attest:
[Title]
[Seal]
[Signature of Trustee]
Attest:
[Title]
[Seal]
(2) The following is an example of the certification of acknowledgement which must accompany the trust
agreement for a standby trust fund as specified in section 264.147(h) or265.147(h) of this chapter. State
requirements may differ on the proper content of this acknowledgement.
State of
County of
On this [date], before me personally came [owner or operator] to me known, who, being by me duly
sworn, did depose and say that she/he resides at [address], that she/he is [title] of [corporation], the
corporation described in and which executed the above instrument; that she/he knows the seal of said
corporation; that the seal affixed to such instrument is such corporate seal; that it was so affixed by order
of the Board of Directors of said corporation, and that she/he signed her/his name thereto by like order.
[Signature of Notary Public]
[47 FR 15059, Apr. 7, 1982, as amended at 47 FR 16556, Apr. 16, 1982; 47 FR 17989, Apr. 27, 1982; 47 FR 19995,
May 10, 1982; 47 FR 28627, July 1, 1982; 51 FR 16450, May 2, 1986; 51 FR 25354, July 11, 1986; 52 FR 44320,
Nov. 18, 1987; 53 FR 33952, Sept. 1, 1988; 57 FR 42836, Sept. 16, 1992; 59 FR 29960, June 10, 1994; 71 FR
40272, July 14, 2006]
Subpart I—Use and Management of Containers
Source: 46 FR2866, Jan. 12, 1981, unless otherwise noted.
§264.170 Applicability.
The regulations in this subpart apply to owners and operators of all hazardous waste facilities that store containers of
hazardous waste, except as §264.1 provides otherwise.
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[ Comment: Under §261.7 and §261.33(c), if a hazardous waste is emptied from a container the residue
remaining in the container is not considered a hazardous waste if the container is "empty" as defined in
§261.7. In that event, management of the container is exempt from the requirements of this subpart]
§ 264.171 Condition of containers.
If a container holding hazardous waste is not in good condition (e.g., severe rusting, apparent structural defects) or if
it begins to leak, the 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.
§ 264.172 Compatibility of waste with containers.
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.
§ 264.173 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: Reuse of containers in transportation is governed by U.S. Department of Transportation
regulations including those set forth in 49 CFR 173.28.]
§264.174 Inspections.
At least weekly, the owner or operator must inspect areas where containers are stored, except for Performance Track
member facilities, that may conduct inspections at least once each month, upon approval by the Director. To apply for
reduced inspection frequencies, the Performance Track member facility must follow the procedures identified in
§264.15(b)(5) of this part. The owner or operator must look for leaking containers and for deterioration of containers
and the containment system caused by corrosion or other factors.
[Comment: See §§264.15(c) and 264.171 for remedial action required if deterioration or leaks are detected.]
[71 FR 16905, Apr. 4, 2006]
§264.175 Containment.
(a) Container storage areas must have a containment system that is designed and operated in accordance with
paragraph (b) of this section, except as otherwise provided by paragraph (c) of this section.
(b) A containment system must be designed and operated as follows:
(1) A base must underlie the containers which is free of cracks or gaps and is sufficiently impervious to contain leaks,
spills, and accumulated precipitation until the collected material is detected and removed;
(2) The base must be sloped or the containment system must be otherwise designed and operated to drain and
remove liquids resulting from leaks, spills, or precipitation, unless the containers are elevated or are otherwise
protected from contact with accumulated liquids;
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(3) The containment system must have sufficient capacity to contain 10% of the volume of containers or the volume
of the largest container, whichever is greater. Containers that do not contain free liquids need not be considered in
this determination;
(4) Run-on into the containment system must be prevented unless the collection system has sufficient excess
capacity in addition to that required in paragraph (b)(3) of this section to contain any run-on which might enter the
system; and
(5) Spilled or leaked waste and accumulated precipitation must be removed from the sump or collection area in as
timely a manner as is necessary to prevent overflow of the collection system.
[ Comment: If the collected material is a hazardous waste under part 261 of this Chapter, it must be
managed as a hazardous waste in accordance with all applicable requirements of parts 262 through 266
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 section 402 of the Clean Water Act, as amended.]
(c) Storage areas that store containers holding only wastes that do not contain free liquids need not have a
containment system defined by paragraph (b) of this section, except as provided by paragraph (d) of this section or
provided that:
(1) The storage area is sloped or is otherwise designed and operated to drain and remove liquid resulting from
precipitation, or
(2) The containers are elevated or are otherwise protected from contact with accumulated liquid.
(d) Storage areas that store containers holding the wastes listed below that do not contain free liquids must have a
containment system defined by paragraph (b) of this section:
(1) FO20, FO21, FO22, FO23, FO26, and FO27.
(2) [Reserved]
[46 FR 55112, Nov. 6, 1981, as amended at 50 FR 2003, Jan. 14, 1985; 71 FR 40273, July 14, 2006]
§ 264.176 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 §264.17(a) for additional requirements.]
§ 264.177 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 §264.17(b) is complied with.
(b) Hazardous waste must not be placed in an unwashed container that previously held an incompatible waste or
material.
[ Comment: As required by §264.13, the waste analysis plan must include analyses needed to comply
with §264.177. Also, §264.17(c) requires wastes analyses, trial tests or other documentation to assure
compliance with §264.17(b). As required by §264.73, the owner or operator must place the results of
each waste analysis and trial test, and any documented information, in the operating record of the facility.]
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(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 section is to prevent fires, explosions, gaseous emission, 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.]
§264.178 Closure.
At closure, all hazardous waste and hazardous waste residues must be removed from the containment system.
Remaining containers, liners, bases, and soil containing or contaminated with hazardous waste or hazardous waste
residues must be decontaminated or removed.
[ 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 solid waste removed from the containment system 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].
§ 264.179 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 59950, Nov. 25, 1996]
Source: 51 FR 25472, July 14, 1986, unless otherwise noted.
§264.190 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 §264.1 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 §264.193. 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 §264.193(a).
(c) Tanks, sumps, and other such collection devices or systems used in conjunction with drip pads, as defined in
§260.10 of this chapter and regulated under 40 CFR part 264 subpart W, must meet the requirements of this subpart.
[51 FR 25472, July 14, 1986; 51 FR 29430, Aug. 15, 1986, as amended at 53 FR 34086, Sept. 2, 1988; 55 FR
50484, Dec. 6, 1990; 58 FR 46050, Aug. 31, 1993; 70 FR 34581, June 14, 2005]
§ 264.191 Assessment of existing tank system's integrity.
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(a) For each existing tank system that does not have secondary containment meeting the requirements of §264.193,
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 §270.11(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 and 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, the assessment must include 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, and
(ii) For other than non-enterable underground tanks and for ancillary equipment, this assessment must include either
a leak test, as described above, or other integrity examination that is certified by a qualified Professional Engineer in
accordance with §270.11(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 other than a leak test.]
(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), a tank system is found to be leaking
or unfit for use, the owner or operator must comply with the requirements of §264.196.
[51 FR 25472, July 14, 1986; 51 FR 29430, Aug. 15, 1986, as amended at 71 FR 16905, Apr. 4, 2006]
§ 264.192 Design and installation of new tank systems or components.
(a) Owners or operators of new tank systems or components must obtain and submit to the Regional Administrator,
at time of submittal of part B information, a written assessment, reviewed and certified by a qualified Professional
Engineer, in accordance with §270.11(d) of this chapter, attesting that the tank system has sufficient structural
integrity and is acceptable for the storing and treating of hazardous waste. The assessment must show that the
foundation, structural support, seams, connections, and pressure controls (if applicable) are adequately designed and
that the tank system has sufficient structural strength, compatibility with the waste(s) to be stored or treated, and
corrosion protection to ensure that it will not collapse, rupture, or fail. This assessment, which will be used by the
Regional Administrator to review and approve or disapprove the acceptability of the tank system design, must
include, at a minimum, the following information:
(1) Design standard(s) according to which tank(s) and/or the ancillary equipment are constructed;
(2) Hazardous characteristics of the waste(s) to be handled;
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(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 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)SoilpH;
(C) Soil sulfides level;
(D) Soil resistivity;
(E) Structure to soil potential;
(F) Influence of nearby underground metal structures (e.g., piping);
(G) Existence of stray electric current;
(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, fiberglass reinforced plastic, etc.;
(B) Corrosion-resistant coating (such as epoxy, fiberglass, etc.) with cathodic protection (e.g., impressed current or
sacrificial anodes); and
(C) Electrical isolation devices such as insulating joints, flanges, etc.
[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 adversely 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 dislodgment where the tank system is placed in a saturated
zone, or is located within a seismic fault zone subject to the standards of §264.18(a); and
(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 tanks systems or components, must inspect the system
for the presence of any of the following items:
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(1)Weld breaks;
(2) Punctures;
(3) Scrapes of protective coatings;
(4) Cracks;
(5) Corrosion;
(6) Other structural damage or inadequate construction/installation.
All discrepancies must be remedied before the tank system is covered, enclosed, or placed in use.
(c) New tank systems or components 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 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 into 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 Piping," and ANSI Standard B31.4 "Liquid Petroleum Transportation
Piping 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 recommended by an independent
corrosion expert, based on the information provided under paragraph (a)(3) of this section, or other corrosion
protection if the Regional Administrator believes other corrosion protection is necessary 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, that 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.
[51 FR 25472, July 14, 1986; 51 FR 29430, Aug. 15, 1986, as amended at 71 FR 16905, Apr. 4, 2006]
§ 264.193 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 two years of the hazardous
waste listing, or when the tank system has reached 15 years of age, whichever comes later.
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(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 wastes(s) to be placed in the tank system and
must have sufficient strength and thickness to prevent failure owing to pressure gradients (including static head and
external hydrological forces), physical contact with the waste to which it is exposed, climatic conditions, 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, 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 or secondary containment structure or the presence of any release of hazardous waste or accumulated liquid
in the secondary containment system within 24 hours, or at the earliest practicable time if the owner or operator can
demonstrate to the Regional Administrator that existing detection technologies or site conditions will not allow
detection of a release within 24 hours; and
(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 and the environment, if the
owner or operator can demonstrate to the Regional Administrator that 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 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 a Publicly Owned Treatment Works (POTW), it is subject to the requirements
of section 307 of the Clean 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;
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(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 surround the tank completely and to cover all surrounding earth likely to come into
contact with the waste if the waste is 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 completely enveloped 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 and of 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 concludes, that the existing detection technology or site conditions would 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 Tanks" may be used as guidelines for aspects of the design of underground steel double-
walled tanks.]
(f) Ancillary equipment must be provided with secondary containment (e.g., trench, jacketing, double-walled piping)
that meets the requirements of paragraphs (b) and (c) of this section except for:
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(1) Aboveground piping (exclusive of flanges, joints, valves, and other 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 that alternative design and operating practices, together
with location characteristics, will prevent the migration of any 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.
(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 wastes;
(ii) The proposed alternate design and operation;
(iii) The hydrogeologic setting of the facility, including the thickness of soils present 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 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 ground-water users,
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(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)(1) 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 §264.196, 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 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 requirement of §264.197(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)(1) 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 variance), must:
(i) Comply with the requirements of §264.196 (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 §264.197(b); and
(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
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meet the requirements for new tank systems in §264.192 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.
(ii) For new tank systems, at least 30 days prior to entering into a contract for installation.
(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)(1) or paragraph (g)(2) of this section;
(3) The demonstration for a variance must be completed within 180 days after notifying the Regional Administrator of
an intent to conduct the demonstration; and
(4) If a variance is granted under this paragraph, the Regional Administrator will require the permittee to construct
and operate the tank system in the manner that was demonstrated to meet the requirements for the variance.
(i) All tank systems, until such time as secondary containment that meets 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 §264.191(b)(5) or other tank
integrity method, as approved or required by the Regional Administrator, must be conducted at least annually.
(2) For other than non-enterable underground tanks, the owner or operator must either conduct a leak test as in
paragraph (i)(1) of this section or develop a schedule and procedure for an assessment of the overall condition of the
tank system by a qualified Professional Engineer. The schedule and procedure must be adequate to detect obvious
cracks, leaks, and corrosion or erosion that may lead to cracks and leaks. 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. The
frequency of these assessments must be based on the material of construction of the tank and its ancillary
equipment, the age of the system, the type of corrosion or erosion protection used, the rate of corrosion or erosion
observed during the previous inspection, and the characteristics of the waste being stored or treated.
(3) For ancillary equipment, a leak test or other integrity assessment as approved by the Regional Administrator must
be conducted at least annually.
[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 for assessing the overall condition of the tank system.]
(4) 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)(1) through (i)(3) of this section.
(5) 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)(1) through (i)(3) of this section, the owner or operator must comply with the requirements of §264.196.
[51 FR 25472, July 14, 1986; 51 FR 29430, Aug. 15, 1986, as amended at 53 FR 34086, Sept. 2, 1988; 71 FR
16905, Apr. 4, 2006; 71 FR 40273, July 14, 2006]
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§ 264.194 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 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
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 §264.196 if a leak or spill occurs in the tank system.
§264.195 Inspections.
(a) The owner or operator must develop and follow a schedule and procedure for inspecting overfill controls.
(b) The owner or operator must inspect 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.
[Note: Section 264.15(c) requires the owner or operator to remedy any deterioration or malfunction he
finds. Section 264.196 requires the owner or operator to notify the Regional Administrator within 24 hours
of confirming a leak. Also, 40 CFR part 302 may require the owner or operator to notify the National
Response Center of a release.]
(c) In addition, except as noted under paragraph (d) of this section, the owner or operator must inspect at least once
each operating day:
(1) Above ground portions of the tank system, if any, to detect corrosion or releases of waste.
(2) 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).
(d) Owners or operators of tank systems that either use leak detection systems 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 (c)(1) and (c)(2) 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.
(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 §264.15(b)(5).
(f) Ancillary equipment that is not provided with secondary containment, as described in §264.193(f)(1) through (4),
must be inspected at least once each operating day.
(g) 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:
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(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.]
(h) The owner or operator must document in the operating record of the facility an inspection of those items in
paragraphs (a) through (c) of this section.
[51 FR 25472, July 14, 1986, as amended at 71 FR 16906, Apr. 4, 2006]
§ 264.196 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/operator must, within 24 hours after detection of the leak or, if the owner/operator demonstrates
that it 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 material released 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 human health and the environment.
(c) Containment of visible releases to the environment. The owner/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 its 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 is exempted from the requirements of this paragraph if it is:
(i) Less than or equal to a quantity of one (1) pound, and
(ii) Immediately contained and cleaned up.
(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;
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(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 downgradient drinking water, surface water, and populated areas; and
(v) Description of response actions taken or planned.
(e) Provision of secondary containment, repair, or closure. (1) Unless the owner/operator satisfies the requirements of
paragraphs (e)(2) through (4) of this section, the tank system must be closed in accordance with §264.197.
(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 §264.193 before it can be returned to service, unless the
source of the leak is an aboveground portion of a tank system that can be inspected visually. 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 §§264.192 and 264.193. Additionally, if a leak has occurred in
any portion of a tank system component that is not readily accessible for visual inspection (e.g., the bottom of an
inground or onground tank), the entire component must be provided with secondary containment in accordance with
§264.193 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 §270.11 (d) of this
chapter that the repaired system is capable of handling hazardous wastes without release for the intended life of the
system. This certification must 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 §264.15(c) for the requirements necessary to remedy a failure. Also, 40 CFR part 302 may
require the owner or operator to notify the National Response Center of certain releases.]
[51 FR 25472, July 14, 1986; 51 FR 29430, Aug. 15, 1986, as amended at 53 FR 34086, Sept. 2, 1988; 71 FR
16906, Apr. 4, 2006]
§ 264.197 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.
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(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 (§264.310). 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 that does not have secondary containment that meets the requirements
of §264.193 (b) through (f) and has not been granted a variance from the secondary containment requirements in
accordance with §264.193(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 those 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 25472, July 14, 1986; 51 FR 29430, Aug. 15, 1986]
§ 264.198 Special requirements for ignitable or reactive wastes.
(a) Ignitable or reactive waste must not be placed in tank systems, 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 264.17(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 a tank 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).
§ 264.199 Special requirements for incompatible wastes.
(a) Incompatible wastes, or incompatible wastes and materials, must not be placed in the same tank system, unless
§264.17(b) is complied with.
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(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 §264.17(b) is complied with.
§264.200 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 59950, Nov. 25, 1996]
K—
Source: 47 FR 32357, July 26, 1982, unless otherwise noted.
§ 264.220 Applicability.
The regulations in this subpart apply to owners and operators of facilities that use surface impoundments to treat,
store, or dispose of hazardous waste except as §264.1 provides otherwise.
§ 264.221 Design and operating requirements.
(a) Any surface impoundment that is not covered by paragraph (c) of this section or §265.221 of this chapter must
have a liner for all portions of the impoundment (except for existing portions of such impoundments). The liner must
be designed, constructed, and installed to prevent any migration of wastes out of the impoundment to the adjacent
subsurface soil or ground water or surface water at any time during the active life (including the closure period) of the
impoundment. The liner may be constructed of materials that may allow wastes to migrate into the liner (but not into
the adjacent subsurface soil or ground water or surface water) during the active life of the facility, provided that the
impoundment is closed in accordance with §264.228(a)(1). For impoundments that will be closed in accordance with
§264.228(a)(2), the liner must be constructed of materials that can prevent wastes from migrating into the liner during
the active life of the facility. The liner must be:
(1) 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 leachate to which they are exposed, climatic conditions, the stress of installation, and the stress of
daily operation;
(2) 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
(3) Installed to cover all surrounding earth likely to be in contact with the waste or leachate.
(b)The owner or operator will be exempted from the requirements of paragraph (a) of this section if the Regional
Administrator finds, based on a demonstration by the owner or operator, that alternate design and operating
practices, together with location characteristics, will prevent the migration of any hazardous constituents (see
§264.93) into the ground water or surface water at any future time. In deciding whether to grant an exemption, the
Regional Administrator will consider:
(1)The nature and quantity of the wastes;
(2) The proposed alternate design and operation;
(3) The hydrogeologic setting of the facility, including the attenuative capacity and thickness of the liners and soils
present between the impoundment and ground water or surface water; and
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(4) All other factors which would influence the quality and mobility of the leachate produced and the potential for it to
migrate to ground water or surface water.
(c) The owner or operator of each new surface impoundment unit on which construction commences after January
29, 1992, each lateral expansion of a surface impoundment unit on which construction commences after July 29,
1992 and each replacement of an existing surface impoundment unit that is to commence reuse after July 29, 1992
must install two or more liners and a leachate collection and removal system between such liners. "Construction
commences" is as defined in §260.10 of this chapter under "existing facility".
(1)(i) The liner system must include:
(A) Atop liner designed and constructed of materials (e.g., a geomembrane) to prevent the migration of hazardous
constituents into such liner during the active life and post-closure care period; and
(B) A composite bottom liner, consisting of at least two components. The upper component must be designed and
constructed of materials (e.g., a geomembrane) to prevent the migration of hazardous constituents into this
component during the active life and post-closure care period. The lower component must be designed and
constructed of materials to minimize the migration of hazardous constituents if a breach in the upper component were
to occur. The lower component must be constructed of at least 3 feet (91 cm) of compacted soil material with a
hydraulic conductivity of no more than 1xlo~7cm/sec.
(ii) The liners must comply with paragraphs (a) (1), (2), and (3) of this section.
(2) The leachate collection and removal system between the liners, and immediately above the bottom composite
liner in the case of multiple leachate collection and removal systems, is also a leak detection system. This leak
detection system must be capable of detecting, collecting, and removing leaks of hazardous constituents at the
earliest practicable time through all areas of the top liner likely to be exposed to waste or leachate during the active
life and post-closure care period. The requirements for a leak detection system in this paragraph are satisfied by
installation of a system that is, at a minimum:
(i) Constructed with a bottom slope of one percent or more;
(ii) Constructed of granular drainage materials with a hydraulic conductivity of 1x10~1 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
3x10~4m2 sec or more;
(iii) Constructed of materials that are chemically resistant to the waste managed in the surface impoundment and the
leachate expected to be generated, and of sufficient strength and thickness to prevent collapse under the pressures
exerted by overlying wastes and any waste cover materials or equipment used at the surface impoundment;
(iv) Designed and operated to minimize clogging during the active life and post-closure care period; and
(v) Constructed with sumps and liquid removal methods (e.g., pumps) of sufficient size to collect and remove liquids
from the sump and prevent liquids from backing up into the drainage layer. Each unit must have its own sump(s). The
design of each sump and removal system must provide a method for measuring and recording the volume of liquids
present in the sump and of liquids removed.
(3) The owner or operator shall collect and remove pumpable liquids in the sumps to minimize the head on the
bottom liner.
(4) The owner or operator of a leak detection system that is not located completely above the seasonal high water
table must demonstrate that the operation of the leak detection system will not be adversely affected by the presence
of ground water.
(d) The Regional Administrator may approve alternative design or operating practices to those specified in paragraph
(c) of this section if the owner or operator demonstrates to the Regional Administrator that such design and operating
practices, together with location characteristics:
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(1) Will prevent the migration of any hazardous constituent into the ground water or surface water at least as
effectively as the liners and leachate collection and removal system specified in paragraph (c) of this section; and
(2) Will allow detection of leaks of hazardous constituents through the top liner at least as effectively.
(e)The double liner requirement set forth in paragraph (c) of this section may be waived by the Regional
Administrator for any monofill, if:
(1) The monofill contains only hazardous wastes from foundry furnace emission controls or metal casting molding
sand, and such wastes do not contain constituents which would render the wastes hazardous for reasons other than
the toxicity characteristic in §261.24 of this chapter; and
(2)(i)(A) The monofill has at least one liner for which there is no evidence that such liner is leaking. For the purposes
of this paragraph, the term "liner" means a liner designed, constructed, installed, and operated to prevent hazardous
waste from passing into the liner at any time during the active life of the facility, or a liner designed, constructed,
installed, and operated to prevent hazardous waste from migrating beyond the liner to adjacent subsurface soil,
ground water, or surface water at anytime during the active life of the facility. In the case of any surface
impoundment which has been exempted from the requirements of paragraph (c) of this section on the basis of a liner
designed, constructed, installed, and operated to prevent hazardous waste from passing beyond the liner, at the
closure of such impoundment, the owner or operator must remove or decontaminate all waste residues, all
contaminated liner material, and contaminated soil to the extent practicable. If all contaminated soil is not removed or
decontaminated, the owner or operator of such impoundment will comply with appropriate post-closure requirements,
including but not limited to ground-water monitoring and corrective action;
(B) The monofill is located more than one-quarter mile from an "underground source of drinking water" (as that term is
defined in 40 CFR 270.2); and
(C) The monofill is in compliance with generally applicable ground-water monitoring requirements for facilities with
permits under RCRA section 3005(c); or
(ii) The owner or operator demonstrates that the monofill 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.
(f) The owner or operator of any replacement surface impoundment unit is exempt from paragraph (c) of this section
if:
(1) The existing unit was constructed in compliance with the design standards of sections 3004 (o)(1 )(A)(i) and (o)(5)
of the Resource Conservation and Recovery Act; and
(2) There is no reason to believe that the liner is not functioning as designed.
(g) A surface impoundment must be designed, constructed, maintained, and operated to prevent overtopping
resulting from normal or abnormal operations; overfilling; wind and wave action; rainfall; run-on; malfunctions of level
controllers, alarms, and other equipment; and human error.
(h) A surface impoundment must have dikes that are designed, constructed, and maintained with sufficient structural
integrity to prevent massive failure of the dikes. In ensuring structural integrity, it must not be presumed that the liner
system will function without leakage during the active life of the unit.
(i) The Regional Administrator will specify in the permit all design and operating practices that are necessary to
ensure that the requirements of this section are satisfied.
[47 FR 32357, July 26, 1982, as amended at 50 FR 4514, Jan. 31, 1985; 50 FR 28747, July 15, 1985; 57 FR 3487,
Jan. 29, 1992; 71 FR 40273, July 14, 2006]
§ 264.222 Action leakage rate.
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(a) The Regional Administrator shall approve an action leakage rate for surface impoundment units subject to
§264.221 (c) or (d). The action leakage rate is the maximum design flow rate that the leak detection system (LDS)
can remove without the fluid head on the bottom liner exceeding 1 foot. The action leakage rate must include an
adequate safety margin to allow for uncertainties in the design (e.g., slope, hydraulic conductivity, thickness of
drainage material), construction, operation, and location of the LDS, waste and leachate characteristics, likelihood
and amounts of other sources of liquids in the LDS, and proposed response actions (e.g., the action leakage rate
must consider decreases in the flow capacity of the system overtime resulting from siltation and clogging, rib layover
and creep of synthetic components of the system, overburden pressures, etc.).
(b) To determine if the action leakage rate has been exceeded, the owner or operator must convert the weekly or
monthly flow rate from the monitoring data obtained under §264.226(d) to an average daily flow rate (gallons per acre
per day) for each sump. Unless the Regional Administrator approves a different calculation, the average daily flow
rate for each sump must be calculated weekly during the active life and closure period, and if the unit is closed in
accordance with §264.228(b), monthly during the post-closure care period when monthly monitoring is required under
§264.226(d).
[57 FR 3487, Jan. 29, 1992]
§ 264.223 Response actions.
(a) The owner or operator of surface impoundment units subject to §264.221 (c) or (d) must have an approved
response action plan before receipt of waste. The response action plan must set forth the actions to be taken if the
action leakage rate has been exceeded. At a minimum, the response action plan must describe the actions specified
in paragraph (b) of this section.
(b) If the flow rate into the leak detection system exceeds the action leakage rate for any sump, the owner or operator
must:
(1) Notify the Regional Administrator in writing of the exceedance within 7 days of the determination;
(2) Submit a preliminary written assessment to the Regional Administrator within 14 days of the determination, as to
the amount of liquids, likely sources of liquids, possible location, size, and cause of any leaks, and short-term actions
taken and planned;
(3) Determine to the extent practicable the location, size, and cause of any leak;
(4) Determine whether waste receipt should cease or be curtailed, whether any waste should be removed from the
unit for inspection, repairs, or controls, and whether or not the unit should be closed;
(5) Determine any other short-term and longer-term actions to be taken to mitigate or stop any leaks; and
(6) Within 30 days after the notification that the action leakage rate has been exceeded, submit to the Regional
Administrator the results of the analyses specified in paragraphs (b) (3), (4), and (5) of this section, the results of
actions taken, and actions planned. Monthly thereafter, as long as the flow rate in the leak detection system exceeds
the action leakage rate, the owner or operator must submit to the Regional Administrator a report summarizing the
results of any remedial actions taken and actions planned.
(c) To make the leak and/or remediation determinations in paragraphs (b) (3), (4), and (5) of this section, the owner or
operator must:
(1 )(i) Assess the source of liquids and amounts of liquids by source,
(ii) Conduct a fingerprint, hazardous constituent, or other analyses of the liquids in the leak detection system to
identify the source of liquids and possible location of any leaks, and the hazard and mobility of the liquid; and
(iii) Assess the seriousness of any leaks in terms of potential for escaping into the environment; or
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(2) Document why such assessments are not needed.
[57 FR 3488, Jan. 29, 1992,as amended at 71 FR 40273, July 14, 2006]
§§ 264.224-264.225 [Reserved]
§ 264.226 Monitoring and inspection.
(a) During construction and installation, liners (except in the case of existing portions of surface impoundments
exempt from §264.221 (a)) 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:
(1) Synthetic liners and covers must be inspected to ensure tight seams and joints and the absence of tears,
punctures, or blisters; and
(2) Soil-based and admixed liners and covers must be inspected for imperfections including lenses, cracks, channels,
root holes, or other structural non-uniformities that may cause an increase in the permeability of the liner or cover.
(b) While a surface impoundment 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 overtopping control systems;
(2) Sudden drops in the level of the impoundment's contents; and
(3) Severe erosion or other signs of deterioration in dikes or other containment devices.
(c) Prior to the issuance of a permit, and after any extended period of time (at least six months) during which the
impoundment was not in service, the owner or operator must obtain a certification from a qualified engineer that the
impoundment's dike, including that portion of any dike which provides freeboard, has structural integrity. The
certification must establish, in particular, that the dike:
(1) Will withstand the stress of the pressure exerted by the types and amounts of wastes to be placed in the
impoundment; and
(2) Will not fail due to scouring or piping, without dependence on any liner system included in the surface
impoundment construction.
(d)(1) An owner or operator required to have a leak detection system under §264.221 (c) or (d) must record the
amount of liquids removed from each leak detection system sump at least once each week during the active life and
closure period.
(2) After the final cover is installed, the amount of liquids removed from each leak detection system sump must be
recorded at least monthly. If the liquid level in the sump stays below the pump operating level for two consecutive
months, the amount of liquids in the sumps must be recorded at least quarterly. If the liquid level in the sump stays
below the pump operating level for two consecutive quarters, the amount of liquids in the sumps must be recorded at
least semi-annually. If at any time during the post-closure care period the pump operating level is exceeded at units
on quarterly or semi-annual recording schedules, the owner or operator must return to monthly recording of amounts
of liquids removed from each sump until the liquid level again stays below the pump operating level for two
consecutive months.
(3) "Pump operating level" is a liquid level proposed by the owner or operator and approved by the Regional
Administrator based on pump activation level, sump dimensions, and level that avoids backup into the drainage layer
and minimizes head in the sump.
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[47 FR 32357, July 26, 1982, as amended at 50 FR 4514, Jan. 31, 1985; 50 FR 28748, July 15, 1985; 57 FR 3488,
Jan. 29, 1992; 71 FR 40273, July 14, 2006]
§ 264.227 Emergency repairs; contingency plans.
(a) A surface impoundment must be removed from service in accordance with paragraph (b) of this section when:
(1) The level of liquids in the impoundment suddenly drops and the drop is not known to be caused by changes in the
flows into or out of the impoundment; or
(2) The dike leaks.
(b) When a surface impoundment must be removed from service as required by paragraph (a) of this section, the
owner or operator must:
(1) Immediately shut off the flow or stop the addition of wastes into the impoundment;
(2) Immediately contain any surface leakage which has occurred or is occurring;
(3) Immediately stop the leak;
(4) Take any other necessary steps to stop or prevent catastrophic failure;
(5) If a leak cannot be stopped by any other means, empty the impoundment; and
(6) Notify the Regional Administrator of the problem in writing within seven days after detecting the problem.
(c) As part of the contingency plan required in subpart D of this part, the owner or operator must specify a procedure
for complying with the requirements of paragraph (b) of this section.
(d) No surface impoundment that has been removed from service in accordance with the requirements of this section
may be restored to service unless the portion of the impoundment which was failing is repaired and the following
steps are taken:
(1) If the impoundment was removed from service as the result of actual or imminent dike failure, the dike's structural
integrity must be recertified in accordance with §264.226(c).
(2) If the impoundment was removed from service as the result of a sudden drop in the liquid level, then:
(i) For any existing portion of the impoundment, a liner must be installed in compliance with §264.221 (a); and
(ii) For any other portion of the impoundment, the repaired liner system must be certified by a qualified engineer as
meeting the design specifications approved in the permit.
(e) A surface impoundment that has been removed from service in accordance with the requirements of this section
and that is not being repaired must be closed in accordance with the provisions of §264.228.
[47 FR 32357, July 26, 1982, as amended at 50 FR 28748, July 15, 1985]
§ 264.228 Closure and post-closure care.
(a) At closure, the owner or operator must:
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(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)(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 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 final 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) If some waste residues or contaminated materials are left in place at final closure, the owner or operator must
comply with all post-closure requirements contained in §§264.117 through 264.120, including maintenance and
monitoring throughout the post- closure care period (specified in the permit under §264.117). The owner or operator
must:
(1) Maintain the integrity and effectiveness of the final cover, including making repairs to the cap 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) and 264.226(d),
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
subpart F of this part; and
(4) Prevent run-on and run-off from eroding or otherwise damaging the final cover.
(c)(1) If an owner or operator plans to close a surface impoundment in accordance with paragraph (a)(1) of this
section, and the impoundment does not comply with the liner requirements of §264.221 (a) and is not exempt from
them in accordance with §264.221 (b), then:
(i) The closure plan for the impoundment under §264.112 must include both a plan for complying with paragraph
(a)(1) of this section and a contingent plan for complying with paragraph (a)(2) of this section in case not all
contaminated subsoils can be practicably removed at closure; and
(ii) The owner or operator must prepare a contingent post-closure plan under §264.118 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 §§264.142 and 264.144 for closure and post-closure care of an
impoundment 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)(1) of
this section.
[47 FR 32357, July 26, 1982, as amended at 50 FR 28748, July 15, 1985; 57 FR 3488, Jan. 29, 1992]
§ 264.229 Special requirements for ignitable or reactive waste.
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Ignitable or reactive waste must not be placed in a surface impoundment, unless the waste and impoundment satisfy
all applicable requirements of 40 CFR part 268, and:
(a) The waste is treated, rendered, or mixed before or immediately after placement in the impoundment so that:
(1) 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
(2) Section 264.17(b) is complied with; or
(b) The waste is managed in such a way that it is protected from any material or conditions which may cause it to
ignite or react; or
(c) The surface impoundment is used solely for emergencies.
[47 FR 32357, July 26, 1982, as amended at 55 FR 22685, June 1, 1990]
§ 264.230 Special requirements for incompatible wastes.
Incompatible wastes, or incompatible wastes and materials, (see appendix V of this part for examples) must not be
placed in the same surface impoundment, unless §264.17(b) is complied with.
§ 264.231 Special requirements for hazardous wastes FO20, FO21, FO22, FO23, FO26, and FO27.
(a) Hazardous Wastes FO20, FO21, FO22, FO23, FO26, and FO27 must not be placed in a surface impoundment
unless the owner or operator operates the surface impoundment in accordance with a management plan for these
wastes that is approved by the Regional Administrator pursuant to the standards set out in this paragraph, and in
accord with all other applicable requirements of this part. The factors to be considered are:
(1) The volume, physical, and chemical characteristics of the wastes, including their potential to migrate through soil
or to volatilize or escape into the atmosphere;
(2) The attenuative properties of underlying and surrounding soils or other materials;
(3) The mobilizing properties of other materials co-disposed with these wastes; and
(4) The effectiveness of additional treatment, design, or monitoring techniques.
(b) The Regional Administrator may determine that additional design, operating, and monitoring requirements are
necessary for surface impoundments managing hazardous wastes FO20, FO21, FO22, FO23, FO26, and FO27 in
order to reduce the possibility of migration of these wastes to ground water, surface water, or air so as to protect
human health and the environment.
[50 FR 2004, Jan. 14, 1985]
§264.232 Air emission standards.
The owner or operator shall manage all hazardous waste placed in a surface impoundment in accordance with the
applicable requirements of subparts BB and CC of this part.
[61 FR 59950, Nov. 25, 1996]
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L—
Source: 47 FR 32359, July 26, 1982, unless otherwise noted.
§ 264.250 Applicability.
(a) The regulations in this subpart apply to owners and operators of facilities that store or treat hazardous waste in
piles, except as §264.1 provides otherwise.
(b) The regulations in this subpart do not apply to owners or operators of waste piles that are closed with wastes left
in place. Such waste piles are subject to regulation under subpart N of this part (Landfills).
(c) The owner or operator of any waste pile that is inside or under a structure that provides protection from
precipitation so that neither run-off nor leachate is generated is not subject to regulation under §264.251 or under
subpart F of this part, provided that:
(1) Liquids or materials containing free liquids are not placed in the pile;
(2) The pile is protected from surface water run-on by the structure or in some other manner;
(3) The pile is designed and operated to control dispersal of the waste by wind, where necessary, by means other
than wetting; and
(4) The pile will not generate leachate through decomposition or other reactions.
§ 264.251 Design and operating requirements.
(a) A waste pile (except for an existing portion of a waste pile) must have:
(1) A liner that is designed, constructed, and installed to prevent any migration of wastes out of the pile into the
adjacent subsurface soil or ground water or surface water at any time during the active life (including the closure
period) of the waste pile. The liner may be constructed of materials that may allow waste to migrate into the liner itself
(but not 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 leachate to which they are exposed, climatic conditions, the stress of installation, and the stress of daily
operation;
(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 likely to be in contact with the waste or leachate; and
(2) A leachate collection and removal system immediately above the liner that is designed, constructed, maintained,
and operated to collect and remove leachate from the pile. The Regional Administrator will specify design and
operating conditions in the permit to ensure that the leachate depth over the liner does not exceed 30 cm (one foot).
The leachate collection and removal system must be:
(i) Constructed of materials that are:
(A) Chemically resistant to the waste managed in the pile and the leachate expected to be generated; and
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(B) Of sufficient strength and thickness to prevent collapse under the pressures exerted by overlaying wastes, waste
cover materials, and by any equipment used at the pile; and
(ii) Designed and operated to function without clogging through the scheduled closure of the waste pile.
(b)The owner or operator will be exempted from the requirements of paragraph (a) of this section, if the Regional
Administrator finds, based on a demonstration by the owner or operator, that alternate design and operating
practices, together with location characteristics, will prevent the migration of any hazardous constituents (see
§264.93) into the ground water or surface water at any future time. In deciding whether to grant an exemption, the
Regional Administrator will consider:
(1)The nature and quantity of the wastes;
(2) The proposed alternate design and operation;
(3) The hydrogeologic setting of the facility, including attenuative capacity and thickness of the liners and soils
present between the pile and ground water or surface water; and
(4) All other factors which would influence the quality and mobility of the leachate produced and the potential for it to
migrate to ground water or surface water.
(c) The owner or operator of each new waste pile unit, each lateral expansion of a waste pile unit, and each
replacement of an existing waste pile unit must install two or more liners and a leachate collection and removal
system above and between such liners.
(1 )(i) The liner system must include:
(A) Atop liner designed and constructed of materials (e.g., a geomembrane) to prevent the migration of hazardous
constituents into such liner during the active life and post-closure care period; and
(B) A composite bottom liner, consisting of at least two components. The upper component must be designed and
constructed of materials (e.g., a geomembrane) to prevent the migration of hazardous constituents into this
component during the active life and post-closure care period. The lower component must be designed and
constructed of materials to minimize the migration of hazardous constituents if a breach in the upper component were
to occur. The lower component must be constructed of at least 3 feet (91 cm) of compacted soil material with a
hydraulic conductivity of no more than 1><10~7cm/sec.
(ii) The liners must comply with paragraphs (a)(1 )(i), (ii), and (iii) of this section.
(2) The leachate collection and removal system immediately above the top liner must be designed, constructed,
operated, and maintained to collect and remove leachate from the waste pile during the active life and post-closure
care period. The Regional Administrator will specify design and operating conditions in the permit to ensure that the
leachate depth over the liner does not exceed 30 cm (one foot). The leachate collection and removal system must
comply with paragraphs (c)(3)(iii) and (iv) of this section.
(3) The leachate collection and removal system between the liners, and immediately above the bottom composite
liner in the case of multiple leachate collection and removal systems, is also a leak detection system. This leak
detection system must be capable of detecting, collecting, and removing leaks of hazardous constituents at the
earliest practicable time through all areas of the top liner likely to be exposed to waste or leachate during the active
life and post-closure care period. The requirements for a leak detection system in this paragraph are satisfied by
installation of a system that is, at a minimum:
i) Constructed with a bottom slope of one percent or more;
ii) Constructed of granular drainage materials with a hydrau
of 12 inches (30.5 cm) or more; or constructed of synthetic or geonet drainage materials with a transmissivity of
146
(ii) Constructed of granular drainage materials with a hydraulic conductivity of 1><10 2cm/sec or more and a thickness
2 inch
3x10~5m2/sec or more:
-------
(iii) Constructed of materials that are chemically resistant to the waste managed in the waste pile and the leachate
expected to be generated, and of sufficient strength and thickness to prevent collapse under the pressures exerted by
overlying wastes, waste cover materials, and equipment used at the waste pile;
(iv) Designed and operated to minimize clogging during the active life and post-closure care period; and
(v) Constructed with sumps and liquid removal methods (e.g., pumps) of sufficient size to collect and remove liquids
from the sump and prevent liquids from backing up into the drainage layer. Each unit must have its own sump(s). The
design of each sump and removal system must provide a method for measuring and recording the volume of liquids
present in the sump and of liquids removed.
(4) The owner or operator shall collect and remove pumpable liquids in the leak detection system sumps to minimize
the head on the bottom liner.
(5) The owner or operator of a leak detection system that is not located completely above the seasonal high water
table must demonstrate that the operation of the leak detection system will not be adversely affected by the presence
of ground water.
(d) The Regional Administrator may approve alternative design or operating practices to those specified in paragraph
(c) of this section if the owner or operator demonstrates to the Regional Administrator that such design and operating
practices, together with location characteristics:
(1) Will prevent the migration of any hazardous constituent into the ground water or surface water at least as
effectively as the liners and leachate collection and removal systems specified in paragraph (c) of this section; and
(2) Will allow detection of leaks of hazardous constituents through the top liner at least as effectively.
(e) Paragraph (c) of this section does not apply to monofills that are granted a waiver by the Regional Administrator in
accordance with §264.221 (e).
(f) The owner or operator of any replacement waste pile unit is exempt from paragraph (c) of this section if:
(1) The existing unit was constructed in compliance with the design standards of section 3004(o)(1 )(A)(i) and (o)(5) of
the Resource Conservation and Recovery Act; and
(2) There is no reason to believe that the liner is not functioning as designed.
(g) The owner or operator must design, construct, operate, and maintain a run-on control system capable of
preventing flow onto the active portion of the pile during peak discharge from at least a 25-year storm.
(h) 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.
(i) Collection and holding facilities (e.g., tanks or basins) associated with run-on and run-off control systems must be
emptied or otherwise managed expeditiously after storms to maintain design capacity of the system.
(j) If the pile contains any particulate matter which may be subject to wind dispersal, the owner or operator must cover
or otherwise manage the pile to control wind dispersal.
(k) The Regional Administrator will specify in the permit all design and operating practices that are necessary to
ensure that the requirements of this section are satisfied.
[47 FR 32359, July 26, 1982, as amended at 50 FR 4514, Jan. 31, 1985; 57 FR 3488, Jan. 29, 1992; 71 FR 16906,
Apr. 4, 2006; 71 FR 40273, July 14, 2006]
§ 264.252 Action leakage rate.
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(a) The Regional Administrator shall approve an action leakage rate for waste pile units subject to §264.251 (c) or (d).
The action leakage rate is the maximum design flow rate that the leak detection system (LDS) can remove without
the fluid head on the bottom liner exceeding 1 foot. The action leakage rate must include an adequate safety margin
to allow for uncertainties in the design (e.g., slope, hydraulic conductivity, thickness of drainage material),
construction, operation, and location of the LDS, waste and leachate characteristics, likelihood and amounts of other
sources of liquids in the LDS, and proposed response actions (e.g., the action leakage rate must consider decreases
in the flow capacity of the system over time resulting from siltation and clogging, rib layover and creep of synthetic
components of the system, overburden pressures, etc.).
(b) To determine if the action leakage rate has been exceeded, the owner or operator must convert the weekly flow
rate from the monitoring data obtained under §264.254(c) to an average daily flow rate (gallons per acre per day) for
each sump. Unless the Regional Administrator approves a different calculation, the average daily flow rate for each
sump must be calculated weekly during the active life and closure period.
[57 FR 3489, Jan. 29, 1992, as amended at 71 FR 40273, July 14, 2006]
§ 264.253 Response actions.
(a) The owner or operator of waste pile units subject to §264.251 (c) or (d) must have an approved response action
plan before receipt of waste. The response action plan must set forth the actions to be taken if the action leakage rate
has been exceeded. At a minimum, the response action plan must describe the actions specified in paragraph (b) of
this section.
(b) If the flow rate into the leak detection system exceeds the action leakage rate for any sump, the owner or operator
must:
(1) Notify the Regional Administrator in writing of the exceedance within 7 days of the determination;
(2) Submit a preliminary written assessment to the Regional Administrator within 14 days of the determination, as to
the amount of liquids, likely sources of liquids, possible location, size, and cause of any leaks, and short-term actions
taken and planned;
(3) Determine to the extent practicable the location, size, and cause of any leak;
(4) Determine whether waste receipt should cease or be curtailed, whether any waste should be removed from the
unit for inspection, repairs, or controls, and whether or not the unit should be closed;
(5) Determine any other short-term and long-term actions to be taken to mitigate or stop any leaks; and
(6) Within 30 days after the notification that the action leakage rate has been exceeded, submit to the Regional
Administrator the results of the analyses specified in paragraphs (b) (3), (4), and (5) of this section, the results of
actions taken, and actions planned. Monthly thereafter, as long as the flow rate in the leak detection system exceeds
the action leakage rate, the owner or operator must submit to the Regional Administrator a report summarizing the
results of any remedial actions taken and actions planned.
(c) To make the leak and/or remediation determinations in paragraphs (b) (3), (4), and (5) of this section, the owner or
operator must:
(1 )(i) Assess the source of liquids and amounts of liquids by source,
(ii) Conduct a fingerprint, hazardous constituent, or other analyses of the liquids in the leak detection system to
identify the source of liquids and possible location of any leaks, and the hazard and mobility of the liquid; and
(iii) Assess the seriousness of any leaks in terms of potential for escaping into the environment; or
(2) Document why such assessments are not needed.
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[57 FR 3489, Jan. 29, 1992]
§ 264.254 Monitoring and inspection.
(a) During construction or installation, liners (except in the case of existing portions of piles exempt from
§264.251 (a)) 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:
(1) Synthetic liners and covers must be inspected to ensure tight seams and joints and the absence of tears,
punctures, or blisters; and
(2) Soil-based and admixed liners and covers must be inspected for imperfections including lenses, cracks, channels,
root holes, or other structural non-uniformities that may cause an increase in the permeability of the liner or cover.
(b) While a waste pile 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 run-off control systems;
(2) Proper functioning of wind dispersal control systems, where present; and
(3) The presence of leachate in and proper functioning of leachate collection and removal systems, where present.
(c) An owner or operator required to have a leak detection system under §264.251 (c) must record the amount of
liquids removed from each leak detection system sump at least once each week during the active life and closure
period.
[47 FR 32359, July 26, 1982, as amended at 50 FR 4514, Jan. 31, 1985; 50 FR 28748, July 15, 1985; 57 FR 3489,
Jan. 29, 1992]
§264.255 [Reserved]
§ 264.256 Special requirements for ignitable or reactive waste.
Ignitable or reactive waste must not be placed in a waste pile unless the waste and waste pile satisfy all applicable
requirements of 40 CFR part 268, and:
(a) The waste is treated, rendered, or mixed before or immediately after placement in the pile so that:
(1) 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
(2) Section 264.17(b) is complied with; or
(b) The waste is managed in such a way that it is protected from any material or conditions which may cause it to
ignite or react.
[47 FR 32359, July 26, 1982, as amended at 55 FR 22685, June 1, 1990]
§ 264.257 Special requirements for incompatible wastes.
(a) Incompatible wastes, or incompatible wastes and materials, (see appendix V of this part for examples) must not
be placed in the same pile, unless §264.17(b) is complied with.
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(b) A pile of hazardous waste that is incompatible with any waste or other material stored nearby in containers, other
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.
(c) Hazardous waste must not be piled on the same base where incompatible wastes or materials were previously
piled, unless the base has been decontaminated sufficiently to ensure compliance with §264.17(b).
§ 264.258 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.
(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 care requirements that apply to landfills (§264.310).
(c)(1)The owner or operator of a waste pile that does not comply with the liner requirements of §264.251(a)(1) and is
not exempt from them in accordance with §264.250(c) or §264.251 (b), must:
(i) Include in the closure plan for the pile under §264.112 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 §264.118 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 §§264.142 and 264.144 for closure and post-closure care of a pile 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.
§ 264.259 Special requirements for hazardous wastes FO20, FO21, FO22, FO23, FO26, and FO27.
(a) Hazardous Wastes FO20, FO21, FO22, FO23, FO26, and FO27 must not be placed in waste piles that are not
enclosed (as defined in §264.250(c)) unless the owner or operator operates the waste pile in accordance with a
management plan for these wastes that is approved by the Regional Administrator pursuant to the standards set out
in this paragraph, and in accord with all other applicable requirements of this part. The factors to be considered are:
(1) The volume, physical, and chemical characteristics of the wastes, including their potential to migrate through soil
or to volatilize or escape into the atmosphere;
(2) The attenuative properties of underlying and surrounding soils or other materials;
(3) The mobilizing properties of other materials co-disposed with these wastes; and
(4) The effectiveness of additional treatment, design, or monitoring techniques.
(b) The Regional Administrator may determine that additional design, operating, and monitoring requirements are
necessary for piles managing hazardous wastes FO20, FO21, FO22, FO23, FO26, and FO27 in order to reduce the
possibility of migration of these wastes to ground water, surface water, or air so as to protect human health and the
environment.
[50 FR 2004, Jan. 14, 1985, as amended at 71 FR 40273, July 14, 2006]
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Source: 47 FR 32361, July 26, 1982, unless otherwise noted.
§ 264.270 Applicability.
The regulations in this subpart apply to owners and operators of facilities that treat or dispose of hazardous waste in
land treatment units, except as §264.1 provides otherwise.
§ 264.271 Treatment program.
(a) An owner or operator subject to this subpart must establish a land treatment program that is designed to ensure
that hazardous constituents placed in or on the treatment zone are degraded, transformed, or immobilized within the
treatment zone. The Regional Administrator will specify in the facility permit the elements of the treatment program,
including:
(1) The wastes that are capable of being treated at the unit based on a demonstration under §264.272;
(2) Design measures and operating practices necessary to maximize the success of degradation, transformation, and
immobilization processes in the treatment zone in accordance with §264.273(a); and
(3) Unsaturated zone monitoring provisions meeting the requirements of §264.278.
(b) The Regional Administrator will specify in the facility permit the hazardous constituents that must be degraded,
transformed, or immobilized under this subpart. Hazardous constituents are constituents identified in appendix VIII of
part 261 of this chapter that are reasonably expected to be in, or derived from, waste placed in or on the treatment
zone.
(c) The Regional Administrator will specify the vertical and horizontal dimensions of the treatment zone in the facility
permit. The treatment zone is the portion of the unsaturated zone below and including the land surface in which the
owner or operator intends to maintain the conditions necessary for effective degradation, transformation, or
immobilization of hazardous constituents. The maximum depth of the treatment zone must be:
(1) No more than 1.5 meters (5 feet) from the initial soil surface; and
(2) More than 1 meter (3 feet) above the seasonal high water table.
[47 FR 32361, July 26, 1982, as amended at 50 FR 4514, Jan. 31, 1985]
§ 264.272 Treatment demonstration.
(a) For each waste that will be applied to the treatment zone, the owner or operator must demonstrate, prior to
application of the waste, that hazardous constituents in the waste can be completely degraded, transformed, or
immobilized in the treatment zone.
(b) In making this demonstration, the owner or operator may use field tests, laboratory analyses, available data, or, in
the case of existing units, operating data. If the owner or operator intends to conduct field tests or laboratory analyses
in order to make the demonstration required under paragraph (a) of this section, he must obtain a treatment or
disposal permit under §270.63. The Regional Administrator will specify in this permit the testing, analytical, design,
and operating requirements (including the duration of the tests and analyses, and, in the case of field tests, the
horizontal and vertical dimensions of the treatment zone, monitoring procedures, closure and clean-up activities)
necessary to meet the requirements in paragraph (c) of this section.
(c) Any field test or laboratory analysis conducted in order to make a demonstration under paragraph (a) of this
section must:
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(1) Accurately simulate the characteristics and operating conditions for the proposed land treatment unit including:
(i) The characteristics of the waste (including the presence of appendix VIII of part 261 of this chapter constituents);
(ii) The climate in the area;
(iii) The topography of the surrounding area;
(iv) The characteristics of the soil in the treatment zone (including depth); and
(v) The operating practices to be used at the unit.
(2) Be likely to show that hazardous constituents in the waste to be tested will be completely degraded, transformed,
or immobilized in the treatment zone of the proposed land treatment unit; and
(3) Be conducted in a manner that protects human health and the environment considering:
(i) The characteristics of the waste to be tested;
(ii) The operating and monitoring measures taken during the course of the test;
(iii) The duration of the test;
(iv) The volume of waste used in the test;
(v) In the case of field tests, the potential for migration of hazardous constituents to ground water or surface water.
[47 FR 32361, July 26, 1982, as amended at 48 FR 14294, Apr. 1, 1983]
§ 264.273 Design and operating requirements.
The Regional Administrator will specify in the facility permit how the owner or operator will design, construct, operate,
and maintain the land treatment unit in compliance with this section.
(a) The owner or operator must design, construct, operate, and maintain the unit to maximize the degradation,
transformation, and immobilization of hazardous constituents in the treatment zone. The owner or operator must
design, construct, operate, and maintain the unit in accord with all design and operating conditions that were used in
the treatment demonstration under §264.272. At a minimum, the Regional Administrator will specify the following in
the facility permit:
(1)The rate and method of waste application to the treatment zone;
(2) Measures to control soil pH;
(3) Measures to enhance microbial or chemical reactions ( e.g., fertilization, tilling); and
(4) Measures to control the moisture content of the treatment zone.
(b) The owner or operator must design, construct, operate, and maintain the treatment zone to minimize run-off of
hazardous constituents during the active life of the land treatment unit.
(c) The owner or operator must design, construct, operate, and maintain a run-on control system capable of
preventing flow onto the treatment zone during peak discharge from at least a 25-year storm.
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(d) 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.
(e) Collection and holding facilities ( e.g., tanks or basins) associated with run-on and run-off control systems must be
emptied or otherwise managed expeditiously after storms to maintain the design capacity of the system.
(f) If the treatment zone contains particulate matter which may be subject to wind dispersal, the owner or operator
must manage the unit to control wind dispersal.
(g) The owner or operator must inspect the unit weekly and after storms to detect evidence of:
(1) Deterioration, malfunctions, or improper operation of run-on and run-off control systems; and
(2) Improper functioning of wind dispersal control measures.
[47 FR 32361, July 26, 1982, as amended at 50 FR 4514, Jan. 31, 1985]
§§ 264.274-264.275 [Reserved]
§ 264.276 Food-chain crops.
The Regional Administrator may allow the growth of food-chain crops in or on the treatment zone only if the owner or
operator satisfies the conditions of this section. The Regional Administrator will specify in the facility permit the
specific food-chain crops which may be grown.
(a)(1) The owner or operator must demonstrate that there is no substantial risk to human health caused by the growth
of such crops in or on the treatment zone by demonstrating, prior to the planting of such crops, that hazardous
constituents other than cadmium:
(i) Will not be transferred to the food or feed portions of the crop by plant uptake or direct contact, and will not
otherwise be ingested by food-chain animals ( e.g., by grazing); or
(ii) Will not occur in greater concentrations in or on the food or feed portions of crops grown on the treatment zone
than in or on identical portions of the same crops grown on untreated soils under similar conditions in the same
region.
(2) The owner or operator must make the demonstration required under this paragraph prior to the planting of crops
at the facility for all constituents identified in appendix VIII of part 261 of this chapter that are reasonably expected to
be in, or derived from, waste placed in or on the treatment zone.
(3) In making a demonstration under this paragraph, the owner or operator may use field tests, greenhouse studies,
available data, or, in the case of existing units, operating data, and must:
(i) Base the demonstration on conditions similar to those present in the treatment zone, including soil characteristics (
e.g., pH, cation exchange capacity), specific wastes, application rates, application methods, and crops to be grown;
and
(ii) Describe the procedures used in conducting any tests, including the sample selection criteria, sample size,
analytical methods, and statistical procedures.
(4) If the owner or operator intends to conduct field tests or greenhouse studies in order to make the demonstration
required under this paragraph, he must obtain a permit for conducting such activities.
(b) The owner or operator must comply with the following conditions if cadmium is contained in wastes applied to the
treatment zone:
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(1)(i) The pH of the waste and soil mixture must be 6.5 or greater at the time of each waste application, except for
waste containing cadmium at concentrations of 2 mg/kg (dry weight) or less;
(ii) The annual application of cadmium from waste must not exceed 0.5 kilograms per hectare (kg/ha) on land used
for production of tobacco, leafy vegetables, or root crops grown for human consumption. For other food-chain crops,
the annual cadmium application rate must not exceed:
Time period
Present to June 30, 1984
July 1 , 1 984 to December 31 ,
1986
Beginning January 1, 1987
Annual Cd application rate (kilograms
hectare)
per
2.0
1.25
0.5
(iii) The cumulative application of cadmium from waste must not exceed 5 kg/ha if the waste and soil mixture has a
pH of less than 6.5; and
(iv) If the waste and soil mixture has a pH of 6.5 or greater or is maintained at a pH of 6.5 or greater during crop
growth, the cumulative application of cadmium from waste must not exceed: 5 kg/ha if soil cation exchange capacity
(CEC) is less than 5 meq/1 OOg; 10 kg/ha if soil CEC is 5-15 meq/1 OOg; and 20 kg/ha if soil CEC is greater than 15
meq/100g; or
(2)(i) Animal feed must be the only food-chain crop produced;
(ii) The pH of the waste and soil mixture must be 6.5 or greater at the time of waste application or at the time the crop
is planted, whichever occurs later, and this pH level must be maintained whenever food-chain crops are grown;
(iii) There must be an operating plan which demonstrates how the animal feed will be distributed to preclude ingestion
by humans. The operating plan must describe the measures to be taken to safeguard against possible health hazards
from cadmium entering the food chain, which may result from alternative land uses; and
(iv) Future property owners must be notified by a stipulation in the land record or property deed which states that the
property has received waste at high cadmium application rates and that food-chain crops must not be grown except
in compliance with paragraph (b)(2) of this section.
§264.277 [Reserved]
§ 264.278 Unsaturated zone monitoring.
An owner or operator subject to this subpart must establish an unsaturated zone monitoring program to discharge the
following responsibilities:
(a) The owner or operator must monitor the soil and soil-pore liquid to determine whether hazardous constituents
migrate out of the treatment zone.
(1)The Regional Administrator will specify the hazardous constituents to be monitored in the facility permit. The
hazardous constituents to be monitored are those specified under §264.271 (b).
(2) The Regional Administrator may require monitoring for principal hazardous constituents (PHCs) in lieu of the
constituents specified under §264.271 (b). PHCs are hazardous constituents contained in the wastes to be applied at
the unit that are the most difficult to treat, considering the combined effects of degradation, transformation, and
immobilization. The Regional Administrator will establish PHCs if he finds, based on waste analyses, treatment
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demonstrations, or other data, that effective degradation, transformation, or immobilization of the PHCs will assure
treatment at at least equivalent levels for the other hazardous constituents in the wastes.
(b) The owner or operator must install an unsaturated zone monitoring system that includes soil monitoring using soil
cores and soil-pore liquid monitoring using devices such as lysimeters. The unsaturated zone monitoring system
must consist of a sufficient number of sampling points at appropriate locations and depths to yield samples that:
(1) Represent the quality of background soil-pore liquid quality and the chemical make-up of soil that has not been
affected by leakage from the treatment zone; and
(2) Indicate the quality of soil-pore liquid and the chemical make-up of the soil below the treatment zone.
(c) The owner or operator must establish a background value for each hazardous constituent to be monitored under
paragraph (a) of this section. The permit will specify the background values for each constituent or specify the
procedures to be used to calculate the background values.
(1) Background soil values may be based on a one-time sampling at a background plot having characteristics similar
to those of the treatment zone.
(2) Background soil-pore liquid values must be based on at least quarterly sampling for one year at a background plot
having characteristics similar to those of the treatment zone.
(3) The owner or operator must express all background values in a form necessary for the determination of
statistically significant increases under paragraph (f) of this section.
(4) In taking samples used in the determination of all background values, the owner or operator must use an
unsaturated zone monitoring system that complies with paragraph (b)(1) of this section.
(d) The owner or operator must conduct soil monitoring and soil-pore liquid monitoring immediately below the
treatment zone. The Regional Administrator will specify the frequency and timing of soil and soil-pore liquid
monitoring in the facility permit after considering the frequency, timing, and rate of waste application, and the soil
permeability. The owner or operator must express the results of soil and soil-pore liquid monitoring in a form
necessary for the determination of statistically significant increases under paragraph (f) of this section.
(e) The owner or operator must use consistent sampling and analysis procedures that are designed to ensure
sampling results that provide a reliable indication of soil-pore liquid quality and the chemical make-up of the soil
below the treatment zone. At a minimum, the owner or operator must implement procedures and techniques for:
(1) Sample collection;
(2) Sample preservation and shipment;
(3) Analytical procedures; and
(4) Chain of custody control.
(f) The owner or operator must determine whether there is a statistically significant change over background values
for any hazardous constituent to be monitored under paragraph (a) of this section below the treatment zone each
time he conducts soil monitoring and soil-pore liquid monitoring under paragraph (d) of this section.
(1) In determining whether a statistically significant increase has occurred, the owner or operator must compare the
value of each constituent, as determined under paragraph (d) of this section, to the background value for that
constituent according to the statistical procedure specified in the facility permit under this paragraph.
(2) The owner or operator must determine whether there has been a statistically significant increase below the
treatment zone within a reasonable time period after completion of sampling. The Regional Administrator will specify
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that time period in the facility permit after considering the complexity of the statistical test and the availability of
laboratory facilities to perform the analysis of soil and soil-pore liquid samples.
(3) The owner or operator must determine whether there is a statistically significant increase below the treatment
zone using a statistical procedure that provides reasonable confidence that migration from the treatment zone will be
identified. The Regional Administrator will specify a statistical procedure in the facility permit that he finds:
(i) Is appropriate for the distribution of the data used to establish background values; and
(ii) Provides a reasonable balance between the probability of falsely identifying migration from the treatment zone and
the probability of failing to identify real migration from the treatment zone.
(g) If the owner or operator determines, pursuant to paragraph (f) of this section, that there is a statistically significant
increase of hazardous constituents below the treatment zone, he must:
(1) Notify the Regional Administrator of this finding in writing within seven days. The notification must indicate what
constituents have shown statistically significant increases.
(2) Within 90 days, submit to the Regional Administrator an application for a permit modification to modify the
operating practices at the facility in order to maximize the success of degradation, transformation, or immobilization
processes in the treatment zone.
(h) If the owner or operator determines, pursuant to paragraph (f) of this section, that there is a statistically significant
increase of hazardous constituents below the treatment zone, he may demonstrate that a source other than regulated
units caused the increase or that the increase resulted from an error in sampling, analysis, or evaluation. While the
owner or operator may make a demonstration under this paragraph in addition to, or in lieu of, submitting a permit
modification application under paragraph (g)(2) of this section, he is not relieved of the requirement to submit a permit
modification application within the time specified in paragraph (g)(2) of this section unless the demonstration made
under this paragraph successfully shows that a source other than regulated units caused the increase or that the
increase resulted from an error in sampling, analysis, or evaluation. In making a demonstration under this paragraph,
the owner or operator must:
(1) Notify the Regional Administrator in writing within seven days of determining a statistically significant increase
below the treatment zone that he intends to make a determination under this paragraph;
(2) Within 90 days, submit a report to the Regional Administrator demonstrating that a source other than the
regulated units caused the increase or that the increase resulted from error in sampling, analysis, or evaluation;
(3) Within 90 days, submit to the Regional Administrator an application for a permit modification to make any
appropriate changes to the unsaturated zone monitoring program at the facility; and
(4) Continue to monitor in accordance with the unsaturated zone monitoring program established under this section.
[47 FR 32361, July 26, 1982, as amended at 50 FR 4514, Jan. 31, 1985]
§ 264.279 Recordkeeping.
The owner or operator must include hazardous waste application dates and rates in the operating record required
under §264.73.
[47 FR 32361, July 26, 1982, as amended at 50 FR 4514, Jan. 31, 1985]
§ 264.280 Closure and post-closure care.
(a) During the closure period the owner or operator must:
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(1) Continue all operations (including pH control) necessary to maximize degradation, transformation, or
immobilization of hazardous constituents within the treatment zone as required under §264.273(a), except to the
extent such measures are inconsistent with paragraph (a)(8) of this section.
(2) Continue all operations in the treatment zone to minimize run-off of hazardous constituents as required under
§264.273(b);
(3) Maintain the run-on control system required under §264.273(c);
(4) Maintain the run-off management system required under §264.273(d);
(5) Control wind dispersal of hazardous waste if required under §264.273(f);
(6) Continue to comply with any prohibitions or conditions concerning growth of food-chain crops under §264.276;
(7) Continue unsaturated zone monitoring in compliance with §264.278, except that soil-pore liquid monitoring may
be terminated 90 days after the last application of waste to the treatment zone; and
(8) Establish a vegetative cover on the portion of the facility being closed at such time that the cover will not
substantially impede degradation, transformation, or immobilization of hazardous constituents in the treatment zone.
The vegetative cover must be capable of maintaining growth without extensive maintenance.
(b) For the purpose of complying with §264.115 of this chapter, when closure is completed the owner or operator may
submit to the Regional Administrator certification 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.
(c) During the post-closure care period the owner or operator must:
(1) Continue all operations (including pH control) necessary to enhance degradation and transformation and sustain
immobilization of hazardous constituents in the treatment zone to the extent that such measures are consistent with
other post-closure care activities;
(2) Maintain a vegetative cover over closed portions of the facility;
(3) Maintain the run-on control system required under §264.273(c);
(4) Maintain the run-off management system required under §264.273(d);
(5) Control wind dispersal of hazardous waste if required under §264.273(f);
(6) Continue to comply with any prohibitions or conditions concerning growth of food-chain crops under §264.276;
and
(7) Continue unsaturated zone monitoring in compliance with §264.278, excect that soil-pore liquid monitoring may be
terminated 90 days after the last application of waste to the treatment zone.
(d) The owner or operator is not subject to regulation under paragraphs (a)(8) and (c) of this section if the Regional
Administrator finds that the level of hazardous constituents in the treatment zone soil does not exceed the
background value of those constituents by an amount that is statistically significant when using the test specified in
paragraph (d)(3) of this section. The owner or operator may submit such a demonstration to the Regional
Administrator at anytime during the closure or post-closure care periods. For the purposes of this paragraph:
(1) The owner or operator must establish background soil values and determine whether there is a statistically
significant increase over those values for all hazardous constituents specified in the facility permit under §264.271
(b).
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(i) Background soil values may be based on a one-time sampling of a background plot having characteristics similar
to those of the treatment zone.
(ii) The owner or operator must express background values and values for hazardous constituents in the treatment
zone in a form necessary for the determination of statistically significant increases under paragraph (d)(3) of this
section.
(2) In taking samples used in the determination of background and treatment zone values, the owner or operator
must take samples at a sufficient number of sampling points and at appropriate locations and depths to yield samples
that represent the chemical make-up of soil that has not been affected by leakage from the treatment zone and the
soil within the treatment zone, respectively.
(3) In determining whether a statistically significant increase has occurred, the owner or operator must compare the
value of each constituent in the treatment zone to the background value for that constituent using a statistical
procedure that provides reasonable confidence that constituent presence in the treatment zone will be identified. The
owner or operator must use a statistical procedure that:
(i) Is appropriate for the distribution of the data used to establish background values; and
(ii) Provides a reasonable balance between the probability of falsely identifying hazardous constituent presence in the
treatment zone and the probability of failing to identify real presence in the treatment zone.
(e)The owner or operator is not subject to regulation under Subpart F of this chapter if the Regional Administrator
finds that the owner or operator satisfies paragraph (d) of this section and if unsaturated zone monitoring under
§264.278 indicates that hazardous constituents have not migrated beyond the treatment zone during the active life of
the land treatment unit.
[47 FR 32361, July 26, 1982, as amended at 71 FR 16906, Apr. 4, 2006; 71 FR 40273, July 14, 2006]
§ 264.281 Special requirements for ignitable or reactive waste.
The owner or operator must not apply ignitable or reactive waste to the treatment zone unless the waste and the
treatment zone meet all applicable requirements of 40 CFR part 268, and:
(a) The waste is immediately incorporated into the soil so that:
(1) 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
(2) Section 264.17(b) is complied with; or
(b) The waste is managed in such a way that it is protected from any material or conditions which may cause it to
ignite or react.
[47 FR 32361, July 26, 1982, as amended at 55 FR 22685, June 1, 1990]
§ 264.282 Special requirements for incompatible wastes.
The owner or operator must not place incompatible wastes, or incompatible wastes and materials (see appendix V of
this part for examples), in or on the same treatment zone, unless §264.17(b) is complied with.
§ 264.283 Special requirements for hazardous wastes FO20, FO21, FO22, FO23, FO26, and FO27.
(a) Hazardous Wastes FO20, FO21, FO22, FO23, FO26 and FO27 must not be placed in a land treatment unit
unless the owner or operator operates the facility in accordance with a management plan for these wastes that is
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approved by the Regional Administrator pursuant to the standards set out in this paragraph, and in accord with all
other applicable requirements of this part. The factors to be considered are:
(1) The volume, physical, and chemical characteristics of the wastes, including their potential to migrate through soil
or to volatilize or escape into the atmosphere;
(2) The attenuative properties of underlying and surrounding soils or other materials;
(3) The mobilizing properties of other materials co-disposed with these wastes; and
(4) The effectiveness of additional treatment, design, or monitoring techniques.
(b) The Regional Administrator may determine that additional design, operating, and monitoring requirements are
necessary for land treatment facilities managing hazardous wastes FO20, FO21, FO22, FO23, FO26, and FO27 in
order to reduce the possibility of migration of these wastes to ground water, surface water, or air so as to protect
human health and the environment.
[50 FR 2004, Jan. 14, 1985, as amended at 71 FR 40273, July 14, 2006]
Source: 47 FR 32365, July 26, 1982, unless otherwise noted.
§ 264.300 Applicability.
The regulations in this subpart apply to owners and operators of facilities that dispose of hazardous waste in landfills,
except as §264.1 provides otherwise.
§ 264.301 Design and operating requirements.
(a) Any landfill that is not covered by paragraph (c) of this section or §265.301 (a) of this chapter must have a liner
system for all portions of the landfill (except for existing portions of such landfill). The liner system must have:
(1) A liner that is designed, constructed, and installed to prevent any migration of wastes out of the landfill to the
adjacent subsurface soil or ground water or surface water at anytime during the active life (including the closure
period) of the landfill. The liner must be constructed of materials that prevent wastes from passing into the liner 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 leachate to which they are exposed, climatic conditions, the stress of installation, and the stress of daily
operation;
(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 likely to be in contact with the waste or leachate; and
(2) A leachate collection and removal system immediately above the liner that is designed, constructed, maintained,
and operated to collect and remove leachate from the landfill. The Regional Administrator will specify design and
operating conditions in the permit to ensure that the leachate depth over the liner does not exceed 30 cm (one foot).
The leachate collection and removal system must be:
(i) Constructed of materials that are:
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(A) Chemically resistant to the waste managed in the landfill and the leachate expected to be generated; and
(B) Of sufficient strength and thickness to prevent collapse under the pressures exerted by overlying wastes, waste
cover materials, and by any equipment used at the landfill; and
(ii) Designed and operated to function without clogging through the scheduled closure of the landfill.
(b) The owner or operator will be exempted from the requirements of paragraph (a) of this section if the Regional
Administrator finds, based on a demonstration by the owner or operator, that alternative design and operating
practices, together with location characteristics, will prevent the migration of any hazardous constituents (see
§264.93) into the ground water or surface water at any future time. In deciding whether to grant an exemption, the
Regional Administrator will consider:
(1) The nature and quantity of the wastes;
(2) The proposed alternate design and operation;
(3) The hydrogeologic setting of the facility, including the attenuative capacity and thickness of the liners and soils
present between the landfill and ground water or surface water; and
(4) All other factors which would influence the quality and mobility of the leachate produced and the potential for it to
migrate to ground water or surface water.
(c)The owner or operator of each new landfill unit on which construction commences after January 29, 1992, each
lateral expansion of a landfill unit on which construction commences after July 29, 1992, and each replacement of an
existing landfill unit that is to commence reuse after July 29, 1992 must install two or more liners and a leachate
collection and removal system above and between such liners. "Construction commences" is as defined in §260.10 of
this chapter under "existing facility".
(1)(i) The liner system must include:
(A) Atop liner designed and constructed of materials (e.g., a geomembrane) to prevent the migration of hazardous
constituents into such liner during the active life and post-closure care period; and
(B) A composite bottom liner, consisting of at least two components. The upper component must be designed and
constructed of materials (e.g., a geomembrane) to prevent the migration of hazardous constituents into this
component during the active life and post-closure care period. The lower component must be designed and
constructed of materials to minimize the migration of hazardous constituents if a breach in the upper component were
to occur. The lower component must be constructed of at least 3 feet (91 cm) of compacted soil material with a
hydraulic conductivity of no more than 1><10~7cm/sec.
(ii) The liners must comply with paragraphs (a)(1) (i), (ii), and (iii) of this section.
(2) The leachate collection and removal system immediately above the top liner must be designed, constructed,
operated, and maintained to collect and remove leachate from the landfill during the active life and post-closure care
period. The Regional Administrator will specify design and operating conditions in the permit to ensure that the
leachate depth over the liner does not exceed 30 cm (one foot). The leachate collection and removal system must
comply with paragraphs (c)(3) (iii) and (iv) of this section.
(3) The leachate collection and removal system between the liners, and immediately above the bottom composite
liner in the case of multiple leachate collection and removal systems, is also a leak detection system. This leak
detection system must be capable of detecting, collecting, and removing leaks of hazardous constituents at the
earliest practicable time through all areas of the top liner likely to be exposed to waste or leachate during the active
life and post-closure care period. The requirements for a leak detection system in this paragraph are satisfied by
installation of a system that is, at a minimum:
(i) Constructed with a bottom slope of one percent or more;
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(ii) Constructed of granular drainage materials with a hydraulic conductivity of 1x10 2cm/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
3x10~5m2/sec or more;
(iii) Constructed of materials that are chemically resistant to the waste managed in the landfill and the leachate
expected to be generated, and of sufficient strength and thickness to prevent collapse under the pressures exerted by
overlying wastes, waste cover materials, and equipment used at the landfill;
(iv) Designed and operated to minimize clogging during the active life and post-closure care period; and
(v) Constructed with sumps and liquid removal methods (e.g., pumps) of sufficient size to collect and remove liquids
from the sump and prevent liquids from backing up into the drainage layer. Each unit must have its own sump(s). The
design of each sump and removal system must provide a method for measuring and recording the volume of liquids
present in the sump and of liquids removed.
(4) The owner or operator shall collect and remove pumpable liquids in the leak detection system sumps to minimize
the head on the bottom liner.
(5) The owner or operator of a leak detection system that is not located completely above the seasonal high water
table must demonstrate that the operation of the leak detection system will not be adversely affected by the presence
of ground water.
(d) The Regional Administrator may approve alternative design or operating practices to those specified in paragraph
(c) of this section if the owner or operator demonstrates to the Regional Administrator that such design and operating
practices, together with location characteristics:
(1) Will prevent the migration of any hazardous constituent into the ground water or surface water at least as
effectively as the liners and leachate collection and removal systems specified in paragraph (c) of this section; and
(2) Will allow detection of leaks of hazardous constituents through the top liner at least as effectively.
(e)The double liner requirement set forth in paragraph (c) of this section may be waived by the Regional
Administrator for any monofill, if:
(1) The monofill contains only hazardous wastes from foundry furnace emission controls or metal casting molding
sand, and such wastes do not contain constituents which would render the wastes hazardous for reasons other than
the Toxicity Characteristic in §261.24 of this chapter, with EPA Hazardous Waste Numbers D004 through D017; and
(2)(i)(A) The monofill has at least one liner for which there is no evidence that such liner is leaking;
(B) The monofill is located more than one-quarter mile from an "underground source of drinking water" (as that term is
defined in 40 CFR 270.2); and
(C) The monofill is in compliance with generally applicable ground-water monitoring requirements for facilities with
permits under RCRA 3005(c); or
(ii) The owner or operator demonstrates that the monofill 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.
(f) The owner or operator of any replacement landfill unit is exempt from paragraph (c) of this section if:
(1) The existing unit was constructed in compliance with the design standards of section 3004(o)(1 )(A)(i) and (o)(5) of
the Resource Conservation and Recovery Act; and
(2) There is no reason to believe that the liner is not functioning as designed.
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(g) The owner or operator must design, construct, operate, and maintain a run-on control system capable of
preventing flow onto the active portion of the landfill during peak discharge from at least a 25-year storm.
(h) 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.
(i) Collection and holding facilities (e.g., tanks or basins) associated with run-on and run-off control systems must be
emptied or otherwise managed expeditiously after storms to maintain design capacity of the system.
(j) If the landfill contains any particulate matter which may be subject to wind dispersal, the owner or operator must
cover or otherwise manage the landfill to control wind dispersal.
(k) The Regional Administrator will specify in the permit all design and operating practices that are necessary to
ensure that the requirements of this section are satisfied.
(I) Any permit under RCRA 3005(c) which is issued for a landfill located within the State of Alabama shall require the
installation of two or more liners and a leachate collection system above and between such liners, notwithstanding
any other provision of RCRA.
[47 FR 32365, July 26, 1982, as amended at 50 FR 4514, Jan. 31, 1985; 50 FR 28748, July 15, 1985; 55 FR 11875,
Mar. 29, 1990; 57 FR 3489, Jan. 29, 1992; 71 FR 40273, July 14, 2006]
§ 264.302 Action leakage rate.
(a) The Regional Administrator shall approve an action leakage rate for landfill units subject to §264.301 (c) or (d).
The action leakage rate is the maximum design flow rate that the leak detection system (LDS) can remove without
the fluid head on the bottom liner exceeding I foot. The action leakage rate must include an adequate safety margin to
allow for uncertainties in the design (e.g., slope, hydraulic conductivity, thickness of drainage material), construction,
operation, and location of the LDS, waste and leachate characteristics, likelihood and amounts of other sources of
liquids in the LDS, and proposed response actions (e.g., the action leakage rate must consider decreases in the flow
capacity of the system over time resulting from siltation and clogging, rib layover and creep of synthetic components
of the system, overburden pressures, etc.).
(b) To determine if the action leakage rate has been exceeded, the owner or operator must convert the weekly or
monthly flow rate from the monitoring data obtained under §264.303(c) to an average daily flow rate (gallons per acre
per day) for each sump. Unless the Regional Administrator approves a different calculation, the average daily flow
rate for each sump must be calculated weekly during the active life and closure period, and monthly during the post-
closure care period when monthly monitoring is required under §264.303(c).
[57 FR 3490, Jan. 29, 1992, as amended at 71 FR 40273, July 14, 2006]
§ 264.303 Monitoring and inspection.
(a) During construction or installation, liners (except in the case of existing portions of landfills exempt from
§264.301 (a)) 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:
(1) Synthetic liners and covers must be inspected to ensure tight seams and joints and the absence of tears,
punctures, or blisters; and
(2) Soil-based and admixed liners and covers must be inspected for imperfections including lenses, cracks, channels,
root holes, or other structural non-uniformities that may cause an increase in the permeability of the liner or cover.
(b) While a landfill is in operation, it must be inspected weekly and after storms to detect evidence of any of the
following:
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(1) Deterioration, malfunctions, or improper operation of run-on and run-off control systems;
(2) Proper functioning of wind dispersal control systems, where present; and
(3) The presence of leachate in and proper functioning of leachate collection and removal systems, where present.
(c)(1) An owner or operator required to have a leak detection system under §264.301 (c) or (d) must record the
amount of liquids removed from each leak detection system sump at least once each week during the active life and
closure period.
(2) After the final cover is installed, the amount of liquids removed from each leak detection system sump must be
recorded at least monthly. If the liquid level in the sump stays below the pump operating level for two consecutive
months, the amount of liquids in the sumps must be recorded at least quarterly. If the liquid level in the sump stays
below the pump operating level for two consecutive quarters, the amount of liquids in the sumps must be recorded at
least semi-annually. If at any time during the post-closure care period the pump operating level is exceeded at units
on quarterly or semi-annual recording schedules, the owner or operator must return to monthly recording of amounts
of liquids removed from each sump until the liquid level again stays below the pump operating level for two
consecutive months.
(3) "Pump operating level" is a liquid level proposed by the owner or operator and approved by the Regional
Administrator based on pump activation level, sump dimensions, and level that avoids backup into the drainage layer
and minimizes head in the sump.
[47 FR 32365, July 26, 1982, as amended at 50 FR 28748, July 15, 1985; 57 FR 3490, Jan. 29, 1992]
§ 264.304 Response actions.
(a) The owner or operator of landfill units subject to §264.301 (c) or (d) must have an approved response action plan
before receipt of waste. The response action plan must set forth the actions to be taken if the action leakage rate has
been exceeded. At a minimum, the response action plan must describe the actions specified in paragraph (b) of this
section.
(b) If the flow rate into the leak detection system exceeds the action leakage rate for any sump, the owner or operator
must:
(1) Notify the Regional Administrator in writing of the exceedance within 7 days of the determination;
(2) Submit a preliminary written assessment to the Regional Administrator within 14 days of the determination, as to
the amount of liquids, likely sources of liquids, possible location, size, and cause of any leaks, and short-term actions
taken and planned;
(3) Determine to the extent practicable the location, size, and cause of any leak;
(4) Determine whether waste receipt should cease or be curtailed, whether any waste should be removed from the
unit for inspection, repairs, or controls, and whether or not the unit should be closed;
(5) Determine any other short-term and longer-term actions to be taken to mitigate or stop any leaks; and
(6) Within 30 days after the notification that the action leakage rate has been exceeded, submit to the Regional
Administrator the results of the analyses specified in paragraphs (b)(3), (4), and (5) of this section, the results of
actions taken, and actions planned. Monthly thereafter, as long as the flow rate in the leak detection system exceeds
the action leakage rate, the owner or operator must submit to the Regional Administrator a report summarizing the
results of any remedial actions taken and actions planned.
(c) To make the leak and/or remediation determinations in paragraphs (b)(3), (4), and (5) of this section, the owner or
operator must:
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(1 )(i) Assess the source of liquids and amounts of liquids by source,
(ii) Conduct a fingerprint, hazardous constituent, or other analyses of the liquids in the leak detection system to
identify the source of liquids and possible location of any leaks, and the hazard and mobility of the liquid; and
(iii) Assess the seriousness of any leaks in terms of potential for escaping into the environment; or
(2) Document why such assessments are not needed.
[57 FR 3491, Jan. 29, 1992, as amended at 71 FR 40273, July 14, 2006]
§§ 264.305-264.308 [Reserved]
§ 264.309 Surveying and recordkeeping.
The owner or operator of a landfill must maintain the following items in the operating record required under §264.73:
(a) On a map, the exact location and dimensions, including depth, of each cell with respect to permanently surveyed
benchmarks; and
(b) The contents of each cell and the approximate location of each hazardous waste type within each cell.
[47 FR 32365, July 26, 1982, as amended at 50 FR 4514, Jan. 31, 1985]
§ 264.310 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.
(b) After final closure, the owner or operator must comply with all post-closure requirements contained in §§264.117
through 264.120, including maintenance and monitoring throughout the post-closure care period (specified in the
permit under §264.117). The owner or operator must:
(1) Maintain the integrity and effectiveness of the final cover, including making repairs to the cap as necessary to
correct the effects of settling, subsidence, erosion, or other events;
(2) Continue to operate the leachate collection and removal system until leachate is no longer detected;
(3) Maintain and monitor the leak detection system in accordance with §§264.301(c)(3)(iv) and (4) and 264.303(c),
and comply with all other applicable leak detection system requirements of this part;
(4) Maintain and monitor the ground-water monitoring system and comply with all other applicable requirements of
subpart F of this part;
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(5) Prevent run-on and run-off from eroding or otherwise damaging the final cover; and
(6) Protect and maintain surveyed benchmarks used in complying with §264.309.
[47 FR 32365, July 26, 1982, as amended at 50 FR 28748, July 15, 1985; 57 FR 3491, Jan. 29, 1992]
§264.311 [Reserved]
§ 264.312 Special requirements for ignitable or reactive waste.
(a) Except as provided in paragraph (b) of this section, and in §264.316, ignitable or reactive waste must not be
placed in a landfill, unless the waste and landfill meet all applicable requirements of part 268, and:
(1) 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
(2) Section 264.17(b) is complied with.
(b) Except for prohibited wastes which remain subject to treatment standards in subpart D of part 268, ignitable
wastes in containers may be landfilled without meeting the requirements of paragraph (a) of this section, provided
that the wastes are disposed of in such a way that they are protected from any material or conditions which may
cause them to ignite. At a minimum, ignitable wastes must be disposed of in non-leaking containers which are
carefully handled and placed so as to avoid heat, sparks, rupture, or any other condition that might cause ignition of
the wastes; must be covered daily with soil or other non-combustible material to minimize the potential for ignition of
the wastes; and must not be disposed of in cells that contain or will contain other wastes which may generate heat
sufficient to cause ignition of the waste.
[47 FR 32365, July 26, 1982, as amended at 55 FR 22685, June 1, 1990]
§ 264.313 Special requirements for incompatible wastes.
Incompatible wastes, or incompatible wastes and materials, (see appendix V of this part for examples) must not be
placed in the same landfill cell, unless §264.17(b) is complied with.
§ 264.314 Special requirements for bulk and containerized liquids.
(a) The placement of bulk or non-containerized liquid hazardous waste or hazardous waste containing free liquids
(whether or not sorbents have been added) in any landfill is prohibited.
(b) To demonstrate the absence or presence of free liquids in either a containerized or a bulk 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.
(c) Containers holding free liquids must not be placed in a landfill unless:
(1) All free-standing liquid:
(i) Has been removed by decanting, or other methods;
(ii) Has been mixed with sorbent or solidified so that free-standing liquid is no longer observed; or
(iii) Has been otherwise eliminated; or
(2) The container is very small, such as an ampule; or
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(3) The container is designed to hold free liquids for use other than storage, such as a battery or capacitor; or
(4) The container is a lab pack as defined in §264.316 and is disposed of in accordance with §264.316.
(d) Sorbents used to treat free liquids to be disposed of in landfills must be nonbiodegradable. Nonbiodegradable
sorbents are: materials listed or described in paragraph (d)(1) of this section; materials that pass one of the tests in
paragraph (d)(2) of this section; or materials that are determined by EPA to be nonbiodegradable through the part
260 petition process.
(1) Nonbiodegradable sorbents. (i) Inorganic minerals, other inorganic materials, and elemental carbon (e.g.,
aluminosilicates, clays, smectites, Fuller's earth, bentonite, calcium bentonite, montmorillonite, calcined
montmorillonite, kaolinite, micas (illite), vermiculites, zeolites; calcium carbonate (organic free limestone);
oxides/hydroxides, alumina, lime, silica (sand), diatomaceous earth; perlite (volcanic glass); expanded volcanic rock;
volcanic ash; cement kiln dust; fly ash; rice hull ash; activated charcoal/activated carbon); or
(ii) High molecular weight synthetic polymers (e.g., polyethylene, high density polyethylene (HOPE), polypropylene,
polystyrene, polyurethane, polyacryiate, polynorborene, polyisobutylene, ground synthetic rubber, cross-linked
allylstyrene and tertiary butyl copolymers). This does not include polymers derived from biological material or
polymers specifically designed to be degradable; or
(iii) Mixtures of these nonbiodegradable materials.
(2) Tests for nonbiodegradable sorbents. (i) The sorbent material is determined to be nonbiodegradable under ASTM
Method G21-70 (1984a)—Standard Practice for Determining Resistance of Synthetic Polymer Materials to Fungi; or
(ii)The sorbent material is determined to be nonbiodegradable under ASTM Method G22-76 (1984b)—Standard
Practice for Determining Resistance of Plastics to Bacteria; or
(iii) The sorbent material is determined to be non-biodegradable under OECD test 301B: [CC^Evolution (Modified
Sturm Test)].
(e) The placement of any liquid which is not a hazardous waste in a landfill is prohibited unless the owner or operator
of such landfill demonstrates to the Regional Administrator, or the Regional Administrator determines that:
(1) The only reasonably available alternative to the placement in such landfill is placement in a landfill or unlined
surface impoundment, whether or not permitted or operating under interim status, which contains, or may reasonably
be anticipated to contain, hazardous waste; and
(2) Placement in such owner or operator's landfill will not present a risk of contamination of any "underground source
of drinking water" (as that term is defined in 40 CFR 270.2.)
[47 FR 32365, July 26, 1982, as amended at 50 FR 18374, Apr. 30, 1985; 50 FR 28748, July 15, 1985; 57 FR 54460,
Nov. 18, 1992; 58 FR 46050, Aug. 31, 1993; 60 FR 35705, July 11, 1995; 70 FR 34581, June 14, 2005; 71 FR
16906, Apr. 4, 2006; 71 FR 40273, July 14, 2006; 75 FR 13006, Mar. 18, 2010]
§ 264.315 Special requirements for containers.
Unless they are very small, such as an ampule, containers must be either:
(a) At least 90 percent full when placed in the landfill; or
(b) Crushed, shredded, or similarly reduced in volume to the maximum practical extent before burial in the landfill.
§ 264.316 Disposal of small containers of hazardous waste in overpacked drums (lab packs).
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Small containers of hazardous waste in overpacked drums (lab packs) may be placed in a landfill if the following
requirements are met:
(a) Hazardous waste must be packaged in non-leaking inside containers. The inside containers must be of a design
and constructed of a material that will not react dangerously with, be decomposed by, or be ignited by the contained
waste. Inside containers must be tightly and securely sealed. The inside containers must be of the size and type
specified in the Department of Transportation (DOT) hazardous materials regulations (49 CFR parts 173, 178, and
179), if those regulations specify a particular inside container for the waste.
(b) The inside containers must be overpacked in an open head DOT-specification metal shipping container (49 CFR
parts 178 and 179) of no more than 416-liter (110 gallon) capacity and surrounded by, at a minimum, a sufficient
quantity of sorbent material, determined to be nonbiodegradable in accordance with §264.314(d), to completely sorb
all of the liquid contents of the inside containers. The metal outer container must be full after it has been packed with
inside containers and sorbent material.
(c) The sorbent material used must not be capable of reacting dangerously with, being decomposed by, or being
ignited by the contents of the inside containers, in accordance with §264.17(b).
(d) Incompatible wastes, as defined in §260.10 of this chapter, must not be placed in the same outside container.
(e) Reactive wastes, other than cyanide- or sulfide-bearing waste as defined in §261.23(a)(5) of this chapter, must be
treated or rendered non-reactive prior to packaging in accordance with paragraphs (a) through (d) of this section.
Cyanide- and sulfide-bearing reactive waste may be packed in accordance with paragraphs (a) through (d) of this
section without first being treated or rendered non-reactive.
(f) Such disposal is in compliance with the requirements of part 268. Persons who incinerate lab packs according to
the requirements in 40 CFR 268.42(c)(1) may use fiber drums in place of metal outer containers. Such fiber drums
must meet the DOT specifications in 49 CFR 173.12 and be overpacked according to the requirements in paragraph
(b) of this section.
[47 FR 32365, July 26, 1982, as amended at 55 FR 22685, June 1, 1990; 57 FR 54460, Nov. 18, 1992; 75 FR 13006,
Mar. 18,2010]
§ 264.317 Special requirements for hazardous wastes FO20, FO21, FO22, FO23, FO26, and FO27.
(a) Hazardous Wastes FO20, FO21, FO22, FO23, FO26, and FO27 must not be placed in a landfill unless the owner
or operator operates the landfill in accord with a management plan for these wastes that is approved by the Regional
Administrator pursuant to the standards set out in this paragraph, and in accord with all other applicable requirements
of this part. The factors to be considered are:
(1) The volume, physical, and chemical characteristics of the wastes, including their potential to migrate through the
soil or to volatilize or escape into the atmosphere;
(2) The attenuative properties of underlying and surrounding soils or other materials;
(3) The mobilizing properties of other materials co-disposed with these wastes; and
(4) The effectiveness of additional treatment, design, or monitoring requirements.
(b) The Regional Administrator may determine that additional design, operating, and monitoring requirements are
necessary for landfills managing hazardous wastes FO20, FO21, FO22, FO23, FO26, and FO27 in order to reduce
the possibility of migration of these wastes to ground water, surface water, or air so as to protect human health and
the environment.
[50 FR 2004, Jan. 14, 1985, as amended at 71 FR 40273, July 14, 2006]
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§ 264.340 Applicability.
(a) The regulations of this subpart apply to owners and operators of hazardous waste incinerators (as defined in
§260.10 of this chapter), except as §264.1 provides otherwise.
(b) Integration of the MACT standards. (1) Except as provided by paragraphs (b)(2) through (b)(4) of this section, the
standards of this part do not apply to a new hazardous waste incineration unit that becomes subject to RCRA permit
requirements after October 12, 2005; or no longer apply when an owner or operator of an existing hazardous waste
incineration unit demonstrates compliance with the maximum achievable control technology (MACT) requirements of
part 63, subpart EEE, of this chapter by conducting a comprehensive performance test and submitting to the
Administrator a Notification of Compliance under §§63.1207(j) and 63.1210(d) of this chapter documenting
compliance with the requirements of part 63, subpart EEE, of this chapter. Nevertheless, even after this
demonstration of compliance with the MACT standards, RCRA permit conditions that were based on the standards of
this part will continue to be in effect until they are removed from the permit or the permit is terminated or revoked,
unless the permit expressly provides otherwise.
(2) The MACT standards do not replace the closure requirements of §264.351 or the applicable requirements of
subparts A through H, BB and CC of this part.
(3) The particulate matter standard of §264.343(c) remains in effect for incinerators that elect to comply with the
alternative to the particulate matter standard under§§63.1206(b)(14) and 63.1219(e) of this chapter.
(4) The following requirements remain in effect for startup, shutdown, and malfunction events if you elect to comply
with §270.235(a)(1 )(i) of this chapter to minimize emissions of toxic compounds from these events:
(i) Section 264.345(a) requiring that an incinerator operate in accordance with operating requirements specified in the
permit; and
(ii) Section 264.345(c) requiring compliance with the emission standards and operating requirements during startup
and shutdown if hazardous waste is in the combustion chamber, except for particular hazardous wastes.
(c) After consideration of the waste analysis included with part B of the permit application, the Regional Administrator,
in establishing the permit conditions, must exempt the applicant from all requirements of this subpart except §264.341
(Waste analysis) and §264.351 (Closure),
(1) If the Regional Administrator finds that the waste to be burned is:
(i) Listed as a hazardous waste in part 261, subpart D, of this chapter solely because it is ignitable (Hazard Code I),
corrosive (Hazard Code C), or both; or
(ii) Listed as a hazardous waste in part 261, subpart D, of this chapter solely because it is reactive (Hazard Code R)
for characteristics other than those listed in §261.23(a) (4) and (5), and will not be burned when other hazardous
wastes are present in the combustion zone; or
(iii) A hazardous waste solely because it possesses the characteristic of ignitability, corrosivity, or both, as
determined by the test for characteristics of hazardous wastes under part 261, subpart C, of this chapter; or
(iv) A hazardous waste solely because it possesses any of the reactivity characteristics described by §261.23(a) (1),
(2), (3), (6), (7), and (8) of this chapter, and will not be burned when other hazardous wastes are present in the
combustion zone; and
(2) If the waste analysis shows that the waste contains none of the hazardous constituents listed in part 261,
appendix VIII, of this chapter, which would reasonably be expected to be in the waste.
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(d) If the waste to be burned is one which is described by paragraphs (b)(1 )(i), (ii), (iii), or (iv) of this section and
contains insignificant concentrations ofthe hazardous constituents listed in part 261, appendix VIII, of this chapter,
then the Regional Administrator may, in establishing permit conditions, exempt the applicant from all requirements of
this subpart, except §264.341 (Waste analysis) and §264.351 (Closure), after consideration ofthe waste analysis
included with part B of the permit application, unless the Regional Administrator finds that the waste will pose a threat
to human health and the environment when burned in an incinerator.
(e) The owner or operator of an incinerator may conduct trial burns subject only to the requirements of §270.62 of this
chapter (Short term and incinerator permits).
[46 FR 7678, Jan. 23, 1981, as amended at 47 FR 27532, June 24, 1982; 48 FR 14295, Apr. 1, 1983; 50 FR 665,
Jan. 4, 1985; 50 FR 49203, Nov. 29, 1985; 56 FR 7207, Feb. 21, 1991; 64 FR 53074, Sept. 30, 1999; 66 FR 35106,
JulyS, 2001; 67 FR 6815, Feb. 13,2002; 70 FR 59575, Oct. 12, 2005; 73 FR 18983, Apr. 8,2008]
§ 264.341 Waste analysis.
(a) As a portion ofthe trial burn plan required by §270.62 of this chapter, or with part B ofthe permit application, the
owner or operator must have included an analysis of the waste feed sufficient to provide all information required by
§270.62(b) or §270.19 of this chapter. Owners or operators of new hazardous waste incinerators must provide the
information required by §270.62(c) or §270.19 of this chapter to the greatest extent possible.
(b) Throughout normal operation the owner or operator must conduct sufficient waste analysis to verify that waste
feed to the incinerator is within the physical and chemical composition limits specified in his permit (under
§264.345(b)).
[46 FR 7678, Jan. 23, 1981, as amended at 47 FR 27532, June 24, 1982; 48 FR 14295, Apr. 1, 1983; 48 FR 30115,
June 30, 1983; 50 FR 4514, Jan. 31, 1985]
§ 264.342 Principal organic hazardous constituents (POHCs).
(a) Principal Organic Hazardous Constituents (POHCs) in the waste feed must be treated to the extent required by
the performance standard of §264.343.
(b)(1) One or more POHCs will be specified in the facility's permit, from among those constituents listed in part 261,
appendix VIII of this chapter, for each waste feed to be burned. This specification will be based on the degree of
difficulty of incineration ofthe organic constituents in the waste and on their concentration or mass in the waste feed,
considering the results of waste analyses and trial burns or alternative data submitted with part B ofthe facility's
permit application. Organic constituents which represent the greatest degree of difficulty of incineration will be those
most likely to be designated as POHCs. Constituents are more likely to be designated as POHCs if they are present
in large quantities or concentrations in the waste.
(2) Trial POHCs will be designated for performance of trial burns in accordance with the procedure specified in
§270.62 of this chapter for obtaining trial burn permits.
[46 FR 7678, Jan. 23, 1981, as amended at 48 FR 14295, Apr. 1, 1983]
§ 264.343 Performance standards.
An incinerator burning hazardous waste must be designed, constructed, and maintained so that, when operated in
accordance with operating requirements specified under §264.345, it will meet the following performance standards:
(a)(1) Except as provided in paragraph (a)(2) of this section, an incinerator burning hazardous waste must achieve a
destruction and removal efficiency (ORE) of 99.99% for each principal organic hazardous constituent (POHC)
designated (under §264.342) in its permit for each waste feed. ORE is determined for each POHC from the following
equation:
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-w
wto
where:
Win=mass feed rate of one principal organic hazardous constituent (POHC) in the waste stream feeding
the incinerator
and
Wout=mass emission rate of the same POHC present in exhaust emissions prior to release to the
atmosphere.
(2) An incinerator burning hazardous wastes FO20, FO21, FO22, FO23, FO26, or FO27 must achieve a destruction
and removal efficiency (DRE) of 99.9999% for each principal organic hazardous constituent (POHC) designated
(under §264.342) in its permit. This performance must be demonstrated on POHCs that are more difficult to
incinerate than tetra-, penta-, and hexachlorodibenzo-p-dioxins and dibenzofurans. DRE is determined for each
POHC from the equation in §264.343(a)(1).
(b) An incinerator burning hazardous waste and producing stack emissions of more than 1.8 kilograms per hour (4
pounds per hour) of hydrogen chloride (HCI) must control HCI emissions such that the rate of emission is no greater
than the larger of either 1.8 kilograms per hour or 1% of the HCI in the stack gas prior to entering any pollution control
equipment.
(c) An incinerator burning hazardous waste must not emit particulate matter in excess of 180 milligrams per dry
standard cubic meter (0.08 grains per dry standard cubic foot) when corrected for the amount of oxygen in the stack
gas according to the formula:
21-7
Where Pcis the corrected concentration of particulate matter, Pmis the measured concentration of
particulate matter, and Y is the measured concentration of oxygen in the stack gas, using the Orsat
method for oxygen analysis of dry flue gas, presented in part 60, appendix A (Method 3), of this chapter.
This correction procedure is to be used by all hazardous waste incinerators except those operating under
conditions of oxygen enrichment. For these facilities, the Regional Administrator will select an appropriate
correction procedure, to be specified in the facility permit.
(d) For purposes of permit enforcement, compliance with the operating requirements specified in the permit (under
§264.345) will be regarded as compliance with this section. However, evidence that compliance with those permit
conditions is insufficient to ensure compliance with the performance requirements of this section may be "information"
justifying modification, revocation, or reissuance of a permit under §270.41 of this chapter.
[46 FR 7678, Jan. 23, 1981, as amended at 47 FR 27532, June 24, 1982; 48 FR 14295, Apr. 1, 1983; 50 FR 2005,
Jan. 14, 1985; 71 FR 16906, Apr. 4, 2006]
§ 264.344 Hazardous waste incinerator permits.
(a) The owner or operator of a hazardous waste incinerator may burn only wastes specified in his permit and only
under operating conditions specified for those wastes under §264.345, except:
(1) In approved trial burns under §270.62 of this chapter; or
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(2) Under exemptions created by §264.340.
(b) Other hazardous wastes may be burned only after operating conditions have been specified in a new permit or a
permit modification as applicable. Operating requirements for new wastes may be based on either trial burn results or
alternative data included with part B of a permit application under §270.19 of this chapter.
(c) The permit for a new hazardous waste incinerator must establish appropriate conditions for each of the applicable
requirements of this subpart, including but not limited to allowable waste feeds and operating conditions necessary to
meet the requirements of §264.345, sufficient to comply with the following standards:
(1) For the period beginning with initial introduction of hazardous waste to the incinerator and ending with initiation of
the trial burn, and only for the minimum time required to establish operating conditions required in paragraph (c)(2) of
this section, not to exceed a duration of 720 hours operating time for treatment of hazardous waste, the operating
requirements must be those most likely to ensure compliance with the performance standards of §264.343, based on
the Regional Administrator's engineering judgment. The Regional Administrator may extend the duration of this
period once for up to 720 additional hours when good cause for the extension is demonstrated by the applicant.
(2) For the duration of the trial burn, the operating requirements must be sufficient to demonstrate compliance with
the performance standards of §264.343 and must be in accordance with the approved trial burn plan;
(3) For the period immediately following completion of the trial burn, and only for the minimum period sufficient to
allow sample analysis, data computation, and submission of the trial burn results by the applicant, and review of the
trial burn results and modification of the facility permit by the Regional Administrator, the operating requirements must
be those most likely to ensure compliance with the performance standards of §264.343, based on the Regional
Administrator's engineering judgement.
(4) For the remaining duration of the permit, the operating requirements must be those demonstrated, in a trial burn
or by alternative data specified in §270.19(c) of this chapter, as sufficient to ensure compliance with the performance
standards of §264.343.
[46 FR 7678, Jan. 23, 1981, as amended at 47 FR 27532, June 24, 1982; 48 FR 14295, Apr. 1, 1983; 50 FR 4514,
Jan. 31, 1985; 71 FR 40273, July 14, 2006]
§ 264.345 Operating requirements.
(a) An incinerator must be operated in accordance with operating requirements specified in the permit. These will be
specified on a case-by-case basis as those demonstrated (in a trial burn or in alternative data as specified in
§264.344(b) and included with part B of a facility's permit application) to be sufficient to comply with the performance
standards of §264.343.
(b) Each set of operating requirements will specify the composition of the waste feed (including acceptable variations
in the physical or chemical properties of the waste feed which will not affect compliance with the performance
requirement of §264.343) to which the operating requirements apply. For each such waste feed, the permit will
specify acceptable operating limits including the following conditions:
(1) Carbon monoxide (CO) level in the stack exhaust gas;
(2) Waste feed rate;
(3) Combustion temperature;
(4) An appropriate indicator of combustion gas velocity;
(5) Allowable variations in incinerator system design or operating procedures; and
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(6) Such other operating requirements as are necessary to ensure that the performance standards of §264.343 are
met.
(c) During start-up and shut-down of an incinerator, hazardous waste (except wastes exempted in accordance with
§264.340) must not be fed into the incinerator unless the incinerator is operating within the conditions of operation
(temperature, air feed rate, etc.) specified in the permit.
(d) Fugitive emissions from the combustion zone must be controlled by:
(1) Keeping the combustion zone totally sealed against fugitive emissions; or
(2) Maintaining a combustion zone pressure lower than atmospheric pressure; or
(3) An alternate means of control demonstrated (with part B of the permit application) to provide fugitive emissions
control equivalent to maintenance of combustion zone pressure lower than atmospheric pressure.
(e) An incinerator must be operated with a functioning system to automatically cut off waste feed to the incinerator
when operating conditions deviate from limits established under paragraph (a) of this section.
(f) An incinerator must cease operation when changes in waste feed, incinerator design, or operating conditions
exceed limits designated in its permit.
[46 FR 7678, Jan. 23, 1981, as amended at 47 FR 27532, June 24, 1982; 50 FR 4514, Jan. 31, 1985]
§ 264.346 [Reserved]
§ 264.347 Monitoring and inspections.
(a) The owner or operator must conduct, as a minimum, the following monitoring while incinerating hazardous waste:
(1) Combustion temperature, waste feed rate, and the indicator of combustion gas velocity specified in the facility
permit must be monitored on a continuous basis.
(2) CO must be monitored on a continuous basis at a point in the incinerator downstream of the combustion zone and
prior to release to the atmosphere.
(3) Upon request by the Regional Administrator, sampling and analysis of the waste and exhaust emissions must be
conducted to verify that the operating requirements established in the permit achieve the performance standards of
§264.343.
(b) The incinerator and associated equipment (pumps, valves, conveyors, pipes, etc.) must be subjected to thorough
visual inspection, at least daily, for leaks, spills, fugitive emissions, and signs of tampering.
(c) The emergency waste feed cutoff system and associated alarms must be tested at least weekly to verify
operability, unless the applicant demonstrates to the Regional Administrator that weekly inspections will unduly
restrict or upset operations and that less frequent inspection will be adequate. At a minimum, operational testing must
be conducted at least monthly.
(d) This monitoring and inspection data must be recorded and the records must be placed in the operating record
required by §264.73 of this part and maintained in the operating record for five years.
[46 FR 7678, Jan. 23, 1981, as amended at 47 FR 27533, June 24, 1982; 50 FR 4514, Jan. 31, 1985; 71 FR 16907,
Apr. 4, 2006]
§§ 264.348-264.350 [Reserved]
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§ 264.351 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 site.
[ 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 the incinerator
is not a hazardous waste, the owner or operator becomes a generator of hazardous waste and must
manage it in accordance with applicable requirements of parts 262 through 266 of this chapter.]
[46 FR 7678, Jan. 23, 1981]
Subparts P-R [Reserved]
Subpart S—Special Provisions for Cleanup
§ 264.550 Applicability of Corrective Action Management Unit (CAMU) regulations.
(a) Except as provided in paragraph (b) of this section, CAMUs are subject to the requirements of §264.552.
(b) CAMUs that were approved before April 22, 2002, or for which substantially complete applications (or equivalents)
were submitted to the Agency on or before November 20, 2000, are subject to the requirements in §264.551 for
grandfathered CAMUs; CAMU waste, activities, and design will not be subject to the standards in §264.552, so long
as the waste, activities, and design remain within the general scope of the CAMU as approved.
[67 FR 3024, Jan. 22, 2002]
§ 264.551 Grandfathered Corrective Action Management Units (CAMUs).
(a) To implement remedies under §264.101 or RCRA Section 3008(h), or to implement remedies at a permitted
facility that is not subject to §264.101, the Regional Administrator may designate an area at the facility as a corrective
action management unit under the requirements in this section. Corrective action management unit means an area
within a facility that is used only for managing remediation wastes for implementing corrective action or cleanup at the
facility. A CAMU must be located within the contiguous property under the control of the owner or operator where the
wastes to be managed in the CAMU originated. One or more CAMUs may be designated at a facility.
(1) Placement of remediation wastes into or within a CAMU does not constitute land disposal of hazardous wastes.
(2) Consolidation or placement of remediation wastes into or within a CAMU does not constitute creation of a unit
subject to minimum technology requirements.
(b)(1) The Regional Administrator may designate a regulated unit (as defined in §264.90(a)(2)) as a CAMU, or may
incorporate a regulated unit into a CAMU, if:
(i) The regulated unit is closed or closing, meaning it has begun the closure process under §264.113 or §265.113;
and
(ii) Inclusion of the regulated unit will enhance implementation of effective, protective and reliable remedial actions for
the facility.
(2) The subpart F, G, and H requirements and the unit-specific requirements of part 264 or 265 that applied to that
regulated unit will continue to apply to that portion of the CAMU after incorporation into the CAMU.
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(c) The Regional Administrator shall designate a CAMU in accordance with the following:
(1) The CAMU shall facilitate the implementation of reliable, effective, protective, and cost-effective remedies;
(2) Waste management activities associated with the CAMU shall not create unacceptable risks to humans or to the
environment resulting from exposure to hazardous wastes or hazardous constituents;
(3) The CAMU shall include uncontaminated areas of the facility, only if including such areas for the purpose of
managing remediation waste is more protective than management of such wastes at contaminated areas of the
facility;
(4) Areas within the CAMU, where wastes remain in place after closure of the CAMU, shall be managed and
contained so as to minimize future releases, to the extent practicable;
(5) The CAMU shall expedite the timing of remedial activity implementation, when appropriate and practicable;
(6) The CAMU shall enable the use, when appropriate, of treatment technologies (including innovative technologies)
to enhance the long-term effectiveness of remedial actions by reducing thetoxicity, mobility, or volume of wastes that
will remain in place after closure of the CAMU; and
(7) The CAMU shall, to the extent practicable, minimize the land area of the facility upon which wastes will remain in
place after closure of the CAMU.
(d) The owner/operator shall provide sufficient information to enable the Regional Administrator to designate a CAMU
in accordance with the criteria in §264.552.
(e) The Regional Administrator shall specify, in the permit or order, requirements for CAMUs to include the following:
(1)The areal configuration of the CAMU.
(2) Requirements for remediation waste management to include the specification of applicable design, operation and
closure requirements.
(3) Requirements for ground water monitoring that are sufficient to:
(i) Continue to detect and to characterize the nature, extent, concentration, direction, and movement of existing
releases of hazardous constituents in ground water from sources located within the CAMU; and
(ii) Detect and subsequently characterize releases of hazardous constituents to ground water that may occur from
areas of the CAMU in which wastes will remain in place after closure of the CAMU.
(4) Closure and post-closure requirements.
(i) Closure of corrective action management units shall:
(A) Minimize the need for further maintenance; and
(B) Control, minimize, or eliminate, to the extent necessary to protect human health and the environment, for areas
where wastes remain in place, post-closure escape of hazardous waste, hazardous constituents, leachate,
contaminated runoff, or hazardous waste decomposition products to the ground, to surface waters, or to the
atmosphere.
(ii) Requirements for closure of CAMUs shall include the following, as appropriate and as deemed necessary by the
Regional Administrator for a given CAMU:
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(A) Requirements for excavation, removal, treatment or containment of wastes;
(B) For areas in which wastes will remain after closure of the CAMU, requirements for capping of such areas; and
(C) Requirements for removal and decontamination of equipment, devices, and structures used in remediation waste
management activities within the CAMU.
(iii) In establishing specific closure requirements for CAMUs under §264.552(e), the Regional Administrator shall
consider the following factors:
(A) CAMU characteristics;
(B) Volume of wastes which remain in place after closure;
(C) Potential for releases from the CAMU;
(D) Physical and chemical characteristics of the waste;
(E) Hydrological and other relevant environmental conditions at the facility which may influence the migration of any
potential or actual releases; and
(F) Potential for exposure of humans and environmental receptors if releases were to occur from the CAMU.
(iv) Post-closure requirements as necessary to protect human health and the environment, to include, for areas
where wastes will remain in place, monitoring and maintenance activities, and the frequency with which such
activities shall be performed to ensure the integrity of any cap, final cover, or other containment system.
(f) The Regional Administrator shall document the rationale for designating CAMUs and shall make such
documentation available to the public.
(g) Incorporation of a CAMU into an existing permit must be approved by the Regional Administrator according to the
procedures for Agency-initiated permit modifications under §270.41 of this chapter, or according to the permit
modification procedures of §270.42 of this chapter.
(h)The designation of a CAMU does not change EPA's existing authority to address clean-up levels, media-specific
points of compliance to be applied to remediation at a facility, or other remedy selection decisions.
[58 FR 8683, Feb. 16, 1993, as amended at 63 FR 65939, Nov. 30, 1998. Redesignated and amended at 67 FR
3025, Jan. 22, 2002]
§ 264.552 Corrective Action Management Units (CAMU).
(a) To implement remedies under §264.101 or RCRA Section 3008(h), or to implement remedies at a permitted
facility that is not subject to §264.101, the Regional Administrator may designate an area at the facility as a corrective
action management unit under the requirements in this section. Corrective action management unit means an area
within a facility that is used only for managing CAMU-eligible wastes for implementing corrective action or cleanup at
the facility. A CAMU must be located within the contiguous property under the control of the owner or operator where
the wastes to be managed in the CAMU originated. One or more CAMUs may be designated at a facility.
(1) CAMU-eligible waste means:
(i) All solid and hazardous wastes, and all media (including ground water, surface water, soils, and sediments) and
debris, that are managed for implementing cleanup. As-generated wastes (either hazardous or non-hazardous) from
ongoing industrial operations at a site are not CAMU-eligible wastes.
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(ii) Wastes that would otherwise meet the description in paragraph (a)(1)(i) of this section are not "CAMU-Eligible
Wastes" where:
(A) The wastes are hazardous wastes found during cleanup in intact or substantially intact containers, tanks, or other
non-land-based units found above ground, unless the wastes are first placed in the tanks, containers or non-land-
based units as part of cleanup, or the containers or tanks are excavated during the course of cleanup; or
(B) The Regional Administrator exercises the discretion in paragraph (a)(2) of this section to prohibit the wastes from
management in a CAMU.
(iii) Notwithstanding paragraph (a)(1 )(i) of this section, where appropriate, as-generated non-hazardous waste may
be placed in a CAMU where such waste is being used to facilitate treatment or the performance of the CAMU.
(2) The Regional Administrator may prohibit, where appropriate, the placement of waste in a CAMU where the
Regional Administrator has or receives information that such wastes have not been managed in compliance with
applicable land disposal treatment standards of part 268 of this chapter, or applicable unit design requirements of this
part, or applicable unit design requirements of part 265 of this chapter, or that non-compliance with other applicable
requirements of this chapter likely contributed to the release of the waste.
(3) Prohibition against placing liquids in CAMUs. (i) The placement of bulk or noncontainerized liquid hazardous
waste or free liquids contained in hazardous waste (whether or not sorbents have been added) in any CAMU is
prohibited except where placement of such wastes facilitates the remedy selected for the waste.
(ii) The requirements in §264.314(c) for placement of containers holding free liquids in landfills apply to placement in
a CAMU except where placement facilitates the remedy selected for the waste.
(iii) The placement of any liquid which is not a hazardous waste in a CAMU is prohibited unless such placement
facilitates the remedy selected for the waste or a demonstration is made pursuant to §264.314(e).
(iv) The absence or presence of free liquids in either a containerized or a bulk waste must be determined in
accordance with §264.314(b). Sorbents used to treat free liquids in CAMUs must meet the requirements of
§264.314(d).
(4) Placement of CAMU-eligible wastes into or within a CAMU does not constitute land disposal of hazardous wastes.
(5) Consolidation or placement of CAMU-eligible wastes into or within a CAMU does not constitute creation of a unit
subject to minimum technology requirements.
(b)(1) The Regional Administrator may designate a regulated unit (as defined in §264.90(a)(2)) as a CAMU, or may
incorporate a regulated unit into a CAMU, if:
(i) The regulated unit is closed or closing, meaning it has begun the closure process under §264.113 or §265.113 of
this chapter; and
(ii) Inclusion of the regulated unit will enhance implementation of effective, protective and reliable remedial actions for
the facility.
(2) The subpart F, G, and H requirements and the unit-specific requirements of this part 264 or part 265 of this
chapter that applied to the regulated unit will continue to apply to that portion of the CAMU after incorporation into the
CAMU.
(c) The Regional Administrator shall designate a CAMU that will be used for storage and/or treatment only in
accordance with paragraph (f) of this section. The Regional Administrator shall designate all other CAMUs in
accordance with the following:
(1) The CAMU shall facilitate the implementation of reliable, effective, protective, and cost-effective remedies;
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(2) Waste management activities associated with the CAMU shall not create unacceptable risks to humans or to the
environment resulting from exposure to hazardous wastes or hazardous constituents;
(3) The CAMU shall include uncontaminated areas of the facility, only if including such areas for the purpose of
managing CAMU-eligible waste is more protective than management of such wastes at contaminated areas of the
facility;
(4) Areas within the CAMU, where wastes remain in place after closure of the CAMU, shall be managed and
contained so as to minimize future releases, to the extent practicable;
(5) The CAMU shall expedite the timing of remedial activity implementation, when appropriate and practicable;
(6) The CAMU shall enable the use, when appropriate, of treatment technologies (including innovative technologies)
to enhance the long-term effectiveness of remedial actions by reducing thetoxicity, mobility, or volume of wastes that
will remain in place after closure of the CAMU; and
(7) The CAMU shall, to the extent practicable, minimize the land area of the facility upon which wastes will remain in
place after closure of the CAMU.
(d) The owner/operator shall provide sufficient information to enable the Regional Administrator to designate a CAMU
in accordance with the criteria in this section. This must include, unless not reasonably available, information on:
(1) The origin of the waste and how it was subsequently managed (including a description of the timing and
circumstances surrounding the disposal and/or release);
(2) Whether the waste was listed or identified as hazardous at the time of disposal and/or release; and
(3) Whether the disposal and/or release of the waste occurred before or after the land disposal requirements of part
268 of this chapter were in effect for the waste listing or characteristic.
(e) The Regional Administrator shall specify, in the permit or order, requirements for CAMUs to include the following:
(1)The areal configuration of the CAMU.
(2) Except as provided in paragraph (g) of this section, requirements for CAMU-eligible waste management to include
the specification of applicable design, operation, treatment and closure requirements.
(3) Minimum design requirements. CAMUs, except as provided in paragraph (f) of this section, into which wastes are
placed must be designed in accordance with the following:
(i) Unless the Regional Administrator approves alternate requirements under paragraph (e)(3)(ii) of this section,
CAMUs that consist of new, replacement, or laterally expanded units must include a composite liner and a leachate
collection system that is designed and constructed to maintain less than a 30-cm depth of leachate over the liner. For
purposes of this section, composite liner means a system consisting of two components; the upper component must
consist of a minimum 30-mil flexible membrane liner (FML), and the lower component must consist of at least a two-
foot layer of compacted soil with a hydraulic conductivity of no more than 1x10-7 cm/sec. FML components
consisting of high density polyethylene (HOPE) must be at least 60 mil thick. The FML component must be installed
in direct and uniform contact with the compacted soil component;
(ii) Alternate requirements. The Regional Administrator may approve alternate requirements if:
(A) The Regional Administrator finds that alternate design and operating practices, together with location
characteristics, will prevent the migration of any hazardous constituents into the ground water or surface water at
least as effectively as the liner and leachate collection systems in paragraph (e)(3)(i) of this section; or
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(B) The CAMU is to be established in an area with existing significant levels of contamination, and the Regional
Administrator finds that an alternative design, including a design that does not include a liner, would prevent migration
from the unit that would exceed long-term remedial goals.
(4) Minimum treatment requirements: Unless the wastes will be placed in a CAMU for storage and/or treatment only
in accordance with paragraph (f) of this section, CAMU-eligible wastes that, absent this section, would be subject to
the treatment requirements of part 268 of this chapter, and that the Regional Administrator determines contain
principal hazardous constituents must be treated to the standards specified in paragraph (e)(4)(iii) of this section.
(i) Principal hazardous constituents are those constituents that the Regional Administrator determines pose a risk to
human health and the environment substantially higher than the cleanup levels or goals at the site.
(A) In general, the Regional Administrator will designate as principal hazardous constituents:
( 1 ) Carcinogens that pose a potential direct risk from ingestion or inhalation at the site at or above 10~3; and
( 2 ) Non-carcinogens that pose a potential direct risk from ingestion or inhalation at the site an order of magnitude or
greater over their reference dose.
(B) The Regional Administrator will also designate constituents as principal hazardous constituents, where
appropriate, when risks to human health and the environment posed by the potential migration of constituents in
wastes to ground water are substantially higher than cleanup levels or goals at the site; when making such a
designation, the Regional Administrator may consider such factors as constituent concentrations, and fate and
transport characteristics under site conditions.
(C) The Regional Administrator may also designate other constituents as principal hazardous constituents that the
Regional Administrator determines pose a risk to human health and the environment substantially higher than the
cleanup levels or goals at the site.
(ii) In determining which constituents are "principal hazardous constituents," the Regional Administrator must consider
all constituents which, absent this section, would be subject to the treatment requirements in 40 CFR part 268.
(iii) Waste that the Regional Administrator determines contains principal hazardous constituents must meet treatment
standards determined in accordance with paragraph (e)(4)(iv) or (e)(4)(v) of this section.
(iv) Treatment standards for wastes placed in CAMUs.
(A) For non-metals, treatment must achieve 90 percent reduction in total principal hazardous constituent
concentrations, except as provided by paragraph (e)(4)(iv)(C) of this section.
(B) For metals, treatment must achieve 90 percent reduction in principal hazardous constituent concentrations as
measured in leachate from the treated waste or 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
(e)(4)(iv)(C) of this section.
(C) When treatment of any principal hazardous constituent 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 §268.48 Table UTS of this chapter.
(D) For waste exhibiting the hazardous characteristic of ignitability, corrosivity or reactivity, the waste must also be
treated to eliminate these characteristics.
(E) For debris, the debris must be treated in accordance with §268.45 of this chapter, or by methods or to levels
established under paragraphs (e)(4)(iv)(A) through (D) or paragraph (e)(4)(v) of this section, whichever the Regional
Administrator determines is appropriate.
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(F) Alternatives to TCLP. For metal bearing wastes for which metals removal treatment is not used, the Regional
Administrator may specify a leaching test other than the TCLP (SW846 Method 1311, 40 CFR 260.11(c)(3)(v)) to
measure treatment effectiveness, provided the Regional Administrator determines that an alternative leach testing
protocol is appropriate for use, and that the alternative more accurately reflects conditions at the site that affect
leaching.
(v) Adjusted standards. The Regional Administrator may adjust the treatment level or method in paragraph (e)(4)(iv)
of this section to a higher or lower level, based on one or more of the following factors, as appropriate. The adjusted
level or method must be protective of human health and the environment:
(A) The technical impracticability of treatment to the levels or by the methods in paragraph (e)(4)(iv) of this section;
(B) The levels or methods in paragraph (e)(4)(iv) of this section would result in concentrations of principal hazardous
constituents (PHCs) that are significantly above or below cleanup standards applicable to the site (established either
site-specifically, or promulgated under state or federal law);
(C) The views of the affected local community on the treatment levels or methods in paragraph (e)(4)(iv) of this
section as applied at the site, and, for treatment levels, the treatment methods necessary to achieve these levels;
(D) The short-term risks presented by the on-site treatment method necessary to achieve the levels or treatment
methods in paragraph (e)(4)(iv) of this section;
(E) The long-term protection offered by the engineering design of the CAMU and related engineering controls:
( •/ ) Where the treatment standards in paragraph (e)(4)(iv) of this section are substantially met and the principal
hazardous constituents in the waste or residuals are of very low mobility; or
( 2 ) Where cost-effective treatment has been used and the CAMU meets the Subtitle C liner and leachate collection
requirements for new land disposal units at §264.301 (c) and (d); or
( 3 ) Where, after review of appropriate treatment technologies, the Regional Administrator determines that cost-
effective treatment is not reasonably available, and the CAMU meets the Subtitle C liner and leachate collection
requirements for new land disposal units at §264.301 (c) and (d); or
( 4 ) Where cost-effective treatment has been used and the principal hazardous constituents in the treated wastes are
of very low mobility; or
( 5 ) Where, after review of appropriate treatment technologies, the Regional Administrator determines that cost-
effective treatment is not reasonably available, the principal hazardous constituents in the wastes are of very low
mobility, and either the CAMU meets or exceeds the liner standards for new, replacement, or laterally expanded
CAMUs in paragraphs (e)(3)(i) and (ii) of this section, or the CAMU provides substantially equivalent or greater
protection.
(vi) The treatment required by the treatment standards must be completed prior to, or within a reasonable time after,
placement in the CAMU.
(vii) For the purpose of determining whether wastes placed in CAMUs have met site-specific treatment standards, the
Regional Administrator may, as appropriate, specify a subset of the principal hazardous constituents in the waste as
analytical surrogates for determining whether treatment standards have been met for other principal hazardous
constituents. This specification will be based on the degree of difficulty of treatment and analysis of constituents with
similar treatment properties.
(5) Except as provided in paragraph (f) of this section, requirements for ground water monitoring and corrective action
that are sufficient to:
(i) Continue to detect and to characterize the nature, extent, concentration, direction, and movement of existing
releases of hazardous constituents in ground water from sources located within the CAMU; and
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(ii) Detect and subsequently characterize releases of hazardous constituents to ground water that may occur from
areas of the CAMU in which wastes will remain in place after closure of the CAMU; and
(iii) Require notification to the Regional Administrator and corrective action as necessary to protect human health and
the environment for releases to ground water from the CAMU.
(6) Except as provided in paragraph (f) of this section, closure and post-closure requirements:
(i) Closure of corrective action management units shall:
(A) Minimize the need for further maintenance; and
(B) Control, minimize, or eliminate, to the extent necessary to protect human health and the environment, for areas
where wastes remain in place, post-closure escape of hazardous wastes, hazardous constituents, leachate,
contaminated runoff, or hazardous waste decomposition products to the ground, to surface waters, or to the
atmosphere.
(ii) Requirements for closure of CAMUs shall include the following, as appropriate and as deemed necessary by the
Regional Administrator for a given CAMU:
(A) Requirements for excavation, removal, treatment or containment of wastes; and
(B) Requirements for removal and decontamination of equipment, devices, and structures used in CAMU-eligible
waste management activities within the CAMU.
(iii) In establishing specific closure requirements for CAMUs under paragraph (e) of this section, the Regional
Administrator shall consider the following factors:
(A) CAMU characteristics;
(B) Volume of wastes which remain in place after closure;
(C) Potential for releases from the CAMU;
(D) Physical and chemical characteristics of the waste;
(E) Hydrogeological and other relevant environmental conditions at the facility which may influence the migration of
any potential or actual releases; and
(F) Potential for exposure of humans and environmental receptors if releases were to occur from the CAMU.
(iv) Cap requirements:
(A) At final closure of the CAMU, for areas in which wastes will remain after closure of the CAMU, with constituent
concentrations at or above remedial levels or goals applicable to the site, the owner or operator must cover the
CAMU with a final cover designed and constructed to meet the following performance criteria, except as provided in
paragraph (e)(6)(iv)(B) of this section:
( •/ ) Provide long-term minimization of migration of liquids through the closed unit;
( 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
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( 5 ) Have a permeability less than or equal to the permeability of any bottom liner system or natural subsoils present.
(B) The Regional Administrator may determine that modifications to paragraph (e)(6)(iv)(A) of this section are needed
to facilitate treatment or the performance of the CAMU (e.g., to promote biodegradation).
(v) Post-closure requirements as necessary to protect human health and the environment, to include, for areas where
wastes will remain in place, monitoring and maintenance activities, and the frequency with which such activities shall
be performed to ensure the integrity of any cap, final cover, or other containment system.
(f) CAMUs used for storage and/or treatment only are CAMUs in which wastes will not remain after closure. Such
CAMUs must be designated in accordance with all of the requirements of this section, except as follows.
(1) CAMUs that are used for storage and/or treatment only and that operate in accordance with the time limits
established in the staging pile regulations at §264.554(d)(1 )(iii), (h), and (i) are subject to the requirements for staging
piles at§264.554(d)(1)(i) and (ii), §264.554(d)(2), §264.554(e) and (f), and §264.554(j) and (k) in lieu of the
performance standards and requirements for CAMUs in this section at paragraphs (c) and (e)(3) through (6).
(2) CAMUs that are used for storage and/or treatment only and that do not operate in accordance with the time limits
established in the staging pile regulations at §264.554(d)(1 )(iii), (h), and (i):
(i) Must operate in accordance with a time limit, established by the Regional Administrator, that is no longer than
necessary to achieve a timely remedy selected for the waste, and
(ii) Are subject to the requirements for staging piles at §264.554(d)(1 )(i) and (ii), §264.554(d)(2), §264.554(e) and (f),
and §264.554(j) and (k) in lieu of the performance standards and requirements for CAMUs in this section at
paragraphs (c) and (e)(4) and (6).
(g) CAMUs into which wastes are placed where all wastes have constituent levels at or below remedial levels or
goals applicable to the site do not have to comply with the requirements for liners at paragraph (e)(3)(i) of this
section, caps at paragraph (e)(6)(iv) of this section, ground water monitoring requirements at paragraph (e)(5) of this
section or, for treatment and/or storage-only CAMUs, the design standards at paragraph (f) of this section.
(h) The Regional Administrator shall provide public notice and a reasonable opportunity for public comment before
designating a CAMU. Such notice shall include the rationale for any proposed adjustments under paragraph (e)(4)(v)
of this section to the treatment standards in paragraph (e)(4)(iv) of this section.
(i) Notwithstanding any other provision of this section, the Regional Administrator may impose additional
requirements as necessary to protect human health and the environment.
(j) Incorporation of a CAMU into an existing permit must be approved by the Regional Administrator according to the
procedures for Agency-initiated permit modifications under §270.41 of this chapter, or according to the permit
modification procedures of §270.42 of this chapter.
(k) The designation of a CAMU does not change EPA's existing authority to address clean-up levels, media-specific
points of compliance to be applied to remediation at a facility, or other remedy selection decisions.
[67 FR 3025, Jan. 22, 2002, as amended at 71 FR 40273, July 14, 2006; 75 FR 13006, Mar. 18, 2010]
§ 264.553 Temporary Units (TU).
(a) For temporary tanks and container storage areas used to treat or store hazardous remediation wastes during
remedial activities required under §264.101 or RCRA3008(h), or at a permitted facility that is not subject to §264.101,
the Regional Administrator may designate a unit at the facility, as a temporary unit. A temporary unit must be located
within the contiguous property under the control of the owner/operator where the wastes to be managed in the
temporary unit originated. For temporary units, the Regional Administrator may replace the design, operating, or
closure standard applicable to these units under this part 264 or part 265 of this chapter with alternative requirements
which protect human health and the environment.
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(b) Any temporary unit to which alternative requirements are applied in accordance with paragraph (a) of this section
shall be:
(1) Located within the facility boundary; and
(2) Used only for treatment or storage of remediation wastes.
(c) In establishing standards to be applied to a temporary unit, the Regional Administrator shall consider the following
factors:
(1) Length of time such unit will be in operation;
(2) Type of unit;
(3) Volumes of wastes to be managed;
(4) Physical and chemical characteristics of the wastes to be managed in the unit;
(5) Potential for releases from the unit;
(6) Hydrogeological and other relevant environmental conditions at the facility which may influence the migration of
any potential releases; and
(7) Potential for exposure of humans and environmental receptors if releases were to occur from the unit.
(d) The Regional Administrator shall specify in the permit or order the length of time a temporary unit will be allowed
to operate, to be no longer than a period of one year. The Regional Administrator shall also specify the design,
operating, and closure requirements for the unit.
(e) The Regional Administrator may extend the operational period of a temporary unit once for no longer than a
period of one year beyond that originally specified in the permit or order, if the Regional Administrator determines
that:
(1) Continued operation of the unit will not pose a threat to human health and the environment; and
(2) Continued operation of the unit is necessary to ensure timely and efficient implementation of remedial actions at
the facility.
(f) Incorporation of a temporary unit or a time extension for a temporary unit into an existing permit shall be:
(1) Approved in accordance with the procedures for Agency-initiated permit modifications under §270.41; or
(2) Requested by the owner/operator as a Class II modification according to the procedures under §270.42 of this
chapter.
(g) The Regional Administrator shall document the rationale for designating a temporary unit and for granting time
extensions for temporary units and shall make such documentation available to the public.
[58 FR 8683, Feb. 16, 1993, as amended at 63 FR 65939, Nov. 30, 1998; 71 FR 40273, July 14, 2006]
§ 264.554 Staging piles.
This section is written in a special format to make it easier to understand the regulatory requirements. Like other
Environmental Protection Agency (EPA) regulations, this establishes enforceable legal requirements. For this "I" and
"you" refer to the owner/operator.
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(a) What is a staging pile? A staging pile is an accumulation of solid, non-flowing remediation waste (as defined in
§260.10 of this chapter) that is not a containment building and is used only during remedial operations for temporary
storage at a facility. A staging pile must be located within the contiguous property under the control of the
owner/operator where the wastes to be managed in the staging pile originated. Staging piles must be designated by
the Director according to the requirements in this section.
(1) For the purposes of this section, storage includes mixing, sizing, blending, or other similar physical operations as
long as they are intended to prepare the wastes for subsequent management or treatment.
(2) [Reserved]
(b) When may I use a staging pile? You may use a staging pile to store hazardous remediation waste (or remediation
waste otherwise subject to land disposal restrictions) only if you follow the standards and design criteria the Director
has designated for that staging pile. The Director must designate the staging pile in a permit or, at an interim status
facility, in a closure plan or order (consistent with §270.72(a)(5) and (b)(5) of this chapter). The Director must
establish conditions in the permit, closure plan, or order that comply with paragraphs (d) through (k) of this section.
(c) What information must I provide to get a staging pile designated? When seeking a staging pile designation, you
must provide:
(1) Sufficient and accurate information to enable the Director to impose standards and design criteria for your staging
pile according to paragraphs (d) through (k) of this section;
(2) Certification by a qualified Professional Engineer for technical data, such as design drawings and specifications,
and engineering studies, unless the Director determines, based on information that you provide, that this certification
is not necessary to ensure that a staging pile will protect human health and the environment; and
(3) Any additional information the Director determines is necessary to protect human health and the environment.
(d) What performance criteria must a staging pile satisfy? The Director must establish the standards and design
criteria for the staging pile in the permit, closure plan, or order.
(1) The standards and design criteria must comply with the following:
(i) The staging pile must facilitate a reliable, effective and protective remedy;
(ii) The staging pile must be designed so as to prevent or minimize releases of hazardous wastes and hazardous
constituents into the environment, and minimize or adequately control cross-media transfer, as necessary to protect
human health and the environment (for example, through the use of liners, covers, run-off/run-on controls, as
appropriate); and
(iii) The staging pile must not operate for more than two years, except when the Director grants an operating term
extension under paragraph (i) of this section (entitled "May I receive an operating extension for a staging pile?"). You
must measure the two-year limit, or other operating term specified by the Director in the permit, closure plan, or order,
from the first time you place remediation waste into a staging pile. You must maintain a record of the date when you
first placed remediation waste into the staging pile for the life of the permit, closure plan, or order, or for three years,
whichever is longer.
(2) In setting the standards and design criteria, the Director must consider the following factors:
(i) Length of time the pile will be in operation;
(ii) Volumes of wastes you intend to store in the pile;
(iii) Physical and chemical characteristics of the wastes to be stored in the unit;
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(iv) Potential for releases from the unit;
(v) Hydrogeological and other relevant environmental conditions at the facility that may influence the migration of any
potential releases; and
(vi) Potential for human and environmental exposure to potential releases from the unit;
(e) May a staging pile receive ignitable or reactive remediation waste? You must not place ignitable or reactive
remediation waste in a staging pile unless:
(1) You have treated, rendered or mixed the remediation waste before you placed it in the staging pile so that:
(i) The remediation waste no longer meets the definition of ignitable or reactive under §261.21 or §261.23 of this
chapter; and
(ii) You have complied with §264.17(b); or
(2) You manage the remediation waste to protect it from exposure to any material or condition that may cause it to
ignite or react.
(f) How do I handle incompatible remediation wastes in a staging pile? The term "incompatible waste" is defined in
§260.10 of this chapter. You must comply with the following requirements for incompatible wastes in staging piles:
(1) You must not place incompatible remediation wastes in the same staging pile unless you have complied with
§264.17(b);
(2) If remediation waste in a staging pile is incompatible with any waste or material stored nearby in containers, other
piles, open tanks or land disposal units (for example, surface impoundments), you must separate the incompatible
materials, or protect them from one another by using a dike, berm, wall or other device; and
(3) You must not pile remediation waste on the same base where incompatible wastes or materials were previously
piled, unless the base has been decontaminated sufficiently to comply with §264.17(b).
(g) Are staging piles subject to Land Disposal Restrictions (LDR) and Minimum Technological Requirements (MTR)?
No. Placing hazardous remediation wastes into a staging pile does not constitute land disposal of hazardous wastes
or create a unit that is subject to the minimum technological requirements of RCRA 3004(o).
(h) How long may I operate a staging pile? The Director may allow a staging pile to operate for up to two years after
hazardous remediation waste is first placed into the pile. You must use a staging pile no longer than the length of
time designated by the Director in the permit, closure plan, or order (the "operating term"), except as provided in
paragraph (i) of this section.
(i) May I receive an operating extension for a staging pile? (1) The Director may grant one operating term extension
of up to 180 days beyond the operating term limit contained in the permit, closure plan, or order (see paragraph (I) of
this section for modification procedures). To justify to the Director the need for an extension, you must provide
sufficient and accurate information to enable the Director to determine that continued operation of the staging pile:
(i) Will not pose a threat to human health and the environment; and
(ii) Is necessary to ensure timely and efficient implementation of remedial actions at the facility.
(2) The Director may, as a condition of the extension, specify further standards and design criteria in the permit,
closure plan, or order, as necessary, to ensure protection of human health and the environment.
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(j) What is the closure requirement for a staging pile located in a previously contaminated area? (1) Within 180 days
after the operating term of the staging pile expires, you must close a staging pile located in a previously contaminated
area of the site by removing or decontaminating all:
(i) Remediation waste;
(ii) Contaminated containment system components; and
(iii) Structures and equipment contaminated with waste and leachate.
(2) You must also decontaminate contaminated subsoils in a manner and according to a schedule that the Director
determines will protect human health and the environment.
(3) The Director must include the above requirements in the permit, closure plan, or order in which the staging pile is
designated.
(k) What is the closure requirement for a staging pile located in an uncontaminated area? (1) Within 180 days after
the operating term of the staging pile expires, you must close a staging pile located in an uncontaminated area of the
site according to §§264.258(a) and 264.111; or according to §§265.258(a) and 265.111 of this chapter.
(2) The Director must include the above requirement in the permit, closure plan, or order in which the staging pile is
designated.
(I) How may my existing permit (for example, RAP), closure plan, or order be modified to allow me to use a staging
pile? (1) To modify a permit, other than a RAP, to incorporate a staging pile or staging pile operating term extension,
either:
(i) The Director must approve the modification under the procedures for Agency-initiated permit modifications in
§270.41 of this chapter; or
(ii) You must request a Class 2 modification under §270.42 of this chapter.
(2) To modify a RAP to incorporate a staging pile or staging pile operating term extension, you must comply with the
RAP modification requirements under §§270.170 and 270.175 of this chapter.
(3) To modify a closure plan to incorporate a staging pile or staging pile operating term extension, you must follow the
applicable requirements under §264.112(c) or §265.112(c) of this chapter.
(4) To modify an order to incorporate a staging pile or staging pile operating term extension, you must follow the
terms of the order and the applicable provisions of §270.72(a)(5) or (b)(5) of this chapter.
(m) Is information about the staging pile available to the public? The Director must document the rationale for
designating a staging pile or staging pile operating term extension and make this documentation available to the
public.
[63 FR 65939, Nov. 30, 1998, as amended at 67 FR 3028, Jan. 22, 2002; 71 FR 16907, Apr. 4, 2006; 71 FR 40273,
July 14, 2006]
§ 264.555 Disposal of CAMU-eligible wastes in permitted hazardous waste landfills.
(a) The Regional Administrator with regulatory oversight at the location where the cleanup is taking place may
approve placement of CAMU-eligible wastes in hazardous waste landfills not located at the site from which the waste
originated, without the wastes meeting the requirements of RCRA 40 CFR part 268, if the conditions in paragraphs
(a)(1) through (3) of this section are met:
(1) The waste meets the definition of CAMU-eligible waste in §264.552(a)(1) and (2).
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(2) The Regional Administrator with regulatory oversight at the location where the cleanup is taking place identifies
principal hazardous constitutes in such waste, in accordance with §264.552(e)(4)(i) and (ii), and requires that such
principal hazardous constituents are treated to any of the following standards specified for CAMU-eligible wastes:
(i) The treatment standards under §264.552(e)(4)(iv); or
(ii) Treatment standards adjusted in accordance with §264.552(e)(4)(v)(A), (C), (D) or(E)( 1 ); or
(iii) Treatment standards adjusted in accordance with §264.552(e)(4)(v)(E)( 2 ), where treatment has been used and
that treatment significantly reduces the toxicity or mobility of the principal hazardous constituents in the waste,
minimizing the short-term and long-term threat posed by the waste, including the threat at the remediation site.
(3) The landfill receiving the CAMU-eligible waste must have a RCRA hazardous waste permit, meet the
requirements for new landfills in Subpart N of this part, and be authorized to accept CAMU-eligible wastes; for the
purposes of this requirement, "permit" does not include interim status.
(b) The person seeking approval shall provide sufficient information to enable the Regional Administrator with
regulatory oversight at the location where the cleanup is taking place to approve placement of CAMU-eligible waste in
accordance with paragraph (a) of this section. Information required by §264.552(d)(1) through (3) for CAMU
applications must be provided, unless not reasonably available.
(c) The Regional Administrator with regulatory oversight at the location where the cleanup is taking place shall
provide public notice and a reasonable opportunity for public comment before approving CAMU eligible waste for
placement in an off-site permitted hazardous waste landfill, consistent with the requirements for CAMU approval at
§264.552(h). The approval must be specific to a single remediation.
(d) Applicable hazardous waste management requirements in this part, including recordkeeping requirements to
demonstrate compliance with treatment standards approved under this section, for CAMU-eligible waste must be
incorporated into the receiving facility permit through permit issuance or a permit modification, providing notice and
an opportunity for comment and a hearing. Notwithstanding 40 CFR 270.4(a), a landfill may not receive hazardous
CAMU-eligible waste under this section unless its permit specifically authorizes receipt of such waste.
(e) For each remediation, CAMU-eligible waste may not be placed in an off-site landfill authorized to receive CAMU-
eligible waste in accordance with paragraph (d) of this section until the following additional conditions have been met:
(1) The landfill owner/operator notifies the Regional Administrator responsible for oversight of the landfill and persons
on the facility mailing list, maintained in accordance with 40 CFR 124.10(c)(1)(ix), of his or her intent to receive
CAMU-eligible waste in accordance with this section; the notice must identify the source of the remediation waste, the
principal hazardous constituents in the waste, and treatment requirements.
(2) Persons on the facility mailing list may provide comments, including objections to the receipt of the CAMU-eligible
waste, to the Regional Administrator within 15 days of notification.
(3) The Regional Administrator may object to the placement of the CAMU-eligible waste in the landfill within 30 days
of notification; the Regional Administrator may extend the review period an additional 30 days because of public
concerns or insufficient information.
(4) CAMU-eligible wastes may not be placed in the landfill until the Regional Administrator has notified the facility
owner/operator that he or she does not object to its placement.
(5) If the Regional Administrator objects to the placement or does not notify the facility owner/operator that he or she
has chosen not to object, the facility may not receive the waste, notwithstanding 40 CFR 270.4(a), until the objection
has been resolved, or the owner/operator obtains a permit modification in accordance with the procedures of §270.42
specifically authorizing receipt of the waste.
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(6) As part of the permit issuance or permit modification process of paragraph (d) of this section, the Regional
Administrator may modify, reduce, or eliminate the notification requirements of this paragraph as they apply to
specific categories of CAMU-eligible waste, based on minimal risk.
(f) Generators of CAMU-eligible wastes sent off-site to a hazardous waste landfill under this section must comply with
the requirements of 40 CFR 268.7(a)(4); off-site facilities treating CAMU-eligible wastes to comply with this section
must comply with the requirements of §268.7(b)(4), except that the certification must be with respect to the treatment
requirements of paragraph (a)(2) of this section.
(g) For the purposes of this section only, the "design of the CAMU" in 40 CFR 264.552(e)(4)(v)(E) means design of
the permitted Subtitle C landfill.
[67 FR 3028, Jan. 22, 2002, as amended at 71 FR 40274, July 14, 2006]
Subparts T-V [Reserved]
Subpart W—Drip Pads
Source: 56 FR 30196, July 1, 1991, unless otherwise noted.
§ 264.570 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 §264.573(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 run-on is generated is not subject to regulation under §264.573(e) or §264.573(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 owner or operator 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.
[56 FR 30196, July 1, 1991, as amended at 57 FR 61502, Dec. 24, 1992]
§ 264.571 Assessment of existing drip pad integrity.
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(a) For each existing drip pad as defined in §264.570 of this subpart, the owner or operator must evaluate the drip
pad and determine whether it meets all of the requirements of this subpart, except the requirements for liners and
leak detection systems of §264.573(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
§264.573 are complete. The evaluation must document the extent to which the drip pad meets each of the design
and operating standards of §264.573, except the standards for liners and leak detection systems, specified in
§264.573(b).
(b) The owner or operator must develop a written plan for upgrading, repairing, and modifying the drip pad to meet
the requirements of §264.573(b) and submit the plan to 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 §264.573. The plan must
be reviewed and certified by a qualified Professional Engineer.
(c) Upon completion of all upgrades, 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
§264.573 (m) of this subpart or close the drip pad in accordance with §264.575 of this subpart.
[56 FR 30196, July 1, 1991, as amended at 57 FR 61503, Dec. 24, 1992; 71 FR 16907, Apr. 4, 2006]
§ 264.572 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 requirements of §§264.573 (except 264.573(a)(4)), 264.574 and 264.575 of this subpart, or
(b) all of the requirements of §§264.573 (except §264.573(b)), 264.574 and 264.575 of this subpart.
[57 FR 61503, Dec. 24, 1992]
§ 264.573 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 1><10-7 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 1><10-7 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 §264.572(b) instead of §264.572(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 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 the industry such as the American Concrete Institute (ACI) or the American
Society of Testing and Materials (ASTM) in judging the structural integrity requirement of this paragraph.]
(b) If an owner/operator elects to comply with §264.572(a) instead of §264.572(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 to prevent releases into the adjacent subsurface soil or groundwater 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;
(ii) Designed and operated to function without clogging through the scheduled closure of the drip pad; and
(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, 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 §264.573(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.
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(e) Unless protected by a structure, as described in §264.570(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-
off that might enter the system.
(f) Unless protected by a structure or cover as described in §264.570(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. The owner/operator must
determine if the residues are hazardous as per 40 CFR 262.11 and, if so, must manage them under parts 261-268,
270, and section 3010 of RCRA.
(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.
(I) 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 and as specified in the permit, 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 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 in 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 and clean up any leakage from below the drip pad, and
establish a schedule for accomplishing the repairs;
(iv) Within 24 hours after discovery of the condition, notify the Regional Administrator of the condition and, within 10
working days, provide 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 cleanup are complete and notify the owner
or operator of the determination and the underlying rationale in writing.
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(3) Upon completing all repairs and cleanup, 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
cleanup have been completed according to the written plan submitted in accordance with paragraph (m)(1)(iv) of this
section.
(n) Should a permit be necessary, the Regional Administrator will specify in the permit all design and operating
practices that are necessary to ensure that the requirements of this section are satisfied.
(o) 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.
[56 FR 30196, July 1, 1991, as amended at 57 FR 5861, Feb. 18, 1992; 57 FR 61503, Dec. 24, 1992; 71 FR 16907,
Apr. 4, 2006; 71 FR 40274, July 14, 2006]
§ 264.574 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 in
§264.573 of this subpart 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 run-off control systems;
(2) The presence of leakage in and proper functioning of leak detection system.
(3) Deterioration or cracking of the drip pad surface.
Note: See §264.573(m) for remedial action required if deterioration or leakage is detected.
[56 FR 30196, July 1, 1991, as amended at 71 FR 16907, Apr. 4, 2006]
§264.575 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 practicably 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 (§264.310). For permitted units, the requirement to have a permit continues
throughout the post-closure period. In addition, for the purpose of closure, post-closure, and financial responsibility,
such a drip pad is then considered to be landfill, and the owner or operator must meet all of the requirements for
landfills specified in subparts G and H of this part.
(c)(1) The owner or operator of an existing drip pad, as defined in §264.570 of this subpart, that does not comply with
the liner requirements of §264.573(b)(1) must:
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(i) Include in the closure plan for the drip pad under §264.112 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 §264.118 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 §§264.112 and 264.144 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.
Source: 52 FR 46964, Dec. 10, 1987, unless otherwise noted.
§ 264.600 Applicability.
The requirements in this subpart apply to owners and operators of facilities that treat, store, or dispose of hazardous
waste in miscellaneous units, except as §264.1 provide otherwise.
[52 FR 46964, Dec. 10, 1987, as amended at 71 FR 40274, July 14, 2006]
§ 264.601 Environmental performance standards.
A miscellaneous unit must be located, designed, constructed, operated, maintained, and closed in a manner that will
ensure protection of human health and the environment. Permits for miscellaneous units are to contain such terms
and provisions as necessary to protect human health and the environment, including, but not limited to, as
appropriate, design and operating requirements, detection and monitoring requirements, and requirements for
responses to releases of hazardous waste or hazardous constituents from the unit. Permit terms and provisions must
include those requirements of subparts I through O and subpartsAA through CC of this part, part 270, part 63
subpart EEE, and part 146 of this chapter that are appropriate for the miscellaneous unit being permitted. Protection
of human health and the environment includes, but is not limited to:
(a) Prevention of any releases that may have adverse effects on human health or the environment due to migration of
waste constituents in the ground water or subsurface environment, considering:
(1) The volume and physical and chemical characteristics of the waste in the unit, including its potential for migration
through soil, liners, or other containing structures;
(2) The hydrologic and geologic characteristics of the unit and the surrounding area;
(3) The existing quality of ground water, including other sources of contamination and their cumulative impact on the
ground water;
(4) The quantity and direction of ground-water flow;
(5) The proximity to and withdrawal rates of current and potential ground-water users;
(6) The patterns of land use in the region;
(7) The potential for deposition or migration of waste constituents into subsurface physical structures, and into the
root zone of food-chain crops and other vegetation;
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(8) The potential for health risks caused by human exposure to waste constituents; and
(9) The potential for damage to domestic animals, wildlife, crops, vegetation, and physical structures caused by
exposure to waste constituents;
(b) Prevention of any releases that may have adverse effects on human health or the environment due to migration of
waste constituents in surface water, or wetlands or on the soil surface considering:
(1) The volume and physical and chemical characteristics of the waste in the unit;
(2) The effectiveness and reliability of containing, confining, and collecting systems and structures in preventing
migration;
(3) The hydrologic characteristics of the unit and the surrounding area, including the topography of the land around
the unit;
(4) The patterns of precipitation in the region;
(5) The quantity, quality, and direction of ground-water flow;
(6) The proximity of the unit to surface waters;
(7) The current and potential uses of nearby surface waters and any water quality standards established for those
surface waters;
(8) The existing quality of surface waters and surface soils, including other sources of contamination and their
cumulative impact on surface waters and surface soils;
(9) The patterns of land use in the region;
(10) The potential for health risks caused by human exposure to waste constituents; and
(11) The potential for damage to domestic animals, wildlife, crops, vegetation, and physical structures caused by
exposure to waste constituents.
(c) Prevention of any release that may have adverse effects on human health or the environment due to migration of
waste constituents in the air, considering:
(1) The volume and physical and chemical characteristics of the waste in the unit, including its potential forthe
emission and dispersal of gases, aerosols and particulates;
(2) The effectiveness and reliability of systems and structures to reduce or prevent emissions of hazardous
constituents to the air;
(3) The operating characteristics of the unit;
(4) The atmospheric, meteorologic, and topographic characteristics of the unit and the surrounding area;
(5) The existing quality of the air, including other sources of contamination and their cumulative impact on the air;
(6) The potential for health risks caused by human exposure to waste constituents; and
(7) The potential for damage to domestic animals, wildlife, crops, vegetation, and physical structures caused by
exposure to waste constituents.
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[59 FR 62927, Dec. 6, 1994, as amended at 64 FR 53074, Sept. 30, 1999; 71 FR 40274, July 14, 2006]
§ 264.602 Monitoring, analysis, inspection, response, reporting, and corrective action.
Monitoring, testing, analytical data, inspections, response, and reporting procedures and frequencies must ensure
compliance with §§264.601, 264.15, 264.33, 264.75, 264.76, 264.77, and 264.101 as well as meet any additional
requirements needed to protect human health and the environment as specified in the permit.
§ 264.603 Post-closure care.
A miscellaneous unit that is a disposal unit must be maintained in a manner that complies with §264.601 during the
post-closure care period. In addition, if a treatment or storage unit has contaminated soils or ground water that cannot
be completely removed or decontaminated during closure, then that unit must also meet the requirements of
§264.601 during post-closure care. The post-closure plan under §264.118 must specify the procedures that will be
used to satisfy this requirement.
Subparts Y-Z [Reserved]
Subpart AA—Air Emission Standards for Process Vents
Source: 55 FR 25494, June 21, 1990, unless otherwise noted.
§264.1030 Applicability.
(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 §264.1).
(b) Except for §264.1034, 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 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 provisions of 40 CFR 261.6.
(c) For the owner and operator of a facility subject to this subpart and who received a final permit under RCRA
section 3005 prior to December6, 1996, the requirements ofthis subpart 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). Until such date when the owner and operator receive a final permit incorporating
the requirements of this subpart, the owner and operator are subject to the requirements of 40 CFR 265, subpart AA.
[Note: The requirements of §§264.1032 through 264.1036 apply to process vents on hazardous waste
recycling units previously exempt under §261.6(c)(1). Other exemptions under §§261.4, and 264.1 (g) are
not affected by these requirements.]
(d) The requirements ofthis 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
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this subpart shall apply to the facility upon termination of the Clean Air Act permit issued pursuant to 40 CFR
52.2454.
(e) 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 25494, June 21, 1990, as amended at 56 FR 19290, Apr. 26, 1991; 61 FR 59950, Nov. 25, 1996; 62 FR
52641, Oct. 8, 1997; 62 FR 64656, Dec. 8, 1997; 71 FR 40274, July 14, 2006]
§264.1031 Definitions.
As used in this subpart, all terms not defined herein shall have the meaning given them in the Act and parts 260-266.
Air stripping operation is a desorption operation employed to transfer one or more volatile components from a liquid
mixture into a gas (air) either with or without the application of heat to the liquid. Packed towers, spray towers, and
bubble-cap, sieve, or valve-type plate towers are among the process configurations used for contacting the air and a
liquid.
Bottoms receiver means a container or tank used to receive and collect the heavier bottoms fractions of the
distillation feed stream that remain in the liquid phase.
Closed-vent system means 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 a piece or pieces of equipment to a control
device.
Condenser means a heat-transfer device that reduces a thermodynamic fluid from its vapor phase to its liquid phase.
Connector means flanged, screwed, welded, or other joined fittings used to connect two pipelines or a pipeline and a
piece of equipment. For the purposes of reporting and recordkeeping, connector means flanged fittings that are not
covered by insulation or other materials that prevent location of the fittings.
Continuous recorder means a data-recording device recording an instantaneous data value at least once every 15
minutes.
Control device means an enclosed combustion device, vapor recovery system, or flare. Any device the primary
function of which is the recovery or capture of solvents or other organics for use, reuse, or sale (e.g., a primary
condenser on a solvent recovery unit) is not a control device.
Control device shutdown means the cessation of operation of a control device for any purpose.
Distillate receiver means a container or tank used to receive and collect liquid material (condensed) from the
overhead condenser of a distillation unit and from which the condensed liquid is pumped to larger storage tanks or
other process units.
Distillation operation means an operation, either batch or continuous, separating one or more feed stream(s) into two
or more exit streams, each exit stream having component concentrations different from those in the feed stream(s).
The separation is achieved by the redistribution of the components between the liquid and vapor phase as they
approach equilibrium within the distillation unit.
Double block and bleed system means two block valves connected in series with a bleed valve or line that can vent
the line between the two block valves.
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Equipment means each valve, pump, compressor, pressure relief device, sampling connection system, open-ended
valve or line, or flange or other connector, and any control devices or systems required by this subpart.
Flame zone means the portion of the combustion chamber in a boiler occupied by the flame envelope.
Flow indicator means a device that indicates whether gas flow is present in a vent stream.
First attempt at repair means to take rapid action for the purpose of stopping or reducing leakage of organic material
to the atmosphere using best practices.
Fractionation operation means a distillation operation or method used to separate a mixture of several volatile
components of different boiling points in successive stages, each stage removing from the mixture some proportion of
one of the components.
Hazardous waste management unit shutdown means a work practice or operational procedure that stops operation of
a hazardous waste management unit or part of a hazardous waste management unit. An unscheduled work practice
or operational procedure that stops operation of a hazardous waste management unit or part of a hazardous waste
management unit for less than 24 hours is not a hazardous waste management unit shutdown. The use of spare
equipment and technically feasible bypassing of equipment without stopping operation are not hazardous waste
management unit shutdowns.
Hot well means a container for collecting condensate as in a steam condenser serving a vacuum-jet or steam-jet
ejector.
In gas/vapor service means that the piece of equipment contains or contacts a hazardous waste stream that is in the
gaseous state at operating conditions.
In heavy liquid service means that the piece of equipment is not in gas/vapor service or in light liquid service.
In light liquid service means that the piece of equipment contains or contacts a waste stream where the vapor
pressure of one or more of the organic components in the stream is greater than 0.3 kilopascals (kPa) at 20 °C, the
total concentration of the pure organic components having a vapor pressure greater than 0.3 kilopascals (kPa) at 20
°C is equal to or greater than 20 percent by weight, and the fluid is a liquid at operating conditions.
In situ sampling systems means nonextractive samplers or in-line samplers.
In vacuum service means that equipment is operating at an internal pressure that is at least 5 kPa below ambient
pressure.
Malfunction means any sudden failure of a control device or a hazardous waste management unit or failure of a
hazardous waste management unit to operate in a normal or usual manner, so that organic emissions are increased.
Open-ended valve or line means any valve, except pressure relief valves, having one side of the valve seat in contact
with hazardous waste and one side open to the atmosphere, either directly or through open piping.
Pressure release means the emission of materials resulting from the system pressure being greater than the set
pressure of the pressure relief device.
Process heater means a device that transfers heat liberated by burning fuel to fluids contained in tubes, including all
fluids except water that are heated to produce steam.
Process vent means any open-ended pipe or stack that is vented to the atmosphere either directly, through a
vacuum-producing system, orthrough a tank (e.g., distillate receiver, condenser, bottoms receiver, surge control
tank, separator tank, or hot well) associated with hazardous waste distillation, fractionation, thin-film evaporation,
solvent extraction, or air or steam stripping operations.
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Repaired means that equipment is adjusted, or otherwise altered, to eliminate a leak.
Sampling connection system means an assembly of equipment within a process or waste management unit used
during periods of representative operation to take samples of the process or waste fluid. Equipment used to take non-
routine grab samples is not considered a sampling connection system.
Sensor means a device that measures a physical quantity or the change in a physical quantity, such as temperature,
pressure, flow rate, pH, or liquid level.
Separator tank means a device used for separation of two immiscible liquids.
Solvent extraction operation means an operation or method of separation in which a solid or solution is contacted with
a liquid solvent (the two being mutually insoluble) to preferentially dissolve and transfer one or more components into
the solvent.
Startup means the setting in operation of a hazardous waste management unit or control device for any purpose.
Steam stripping operation means a distillation operation in which vaporization of the volatile constituents of a liquid
mixture takes place by the introduction of steam directly into the charge.
Surge control tank means a large-sized pipe or storage reservoir sufficient to contain the surging liquid discharge of
the process tank to which it is connected.
Thin-film evaporation operation means a distillation operation that employs a heating surface consisting of a large
diameter tube that may be either straight or tapered, horizontal or vertical. Liquid is spread on the tube wall by a
rotating assembly of blades that maintain a close clearance from the wall or actually ride on the film of liquid on the
wall.
Vapor incinerator means any enclosed combustion device that is used for destroying organic compounds and does
not extract energy in the form of steam or process heat.
Vented means discharged through an opening, typically an open-ended pipe or stack, allowing the passage of a
stream of liquids, gases, or fumes into the atmosphere. The passage of liquids, gases, or fumes is caused by
mechanical means such as compressors or vacuum-producing systems or by process-related means such as
evaporation produced by heating and not caused by tank loading and unloading (working losses) or by natural means
such as diurnal temperature changes.
[55 FR 25494, June 21, 1990, as amended at 62 FR 64657, Dec. 8, 1997; 64 FR 3389, Jan. 21,1999]
§ 264.1032 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 of 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.
(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 §264.1033.
(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
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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 §264.1034(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 procedures in §264.1034(c) shall be used to resolve the disagreement.
§ 264.1033 Standards: Closed-vent systems and control devices.
(a)(1) 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 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.
(ii) Any unit that begins operation after December 21,1990, and is 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.
(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 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 §264.1032(a)(1) 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 °C. If a boiler or process heater is used as the control device, then the vent stream shall be
introduced into the flame zone of the boiler or process heater.
(d)(1) A flare shall be designed for and operated with no visible emissions as determined by the methods specified in
paragraph (e)(1) 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
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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, 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)(1 ) 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:
HT=K
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 .74xio~7(1/ppm) (g mol/scm) (MJ/kcal) where standard temperature for (g mol/scm) is 20
Cj=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
Hj=Net heat of combustion of sample component i, kcal/9 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:
Log10(Vmax)=(HT+28.8)/31.7
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where:
28.8=Constant,
31.7=Constant,
HT=The net heating value as determined in paragraph (e)(2) of this section.
(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:
(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 the point at which the vent streams are combined.
(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 ±0.5 °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) Fora condenser, either:
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(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 ±0.5 °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 that regenerates the carbon bed directly in the control device such as a fixed-
bed carbon adsorber, 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, 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, predetermined time interval that is no longer than the carbon service life established as a
requirement of §264.1035(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 §264.1035(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 §264.1035(b)(4)(iii)(G).
(i) An alternative operational or process parameter may be monitored if it can be demonstrated that another
parameter will ensure that the control device is operated in conformance with these standards and the control
device's design specifications.
(j) 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.
(k) 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 §264.1034(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
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accessible location to verify that negative pressure is being maintained in the closed-vent system when the control
device is operating.
(I) 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 (k)(1) 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 §264.1034(b) of this subpartto 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 (l)(1 )(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 §264.1034(b) of this subpartto 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) orthe connection is unsealed (e.g., a flange is unbolted).
(B) Closed-vent system components or connections other than those specified in paragraph (l)(1)(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 (o) of this section, using the procedures specified in §264.1034(b) of this subpartto 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 (l)(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 §264.1035 of this subpart.
(2) Each closed-vent system that is used to comply with paragraph (k)(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 (l)(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 §264.1035 of this subpart.
(3) The owner or operator shall repair all detected defects as follows:
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(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 (l)(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.
(iv) The owner or operator shall maintain a record of the defect repair in accordance with the requirements specified
in §264.1035 of this subpart.
(m) 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.
(n) 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 subpart X of this part; 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 265; 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 subpart O of this
part; or
(ii) Has designed and operates the incinerator in accordance with the interim status requirements of 40 CFR part 265,
subpart O.
(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.
(o) Any components of a closed-vent system that are designated, as described in §264.1035(c)(9) of this subpart, as
unsafe to monitor are exempt from the requirements of paragraph (l)(1 )(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 (l)(1)(ii)(B) of this section; and
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(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 (l)(1 )(ii)(B) of this section as frequently as
practicable during safe-to-monitor times.
[55 FR 25494, June 21, 1990, as amended at 56 FR 19290, Apr. 26, 1991; 59 FR 62927, Dec. 6, 1994; 61 FR4911,
Feb. 9, 1996; 61 FR 59950, Nov. 25, 1996; 62 FR 64657, Dec. 8, 1997; 71 FR 40274, July 14, 2006]
§ 264.1034 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.
(b) When a closed-vent system is tested for compliance with no detectable emissions, as required in §264.1033(1) 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 §264.1032(a) and with the total organic compound concentration
limit of §264.1033(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 25A 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 25A 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.
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(iv) Total organic mass flow rates shall be determined by the following equation:
(A) For sources utilizing Method 18.
{B \
gC^Uo.0416]^]
Where:
Eh= Total organic mass flow rate, kg/h;
Q2Sd= 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;
Cj= 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
(B) For sources utilizing Method 25A.
Eh= (Q)(C)(MW)(0.0416)(10~6 )
Where:
Eh= Total organic mass flow rate, kg/h;
Q = Volumetric flow rate of gases entering or exiting control device, as determined by Method 2, dscm/h;
C = Organic concentration in ppm, dry basis, as determined by Method 25A;
MW = Molecular weight of propane, 44;
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;
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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 (Ehas determined in paragraph (c)(1)(iv) of this section) and by summing the
annual total organic mass emission rates (EA, as determined in paragraph (c)(1)(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)(1) 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 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 40 CFR 260.11) 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.
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(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 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 by using direct
measurement as specified at paragraph (d)(1) of this section.
[55 FR 25494, June 21, 1990, as amended at 61 FR 59951, Nov. 25, 1996; 62 FR 32462, June 13, 1997; 70 FR
34581, June 14, 2005; 71 FR 40274, July 14, 2006]
§ 264.1035 Recordkeeping requirements.
(a)(1) 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 §264.1033(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 §264.1032, 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).
(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
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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.
(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 §264.1033 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 §264.1033(k).
(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 §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.
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(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 §264.1033(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 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 §264.1032(a) is achieved at an
efficiency less than 95 weight percent or the total organic emission limits of §264.1032(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 §264.1033 (f)(1) and (f)(2).
(3) Monitoring, operating, and inspection information required by paragraphs (f) through (k) of §264.1033.
(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 second at a minimum
temperature of 760 °C, period when the combustion temperature is below 760 °C.
(ii) For a thermal vapor incinerator designed to operate with an organic emission reduction efficiency of 95 weight
percent or greater, period when the combustion zone temperature is more than 28 °C below the design average
combustion zone temperature established as a requirement of paragraph (b)(4)(iii)(A) of this section.
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(iii) For a catalytic vapor incinerator, period when:
(A) Temperature of the vent stream at the catalyst bed inlet is more than 28 °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 °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) Fora condenser that complies with §264.1033(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 §264.1033(f)(2)(vi)(B), period when:
(A) Temperature of the exhaust vent stream from the condenser is more than 6 °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 °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 §264.1033(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 §264.1033(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 (4) of the cause for control device operating parameter
exceeding the design value and the measures implemented to correct the control device operation.
(6) Fora carbon adsorption system operated subject to requirements specified in §264.1033(g) or§264.1033(h)(2),
date when existing carbon in the control device is replaced with fresh carbon.
(7) Fora carbon adsorption system operated subject to requirements specified in §264.1033(h)(1), a log that records:
(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.
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(9) An owner or operator designating any components of a closed-vent system as unsafe to monitor pursuant to
§264.1033(o) 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
§264.1033(0) 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 §264.1033(1) 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, the Regional Administrator will specify the appropriate
recordkeeping requirements.
(f) Up-to-date information and data used to determine whether or not a process vent is subject to the requirements in
§264.1032 including supporting documentation as required by §264.1034(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 25494, June 21, 1990, as amended at 56 FR 19290, Apr. 26, 1991; 61 FR 59952, Nov. 25, 1996; 71 FR
40274, July 14, 2006]
§264.1036 Reporting requirements.
(a) A semiannual report shall be submitted by owners and operators subject to the requirements of this subpart to
the Regional Administrator by dates specified by the Regional Administrator. The report shall include the following
information:
(1) The Environmental Protection Agency identification number, name, and address of the facility.
(2) For each month during the semiannual reporting period, dates when the control device exceeded or operated
outside of the design specifications as defined in §264.1035(c)(4) and as indicated by the control device monitoring
required by §264.1033(f) and such exceedances were not corrected within 24 hours, or that a flare operated with
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visible emissions as defined in §264.1033(d) and as determined by Method 22 monitoring, the duration and cause of
each exceedance or visible emissions, and any corrective measures taken.
(b) If, during the semiannual reporting period, the control device does not exceed or operate outside of the design
specifications as defined in §264.1035(c)(4) for more than 24 hours or a flare does not operate with visible emissions
as defined in §264.1033(d), a report to the Regional Administrator is not required.
§§264.1037-264.1049 [Reserved]
Subpart BB—Air Emission Standards for Equipment Leaks
Source: 55 FR 25501, June 21, 1990, unless otherwise noted.
§264.1050 Applicability.
(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 §264.1).
(b) Except as provided in §264.1064(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) For the owner or operator of a facility subject to this subpart and who received a final permit under RCRA section
3005 prior to December 6, 1996, the requirements of this subpart 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). Until such date when the owner or operator receives a final permit incorporating
the requirements of this subpart, the owner or operator is subject to the requirements of 40 CFR part 265, subpart
BB.
(d) 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.
(e) Equipment that is in vacuum service is excluded from the requirements of §264.1052 to §264.1060 if it is identified
as required in §264.1064(g)(5).
(f) 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 §§264.1052 through 264.1060
of this subpart if it is identified, as required in §264.1064(g)(6) of this subpart.
(g) 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.
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(h) 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 INI, are not subject to the requirements of this subpart.
[Note: The requirements of §§264.1052 through 264.1065 apply to equipment associated with hazardous
waste recycling units previously exempt under §261.6(c)(1). Other exemptions under §§261.4, and
264.1(g) are not affected by these requirements.]
[55 FR 25501, June 21, 1990, as amended at 61 FR 59952, Nov. 25, 1996; 62 FR 52641, Oct. 8, 1997; 62 FR 64657,
Dec. 8, 1997; 69 FR 22661, Apr. 26, 2004; 71 FR 40274, July 14, 2006]
§264.1051 Definitions.
As used in this subpart, all terms shall have the meaning given them in §264.1031, the Act, and parts 260-266.
§ 264.1052 Standards: Pumps in light liquid service.
(a)(1) Each pump in light liquid service shall be monitored monthly to detect leaks by the methods specified in
§264.1063(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)(1) 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)(1) 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 §264.1059.
(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) of this section, 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 §264.1060, 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.
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(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 §264.1059.
(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 §264.1064(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 §264.1063(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 §264.1060, it is exempt from the requirements
of paragraphs (a) through (e) of this section.
[55 FR 25501, June 21, 1990, as amended at 56 FR 19290, Apr. 26, 1991]
§ 264.1053 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 §264.1060, 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.
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(e)(1) 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.
(g)(1) 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 §264.1059.
(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 §264.1060, except as provided in paragraph (i) of this section.
(i) Any compressor that is designated, as described in §264.1064(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)
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 §264.1063(c).
(2) Is tested for compliance with paragraph (i)(1) of this section initially upon designation, annually, and at other times
as requested by the Regional Administrator.
§ 264.1054 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 §264.1063(c).
(b)(1) 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 §264.1059.
(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 §264.1063(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 §264.1060 is exempt from the
requirements of paragraphs (a) and (b) of this section.
§ 264.1055 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 meet one
of the following requirements:
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(1) Return the purged process fluid directly to the process line;
(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 §264.1084 through §264.1086 of this subpart or a control device that
complies with the requirements of §264.1060 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.
[61 FR 59952, Nov. 25, 1996]
§ 264.1056 Standards: Open-ended valves or lines.
(a)(1) 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.
§ 264.1057 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 §264.1063(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 §§264.1061 and 264.1062.
(b) If an instrument reading of 10,000 ppm or greater is measured, a leak is detected.
(c)(1) 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 two successive months,
(d)(1) 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 §264.1059.
(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 §264.1064(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
§264.1063(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 §264.1064(h)(1), 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 §264.1064(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.
§ 264.1058 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 §264.1063(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)(1) 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 §264.1059.
(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 §264.1057(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
§264.1064 of this subpart.
[55 FR 25501, June 21, 1990, as amended at 61 FR 59952, Nov. 25, 1996; 71 FR 40274, July 14, 2006]
§ 264.1059 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 §264.1060.
(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.
§ 264.1060 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 §264.1033 of this part.
(b)(1) 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 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 unit that begins operation after December 21, 1990, and is 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, the facility owner or
operator shall prepare an implementation schedule that includes the following information: Specific calendar dates for
award or 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
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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 64657, Dec. 8, 1997]
§ 264.1061 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 §264.1057 may elect to have all valves within a hazardous
waste management unit comply with an alternative standard that 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 §264.1057(d) and (e).
(c) Performance tests shall be conducted in the following manner:
(1) All valves subject to the requirements in §264.1057 within the hazardous waste management unit shall be
monitored within 1 week by the methods specified in §264.1063(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
§264.1057 for which leaks are detected by the total number of valves subject to the requirements in §264.1057 within
the hazardous waste management unit.
[55 FR 25501, June 21, 1990, as amended at 71 FR 16907, Apr. 4, 2006]
§ 264.1062 Alternative standards for valves in gas/vapor service or in light liquid service: skip
period leak detection and repair.
(a) An owner or operator subject to the requirements of §264.1057 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)(1) An owner or operator shall comply with the requirements for valves, as described in §264.1057, 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 §264.1057 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 §264.1057 of this subpart.
(4) If the percentage of valves leaking is greater than 2 percent, the owner or operator shall monitor monthly in
compliance with the requirements in §264.1057, but may again elect to use this section after meeting the
requirements of §264.1057(c)(1).
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[55 FR 25501, June 21, 1990, as amended at 62 FR 64658, Dec. 8, 1997; 71 FR 16907, Apr. 4, 2006]
§ 264.1063 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 §§264.1052-264.1062, 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 §§264.1052(e),
264.1053(1), 264.1054, and 264.1057(f), 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 interfaces 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.
(d) In accordance with the waste analysis plan required by §264.13(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 §260.11);
(2) Method 9060A (incorporated by reference under 40 CFR 260.11) of "Test Methods for Evaluating Solid Waste,"
EPA Publication SW-846, for computing total organic concentration of the sample, 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
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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)(1) 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)(1) 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
§260.11).
(i) Performance tests to determine if a control device achieves 95 weight percent organic emission reduction shall
comply with the procedures of §264.1034(c)(1)through (c)(4).
[55 FR 25501, June 21, 1990, as amended at 62 FR 32462, June 13, 1997; 70 FR 34581, June 14, 2005]
§ 264.1064 Recordkeeping requirements.
(a)(1) 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 each piece of equipment to which subpart BB of part 264 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 §264.1033(a)(2), an implementation schedule as specified in
§264.1033(a)(2).
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(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
§264.1035(b)(3).
(4) Documentation of compliance with §264.1060, including the detailed design documentation or performance test
results specified in §264.1035(b)(4).
(c) When each leak is detected as specified in §§264.1052, 264.1053, 264.1057, and 264.1058, 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 §264.1058(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
§264.1057(c) and no leak has been detected during those 2 months.
(d) When each leak is detected as specified in §§264.1052, 264.1053, 264.1057, and 264.1058, 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 §264.1058(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 §264.1063(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 §264.1059(c).
(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 §264.1060 shall be recorded and kept up-to-date in the facility
operating record as specified in §264.1035(c). Design documentation is specified in §264.1035 (c)(1) and (c)(2) and
monitoring, operating, and inspection information in §264.1035 (c)(3)-(c)(8).
(f) For a control device other than a thermal vapor incinerator, catalytic vapor incinerator, flare, boiler, process heater,
condenser, or carbon adsorption system, the Regional Administrator will specify the appropriate recordkeeping
requirements.
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(g) The following information pertaining to all equipment subject to the requirements in §§264.1052 through 264.1060
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
§§264.1052(e), 264.1053(1), and 264.1057(f).
(ii)The designation of this equipment as subject to the requirements of §§264.1052(e), 264.1053(1), or264.1057(f)
shall be signed by the owner or operator.
(3) A list of equipment identification numbers for pressure relief devices required to comply with §264.1054(a).
(4)(i) The dates of each compliance test required in §§264.1052(e), 264.1053(1), 264.1054, and 264.1057(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 §264.1057 (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.
(i) The following information shall be recorded in the facility operating record for valves complying with §264.1062:
(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 §264.1052(d)(5)(ii) and §264.1053(e)(2) and an explanation of the design 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 §§264.1052 through 264.1060 and an analysis determining whether these hazardous
wastes are heavy liquids.
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(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 §§264.1052 through 264.1060. The record shall include supporting documentation as
required by §264.1063(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 §§264.1052 through 264.1060, then a
new determination is required.
(I) 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 a facility with equipment that is subject to this subpart and to regulations at 40 CFR part
60, part 61, or part 63 may elect to determine compliance with this subpart either by documentation pursuant to
§264.1064 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 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 25501, June 21, 1990, as amended at 61 FR 59952, Nov. 25, 1996; 62 FR 64658, Dec. 8, 1997; 71 FR
40274, July 14, 2006]
§264.1065 Reporting requirements.
(a) A semiannual report shall be submitted by owners and operators subject to the requirements of this subpart to
the Regional Administrator by dates specified by the Regional Administrator. The report shall include the following
information:
(1) The Environmental Protection Agency identification number, name, and address of the facility.
(2) For each month during the semiannual reporting period:
(i) The equipment identification number of each valve for which a leak was not repaired as required in §264.1057(d).
(ii)The equipment identification number of each pump for which a leak was not repaired as required in §264.1052 (c)
and (d)(6).
(iii) The equipment identification number of each compressor for which a leak was not repaired as required in
§264.1053(g).
(3) Dates of hazardous waste management unit shutdowns that occurred within the semiannual reporting period.
(4) For each month during the semiannual reporting period, dates when the control device installed as required by
§264.1052, 264.1053, 264.1054, or 264.1055 exceeded or operated outside of the design specifications as defined in
§264.1064(e) and as indicated by the control device monitoring required by §264.1060 and was not corrected within
24 hours, the duration and cause of each exceedance, and any corrective measures taken.
(b) If, during the semiannual reporting period, leaks from valves, pumps, and compressors are repaired as required in
§§264.1057 (d), 264.1052 (c) and (d)(6), and 264.1053 (g), respectively, and the control device does not exceed or
operate outside of the design specifications as defined in §264.1064(e) for more than 24 hours, a report to the
Regional Administrator is not required.
§§264.1066-264.1079 [Reserved]
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Subpart CC—Air Emission Standards for Tanks, Surface Impoundments,
and Containers
Source: 59 FR 62927, Dec. 6, 1994, unless otherwise noted.
§264.1080 Applicability.
(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 §264.1 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 m3.
(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 §264.1084(1), except as provided in §264.1082(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 received a final permit under RCRA section
3005 prior to December 6, 1996, the requirements of this subpart shall be incorporated into the permit when the
permit is reissued in accordance with the requirements of 40 CFR 124.15 of this chapter or reviewed in accordance
with the requirements of 40 CFR 270.50(d) of this chapter. Until such 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 are subject to the requirements of 40 CFR part 265, subpart CC.
(d)The requirements of this subpart, except for the recordkeeping requirements specified in §264.1089(1) 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:
(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
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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 §264.1089(i) of this
subpart, explaining why an undue safety hazard would be created if air emission controls specified in §§264.1084
through 264.1087 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)(1) 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)(1) 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)(1) 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)(1) of this section, any hazardous waste surface impoundment operated at the
Stonewall Plant is subject to:
(i) The standards in §264.1085 and all requirements related to hazardous waste surface impoundments that are
referenced in or by §264.1085, including the closed-vent system and control device requirements of §264.1087 and
the recordkeeping requirements of §264.1089(c); and
(ii) The reporting requirements of §264.1090 that are applicable to surface impoundments and/or to closed-vent
systems and control devices associated with a surface impoundment.
(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").
(1)(i) Provided that the Sistersville Plant is in compliance with the requirements of paragraph (f)(2) of this section, the
requirements referenced in paragraphs (f)(1)(iii) and (f)(1)(iv) 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)(1)(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 paragraphs (f)(1 )(iii) and (f)(1 )(iv) 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 (f)(1)(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 paragraphs (f)(1)(iii) and (f)(1)(iv) 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
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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 §264.1085 of this part, and all requirements referenced in or by §264.1085 that otherwise would
apply to the two hazardous waste surface impoundments, including the closed-vent system and control device
requirements of §264.1087 of this part.
(iv) The reporting requirements of §264.1090 that are applicable to surface impoundments and/or to closed-vent
systems and control devices associated with a surface impoundment.
(2) Notwithstanding the effective period and revocation provisions in paragraph (f)(3) of this section, the temporary
deferral provided in paragraph (f)(1)(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.
( 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.
(/) 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.
(//) 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.
(///) 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)( 1 ) through (f)(2)(ii)(B)( 3 ) of
this section for performance testing and monitoring of the capper unit process vent thermal incinerator.
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( 1 ) Within sixty (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 )(/) through (f)(2)(ii)(B)( 3 )(///) of this section.
(/) 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.
(//) 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.
(///) 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 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)( 1 ) 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)( 1 ) 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)( 1 ) 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.
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( 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 )(/) through (f)(2)(ii)(D)( 2 )(///) of this section.
(/) Ensure that the thermal incinerator is operated in a manner consistent with good air pollution control practices.
(//) Ensure that the Sistersville Plant is prepared to correct malfunctions as soon as practicable after their occurrence
in order to minimize excess emissions.
(///) 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.
( 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)( 1 ) 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)( 1 ) 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 )(/) and (f)(2)(iii)(C)( 3 )(//) of this section.
(/) 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.
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(//) 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.
(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)( 1 ) through
(f)(2)(B)( 3 ) of this section, with respect to the methanol recovery operation.
( •/ ) The Sistersville Plant shall perform measurements necessary to determine the information described in
paragraphs (f)(2)(iv)(B)( 1 )(i) and (f)(2)(iv)(B)( 1 )(//) of this section to demonstrate the percentage recovery by
weight of the methanol contained in the influent gas stream to the condenser.
(/) Information as is necessary to calculate the annual amount of methanol generated by operating the capper unit.
(//) 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)( 1 ) through (f)(2)(vi)(A)( 6 ) of this section.
( •/ ) 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 )(/) through (f)(2)(vi)(A)( 2 )( v) of this section.
(/) Review Sistersville Plant operations and waste streams.
(//) Review prior WMPP efforts at the Sistersville Plant.
(///) 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 )(///) 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 )(/) 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).
(//) 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 )(/) through (f)(2)(vi)(A)( 4 )(///) of this section.
(/) 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.
(//) Review and comment upon the Study Team progress reports and the draft WMPP Study Report.
(///) 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.
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( 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)( 1 ) 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 )(/) through (f)(2)(vi)( 2 )(///) of this section.
(/) The overall volume of wastes reduced.
(//) The quantities of each constituent identified in paragraph (f)(8) of this section reduced in the wastes.
(///) 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.
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(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 CFR 63.7(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 63.7(g)(1), 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)( 1 ) 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)( 1 ) of this section which were not corrected within 24 hours of onset.
( 2 ) Any periods during which the paper unit was being operated to manufacture product while the flow indicator 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 undersubpartXXof 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.
( 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 the progress 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)( 1 ) through
(f)(2)(viii)(C)( 8) of this section.
( 1 ) The categories of information required to be submitted under paragraphs (f)(2)(viii)(B)( 1 ) 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.
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( 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) AWMPP Implementation Report that contains the information contained in paragraphs (f)(2)(viii)(C)( 5 )(/)
through (viii)(C)( 5)( vi) of this section.
(/) A summary of the WMPP opportunities selected for implementation.
(//) A description of the WMPP opportunities initiated and/or completed.
(///) 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.
( 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)(1) of this section is revoked, or 180 days after the MON Compliance Date,
whichever occurs first.
(E)( 1 ) 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 40 CFR 270.11(a)(1).
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(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)(1) 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
2129.
( 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.
(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)(1 )(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 paragraph (f) or (g) of this section shall affect any regulatory requirements not referenced in paragraph
(f)(1)(iii) or(f)(1)(iv) 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)( 1 ) 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)( 1 ) 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)( 1 ) 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:
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(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 (CToc) shall be calculated as the sum of the concentrations
of the individual components, and shall be computed for each run using the following equation:
Where:
Toc=Concentration of TOC (minus methane and ethane), dry basis, parts per million by volume.
ji=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.
( •/ ) 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:
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)( 1 ) 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.
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(B) The mass rate of TOC minus methane and ethane (Ei, 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:
Where:
Cy, Coj=Concentration of sample component j of the gas stream at the inlet and outlet of the control
device, respectively, dry basis, parts per million by volume.
EJ, 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, Moj=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, 2.494x1 0~6(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 CFR part 60, appendix A shall be for the average composition of the process fluid
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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. 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.
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(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 underthe 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 ofWitco 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; 1,2 Dichlorobenzene; 1,2 Dichloroethane; 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 Disulfide; Carbon Tetrachloride; Chlorobenzene; Chloroform; Chloromethane; Chromium;
Chrysene; Copper; Creosol; Creosol, m-; Creosol, o; Creosol, p; Cyanide; 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;
Nitroglycerine; 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").
(1)(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)(1)(ii) of this section, either come
into compliance with all requirements of this subpart which had been deferred by paragraph (f)(1)(i) of this section, or
complete a facility or process modification such that the requirements of §264.1085 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
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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)(1)(i) of this section, or complete a facility or process modification such that
the requirements of §264.1085 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)(1)(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 receives
written notification of revocation, or the MON Compliance Date, whichever is sooner) such that the requirements of
§264.1085 are no longer applicable to the two hazardous waste surface impoundments.
(iii) The implementation schedule shall include the information described in either paragraph (g)(1 )(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)(1)(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)(1)(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 §264.1085 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 paragraphs (f)(1 )(iii) and (f)(1 )(iv) 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 paragraphs (f)(1)(iii) and (f)(1)(iv) 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.
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(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 62927, Dec. 6, 1994, as amended at 60 FR 26828, May 19, 1995; 60 FR 50428, Sept. 29, 1995; 60 FR
56953, Nov. 13, 1995; 61 FR 28509, June 5, 1996; 61 FR 59952, Nov. 25, 1996; 62 FR 52642, Oct. 8, 1997; 62 FR
64658, Dec. 8, 1997; 63 FR 11131, Mar. 6, 1998; 63 FR 19838, Apr. 22, 1998; 63 FR 49392, Sept. 15, 1998; 63 FR
53847, Oct. 7, 1998; 64 FR 3389, Jan. 21, 1999; 71 FR 40274, July 14, 2006]
§264.1081 Definitions.
As used in this subpart, all terms shall have the meaning given to them in 40 CFR 265.1081, the Act, and parts 260
through 266 of this chapter.
§ 264.1082 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 §§264.1084 through 264.1087 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 §264.1084 through §264.1087 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 §264.1083(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 §264.1083(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 §264.1083(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 §264.1083(b) of this subpart.
(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 (Rbi0) for the process is equal to or greater than 95 percent. The organic reduction efficiency
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and the organic biodegradation efficiency for the process shall be determined using the procedures specified in
§264.1083(b) of this subpart.
(B) The total actual organic mass biodegradation rate (MRbio) 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
§264.1083(b) 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 §264.1084 through §264.1087 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 §264.1083(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 §264.1083(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 §264.1083(b) and §264.1083(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 subpart O of this part; or
(B) Has designed and operates the incinerator in accordance with the interim status requirements of 40 CFR part
265, subpart O.
(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:
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(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 1.8><10~6atmospheres/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 to 40 CFR 268.42(b).
(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 40 CFR
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 "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 §264.1083(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 §264.1083(b) of this subpart.
(2) In performing a waste determination pursuant to paragraph (d)(1) 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.
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(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)(1)
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 §264.1083(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 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 §264.1083(a) and §264.1089 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 59953, Nov. 25, 1996, as amended at 62 FR 64658, Dec. 8, 1997]
§ 264.1083 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 underthe provisions of §264.1082(c)(1) of this
subpart from using air emission controls in accordance with standards specified in §264.1084 through §264.1087 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 underthe
provisions of §264.1082(c)(1) 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 applicable VO concentration limits specified in §264.1082 of this subpart.
(2) For a waste determination that is required by paragraph (a)(1) of this section, the average VO concentration of a
hazardous waste at the point of waste origination shall be determined in accordance with the procedures specified in
40 CFR 265.1084(a)(2) through (a)(4).
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(b) Waste determination procedures for treated hazardous waste.
(1) An owner or operator shall perform the applicable waste determinations for each treated hazardous waste placed
in waste management units exempted under the provisions of §264.1082(c)(2)(i) through (c)(2)(vi) of this subpart
from using air emission controls in accordance with standards specified in §§264.1084 through 264.1087 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 the exempt waste management unit, 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 the hazardous waste to increase to a level such that the
applicable treatment conditions specified in §264.1082 (c)(2) of this subpart are not achieved.
(2) The waste determination for a treated hazardous waste shall be performed in accordance with the procedures
specified in 40 CFR 265.1084 (b)(2) through (b)(9), as applicable to the treated hazardous waste.
(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 standards specified in §264.1084(c) of this subpart.
(2) The maximum organic vapor pressure of the hazardous waste may be determined in accordance with the
procedures specified in 40 CFR 265.1084 (c)(2) through (c)(4).
(d) The procedure for determining no detectable organic emissions for the purpose of complying with this subpart
shall be conducted in accordance with the procedures specified in 40 CFR 265.1084(d).
[61 FR 59954, Nov. 25, 1996, as amended at 62 FR 64658, Dec. 8, 1997; 64 FR 3389, Jan. 21,1999]
§ 264.1084 Standards: Tanks.
(a) The provisions of this section apply to the control of air pollutant emissions from tanks for which §264.1082(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)(1)(i) through
(b)(1)(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.
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(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)(1)(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 40 CFR 265.1081.
(2) For a tank that manages hazardous waste that does not meet all of the conditions specified in paragraphs (b)(1 )(i)
through (b)(1)(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 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)(1)(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)(1) 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 §264.1083(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)(1)(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) ( 1 ) and ( 2 ) of this section.
( 1 ) During periods when 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
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 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
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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 40 CFR 265.1081, 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 (I) 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.
(iv) The owner or operator shall maintain a record of the inspection in accordance with the requirements specified in
§264.1089(b)ofthissubpart.
(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;
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(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)(1) 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 40 CFR
265.1081; 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:
(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.
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(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 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
§264.1089(b)ofthissubpart.
(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 (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)(1) through (f)(3) of this section.
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(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 40 CFR 265.1081. 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.
(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.
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(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:
( •/ ) 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 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)(1)(ii) of this section.
(E) In the event that the seal gap measurements do not conform to the specifications in paragraph (f)(1)(ii) of this
section, the owner or operator shall repair the defect in accordance with the requirements of paragraph (k) of this
section.
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(F) The owner or operator shall maintain a record of the inspection in accordance with the requirements specified in
§264.1089(b) 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 (I) 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
§264.1089(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 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)(1) 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
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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 §264.1087 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 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 40 CFR 265.1081, is allowed at anytime 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 §264.1087 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 (I) 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
§264.1089(b) of this subpart.
(h) The owner or operator who controls air pollutant emissions by using a pressure tank shall meet the following
requirements.
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(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 §264.1083(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 or 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 §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 §264.1087 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)(1) 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 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
T—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 §264.1087 of this subpart.
(3) Safety devices, as defined in 40 CFR 265.1081, 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)(1) 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
§264.1087 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 §264.1085 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)(1) 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 §264.1082(c)(1) of this subpart
at the point of waste origination.
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(ii) The hazardous waste has been treated by an organic destruction or removal process to meet the requirements in
§264.1082(c)(2) of this subpart.
(iii) The hazardous waste meets the requirements of §264.1082(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 paragraph (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.
(I) 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 59955, Nov. 25, 1996, as amended at 62 FR 64659, Dec. 8, 1997; 64 FR 3389, Jan. 21,1999]
§ 264.1085 Standards: Surface impoundments.
(a) The provisions of this section apply to the control of air pollutant emissions from surface impoundments for which
§264.1082(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 provisions
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)(1) through (c)(3) of this section.
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(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)(1)(ii)(A) of this section and chemical and physical properties
that maintain the material integrity for the intended service life of the material.
(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)(1)(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 40 CFR 265.1081, is allowed at anytime 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.
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(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 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
§264.1089(c)ofthissubpart.
(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)(1) 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 §264.1083(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 §264.1087 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.
(B) To remove accumulated sludge or other residues from the bottom of the surface impoundment.
(ii) Opening of a safety device, as defined in 40 CFR 265.1081, is allowed at anytime conditions require doing so to
avoid an unsafe condition.
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(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 §264.1087 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
§264.1089(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 §264.1084 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)(1) 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 §264.1082(c)(1) 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
§264.1082(c)(2) of this subpart.
(iii) The hazardous waste meets the requirements of §264.1082(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.
(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 surface impoundment stops operation. Repair of the defect shall be completed before the process or
unit resumes operation.
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(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 59960, Nov. 25, 1996, as amended at 62 FR 64659, Dec. 8, 1997]
§ 264.1086 Standards: Containers.
(a) The provisions of this section apply to the control of air pollutant emissions from containers for which
§264.1082(b) of this subpart references the use of this section for such air emission control.
(b) General requirements. (1) 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) Fora 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 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.
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(2) A container used to meet the requirements of paragraph (c)(1 )(ii) or (c)(1 )(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 the
container 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.
(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 261.7(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 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.
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(v) Opening of a safety device, as defined in 40 CFR 265.1081, is allowed at anytime 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 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 264.71. 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 m 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 40 CFR 265.1081 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 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.
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(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 261.7(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 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 40 CFR 265.1081, is allowed at anytime 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:
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(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 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 264.71. 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.
(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 §264.1087 of this subpart.
(3) Safety devices, as defined in 40 CFR 265.1081, 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)(1) 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 §264.1087 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 §264.1089(d) of this subpart.
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(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)(1 )(i) or (d)(1 )(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, Emergency Response Information, and Training Requirements; 49 CFR part 173—
Shippers—General Requirements for Shipments and Packages; and 49 CFR part 180—Continuing Qualification and
Maintenance of Packagings.
(3) For the purpose of complying with this subpart, no exceptions to the 49 CFR part 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 requirement of paragraph (d)(1)(ii) of this
section, the procedure specified in §264.1083(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)(1 )(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 ±2.5 mm water and that is capable of
measuring above the pressure at which the container is to be tested for vapor tightness.
(3) If the test results determined by Method 27 indicate that the container sustains a pressure change less than or
equal to 750 Pascals within 5 minutes after it is pressurized to a minimum of 4,500 Pascals, then the container is
determined to be vapor-tight.
[61 FR 59962, Nov. 25, 1996, as amended at 62 FR 64659, Dec. 8, 1997; 64 FR 3389, Jan. 21,1999]
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§ 264.1087 Standards: Closed-vent systems and control devices.
(a) This section applies to each closed-vent system and control device installed and operated by the owner or
operator to control air emissions in accordance with standards of this subpart.
(b) The closed-vent system shall meet the following requirements:
(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
§264.1033(k) 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 §264.1033(1).
(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 §264.1033(c) of
this part; or
(iii) A flare designed and operated in accordance with the requirements of §264.1033(d) of this part.
(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)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this section, as applicable, shall not exceed 240 hours
per year.
(ii) The specifications and requirements in paragraphs (c)(1)(i), (c)(1)(ii), and (c)(1)(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)(1)(i), (c)(1)(ii), and (c)(1)(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)(1 )(i), (c)(1 )(ii), or (c)(1 )(iii) of this section, as applicable, shall not exceed 240 hours
per year) by recording the information specified in §264.1089(e)(1)(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, 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, and/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)(1) 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 §264.1033(g) or §264.1033(h) of this part.
(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 264.1033(n), 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)(1) of this section shall operate and maintain
the control device in accordance with the requirements of §264.1033(j) of this part.
(5) The owner or operator shall demonstrate that a control device achieves the performance requirements of
paragraph (c)(1) 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.
(ii) An owner or operator shall demonstrate the performance of each flare in accordance with the requirements
specified in §264.1033(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 §264.1034(c)(1) through (c)(4).
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(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 §264.1035(b)(4)(iii).
(v) The owner or operator shall demonstrate that a carbon adsorption system achieves the performance requirements
of paragraph (c)(1) 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 264.1033(f)(2) and 40 CFR 264.1033(1). The readings from each
monitoring device required by 40 CFR 264.1033(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 62927, Dec. 6, 1994, as amended at 61 FR 4913, Feb. 9, 1996; 61 FR 59965, Nov. 25, 1996; 62 FR 64660,
Dec. 8, 1997]
§ 264.1088 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 §264.1084 through §264.1087 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 264.15.
[61 FR 59966, Nov. 25, 1996]
§ 264.1089 Recordkeeping requirements.
(a) Each owner or operator of a facility subject to requirements of 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
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 §§264.1084 through 264.1087 of this subpart in accordance with the conditions specified in §264.1080(d)
or§264.1080(b)(7) of this subpart, respectively.
(b)The owner or operator of a tank using air emission controls in accordance with the requirements of §264.1084 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 §264.1084 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 §264.1084 of this subpart that includes the following information:
(A) Date inspection was conducted.
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(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 requirements of §264.1084 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)(1) 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
§264.1084(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 §264.1084(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 §264.1084(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 §264.1084(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 §264.1084(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 §264.1084(f)(1) 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.
(iv) Each owner or operator using an enclosure to comply with the Tank Level 2 control requirements specified in
§264.1084(1) 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 T—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 §264.1085 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 §264.1085(c) of this subpart.
(3) A record for each inspection required by §264.1085 of this subpart that includes the following information:
(i) Date inspection was conducted.
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(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 §264.1085(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 §264.1086 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
§264.1087 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 specified in paragraph (e)(1)(ii) of this section or by
performance tests as specified in paragraph (e)(1)(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 264.1035(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 264.1035(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 264.1035(b)(3) and all test
results.
(iv) Information as required by 40 CFR 264.1035(c)(1) and 40 CFR 264.1035(c)(2), as applicable.
(v) An owner or operator shall record, on a semiannual basis, the information specified in paragraphs (e)(1)(v)(A) and
(e)(1)(v)(B) of this section for those planned routine maintenance operations that would require the control device not
to meet the requirements of §264.1087(c)(1)(i), (c)(1)(ii), or (c)(1)(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 §264.1087 (c)(1)(i), (c)(1)(ii), or(c)(1)(iii) of
this subpart, as applicable, due to planned routine maintenance.
(vi)An owner or operator shall record the information specified in paragraphs (e)(1)(vi)(A) through (e)(1)(vi)(C) of this
section for those unexpected control device system malfunctions that would require the control device not to meet the
requirements of §264.1087 (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this subpart, as applicable.
(A) The occurrence and duration of each malfunction of the control device system.
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(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
§264.1087(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 §264.1082(c) of this subpart shall prepare and maintain the following records, as applicable:
(1) For tanks, surface impoundments, and containers exempted under the hazardous waste organic concentration
conditions specified in §264.1082(c)(1) or §§264.1082(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 record the date, time, and location that each waste sample is
collected in accordance with applicable requirements of §264.1083 of this subpart.
(2) For tanks, surface impoundments, or containers exempted under the provisions of §264.1082(c)(2)(vii) or
§264.1082(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 §264.1084(1) or
§264.1085(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 §§264.1084 through 264.1087 of this
subpart in accordance with the conditions specified in §264.1080(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§264.1080(d)(1).
(2) A description of how the hazardous waste containing the organic peroxide compounds identified in paragraph
(i)(1) of this section are managed at the facility in tanks and containers. This description shall include:
(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)(1) of this section in the tanks and containers as described in paragraph (i)(2) of this section would
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create an undue safety hazard if the air emission controls, as required under §§264.1084 through 264.1087 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 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 §§264.1084 through
264.1087 of this subpart in accordance with the requirements of §264.1080(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 59966, Nov. 25, 1996, as amended at 62 FR 64660, Dec. 8, 1997]
§264.1090 Reporting requirements.
(a) Each owner or operator managing hazardous waste in a tank, surface impoundment, or container exempted from
using air emission controls underthe provisions of §264.1082(c) ofthis subpart shall report to the Regional
Administrator each occurrence when hazardous waste is placed in the waste management unit in noncompliance
with the conditions specified in §264.1082 (c)(1) or (c)(2) ofthis subpart, as applicable. Examples of such
occurrences include placing in the waste management unit a hazardous waste having an average VO concentration
equal to or greater than 500 ppmw at the point of waste origination; or placing in the waste management unit a
treated hazardous waste of which the organic content has been reduced by an organic destruction or removal
process that fails to achieve the applicable conditions specified in §264.1082 (c)(2)(i) through (c)(2)(vi) ofthis subpart.
The owner or operator shall submit a written report within 15 calendar days of the time that the owner or operator
becomes aware of the occurrence. The written report shall contain the EPA identification number, facility name and
address, a description of the noncompliance event and the cause, the dates of the noncompliance, and the actions
taken to correct the noncompliance and prevent recurrence of the noncompliance. The report shall be signed and
dated by an authorized representative of the owner or operator.
(b) Each owner or operator using air emission controls on a tank in accordance with the requirements §264.1084(c)
of this subpart shall report to the Regional Administrator each occurrence when hazardous waste is managed in the
tank in noncompliance with the conditions specified in §264.1084(b) ofthis subpart. The owner or operator shall
submit a written report within 15 calendar days of the time that the owner or operator becomes aware of the
occurrence. The written report shall contain the EPA identification number, facility name and address, a description of
the noncompliance event and the cause, the dates of the noncompliance, and the actions taken to correct the
noncompliance and prevent recurrence of the noncompliance. The report shall be signed and dated by an authorized
representative of the owner or operator.
(c) Each owner or operator using a control device in accordance with the requirements of §264.1087 ofthis subpart
shall submit a semiannual written report to the Regional Administrator excepted as provided for in paragraph (d) of
this section. The report shall describe each occurrence during the previous 6-month period when either: (1) A control
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device is operated continuously for 24 hours or longer in noncompliance with the applicable operating values defined
in §264.1035(c)(4); or (2) A flare is operated with visible emissions for 5 minutes or longer in a two-hour period, as
defined in §264.1033(d). The written report shall include the EPA identification number, facility name and address,
and an explanation why the control device could not be returned to compliance within 24 hours, and actions taken to
correct the noncompliance. The report shall be signed and dated by an authorized representative of the owner or
operator.
(d) A report to the Regional Administrator in accordance with the requirements of paragraph (c) of this section is not
required for a 6-month period during which all control devices subject to this subpart are operated by the owner or
operator such that:
(1) During no period of 24 hours or longer did a control device operate continuously in noncompliance with the
applicable operating values defined in §264.1035(c)(4); and
(2) No flare was operated with visible emissions for 5 minutes or longer in a two-hour period, as defined in
§264.1033(d).
[59 FR 62927, Dec. 6, 1994, as amended at 61 FR4913, Feb. 9, 1996; 61 FR 59968, Nov. 25, 1996; 71 FR 40274,
July 14, 2006]
§264.1091 [Reserved]
Source: 57 FR 37265, Aug. 18, 1992, unless otherwise noted.
§264.1100 Applicability.
The requirements of this subpart apply to owners or operators who store or treat hazardous waste in units designed
and operated under §264.1101 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 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;
(b) Has a primary barrier that is designed to be sufficiently durable to withstand the movement of personnel, wastes,
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 practicable time, unless the unit has been granted a variance
from the secondary containment system requirements under §264.1101 (b)(4);
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(d) Has controls sufficient to prevent fugitive dust emissions to meet the no visible emission standard in
§264.1101(c)(1)(iv); and
(e) Is designed and operated to ensure containment and prevent the tracking of materials from the unit by personnel
or equipment.
[57 FR 37265, Aug. 18, 1992, as amended at 71 FR 16907, Apr. 4, 2006]
§ 264.1101 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 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 (ACI) 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)(1)(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 minimize 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.
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(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 1 * 10~2cm/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 * I0~5m2 /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
§264.193(e)(1). In addition, the containment building must meet the requirements of §264.193(b) and §§264.193(c)
(1) and (2) 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 November 16, 1992. 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 (see 40 CFR part 60, appendix A, Method 22—Visual Determination of Fugitive
Emissions from Material Sources and Smoke Emissions from Flares). In addition, all associated particulate collection
devices (e.g., fabric filter, electrostatic precipitator) must be operated and maintained with sound air pollution control
practices (see 40 CFR part 60 subpart 292 for guidance). This state of no visible emissions must be maintained
effectively at all times during routine operating and maintenance conditions, including when vehicles and personnel
are entering and exiting the unit.
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(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.
(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 at least once each month, upon approval by 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 §264.15(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 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.
[57 FR 37265, Aug. 18, 1992, as amended at 71 FR 16907, Apr. 4, 2006; 71 FR 40274, July 14, 2006]
§ 264.1102 Closure and post-closure care.
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(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 (§264.310). 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.
[57 FR 37265, Aug. 18, 1992, as amended at 71 FR 40274, July 14, 2006]
§§ 264.1103-264.1110 [Reserved]
Subpart EE—Hazardous Waste Munitions and Explosives Storage
Source: 62 FR 6652, Feb. 12, 1997, unless otherwise noted.
§264.1200 Applicability.
The requirements of this subpart apply to owners or operators who store munitions and explosive hazardous wastes,
except as §264.1 provides otherwise. (NOTE: Depending on explosive hazards, hazardous waste munitions and
explosives may also be managed in other types of storage units, including containment buildings (40 CFR part 264,
subpart DD), tanks (40 CFR part 264, subpart J), or containers (40 CFR part 264, subpart I); See 40 CFR 266.205 for
storage of waste military munitions).
§ 264.1201 Design and operating standards.
(a) Hazardous waste munitions and explosives storage units must be designed and operated with containment
systems, controls, and monitoring, that:
(1) Minimize the potential for detonation or other means of release of hazardous waste, hazardous constituents,
hazardous decomposition products, or contaminated run-off, to the soil, ground water, surface water, and
atmosphere;
(2) Provide a primary barrier, which may be a container (including a shell) or tank, designed to contain the hazardous
waste;
(3) For wastes stored outdoors, provide that the waste and containers will not be in standing precipitation;
(4) For liquid wastes, provide a secondary containment system that assures that any released liquids are contained
and promptly detected and removed from the waste area, or vapor detection system that assures that any released
liquids or vapors are promptly detected and an appropriate response taken (e.g., additional containment, such as
overpacking, or removal from the waste area); and
(5) Provide monitoring and inspection procedures that assure the controls and containment systems are working as
designed and that releases that may adversely impact human health or the environment are not escaping from the
unit.
(b) Hazardous waste munitions and explosives stored under this subpart may be stored in one of the following:
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(1) Earth-covered magazines. Earth-covered magazines must be:
(i) Constructed of waterproofed, reinforced concrete or structural steel arches, with steel doors that are kept closed
when not being accessed;
(ii) Designed and constructed:
(A) To be of sufficient strength and thickness to support the weight of any explosives or munitions stored and any
equipment used in the unit;
(B) To provide working space for personnel and equipment in the unit; and
(C) To withstand movement activities that occur in the unit; and
(iii) Located and designed, with walls and earthen covers that direct an explosion in the unit in a safe direction, so as
to minimize the propagation of an explosion to adjacent units and to minimize other effects of any explosion.
(2) Above-ground magazines. Above-ground magazines must be located and designed so as to minimize the
propagation of an explosion to adjacent units and to minimize other effects of any explosion.
(3) Outdoor or open storage areas. Outdoor or open storage areas must be located and designed so as to minimize
the propagation of an explosion to adjacent units and to minimize other effects of any explosion.
(c) Hazardous waste munitions and explosives must be stored in accordance with a Standard Operating Procedure
specifying procedures to ensure safety, security, and environmental protection. If these procedures serve the same
purpose as the security and inspection requirements of 40 CFR 264.14, the preparedness and prevention procedures
of 40 CFR part 264, subpart C, and the contingency plan and emergency procedures requirements of 40 CFR part
264, subpart D, then these procedures will be used to fulfill those requirements.
(d) Hazardous waste munitions and explosives must be packaged to ensure safety in handling and storage.
(e) Hazardous waste munitions and explosives must be inventoried at least annually.
(f) Hazardous waste munitions and explosives and their storage units must be inspected and monitored as necessary
to ensure explosives safety and to ensure that there is no migration of contaminants out of the unit.
§ 264.1202 Closure and post-closure care.
(a) At closure of a magazine or unit which stored hazardous waste under this subpart, the owner or operator must
remove or decontaminate all waste residues, contaminated containment system components, contaminated subsoils,
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
magazines or units must meet all of the requirements specified in subparts G and H of this part, except that the owner
or operator may defer closure of the unit as long as it remains in service as a munitions or explosives magazine or
storage unit.
(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 or she must close the facility and perform post-closure care in accordance with the closure and
post-closure requirements that apply to landfills (§264.310).
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The recordkeeping provisions of §264.73 specify that an owner or operator must keep a written operating record at
his facility. This appendix provides additional instructions for keeping portions of the operating record. See §264.73(b)
for additional recordkeeping requirements.
The following information must be recorded, as it becomes available, and maintained in the operating record until
closure of the facility in the following manner:
Records of each hazardous waste received, treated, stored, or disposed of at the facility which include the following:
(1) A description by its common name and the EPA Hazardous Waste Number(s) from part 261 of this chapter which
apply to the waste. The waste description also must include the waste's physical form, i.e., liquid, sludge, solid, or
contained gas. If the waste is not listed in part 261, subpart D, of this chapter, the description also must include the
process that produced it (for example, solid filter cake from production of , EPA Hazardous Waste Number
W051).
Each hazardous waste listed in part 261, subpart D, of this chapter, and each hazardous waste characteristic defined
in part 261, subpart C, of this chapter, has a four-digit EPA Hazardous Waste Number assigned to it. This number
must be used for recordkeeping and reporting purposes. Where a hazardous waste contains more than one listed
hazardous waste, or where more than one hazardous waste characteristic applies to the waste, the waste description
must include all applicable EPA Hazardous Waste Numbers.
(2) The estimated or manifest-reported weight, or volume and density, where applicable, in one of the units of
measure specified in Table 1;
Table 1
Unit of measure
Gallons
Gallons per Hour
Gallons per Day
Liters
Liters per Hour
Liters per Day
Short Tons per Hour
Metric Tons per Hour
Short Tons per Day
Metric Tons per Day
Pounds per Hour
Kilograms per Hour
Cubic Yards
Cubic Meters
Code1
G
E
U
L
H
V
D
W
N
S
J
R
Y
C
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Acres
Acre-feet
Hectares
Hectare-meter
Btu's per Hour
Pounds
Short tons
Kilograms
Tons
B
A
Q
p
3
T
K
M
Single digit symbols are used here for data processing purposes.
(3) The method(s) (by handling code(s) as specified in Table 2) and date(s) of treatment, storage, or disposal.
Table 2—Handling Codes for Treatment, Storage and Disposal Methods
Enter the handling code(s) listed below that most closely represents the technique(s) used at the facility to treat, store
or dispose of each quantity of hazardous waste received.
1. Storage
S01 Container (barrel, drum, etc.)
S02 Tank
SOS Waste Pile
S04 Surface Impoundment
SOS Drip Pad
S06 Containment Building (Storage)
S99 Other Storage (specify)
2. Treatment
(a) Thermal Treatment—
T06 Liquid injection incinerator
T07 Rotary kiln incinerator
T08 Fluidized bed incinerator
T09 Multiple hearth incinerator
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T10 Infrared furnace incinerator
T11 Molten salt destructor
T12 Pyrolysis
T13 Wet air oxidation
T14 Calcination
T15 Microwave discharge
T18 Other (specify)
(b) Chemical Treatment—
T19 Absorption mound
T20 Absorption field
T21 Chemical fixation
T22 Chemical oxidation
T23 Chemical precipitation
T24 Chemical reduction
T25 Chlorination
T26 Chlorinolysis
T27 Cyanide destruction
T28 Degradation
T29 Detoxification
T30 Ion exchange
T31 Neutralization
T32 Ozonation
T33 Photolysis
T34 Other (specify)
(c) Physical Treatment—
(1) Separation of components:
T35 Centrifugation
280
-------
T36 Clarification
T37 Coagulation
T38 Decanting
T39 Encapsulation
T40 Filtration
T41 Flocculation
T42 Flotation
T43 Foaming
T44 Sedimentation
T45 Thickening
T46 Ultrafiltration
T47 Other (specify)
(2) Removal of Specific Components:
T48 Absorption-molecular sieve
T49 Activated carbon
T50 Blending
T51 Catalysis
T52 Crystallization
T53 Dialysis
T54 Distillation
T55 Electrodialysis
T56 Electrolysis
T57 Evaporation
T58 High gradient magnetic separation
T59 Leaching
T60 Liquid ion exchange
T61 Liquid-liquid extraction
281
-------
T62 Reverse osmosis
T63 Solvent recovery
T64 Stripping
T65 Sand filter
T66 Other (specify)
(d) Biological Treatment
T67 Activated sludge
T68 Aerobic lagoon
T69 Aerobic tank
T70 Anaerobic tank
T71 Composting
T72 Septic tank
T73 Spray irrigation
T74 Thickening filter
T75 Trickling filter
T76 Waste stabilization pond
T77 Other (specify)
T78-T79 [Reserved]
(e) Boilers and Industrial Furnaces
T80 Boiler
T81 Cement Kiln
T82 Lime Kiln
T83 Aggregate Kiln
T84 Phosphate Kiln
T85 Coke Oven
T86 Blast Furnace
T87 Smelting, Melting, or Refining Furnace
282
-------
T88 Titanium Dioxide Chloride Process Oxidation Reactor
T89 Methane Reforming Furnace
T90 Pulping Liquor Recovery Furnace
T91 Combustion Device Used in the Recovery of Sulfur Values from Spent Sulfuric Acid
T92 Halogen Acid Furnaces
T93 Other Industrial Furnaces Listed in 40 CFR 260.10 (specify)
(f) Other Treatment
T94 Containment Building (Treatment)
3. Disposal
D79 Underground Injection
D80 Landfill
D81 Land Treatment
D82 Ocean Disposal
D83 Surface Impoundment (to be closed as a landfill)
D99 Other Disposal (specify)
4. Miscellaneous (SubpartX)
X01 Open Burning/Open Detonation
X02 Mechanical Processing
X03 Thermal Unit
X04 Geologic Repository
X99 Other SubpartX (specify)
[45 FR 33221, May 19, 1980, as amended at 59 FR 13891, Mar. 24, 1994; 71 FR 40274, July 14, 2006]
283
-------
Appendixes II-III to Part 264 [Reserved]
Appendix IV to Part 264—Cochran's Approximation to the Behrens-
Fisher Students' t-test
Using all the available background data (nbreadings), calculate the background mean (Xb) and background variance
(Sb2). For the single monitoring well under investigation (nmreading), calculate the monitoring mean (Xm) and
monitoring variance (sm2).
For any set of data (X-i, X2, . . ., Xn) the mean is calculated by:
n
and the variance is calculated by:
•(^-xf
n-\
where "n" denotes the number of observations in the set of data.
The t-test uses these data summary measures to calculate a t-statistic (t*) and a comparison t-statistic (tc). The t*
value is compared to the tcvalue and a conclusion reached as to whether there has been a statistically significant
change in any indicator parameter.
The t-statistic for all parameters except pH and similar monitoring parameters is:
If the value of this t-statistic is negative then there is no significant difference between the monitoring data and
background data. It should be noted that significantly small negative values may be indicative of a failure of the
assumption made for test validity or errors have been made in collecting the background data.
The t-statistic (tc), against which t* will be compared, necessitates finding tband tmfrom standard (one-tailed) tables
where,
tb=t-tables with (nb-1) degrees of freedom, at the 0.05 level of significance.
tm=t-tables with (nm-1) degrees of freedom, at the 0.05 level of significance.
Finally, the special weightings Wband Wmare defined as:
FT = f*L and JF = —
284
-------
and so the comparison t-statistic is:
The t-statistic (t*) is now compared with the comparison t-statistic (tc) using the following decision-rule:
If t*is equal to or larger than tc, then conclude that there most likely has been a significant increase in this specific
parameter.
If t*is less than tc, then conclude that most likely there has not been a change in this specific parameter.
The t-statistic for testing pH and similar monitoring parameters is constructed in the same manner as previously
described except the negative sign (if any) is discarded and the caveat concerning the negative value is ignored. The
standard (two-tailed) tables are used in the construction tcfor pH and similar monitoring parameters.
If t* is equal to or larger than tc, then conclude that there most likely has been a significant increase (if the initial t* had
been negative, this would imply a significant decrease). If t* is less than tc, then conclude that there most likely has
been no change.
A further discussion of the test may be found in Statistical Methods (6th Edition, Section 4.14) by G. W. Snedecor and
W. G. Cochran, or Principles and Procedures of Statistics (1st Edition, Section 5.8) by R. G. D. Steel and J. H. Torrie.
Standard T—Tables 0.05 Level of Significance
Degrees of freedom
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
t-values (one-tail)
6.314
2.920
2.353
2.132
2.015
1.943
1.895
1.860
1.833
1.812
1.796
1.782
1.771
1.761
1.753
t-values (two-tail)
12.706
4.303
3.182
2.776
2.571
2.447
2.365
2.306
2.262
2.228
2.201
2.179
2.160
2.145
2.131
285
-------
16
17
18
19
20
21
22
23
24
25
30
40
1.746
1.740
1.734
1.729
1.725
1.721
1.717
1.714
1.711
1.708
1.697
1.684
2.120
2.110
2.101
2.093
2.086
2.080
2.074
2.069
2.064
2.060
2.042
2.021
Adopted from Table III of "Statistical Tables for Biological, Agricultural, and Medical Research" (1947, R. A. Fisher
and F. Yates).
[47 FR 32367, July 26, 1982]
Appendix V to Part 264—Examples of Potentially Incompatible Waste
Many hazardous wastes, when mixed with other waste or materials at a hazardous waste facility, can produce effects
which are harmful to human health and the environment, such as (1) heat or pressure, (2) fire or explosion, (3) violent
reaction, (4) toxic dusts, mists, fumes, or gases, or (5) flammable fumes or gases.
Below are examples of potentially incompatible wastes, waste components, and materials, along with the harmful
consequences which result from mixing materials in one group with materials in another group. The list is intended as
a guide to owners or operators of treatment, storage, and disposal facilities, and to enforcement and permit granting
officials, to indicate the need for special precautions when managing these potentially incompatible waste materials
or components.
This list is not intended to be exhaustive. An owner or operator must, as the regulations require, adequately analyze
his wastes so that he can avoid creating uncontrolled substances or reactions of the type listed below, whether they
are listed below or not.
It is possible for potentially incompatible wastes to be mixed in a way that precludes a reaction (e.g., adding acid to
water rather than water to acid) or that neutralizes them (e.g., a strong acid mixed with a strong base), or that controls
substances produced (e.g., by generating flammable gases in a closed tank equipped so that ignition cannot occur,
and burning the gases in an incinerator).
In the lists below, the mixing of a Group A material with a Group B material may have the potential consequence as
noted.
Group 1-A
286
-------
Acetylene sludge
Alkaline caustic liquids
Alkaline cleaner
Alkaline corrosive liquids
Alkaline corrosive battery fluid
Caustic wastewater
Lime sludge and other corrosive alkalies
Lime wastewater
Lime and water
Spent caustic
Group 1-B
Acid sludge
Acid and water
Battery acid
Chemical cleaners
Electrolyte, acid
Etching acid liquid or solvent
Pickling liquor and other corrosive acids
Spent acid
Spent mixed acid
Spent sulfuric acid
Potential consequences: Heat generation; violent reaction.
Group 2-A
Aluminum
Beryllium
Calcium
Lithium
287
-------
Magnesium
Potassium
Sodium
Zinc powder
Other reactive metals and metal hydrides
Group 2-B
Any waste in Group 1-A or
1-B
Potential consequences: Fire or explosion; generation of flammable hydrogen gas.
Group 3-A
Alcohols
Water
Group 3-B
Any concentrated waste in Groups 1-A or 1-B
Calcium
Lithium
Metal hydrides
Potassium
SO2CI2, SOCI2, PCI3, CH3SiCI3
Other water-reactive waste
Potential consequences: Fire, explosion, or heat generation; generation of flammable or toxic gases.
Group 4-A
Alcohols
Aldehydes
Halogenated hydrocarbons
Nitrated hydrocarbons
Unsaturated hydrocarbons
288
-------
Other reactive organic compounds and solvents
Group 4-B
Concentrated Group 1-A or 1-B wastes
Group 2-A wastes
Potential consequences: Fire, explosion, or violent reaction.
Group 5-A
Spent cyanide and sulfide solutions
Group 5-B
Group 1-B wastes
Potential consequences: Generation of toxic hydrogen cyanide or hydrogen sulfide gas.
Group 6-A
Chlorates
Chlorine
Chlorites
Chromic acid
Hypochlorites
Nitrates
Nitric acid, fuming
Perchlorates
Permanganates
Peroxides
Other strong oxidizers
Group 6-B
Acetic acid and other organic acids
Concentrated mineral acids
Group 2-A wastes
Group 4-A wastes
289
-------
Other flammable and combustible wastes
Potential consequences: Fire, explosion, or violent reaction.
Source:"Law, Regulations,and Guidelines for Handling of Hazardous Waste." California Department of Health,
February 1975.
1 These include counties, city-county consolidations, and independent cities. In the case of Alaska, the
political jurisdictions are election districts, and, in the case of Hawaii, the political jurisdiction listed is the
island of Hawaii.
[46 FR 2872, Jan. 12, 1981]
Appendix VI to Part 264—Political Jurisdictions1 in Which Compliance
With §264.18(a) Must Be Demonstrated
Alaska
Aleutian Islands
Anchorage
Bethel
Bristol Bay
Cordova-Valdez
Fairbanks-Fort Yukon
Juneau
Kenai-Cook Inlet
Ketchikan-Prince of Wales
Kodiak
Lynn Canal-Icy Straits
Palmer-Wasilla-Talkeena
Seward
Sitka
Wade Hampton
Wrangell Petersburg
Yukon-Kuskokwim
Arizona
Cochise
Graham
Greenlee
Yuma
California
All
Colorado
Archuleta
Conejos
290
-------
Hinsdale
Mineral
Rio Grande
Saguache
Hawaii
Hawaii
Idaho
Bannock
Bear Lake
Bingham
Bonneville
Caribou
Cassia
Clark
Franklin
Fremont
Jefferson
Madison
Oneida
Power
Teton
Montana
Beaverhead
Broad water
Cascade
Deer Lodge
Flathead
Gallatin
Granite
Jefferson
Lake
Lewis and Clark
Madison
Meagher
Missoula
Park
Powell
Sanders
Silver Bow
Stillwater
Sweet Grass
Teton
Wheatland
Nevada
291
-------
All
New Mexico
Bernalillo
Catron
Grant
Hidalgo
Los Alamos
Rio Arriba
Sandoval
Sante Fe
Sierra
Socorro
Taos
Torrance
Valencia
Utah
Beaver
Box Elder
Cache
Carbon
Davis
Duchesne
Emery
Garfield
Iron
Juab
Millard
Morgan
Piute
Rich
Salt Lake
Sanpete
Sevier
Summit
Tooele
Utah
Wasatch
Washington
Wayne
Weber
Washington
Chelan
Clallam
Clark
Cowlitz
Douglas
Ferry
Grant
Grays Harbor
Jefferson
292
-------
King
Kitsap
Kittitas
Lewis
Mason
Okanogan
Pacific
Pierce
San Juan Islands
Skagit
Skamania
Snohomish
Thurston
Wahkiakum
Whatcom
Yakima
Wyoming
Fremont
Lincoln
Park
Sublette
Teton
Uinta
Yellowstone National
Park
[46 FR 57285, Nov. 23, 1981; 47 FR 953, Jan. 8, 1982]
Appendixes VII-VIII to Part 264 [Reserved]
Appendix IX to Part 264—Ground-Water Monitoring List
Ground-Water Monitoring List
Common name1
Acenaphthene
Acenaphthylene
Acetone
Acetophenone
Acetonitrile; Methyl cyanide
2-Acetylaminofluorene; 2-AAF
CAS
RN2
83-32-9
208-96-
8
67-64-1
98-86-2
75-05-8
53-96-3
Chemical abstracts service index name3
Acenaphthylene, 1 ,2-dihydro-
Acenaphthylene
2-Propanone
Ethanone, 1-phenyl-
Acetonitrile
Acetamide, N-9H-fluoren-2-yl-
293
-------
Acrolein
Acrylonitrile
Aldrin
Allyl chloride
4-Aminobiphenyl
Aniline
Anthracene
Antimony
Aramite
Arsenic
Barium
Benzene
Benzo[a]anthracene;
Benzanthracene
Benzo[b]fluoranthene
Benzo[k]fluoranthene
Benzo[ghi]perylene
Benzo[a]pyrene
Benzyl alcohol
Beryllium
alpha-BHC
beta-BHC
107-02-
8
107-13-
1
309-00-
2
107-05-
1
92-67-1
62-53-3
120-12-
7
(Total)
140-57-
8
(Total)
(Total)
71-43-2
56-55-3
205-99-
2
207-08-
9
191-24-
2
50-32-8
100-51-
6
(Total)
319-84-
6
319-85-
7
2-Propenal
2-Propenenitrile
1 ,4:5,8-Dimethanonaphthalene, 1 ,2,3,4, 1 0, 1 0-
hexachloro-1,4,4a,5,8,8a-hexahydro-
(1a,4a,4a(3,5a,8a,8a(3)-
1-Propene, 3-chloro-
1,1'-Biphenyl]-4-amine
Benzenamine
Anthracene
Antimony
Sulfurous acid, 2-chloroethyl 2-[4-(1,1-
dimethylethyl) phenoxy]-1-methylethyl ester
Arsenic
Barium
Benzene
Benz[a]anthracene
Benz[e]acephenanthrylene
Benzo[k]fluoranthene
Benzo[ghi]perylene
Benzo[a]pyrene
Benzenemethanol
Beryllium
Cyclohexane, 1 ,2,3,4,5,6-hexachloro-
(1a,2a,3p,4p,5p,6p)-
Cyclohexane, 1 ,2,3,4,5,6-hexachloro-
(1a,2p,3a,4p,5a,6p)-
294
-------
delta-BHC
gamma-BHC; Lindane
Bis(2-chloroethoxy)methane
Bis(2-chloroethyl)ether
Bis(2-chloro-1 -methylethyl)
ether; 2,2'-Dichlorodiisopropyl
ether
Bis(2-ethylhexyl) phthalate
Bromodichloromethane
Bromoform; Tribromomethane
4-Bromophenyl phenyl ether
Butyl benzyl phthalate; Benzyl
butyl phthalate
Cadmium
Carbon disulfide
Carbon tetrachloride
Chlordane
p-Chloroaniline
Chlorobenzene
Chlorobenzilate
p-Chloro-m-cresol
Chloroethane; Ethyl chloride
Chloroform
2-Chloronaphthalene
319-86-
8
58-89-9
111-91-
1
111-44-
4
108-60-
1
117-81-
7
75-27^
75-25-2
101-55-
3
85-68-7
(Total)
75-15-0
56-23-5
57-74-9
106-47-
8
108-90-
7
510-15-
6
59-50-7
75-00-3
67-66-3
91-58-7
Cyclohexane, 1 , 2,3,4, 5,6-hexachloro-
(1a,2a,3a,4(3,5a,6(3)-
Cyclohexane, 1 ,2,3,4,5,6-hexachloro-
(1a,2a,3(3,4a,5a,6(3)-
Ethane, 1,1'-[methylenebis(oxy)]bis [2-chloro-
Ethane, 1,1'-oxybis[2-chloro-
Propane, 2,2'-oxybis[1-chloro-
1 ,2-Benzenedicarboxylic acid, bis(2-
ethylhexyl)ester
Methane, bromodichloro-
Methane, tribromo-
Benzene, 1-bromo-4-phenoxy-
1 ,2-Benzenedicarboxylic acid, butyl
phenylmethyl ester
Cadmium
Carbon disulfide
Methane, tetrachloro-
4,7-Methano-1 H-indene, 1 ,2,4,5,6,7,8,8-
octachloro-2,3,3a,4,7,7a -hexahydro-
Benzenamine, 4-chloro-
Benzene, chloro-
Benzeneacetic acid, 4-chloro-a-(4-
chlorophenyl)-a-hydroxy-, ethyl ester
Phenol, 4-chloro-3-methyl-
Ethane, chloro-
Methane, trichloro-
Naphthalene, 2-chloro-
295
-------
2-Chlorophenol
4-Chlorophenyl phenyl ether
Chloroprene
Chromium
Chrysene
Cobalt
Copper
m-Cresol
o-Cresol
p-Cresol
Cyanide
2,4-D; 2,4-
Dichlorophenoxyacetic acid
4,4'-DDD
4,4'-DDE
4,4'-DDT
Diallate
Dibenz[a,h]anthracene
Dibenzofuran
Dibromochloromethane;
Chlorodibromomethane
1 ,2-Dibromo-3-chloropropane;
DBCP
1,2-Dibromoethane; Ethylene
dibromide
95-57-8
7005-
72-3
126-99-
8
(Total)
218-01-
9
(Total)
(Total)
108-39-
4
95-48-7
106-44-
5
57-12-5
94-75-7
72-54-8
72-55-9
50-29-3
2303-
16-4
53-70-3
132-64-
9
124-48-
1
96-12-8
106-93-
4
Phenol, 2-chloro-
Benzene, 1-chloro-4-phenoxy-
1 ,3-Butadiene,2-chloro-
Chromium
Chrysene
Cobalt
Copper
Phenol, 3-methyl-
Phenol, 2-methyl-
Phenol, 4-methyl-
Cyanide
Acetic acid, (2,4-dichlorophenoxy)-
Benzene 1,1'-(2,2-dichloroethylidene) bis[4-
chloro-
Benzene, 1,1'-(dichloroethenylidene) bis[4-
chloro-
Benzene, 1,1'-(2,2,2-trichloroethylidene) bis[4-
chloro-
Carbamothioicacid, bis(l-methylethyl)- , S-
(2,3-dichloro-2-propenyl) ester
Dibenz[a,h]anthracene
Dibenzofuran
Methane, dibromochloro-
Propane, 1,2-dibromo-3-chloro-
Ethane, 1,2-dibromo-
296
-------
Di-n-butyl phthalate
o-Dichlorobenzene
m-Dichlorobenzene
p-Dichlorobenzene
3,3'-Dichlorobenzidine
trans-1 ,4-Dichloro-2-butene
Dichlorodifluoromethane
1,1-Dichloroethane
1,2-Dichloroethane; Ethylene
dichloride
1,1-Dichloroethylene;
Vinylidene chloride
trans-1 ,2-Dichloroethylene
2,4-Dichlorophenol
2,6-Dichlorophenol
1 ,2-Dichloropropane
cis-1 ,3-Dichloropropene
trans-1 ,3-Dichloropropene
Dieldrin
Diethyl phthalate
0,0-Diethyl 0-2-pyrazinyl
phosphorothioate; Thionazin
Dimethoate
p-(Dimethylamino)azobenzene
84-74-2
95-50-1
541-73-
1
106-46-
7
91-94-1
110-57-
6
75-71-8
75-34-3
107-06-
2
75-35^
156-60-
5
120-83-
2
87-65-0
78-87-5
10061-
01-5
10061-
02-6
60-57-1
84-66-2
297-97-
2
60-51-5
60-11-7
1,2-Benzenedicarboxylicacid, dibutyl ester
Benzene, 1,2-dichloro-
Benzene, 1,3-dichloro-
Benzene, 1 ,4-dichloro-
1,1'-Biphenyl]-4,4'-diamine, 3,3'-dichloro-
2-Butene, 1 ,4-dichloro-, (E)-
Methane, dichlorodifluoro-
Ethane, 1,1-dichloro-
Ethane, 1,2-dichloro-
Ethene, 1,1-dichloro-
Ethene, 1 ,2-dichloro-, (E)-
Phenol, 2,4-dichloro-
Phenol, 2,6-dichloro-
Propane, 1,2-dichloro-
1-Propene, 1,3-dichloro-, (Z)-
1-Propene, 1,3-dichloro-, (E)-
2,7:3,6-Dimethanonaphth [2,3-b]oxirene,
3,4,5,6,9,9-hexachloro-1a,2,2a,3,6,6a,7,7a-
octahydro-, (1aa,2p,2aa,3p,6p;,6aa,7p,7aa)-
1,2-Benzenedicarboxylicacid, diethyl ester
Phosphorothioic acid, 0,0-diethyl 0-pyrazinyl
ester
Phosphorodithioic acid, 0,0-dimethyl S-[2-
(methylamino)-2-oxoethyl] ester
Benzenamine, N,N-dimethyl-4-(phenylazo)-
297
-------
7,12-
Dimethylbenz[a]anthracene
3,3'-Dimethylbenzidine
alpha, alpha-
Dimethylphenethylamine
2,4-Dimethylphenol
Dimethyl phthalate
m-Dinitrobenzene
4,6-Dinitro-o-cresol
2,4-Dinitrophenol
2,4-Dinitrotoluene
2,6-Dinitrotoluene
Dinoseb; DNBP; 2-sec-Butyl-
4,6-dinitrophenol
Di-n-octyl phthalate
1 ,4-Dioxane
Diphenylamine
Disulfoton
Endosulfan I
Endosulfan II
Endosulfan sulfate
57-97-6
119-93-
7
122-09-
8
105-67-
9
131-11-
3
99-65-0
534-52-
1
51-28-5
121-14-
2
606-20-
2
88-85-7
117-84-
0
123-91-
1
122-39-
4
298-04-
4
959-98-
8
33213-
65-9
1031-
07-8
Benz[a]anthracene, 7, 1 2-dimethyl-
1,1'-Biphenyl]-4,4'-diamine, 3,3'-dimethyl-
Benzeneethanamine, a,a-dimethyl-
Phenol, 2,4-dimethyl-
1,2-Benzenedicarboxylicacid, dimethyl ester
Benzene, 1,3-dinitro-
Phenol, 2-methyl-4,6-dinitro-
Phenol, 2,4-dinitro-
Benzene, 1-methyl-2,4-dinitro-
Benzene, 2-methyl-1,3-dinitro-
Phenol, 2-(1 -methylpropyl)-4,6-dinitro-
1,2-Benzenedicarboxylicacid, dioctyl ester
1 ,4-Dioxane
Benzenamine, N-phenyl-
Phosphorodithioic acid, 0,0-diethyl S-[2-
(ethylthio)ethyl]ester
6,9-Methano-2,4,3- benzodioxathiepin,
6,7,8,9, 1 0, 1 0-hexachloro-1 ,5,5a,6,9,9a-
hexahydro-, 3-oxide,(3a,5ap,6a,9a,9ap)-
6,9-Methano-2,4,3- benzodioxathiepin,
6,7,8,9, 1 0, 1 0-hexachloro-1 ,5,5a,6,9,9a-
hexahydro-, 3-oxide, (3a,5aa,6p,9p,9aa)-
6,9-Methano-2,4,3- benzodioxathiepin,
6,7,8,9, 1 0, 1 0-hexachloro-1 ,5,5a,6,9,9a-
hexahydro-, 3,3-dioxide
298
-------
Endrin
Endrin aldehyde
Ethylbenzene
Ethyl methacrylate
Ethyl methanesulfonate
Famphur
Fluoranthene
Fluorene
Heptachlor
Heptachlor epoxide
Hexachlorobenzene
Hexachlorobutadiene
Hexachlorocyclopentadiene
Hexachloroethane
Hexachlorophene
Hexachloropropene
2-Hexanone
lndeno(1 ,2,3-cd)pyrene
Isobutyl alcohol
Isodrin
72-20-8
7421-
93-4
100-41-
4
97-63-2
62-50-0
52-85-7
206-44-
0
86-73-7
76-44-8
1024-
57-3
118-74-
1
87-68-3
77-47^
67-72-1
70-30^
1888-
71-7
591-78-
6
193-39-
5
78-83-1
465-73-
2,7:3,6-Dimethanonaphth[2,3-b]oxirene,
3,4,5,6,9,9-hexachloro-,1a,2,2a,3,6,6a,7,7a-
octahydro-, (1aa,2(3,2a(3,3a,6a,6a(3,7(3, 7aa)-
1 ,2,4- Methenocyclopenta[cd] pentalene-5-
carboxaldehyde, 2,2a,3,3,4,7-
hexachlorodecahydro-
(1a,2p,2ap,4p,4ap,5p,6ap,6bp,7R*)-
Benzene, ethyl-
2-Propenoic acid, 2-methyl-, ethyl ester
Methanesulfonic acid, ethyl ester
Dhosphorothioic acid, 0-[4-
(dimethylamino)sulfonyl]phenyl]-0,0-dimethyl
ester
Fluoranthene
9H-Fluorene
4,7-Methano-1 H-indene, 1 ,4,5,6,7,8,8-
heptachloro-3a,4,7,7a-tetrahydro-
2,5-Methano-2H-indeno[1 ,2-b] oxirene,
2, 3,4,5,6,7, 7-heptachloro-1 a, 1b,5,5a,6,6a,-
hexahydro-, (1 aa, 1 bp,2a,5a,5ap,6p,6aa)
Benzene, hexachloro-
1 ,3-Butadiene, 1 ,1 ,2,3,4,4-hexachloro-
1 ,3-Cyclopentadiene, 1 ,2,3,4,5,5-hexachloro-
Ethane, hexachloro-
Phenol, 2,2'-methylenebis[3,4,6-trichloro-
1 -Propene, 1 , 1 , 2,3,3, 3-hexachloro-
2-Hexanone
ndeno[1 ,2,3-cd]pyrene
1-Propanol, 2-methyl-
1,4,5,8-Dimethanonaphthalene,1,2,3,4,1 0,10-
299
-------
Isophorone
Isosafrole
Kepone
Lead
Mercury
Methacrylonitrile
Methapyrilene
Methoxychlor
Methyl bromide; Bromomethane
Methyl chloride; Chloromethane
3-Methylcholanthrene
Methylene bromide;
Dibromomethane
Methylene chloride;
Dichloromethane
Methyl ethyl ketone; MEK;
Methyl iodide; lodomethane
Methyl methacrylate
Methyl methanesulfonate
2-Methylnaphthalene
Methyl parathion; Parathion
methyl
4-Methyl-2-pentanone; Methyl
isobutyl ketone
Naphthalene
1 ,4-Naphthoquinone
6
78-59-1
120-58-
1
143-50-
0
(Total)
(Total)
126-98-
7
91-80-5
72-43-5
74-83-9
74-87-3
56-49-5
74-95-3
75-09-2
78-93-3
74-88^
80-62-6
66-27-3
91-57-6
298-00-
0
108-10-
1
91-20-3
130-15-
hexachloro-1,4,4a,5,8,8a hexahydro-(1a, 4a,
4a(3, 5(3, 8(3, 8a(3)-
2-Cyclohexen-1 -one, 3,5,5-trimethyl-
1 ,3-Benzodioxole, 5-(1 -propenyl)-
1,3,4-Metheno-2H-cyclobuta-[cd]pentalen-2-
one, 1,1a,3,3a,4,5,5,5a,5b,6-
decachlorooctahydro-
Lead
Mercury
2-Propenenitrile, 2-methyl-
1,2,Ethanediamine,N,N-dimethyl-N'-2-
pyridinyl-N'-(2-thienylmethyl)-
Benzene, 1,1'-(2,2,2,trichloroethylidene)bis [4-
methoxy-
Methane, bromo-
Methane, chloro-
BenzO]aceanthrylene, 1 ,2-dihydro-3-methyl-
Methane, dibromo-
Methane, dichloro-
2-Butanone
Methane, iodo-
2-Propenoic acid, 2-methyl-, methyl ester
Methanesulfonic acid, methyl ester
Naphthalene, 2-methyl-
Phosphorothioic acid, 0,0-dimethyl 0-(4-
nitrophenyl) ester
2-Pentanone, 4-methyl-
Naphthalene
1 ,4-Naphthalenedione
300
-------
1-Naphthylamine
2-Naphthylamine
Nickel
o-Nitroaniline
m-Nitroaniline
p-Nitroaniline
Nitrobenzene
o-Nitrophenol
p-Nitrophenol
4-Nitroquinoline 1 -oxide
N-Nitrosodi-n-butylamine
N-Nitrosodiethylamine
N-Nitrosodimethylamine
N-Nitrosodiphenylamine
N-Nitrosodipropylamine;Di-n-
propylnitrosamine
N-Nitrosomethylethalamine
N-Nitrosomorpholine
N-Nitrosopiperidine
N-Nitrosopyrrolidine
5-Nitro-o-toluidine
Parathion
Polychlorinated biphenyls;
PCBs
4
134-32-
7
91-59-8
(Total)
88-74^
99-09-2
100-01-
6
98-95-3
88-75-5
100-02-
7
56-57-5
924-16-
3
55-18-5
62-75-9
86-30-6
621-64-
7
10595-
95-6
59-89-2
100-75-
4
930-55-
2
99-55-8
56-38-2
See
footnote
4
1-Naphthalenamine
2-Naphthalenamine
Nickel
Benzenamine, 2-nitro-
Benzenamine, 3-nitro-
Benzenamine, 4-nitro-
Benzene, nitro-
Phenol, 2-nitro-
Phenol, 4-nitro-
Quinoline, 4-nitro, 1 -oxide
1-Butanamine, N-butyl-N-nitroso-
Ethanamine, N-ethyl-N-nitroso-
Methanamine, N-methyl-N-nitroso-
Benzenamine, N-nitroso-N-phenyl-
1 -Propanamine, N-nitroso-N-propyl-
Ethanamine, N-methyl-N-nitroso-
Morpholine, 4-nitroso-
Piperidine, 1-nitroso-
Pyrrolidine, 1-nitroso-
Benzenamine, 2-methyl-5-nitro-
Phosphorothioic acid, 0,0-diethyl-0-(4-
nitrophenyl) ester
1,1'-Biphenyl, chloro derivatives
301
-------
Polychlorinated dibenzo-p-
dioxins; PCDDs
Polychlorinated dibenzofurans;
PCDFs
Pentachlorobenzene
Pentachloroethane
Pentachloronitrobenzene
Pentachlorophenol
Phenacetin
Phenanthrene
Phenol
p-Phenylenediamine
Phorate
2-Picoline
Pronamide
Propionitrile; Ethyl cyanide
Pyrene
Pyridine
Safrole
Selenium
Silver
Silvex; 2,4,5-TP
Styrene
See
footnote
5
See
footnote
6
608-93-
5
76-01-7
82-68-8
87-86-5
62-44-2
85-01-8
108-95-
2
106-50-
3
298-02-
2
109-06-
8
23950-
58-5
107-12-
0
129-00-
0
110-86-
1
94-59-7
(Total)
(Total)
93-72-1
100-42-
5
Dibenzo[b,e][1,4]dioxin, chloro derivatives
Dibenzofuran, chloro derivatives
Benzene, pentachloro-
Ethane, pentachloro-
Benzene, pentachloronitro-
Phenol, pentachloro-
Acetamide, N-(4-ethoxyphenyl)
Phenanthrene
Phenol
1 ,4-Benzenediamine
Phosphorodithioic acid, 0,0-diethyl S-
(ethylthio)methyl] ester
Pyridine, 2-methyl-
Benzamide, 3,5-dichloro-N-(1 , 1 -dimethyl-2-
propynyl)-
Propanenitrile
Pyrene
Pyridine
1 ,3-Benzodioxole, 5-(2-propenyl)-
Selenium
Silver
Propanoic acid, 2-(2,4,5- trichlorophenoxy)-
Benzene, ethenyl-
302
-------
Sulfide
2,4,5-T; 2,4,5-
Trichlorophenoxyacetic acid
2,3,7,8-TCDD; 2,3,7,8-
Tetrachlorodibenzo-p-dioxin
1 ,2,4,5-Tetrachlorobenzene
1,1,1 ,2-Tetrachloroethane
1 ,1 ,2,2-Tetrachloroethane
Tetrachloroethylene;
Perchloroethylene;
Tetrachloroethene
2,3,4,6-Tetrachlorophenol
Tetraethyl dithiopyrophosphate;
Sulfotepp
Thallium
Tin
Toluene
o-Toluidine
Toxaphene
1 ,2,4-Trichlorobenzene
1,1,1 -Trichloroethane;
Methylchloroform
1 , 1 ,2-Trichloroethane
Trichloroethylene;
Trichloroethene
Trichlorofluoromethane
2,4,5-Trichlorophenol
2,4,6-Trichlorophenol
1 ,2,3-Trichloropropane
18496-
25-8
93-76-5
1746-
01-6
95-94-3
630-20-
6
79-34-5
127-18-
4
58-90-2
3689-
24-5
(Total)
(Total)
108-88-
3
95-53^
8001-
35-2
120-82-
1
71-55-6
79-00-5
79-01-6
75-69^
95-95^
88-06-2
96-18^
Sulfide
Acetic acid, (2,4,5-trichlorophenoxy)-
Dibenzo[b,e][1 ,4]dioxin, 2,3,7,8-tetrachloro-
Benzene, 1,2,4,5-tetrachloro-
Ethane, 1,1,1,2-tetrachloro-
Ethane, 1,1,2,2-tetrachloro-
Ethene, tetrachloro-
Phenol, 2,3,4,6-tetrachloro-
Thiodiphosphoric acid ([(HO)2P(S)]20),
tetraethyl ester
Thallium
Tin
Benzene, methyl-
Benzenamine, 2-methyl-
Toxaphene
Benzene, 1 ,2,4-trichloro-
Ethane, 1,1,1-trichloro-
Ethane, 1,1,2-trichloro-
Ethene, trichloro-
Methane, trichlorofluoro-
Phenol, 2,4,5-trichloro-
Phenol, 2,4,6-trichloro-
Propane, 1,2,3-trichloro-
303
-------
0,0,0-Triethyl
phosphorothioate
sym-Trinitrobenzene
Vanadium
Vinyl acetate
Vinyl chloride
Xylene (total)
Zinc
126-68-
1
99-35^
(Total)
108-05-
4
75-01^
1330-
20-7
(Total)
Phosphorothioic acid, 0,0,0-triethyl ester
Benzene, 1,3,5-trinitro-
Vanadium
Acetic acid, ethenyl ester
Ethene, chloro-
Benzene, dimethyl-
Zinc
1Common names are those widely used in government regulations, scientific publications, and commerce; synonyms
exist for many chemicals.
2Chemical Abstracts Service registry number. Where "Total" is entered, all species in the ground water that contain
this element are included.
3CAS index names are those used in the 9th Cumulative Index.
4Polychlorinated biphenyls (CAS RN 1336-36-3); this category contains congener chemicals, including constituents
of Aroclor-1016 (CAS RN 12674-11-2), Aroclor-1221 (CAS RN 11104-28-2), Aroclor-1232 (CAS RN 11141-16-5),
Aroclor-1242 (CAS RN 53469-21-9), Aroclor-1248 (CAS RN 12672-29-6), Aroclor-1254 (CAS RN 11097-69-1),
and Aroclor-1260 (CAS RN 11096-82-5).
5This category contains congener chemicals, including tetrachlorodibenzo-p-dioxins (see also 2,3,7,8-TCDD),
pentachlorodibenzo-p-dioxins, and hexachlorodibenzo-p-dioxins.
6This category contains congener chemicals, including tetrachlorodibenzofurans, pentachlorodibenzofurans, and
hexachlorodibenzofurans.
[70 FR 34582, June 14, 2005, as amended at 70 FR 44151, Aug. 1, 2005]
304
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Appendix B: Part 265
Regulations
Interim Status Standards for Owners and Operators
of Hazardous Waste Treatment, Storage and Disposal
Facilities
6/1/2011
US-EPA
Versionl
-------
of
Part 265 Regulations - Interim Status Standards for Owners and Operators of Hazardous Waste
Treatment, Storage and Disposal Facilities 1
Subpart A—General 1
Subpart B—General Facility Standards 4
Subpart C—Preparedness and Prevention 11
Subpart D—Contingency Plan and Emergency Procedures 13
Subpart E—Manifest System, Recordkeeping, and Reporting 16
Subpart F—Ground-Water Monitoring 23
Subpart G—Closure and Post-Closure 29
Subpart H—Financial Requirements 41
Subpart I—Use and Management of Containers 68
Subpart J—Tank Systems 69
Subpart K—Surface Impoundments 84
Subpart L—Waste Piles 89
Subpart M—Land Treatment 93
Subpart N—Landfills 99
Subpart O—Incinerators 105
Subpart P—Thermal Treatment 108
Subpart Q—Chemical, Physical, and Biological Treatment 110
Subpart R—Underground Injection 112
Subparts S-V [Reserved] 113
Subpart W—Drip Pads 113
Subparts X-Z [Reserved] 118
Subpart AA—Air Emission Standards for Process Vents 118
Subpart BB—Air Emission Standards for Equipment Leaks 133
Subpart CC—Air Emission Standards for Tanks, Surface Impoundments, and Containers 145
Subpart DD—Containment Buildings 205
Subpart EE—Hazardous Waste Munitions and Explosives Storage 208
Appendix I to Part 265—Recordkeeping Instructions 210
Appendix II to Part 265 [Reserved] 216
Appendix III to Part 265—EPA Interim Primary Drinking Water Standards 216
Appendix IV to Part 265—Tests for Significance 217
Appendix V to Part 265—Examples of Potentially Incompatible Waste 217
Appendix VI to Part 265—Compounds With Henry's Law Constant Less Than 0.1 Y/X 220
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Part 265 Regulations - Interim Status Standards for Owners and
Operators of Hazardous Waste Treatment, Storage and Disposal
Facilities
Authority: 42 U.S.C. 6905, 6906, 6912, 6922, 6923, 6924, 6925, 6935, 6936, and 6937.
Source: 45 FR 33232, May 19, 1980, unless otherwise noted.
Subpart A—General
§ 265.1 Purpose, scope, and applicability.
(a) The purpose of this part is to establish minimum national standards that define the acceptable management of
hazardous waste during the period of interim status and until certification of final closure or, if the facility is subject to
post-closure requirements, until post-closure responsibilities are fulfilled.
(b) Except as provided in §265.1080(b), the standards of this part, and of 40 CFR 264.552, 264.553, and 264.554,
apply to owners and operators of facilities that treat, store or dispose of hazardous waste who have fully complied
with the requirements for interim status under section 3005(e) of RCRA and §270.10 of this chapter until either a
permit is issued under section 3005 of RCRA or until applicable part 265 closure and post-closure responsibilities are
fulfilled, and to those owners and operators of facilities in existence on November 19, 1980 who have failed to provide
timely notification as required by section 3010(a) of RCRA and/or failed to file Part A of the permit application as
required by 40 CFR 270.10 (e) and (g). These standards apply to all treatment, storage and disposal of hazardous
waste at these facilities after the effective date of these regulations, except as specifically provided otherwise in this
part or part 261 of this chapter.
[ Comment: As stated in section 3005(a) of RCRA, after the effective date of regulations under that
section (i.e., parts 270 and 124 of this chapter), the treatment, storage and disposal of hazardous waste
is prohibited except in accordance with a permit. Section 3005(e) of RCRA provides for the continued
operation of an existing facility that meets certain conditions, until final administrative disposition of the
owner's and operator's permit application is made.]
(c) The requirements of this part do not apply to:
(1) A person disposing of hazardous waste by means of ocean disposal subject to a permit issued under the Marine
Protection, Research, and Sanctuaries Act;
[ Comment: These part 265 regulations do apply to the treatment or storage of hazardous waste before it
is loaded onto an ocean vessel for incineration or disposal at sea, as provided in paragraph (b) of this
section.]
(2) [Reserved]
(3) The owner or operator of a POTW which treats, stores, or disposes of hazardous waste;
[ Comment: The owner or operator of a facility under paragraphs (c)(1) through (3) of this section is
subject to the requirements of part 264 of this chapter to the extent they are included in a permit by rule
granted to such a person under part 122 of this chapter, or are required by §144.14 of this chapter.]
-------
(4) A person who treats, stores, or disposes of hazardous waste in a State with a RCRA hazardous waste program
authorized under subpart A or B of part 271 of this chapter, except that the requirements of this part will continue to
apply:
(i) If the authorized State RCRA program does not cover disposal of hazardous waste by means of underground
injection; or
(ii) To a person who treats, stores, or disposes of hazardous waste in a State authorized under subpart A or B of part
271 of this chapter if the State has not been authorized to carry out the requirements and prohibitions applicable to
the treatment, storage, or disposal of hazardous waste at his facility which are imposed pursuant to the Hazardous
and Solid Waste Act Amendments of 1984. The requirements and prohibitions that are applicable until a State
receives authorization to carry them out include all Federal program requirements identified in §271.1(j);
(5) The owner or operator of a facility permitted, licensed, or registered by a State to manage municipal or industrial
solid waste, if the only hazardous waste the facility treats, stores, or disposes of is excluded from regulation under
this part by §261.5 of this chapter;
(6) The owner or operator of a facility managing recyclable materials described in §261.6 (a)(2), (3), and (4) of this
chapter (except to the extent they are referred to in part 279 or subparts C, F, G, or H of part 266 of this chapter).
(7) A generator accumulating waste on-site in compliance with §262.34 of this chapter, except to the extent the
requirements are included in §262.34 of this chapter;
(8) A farmer disposing of waste pesticides from his own use in compliance with §262.70 of this chapter; or
(9) The owner or operator of a totally enclosed treatment facility, as defined in §260.10.
(10) The owner or operator of an elementary neutralization unit or a wastewater treatment unit as defined in §260.10
of this chapter, provided that if the owner or operator is diluting hazardous ignitable (D001) wastes (other than the
D001 High TOC Subcategory defined in §268.40 of this chapter, Table Treatment Standards for Hazardous Wastes),
or reactive (D003) waste, to remove the characteristic before land disposal, the owner/operator must comply with the
requirements set out in §265.17(b).
(11)(i) Except as provided in paragraph (c)(11)(ii) of this section, a person engaged in treatment or containment
activities during immediate response to any of the following situations:
(A) A discharge of a hazardous waste;
(B) An imminent and substantial threat of a discharge of a hazardous waste;
(C) A discharge of a material which, when discharged, becomes a hazardous waste.
(D) An immediate threat to human health, public safety, property, or the environment, from the known or suspected
presence of military munitions, other explosive material, or an explosive device, as determined by an explosive or
munitions emergency response specialist as defined in 40 CFR 260.10.
(ii) An owner or operator of a facility otherwise regulated by this part must comply with all applicable requirements of
subparts C and D.
(iii) Any person who is covered by paragraph (c)(11 )(i) of this section and who continues or initiates hazardous waste
treatment or containment activities after the immediate response is over is subject to all applicable requirements of
this part and parts 122 through 124 of this chapter for those activities.
(iv) In the case of an explosives or munitions emergency response, if a Federal, State, Tribal or local official acting
within the scope of his or her official responsibilities, or an explosives or munitions emergency response specialist,
determines that immediate removal of the material or waste is necessary to protect human health or the environment,
-------
that official or specialist may authorize the removal of the material or waste by transporters who do not have EPA
identification numbers and without the preparation of a manifest. In the case of emergencies involving military
munitions, the responding military emergency response specialist's organizational unit must retain records for three
years identifying the dates of the response, the responsible persons responding, the type and description of material
addressed, and its disposition.
(12) A transporter storing manifested shipments of hazardous waste in containers meeting the requirements of 40
CFR 262.30 at a transfer facility fora period often days or less.
(13) The addition of absorbent material to waste in a container (as defined in §260.10 of this chapter) or the addition
of waste to the absorbent material in a container provided that these actions occur at the time waste is first placed in
the containers; and §§265.17(b), 265.171, and 265.172 are complied with.
(14) Universal waste handlers and universal waste transporters (as defined in 40 CFR 260.10) handling the wastes
listed below. These handlers are subject to regulation under 40 CFR part 273, when handling the below listed
universal wastes.
(i) Batteries as described in 40 CFR 273.2;
(ii) Pesticides as described in §273.3 of this chapter;
(iii) Mercury-containing equipment as described in §273.4 of this chapter; and
(iv) Lamps as described in §273.5 of this chapter.
(15) A New York State Utility central collection facility consolidating hazardous waste in accordance with 40 CFR
262.90.
(d) The following hazardous wastes must not be managed at facilities subject to regulation under this part.
(1) EPA Hazardous Waste Nos. FO20, FO21, FO22, FO23, FO26, or FO27 unless:
(i) The wastewater treatment sludge is generated in a surface impoundment as part of the plant's wastewater
treatment system;
(ii) The waste is stored in tanks or containers;
(iii) The waste is stored or treated in waste piles that meet the requirements of §264.250(c) as well as all other
applicable requirements of subpart L of this part;
(iv) The waste is burned in incinerators that are certified pursuant to the standards and procedures in §265.352; or
(v) The waste is burned in facilities that thermally treat the waste in a device other than an incinerator and that are
certified pursuant to the standards and procedures in §265.383.
(e) The requirements of this part apply to owners or operators of all facilities which treat, store or dispose of
hazardous waste referred to in 40 CFR part 268, and the 40 CFR part 268 standards are considered material
conditions or requirements of the part 265 interim status standards.
(f) Section 266.205 of this chapter identifies when the requirements of this part apply to the storage of military
munitions classified as solid waste under §266.202 of this chapter. The treatment and disposal of hazardous waste
military munitions are subject to the applicable permitting, procedural, and technical standards in 40 CFR parts 260
through 270.
[45 FR 33232, May 19, 1980]
-------
Editorial Note: For Federal Register citations affecting §265.1, see the List of CFR Sections Affected, which
appears in the Finding Aids section of the printed volume and atvwvw.fdsys.gov.
§§ 265.2-265.3 [Reserved]
§ 265.4 Imminent hazard action.
Notwithstanding any other provisions of these regulations, enforcement actions may be brought pursuant to section
7003 of RCRA.
§265.10 Applicability.
The regulations in this subpart apply to owners and operators of all hazardous waste facilities, except as §265.1
provides otherwise.
§265.11 Identification number.
Every facility owner or operator must apply to EPA for an EPA identification number in accordance with the EPA
notification procedures (45 FR 12746).
§265.12 Required notices.
(a)(1) The owner or operator of a facility that has arranged to receive hazardous waste from a foreign source must
notify the Regional Administrator in writing at least four weeks in advance of the date the waste is expected to arrive
at the facility. Notice of subsequent shipments of the same waste from the same foreign source is not required.
(2) The owner or operator of a recovery facility that has arranged to receive hazardous waste subject to 40 CFR part
262, subpart H must provide a copy of the movement document bearing all required signatures to the foreign
exporter; to the Office of Enforcement and Compliance Assurance, Office of Federal Activities, International
Compliance Assurance Division (2254A), Environmental Protection Agency, 1200 Pennsylvania Avenue, NW.,
Washington, DC 20460; and to the competent authorities of all other countries concerned within three (3) working
days of receipt of the shipment. The original of the signed movement document must be maintained at the facility for
at least three (3) years. In addition, such owner or operator shall, as soon as possible, but no later than thirty (30)
days after the completion of recovery and no later than one (1) calendar year following the receipt of the hazardous
waste, send a certificate of recovery to the foreign exporter and to the competent authority of the country of export
and to EPA's Office of Enforcement and Compliance Assurance at the above address by mail, e-mail without a digital
signature followed by mail, or fax followed by mail.
(b) Before transferring ownership or operation of a facility during its operating life, or of a disposal facility during the
post-closure care period, the owner or operator must notify the new owner or operator in writing of the requirements
of this part and part 270 of this chapter. (Also see §270.72 of this chapter.)
[ Comment: An owner's or operator's failure to notify the new owner or operator of the requirements of this
part in no way relieves the new owner or operator of his obligation to comply with all applicable
requirements.]
[45 FR 33232, May 19, 1980, as amended at 48 FR 14295, Apr. 1, 1983; 50 FR 4514, Jan. 31, 1985; 61 FR 16315,
Apr. 12, 1996; 71 FR 40274, July 14, 2006; 75 FR 1260, Jan. 8, 2010]
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§265.13 General waste analysis.
(a)(1) Before an owner or operator treats, stores, or disposes of any hazardous wastes, or nonhazardous wastes if
applicable under §265.113(d), he must obtain a detailed chemical and physical analysis of a representative sample of
the wastes. At a minimum, the analysis must contain all the information which must be known to treat, store, or
dispose of the waste in accordance with this part and part 268 of this chapter.
(2) The analysis may include data developed under part 261 of this chapter, and existing published or documented
data on the hazardous waste or on waste generated from similar processes.
Comment: For example, the facility's records of analyses performed on the waste before the effective
date of these regulations, or studies conducted on hazardous waste generated from processes similar to
that which generated the waste to be managed at the facility, may be included in the data base required
to comply with paragraph (a)(1) of this section. The owner or operator of an off-site facility may arrange
for the generator of the hazardous waste to supply part of the information required by paragraph (a)(1) of
this section, except as otherwise specified in 40 CFR 268.7 (b) and (c). If the generator does not supply
the information, and the owner or operator chooses to accept a hazardous waste, the owner or operator
is responsible for obtaining the information required to comply with this section.]
(3) The analysis must be repeated as necessary to ensure that it is accurate and up to date. At a minimum, the
analysis must be repeated:
(i) When the owner or operator is notified, or has reason to believe, that the process or operation generating the
hazardous wastes or non-hazardous wastes, if applicable, under §265.113(d) has changed; and
(ii) For off-site facilities, when the results of the inspection required in paragraph (a)(4) of this section indicate that the
hazardous waste received at the facility does not match the waste designated on the accompanying manifest or
shipping paper.
(4) The owner or operator of an off-site facility must inspect and, if necessary, analyze each hazardous waste
movement received at the facility to determine whether it matches the identity of the waste specified on the
accompanying manifest or shipping paper.
(b) The owner or operator must develop and follow a written waste analysis plan which describes the procedures
which he will carry out to comply with paragraph (a) of this section. He must keep this plan at the facility. At a
minimum, the plan must specify:
(1)The parameters for which each hazardous waste, or non-hazardous waste if applicable under §265.113(d), will be
analyzed and the rationale for the selection of these parameters (i.e., how analysis for these parameters will provide
sufficient information on the waste's properties to comply with paragraph (a) of this section);
(2) The test methods which will be used to test for these parameters;
(3) The sampling method which will be used to obtain a representative sample of the waste to be analyzed. A
representative sample may be obtained using either:
(i) One of the sampling methods described in appendix I of part 261 of this chapter; or
(ii)An equivalent sampling method.
[ Comment: See §260.20(c) of this chapter for related discussion.]
(4) The frequency with which the initial analysis of the waste will be reviewed or repeated to ensure that the analysis
is accurate and up to date;
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(5) For off-site facilities, the waste analyses that hazardous waste generators have agreed to supply; and
(6) Where applicable, the methods that will be used to meet the additional waste analysis requirements for specific
waste management methods as specified in §§265.200, 265.225, 265.252, 265.273, 265.314, 265.341, 265.375,
265.402, 265.1034(d), 265.1063(d), 265.1084, and 268.7 of this chapter.
(7) For surface impoundments exempted from land disposal restrictions under §268.4(a) of this chapter, the
procedures and schedule for:
(i) The sampling of impoundment contents;
(ii) The analysis of test data; and,
(iii) The annual removal of residues which are not delisted under §260.22 of this chapter or which exhibit a
characteristic of hazardous waste and either:
(A) Do not meet applicable treatment standards of part 268, subpart D; or
(B) Where no treatment standards have been established;
( 1 ) Such residues are prohibited from land disposal under §268.32 or RCRA section 3004(d); or
( 2 ) Such residues are prohibited from land disposal under §268.33(f).
(8) For owners and operators seeking an exemption to the air emission standards of Subpart CC of this part in
accordance with §265.1083—
(i) If direct measurement is used for the waste determination, the procedures and schedules for waste sampling and
analysis, and the results of the analysis of test data to verify the exemption.
(ii) If knowledge of the waste is used for the waste determination, any information prepared by the facility owner or
operator or by the generator of the hazardous waste, if the waste is received from off-site, that is used as the basis
for knowledge of the waste.
(c) For off-site facilities, the waste analysis plan required in paragraph (b) of this section must also specify the
procedures which will be used to inspect and, if necessary, analyze each movement of hazardous waste received at
the facility to ensure that it matches the identity of the waste designated on the accompanying manifest or shipping
paper. At a minimum, the plan must describe:
(1) The procedures which will be used to determine the identity of each movement of waste managed at the facility;
and
(2) The sampling method which will be used to obtain a representative sample of the waste to be identified, if the
identification method includes sampling.
(3) The procedures that the owner or operator of an off-site landfill receiving containerized hazardous waste will use
to determine whether a hazardous waste generator or treater has added a biodegradable sorbent to the waste in the
container.
[45 FR 33232, May 19, 1980, as amended at 50 FR 4514, Jan. 31, 1985; 50 FR 18374, Apr. 30, 1985; 51 FR 40638,
Nov. 7, 1986; 52 FR 25788, July 8, 1987; 54 FR 33396, Aug. 14, 1989; 55 FR 22685, June 1, 1990; 55 FR 25506,
June 21, 1990; 56 FR 19290, Apr. 26, 1991; 57 FR 8088, Mar. 6, 1992; 57 FR 54461, Nov. 18, 1992; 59 FR 62935,
Dec. 6, 1994; 61 FR 4913, Feb. 9, 1996]
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§ 265.14 Security.
(a) The owner or operator must prevent the unknowing entry, and minimize the possibility for the unauthorized entry,
of persons or livestock onto the active portion of his facility, unless:
(1) Physical contact with the waste, structures, or equipment with the active portion of the facility will not injure
unknowing or unauthorized persons or livestock which may enter the active portion of a facility, and
(2) Disturbance of the waste or equipment, by the unknowing or unauthorized entry of persons or livestock onto the
active portion of a facility, will not cause a violation of the requirements of this part.
(b) Unless exempt under paragraphs (a)(1) and (2) of this section, a facility must have:
(1) A 24-hour surveillance system (e.g., television monitoring or surveillance by guards or facility personnel) which
continuously monitors and controls entry onto the active portion of the facility; or
(2)(i) An artificial or natural barrier (e.g., a fence in good repair or a fence combined with a cliff), which completely
surrounds the active portion of the facility; and
(ii) A means to control entry, at all times, through the gates or other entrances to the active portion of the facility (e.g.,
an attendant, television monitors, locked entrance, or controlled roadway access to the facility).
[ Comment: The requirements of paragraph (b) of this section are satisfied if the facility or plant within
which the active portion is located itself has a surveillance system, or a barrier and a means to control
entry, which complies with the requirements of paragraph (b)(1) or (2) of this section.]
(c) Unless exempt under paragraphs (a)(1) and (a)(2) of this section, a sign with the legend, "Danger—Unauthorized
Personnel Keep Out," must be posted at each entrance to the active portion of a facility, and at other locations, in
sufficient numbers to be seen from any approach to this active portion. The legend must be written in English and in
any other language predominant in the area surrounding the facility (e.g., facilities in counties bordering the Canadian
province of Quebec must post signs in French; facilities in counties bordering Mexico must post signs in Spanish),
and must be legible from a distance of at least 25 feet. Existing signs with a legend other than "Danger—
Unauthorized Personnel Keep Out" may be used if the legend on the sign indicates that only authorized personnel
are allowed to enter the active portion, and that entry onto the active portion can be dangerous.
[ Comment: See §265.117(b) for discussion of security requirements at disposal facilities during the post-
closure care period.]
[45 FR 33232, May 19, 1980, as amended at 71 FR 40274, July 14, 2006]
§ 265.15 General inspection requirements.
(a) The owner or operator must inspect his facility for malfunctions and deterioration, operator errors, and discharges
which may be causing—or may lead to: (1) Release of hazardous waste constituents to the environment or (2) a
threat to human health. The owner or operator must conduct these inspections often enough to identify problems in
time to correct them before they harm human health or the environment.
(b)(1) The owner or operator must develop and follow a written schedule for inspecting all monitoring equipment,
safety and emergency equipment, security devices, and operating and structural equipment (such as dikes and sump
pumps) that are important to preventing, detecting, or responding to environmental or human health hazards.
(2) He must keep this schedule at the facility.
(3) The schedule must identify the types of problems (e.g., malfunctions or deterioration) which are to be looked for
during the inspection (e.g., inoperative sump pump, leaking fitting, eroding dike, etc.).
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(4) The frequency of inspection may vary for the items on the schedule. However, the frequency should be based on
the rate of deterioration of the equipment and the probability of an environmental or human health incident if the
deterioration, malfunction, or operator error goes undetected between inspections. Areas subject to spills, such as
loading and unloading areas, must be inspected daily when in use, except for Performance Track member facilities,
that must inspect at least once each month, upon approval by the Director, as described in paragraph (b)(5) of this
section. At a minimum, the inspection schedule must include the items and frequencies called for in §§265.174,
265.193, 265.195, 265.226, 265.260, 265.278, 265.304, 265.347, 265.377, 265.403, 265.1033, 265.1052, 265.1053,
265.1058, and 265.1084 through 265.1090, where applicable.
(5) Performance Track member facilities that choose to reduce inspection frequencies must:
(i) Submit an application to the Director. The application must identify the facility as a member of the National
Environmental Performance Track Program and identify the management units for reduced inspections and the
proposed frequency of inspections. Inspections must be conducted at least once each month.
(ii) Within 60 days, the Director will notify the Performance Track member facility, in writing, if the application is
approved, denied, or if an extension to the 60-day deadline is needed. This notice must be placed in the facility's
operating record. The Performance Track member facility should consider the application approved if the Director
does not: (1) Deny the application; or (2) notify the Performance Track member facility of an extension to the 60-day
deadline. In these situations, the Performance Track member facility must adhere to the revised inspection schedule
outlined in its application and maintain a copy of the application in the facility's operating record.
(iii) Any Performance Track member facility that discontinues its membership or is terminated from the program must
immediately notify the Director of its change in status. The facility must place in its operating record a dated copy of
this notification and revert back to the non-Performance Track inspection frequencies within seven calendar days.
(c) The owner or operator must remedy any deterioration or malfunction of equipment or structures which the
inspection reveals on a schedule which ensures that the problem does not lead to an environmental or human health
hazard. Where a hazard is imminent or has already occurred, remedial action must be taken immediately.
(d) The owner or operator must record inspections in an inspection log or summary. He must keep these records for
at least three years from the date of inspection. At a minimum, these records must include the date and time of the
inspection, the name of the inspector, a notation of the observations made, and the date and nature of any repairs or
other remedial actions.
[45 FR 33232, May 19, 1980, as amended at 50 FR 4514, Jan. 31, 1985; 57 FR 3491, Jan. 29, 1992; 59 FR 62935,
Dec. 6, 1994; 62 FR 64661, Dec. 8, 1997; 71 FR 16908, Apr. 4, 2006]
§ 265.16 Personnel training.
(a)(1) 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 monitoring equipment;
(ii) Key parameters for automatic waste feed cut-off systems;
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(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)(1) 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)(1) 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]
§ 265.17 General requirements for ignitable, reactive, or incompatible wastes.
(a) The owner or operator must take precautions to prevent accidental ignition or reaction of ignitable or reactive
waste. This waste must be separated and protected from sources of ignition or reaction including but not limited to:
Open flames, smoking, cutting and welding, hot surfaces, frictional heat, sparks (static, electrical, or mechanical),
spontaneous ignition (e.g., from heat-producing chemical reactions), and radiant heat. While ignitable or reactive
waste is being handled, the owner or operator must confine smoking and open flame to specially designated
locations. "No Smoking" signs must be conspicuously placed wherever there is a hazard from ignitable or reactive
waste.
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(b) Where specifically required by other sections of this part, the treatment, storage, or disposal of ignitable or
reactive waste, and the mixture or commingling of incompatible wastes, or incompatible wastes and materials, must
be conducted so that it does not:
(1) Generate extreme heat or pressure, fire or explosion, or violent reaction;
(2) Produce uncontrolled toxic mists, fumes, dusts, or gases in sufficient quantities to threaten human health;
(3) Produce uncontrolled flammable fumes or gases in sufficient quantities to pose a risk of fire or explosions;
(4) Damage the structural integrity of the device or facility containing the waste; or
(5) Through other like means threaten human health or the environment.
§265.18 Location standards.
The placement of any hazardous waste in a salt dome, salt bed formation, underground mine or cave is prohibited,
except for the Department of Energy Waste Isolation Pilot Project in New Mexico.
[50 FR 28749, July 15, 1985]
§ 265.19 Construction quality assurance program.
(a) CQA program. (1) A construction quality assurance (CQA) program is required for all surface impoundment,
waste pile, and landfill units that are required to comply with §§265.221 (a), 265.254, and 265.301 (a). The program
must ensure that the constructed unit meets or exceeds all design criteria and specifications in the permit. The
program must be developed and implemented under the direction of a CQA officer who is a registered professional
engineer.
(2) The CQA program must address the following physical components, where applicable:
(i) Foundations;
(ii) Dikes;
(iii) Low-permeability soil liners;
(iv) Geomembranes (flexible membrane liners);
(v) Leachate collection and removal systems and leak detection systems; and
(vi) Final cover systems.
(b) Written CQA plan. Before construction begins on a unit subject to the CQA program under paragraph (a) of this
section, the owner or operator must develop a written CQA plan. The plan must identify steps that will be used to
monitor and document the quality of materials and the condition and manner of their installation. The CQA plan must
include:
(1) Identification of applicable units, and a description of how they will be constructed.
(2) Identification of key personnel in the development and implementation of the CQA plan, and CQA officer
qualifications.
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(3) A description of inspection and sampling activities for all unit components identified in paragraph (a)(2) of this
section, including observations and tests that will be used before, during, and after construction to ensure that the
construction materials and the installed unit components meet the design specifications. The description must cover:
Sampling size and locations; frequency of testing; data evaluation procedures; acceptance and rejection criteria for
construction materials; plans for implementing corrective measures; and data or other information to be recorded and
retained in the operating record under §265.73.
(c) Contents of program. (1) The CQA program must include observations, inspections, tests, and measurements
sufficient to ensure:
(i) Structural stability and integrity of all components of the unit identified in paragraph (a)(2) of this section;
(ii) Proper construction of all components of the liners, leachate collection and removal system, leak detection
system, and final cover system, according to permit specifications and good engineering practices, and proper
installation of all components (e.g., pipes) according to design specifications;
(iii) Conformity of all materials used with design and other material specifications under §§264.221, 264.251, and
264.301 of this chapter.
(2) The CQA program shall include test fills for compacted soil liners, using the same compaction methods as in the
full-scale unit, to ensure that the liners are constructed to meet the hydraulic conductivity requirements of
§§264.221 (c)(1), 264.251 (c)(1), and 264.301 (c)(1) of this chapter in the field. Compliance with the hydraulic
conductivity requirements must be verified by using in-situ testing on the constructed test fill. The test fill requirement
is waived where data are sufficient to show that a constructed soil liner meets the hydraulic conductivity requirements
of §§264.221(c)(1), 264.251(c)(1), and 264.301 (c)(1) of this chapter in the field.
(d) Certification. The owner or operator of units subject to §265.19 must submit to the Regional Administrator by
certified mail or hand delivery, at least 30 days prior to receiving waste, a certification signed by the CQA officer that
the CQA plan has been successfully carried out and that the unit meets the requirements of §§265.221 (a), 265.254,
or 265.301 (a). The owner or operator may receive waste in the unit after 30 days from the Regional Administrator's
receipt of the CQA certification unless the Regional Administrator determines in writing that the construction is not
acceptable, or extends the review period for a maximum of 30 more days, or seeks additional information from the
owner or operator during this period. Documentation supporting the CQA officer's certification must be furnished to
the Regional Administrator upon request.
[57 FR 3491, Jan. 29, 1992, as amended at 71 FR 40274, July 14, 2006]
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.
§ 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:
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(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:
(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.
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(b) Where State or local authorities decline to enter into such arrangements, the owner or operator must document
the refusal in the operating record.
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.
(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 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 fora 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; 75 FR 13005, Mar. 18, 2010]
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§ 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, 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.
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(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 (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, 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 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.
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(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; 75 FR 13006, Mar. 18, 2010]
Subpart E—Manifest System, Recordkeeping, and Reporting
§ 265.70 Applicability.
(a) The regulations in this subpart apply to owners and operators of both on-site and off-site facilities, except as
§265.1 provides otherwise. Sections 265.71, 265.72, and 265.76 do not apply to owners and operators of on-site
facilities that do not receive any hazardous waste from off-site sources, nor to owners and operators of off-site
facilities with respect to waste military munitions exempted from manifest requirements under 40 CFR 266.203(a).
(b)The revised Manifest form and procedures in 40 CFR 260.10, 261.7, 265.70, 265.71. 265.72, and 265.76, shall
not apply until Septembers, 2006. The Manifest form and procedures in 40 CFR 260.10, 261.7, 265.70, 265.71.
265.72, and 265.76, contained in the 40 CFR, parts 260 to 265, edition revised as of July 1, 2004, shall be applicable
until Septembers, 2006.
[70 FR 10823, Mar. 4, 2005]
§ 265.71 Use of manifest system.
(a)(1) If a facility receives hazardous waste accompanied by a manifest, the owner, operator or his/her agent must
sign and date the manifest as indicated in paragraph (a)(2) of this section to certify that the hazardous waste covered
by the manifest was received, that the hazardous waste was received except as noted in the discrepancy space of
the manifest, or that the hazardous waste was rejected as noted in the manifest discrepancy space.
(2) If a facility receives a hazardous waste shipment accompanied by a manifest, the owner, operator or his/her agent
must:
(i) Sign and date, by hand, each copy of the manifest;
(ii) Note any discrepancies (as defined in §265.72(a)) on each copy of the manifest;
(iii) Immediately give the transporter at least one copy of the manifest;
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(iv) Within 30 days of delivery, send a copy of the manifest to the generator; and
(v) Retain at the facility a copy of each manifest for at least three years from the date of delivery.
(3) If a facility receives hazardous waste imported from a foreign source, the receiving facility must mail a copy of the
manifest and documentation confirming EPA's consent to the import of hazardous waste to the following address
within thirty (30) days of delivery: Office of Enforcement and Compliance Assurance, Office of Federal Activities,
International Compliance Assurance Division (2254A), Environmental Protection Agency, 1200 Pennsylvania Avenue,
NW., Washington, DC 20460.
(b) If a facility receives, from a rail or water (bulk shipment) transporter, hazardous waste which is accompanied by a
shipping paper containing all the information required on the manifest (excluding the EPA identification numbers,
generator's certification, and signatures), the owner or operator, or his agent, must:
(1) Sign and date each copy of the manifest or shipping paper (if the manifest has not been received) to certify that
the hazardous waste covered by the manifest or shipping paper was received;
(2) Note any significant discrepancies (as defined in §265.72(a)) in the manifest or shipping paper (if the manifest has
not been received) on each copy of the manifest or shipping paper;
[ Comment: The Agency does not intend that the owner or operator of a facility whose procedures under
§265.13(c) include waste analysis must perform that analysis before signing the shipping paper and
giving it to the transporter. Section 265.72(b), however, requires reporting an unreconciled discrepancy
discovered during later analysis.]
(3) Immediately give the rail or water (bulk shipment) transporter at least one copy of the manifest or shipping paper
(if the manifest has not been received);
(4) Within 30 days after the delivery, send a copy of the signed and dated manifest or a signed and dated copy of the
shipping paper (if the manifest has not been received within 30 days after delivery) to the generator; and
[ Comment: Section 262.23(c) of this chapter requires the generator to send three copies of the manifest
to the facility when hazardous waste is sent by rail or water (bulk shipment).]
(5) Retain at the facility a copy of the manifest and shipping paper (if signed in lieu of the manifest at the time of
delivery) for at least three years from the date of delivery.
(c) Whenever a shipment of hazardous waste is initiated from a facility, the owner or operator of that facility must
comply with the requirements of part 262 of this chapter.
[ Comment: The provisions of §262.34 are applicable to the on-site accumulation of hazardous wastes 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.]
(d) Within three (3) working days of the receipt of a shipment subject to 40 CFR part 262, subpart H, the owner or
operator of a facility must provide a copy of the movement document bearing all required signatures to the exporter,
to the Office of Enforcement and Compliance Assurance, Office of Federal Activities, International Compliance
Assurance Division (2254A), Environmental Protection Agency, 1200 Pennsylvania Avenue, NW., Washington, DC
20460, and to competent authorities of all other countries concerned. The original copy of the movement document
must be maintained at the facility for at least three (3) years from the date of signature.
(e) A facility must determine whether the consignment state for a shipment regulates any additional wastes (beyond
those regulated Federally) as hazardous wastes under its state hazardous waste program. Facilities must also
determine whether the consignment state or generator state requires the facility to submit any copies of the manifest
to these states.
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[45 FR 33232, May 19, 1980, as amended at 45 FR 86970, 86974, Dec. 31, 1980; 50 FR 4514, Jan. 31, 1985; 61 FR
16315, Apr. 12, 1996; 70 FR 10823, Mar. 4, 2005; 75 FR 1260, Jan. 8, 2010]
§ 265.72 Manifest discrepancies.
(a) Manifest discrepancies are:
(1) Significant differences (as defined by paragraph (b) of this section) 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;
(2) Rejected wastes, which may be a full or partial shipment of hazardous waste that the TSDF cannot accept; or
(3) Container residues, which are residues that exceed the quantity limits for "empty" containers set forth in 40 CFR
261.7(b).
(b) Significant differences in quantity are: For bulk waste, variations greater than 10 percent in weight; for batch
waste, any variation in piece count, such as a discrepancy of one drum in a truckload. Significant differences in type
are obvious differences which can be discovered by inspection or waste analysis, such as waste solvent substituted
for waste acid, or toxic constituents not reported on the manifest or shipping paper.
(c) Upon discovering a significant difference in quantity or type, the owner or operator must attempt to reconcile the
discrepancy with the waste generator or transporter (e.g., with telephone conversations). If the discrepancy is not
resolved within 15 days after receiving the waste, the owner or operator must immediately submit to the Regional
Administrator a letter describing the discrepancy and attempts to reconcile it, and a copy of the manifest or shipping
paper at issue.
(d)(1) Upon rejecting waste or identifying a container residue that exceeds the quantity limits for "empty" containers
set forth in 40 CFR 261.7(b), the facility must consult with the generator prior to forwarding the waste to another
facility that can manage the waste. If it is impossible to locate an alternative facility that can receive the waste, the
facility may return the rejected waste or residue to the generator. The facility must send the waste to the alternative
facility or to the generator within 60 days of the rejection or the container residue identification.
(2) While the facility is making arrangements for forwarding rejected wastes or residues to another facility under this
section, it must ensure that either the delivering transporter retains custody of the waste, or the facility must provide
for secure, temporary custody of the waste, pending delivery of the waste to the first transporter designated on the
manifest prepared under paragraph (e) or (f) of this section.
(e) Except as provided in paragraph (e)(7) of this section, for full or partial load rejections and residues that are to be
sent off-site to an alternate facility, the facility is required to prepare a new manifest in accordance with §262.20(a) of
this chapter and the following instructions:
(1) Write the generator's U.S. EPA ID number in Item 1 of the new manifest. Write the generator's name and mailing
address in Item 5 of the new manifest. If the mailing address is different from the generator's site address, then write
the generator's site address in the designated space in Item 5.
(2) Write the name of the alternate designated facility and the facility's U.S. EPA ID number in the designated facility
block (Item 8) of the new manifest.
(3) Copy the manifest tracking number found in Item 4 of the old manifest to the Special Handling and Additional
Information Block of the new manifest, and indicate that the shipment is a residue or rejected waste from the previous
shipment.
(4) Copy the manifest tracking number found in Item 4 of the new manifest to the manifest reference number line in
the Discrepancy Block of the old manifest (Item 18a).
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(5) Write the DOT description for the rejected load or the residue in Item 9 (U.S. DOT Description) of the new
manifest and write the container types, quantity, and volume(s) of waste.
(6) Sign the Generator's/Offerer's Certification to certify, as the offerer of the shipment, that the waste has been
properly packaged, marked and labeled and is in proper condition for transportation, and mail a signed copy of the
manifest to the generator identified in Item 5 of the new manifest.
(7) For full load rejections that are made while the transporter remains present at the facility, the facility may forward
the rejected shipment to the alternate facility by completing Item 18b of the original manifest and supplying the
information on the next destination facility in the Alternate Facility space. The facility must retain a copy of this
manifest for its records, and then give the remaining copies of the manifest to the transporter to accompany the
shipment. If the original manifest is not used, then the facility must use a new manifest and comply with paragraphs
(e)(1), (2), (3), (4), (5), and (6) of this section.
(f) Except as provided in paragraph (f)(7) of this section, for rejected wastes and residues that must be sent back to
the generator, the facility is required to prepare a new manifest in accordance with §262.20(a) of this chapter and the
following instructions:
(1) Write the facility's U.S. EPA ID number in Item 1 of the new manifest. Write the facility's name and mailing
address in Item 5 of the new manifest. If the mailing address is different from the facility's site address, then write the
facility's site address in the designated space for Item 5 of the new manifest.
(2) Write the name of the initial generator and the generator's U.S. EPA ID number in the designated facility block
(Item 8) of the new manifest.
(3) Copy the manifest tracking number found in Item 4 of the old manifest to the Special Handling and Additional
Information Block of the new manifest, and indicate that the shipment is a residue or rejected waste from the previous
shipment,
(4) Copy the manifest tracking number found in Item 4 of the new manifest to the manifest reference number line in
the Discrepancy Block of the old manifest (Item 18a),
(5) Write the DOT description for the rejected load or the residue in Item 9 (U.S. DOT Description) of the new
manifest and write the container types, quantity, and volume(s) of waste.
(6) Sign the Generator's/Offerer's Certification to certify, as offerer of the shipment, that the waste has been properly
packaged, marked and labeled and is in proper condition for transportation,
(7) For full load rejections that are made while the transporter remains at the facility, the facility may return the
shipment to the generator with the original manifest by completing Item 18a and 18b of the manifest and supplying
the generator's information in the Alternate Facility space. The facility must retain a copy for its records and then give
the remaining copies of the manifest to the transporter to accompany the shipment. If the original manifest is not
used, then the facility must use a new manifest and comply with paragraphs (f)(1), (2), (3), (4), (5), (6), and (8) of this
section.
(8) For full or partial load rejections and container residues contained in non-empty containers that are returned to the
generator, the facility must also comply with the exception reporting requirements in §262.42(a).
(g) If a facility rejects a waste or identifies a container residue that exceeds the quantity limits for "empty" containers
set forth in 40 CFR 261.7(b) after it has signed, dated, and returned a copy of the manifest to the delivering
transporter or to the generator, the facility must amend its copy of the manifest to indicate the rejected wastes or
residues in the discrepancy space of the amended manifest. The facility must also copy the manifest tracking number
from Item 4 of the new manifest to the discrepancy space of the amended manifest, and must re-sign and date the
manifest to certify to the information as amended. The facility must retain the amended manifest for at least three
years from the date of amendment, and must within 30 days, send a copy of the amended manifest to the transporter
and generator that received copies prior to their being amended.
[70 FR 10823, Mar. 4, 2005, as amended at 70 FR 35041, June 16, 2005; 75 FR 13006, Mar. 18, 2010]
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§ 265.73 Operating record.
(a) The owner or operator must keep a written operating record at his facility.
(b) The following information must be recorded, as it becomes available, and maintained in the operating record for
three years unless noted below:
(1) A description and the quantity of each hazardous waste received, and the method(s) and date(s) of its treatment,
storage, or disposal at the facility as required by Appendix I to part 265. This information must be maintained in the
operating record until closure of the facility;
(2) The location of each hazardous waste within the facility and the quantity at each location. For disposal facilities,
the location and quantity of each hazardous waste must be recorded on a map or diagram of each cell or disposal
area. For all facilities, this information must include cross-references to manifest document numbers if the waste was
accompanied by a manifest. This information must be maintained in the operating record until closure of the facility;
[ Comment: See §§265.119, 265.279, and 265.309 for related requirements.]
(3) Records and results of waste analysis, waste determinations, and trial tests performed as specified in §§265.13,
265.200, 265.225, 265.252, 265.273, 265.314, 265.341, 265.375, 265.402, 265.1034, 265.1063, 265.1084, 268.4(a),
and 268.7 of this chapter.
(4) Summary reports and details of all incidents that require implementing the contingency plan as specified in
§265.56G);
(5) Records and results of inspections as required by §265.15(d) (except these data need be kept only three years);
(6) Monitoring, testing or analytical data, and corrective action where required by subpart F of this part and by
§§265.19, 265.94, 265.191, 265.193, 265.195, 265.224, 265.226, 265.255, 265.260, 265.276, 265.278,
265.280(d)(1), 265.302, 265.304, 265.347, 265.377, 265.1034(c) through 265.1034(f), 265.1035, 265.1063(d)
through 265. 265.1063(1), 265.1064, and 265.1083 through 265.1090. Maintain in the operating record for three
years, except for records and results pertaining to ground-water monitoring and cleanup, and response action plans
for surface impoundments, waste piles, and landfills, which must be maintained in the operating record until closure
of the facility.
[ Comment: As required by §265.94, monitoring data at disposal facilities must be kept throughout the
post-closure period.]
(7) All closure cost estimates under §265.142 and, for disposal facilities, all post-closure cost estimates under
§265.144 must be maintained in the operating record until closure of the facility.
(8) Records of the quantities (and date of placement) for each shipment of hazardous waste placed in land disposal
units under an extension to the effective date of any land disposal restriction granted pursuant to §268.5 of this
chapter, monitoring data required pursuant to a petition under §268.6 of this chapter, or a certification under §268.8 of
this chapter, and the applicable notice required by a generator under §268.7(a) of this chapter. All of this information
must be maintained in the operating record until closure of the facility.
(9) For an off-site treatment facility, a copy of the notice, and the certification and demonstration if applicable,
required by the generator or the owner or operator under §268.7 or §268.8;
(10) For an on-site treatment facility, the information contained in the notice (except the manifest number), and the
certification and demonstration if applicable, required by the generator or the owner or operator under §268.7 or
§268.8;
(11) For an off-site land disposal facility, a copy of the notice, and the certification and demonstration if applicable,
required by the generator or the owner or operator of a treatment facility under §268.7 or §268.8;
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(12) For an on-site land disposal facility, the information contained in the notice (except the manifest number), and
the certification and demonstration if applicable, required by the generator or the owner or operator of a treatment
facility under §268.7 or §268.8.
(13) For an off-site storage facility, a copy of the notice, and the certification and demonstration if applicable, required
by the generator or the owner or operator under §268.7 or §268.8; and
(14) For an on-site storage facility, the information contained in the notice (except the manifest number), and the
certification and demonstration if applicable, required by the generator or the owner or operator of a treatment facility
under §268.7 or §268.8.
(15) Monitoring, testing or analytical data, and corrective action where required by §§265.90, 265.93(d)(2), and
265.93(d)(5), and the certification as required by §265.196(f) must be maintained in the operating record until closure
of the facility.
[45 FR 33232, May 19, 1980, as amended at 50 FR 4514, Jan. 31, 1985; 50 FR 18374, Apr. 30, 1985; 51 FR 40638,
Nov. 7, 1986; 53 FR 31211, Aug. 17, 1988; 54 FR 26648, June 23, 1989; 55 FR 25507, June 21, 1990; 56 FR 19290,
Apr. 26, 1991; 57 FR 3492, Jan. 29, 1992; 59 FR 62935, Dec. 6, 1994; 62 FR 64661, Dec. 8, 1997; 71 FR 16908,
Apr. 4, 2006]
§ 265.74 Availability, retention, and disposition of records.
(a) All records, including plans, required under this part must be furnished upon request, and made available at all
reasonable times for inspection, by any officer, employee, or representative of EPA who is duly designated by the
Administrator.
(b) The retention period for all records required under this part is extended automatically during the course of any
unresolved enforcement action regarding the facility or as requested by the Administrator.
(c) A copy of records of waste disposal locations and quantities under §265.73(b)(2) must be submitted to the
Regional Administrator and local land authority upon closure of the facility (see §265.119).
[45 FR 33232, May 19, 1980, as amended at 50 FR 4514, Jan. 31, 1985]
§ 265.75 Biennial report.
The owner or operator 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 8700-13B. The report
must cover facility activities during the previous calendar year and must include the following information:
(a) The EPA identification number, name, and address of the facility;
(b) The calendar year covered by the report;
(c) For off-site facilities, the EPA identification number of each hazardous waste generator from which the facility
received a hazardous waste during the year; for imported shipments, the report must give the name and address of
the foreign generator;
(d) A description and the quantity of each hazardous waste the facility received during the year. For off-site facilities,
this information must be listed by EPA identification number of each generator;
(e) The method of treatment, storage, or disposal for each hazardous waste;
(f) Monitoring data under §265.94(a)(2)(ii) and (iii), and (b)(2), where required;
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(g)The most recent closure cost estimate under §265.142, and, for disposal facilities, the most recent post-closure
cost estimate under §265.144; and
(h) For generators who treat, store, or dispose of hazardous waste on-site, a description of the efforts undertaken
during the year to reduce the volume and toxicity of waste generated.
(i) For generators who treat, store, or dispose of hazardous waste on-site, 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 the years prior to 1984.
(j) The certification signed by the owner or operator of the facility or his authorized representative.
[45 FR 33232, May 19, 1980, as amended at 48 FR 3982, Jan. 28, 1983; 50 FR 4514, Jan. 31, 1985; 51 FR 28556,
Aug. 8, 1986]
§ 265.76 Unmanifested waste report.
(a) If a facility accepts for treatment, storage, or disposal any hazardous waste from an off-site source without an
accompanying manifest, or without an accompanying shipping paper as described by §263.20(e) of this chapter, and
if the waste is not excluded from the manifest requirement by this chapter, then the owner or operator must prepare
and submit a letter to the Regional Administrator within fifteen days after receiving the waste. The unmanifested
waste report must contain the following information:
(1)The EPA identification number, name and address of the facility;
(2) The date the facility received the waste;
(3) The EPA identification number, name and address of the generator and the transporter, if available;
(4) A description and the quantity of each unmanifested hazardous waste the facility received;
(5) The method of treatment, storage, or disposal for each hazardous waste;
(6) The certification signed by the owner or operator of the facility or his authorized representative; and
(7) A brief explanation of why the waste was unmanifested, if known.
(b) [Reserved]
[70 FR 10824, Mar. 4, 2005]
§ 265.77 Additional reports.
In addition to submitting the biennial report and unmanifested waste reports described in §§265.75 and 265.76, the
owner or operator must also report to the Regional Administrator:
(a) Releases, fires, and explosions as specified in §265.56(j);
(b) Ground-water contamination and monitoring data as specified in §§265.93 and 265.94; and
(c) Facility closure as specified in §265.115.
(d) As otherwise required by Subparts AA, BB, and CC of this part.
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[45 FR 33232, May 19, 1980, as amended at 48 FR 3982, Jan. 28, 1983; 55 FR 25507, June 21, 1990; 59 FR 62935,
Dec. 6, 1994]
F—Ground-Water
§ 265.90 Applicability.
(a) Within one year after the effective date of these regulations, the owner or operator of a surface impoundment,
landfill, or land treatment facility which is used to manage hazardous waste must implement a ground-water
monitoring program capable of determining the facility's impact on the quality of ground water in the uppermost
aquifer underlying the facility, except as §265.1 and paragraph (c) of this section provide otherwise.
(b) Except as paragraphs (c) and (d) of this section provide otherwise, the owner or operator must install, operate,
and maintain a ground-water monitoring system which meets the requirements of §265.91, and must comply with
§§265.92 through 265.94. This ground-water monitoring program must be carried out during the active life of the
facility, and for disposal facilities, during the post-closure care period as well.
(c) All or part of the ground-water monitoring requirements of this subpart may be waived if the owner or operator can
demonstrate that there is a low potential for migration of hazardous waste or hazardous waste constituents from the
facility via the uppermost aquifer to water supply wells (domestic, industrial, or agricultural) or to surface water. This
demonstration must be in writing, and must be kept at the facility. This demonstration must be certified by a qualified
geologist or geotechnical engineer and must establish the following:
(1) The potential for migration of hazardous waste or hazardous waste constituents from the facility to the uppermost
aquifer, by an evaluation of:
(i) A water balance of precipitation, evapotranspiration, runoff, and infiltration; and
(ii) Unsaturated zone characteristics (i.e., geologic materials, physical properties, and depth to ground water); and
(2) The potential for hazardous waste or hazardous waste constituents which enter the uppermost aquifer to migrate
to a water supply well or surface water, by an evaluation of:
(i) Saturated zone characteristics (i.e., geologic materials, physical properties, and rate of ground-water flow); and
(ii) The proximity of the facility to water supply wells or surface water.
(d) If an owner or operator assumes (or knows) that ground-water monitoring of indicator parameters in accordance
with §§265.91 and 265.92 would show statistically significant increases (or decreases in the case of pH) when
evaluated under §265.93(b), he may install, operate, and maintain an alternate ground-water monitoring system
(other than the one described in §§265.91 and 265.92). If the owner or operator decides to use an alternate ground-
water monitoring system he must:
(1) Within one year after the effective date of these regulations, develop a specific plan, certified by a qualified
geologist or geotechnical engineer, which satisfies the requirements of §265.93(d)(3), for an alternate ground-water
monitoring system. This plan is to be placed in the facility's operating record and maintained until closure of the
facility.
(2) Not later than one year after the effective date of these regulations, initiate the determinations specified in
§265.93(d)(4);
(3) Prepare a report in accordance with §265.93(d)(5) and place it in the facility's operating record and maintain until
closure of the facility.
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(4) Continue to make the determinations specified in §265.93(d)(4) on a quarterly basis until final closure of the
facility; and
(5) Comply with the recordkeeping and reporting requirements in §265.94(b).
(e) The ground-water monitoring requirements of this subpart may be waived with respect to any surface
impoundment that (1) Is used to neutralize wastes which are hazardous solely because they exhibit the corrosivity
characteristic under §261.22 of this chapter or are listed as hazardous wastes in subpart D of part 261 of this chapter
only for this reason, and (2) contains no other hazardous wastes, if the owner or operator can demonstrate that there
is no potential for migration of hazardous wastes from the impoundment. The demonstration must establish, based
upon consideration of the characteristics of the wastes and the impoundment, that the corrosive wastes will be
neutralized to the extent that they no longer meet the corrosivity characteristic before they can migrate out of the
impoundment. The demonstration must be in writing and must be certified by a qualified professional.
(f) The Regional Administrator may replace all or part of the requirements of this subpart applying to a regulated unit
(as defined in 40 CFR 264.90), with alternative requirements developed for groundwater monitoring set out in an
approved closure or post-closure plan or in an enforceable document (as defined in 40 CFR 270.1(c)(7)), where the
Regional Administrator determines that:
(1) A regulated unit is situated among solid waste management units (or areas of concern), a release has occurred,
and both the regulated unit and one or more solid waste management unit(s) (or areas of concern) are likely to have
contributed to the release; and
(2) It is not necessary to apply the requirements of this subpart because the alternative requirements will protect
human health and the environment. The alternative standards for the regulated unit must meet the requirements of 40
CFR 264.101(a).
[45 FR 33232, May 19, 1980, as amended at 47 FR 1255, Jan. 11, 1982; 50 FR 4514, Jan. 31, 1985; 63 FR 56734,
Oct. 22, 1998; 71 FR 16909, Apr. 4, 2006; 71 FR 40274, July 14, 2006]
§ 265.91 Ground-water monitoring system.
(a) A ground-water monitoring system must be capable of yielding ground-water samples for analysis and must
consist of:
(1) Monitoring wells (at least one) installed hydraulically upgradient (i.e., in the direction of increasing static head)
from the limit of the waste management area. Their number, locations, and depths must be sufficient to yield ground-
water samples that are:
(i) Representative of background ground-water quality in the uppermost aquifer near the facility; and
(ii) Not affected by the facility; and
(2) Monitoring wells (at least three) installed hydraulically downgradient (i.e., in the direction of decreasing static
head) at the limit of the waste management area. Their number, locations, and depths must ensure that they
immediately detect any statistically significant amounts of hazardous waste or hazardous waste constituents that
migrate from the waste management area to the uppermost aquifer.
(3) The facility owner or operator may demonstrate that an alternate hydraulically downgradient monitoring well
location will meet the criteria outlined below. The demonstration must be in writing and kept at the facility. The
demonstration must be certified by a qualified ground-water scientist and establish that:
(i) An existing physical obstacle prevents monitoring well installation at the hydraulically downgradient limit of the
waste management area; and
(ii) The selected alternate downgradient location is as close to the limit of the waste management area as practical;
and
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(iii) The location ensures detection that, given the alternate location, is as early as possible of any statistically
significant amounts of hazardous waste or hazardous waste constituents that migrate from the waste management
area to the uppermost aquifer.
(iv) Lateral expansion, new, or replacement units are not eligible for an alternate downgradient location under this
paragraph.
(b) Separate monitoring systems for each waste management component of a facility are not required provided that
provisions for sampling upgradient and downgradient water quality will detect any discharge from the waste
management area.
(1) In the case of a facility consisting of only one surface impoundment, landfill, or land treatment area, the waste
management area is described by the waste boundary (perimeter).
(2) In the case of a facility consisting of more than one surface impoundment, landfill, or land treatment area, the
waste management area is described by an imaginary boundary line which circumscribes the several waste
management components.
(c) All monitoring wells must be cased in a manner that maintains the integrity of the monitoring well bore hole. This
casing must be screened or perforated, and packed with gravel or sand where necessary, to enable sample collection
at depths where appropriate aquifer flow zones exist. The annular space (i.e., the space between the bore hole and
well casing) above the sampling depth must be sealed with a suitable material (e.g., cement grout or bentonite slurry)
to prevent contamination of samples and the ground water.
[45 FR 33232, May 19, 1980, as amended at 50 FR 4514, Jan. 31, 1985; 56 FR 66369, Dec. 23, 1991]
§ 265.92 Sampling and analysis.
(a) The owner or operator must obtain and analyze samples from the installed ground-water monitoring system. The
owner or operator must develop and follow a ground-water sampling and analysis plan. He must keep this plan at the
facility. The plan must include procedures and techniques for:
(1) Sample collection;
(2) Sample preservation and shipment;
(3) Analytical procedures; and
(4) Chain of custody control.
[ Comment: See "Procedures Manual For Ground-water Monitoring At Solid Waste Disposal Facilities,"
EPA-530/SW-611, August 1977 and "Methods for Chemical Analysis of Water and Wastes," EPA-
600/4-79-020, March 1979 for discussions of sampling and analysis procedures.]
(b) The owner or operator must determine the concentration or value of the following parameters in ground-water
samples in accordance with paragraphs (c) and (d) of this section:
(1) Parameters characterizing the suitability of the ground water as a drinking water supply, as specified in appendix
III.
(2) Parameters establishing ground-water quality:
(i) Chloride
(ii) Iron
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(iii) Manganese
(iv) Phenols
(v) Sodium
(vi) Sulfate
[ Comment: These parameters are to be used as a basis for comparison in the event a ground-water
quality assessment is required under §265.93(d).]
(3) Parameters used as indicators of ground-water contamination:
(i)pH
(ii) Specific Conductance
(iii) Total Organic Carbon
(iv) Total Organic Halogen
(c)(1) For all monitoring wells, the owner or operator must establish initial background concentrations or values of all
parameters specified in paragraph (b) of this section. He must do this quarterly for one year.
(2) For each of the indicator parameters specified in paragraph (b)(3) of this section, at least four replicate
measurements must be obtained for each sample and the initial background arithmetic mean and variance must be
determined by pooling the replicate measurements for the respective parameter concentrations or values in samples
obtained from upgradient wells during the first year.
(d) After the first year, all monitoring wells must be sampled and the samples analyzed with the following frequencies:
(1) Samples collected to establish ground-water quality must be obtained and analyzed for the parameters specified
in paragraph (b)(2) of this section at least annually.
(2) Samples collected to indicate ground-water contamination must be obtained and analyzed for the parameters
specified in paragraph (b)(3) of this section at least semi-annually.
(e) Elevation of the ground-water surface at each monitoring well must be determined each time a sample is
obtained.
[45 FR 33232, May 19, 1980, as amended at 50 FR 4514, Jan. 31, 1985]
§ 265.93 Preparation, evaluation, and response.
(a) Within one year after the effective date of these regulations, the owner or operator must prepare an outline of a
ground-water quality assessment program. The outline must describe a more comprehensive ground-water
monitoring program (than that described in §§265.91 and 265.92) capable of determining:
(1) Whether hazardous waste or hazardous waste constituents have entered the ground water;
(2) The rate and extent of migration of hazardous waste or hazardous waste constituents in the ground water; and
(3) The concentrations of hazardous waste or hazardous waste constituents in the ground water.
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(b) For each indicator parameter specified in §265.92(b)(3), the owner or operator must calculate the arithmetic mean
and variance, based on at least four replicate measurements on each sample, for each well monitored in accordance
with §265.92(d)(2), and compare these results with its initial background arithmetic mean. The comparison must
consider individually each of the wells in the monitoring system, and must use the Student's t-test at the 0.01 level of
significance (see appendix IV) to determine statistically significant increases (and decreases, in the case of pH) over
initial background.
(c)(1) If the comparisons for the upgradientwe\\s made under paragraph (b) of this section show a significant
increase (or pH decrease), the owner or operator must submit this information in accordance with §265.94(a)(2)(ii).
(2) If the comparisons for downgradient wells made under paragraph (b) of this section show a significant increase (or
pH decrease), the owner or operator must then immediately obtain additional ground-water samples from those
downgradient wells where a significant difference was detected, split the samples in two, and obtain analyses of all
additional samples to determine whether the significant difference was a result of laboratory error.
(d)(1) If the analyses performed under paragraph (c)(2) of this section confirm the significant increase (or pH
decrease), the owner or operator must provide written notice to the Regional Administrator—within seven days of the
date of such confirmation—that the facility may be affecting ground-water quality.
(2) Within 15 days after the notification under paragraph (d)(1) of this section, the owner or operator must develop a
specific plan, based on the outline required under paragraph (a) of this section and certified by a qualified geologist or
geotechnical engineer, for a ground-water quality assessment at the facility. This plan must be placed in the facility
operating record and be maintained until closure of the facility.
(3) The plan to be submitted under §265.90(d)(1) or paragraph (d)(2) of this section must specify:
(i) The number, location, and depth of wells;
(ii) Sampling and analytical methods for those hazardous wastes or hazardous waste constituents in the facility;
(iii) Evaluation procedures, including any use of previously-gathered ground-water quality information; and
(iv) A schedule of implementation.
(4) The owner or operator must implement the ground-water quality assessment plan which satisfies the
requirements of paragraph (d)(3) of this section, and, at a minimum, determine:
(i) The rate and extent of migration of the hazardous waste or hazardous waste constituents in the ground water; and
(ii) The concentrations of the hazardous waste or hazardous waste constituents in the ground water.
(5) The owner or operator must make his first determination under paragraph (d)(4) of this section, as soon as
technically feasible, and prepare a report containing an assessment of ground-water quality. This report must be
placed in the facility operating record and be maintained until closure of the facility.
(6) If the owner or operator determines, based on the results of the first determination under paragraph (d)(4) of this
section, that no hazardous waste or hazardous waste constituents from the facility have entered the ground water,
then he may reinstate the indicator evaluation program described in §265.92 and paragraph (b) of this section. If the
owner or operator reinstates the indicator evaluation program, he must so notify the Regional Administrator in the
report submitted under paragraph (d)(5) of this section.
(7) If the owner or operator determines, based on the first determination under paragraph (d)(4) of this section, that
hazardous waste or hazardous waste constituents from the facility have entered the ground water, then he:
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(i) Must continue to make the determinations required under paragraph (d)(4) of this section on a quarterly basis until
final closure of the facility, if the ground-water quality assessment plan was implemented prior to final closure of the
facility; or
(ii) May cease to make the determinations required under paragraph (d)(4) of this section, if the ground-water quality
assessment plan was implemented during the post-closure care period.
(e) Notwithstanding any other provision of this subpart, any ground-water quality assessment to satisfy the
requirements of §265.93(d)(4) which is initiated prior to final closure of the facility must be completed and reported in
accordance with §265.93(d)(5).
(f) Unless the ground water is monitored to satisfy the requirements of §265.93(d)(4), at least annually the owner or
operator must evaluate the data on ground-water surface elevations obtained under §265.92(e) to determine whether
the requirements under §265.91 (a) for locating the monitoring wells continues to be satisfied. If the evaluation shows
that §265.91 (a) is no longer satisfied, the owner or operator must immediately modify the number, location, or depth
of the monitoring wells to bring the ground-water monitoring system into compliance with this requirement.
[45 FR 33232, May 19, 1980, as amended at 50 FR 4514, Jan. 31, 1985; 71 FR 16909, Apr. 4, 2006]
§ 265.94 Recordkeeping and reporting.
(a) Unless the ground water is monitored to satisfy the requirements of §265.93(d)(4), the owner or operator must:
(1) Keep records of the analyses required in §265.92(c) and (d), the associated ground-water surface elevations
required in §265.92(e), and the evaluations required in §265.93(b) throughout the active life of the facility, and, for
disposal facilities, throughout the post-closure care period as well; and
(2) Report the following ground-water monitoring information to the Regional Administrator:
(i) During the first year when initial background concentrations are being established for the facility: concentrations or
values of the parameters listed in §265.92(b)(1) for each ground-water monitoring well within 15 days after
completing each quarterly analysis. The owner or operator must separately identify for each monitoring well any
parameters whose concentration or value has been found to exceed the maximum contaminant levels listed in
appendix III.
(ii) Annually: Concentrations or values of the parameters listed in §265.92(b)(3) for each ground-water monitoring
well, along with the required evaluations for these parameters under §265.93(b). The owner or operator must
separately identify any significant differences from initial background found in the upgradient wells, in accordance
with §265.93(c)(1). During the active life of the facility, this information must be submitted no later than March 1
following each calendar year.
(iii) No later than March 1 following each calendar year: Results of the evaluations of ground-water surface elevations
under §265.93(f), and a description of the response to that evaluation, where applicable.
(b) If the ground water is monitored to satisfy the requirements of §265.93(d)(4), the owner or operator must:
(1) Keep records of the analyses and evaluations specified in the plan, which satisfies the requirements of
§265.93(d)(3), throughout the active life of the facility, and, for disposal facilities, throughout the post-closure care
period as well; and
(2) Annually, until final closure of the facility, submit to the Regional Administrator a report containing the results of his
or her ground-water quality assessment program which includes, but is not limited to, the calculated (or measured)
rate of migration of hazardous waste or hazardous waste constituents in the ground water during the reporting period.
This information must be submitted no later than March 1 following each calendar year.
[45 FR 33232, May 19, 1980, as amended at 48 FR 3982, Jan. 28, 1983; 50 FR 4514, Jan. 31, 1985]
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G—
Source: 51 FR 16451, May 2, 1986, unless otherwise noted.
§265.110 Applicability.
Except as §265.1 provides otherwise:
(a) Sections 265.111 through 265.115 (which concern closure) apply to the owners and operators of all hazardous
waste management facilities; and
(b) Sections 265.116 through 265.120 (which concern post-closure care) apply to the owners and operators of:
(1) All hazardous waste disposal facilities;
(2) Waste piles and surface impoundments for which the owner or operator intends to remove the wastes at closure
to the extent that these sections are made applicable to such facilities in §265.228 or §265.258;
(3) Tank systems that are required under §265.197 to meet requirements for landfills; and
(4) Containment buildings that are required under §265.1102 to meet the requirement for landfills.
(c) Section 265.121 applies to owners and operators of units that are subject to the requirements of 40 CFR
270.1(c)(7) and are regulated under an enforceable document (as defined in 40 CFR 270.1(c)(7)).
(d) The Regional Administrator may replace all or part of the requirements of this subpart (and the unit-specific
standards in §265.111(c)) applying to a regulated unit (as defined in 40 CFR 264.90), with alternative requirements
for closure set out in an approved closure or post-closure plan, or in an enforceable document (as defined in 40 CFR
270.1(c)(7)), where the Regional Administrator determines that:
(1) A regulated unit is situated among solid waste management units (or areas of concern), a release has occurred,
and both the regulated unit and one or more solid waste management unit(s) (or areas of concern) are likely to have
contributed to the release, and
(2) It is not necessary to apply the closure requirements of this subpart (and/or those referenced herein) because the
alternative requirements will protect human health and the environment, and will satisfy the closure performance
standard of §265.111 (a) and (b).
[51 FR 16451, May 2, 1986, as amended at 51 FR 25479, July 14, 1986; 53 FR 34086, Sept. 2, 1988; 57 FR 37267,
Aug. 18, 1992; 63 FR 56734, Oct. 22, 1998; 71 FR 40274, July 14, 2006]
§ 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.
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[51 FR 16451, May 2, 1986, as amended at 57 FR 37267, Aug. 18, 1992; 71 FR 40275, July 14, 2006]
§ 265.112 Closure plan; amendment of plan.
(a) Written plan. By May 19, 1981, or by six months after the effective date of the rule that first subjects a facility to
provisions of this section, the owner or operator of a hazardous waste management facility must have a written
closure plan. Until final closure is completed and certified in accordance with §265.115, a copy of the most current
plan must be furnished to the Regional Administrator upon request, including request by mail. In addition, for facilities
without approved plans, it must also be provided during site inspections, on the day of inspection, to any officer,
employee, or representative of the Agency who is duly designated by the Administrator.
(b) Content of plan. The plan must identify steps necessary to perform partial and/or final closure of the facility at any
point during its active life. The closure plan must include, at least:
(1) A description of how each hazardous waste management unit at the facility will be closed in accordance with
§265.111; and
(2) A description of how final closure of the facility will be conducted in accordance with §265.111. The description
must identify the maximum extent of the operation which will be unclosed during the active life of the facility; and
(3) An estimate of the maximum inventory of hazardous wastes ever on-site over the active life of the facility and a
detailed description of the methods to be used during partial and final closure, including, but not limited to methods
for removing, transporting, treating, storing or disposing of all hazardous waste, identification of and the type(s) of off-
site hazardous waste management unit(s) to be used, if applicable; and
(4) A detailed description of the steps needed to remove or decontaminate all hazardous waste residues and
contaminated containment system components, equipment, structures, and soils during partial and final closure
including, but not limited to, procedures for cleaning equipment and removing contaminated soils, methods for
sampling and testing surrounding soils, and criteria for determining the extent of decontamination necessary to satisfy
the closure performance standard; and
(5) A detailed description of other activities necessary during the partial and final closure periods to ensure that all
partial closures and final closure satisfy the closure performance standards, including, but not limited to, ground-water
monitoring, leachate collection, and run-on and run-off control; and
(6) A schedule for closure of each hazardous waste management unit and for final closure of the facility. The
schedule must include, at a minimum, the total time required to close each hazardous waste management unit and
the time required for intervening closure activities which will allow tracking of the progress of partial and final closure.
(For example, in the case of a landfill unit, estimates of the time required to treat or dispose of all hazardous waste
inventory and of the time required to place a final cover must be included.); and
(7) An estimate of the expected year of final closure for facilities that use trust funds to demonstrate financial
assurance under §265.143 or §265.145 and whose remaining operating life is less than twenty years, and for facilities
without approved closure plans.
(8) For facilities where the Regional Administrator has applied alternative requirements at a regulated unit under
§§265.90(f), 265.110(d), and/or 265.140(d), either the alternative requirements applying to the regulated unit, or a
reference to the enforceable document containing those alternative requirements.
(c) Amendment of plan. The owner or operator may amend the closure plan at any time prior to the notification of
partial or final closure of the facility. An owner or operator with an approved closure plan must submit a written
request to the Regional Administrator to authorize a change to the approved closure plan. The written request must
include a copy of the amended closure plan for approval by the Regional Administrator.
(1) The owner or operator must amend the closure plan whenever:
(i) Changes in operating plans or facility design affect the closure plan, or
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(ii) There is a change in the expected year of closure, if applicable, or
(iii) In conducting partial or final closure activities, unexpected events require a modification of the closure plan.
(iv) The owner or operator requests the Regional Administrator to apply alternative requirements to a regulated unit
under §§265.90(f), 265.110(d), and/or 265.140(d).
(2) The owner or operator must amend the closure plan at least 60 days prior to the proposed change in facility
design or operation, or no later than 60 days after an unexpected event has occurred which has affected the closure
plan. If an unexpected event occurs during the partial or final closure period, the owner or operator must amend the
closure plan no later than 30 days after the unexpected event. These provisions also apply to owners or operators of
surface impoundments and waste piles who intended to remove all hazardous wastes at closure, but are required to
close as landfills in accordance with §265.310.
(3) An owner or operator with an approved closure plan must submit the modified plan to the Regional Administrator
at least 60 days prior to the proposed change in facility design or operation, or no more than 60 days after an
unexpected event has occurred which has affected the closure plan. If an unexpected event has occurred during the
partial or final closure period, the owner or operator must submit the modified plan no more than 30 days after the
unexpected event. These provisions also apply to owners or operators of surface impoundments and waste piles who
intended to remove all hazardous wastes at closure but are required to close as landfills in accordance with
§265.310. If the amendment to the plan is a Class 2 or 3 modification according to the criteria in §270.42, the
modification to the plan will be approved according to the procedures in §265.112(d)(4).
(4) The Regional Administrator may request modifications to the plan under the conditions described in paragraph
(c)(1) of this section. An owner or operator with an approved closure plan must submit the modified plan within 60
days of the request from the Regional Administrator, or within 30 days if the unexpected event occurs during partial or
final closure. If the amendment is considered a Class 2 or 3 modification according to the criteria in §270.42, the
modification to the plan will be approved in accordance with the procedures in §265.112(d)(4).
(d) Notification of partial closure and final closure. (1) The owner or operator must submit the closure plan to the
Regional Administrator at least 180 days prior to the date on which he expects to begin closure of the first surface
impoundment, waste pile, land treatment, or landfill unit, or final closure if it involves such a unit, whichever is earlier.
The owner or operator must submit the closure plan to the Regional Administrator at least 45 days prior to the date
on which he expects to begin partial or final closure of a boiler or industrial furnace. The owner or operator must
submit the closure plan to the Regional Administrator at least 45 days prior to the date on which he expects to begin
final closure of a facility with only tanks, container storage, or incinerator units. Owners or operators with approved
closure plans must notify the Regional Administrator in writing at least 60 days prior to the date on which he expects
to begin closure of a surface impoundment, waste pile, landfill, or land treatment unit, or final closure of a facility
involving such a unit. Owners or operators with approved closure plans must notify the Regional Administrator in
writing at least 45 days prior to the date on which he expects to begin partial or final closure of a boiler or industrial
furnace. Owners or operators with approved closure plans must notify the Regional Administrator in writing at least 45
days prior to the date on which he expects to begin final closure of a facility with only tanks, container storage, or
incinerator units.
(2) The date when he "expects to begin closure" must be either:
(i) Within 30 days after the date on which any hazardous waste management unit receives the known final volume of
hazardous wastes, or, if there is a reasonable possibility that the hazardous waste management unit will receive
additional hazardous wastes, no later than one year after the date on which the unit received the most recent volume
of hazardous waste. If the owner or operator of a hazardous waste management unit can demonstrate to the
Regional Administrator that the hazardous waste management unit or facility has the capacity to receive additional
hazardous wastes and he has taken, and will continue to take, all steps to prevent threats to human health and the
environment, including compliance with all interim status requirements, the Regional Administrator may approve an
extension to this one-year limit; or
(ii) For units meeting the requirements of §265.113(d), no later than 30 days after the date on which the hazardous
waste management unit receives the known final volume of nonhazardous wastes, or if there is a reasonable
possibility that the hazardous waste management unit will receive additional nonhazardous wastes, no later than one
year after the date on which the unit received the most recent volume of nonhazardous wastes. If the owner or
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operator can demonstrate to the Regional Administrator that the hazardous waste management unit has the capacity
to receive additional nonhazardous wastes and he has taken, and will continue to take, all steps to prevent threats to
human health and the environment, including compliance with all applicable interim status requirements, the Regional
Administrator may approve an extension to this one-year limit.
(3) The owner or operator must submit his closure plan to the Regional Administrator no later than 15 days after:
(i) Termination of interim status except when a permit is issued simultaneously with termination of interim status; or
(ii) Issuance of a judicial decree or final order under section 3008 of RCRA to cease receiving hazardous wastes or
close.
(4) The Regional Administrator will provide the owner or operator and the public, through a newspaper notice, the
opportunity to submit written comments on the plan and request modifications to the plan no later than 30 days from
the date of the notice. He will also, in response to a request or at his own discretion, hold a public hearing whenever
such a hearing might clarify one or more issues concerning a closure plan. The Regional Administrator will give public
notice of the hearing at least 30 days before it occurs. (Public notice of the hearing may be given at the same time as
notice of the opportunity for the public to submit written comments, and the two notices may be combined.) The
Regional Administrator will approve, modify, or disapprove the plan within 90 days of its receipt. If the Regional
Administrator does not approve the plan he shall provide the owner or operator with a detailed written statement of
reasons for the refusal and the owner or operator must modify the plan or submit a new plan for approval within 30
days after receiving such written statement. The Regional Administrator will approve or modify this plan in writing
within 60 days. If the Regional Administrator modifies the plan, this modified plan becomes the approved closure
plan. The Regional Administrator must assure that the approved plan is consistent with §§265.111 through 265.115
and the applicable requirements of subpart F of this part, and §§265.197, 265.228, 265.258, 265.280, 265.310,
265.351, 265.381, 265.404, and 265.1102. A copy of the modified plan with a detailed statement of reasons for the
modifications must be mailed to the owner or operator.
(e) Removal of wastes and decontamination or dismantling of equipment. Nothing in this section shall preclude the
owner or operator from removing hazardous wastes and decontaminating or dismantling equipment in accordance
with the approved partial or final closure plan at any time before or after notification of partial or final closure.
[51 FR 16451, May 2, 1986, as amended at 54 FR 37935, Sept. 28, 1988; 56 FR 7207, Feb. 21, 1991; 56 FR 42512,
Aug. 27, 1991; 57 FR 37267, Aug. 18, 1992; 63 FR 56734, Oct. 22, 1998; 71 FR 40275, July 14, 2006]
§ 265.113 Closure; time allowed for closure.
(a) Within 90 days after receiving the final volume of hazardous wastes, or the final volume of nonhazardous wastes
if the owner or operator complies with all applicable requirements in paragraphs (d) and (e) of this section, at a
hazardous waste management unit or facility, or within 90 days after approval of the closure plan, whichever is later,
the owner or operator must treat, remove from the unit or facility, or dispose of on-site, all hazardous wastes in
accordance with the approved closure plan. The Regional Administrator may approve a longer period if the owner or
operator demonstrates that:
(1)(i) The activities required to comply with this paragraph will, of necessity, take longer than 90 days to complete; or
(ii)(A) The hazardous waste management unit or facility has the capacity to receive additional hazardous wastes, or
has the capacity to receive non-hazardous wastes if the facility owner or operator complies with paragraphs (d) and
(e) of this section; and
(B) There is a reasonable likelihood that he or another person will recommence operation of the hazardous waste
management unit or the facility within one year; and
(C) Closure of the hazardous waste management unit or facility would be incompatible with continued operation of
the site; and
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(2) He has taken and will continue to take all steps to prevent threats to human health and the environment, including
compliance with all applicable interim status requirements.
(b) The owner or operator must complete partial and final closure activities in accordance with the approved closure
plan and within 180 days after receiving the final volume of hazardous wastes, or the final volume of nonhazardous
wastes if the owner or operator complies with all applicable requirements in paragraphs (d) and (e) of this section, at
the hazardous waste management unit or facility, or 180 days after approval of the closure plan, if that is later. The
Regional Administrator may approve an extension to the closure period if the owner or operator demonstrates that:
(1)(i) The partial or final closure activities will, of necessity, take longer than 180 days to complete; or
(ii)(A) The hazardous waste management unit or facility has the capacity to receive additional hazardous wastes, or
has the capacity to receive non-hazardous wastes if the facility owner or operator complies with paragraphs (d) and
(e) of this section; and
(B) There is reasonable likelihood that he or another person will recommence operation of the hazardous waste
management unit or the facility within one year; and
(C) Closure of the hazardous waste management unit or facility would be incompatible with continued operation of
the site; and
(2) He has taken and will continue to take all steps to prevent threats to human health and the environment from the
unclosed but not operating hazardous waste management unit or facility, including compliance with all applicable
interim status requirements.
(c)The demonstrations referred to in paragraphs (a)(1) and (b)(1) of this section must be made as follows:
(1) The demonstrations in paragraph (a)(1) of this section must be made at least 30 days prior to the expiration of the
90-day period in paragraph (a) of this section; and
(2) The demonstration in paragraph (b)(1) of this section must be made at least 30 days prior to the expiration of the
180-day period in paragraph (b) of this section, unless the owner or operator is otherwise subject to the deadlines in
paragraph (d) of this section.
(d) The Regional Administrator may allow an owner or operator to receive non-hazardous wastes in a landfill, land
treatment, or surface impoundment unit after the final receipt of hazardous wastes at that unit if:
(1) The owner or operator submits an amended part B application, or a part B application, if not previously required,
and demonstrates that:
(i) The unit has the existing design capacity as indicated on the part A application to receive non-hazardous wastes;
and
(ii) There is a reasonable likelihood that the owner or operator or another person will receive non-hazardous wastes
in the unit within one year after the final receipt of hazardous wastes; and
(iii) The non-hazardous wastes will not be incompatible with any remaining wastes in the unit or with the facility
design and operating requirements of the unit or facility under this part; and
(iv) Closure of the hazardous waste management unit would be incompatible with continued operation of the unit or
facility; and
(v) The owner or operator is operating and will continue to operate in compliance with all applicable interim status
requirements; and
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(2) The part B application includes an amended waste analysis plan, ground-water monitoring and response program,
human exposure assessment required under RCRA section 3019, and closure and post-closure plans, and updated
cost estimates and demonstrations of financial assurance for closure and post-closure care as necessary and
appropriate to reflect any changes due to the presence of hazardous constituents in the non-hazardous wastes, and
changes in closure activities, including the expected year of closure if applicable under §265.112(b)(7), as a result of
the receipt of non-hazardous wastes following the final receipt of hazardous wastes; and
(3) The part B application is amended, as necessary and appropriate, to account for the receipt of non-hazardous
wastes following receipt of the final volume of hazardous wastes; and
(4) The part B application and the demonstrations referred to in paragraphs (d)(1) and (d)(2) of this section are
submitted to the Regional Administrator no later than 180 days prior to the date on which the owner or operator of the
facility receives the known final volume of hazardous wastes, or no later than 90 days after the effective date of this
rule in the state in which the unit is located, whichever is later.
(e) In addition to the requirements in paragraph (d) of this section, an owner or operator of a hazardous waste surface
impoundment that is not in compliance with the liner and leachate collection system requirements in 42 U.S.C.
3004(o)(1) and 3005(j)(1) or 42 U.S.C. 3004(o)(2) or (3) or 3005(j) (2), (3), (4) or (13) must:
(1) Submit with the part B application:
(i) A contingent corrective measures plan; and
(ii) A plan for removing hazardous wastes in compliance with paragraph (e)(2) of this section; and
(2) Remove all hazardous wastes from the unit by removing all hazardous liquids and removing all hazardous
sludges to the extent practicable without impairing the integrity of the liner(s), if any.
(3) Removal of hazardous wastes must be completed no later than 90 days after the final receipt of hazardous
wastes. The Regional Administrator may approve an extension to this deadline if the owner or operator demonstrates
that the removal of hazardous wastes will, of necessity, take longer than the allotted period to complete and that an
extension will not pose a threat to human health and the environment.
(4) If a release that is a statistically significant increase (or decrease in the case of pH) in hazardous constituents over
background levels is detected in accordance with the requirements in subpart F of this part, the owner or operator of
the unit:
(i) Must implement corrective measures in accordance with the approved contingent corrective measures plan
required by paragraph (e)(1) of this section no later than one year after detection of the release, or approval of the
contingent corrective measures plan, whichever is later;
(ii) May receive wastes at the unit following detection of the release only if the approved corrective measures plan
includes a demonstration that continued receipt of wastes will not impede corrective action; and
(iii) May be required by the Regional Administrator to implement corrective measures in less than one year or to
cease receipt of wastes until corrective measures have been implemented if necessary to protect human health and
the environment.
(5) During the period of corrective action, the owner or operator shall provide annual reports to the Regional
Administrator describing the progress of the corrective action program, compile all ground-water monitoring data, and
evaluate the effect of the continued receipt of non-hazardous wastes on the effectiveness of the corrective action.
(6) The Regional Administrator may require the owner or operator to commence closure of the unit if the owner or
operator fails to implement corrective action measures in accordance with the approved contingent corrective
measures plan within one year as required in paragraph (e)(4) of this section, or fails to make substantial progress in
implementing corrective action and achieving the facility's background levels.
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(7) If the owner or operator fails to implement corrective measures as required in paragraph (e)(4) of this section, or if
the Regional Administrator determines that substantial progress has not been made pursuant to paragraph (e)(6) of
this section he shall:
(i) Notify the owner or operator in writing that the owner or operator must begin closure in accordance with the
deadline in paragraphs (a) and (b) of this section and provide a detailed statement of reasons for this determination,
and
(ii) Provide the owner or operator and the public, through a newspaper notice, the opportunity to submit written
comments on the decision no later than 20 days after the date of the notice.
(iii) If the Regional Administrator receives no written comments, the decision will become final five days after the
close of the comment period. The Regional Administrator will notify the owner or operator that the decision is final,
and that a revised closure plan, if necessary, must be submitted within 15 days of the final notice and that closure
must begin in accordance with the deadlines in paragraphs (a) and (b) of this section.
(iv) If the Regional Administrator receives written comments on the decision, he shall make a final decision within 30
days after the end of the comment period, and provide the owner or operator in writing and the public through a
newspaper notice, a detailed statement of reasons for the final decision. If the Regional Administrator determines that
substantial progress has not been made, closure must be initiated in accordance with the deadlines in paragraphs (a)
and (b) of this section.
(v) The final determinations made by the Regional Administrator under paragraphs (e)(7) (iii) and (iv) of this section
are not subject to administrative appeal.
[51 FR 16451, May 2, 1986, as amended at 54 FR 33396, Aug. 14, 1989; 56 FR 42512, Aug. 27, 1991; 71 FR 16909,
Apr. 4, 2006; 71 FR 40275, July 14, 2006]
§ 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]
§265.115 Certification of closure.
Within 60 days of completion of closure of each hazardous waste surface impoundment, waste pile, land treatment,
and landfill unit, and within 60 days of completion of final closure, the owner or operator must submit to the Regional
Administrator, by registered mail, a certification that the hazardous waste management unit or facility, as applicable,
has been closed in accordance with the specifications in the approved closure plan. The certification must be signed
by the owner or operator and by a qualified Professional Engineer. Documentation supporting the Professional
Engineer's certification must be furnished to the Regional Administrator upon request until he releases the owner or
operator from the financial assurance requirements for closure under §265.143(h).
[71 FR 16909, Apr. 4, 2006]
§265.116 Survey plat.
No later than the submission of the certification of closure of each hazardous waste disposal unit, an owner or
operator must submit to the local zoning authority, or the authority with jurisdiction over local land use, and to the
Regional Administrator, a survey plat indicating the location and dimensions of landfill cells or other hazardous waste
disposal units with respect to permanently surveyed benchmarks. This plat must be prepared and certified by a
professional land surveyor. The plat filed with the local zoning authority, or the authority with jurisdiction over local
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land use must contain a note, prominently displayed, which states the owner's or operator's obligation to restrict
disturbance of the hazardous waste disposal unit in accordance with the applicable subpart G regulations.
§ 265.117 Post-closure care and use of property.
(a)(1) Post-closure care for each hazardous waste management unit subject to the requirements of §§265.117
through 265.120 must begin after completion of closure of the unit and continue for 30 years after that date. It must
consist of at least the following:
(i) Monitoring and reporting in accordance with the requirements of subparts F, K, L, M, and N of this part; and
(ii) Maintenance and monitoring of waste containment systems in accordance with the requirements of subparts F, K,
L, M, and N of this part.
(2) Any time preceding closure of a hazardous waste management unit subject to post-closure care requirements or
final closure, or any time during the post-closure period for a particular hazardous waste disposal unit, the Regional
Administrator may:
(i) Shorten the post-closure care period applicable to the hazardous waste management unit, or facility, if all disposal
units have been closed, if he finds that the reduced period is sufficient to protect human health and the environment
(e.g., leachate or ground-water monitoring results, characteristics of the hazardous waste, application of advanced
technology, or alternative disposal, treatment, or re-use techniques indicate that the hazardous waste management
unit or facility is secure); or
(ii) Extend the post-closure care period applicable to the hazardous waste management unit or facility, if he finds that
the extended period is necessary to protect human health and the environment (e.g., leachate or ground-water
monitoring results indicate a potential for migration of hazardous wastes at levels which may be harmful to human
health and the environment).
(b) The Regional Administrator may require, at partial and final closure, continuation of any of the security
requirements of §265.14 during part or all of the post-closure period when:
(1) Hazardous wastes may remain exposed after completion of partial or final closure; or
(2) Access by the public or domestic livestock may pose a hazard to human health.
(c) Post-closure use of property on or in which hazardous wastes remain after partial or final closure must never be
allowed to disturb the integrity of the final cover, liner(s), or any other components of the containment system, or the
function of the facility's monitoring systems, unless the Regional Administrator finds that the disturbance:
(1) Is necessary to the proposed use of the property, and will not increase the potential hazard to human health or the
environment; or
(2) Is necessary to reduce a threat to human health or the environment.
(d) All post-closure care activities must be in accordance with the provisions of the approved post-closure plan as
specified in §265.118.
[51 FR 16451, May 2, 1986, as amended at 71 FR 40275, July 14, 2006]
§ 265.118 Post-closure plan; amendment of plan.
(a) Written plan. By May 19, 1981, the owner or operator of a hazardous waste disposal unit must have a written
post-closure plan. An owner or operator of a surface impoundment or waste pile that intends to remove all hazardous
wastes at closure must prepare a post-closure plan and submit it to the Regional Administrator within 90 days of the
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date that the owner or operator or Regional Administrator determines that the hazardous waste management unit or
facility must be closed as a landfill, subject to the requirements of §§265.117 through 265.120.
(b) Until final closure of the facility, a copy of the most current post-closure plan must be furnished to the Regional
Administrator upon request, including request by mail. In addition, for facilities without approved post-closure plans, it
must also be provided during site inspections, on the day of inspection, to any officer, employee or representative of
the Agency who is duly designated by the Administrator. After final closure has been certified, the person or office
specified in §265.118(c)(3) must keep the approved post-closure plan during the post-closure period.
(c) For each hazardous waste management unit subject to the requirements of this section, the post-closure plan
must identify the activities that will be carried on after closure of each disposal unit and the frequency of these
activities, and include at least:
(1) A description of the planned monitoring activities and frequencies at which they will be performed to comply with
subparts F, K, L, M, and N of this part during the post-closure care period; and
(2) A description of the planned maintenance activities, and frequencies at which they will be performed, to ensure:
(i) The integrity of the cap and final cover or other containment systems in accordance with the requirements of
subparts K, L, M, and N of this part; and
(ii) The function of the monitoring equipment in accordance with the requirements of subparts F, K, L, M, and N of this
part; and
(3) The name, address, and phone number of the person or office to contact about the hazardous waste disposal unit
or facility during the post-closure care period.
(4) For facilities subject to §265.121, provisions that satisfy the requirements of §265.121(a)(1) and (3).
(5) For facilities where the Regional Administrator has applied alternative requirements at a regulated unit under
§§265.90(f), 265.110(d), and/or 265.140(d), either the alternative requirements that apply to the regulated unit, or a
reference to the enforceable document containing those requirements.
(d) Amendment of plan. The owner or operator may amend the post-closure plan any time during the active life of the
facility or during the post-closure care period. An owner or operator with an approved post-closure plan must submit a
written request to the Regional Administrator to authorize a change to the approved plan. The written request must
include a copy of the amended post-closure plan for approval by the Regional Administrator.
(1) The owner or operator must amend the post-closure plan whenever:
(i) Changes in operating plans or facility design affect the post-closure plan, or
(ii) Events which occur during the active life of the facility, including partial and final closures, affect the post-closure
plan.
(iii) The owner or operator requests the Regional Administrator to apply alternative requirements to a regulated unit
under §§265.90(f), 265.110(d), and/or 265.140(d).
(2) The owner or operator must amend the post-closure plan at least 60 days prior to the proposed change in facility
design or operation, or no later than 60 days after an unexpected event has occurred which has affected the post-
closure plan.
(3) An owner or operator with an approved post-closure plan must submit the modified plan to the Regional
Administrator at least 60 days prior to the proposed change in facility design or operation, or no more than 60 days
after an unexpected event has occurred which has affected the post-closure plan. If an owner or operator of a surface
impoundment or a waste pile who intended to remove all hazardous wastes at closure in accordance with
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§265.228(b) or §265.258(a) is required to close as a landfill in accordance with §265.310, the owner or operator must
submit a post-closure plan within 90 days of the determination by the owner or operator or Regional Administrator
that the unit must be closed as a landfill. If the amendment to the post-closure plan is a Class 2 or 3 modification
according to the criteria in §270.42, the modification to the plan will be approved according to the procedures in
§265.118(f).
(4) The Regional Administrator may request modifications to the plan under the conditions described in paragraph
(d)(1) of this section. An owner or operator with an approved post-closure plan must submit the modified plan no later
than 60 days of the request from the Regional Administrator. If the amendment to the plan is considered a Class 2 or
3 modification according to the criteria in §270.42, the modifications to the post-closure plan will be approved in
accordance with the procedures in §265.118(f). If the Regional Administrator determines that an owner or operator of
a surface impoundment or waste pile who intended to remove all hazardous wastes at closure must close the facility
as a landfill, the owner or operator must submit a post-closure plan for approval to the Regional Administrator within
90 days of the determination.
(e) The owner or operator of a facility with hazardous waste management units subject to these requirements must
submit his post-closure plan to the Regional Administrator at least 180 days before the date he expects to begin
partial or final closure of the first hazardous waste disposal unit. The date he "expects to begin closure" of the first
hazardous waste disposal unit must be either within 30 days after the date on which the hazardous waste
management unit receives the known final volume of hazardous waste or, if there is a reasonable possibility that the
hazardous waste management unit will receive additional hazardous wastes, no later than one year after the date on
which the unit received the most recent volume of hazardous wastes. The owner or operator must submit the post-
closure plan to the Regional Administrator no later than 15 days after:
(1) Termination of interim status (except when a permit is issued to the facility simultaneously with termination of
interim status); or
(2) Issuance of a judicial decree or final orders under section 3008 of RCRA to cease receiving wastes or close.
(f) The Regional Administrator will provide the owner or operator and the public, through a newspaper notice, the
opportunity to submit written comments on the post-closure plan and request modifications to the plan no later than
30 days from the date of the notice. He will also, in response to a request or at his own discretion, hold a public
hearing whenever such a hearing might clarify one or more issues concerning a post-closure plan. The Regional
Administrator will give public notice of the hearing at least 30 days before it occurs. (Public notice of the hearing may
be given at the same time as notice of the opportunity for the public to submit written comments, and the two notices
may be combined.) The Regional Administrator will approve, modify, or disapprove the plan within 90 days of its
receipt. If the Regional Administrator does not approve the plan he shall provide the owner or operator with a detailed
written statement of reasons for the refusal and the owner or operator must modify the plan or submit a new plan for
approval within 30 days after receiving such written statement. The Regional Administrator will approve or modify this
plan in writing within 60 days. If the Regional Administrator modifies the plan, this modified plan becomes the
approved post-closure plan. The Regional Administrator must ensure that the approved post-closure plan is
consistent with §§265.117 through 265.120. A copy of the modified plan with a detailed statement of reasons for the
modifications must be mailed to the owner or operator.
(g)The post-closure plan and length of the post-closure care period may be modified anytime prior to the end of the
post-closure care period in either of the following two ways:
(1) The owner or operator or any member of the public may petition the Regional Administrator to extend or reduce
the post-closure care period applicable to a hazardous waste management unit or facility based on cause, or alter the
requirements of the post-closure care period based on cause.
(i) The petition must include evidence demonstrating that:
(A) The secure nature of the hazardous waste management unit or facility makes the post-closure care
requirement(s) unnecessary or supports reduction of the post-closure care period specified in the current post-closure
plan (e.g., leachate or ground-water monitoring results, characteristics of the wastes, application of advanced
technology, or alternative disposal, treatment, or re-use techniques indicate that the facility is secure), or
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(B) The requested extension in the post-closure care period or alteration of post-closure care requirements is
necessary to prevent threats to human health and the environment (e.g., leachate or ground-water monitoring results
indicate a potential for migration of hazardous wastes at levels which may be harmful to human health and the
environment).
(ii) These petitions will be considered by the Regional Administrator only when they present new and relevant
information not previously considered by the Regional Administrator. Whenever the Regional Administrator is
considering a petition, he will provide the owner or operator and the public, through a newspaper notice, the
opportunity to submit written comments within 30 days of the date of the notice. He will also, in response to a request
or at his own discretion, hold a public hearing whenever a hearing might clarify one or more issues concerning the
post-closure plan. The Regional Administrator will give the public notice of the hearing at least 30 days before it
occurs. (Public notice of the hearing may be given at the same time as notice of the opportunity for written public
comments, and the two notices may be combined.) After considering the comments, he will issue a final
determination, based upon the criteria set forth in paragraph (g)(1) of this section.
(iii) If the Regional Administrator denies the petition, he will send the petitioner a brief written response giving a
reason for the denial.
(2) The Regional Administrator may tentatively decide to modify the post-closure plan if he deems it necessary to
prevent threats to human health and the environment. He may propose to extend or reduce the post-closure care
period applicable to a hazardous waste management unit or facility based on cause or alter the requirements of the
post-closure care period based on cause.
(i) The Regional Administrator will provide the owner or operator and the affected public, through a newspaper notice,
the opportunity to submit written comments within 30 days of the date of the notice and the opportunity for a public
hearing as in paragraph (g)(1)(ii) of this section. After considering the comments, he will issue a final determination.
(ii) The Regional Administrator will base his final determination upon the same criteria as required for petitions under
paragraph (g)(1)(i) of this section. A modification of the post-closure plan may include, where appropriate, the
temporary suspension rather than permanent deletion of one or more post-closure care requirements. At the end of
the specified period of suspension, the Regional Administrator would then determine whether the requirement(s)
should be permanently discontinued or reinstated to prevent threats to human health and the environment.
[51 FR 16451, May 2, 1986, as amended at 53 FR 37935, Sept. 28, 1988; 63 FR 56734, Oct. 22, 1998]
§265.119 Post-closure notices.
(a) No later than 60 days after certification of closure of each hazardous waste disposal unit, the owner or operator
must submit to the local zoning authority, or the authority with jurisdiction over local land use, and to the Regional
Administrator, a record of the type, location, and quantity of hazardous wastes disposed of within each cell or other
disposal unit of the facility. For hazardous wastes disposed of before January 12, 1981, the owner or operator must
identify the type, location and quantity of the hazardous wastes to the best of his knowledge and in accordance with
any records he has kept.
(b) Within 60 days of certification of closure of the first hazardous waste disposal unit and within 60 days of
certification of closure of the last hazardous waste disposal unit, the owner or operator must:
(1) Record, in accordance with State law, a notation on the deed to the facility property—or on some other instrument
which is normally examined during title search—that will in perpetuity notify any potential purchaser of the property
that:
(i) The land has been used to manage hazardous wastes; and
(ii) Its use is restricted under 40 CFR part 265, subpart G regulations; and
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(iii) The survey plat and record of the type, location, and quantity of hazardous wastes disposed of within each cell or
other hazardous waste disposal unit of the facility required by §§265.116 and 265.119(a) have been filed with the
local zoning authority or the authority with jurisdiction over local land use and with the Regional Administrator; and
(2) Submit a certification signed by the owner or operator that he has recorded the notation specified in paragraph
(b)(1) of this section and a copy of the document in which the notation has been placed, to the Regional
Administrator.
(c) If the owner or operator or any subsequent owner of the land upon which a hazardous waste disposal unit was
located wishes to remove hazardous wastes and hazardous waste residues, the liner, if any, and all contaminated
structures, equipment, and soils, he must request a modification to the approved post-closure plan in accordance with
the requirements of §265.118(g). The owner or operator must demonstrate that the removal of hazardous wastes will
satisfy the criteria of §265.117(c). By removing hazardous waste, the owner or operator may become a generator of
hazardous waste and must manage it in accordance with all applicable requirements of this chapter. If the owner or
operator is granted approval to conduct the removal activities, the owner or operator may request that the Regional
Administrator approve either:
(1) The removal of the notation on the deed to the facility property or other instrument normally examined during title
search, or
(2) The addition of a notation to the deed or instrument indicating the removal of the hazardous waste.
[51 FR 16451, May 2, 1986, as amended at 71 FR 40275, July 14, 2006]
§ 265.120 Certification of completion of post-closure care.
No later than 60 days after the completion of the established post-closure care period for each hazardous waste
disposal unit, the owner or operator must submit to the Regional Administrator, by registered mail, a certification that
the post-closure care period for the hazardous waste disposal unit was performed in accordance with the
specifications in the approved post-closure plan. The certification must be signed by the owner or operator and a
qualified Professional Engineer. Documentation supporting the Professional Engineer's certification must be furnished
to the Regional Administrator upon request until he releases the owner or operator from the financial assurance
requirements for post-closure care under §265.145(h).
[71 FR 16909, Apr. 4, 2006]
§ 265.121 Post-closure requirements for facilities that obtain enforceable documents in lieu of
post-closure permits.
(a) Owners and operators who are subject to the requirement to obtain a post-closure permit under 40 CFR 270.1(c),
but who obtain enforceable documents in lieu of post-closure permits, as provided under 40 CFR 270.1(c)(7), must
comply with the following requirements:
(1) The requirements to submit information about the facility in 40 CFR 270.28;
(2) The requirements for facility-wide corrective action in §264.101 of this chapter;
(3) The requirements of 40 CFR 264.91 through 264.100.
(b)(1) The Regional Administrator, in issuing enforceable documents under §265.121 in lieu of permits, will assure a
meaningful opportunity for public involvement which, at a minimum, includes public notice and opportunity for public
comment:
(i) When the Agency becomes involved in a remediation at the facility as a regulatory or enforcement matter;
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(ii) On the proposed preferred remedy and the assumptions upon which the remedy is based, in particular those
related to land use and site characterization; and
(iii) At the time of a proposed decision that remedial action is complete at the facility. These requirements must be
met before the Regional Administrator may consider that the facility has met the requirements of 40 CFR 270.1(c)(7),
unless the facility qualifies for a modification to these public involvement procedures under paragraph (b)(2) or (3) of
this section.
(2) If the Regional Administrator determines that even a short delay in the implementation of a remedy would
adversely affect human health or the environment, the Regional Administrator may delay compliance with the
requirements of paragraph (b)(1) of this section and implement the remedy immediately. However, the Regional
Administrator must assure involvement of the public at the earliest opportunity, and, in all cases, upon making the
decision that additional remedial action is not needed at the facility.
(3) The Regional Administrator may allow a remediation initiated prior to October 22, 1998 to substitute for corrective
action required under a post-closure permit even if the public involvement requirements of paragraph (b)(1) of this
section have not been met so long as the Regional Administrator assures that notice and comment on the decision
that no further remediation is necessary to protect human health and the environment takes place at the earliest
reasonable opportunity after October 22, 1998.
[63 FR 56734, Oct. 22, 1998]
Source: 47 FR 15064, Apr. 7, 1982, unless otherwise noted.
§ 265.140 Applicability.
(a) The requirements of §§265.142, 265.143 and 265.147 through 265.150 apply to owners or operators of all
hazardous waste facilities, except as provided otherwise in this section or in §265.1.
(b)The requirements of §§265.144 and 265.145 apply only to owners and operators of:
(1) Disposal facilities;
(2) Tank systems that are required under §265.197 of this chapter to meet the requirements for landfills; and
(3) Containment buildings that are required under §265.1102 to meet the requirements for landfills.
(c) States and the Federal government are exempt from the requirements of this subpart.
(d) The Regional Administrator may replace all or part of the requirements of this subpart applying to a regulated unit
with alternative requirements for financial assurance set out in the permit or in an enforceable document (as defined
in 40 CFR 270.1(c)(7)), where the Regional Administrator:
(1) Prescribes alternative requirements for the regulated unit under §265.90(f) and/or 265.110(d), and
(2) Determines that it is not necessary to apply the requirements of this subpart because the alternative financial
assurance requirements will protect human health and the environment.
[47 FR 15064, Apr. 7, 1982, as amended at 51 FR 16455, May 2, 1986; 51 FR 25479, July 14, 1986; 57 FR 37267,
Aug. 18, 1992; 63 FR 56734, Oct. 22, 1998; 71 FR 40275, July 14, 2006]
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§ 265.141 Definitions of terms as used in this subpart.
(a) Closure plan means the plan for closure prepared in accordance with the requirements of §265.112.
(b) Current closure cost estimate means the most recent of the estimates prepared in accordance with §265.142 (a),
(b), and (c).
(c) Current post-closure cost estimate means the most recent of the estimates prepared in accordance with §265.144
(a), (b), and (c).
(d) Parent corporation means a corporation which directly owns at least 50 percent of the voting stock of the
corporation which is the facility owner or operator; the latter corporation is deemed a "subsidiary" of the parent
corporation.
(e) Post-closure plan means the plan for post-closure care prepared in accordance with the requirements of
§§265.117 through 265.120.
(f) The following terms are used in the specifications for the financial tests for closure, post-closure care, and liability
coverage. The definitions are intended to assist in the understanding of these regulations and are not intended to limit
the meanings of terms in a way that conflicts with generally accepted accounting practices.
Assets means all existing and all probable future economic benefits obtained or controlled by a particular entity.
Current assets means cash or other assets or resources commonly identified as those which are reasonably
expected to be realized in cash or sold or consumed during the normal operating cycle of the business.
Current liabilities means obligations whose liquidation is reasonably expected to require the use of existing resources
properly classifiable as current assets or the creation of other current liabilities.
Current plugging and abandonment cost estimate means the most recent of the estimates prepared in accordance
with §144.62(a), (b), and (c) of this title.
Independently audited refers to an audit performed by an independent certified public accountant in accordance with
generally accepted auditing standards.
Liabilities means probable future sacrifices of economic benefits arising from present obligations to transfer assets or
provide services to other entities in the future as a result of past transactions or events.
Net working capital means current assets minus current liabilities.
Net worth means total assets minus total liabilities and is equivalent to owner's equity.
Tangible net worth means the tangible assets that remain after deducting liabilities; such assets would not include
intangibles such as goodwill and rights to patents or royalties.
(g) In the liability insurance requirements the terms bodily injury and property damage shall have the meanings given
these terms by applicable State law. However, these terms do not include those liabilities which, consistent with
standard industry practice, are excluded from coverage in liability policies for bodily injury and property damage. The
Agency intends the meanings of other terms used in the liability insurance requirements to be consistent with their
common meanings within the insurance industry. The definitions given below of several of the terms are intended to
assist in the understanding of these regulations and are not intended to limit their meanings in a way that conflicts
with general insurance industry usage.
Accidental occurrence means an accident, including continuous or repeated exposure to conditions, which results in
bodily injury or property damage neither expected nor intended from the standpoint of the insured.
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Legal defense costs means any expenses that an insurer incurs in defending against claims of third parties brought
under the terms and conditions of an insurance policy.
Nonsudden accidental occurrence means an occurrence which takes place overtime and involves continuous or
repeated exposure.
Sudden accidental occurrence means an occurrence which is not continuous or repeated in nature.
(h) Substantial business relationship means the extent of a business relationship necessary under applicable State
law to make a guarantee contract issued incident to that relationship valid and enforceable. A "substantial business
relationship" must arise from a pattern of recent or ongoing business transactions, in addition to the guarantee itself,
such that a currently existing business relationship between the guarantor and the owner or operator is demonstrated
to the satisfaction of the applicable EPA Regional Administrator.
[47 FR 16558, Apr. 16, 1982, as amended at 51 FR 16456, May 2, 1986; 53 FR 33959, Sept. 1, 1988]
§ 265.142 Cost estimate for closure.
(a) The owner or operator must have a detailed written estimate, in current dollars, of the cost of closing the facility in
accordance with the requirements in §§265.111 through 265.115 and applicable closure requirements in §§265.197,
265.228, 265.258, 265.280, 265.310, 265.351, 265.381, 265.404, and 265.1102.
(1)The estimate must equal the cost of final closure at the point in the facility's active life when the extent and
manner of its operation would make closure the most expensive, as indicated by its closure plan (see §265.112(b));
and
(2) The closure cost estimate must be based on the costs to the owner or operator of hiring a third party to close the
facility. A third party is a party who is neither a parent nor a subsidiary of the owner or operator. (See definition of
parent corporation in §265.141(d).) The owner or operator may use costs for on-site disposal if he can demonstrate
that on-site disposal capacity will exist at all times over the life of the facility.
(3) The closure cost estimate may not incorporate any salvage value that may be realized with the sale of hazardous
wastes, or non-hazardous wastes if applicable under §265.113(d), facility structures or equipment, land, or other
assets associated with the facility at the time of partial or final closure.
(4) The owner or operator may not incorporate a zero cost for hazardous wastes, or non-hazardous wastes if
applicable under §265.113(d), that might have economic value.
(b) During the active life of the facility, the owner or operator must adjust the closure cost estimate for inflation within
60 days prior to the anniversary date of the establishment of the financial instrument(s) used to comply with
§265.143. For owners and operators using the financial test or corporate guarantee, the closure cost estimate must
be updated for inflation within 30 days after the close of the firm's fiscal year and before submission of updated
information to the Regional Administrator as specified in §265.143(e)(3). The adjustment may be made by
recalculating the closure cost estimate in current dollars, or by using an inflation factor derived from the most recent
Implicit Price Deflator for Gross National Product published by the U.S. Department of Commerce in its Survey of
Current Business, as specified in paragraphs (b)(1) and (2) of this section. The inflation factor is the result of dividing
the latest published annual Deflator by the Deflator for the previous year.
(1) The first adjustment is made by multiplying the closure cost estimate by the inflation factor. The result is the
adjusted closure cost estimate.
(2) Subsequent adjustments are made by multiplying the latest adjusted closure cost estimate by the latest inflation
factor.
(c) During the active life of the facility, the owner or operator must revise the closure cost estimate no later than 30
days after a revision has been made to the closure plan which increases the cost of closure. If the owner or operator
has an approved closure plan, the closure cost estimate must be revised no later than 30 days after the Regional
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Administrator has approved the request to modify the closure plan, if the change in the closure plan increases the
cost of closure. The revised closure cost estimate must be adjusted for inflation as specified in §265.142(b).
(d) The owner or operator must keep the following at the facility during the operating life of the facility: The latest
closure cost estimate prepared in accordance with §§265.142 (a) and (c) and, when this estimate has been adjusted
in accordance with §265.142(b), the latest adjusted closure cost estimate.
[47 FR 15064, Apr. 7, 1982, as amended at 50 FR 4514, Jan. 31, 1985; 51 FR 16456, May 2, 1986; 54 FR 33397,
Aug. 14, 1989; 57 FR 37267, Aug. 18, 1992; 71 FR 40275, July 14, 2006]
§ 265.143 Financial assurance for closure.
By the effective date of these regulations, an owner or operator of each facility must establish financial assurance for
closure of the facility. He must choose from the options as specified in paragraphs (a) through (e) of this section.
(a) Closure trust fund. (1) An owner or operator may satisfy the requirements of this section by establishing a closure
trust fund which conforms to the requirements of this paragraph and submitting an originally signed duplicate of the
trust agreement to the Regional Administrator. The trustee must be an entity which has the authority to act as a
trustee and whose trust operations are regulated and examined by a Federal or State agency.
(2) The wording of the trust agreement must be identical to the wording specified in §264.151 (a)(1), and the trust
agreement must be accompanied by a formal certification of acknowledgment (for example, see §264.151 (a)(2)).
Schedule A of the trust agreement must be updated within 60 days after a change in the amount of the current
closure cost estimate covered by the agreement.
(3) Payments into the trust fund must be made annually by the owner or operator over the 20 years beginning with
the effective date of these regulations or over the remaining operating life of the facility as estimated in the closure
plan, whichever period is shorter; this period is hereafter referred to as the "pay-in period." The payments into the
closure trust fund must be made as follows:
(i) The first payment must be made by the effective date of these regulations, except as provided in paragraph (a)(5)
of this section. The first payment must be at least equal to the current closure cost estimate, except as provided in
§265.143(f), divided by the number of years in the pay-in period.
(ii) Subsequent payments must be made no later than 30 days after each anniversary date of the first payment. The
amount of each subsequent payment must be determined by this formula:
CE - CV
Next payments
where CE is the current closure cost estimate, CV is the current value of the trust fund, and Y is the
number of years remaining in the pay-in period.
(4) The owner or operator may accelerate payments into the trust fund or he may deposit the full amount of the
current closure cost estimate at the time the fund is established. However, he must maintain the value of the fund at
no less than the value that the fund would have if annual payments were made as specified in paragraph (a)(3) of this
section.
(5) If the owner or operator establishes a closure trust fund after having used one or more alternate mechanisms
specified in this section, his first payment must be in at least the amount that the fund would contain if the trust fund
were established initially and annual payments made as specified in paragraph (a)(3) of this section.
(6) After the pay-in period is completed, whenever the current closure cost estimate changes, the owner or operator
must compare the new estimate with the trustee's most recent annual valuation of the trust fund. If the value of the
fund is less than the amount of the new estimate, the owner or operator, within 60 days after the change in the cost
estimate, must either deposit an amount into the fund so that its value after this deposit at least equals the amount of
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the current closure cost estimate, or obtain other financial assurance as specified in this section to cover the
difference.
(7) If the value of the trust fund is greater than the total amount of the current closure cost estimate, the owner or
operator may submit a written request to the Regional Administrator for release of the amount in excess of the current
closure cost estimate.
(8) If an owner or operator substitutes other financial assurance as specified in this section for all or part of the trust
fund, he may submit a written request to the Regional Administrator for release of the amount in excess of the current
closure cost estimate covered by the trust fund.
(9) Within 60 days after receiving a request from the owner or operator for release of funds as specified in paragraph
(a) (7) or (8) of this section, the Regional Administrator will instruct the trustee to release to the owner or operator
such funds as the Regional Administrator specifies in writing.
(10) After beginning partial or final closure, an owner or operator or another person authorized to conduct partial or
final closure may request reimbursements for partial or final closure expenditures by submitting itemized bills to the
Regional Administrator. The owner or operator may request reimbursements for partial closure only if sufficient funds
are remaining in the trust fund to cover the maximum costs of closing the facility over its remaining operating life. No
later than 60 days after receiving bills for partial or final closure activities, the Regional Administrator will instruct the
trustee to make reimbursements in those amounts as the Regional Administrator specifies in writing, if the Regional
Administrator determines that the partial or final closure expenditures are in accordance with the approved closure
plan, or otherwise justified. If the Regional Administrator has reason to believe that the maximum cost of closure over
the remaining life of the facility will be significantly greater than the value of the trust fund, he may withhold
reimbursements of such amounts as he deems prudent until he determines, in accordance with §265.143(h) that the
owner or operator is no longer required to maintain financial assurance for final closure of the facility. If the Regional
Administrator does not instruct the trustee to make such reimbursements, he will provide to the owner or operator a
detailed written statement of reasons.
(11) The Regional Administrator will agree to termination of the trust when:
(i) An owner or operator substitutes alternate financial assurance as specified in this section; or
(ii) The Regional Administrator releases the owner or operator from the requirements of this section in accordance
with §265.143(h).
(b) Surety bond guaranteeing payment into a closure trust fund. (1) An owner or operator may satisfy the
requirements of this section by obtaining a surety bond which conforms to the requirements of this paragraph and
submitting the bond to the Regional Administrator. The surety company issuing the bond must, at a minimum, be
among those listed as acceptable sureties on Federal bonds in Circular 570 of the U.S. Department of the Treasury.
(2) The wording of the surety bond must be identical to the wording specified in §264.151 (b).
(3) The owner or operator who uses a surety bond to satisfy the requirements of this section must also establish a
standby trust fund. Under the terms of the bond, all payments made thereunder will be deposited by the surety
directly into the standby trust fund in accordance with instructions from the Regional Administrator. This standby trust
fund must meet the requirements specified in §265.143(a), except that:
(i) An originally signed duplicate of the trust agreement must be submitted to the Regional Administrator with the
surety bond; and
(ii) Until the standby trust fund is funded pursuant to the requirements of this section, the following are not required by
these regulations:
(A) Payments into the trust fund as specified in §265.143(a);
(B) Updating of Schedule A of the trust agreement (see §264.151 (a)) to show current closure cost estimates;
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(C) Annual valuations as required by the trust agreement; and
(D) Notices of nonpayment as required by the trust agreement.
(4) The bond must guarantee that the owner or operator will:
(i) Fund the standby trust fund in an amount equal to the penal sum of the bond before the beginning of final closure
of the facility; or
(ii) Fund the standby trust fund in an amount equal to the penal sum within 15 days after an administrative order to
begin final closure issued by the Regional Administrator becomes final, or within 15 days after an order to begin final
closure is issued by a U.S. district court or other court of competent jurisdiction; or
(iii) Provide alternate financial assurance as specified in this section, and obtain the Regional Administrator's written
approval of the assurance provided, within 90 days after receipt by both the owner or operator and the Regional
Administrator of a notice of cancellation of the bond from the surety.
(5) Under the terms of the bond, the surety will become liable on the bond obligation when the owner or operator fails
to perform as guaranteed by the bond.
(6) The penal sum of the bond must be in an amount at least equal to the current closure cost estimate, except as
provided in §265.143(f).
(7) Whenever the current closure cost estimate increases to an amount greater than the penal sum, the owner or
operator, within 60 days after the increase, must either cause the penal sum to be increased to an amount at least
equal to the current closure cost estimate and submit evidence of such increase to the Regional Administrator, or
obtain other financial assurance as specified in this section to cover the increase. Whenever the current closure cost
estimate decreases, the penal sum may be reduced to the amount of the current closure cost estimate following
written approval by the Regional Administrator.
(8) Under the terms of the bond, the surety may cancel the bond by sending notice of cancellation by certified mail to
the owner or operator and to the Regional Administrator. Cancellation may not occur, however, during the 120 days
beginning on the date of receipt of the notice of cancellation by both the owner or operator and the Regional
Administrator, as evidenced by the return receipts.
(9) The owner or operator may cancel the bond if the Regional Administrator has given prior written consent based on
his receipt of evidence of alternate financial assurance as specified in this section.
(c) Closure letter of credit. (1) An owner or operator may satisfy the requirements of this section by obtaining an
irrevocable standby letter of credit which conforms to the requirements of this paragraph and submitting the letter to
the Regional Administrator. The issuing institution must be an entity which has the authority to issue letters of credit
and whose letter-of-credit operations are regulated and examined by a Federal or State agency.
(2) The wording of the letter of credit must be identical to the wording specified in §264.151 (d).
(3) An owner or operator who uses a letter of credit to satisfy the requirements of this section must also establish a
standby trust fund. Under the terms of the letter of credit, all amounts paid pursuant to a draft by the Regional
Administrator will be deposited by the issuing institution directly into the standby trust fund in accordance with
instructions from the Regional Administrator. This standby trust fund must meet the requirements of the trust fund
specified in §265.143(a), except that:
(i) An originally signed duplicate of the trust agreement must be submitted to the Regional Administrator with the
letter of credit; and
(ii) Unless the standby trust fund is funded pursuant to the requirements of this section, the following are not required
by these regulations:
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(A) Payments into the trust fund as specified in §265.143(a);
(B) Updating of Schedule A of the trust agreement (see §264.151 (a)) to show current closure cost estimates;
(C) Annual valuations as required by the trust agreement; and
(D) Notices of nonpayment as required by the trust agreement.
(4) The letter of credit must be accompanied by a letter from the owner or operator referring to the letter of credit by
number, issuing institution, and date, and providing the following information: The EPA Identification Number, name,
and address of the facility, and the amount of funds assured for closure of the facility by the letter of credit.
(5) The letter of credit must be irrevocable and issued for a period of at least 1 year. The letter of credit must provide
that the expiration date will be automatically extended fora period of at least 1 year unless, at least 120 days before
the current expiration date, the issuing institution notifies both the owner or operator and the Regional Administrator
by certified mail of a decision not to extend the expiration date. Under the terms of the letter of credit, the 120 days
will begin on the date when both the owner or operator and the Regional Administrator have received the notice, as
evidenced by the return receipts.
(6) The letter of credit must be issued in an amount at least equal to the current closure cost estimate, except as
provided in §265.143(f).
(7) Whenever the current closure cost estimate increases to an amount greater than the amount of the credit, the
owner or operator, within 60 days after the increase, must either cause the amount of the credit to be increased so
that it at least equals the current closure cost estimate and submit evidence of such increase to the Regional
Administrator, or obtain other financial assurance as specified in this section to cover the increase. Whenever the
current closure cost estimate decreases, the amount of the credit may be reduced to the amount of the current
closure cost estimate following written approval by the Regional Administrator.
(8) Following a final administrative determination pursuant to section 3008 of RCRA that the owner or operator has
failed to perform final closure in accordance with the approved closure plan when required to do so, the Regional
Administrator may draw on the letter of credit.
(9) If the owner or operator does not establish alternate financial assurance as specified in this section and obtain
written approval of such alternate assurance from the Regional Administrator within 90 days after receipt by both the
owner or operator and the Regional Administrator of a notice from the issuing institution that it has decided not to
extend the letter of credit beyond the current expiration date, the Regional Administrator will draw on the letter of
credit. The Regional Administrator may delay the drawing if the issuing institution grants an extension of the term of
the credit. During the last 30 days of any such extension the Regional Administrator will draw on the letter of credit if
the owner or operator has failed to provide alternate financial assurance as specified in this section and obtain written
approval of such assurance from the Regional Administrator.
(10) The Regional Administrator will return the letter of credit to the issuing institution for termination when:
(i) An owner or operator substitutes alternate financial assurance as specified in this section; or
(ii) The Regional Administrator releases the owner or operator from the requirements of this section in accordance
with §265.143(h).
(d) Closure insurance. (1) An owner or operator may satisfy the requirements of this section by obtaining closure
insurance which conforms to the requirements of this paragraph and submitting a certificate of such insurance to the
Regional Administrator. By the effective date of these regulations the owner or operator must submit to the Regional
Administrator a letter from an insurer stating that the insurer is considering issuance of closure insurance conforming
to the requirements of this paragraph to the owner or operator. Within 90 days after the effective date of these
regulations, the owner or operator must submit the certificate of insurance to the Regional Administrator or establish
other financial assurance as specified in this section. At a minimum, the insurer must be licensed to transact the
business of insurance, or eligible to provide insurance as an excess or surplus lines insurer, in one or more States.
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(2) The wording of the certificate of insurance must be identical to the wording specified in §264.151 (e).
(3) The closure insurance policy must be issued for a face amount at least equal to the current closure cost estimate,
except as provided in §265.143(f). The term "face amount" means the total amount the insurer is obligated to pay
under the policy. Actual payments by the insurer will not change the face amount, although the insurer's future liability
will be lowered by the amount of the payments.
(4) The closure insurance policy must guarantee that funds will be available to close the facility whenever final
closure occurs. The policy must also guarantee that once final closure begins, the insurer will be responsible for
paying out funds, up to an amount equal to the face amount of the policy, upon the direction of the Regional
Administrator, to such party or parties as the Regional Administrator specifies.
(5) After beginning partial or final closure, an owner or operator or any other person authorized to conduct closure
may request reimbursements for closure expenditures by submitting itemized bills to the Regional Administrator. The
owner or operator may request reimbursements for partial closure only if the remaining value of the policy is sufficient
to cover the maximum costs of closing the facility over its remaining operating life. Within 60 days after receiving bills
for closure activities, the Regional Administrator will instruct the insurer to make reimbursements in such amounts as
the Regional Administrator specifies in writing if the Regional Administrator determines that the partial or final closure
expenditures are in accordance with the approved closure plan or otherwise justified. If the Regional Administrator
has reason to believe that the maximum cost of closure over the remaining life of the facility will be significantly
greater than the face amount of the policy, he may withhold reimbursement of such amounts as he deems prudent
until he determines, in accordance with §265.143(h), that the owner or operator is no longer required to maintain
financial assurance for final closure of the particular facility. If the Regional Administrator does not instruct the insurer
to make such reimbursements, he will provide to the owner or operator a detailed written statement of reasons.
(6) The owner or operator must maintain the policy in full force and effect until the Regional Administrator consents to
termination of the policy by the owner or operator as specified in paragraph (d)(10) of this section. Failure to pay the
premium, without substitution of alternate financial assurance as specified in this section, will constitute a significant
violation of these regulations, warranting such remedy as the Regional Administrator deems necessary. Such
violation will be deemed to begin upon receipt by the Regional Administrator of a notice of future cancellation,
termination, or failure to renew due to nonpayment of the premium, rather than upon the date of expiration.
(7) Each policy must contain a provision allowing assignment of the policy to a successor owner or operator. Such
assignment may be conditional upon consent of the insurer, provided such consent is not unreasonably refused.
(8) The policy must provide that the insurer may not cancel, terminate, or fail to renew the policy except for failure to
pay the premium. The automatic renewal of the policy must, at a minimum, provide the insured with the option of
renewal at the face amount of the expiring policy. If there is a failure to pay the premium, the insurer may elect to
cancel, terminate, or fail to renew the policy by sending notice by certified mail to the owner or operator and the
Regional Administrator. Cancellation, termination, or failure to renew may not occur, however, during the 120 days
beginning with the date of receipt of the notice by both the Regional Administrator and the owner or operator, as
evidenced by the return receipts. Cancellation, termination, or failure to renew may not occur and the policy will
remain in full force and effect in the event that on or before the date of expiration:
(i) The Regional Administrator deems the facility abandoned; or
(ii) Interim status is terminated or revoked; or
(iii) Closure is ordered by the Regional Administrator or a U.S. district court or other court of competent jurisdiction; or
(iv) The owner or operator is named as debtor in a voluntary or involuntary proceeding under Title 11 (Bankruptcy),
U.S. Code; or
(v) The premium due is paid.
(9) Whenever the current closure cost estimate increases to an amount greater than the face amount of the policy,
the owner or operator, within 60 days after the increase, must either cause the face amount to be increased to an
amount at least equal to the current closure cost estimate and submit evidence of such increase to the Regional
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Administrator, or obtain other financial assurance as specified in this section to cover the increase. Whenever the
current closure cost estimate decreases, the face amount may be reduced to the amount of the current closure cost
estimate following written approval by the Regional Administrator.
(10) The Regional Administrator will give written consent to the owner or operator that he may terminate the
insurance policy when:
(i) An owner or operator substitutes alternate financial assurance as specified in this section; or
(ii) The Regional Administrator releases the owner or operator from the requirements of this section in accordance
with §265.143(h).
(e) Financial test and corporate guarantee for closure. (1) An owner or operator may satisfy the requirements of this
section by demonstrating that he passes a financial test as specified in this paragraph. To pass this test the owner or
operator must meet the criteria of either paragraph (e)(1)(i) or (ii) of this section:
(i) The owner or operator must have:
(A) Two of the following three ratios: A ratio of total liabilities to net worth less than 2.0; a ratio of the sum of net
income plus depreciation, depletion, and amortization to total liabilities greater than 0.1; and a ratio of current assets
to current liabilities greater than 1.5; and
(B) Net working capital and tangible net worth each at least six times the sum of the current closure and post-closure
cost estimates and the current plugging and abandonment cost estimates; and
(C) Tangible net worth of at least $10 million; and
(D) Assets located in the United States amounting to at least 90 percent of total assets or at least six times the sum of
the current closure and post-closure cost estimates and the current plugging and abandonment cost estimates.
(ii) The owner or operator must have:
(A) A current rating for his most recent bond issuance of AAA, AA, A, or BBS as issued by Standard and Poor's or
Aaa, Aa, A, or Baa as issued by Moody's; and
(B) Tangible net worth at least six times the sum of the current closure and post-closure cost estimates and the
current plugging and abandonment cost estimates; and
(C) Tangible net worth of at least $10 million; and
(D) Assets located in the United States amounting to at least 90 percent of total assets or at least six times the sum of
the current closure and post-closure cost estimates and the current plugging and abandonment cost estimates.
(2) The phrase "current closure and post-closure cost estimates" as used in paragraph (e)(1) of this section refers to
the cost estimates required to be shown in paragraphs 1-4 of the letter from the owner's or operator's chief financial
officer (§264.151 (f)). The phrase "current plugging and abandonment cost estimates" as used in paragraph (e)(1) of
this section refers to the cost estimates required to be shown in paragraphs 1-4 of the letter from the owner's or
operator's chief financial officer (§144.70(f) of this title).
(3) To demonstrate that he meets this test, the owner or operator must submit the following items to the Regional
Administrator:
(i) A letter signed by the owner's or operator's chief financial officer and worded as specified in §264.151 (f); and
(ii) A copy of the independent certified public accountant's report on examination of the owner's or operator's financial
statements for the latest completed fiscal year; and
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(iii) A special report from the owner's or operator's independent certified public accountant to the owner or operator
stating that:
(A) He has compared the data which the letter from the chief financial officer specifies as having been derived from
the independently audited, year-end financial statements for the latest fiscal year with the amounts in such financial
statements; and
(B) In connection with that procedure, no matters came to his attention which caused him to believe that the specified
data should be adjusted.
(4) The owner or operator may obtain an extension of the time allowed for submission of the documents specified in
paragraph (e)(3) of this section if the fiscal year of the owner or operator ends during the 90 days prior to the effective
date of these regulations and if the year-end financial statements for that fiscal year will be audited by an independent
certified public accountant. The extension will end no later than 90 days after the end of the owner's or operator's
fiscal year. To obtain the extension, the owner's or operator's chief financial officer must send, by the effective date of
these regulations, a letter to the Regional Administrator of each Region in which the owner's or operator's facilities to
be covered by the financial test are located. This letter from the chief financial officer must:
(i) Request the extension;
(ii) Certify that he has grounds to believe that the owner or operator meets the criteria of the financial test;
(iii) Specify for each facility to be covered by the test the EPA Identification Number, name, address, and current
closure and post-closure cost estimates to be covered by the test;
(iv) Specify the date ending the owner's or operator's last complete fiscal year before the effective date of these
regulations;
(v) Specify the date, no later than 90 days after the end of such fiscal year, when he will submit the documents
specified in paragraph (e)(3) of this section; and
(vi) Certify that the year-end financial statements of the owner or operator for such fiscal year will be audited by an
independent certified public accountant.
(5) After the initial submission of items specified in paragraph (e)(3) of this section, the owner or operator must send
updated information to the Regional Administrator within 90 days after the close of each succeeding fiscal year. This
information must consist of all three items specified in paragraph (e)(3) of this section.
(6) If the owner or operator no longer meets the requirements of paragraph (e)(1) of this section, he must send notice
to the Regional Administrator of intent to establish alternate financial assurance as specified in this section. The
notice must be sent by certified mail within 90 days after the end of the fiscal year for which the year-end financial
data show that the owner or operator no longer meets the requirements. The owner or operator must provide the
alternate financial assurance within 120 days after the end of such fiscal year.
(7) The Regional Administrator may, based on a reasonable belief that the owner or operator may no longer meet the
requirements of paragraph (e)(1) of this section, require reports of financial condition at any time from the owner or
operator in addition to those specified in paragraph (e)(3) of this section. If the Regional Administrator finds, on the
basis of such reports or other information, that the owner or operator no longer meets the requirements of paragraph
(e)(1) of this section, the owner or operator must provide alternate financial assurance as specified in this section
within 30 days after notification of such a finding.
(8) The Regional Administrator may disallow use of this test on the basis of qualifications in the opinion expressed by
the independent certified public accountant in his report on examination of the owner's or operator's financial
statements (see paragraph (e)(3)(ii) of this section). An adverse opinion or a disclaimer of opinion will be cause for
disallowance. The Regional Administrator will evaluate other qualifications on an individual basis. The owner or
operator must provide alternate financial assurance as specified in this section within 30 days after notification of the
disallowance.
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(9) The owner or operator is no longer required to submit the items specified in paragraph (e)(3) of this section when:
(i) An owner or operator substitutes alternate financial assurance as specified in this section; or
(ii) The Regional Administrator releases the owner or operator from the requirements of this section in accordance
with §265.143(h).
(10) An owner or operator may meet the requirements of this section by obtaining a written guarantee. The guarantor
must be the direct or higher-tier parent corporation of the owner or operator, a firm whose parent corporation is also
the parent corporation of the owner or operator, or a firm with a "substantial business relationship" with the owner or
operator. The guarantor must meet the requirements for owners or operators in paragraphs (e)(1) through (8) of this
section and must comply with the terms of the guarantee. The wording of the guarantee must be identical to the
wording specified in §264.151 (h). A certified copy of the guarantee must accompany the items sent to the Regional
Administrator as specified in paragraph (e)(3) of this section. One of these items must be the letter from the
guarantor's chief financial officer. If the guarantor's parent corporation is also the parent corporation of the owner or
operator, the letter must describe the value received in consideration of the guarantee. If the guarantor is a firm with a
"substantial business relationship" with the owner or operator, this letter must describe this "substantial business
relationship" and the value received in consideration of the guarantee. The terms of the guarantee must provide that:
(i) If the owner or operator fails to perform final closure of a facility covered by the corporate guarantee in accordance
with the closure plan and other interim status requirements whenever required to do so, the guarantor will do so or
establish a trust fund as specified in §265.143(a) in the name of the owner or operator.
(ii) The corporate guarantee will remain in force unless the guarantor sends notice of cancellation by certified mail to
the owner or operator and to the Regional Administrator. Cancellation may not occur, however, during the 120 days
beginning on the date of receipt of the notice of cancellation by both the owner or operator and the Regional
Administrator, as evidenced by the return receipts.
(iii) If the owner or operator fails to provide alternate financial assurance as specified in this section and obtain the
written approval of such alternate assurance from the Regional Administrator within 90 days after receipt by both the
owner or operator and the Regional Administrator of a notice of cancellation of the corporate guarantee from the
guarantor, the guarantor will provide such alternate financial assurance in the name of the owner or operator.
(f) Use of multiple financial mechanisms. An owner or operator may satisfy the requirements of this section by
establishing more than one financial mechanism per facility. These mechanisms are limited to trust funds, surety
bonds, letters of credit, and insurance. The mechanisms must be as specified in paragraphs (a) through (d),
respectively, of this section, except that it is the combination of mechanisms, rather than the single mechanism, which
must provide financial assurance for an amount at least equal to the current closure cost estimate. If an owner or
operator uses a trust fund in combination with a surety bond or a letter of credit, he may use the trust fund as the
standby trust fund for the other mechanisms. A single standby trust fund may be established for two or more
mechanisms. The Regional Administrator may use any or all of the mechanisms to provide for closure of the facility.
(g) Use of a financial mechanism for multiple facilities. An owner or operator may use a financial assurance
mechanism specified in this section to meet the requirements of this section for more than one facility. Evidence of
financial assurance submitted to the Regional Administrator must include a list showing, for each facility, the EPA
Identification Number, name, address, and the amount of funds for closure assured by the mechanism. If the facilities
covered by the mechanism are in more than one Region, identical evidence of financial assurance must be submitted
to and maintained with the Regional Administrators of all such Regions. The amount of funds available through the
mechanism must be no less than the sum of funds that would be available if a separate mechanism had been
established and maintained for each facility. In directing funds available through the mechanism for closure of any of
the facilities covered by the mechanism, the Regional Administrator may direct only the amount of funds designated
for that facility, unless the owner or operator agrees to the use of additional funds available under the mechanism.
(h) Release of the owner or operator from the requirements of this section. Within 60 days after receiving
certifications from the owner or operator and a qualified Professional Engineer that final closure has been completed
in accordance with the approved closure plan, the Regional Administrator will notify the owner or operator in writing
that he is no longer required by this section to maintain financial assurance for final closure of the facility, unless the
Regional Administrator has reason to believe that final closure has not been in accordance with the approved closure
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plan. The Regional Administrator shall provide the owner or operator a detailed written statement of any such reason
to believe that closure has not been in accordance with the approved closure plan.
[47 FR 15064, Apr. 7, 1982, as amended at 51 FR 16456, May 2, 1986; 57 FR 42843, Sept. 16, 1992; 71 FR 16909,
Apr. 4, 2006]
§ 265.144 Cost estimate for post-closure care.
(a) The owner or operator of a hazardous waste disposal unit must have a detailed written estimate, in current
dollars, of the annual cost of post-closure monitoring and maintenance of the facility in accordance with the applicable
post-closure regulations in §§265.117 through 265.120, 265.228, 265.258, 265.280, and 265.310.
(1) The post-closure cost estimate must be based on the costs to the owner or operator of hiring a third party to
conduct post-closure care activities. A third party is a party who is neither a parent nor subsidiary of the owner or
operator. (See definition of parent corporation in §265.141(d).)
(2) The post-closure cost estimate is calculated by multiplying the annual post-closure cost estimate by the number of
years of post-closure care required under §265.117.
(b) During the active life of the facility, the owner or operator must adjust the post-closure cost estimate for inflation
within 60 days prior to the anniversary date of the establishment of the financial instrument(s) used to comply with
§265.145. For owners or operators using the financial test or corporate guarantee, the post-closure care cost
estimate must be updated for inflation no later than 30 days after the close of the firm's fiscal year and before
submission of updated information to the Regional Administrator as specified in §265.145(d)(5). The adjustment may
be made by recalculating the post-closure cost estimate in current dollars or by using an inflation factor derived from
the most recent Implicit Price Deflator for Gross National Product published by the U.S. Department of Commerce in
its Survey of Current Business as specified in §265.145 (b)(1) and (2). The inflation factor is the result of dividing the
latest published annual Deflator by the Deflator for the previous year.
(1) The first adjustment is made by multiplying the post-closure cost estimate by the inflation factor. The result is the
adjusted post-closure cost estimate.
(2) Subsequent adjustments are made by multiplying the latest adjusted post-closure cost estimate by the latest
inflation factor.
(c) During the active life of the facility, the owner or operator must revise the post-closure cost estimate no later than
30 days after a revision to the post-closure plan which increases the cost of post-closure care. If the owner or
operator has an approved post-closure plan, the post-closure cost estimate must be revised no later than 30 days
after the Regional Administrator has approved the request to modify the plan, if the change in the post-closure plan
increases the cost of post-closure care. The revised post-closure cost estimate must be adjusted for inflation as
specified in §265.144(b).
(d) The owner or operator must keep the following at the facility during the operating life of the facility: the latest post-
closure cost estimate prepared in accordance with §265.144 (a) and (c) and, when this estimate has been adjusted in
accordance with §265.144(b), the latest adjusted post-closure cost estimate.
[47 FR 15064, Apr. 7, 1982, as amended at 50 FR 4514, Jan. 31, 1985; 51 FR 16457, May 2, 1986]
§ 265.145 Financial assurance for post-closure care.
By the effective date of these regulations, an owner or operator of a facility with a hazardous waste disposal unit must
establish financial assurance for post-closure care of the disposal unit(s).
(a) Post-closure trust fund. (1) An owner or operator may satisfy the requirements of this section by establishing a
post-closure trust fund which conforms to the requirements of this paragraph and submitting an originally signed
duplicate of the trust agreement to the Regional Administrator. The trustee must be an entity which has the authority
to act as a trustee and whose trust operations are regulated and examined by a Federal or State agency.
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(2) The wording of the trust agreement must be identical to the wording specified in §264.151(a)(1), and the trust
agreement must be accompanied by a formal certification of acknowledgment (for example, see §264. 1 51 (a)(2)).
Schedule A of the trust agreement must be updated within 60 days after a change in the amount of the current post-
closure cost estimate covered by the agreement.
(3) Payments into the trust fund must be made annually by the owner or operator over the 20 years beginning with
the effective date of these regulations or over the remaining operating life of the facility as estimated in the closure
plan, whichever period is shorter; this period is hereafter referred to as the "pay-in period." The payments into the
post-closure trust fund must be made as follows:
(i) The first payment must be made by the effective date of these regulations, except as provided in paragraph (a)(5)
of this section. The first payment must be at least equal to the current post-closure cost estimate, except as provided
in §265.145(f), divided by the number of years in the pay-in period.
(ii) Subsequent payments must be made no later than 30 days after each anniversary date of the first payment. The
amount of each subsequent payment must be determined by this formula:
CE -
Next payment^
Y
where CE is the current post-closure cost estimate, CV is the current value of the trust fund, and Y is the
number of years remaining in the pay-in period.
(4) The owner or operator may accelerate payments into the trust fund or he may deposit the full amount of the
current post-closure cost estimate at the time the fund is established. However, he must maintain the value of the
fund at no less than the value that the fund would have if annual payments were made as specified in paragraph
(a)(3) of this section.
(5) If the owner or operator establishes a post-closure trust fund after having used one or more alternate mechanisms
specified in this section, his first payment must be in at least the amount that the fund would contain if the trust fund
were established initially and annual payments made as specified in paragraph (a)(3) of this section.
(6) After the pay-in period is completed, whenever the current post-closure cost estimate changes during the
operating life of the facility, the owner or operator must compare the new estimate with the trustee's most recent
annual valuation of the trust fund. If the value of the fund is less than the amount of the new estimate, the owner or
operator, within 60 days after the change in the cost estimate, must either deposit an amount into the fund so that its
value after this deposit at least equals the amount of the current post-closure cost estimate, or obtain other financial
assurance as specified in this section to cover the difference.
(7) During the operating life of the facility, if the value of the trust fund is greater than the total amount of the current
post-closure cost estimate, the owner or operator may submit a written request to the Regional Administrator for
release of the amount in excess of the current post-closure cost estimate.
(8) If an owner or operator substitutes other financial assurance as specified in this section for all or part of the trust
fund, he may submit a written request to the Regional Administrator for release of the amount in excess of the current
post-closure cost estimate covered by the trust fund.
(9) Within 60 days after receiving a request from the owner or operator for release of funds as specified in paragraph
(a) (7) or (8) of this section, the Regional Administrator will instruct the trustee to release to the owner or operator
such funds as the Regional Administrator specifies in writing.
(10) During the period of post-closure care, the Regional Administrator may approve a release of funds if the owner
or operator demonstrates to the Regional Administrator that the value of the trust fund exceeds the remaining cost of
post-closure care.
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(11) An owner or operator or any other person authorized to conduct post-closure care may request reimbursements
for post-closure expenditures by submitting itemized bills to the Regional Administrator. Within 60 days after receiving
bills for post-closure care activities, the Regional Administrator will instruct the trustee to make reimbursements in
those amounts as the Regional Administrator specifies in writing, if the Regional Administrator determines that the
post-closure expenditures are in accordance with the approved post-closure plan or otherwise justified. If the
Regional Administrator does not instruct the trustee to make such reimbursements, he will provide the owner or
operator with a detailed written statement of reasons.
(12) The Regional Administrator will agree to termination of the trust when:
(i) An owner or operator substitutes alternate financial assurance as specified in this section; or
(ii) The Regional Administrator releases the owner or operator from the requirements of this section in accordance
with §265.145(h).
(b) Surety bond guaranteeing payment into a post-closure trust fund. (1) An owner or operator may satisfy the
requirements of this section by obtaining a surety bond which conforms to the requirements of this paragraph and
submitting the bond to the Regional Administrator. The surety company issuing the bond must, at a minimum, be
among those listed as acceptable sureties on Federal bonds in Circular 570 of the U.S. Department of the Treasury.
(2) The wording of the surety bond must be identical to the wording specified in §264.151(b).
(3) The owner or operator who uses a surety bond to satisfy the requirements of this section must also establish a
standby trust fund. Under the terms of the bond, all payments made thereunder will be deposited by the surety
directly into the standby trust fund in accordance with instructions from the Regional Administrator. This standby trust
fund must meet the requirements specified in §265.145(a), except that:
(i) An originally signed duplicate of the trust agreement must be submitted to the Regional Administrator with the
surety bond; and
(ii) Until the standby trust fund is funded pursuant to the requirements of this section, the following are not required by
these regulations:
(A) Payments into the trust fund as specified in §265.145(a);
(B) Updating of Schedule A of the trust agreement (see §264.151 (a)) to show current post-closure cost estimates;
(C) Annual valuations as required by the trust agreement; and
(D) Notices of nonpayment as required by the trust agreement.
(4) The bond must guarantee that the owner or operator will:
(i) Fund the standby trust fund in an amount equal to the penal sum of the bond before the beginning of final closure
of the facility; or
(ii) Fund the standby trust fund in an amount equal to the penal sum within 15 days after an administrative order to
begin final closure issued by the Regional Administrator becomes final, or within 15 days after an order to begin final
closure is issued by a U.S. district court or other court of competent jurisdiction; or
(iii) Provide alternate financial assurance as specified in this section, and obtain the Regional Administrator's written
approval of the assurance provided, within 90 days after receipt by both the owner or operator and the Regional
Administrator of a notice of cancellation of the bond from the surety.
(5) Under the terms of the bond, the surety will become liable on the bond obligation when the owner or operator fails
to perform as guaranteed by the bond.
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(6) The penal sum of the bond must be in an amount at least equal to the current post-closure cost estimate, except
as provided in §265.145(f).
(7) Whenever the current post-closure cost estimate increases to an amount greater than the penal sum, the owner
or operator, within 60 days after the increase, must either cause the penal sum to be increased to an amount at least
equal to the current post-closure cost estimate and submit evidence of such increase to the Regional Administrator,
or obtain other financial assurance as specified in this section to cover the increase. Whenever the current post-
closure cost estimate decreases, the penal sum may be reduced to the amount of the current post-closure cost
estimate following written approval by the Regional Administrator.
(8) Under the terms of the bond, the surety may cancel the bond by sending notice of cancellation by certified mail to
the owner or operator and to the Regional Administrator. Cancellation may not occur, however, during the 120 days
beginning on the date of receipt of the notice of cancellation by both the owner or operator and the Regional
Administrator, as evidenced by the return receipts.
(9) The owner or operator may cancel the bond if the Regional Administrator has given prior written consent based on
his receipt of evidence of alternate financial assurance as specified in this section.
(c) Post-closure letter of credit. (1) An owner or operator may satisfy the requirements of this section by obtaining an
irrevocable standby letter of credit which conforms to the requirements of this paragraph and submitting the letter to
the Regional Administrator. The issuing institution must be an entity which has the authority to issue letters of credit
and whose letter-of-credit operations are regulated and examined by a Federal or State agency.
(2) The wording of the letter of credit must be identical to the wording specified in §264.151 (d).
(3) An owner or operator who uses a letter of credit to satisfy the requirements of this section must also establish a
standby trust fund. Under the terms of the letter of credit, all amounts paid pursuant to a draft by the Regional
Administrator will be deposited by the issuing institution directly into the standby trust fund in accordance with
instructions from the Regional Administrator. This standby trust fund must meet the requirements of the trust fund
specified in §265.145(a), except that:
(i) An originally signed duplicate of the trust agreement must be submitted to the Regional Administrator with the
letter of credit; and
(ii) Unless the standby trust fund is funded pursuant to the requirements of this section, the following are not required
by these regulations:
(A) Payments into the trust fund as specified in §265.145(a);
(B) Updating of Schedule A of the trust agreement (see §264.151 (a)) to show current post-closure cost estimates;
(C) Annual valuations as required by the trust agreement; and
(D) Notices of nonpayment as required by the trust agreement.
(4) The letter of credit must be accompanied by a letter from the owner or operator referring to the letter of credit by
number, issuing institution, and date, and providing the following information: The EPA Identification Number, name,
and address of the facility, and the amount of funds assured for post-closure care of the facility by the letter of credit.
(5) The letter of credit must be irrevocable and issued for a period of at least 1 year. The letter of credit must provide
that the expiration date will be automatically extended fora period of at least 1 year unless, at least 120 days before
the current expiration date, the issuing institution notifies both the owner or operator and the Regional Administrator
by certified mail of a decision not to extend the expiration date. Under the terms of the letter of credit, the 120 days
will begin on the date when both the owner or operator and the Regional Administrator have received the notice, as
evidenced by the return receipts.
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(6) The letter of credit must be issued in an amount at least equal to the current post-closure cost estimate, except as
provided in §265.145(f).
(7) Whenever the current post-closure cost estimate increases to an amount greater than the amount of the credit
during the operating life of the facility, the owner or operator, within 60 days after the increase, must either cause the
amount of the credit to be increased so that it at least equals the current post-closure cost estimate and submit
evidence of such increase to the Regional Administrator, or obtain other financial assurance as specified in this
section to cover the increase. Whenever the current post-closure cost estimate decreases during the operating life of
the facility, the amount of the credit may be reduced to the amount of the current post-closure cost estimate following
written approval by the Regional Administrator.
(8) During the period of post-closure care, the Regional Administrator may approve a decrease in the amount of the
letter of credit if the owner or operator demonstrates to the Regional Administrator that the amount exceeds the
remaining cost of post-closure care.
(9) Following a final administrative determination pursuant to section 3008 of RCRA that the owner or operator has
failed to perform post-closure care in accordance with the approved post-closure plan and other permit requirements,
the Regional Administrator may draw on the letter of credit.
(10) If the owner or operator does not establish alternate financial assurance as specified in this section and obtain
written approval of such alternate assurance from the Regional Administrator within 90 days after receipt by both the
owner or operator and the Regional Administrator of a notice from the issuing institution that it has decided not to
extend the letter of credit beyond the current expiration date, the Regional Administrator will draw on the letter of
credit. The Regional Administrator may delay the drawing if the issuing institution grants an extension of the term of
the credit. During the last 30 days of any such extension the Regional Administrator will draw on the letter of credit if
the owner or operator has failed to provide alternate financial assurance as specified in this section and obtain written
approval of such assurance from the Regional Administrator.
(11) The Regional Administrator will return the letter of credit to the issuing institution for termination when:
(i) An owner or operator substitutes alternate financial assurance as specified in this section; or
(ii) The Regional Administrator releases the owner or operator from the requirements of this section in accordance
with §265.145(h).
(d) Post-closure insurance. (1) An owner or operator may satisfy the requirements of this section by obtaining post-
closure insurance which conforms to the requirements of this paragraph and submitting a certificate of such
insurance to the Regional Administrator. By the effective date of these regulations the owner or operator must submit
to the Regional Administrator a letter from an insurer stating that the insurer is considering issuance of post- closure
insurance conforming to the requirements of this paragraph to the owner or operator. Within 90 days after the
effective date of these regulations, the owner or operator must submit the certificate of insurance to the Regional
Administrator or establish other financial assurance as specified in this section. At a minimum, the insurer must be
licensed to transact the business of insurance, or eligible to provide insurance as an excess or surplus lines insurer,
in one or more States.
(2) The wording of the certificate of insurance must be identical to the wording specified in §264.151 (e).
(3) The post-closure insurance policy must be issued for a face amount at least equal to the current post-closure cost
estimate, except as provided in §265.145(f). The term "face amount" means the total amount the insurer is obligated
to pay under the policy. Actual payments by the insurer will not change the face amount, although the insurer's future
liability will be lowered by the amount of the payments.
(4) The post-closure insurance policy must guarantee that funds will be available to provide post-closure care of the
facility whenever the post-closure period begins. The policy must also guarantee that once post-closure care begins
the insurer will be responsible for paying out funds, up to an amount equal to the face amount of the policy, upon the
direction of the Regional Administrator, to such party or parties as the Regional Administrator specifies.
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(5) An owner or operator or any other person authorized to perform post-closure care may request reimbursement for
post-closure care expenditures by submitting itemized bills to the Regional Administrator. Within 60 days after
receiving bills for post-closure care activities, the Regional Administrator will instruct the insurer to make
reimbursements in those amounts as the Regional Administrator specifies in writing, if the Regional Administrator
determines that the post-closure expenditures are in accordance with the approved post-closure plan or otherwise
justified. If the Regional Administrator does not instruct the insurer to make such reimbursements, he will provide a
detailed written statement of reasons.
(6) The owner or operator must maintain the policy in full force and effect until the Regional Administrator consents to
termination of the policy by the owner or operator as specified in paragraph (d)(11) of this section. Failure to pay the
premium, without substitution of alternate financial assurance as specified in the section, will constitute a significant
violation of these regulations, warranting such remedy as the Regional Administrator deems necessary. Such
violation will be deemed to begin upon receipt by the Regional Administrator of a notice of future cancellation,
termination, or failure to renew due to nonpayment of the premium, rather than upon the date of expiration.
(7) Each policy most contain a provision allowing assignment of the policy to a successor owner or operator. Such
assignment may be conditional upon consent of the insurer, provided such consent is not unreasonably refused.
(8) The policy must provide that the insurer may not cancel, terminate, or fail to renew the policy except for failure to
pay the premium. The automatic renewal of the policy must, at a minimum, provide the insured with the option of
renewal at the face amount of the expiring policy. If there is a failure to pay the premium, the insurer may elect to
cancel, terminate, or fail to renew the policy by sending notice by certified mail to the owner or operator and the
Regional Administrator. Cancellation, termination, or failure to renew may not occur, however, during the 120 days
beginning with the date of receipt of the notice by both the Regional Administrator and the owner or operator, as
evidenced by the return receipts. Cancellation, termination, or failure to renew may not occur and the policy will
remain in full force and effect in the event that on or before the date of expiration:
(i) The Regional Administrator deems the facility abandoned; or
(ii) Interim status is terminated or revoked; or
(iii) Closure is ordered by the Regional Administrator or a U.S. district court or other court of competent jurisdiction; or
(iv) The owner or operator is named as debtor in a voluntary or involuntary proceeding under Title 11 (Bankruptcy),
U.S. Code; or
(v) The premium due is paid.
(9) Whenever the current post-closure cost estimate increases to an amount greater than the face amount of the
policy during the operating life of the facility, the owner or operator, within 60 days after the increase, must either
cause the face amount to be increased to an amount at least equal to the current post-closure cost estimate and
submit evidence of such increase to the Regional Administrator, or obtain other financial assurance as specified in
this section to cover the increase. Whenever the current post-closure cost estimate decreases during the operating
life of the facility, the face amount may be reduced to the amount of the current post-closure cost estimate following
written approval by the Regional Administrator.
(10) Commencing on the date that liability to make payments pursuant to the policy accrues, the insurer will thereafter
annually increase the face amount of the policy. Such increase must be equivalent to the face amounts of the policy,
less any payments made, multiplied by an amount equivalent to 85 percent of the most recent investment rate or of
the equivalent coupon-issue yield announced by the U.S. Treasury for 26-week Treasury securities.
(11) The Regional Administrator will give written consent to the owner or operator that he may terminate the
insurance policy when:
(i) An owner or operator substitutes alternate financial assurance as specified in this section; or
(ii) The Regional Administrator releases the owner or operator from the requirements of this section in accordance
with §265.145(h).
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(e) Financial test and corporate guarantee for post-closure care. (1) An owner or operator may satisfy the
requirements of this section by demonstrating that he passes a financial test as specified in this paragraph. To pass
this test the owner or operator must meet the criteria either of paragraph (e)(1 )(i) or (ii) of this section:
(i) The owner or operator must have:
(A) Two of the following three ratios: a ratio of total liabilities to net worth less than 2.0; a ratio of the sum of net
income plus depreciation, depletion, and amortization to total liabilities greater than 0.1; and a ratio of current assets
to current liabilities greater than 1.5; and
(B) Net working capital and tangible net worth each at least six times the sum of the current closure and post-closure
cost estimates and the current plugging and abandonment cost estimates; and
(C) Tangible net worth of at least $10 million; and
(D) Assets in the United States amounting to at least 90 percent of his total assets or at least six times the sum of the
current closure and post-closure cost estimates and the current plugging and abandonment cost estimates.
(ii) The owner or operator must have:
(A) A current rating for his most recent bond issuance of AAA, AA, A, or BBS as issued by Standard and Poor's or
Aaa, Aa, A, or Baa as issued by Moody's; and
(B) Tangible net worth at least six times the sum of the current closure and post-closure cost estimates and the
current plugging and abandonment cost estimates; and
(C) Tangible net worth of at least $10 million; and
(D) Assets located in the United States amounting to at least 90 percent of his total assets or at least six times the
sum of the current closure and post-closure cost estimates and the current plugging and abandonment cost
estimates.
(2) The phrase "current closure and post-closure cost estimates" as used in paragraph (e)(1) of this section refers to
the cost estimates required to be shown in paragraphs 1-4 of the letter from the owner's or operator's chief financial
officer (§264.151 (f)). The phrase "current plugging and abandonment cost estimates" as used in paragraph (e)(1) of
this section refers to the cost estimates required to be shown in paragraphs 1-4 of the letter from the owner's or
operator's chief financial officer (§144.70(f) of this title).
(3) To demonstrate that he meets this test, the owner or operator must submit the following items to the Regional
Administrator:
(i) A letter signed by the owner's or operator's chief financial officer and worded as specified in §264.151 (f); and
(ii) A copy of the independent certified public accountant's report on examination of the owner's or operator's financial
statements for the latest completed fiscal year; and
(iii) A special report from the owner's or operator's independent certified public accountant to the owner or operator
stating that:
(A) He has compared the data which the letter from the chief financial officer specifies as having been derived from
the independently audited, year-end financial statements for the latest fiscal year with the amounts in such financial
statements; and
(B) In connection with that procedure, no matters came to his attention which caused him to believe that the specified
data should be adjusted.
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(4) The owner or operator may obtain an extension of the time allowed for submission of the documents specified in
paragraph (e)(3) of this section if the fiscal year of the owner or operator ends during the 90 days prior to the effective
date of these regulations and if the year-end financial statements for that fiscal year will be audited by an independent
certified public accountant. The extension will end no later than 90 days after the end of the owner's or operator's
fiscal year. To obtain the extension, the owner's or operator's chief financial officer must send, by the effective date of
these regulations, a letter to the Regional Administrator of each Region in which the owner's or operator's facilities to
be covered by the financial test are located. This letter from the chief financial officer must:
(i) Request the extension;
(ii) Certify that he has grounds to believe that the owner or operator meets the criteria of the financial test;
(iii) Specify for each facility to be covered by the test the EPA Identification Number, name, address, and the current
closure and post-closure cost estimates to be covered by the test;
(iv) Specify the date ending the owner's or operator's latest complete fiscal year before the effective date of these
regulations;
(v) Specify the date, no later than 90 days after the end of such fiscal year, when he will submit the documents
specified in paragraph (e)(3) of this section; and
(vi) Certify that the year-end financial statements of the owner or operator for such fiscal year will be audited by an
independent certified public accountant.
(5) After the initial submission of items specified in paragraph (e)(3) of this section, the owner or operator must send
updated information to the Regional Administrator within 90 days after the close of each succeeding fiscal year. This
information must consist of all three items specified in paragraph (e)(3) of this section.
(6) If the owner or operator no longer meets the requirements of paragraph (e)(1) of this section, he must send notice
to the Regional Administrator of intent to establish alternate financial assurance as specified in this section. The
notice must be sent by certified mail within 90 days after the end of the fiscal year for which the year-end financial
data show that the owner or operator no longer meets the requirements. The owner or operator must provide the
alternate financial assurance within 120 days after the end of such fiscal year.
(7) The Regional Administrator may, based on a reasonable belief that the owner or operator may no longer meet the
requirements of paragraph (e)(1) of this section, require reports of financial condition at any time from the owner or
operator in addition to those specified in paragraph (e)(3) of this section. If the Regional Administrator finds, on the
basis of such reports or other information, that the owner or operator no longer meets the requirements of paragraph
(e)(1) of this section, the owner or operator must provide alternate financial assurance as specified in this section
within 30 days after notification of such a finding.
(8) The Regional Administrator may disallow use of this test on the basis of qualifications in the opinion expressed by
the independent certified public accountant in his report on examination of the owner's or operator's financial
statements (see paragraph (e)(3)(ii) of this section). An adverse opinion or a disclaimer of opinion will be cause for
disallowance. The Regional Administrator will evaluate other qualifications on an individual basis. The owner or
operator must provide alternate financial assurance as specified in this section within 30 days after notification of the
disallowance.
(9) During the period of post-closure care, the Regional Administrator may approve a decrease in the current post-
closure cost estimate for which this test demonstrates financial assurance if the owner or operator demonstrates to
the Regional Administrator that the amount of the cost estimate exceeds the remaining cost of post-closure care.
(10) The owner or operator is no longer required to submit the items specified in paragraph (e)(3) of this section
when:
(i) An owner or operator substitutes alternate financial assurance as specified in this section; or
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(ii) The Regional Administrator releases the owner or operator from the requirements of this section in accordance
with §265.145(h).
(11) An owner or operator may meet the requirements of this section by obtaining a written guarantee. The guarantor
must be the direct or higher-tier parent corporation of the owner or operator, a firm whose parent corporation is also
the parent corporation of the owner or operator, or a firm with a "substantial business relationship" with the owner or
operator. The guarantor must meet the requirements for owners or operators in paragraphs (e)(1) through (9) of this
section and must comply with the terms of the guarantee. The wording of the guarantee must be identical to the
wording specified in §264.151 (h). A certified copy of the guarantee must accompany the items sent to the Regional
Administrator as specified in paragraph (e)(3) of this section. One of these items must be the letter from the
guarantor's chief financial officer. If the guarantor's parent corporation is also the parent corporation of the owner or
operator, the letter must describe the value received in consideration of the guarantee. If the guarantor is a firm with a
"substantial business relationship" with the owner or operator, this letter must describe this "substantial business
relationship" and the value received in consideration of the guarantee. The terms of the guarantee must provide that:
(i) If the owner or operator fails to perform post-closure care of a facility covered by the corporate guarantee in
accordance with the post-closure plan and other interim status requirements whenever required to do so, the
guarantor will do so or establish a trust fund as specified in §265.145(a) in the name of the owner or operator.
(ii) The corporate guarantee will remain in force unless the guarantor sends notice of cancellation by certified mail to
the owner or operator and to the Regional Administrator. Cancellation may not occur, however, during the 120 days
beginning on the date of receipt of the notice of cancellation by both the owner or operator and the Regional
Administrator, as evidenced by the return receipts.
(iii) If the owner or operator fails to provide alternate financial assurance as specified in this section and obtain the
written approval of such alternate assurance from the Regional Administrator within 90 days after receipt by both the
owner or operator and the Regional Administrator of a notice of cancellation of the corporate guarantee from the
guarantor, the guarantor will provide such alternate financial assurance in the name of the owner or operator.
(f) Use of multiple financial mechanisms. An owner or operator may satisfy the requirements of this section by
establishing more than one financial mechanism per facility. These mechanisms are limited to trust funds, surety
bonds, letters of credit, and insurance. The mechanisms must be as specified in paragraphs (a) through (d),
respectively, of this section, except that it is the combination of mechanisms, rather than the single mechanism, which
must provide financial assurance for an amount at least equal to the current post-closure cost estimate. If an owner or
operator uses a trust fund in combination with a surety bond or a letter of credit, he may use the trust fund as the
standby trust fund for the other mechanisms. A single standby trust fund may be established for two or more
mechanisms. The Regional Administrator may use any or all of the mechanisms to provide for post-closure care of
the facility.
(g) Use of a financial mechanism for multiple facilities. An owner or operator may use a financial assurance
mechanism specified in this section to meet the requirements of this section for more than one facility. Evidence of
financial assurance submitted to the Regional Administrator must include a list showing, for each facility, the EPA
Identification Number, name, address, and the amount of funds for post-closure care assured by the mechanism. If
the facilities covered by the mechanism are in more than one Region, identical evidence of financial assurance must
be submitted to and maintained with the Regional Administrators of all such Regions. The amount of funds available
through the mechanism must be no less than the sum of funds that would be available if a separate mechanism had
been established and maintained for each facility. In directing funds available through the mechanism for post-closure
care of any of the facilities covered by the mechanism, the Regional Administrator may direct only the amount of
funds designated for that facility, unless the owner or operator agrees to the use of additional funds available under
the mechanism.
(h) Release of the owner or operator from the requirements of this section. Within 60 days after receiving
certifications from the owner or operator and a qualified Professional Engineer that the post-closure care period has
been completed for a hazardous waste disposal unit in accordance with the approved plan, the Regional
Administrator will notify the owner or operator in writing that he is no longer required to maintain financial assurance
for post-closure care of that unit, unless the Regional Administrator has reason to believe that post-closure care has
not been in accordance with the approved post-closure plan. The Regional Administrator shall provide the owner or
operator a detailed written statement of any such reason to believe that post-closure care has not been in accordance
with the approved post-closure plan.
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[47 FR 15064, Apr. 7, 1982, as amended at 51 FR 16457, May 2, 1986; 57 FR 42843, Sept. 16, 1992; 71 FR 16909,
Apr. 4, 2006; 71 FR 40275, July 14, 2006]
§ 265.146 Use of a mechanism for financial assurance of both closure and post-closure care.
An owner or operator may satisfy the requirements for financial assurance for both closure and post-closure care for
one or more facilities by using a trust fund, surety bond, letter of credit, insurance, financial test, or corporate
guarantee that meets the specifications for the mechanism in both §§265.143 and 265.145. The amount of funds
available through the mechanism must be no less than the sum of funds that would be available if a separate
mechanism had been established and maintained for financial assurance of closure and of post-closure care.
§ 265.147 Liability requirements.
(a) Coverage for sudden accidental occurrences. An owner or operator of a hazardous waste treatment, storage, or
disposal facility, or a group of such facilities, must demonstrate financial responsibility for bodily injury and property
damage to third parties caused by sudden accidental occurrences arising from operations of the facility or group of
facilities. The owner or operator must have and maintain liability coverage for sudden accidental occurrences in the
amount of at least $1 million per occurrence with an annual aggregate of at least $2 million, exclusive of legal
defense costs. This liability coverage may be demonstrated as specified in paragraphs (a) (1), (2), (3), (4), (5), or (6)
of this section:
(1) An owner or operator may demonstrate the required liability coverage by having liability insurance as specified in
this paragraph.
(i) Each insurance policy must be amended by attachment of the Hazardous Waste Facility Liability Endorsement, or
evidenced by a Certificate of Liability Insurance. The wording of the endorsement must be identical to the wording
specified in §264.151(1). The wording of the certificate of insurance must be identical to the wording specified in
§264.151 (j). The owner or operator must submit a signed duplicate original of the endorsement or the certificate of
insurance to the Regional Administrator, or Regional Administrator if the facilities are located in more than one
Region. If requested by a Regional Administrator, the owner or operator must provide a signed duplicate original of
the insurance policy.
(ii) Each insurance policy must be issued by an insurer which, at a minimum, is licensed to transact the business of
insurance, or eligible to provide insurance as an excess or surplus lines insurer, in one or more States.
(2) An owner or operator may meet the requirements of this section by passing a financial test or using the guarantee
for liability coverage as specified in paragraphs (f) and (g) of this section.
(3) An owner or operator may meet the requirements of this section by obtaining a letter of credit for liability coverage
as specified in paragraph (h) of this section.
(4) An owner or operator may meet the requirements of this section by obtaining a surety bond for liability coverage
as specified in paragraph (i) of this section.
(5) An owner or operator may meet the requirements of this section by obtaining a trust fund for liability coverage as
specified in paragraph (j) of this section.
(6) An owner or operator may demonstrate the required liability coverage through the use of combinations of
insurance, financial test, guarantee, letter of credit, surety bond, and trust fund, except that the owner or operator
may not combine a financial test covering part of the liability coverage requirement with a guarantee unless the
financial statement of the owner or operator is not consolidated with the financial statement of the guarantor. The
amounts of coverage demonstrated must total at least the minimum amounts required by this section. If the owner or
operator demonstrates the required coverage through the use of a combination of financial assurances under this
paragraph, the owner or operator shall specify at least one such assurance as "primary" coverage and shall specify
other assurance as "excess" coverage.
(7) An owner or operator shall notify the Regional Administrator in writing within 30 days whenever:
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(i) A claim results in a reduction in the amount of financial assurance for liability coverage provided by a financial
instrument authorized in paragraphs (a)(1) through (a)(6) of this section; or
(ii) A Certification of Valid Claim for bodily injury or property damages caused by a sudden or non-sudden accidental
occurrence arising from the operation of a hazardous waste treatment, storage, or disposal facility is entered between
the owner or operator and third-party claimant for liability coverage under paragraphs (a)(1) through (a)(6) of this
section; or
(iii) A final court order establishing a judgment for bodily injury or property damage caused by a sudden or non-
sudden accidental occurrence arising from the operation of a hazardous waste treatment, storage, or disposal facility
is issued against the owner or operator or an instrument that is providing financial assurance for liability coverage
under paragraphs (a)(1) through (a)(6) of this section.
(b) Coverage fornonsudden accidental occurrences. An owner or operator of a surface impoundment, landfill, or land
treatment facility which is used to manage hazardous waste, or a group of such facilities, must demonstrate financial
responsibility for bodily injury and property damage to third parties caused by nonsudden accidental occurrences
arising from operations of the facility or group of facilities. The owner or operator must have and maintain liability
coverage for nonsudden accidental occurrences in the amount of at least $3 million per occurrence with an annual
aggregate of at least $6 million, exclusive of legal defense costs. An owner or operator who must meet the
requirements of this section may combine the required per-occurrence coverage levels for sudden and nonsudden
accidental occurrences into a single per-occurrence level, and combine the required annual aggregate coverage
levels for sudden and nonsudden accidental occurrences into a single annual aggregate level. Owners or operators
who combine coverage levels for sudden and nonsudden accidental occurrences must maintain liability coverage in
the amount of at least $4 million per occurrence and $8 million annual aggregate. This liability coverage may be
demonstrated as specified in paragraph (b) (1), (2), (3), (4), (5), or (6) of this section:
(1) An owner or operator may demonstrate the required liability coverage by having liability insurance as specified in
this paragraph.
(i) Each insurance policy must be amended by attachment of the Hazardous Waste Facility Liability Endorsement or
evidenced by a Certificate of Liability Insurance. The wording of the endorsement must be identical to the wording
specified in §264.151(1). The wording of the certificate of insurance must be identical to the wording specified in
§264.151 (j). The owner or operator must submit a signed duplicate original of the endorsement or the certificate of
insurance to the Regional Administrator, or Regional Administrators if the facilities are located in more than one
Region. If requested by a Regional Administrator, the owner or operator must provide a signed duplicate original of
the insurance policy.
(ii) Each insurance policy must be issued by an insurer which, at a minimum, is licensed to transact the business of
insurance, or eligible to provide insurance as an excess or surplus lines insurer, in one or more States.
(2) An owner or operator may meet the requirements of this section by passing a financial test or using the guarantee
for liability coverage as specified in paragraphs (f) and (g) of this section.
(3) An owner or operator may meet the requirements of this section by obtaining a letter of credit for liability coverage
as specified in paragraph (h) of this section.
(4) An owner or operator may meet the requirements of this section by obtaining a surety bond for liability coverage
as specified in paragraph (i) of this section.
(5) An owner or operator may meet the requirements of this section by obtaining a trust fund for liability coverage as
specified in paragraph (j) of this section.
(6) An owner or operator may demonstrate the required liability coverage through the use of combinations of
insurance, financial test, guarantee, letter of credit, surety bond, and trust fund, except that the owner or operator
may not combine a financial test covering part of the liability coverage requirement with a guarantee unless the
financial statement of the owner or operator is not consolidated with the financial statement of the guarantor. The
amounts of coverage demonstrated must total at least the minimum amounts required by this section. If the owner or
operator demonstrates the required coverage through the use of a combination of financial assurances under this
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paragraph, the owner or operator shall specify at least one such assurance as "primary" coverage and shall specify
other assurance as "excess" coverage.
(7) An owner or operator shall notify the Regional Administrator in writing within 30 days whenever:
(i) A claim results in a reduction in the amount of financial assurance for liability coverage provided by a financial
instrument authorized in paragraphs (b)(1) through (b)(6) of this section; or
(ii) A Certification of Valid Claim for bodily injury or property damages caused by a sudden or non-sudden accidental
occurrence arising from the operation of a hazardous waste treatment, storage, or disposal facility is entered between
the owner or operator and third-party claimant for liability coverage under paragraphs (b)(1) through (b)(6) of this
section; or
(iii) A final court order establishing a judgment for bodily injury or property damage caused by a sudden or non-
sudden accidental occurrence arising from the operation of a hazardous waste treatment, storage, or disposal facility
is issued against the owner or operator or an instrument that is providing financial assurance for liability coverage
under paragraphs (b)(1) through (b)(6) of this section.
(c) Request for variance. If an owner or operator can demonstrate to the satisfaction of the Regional Administrator
that the levels of financial responsibility required by paragraph (a) or (b) of this section are not consistent with the
degree and duration of risk associated with treatment, storage, or disposal at the facility or group of facilities, the
owner or operator may obtain a variance from the Regional Administrator. The request for a variance must be
submitted in writing to the Regional Administrator. If granted, the variance will take the form of an adjusted level of
required liability coverage, such level to be based on the Regional Administrator's assessment of the degree and
duration of risk associated with the ownership or operation of the facility or group of facilities. The Regional
Administrator may require an owner or operator who requests a variance to provide such technical and engineering
information as is deemed necessary by the Regional Administrator to determine a level of financial responsibility
other than that required by paragraph (a) or (b) of this section. The Regional Administrator will process a variance
request as if it were a permit modification request under §270.41 (a)(5) of this chapter and subject to the procedures
of §124.5 of this chapter. Notwithstanding any other provision, the Regional Administrator may hold a public hearing
at his discretion or whenever he finds, on the basis of requests for a public hearing, a significant degree of pubic
interest in a tentative decision to grant a variance.
(d) Adjustments by the Regional Administrator. If the Regional Administrator determines that the levels of financial
responsibility required by paragraph (a) or (b) of this section are not consistent with the degree and duration of risk
associated with treatment, storage, or disposal at the facility or group of facilities, the Regional Administrator may
adjust the level of financial responsibility required under paragraph (a) or (b) of this section as may be necessary to
protect human health and the environment. This adjusted level will be based on the Regional Administrator's
assessment of the degree and duration of risk associated with the ownership or operation of the facility or group of
facilities. In addition, if the Regional Administrator determines that there is a significant risk to human health and the
environment from nonsudden accidental occurrences resulting from the operations of a facility that is not a surface
impoundment, landfill, or land treatment facility, he may require that an owner or operator of the facility comply with
paragraph (b) of this section. An owner or operator must furnish to the Regional Administrator, within a reasonable
time, any information which the Regional Administrator requests to determine whether cause exists for such
adjustments of level or type of coverage. The Regional Administrator will process an adjustment of the level of
required coverage as if it were a permit modification under §270.41 (a)(5) of this chapter and subject to the
procedures of §124.5 of this chapter. Notwithstanding any other provision, the Regional Administrator may hold a
public hearing at his discretion or whenever he finds, on the basis of requests for a public hearing, a significant
degree of public interest in a tentative decision to adjust the level or type of required coverage.
(e) Period of coverage. Within 60 days after receiving certifications from the owner or operator and a qualified
Professional Engineer that final closure has been completed in accordance with the approved closure plan, the
Regional Administrator will notify the owner or operator in writing that he is no longer required by this section to
maintain liability coverage for that facility, unless the Regional Administrator has reason to believe that closure has
not been in accordance with the approved closure plan.
(f) Financial test for liability coverage. (1) An owner or operator may satisfy the requirements of this section by
demonstrating that he passes a financial test as specified in this paragraph. To pass this test the owner or operator
must meet the criteria of paragraph (f)(1) (i) or (ii) of this section:
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(i) The owner or operator must have:
(A) Net working capital and tangible net worth each at least six times the amount of liability coverage to be
demonstrated by this test; and
(B) Tangible net worth of at least $10 million; and
(C) Assets in the United States amounting to either: ( 1 ) At least 90 percent of his total assets; or ( 2 ) at least six
times the amount of liability coverage to be demonstrated by this test.
(ii) The owner or operator must have:
(A) A current rating for his most recent bond issuance of AAA, AA, A, or BBS as issued by Standard and Poor's, or
Aaa, Aa, A, or Baa as issued by Moody's; and
(B) Tangible net worth of at least $10 million; and
(C) Tangible net worth at least six times the amount of liability coverage to be demonstrated by this test; and
(D) Assets in the United States amounting to either: ( 1 ) At least 90 percent of his total assets; or ( 2 ) at least six
times the amount of liability coverage to be demonstrated by this test.
(2) The phrase "amount of liability coverage" as used in paragraph (f)(1) of this section refers to the annual aggregate
amounts for which coverage is required under paragraphs (a) and (b) of this section.
(3) To demonstrate that he meets this test, the owner or operator must submit the following three items to the
Regional Administrator:
(i) A letter signed by the owner's or operator's chief financial officer and worded as specified in §264.151 (g). If an
owner or operator is using the financial test to demonstrate both assurance for closure or post-closure care, as
specified by §§264.143(f), 264.145(f), 265.143(e), and 265.145(e), and liability coverage, he must submit the letter
specified in §264.151 (g) to cover both forms of financial responsibility; a separate letter as specified in §264.151 (f) is
not required.
(ii) A copy of the independent certified public accountant's report on examination of the owner's or operator's financial
statements for the latest completed fiscal year.
(iii) A special report from the owner's or operator's independent certified public accountant to the owner or operator
stating that:
(A) He has compared the data which the letter from the chief financial officer specifies as having been derived from
the independently audited, year-end financial statements for the latest fiscal year with the amounts in such financial
statements; and
(B) In connection with that procedure, no matters came to his attention which caused him to believe that the specified
data should be adjusted.
(4) The owner or operator may obtain a one-time extension of the time allowed for submission of the documents
specified in paragraph (f)(3) of this section if the fiscal year of the owner or operator ends during the 90 days prior to
the effective date of these regulations and if the year-end financial statements for that fiscal year will be audited by an
independent certified public accountant. The extension will end no later than 90 days after the end of the owner's or
operator's fiscal year. To obtain the extension, the owner's or operator's chief financial officer must send, by the
effective date of these regulations, a letter to the Regional Administrator of each Region in which the owner's or
operator's facilities to be covered by the financial test are located. This letter from the chief financial officer must:
(i) Request the extension;
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(ii) Certify that he has grounds to believe that the owner or operator meets the criteria of the financial test;
(iii) Specify for each facility to be covered by the test the EPA Identification Number, name, address, the amount of
liability coverage and, when applicable, current closure and post-closure cost estimates to be covered by the test;
(iv) Specify the date ending the owner's or operator's last complete fiscal year before the effective date of these
regulations;
(v) Specify the date, no later than 90 days after the end of such fiscal year, when he will submit the documents
specified in paragraph (f)(3) of this section; and
(vi) Certify that the year-end financial statements of the owner or operator for such fiscal year will be audited by an
independent certified public accountant.
(5) After the initial submission of items specified in paragraph (f)(3) of this section, the owner or operator must send
updated information to the Regional Administrator within 90 days after the close of each succeeding fiscal year. This
information must consist of all three items specified in paragraph (f)(3) of this section.
(6) If the owner or operator no longer meets the requirements of paragraph (f)(1) of this section, he must obtain
insurance, a letter of credit, a surety bond, a trust fund, or a guarantee for the entire amount of required liability
coverage as specified in this section. Evidence of liability coverage must be submitted to the Regional Administrator
within 90 days after the end of the fiscal year for which the year-end financial data show that the owner or operator no
longer meets the test requirements.
(7) The Regional Administrator may disallow use of this test on the basis of qualifications in the opinion expressed by
the independent certified public accountant in his report on examination of the owner's or operator's financial
statements (see paragraph (f)(3)(ii) of this section). An adverse opinion or a disclaimer of opinion will be cause for
disallowance. The Regional Administrator will evaluate other qualifications on an individual basis. The owner or
operator must provide evidence of insurance for the entire amount of required liability coverage as specified in this
section within 30 days after notification of disallowance.
(g) Guarantee for liability coverage. (1) Subject to paragraph (g)(2) of this section, an owner or operator may meet the
requirements of this section by obtaining a written guarantee, hereinafter referred to as "guarantee." The guarantor
must be the direct or higher-tier parent corporation of the owner or operator, a firm whose parent corporation is also
the parent corporation of the owner or operator, or a firm with a "substantial business relationship" with the owner or
operator. The guarantor must meet the requirements for owners or operators in paragraphs (f)(1) through (f)(6) of this
section. The wording of the guarantee must be identical to the wording specified in §264.151 (h)(2) of this chapter. A
certified copy of the guarantee must accompany the items sent to the Regional Administrator as specified in
paragraph (f)(3) of this section. One of these items must be the letter from the guarantor's chief financial officer. If the
guarantor's parent corporation is also the parent corporation of the owner or operator, this letter must describe the
value received in consideration of the guarantee. If the guarantor is a firm with a "substantial business relationship"
with the owner or operator, this letter must describe this "substantial business relationship" and the value received in
consideration of the guarantee.
(i) If the owner or operator fails to satisfy a judgment based on a determination of liability for bodily injury or property
damage to third parties caused by sudden or nonsudden accidental occurrences (or both as the case may be),
arising from the operation of facilities covered by this corporate guarantee, or fails to pay an amount agreed to in
settlement of claims arising from or alleged to arise from such injury or damage, the guarantor will do so up to the
limits of coverage.
(ii) [Reserved]
(2)(i) In the case of corporations incorporated in the United States, a guarantee may be used to satisfy the
requirements of this section only if the Attorneys General or Insurance Commissioners of (A) the State in which the
guarantor is incorporated, and (B) each State in which a facility covered by the guarantee is located have submitted a
written statement to EPA that a guarantee executed as described in this section and §264.151 (h)(2) is a legally valid
and enforceable obligation in that State.
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(ii) In the case of corporations incorporated outside the United States, a guarantee may be used to satisfy the
requirements of this section only if (A) the non-U.S. corporation has identified a registered agent for service of
process in each State in which a facility covered by the guarantee is located and in the State in which it has its
principal place of business, and if (B) the Attorney General or Insurance Commissioner of each State in which a
facility covered by the guarantee is located and the State in which the guarantor corporation has its principal place of
business, has submitted a written statement to EPA that a guarantee executed as described in this section and
§264.151(h)(2) is a legally valid and enforceable obligation in that State.
(h) Letter of credit for liability coverage. (1) An owner or operator may satisfy the requirements of this section by
obtaining an irrevocable standby letter of credit that conforms to the requirements of this paragraph and submitting a
copy of the letter of credit to the Regional Administrator.
(2) The financial institution issuing the letter of credit must be an entity that has the authority to issue letters of credit
and whose letter of credit operations are regulated and examined by a Federal or State agency.
(3) The wording of the letter of credit must be identical to the wording specified in §264.151 (k) of this chapter.
(4) An owner or operator who uses a letter of credit to satisfy the requirements of this section may also establish a
standby trust fund. Under the terms of such a letter of credit, all amounts paid pursuant to a draft by the trustee of the
standby trust will be deposited by the issuing institution into the standby trust in accordance with instructions from the
trustee. The trustee of the standby trust fund must be an entity which has the authority to act as a trustee and whose
trust operations are regulated and examined by a Federal or State agency.
(5) The wording of the standby trust fund must be identical to the wording specified in §264.151 (n).
(i) Surety bond for liability coverage. (1) An owner or operator may satisfy the requirements of this section by
obtaining a surety bond that conforms to the requirements of this paragraph and submitting a copy of the bond to the
Regional Administrator.
(2) The surety company issuing the bond must be among those listed as acceptable sureties on Federal bonds in the
most recent Circular 570 of the U.S. Department of the Treasury.
(3) The wording of the surety bond must be identical to the wording specified in §264.151(1) of this chapter.
(4) A surety bond may be used to satisfy the requirements of this section only if the Attorneys General or Insurance
Commissioners of (i) the State in which the surety is incorporated, and (ii) each State in which a facility covered by
the surety bond is located have submitted a written statement to EPA that a surety bond executed as described in
this section and §264.151(1) of this chapter is a legally valid and enforceable obligation in that State.
(j) Trust fund for liability coverage. (1) An owner or operator may satisfy the requirements of this section by
establishing a trust fund that conforms to the requirements of this paragraph and submitting an originally signed
duplicate of the trust agreement to the Regional Administrator.
(2) The trustee must be an entity which has the authority to act as a trustee and whose trust operations are regulated
and examined by a Federal or State agency.
(3) The trust fund for liability coverage must be funded for the full amount of the liability coverage to be provided by
the trust fund before it may be relied upon to satisfy the requirements of this section. If at any time after the trust fund
is created the amount of funds in the trust fund is reduced below the full amount of the liability coverage to be
provided, the owner or operator, by the anniversary date of the establishment of the Fund, must either add sufficient
funds to the trust fund to cause its value to equal the full amount of liability coverage to be provided, or obtain other
financial assurance as specified in this section to cover the difference. For purposes of this paragraph, "the full
amount of the liability coverage to be provided" means the amount of coverage for sudden and/or nonsudden
occurrences required to be provided by the owner or operator by this section, less the amount of financial assurance
for liability coverage that is being provided by other financial assurance mechanisms being used to demonstrate
financial assurance by the owner or operator.
(4) The wording of the trust fund must be identical to the wording specified in §264.151 (m) of this part.
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(k) Notwithstanding any other provision of this part, an owner or operator using liability insurance to satisfy the
requirements of this section may use, until October 16, 1982, a Hazardous Waste Facility Liability Endorsement or
Certificate of Liability Insurance that does not certify that the insurer is licensed to transact the business of insurance,
or eligible as an excess or surplus lines insurer, in one or more States.
[47 FR 16558, Apr. 16, 1982, as amended at 47 FR 28627, July 1, 1982; 47 FR 30447, July 13, 1982; 48 FR 30115,
June 30, 1983; 51 FR 16458, May 2, 1986; 51 FR 25355, July 11, 1986; 52 FR 44321, Nov. 18, 1987; 53 FR 33959,
Sept. 1, 1988; 56 FR 30200, July 1, 1991; 56 FR 47912, Sept. 23, 1991; 57 FR 42843, Sept. 16, 1992; 71 FR 16910,
Apr. 4, 2006; 71 FR 40275, July 14, 2006]
§ 265.148 Incapacity of owners or operators, guarantors, or financial institutions.
(a) An owner or operator must notify the Regional Administrator by certified mail of the commencement of a
voluntary or involuntary proceeding under Title 11 (Bankruptcy), U.S. Code, naming the owner or operator as debtor,
within 10 days after commencement of the proceeding. A guarantor of a corporate guarantee as specified in
§§265.143(e) and 265.145(e) must make such a notification if he is named as debtor, as required under the terms of
the corporate guarantee (§264.151 (h)).
(b) An owner or operator who fulfills the requirements of §265.143, §265.145, or §265.147 by obtaining a trust fund,
surety bond, letter of credit, or insurance policy will be deemed to be without the required financial assurance or
liability coverage in the event of bankruptcy of the trustee or issuing institution, or a suspension or revocation of the
authority of the trustee institution to act as trustee or of the institution issuing the surety bond, letter of credit, or
insurance policy to issue such instruments. The owner or operator must establish other financial assurance or liability
coverage within 60 days after such an event.
§ 265.149 Use of State-required mechanisms.
(a) Fora facility located in a State where EPA is administering the requirements of this subpart but where the State
has hazardous waste regulations that include requirements for financial assurance of closure or post-closure care or
liability coverage, an owner or operator may use State-required financial mechanisms to meet the requirements of
§265.143, §265.145, or §265.147 if the Regional Administrator determines that the State mechanisms are at least
equivalent to the financial mechanisms specified in this subpart. The Regional Administrator will evaluate the
equivalency of the mechanisms principally in terms of (1) certainty of the availability of funds for the required closure
or post-closure care activities or liability coverage and (2) the amount of funds that will be made available. The
Regional Administrator may also consider other factors as he deems appropriate. The owner or operator must submit
to the Regional Administrator evidence of the establishment of the mechanism together with a letter requesting that
the State-required mechanism be considered acceptable for meeting the requirements of this subpart. The
submission must include the following information: The facility's EPA Identification Number, name, and address, and
the amount of funds for closure or post-closure care or liability coverage assured by the mechanism. The Regional
Administrator will notify the owner or operator of his determination regarding the mechanism's acceptability in lieu of
financial mechanisms specified in this subpart. The Regional Administrator may require the owner or operator to
submit additional information as is deemed necessary to make this determination. Pending this determination, the
owner or operator will be deemed to be in compliance with the requirements of §265.143, §265.145, or §265.147, as
applicable.
(b) If a State-required mechanism is found acceptable as specified in paragraph (a) of this section except for the
amount of funds available, the owner or operator may satisfy the requirements of this subpart by increasing the funds
available through the State-required mechanism or using additional financial mechanisms as specified in this subpart.
The amount of funds available through the State and Federal mechanisms must at least equal the amount required
by this subpart.
§ 265.150 State assumption of responsibility.
(a) If a State either assumes legal responsibility for an owner's or operator's compliance with the closure, post-
closure care, or liability requirements of this part or assures that funds will be available from State sources to cover
those requirements, the owner or operator will be in compliance with the requirements of §265.143, §265.145, or
§265.147 if the Regional Administrator determines that the State's assumption of responsibility is at least equivalent
to the financial mechanisms specified in this subpart. The Regional Administrator will evaluate the equivalency of
State guarantees principally in terms of (1) certainty of the availability of funds for the required closure or post-closure
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care activities or liability coverage and (2) the amount of funds that will be made available. The Regional
Administrator may also consider other factors as he deems appropriate. The owner or operator must submit to the
Regional Administrator a letter from the State describing the nature of the State's assumption of responsibility
together with a letter from the owner or operator requesting that the State's assumption of responsibility be
considered acceptable for meeting the requirements of this subpart. The letter from the State must include, or have
attached to it, the following information: The facility's EPA Identification Number, name, and address, and the amount
of funds for closure or post-closure care or liability coverage that are guaranteed by the State. The Regional
Administrator will notify the owner or operator of his determination regarding the acceptability of the State's guarantee
in lieu of financial mechanisms specified in this subpart. The Regional Administrator may require the owner or
operator to submit additional information as is deemed necessary to make this determination. Pending this
determination, the owner or operator will be deemed to be in compliance with the requirements of §§265.143,
§265.145, or §265.147, as applicable.
(b) If a State's assumption of responsibility is found acceptable as specified in paragraph (a) of this section except for
the amount of funds available, the owner or operator may satisfy the requirements of this subpart by use of both the
State's assurance and additional financial mechanisms as specified in this subpart. The amount of funds available
through the State and Federal mechanisms must at least equal the amount required by this subpart.
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.]
[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
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for reduced inspection frequency, the Performance Track member facility must follow the procedures described in
§265.15(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.
[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]
§ 265.176 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 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]
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
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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 subpartW, must meet the requirements of this subpart.
[51 FR 25479, July 14, 1986, as amended at 53 FR 34087, Sept. 2, 1988; 55 FR 50486, Dec. 6, 1990; 58 FR 46050,
Aug. 31, 1993; 70 FR 34585, June 14, 2005]
§ 265.191 Assessment of existing tank system's integrity.
(a) For each existing tank system that does not have secondary containment meeting the 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 §270.11(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 §270.11(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]
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§ 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, 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 §270.11(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)SoilpH;
(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
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(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
(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 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;
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(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 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
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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 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,
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(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)(1) 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);
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(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)(1) 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 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)(1) 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 will 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 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;
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(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)(1) 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)(1) 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)(1) through (i)(3) of this section, the owner or operator must comply with the requirements of §265.196.
[51 FR 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]
§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.
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;
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(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)(1) 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 than weekly inspection frequency, the Performance Track
member facility must follow the procedures described in §265.15(b)(5).
(e) Ancillary equipment that is not provided with secondary containment, as described in §265.193(f)(1) 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.
[51 FR 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 human health and the environment.
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(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 downgradient 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 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
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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 §270.11(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."
[51 FR 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 §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,
(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:
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(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.
(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.
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.
§ 265.201 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
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).
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(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 §265.15(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)(1) through (5) 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.
(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:
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(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) §265.17(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 §265.17(b) is complied with.
(2) Hazardous waste must not be placed in an unwashed tank which previously held an incompatible waste or
material, unless §265.17(b) is complied with.
[51 FR 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]
§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]
K—
§ 265.220 Applicability.
The regulations in this subpart apply to owners and operators of facilities that use surface impoundments to treat,
store, or dispose of hazardous waste, except as §265.1 provides otherwise.
§ 265.221 Design and operating requirements.
(a) The owner or operator of each new surface impoundment unit, each lateral expansion of a surface impoundment
unit, and each replacement of an existing surface impoundment unit must install two or more liners, and a leachate
collection and removal system between the liners, and operate the leachate collection and removal system, in
accordance with §264.221 (c), unless exempted under §264.221 (d), (e), or (f) of this Chapter.
(b) The owner or operator of each unit referred to in paragraph (a) of this section must notify the Regional
Administrator at least sixty days prior to receiving waste. The owner or operator of each facility submitting notice must
file a part B application within six months of the receipt of such notice.
(c) The owner or operator of any replacement surface impoundment unit is exempt from paragraph (a) of this section
if:
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(1)The existing unit was constructed in compliance with the design standards of §3004(o)(1)(A)(i) and (o)(5) of the
Resource Conservation and Recovery Act; and
(2) There is no reason to believe that the liner is not functioning as designed.
(d)The double liner requirement set forth in paragraph (a) of this section may be waived by the Regional
Administrator for any monofill, if:
(1) The monofill contains only hazardous wastes from foundry furnace emission controls or metal casting molding
sand, and such wastes do not contain constituents which would render the wastes hazardous for reasons other than
the Toxicity Characteristic in §261.24 of this chapter, with EPA Hazardous Waste Numbers D004 through D017; and
(2)(i)(A) The monofill has at least one liner for which there is no evidence that such liner is leaking. For the purposes
of this paragraph the term "liner" means a liner designed, constructed, installed, and operated to prevent hazardous
waste from passing into the liner at any time during the active life of the facility, or a liner designed, constructed,
installed, and operated to prevent hazardous waste from migrating beyond the liner to adjacent subsurface soil,
ground water, or surface water at anytime during the active life of the facility. In the case of any surface
impoundment which has been exempted from the requirements of paragraph (a) of this section on the basis of a liner
designed, constructed, installed, and operated to prevent hazardous waste from passing beyond the liner, at the
closure of such impoundment the owner or operator must remove or decontaminate all waste residues, all
contaminated liner material, and contaminated soil to the extent practicable. If all contaminated soil is not removed or
decontaminated, the owner or operator of such impoundment must comply with appropriate post-closure
requirements, including but not limited to ground-water monitoring and corrective action;
(B) The monofill is located more than one-quarter mile from an "underground source of drinking water" (as that term is
defined in 40 CFR 270.2); and
(C) The monofill is in compliance with generally applicable ground-water monitoring requirements for facilities with
permits under RCRA section 3005(c); or
(ii) The owner or operator demonstrates that the monofill 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.
(e) In the case of any unit in which the liner and leachate collection system has been installed pursuant to the
requirements of paragraph (a) of this section and in good faith compliance with paragraph (a) of this section and with
guidance documents governing liners and leachate collection systems under paragraph (a) of this section, no liner or
leachate collection system which is different from that which was so installed pursuant to paragraph (a) of this section
will be required for such unit by the Regional Administrator when issuing the first permit to such facility, except that
the Regional Administrator will not be precluded from requiring installation of a new liner when the Regional
Administrator has reason to believe that any liner installed pursuant to the requirements of paragraph (a) of this
section is leaking.
(f) A surface impoundment must maintain enough freeboard to prevent any overtopping of the dike by overfilling,
wave action, or a storm. Except as provided in paragraph (b) of this section, there must be at least 60 centimeters
(two feet) of freeboard.
(g) A freeboard level less than 60 centimeters (two feet) may be maintained if the owner or operator obtains
certification by a qualified engineer that alternate design features or operating plans will, to the best of his knowledge
and opinion, prevent overtopping of the dike. The certification, along with a written identification of alternate design
features or operating plans preventing overtopping, must be maintained at the facility.
(h) Surface impoundments that are newly subject to RCRA section 3005(j)(1) due to the promulgation of additional
listings or characteristics for the identification of hazardous waste must be in compliance with paragraphs (a), (c) and
(d) of this section not later than 48 months after the promulgation of the additional listing or characteristic. This
compliance period shall not be cut short as the result of the promulgation of land disposal prohibitions under part 268
of this chapter or the granting of an extension to the effective date of a prohibition pursuant to §268.5 of this chapter,
within this 48-month period.
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[50 FR 16048, Apr. 23, 1985. Redesignated at 57 FR 3492, Jan. 29, 1992. 50 FR 28749, July 15, 1985, as amended
at 55 FR 11876, Mar. 29, 1990; 57 FR 3492, Jan. 29, 1992; 57 FR 37267, Aug. 18, 1992; 71 FR 16911, Apr. 4, 2006;
71 FR 40275, July 14, 2006]
§ 265.222 Action leakage rate.
(a) The owner or operator of surface impoundment units subject to §265.221 (a) must submit a proposed action
leakage rate to the Regional Administrator when submitting the notice required under §265.221 (b). Within 60 days of
receipt of the notification, the Regional Administrator will: Establish an action leakage rate, either as proposed by the
owner or operator or modified using the criteria in this section; or extend the review period for up to 30 days. If no
action is taken by the Regional Administrator before the original 60 or extended 90 day review periods, the action
leakage rate will be approved as proposed by the owner or operator.
(b) The Regional Administrator shall approve an action leakage rate for surface impoundment units subject to
§265.221 (a). The action leakage rate is the maximum design flow rate that the leak detection system (LDS) can
remove without the fluid head on the bottom liner exceeding 1 foot. The action leakage rate must include an adequate
safety margin to allow for uncertainties in the design (e.g., slope, hydraulic conductivity, thickness of drainage
material), construction, operation, and location of the LDS, waste and leachate characteristics, likelihood and
amounts of other sources of liquids in the LDS, and proposed response actions (e.g., the action leakage rate must
consider decreases in the flow capacity of the system over time resulting from siltation and clogging, rib layover and
creep of synthetic components of the system, overburden pressures, etc.).
(c) To determine if the action leakage rate has been exceeded, the owner or operator must convert the weekly or
monthly flow rate from the monitoring data obtained under §265.226(b), to an average daily flow rate (gallons per
acre per day) for each sump. Unless the Regional Administrator approves a different calculation, the average daily
flow rate for each sump must be calculated weekly during the active life and closure period, and if the unit closes in
accordance with §265.228(a)(2), monthly during the post-closure care period when monthly monitoring is required
under §265.226(b).
[57 FR 3492, Jan. 29, 1992]
§ 265.223 Containment system.
All earthen dikes must have a protective cover, such as grass, shale, or rock, to minimize wind and water erosion and
to preserve their structural integrity.
§ 265.224 Response actions.
(a) The owner or operator of surface impoundment units subject to §265.221 (a) must develop and keep on site until
closure of the facility a response action plan. The response action plan must set forth the actions to be taken if the
action leakage rate has been exceeded. At a minimum, the response action plan must describe the actions specified
in paragraph (b) of this section.
(b) If the flow rate into the leak detection system exceeds the action leakage rate for any sump, the owner or operator
must:
(1) Notify the Regional Administrator in writing of the exceedance within 7 days of the determination;
(2) Submit a preliminary written assessment to the Regional Administrator within 14 days of the determination, as to
the amount of liquids, likely sources of liquids, possible location, size, and cause of any leaks, and short-term actions
taken and planned;
(3) Determine to the extent practicable the location, size, and cause of any leak;
(4) Determine whether waste receipt should cease or be curtailed, whether any waste should be removed from the
unit for inspection, repairs, or controls, and whether or not the unit should be closed;
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(5) Determine any other short-term and longer-term actions to be taken to mitigate or stop any leaks; and
(6) Within 30 days after the notification that the action leakage rate has been exceeded, submit to the Regional
Administrator the results of the analyses specified in paragraphs (b)(3), (4), and (5) of this section, the results of
actions taken, and actions planned. Monthly thereafter, as long as the flow rate in the leak detection system exceeds
the action leakage rate, the owner or operator must submit to the Regional Administrator a report summarizing the
results of any remedial actions taken and actions planned.
(c) To make the leak and/or remediation determinations in paragraphs (b)(3), (4), and (5) of this section, the owner or
operator must:
(1 )(i) Assess the source of liquids and amounts of liquids by source,
(ii) Conduct a fingerprint, hazardous constituent, or other analyses of the liquids in the leak detection system to
identify the source of liquids and possible location of any leaks, and the hazard and mobility of the liquid; and
(iii) Assess the seriousness of any leaks in terms of potential for escaping into the environment; or
(2) Document why such assessments are not needed.
[57 FR 3492, Jan. 29, 1992. Redesignated and amended at 71 FR 16911, Apr. 4, 2006; 71 FR 40275, July 14, 2006]
§ 265.225 Waste analysis and trial tests.
(a) In addition to the waste analyses required by §265.13, whenever a surface impoundment is to be used to:
(1) Chemically treat a hazardous waste which is substantially different from waste previously treated in that
impoundment; or
(2) Chemically treat hazardous waste with a substantially different process than any previously used in that
impoundment; the owner or operator must, before treating the different waste or using the different process:
(i) Conduct waste analyses and trial treatment tests (e.g., bench scale or pilot plant scale tests); or
(ii) Obtain written, documented information on similar treatment of similar waste under similar operating conditions; to
show that this treatment will comply with §265.17(b).
[ Comment: As required by §265.13, the waste analysis plan must include analyses needed to comply
with §§265.229 and 265.230. As required by §265.73, the owner or operator must place the results from
each waste analysis and trial test, or the documented information, in the operating record of the facility.]
(b) [Reserved]
§ 265.226 Monitoring and inspection.
(a) The owner or operator must inspect:
(1) The freeboard level at least once each operating day to ensure compliance with §265.222, and
(2) The surface impoundment, including dikes and vegetation surrounding the dike, at least once a week to detect
any leaks, deterioration, or failures in the impoundment.
(b)(1) An owner or operator required to have a leak detection system under §265.221 (a) must record the amount of
liquids removed from each leak detection system sump at least once each week during the active life and closure
period.
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(2) After the final cover is installed, the amount of liquids removed from each leak detection system sump must be
recorded at least monthly. If the liquid level in the sump stays below the pump operating level for two consecutive
months, the amount of liquids in the sumps must be recorded at least quarterly. If the liquid level in the sump stays
below the pump operating level for two consecutive quarters, the amount of liquids in the sumps must be recorded at
least semi-annually. If at any time during the post-closure care period the pump operating level is exceeded at units
on quarterly or semi-annual recording schedules, the owner or operator must return to monthly recording of amounts
of liquids removed from each sump until the liquid level again stays below the pump operating level for two
consecutive months.
(3) "Pump operating level" is a liquid level proposed by the owner or operator and approved by the Regional
Administrator based on pump activation level, sump dimensions, and level that avoids backup into the drainage layer
and minimizes head in the sump. The timing for submission and approval of the proposed "pump operating level" will
be in accordance with §265.222(a).
[ Comment: As required by §265.15(c), the owner or operator must remedy any deterioration or
malfunction he finds.]
[45 FR 33232, May 19, 1980, as amended at 57 FR 3493, Jan. 29, 1992]
§265.227 [Reserved]
§ 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;
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(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;
(3) Maintain and monitor the ground-water monitoring system and comply with all other applicable requirements of
subpart F 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]
§ 265.229 Special requirements for ignitable or reactive waste.
Ignitable or reactive waste must not be placed in a surface impoundment, unless the waste and impoundment satisfy
all applicable requirements of 40 CFR part 268, and:
(a) The waste is treated, rendered, or mixed before or immediately after placement in the impoundment so that:
(1) 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
(2) Section 265.17(b) is complied with; or
(b)(1) The waste is managed in such a way that it is protected from any material or conditions which may cause it to
ignite or react; and
(2) The owner or operator obtains a certification from a qualified chemist or engineer that, to the best of his
knowledge and opinion, the design features or operating plans of the facility will prevent ignition or reaction; and
(3) The certification and the basis for it are maintained at the facility; or
(c) The surface impoundment is used solely for emergencies.
[50 FR 16048, Apr. 23, 1985, as amended at 55 FR 22685, June 1, 1990; 71 FR 40275, July 14, 2006]
§ 265.230 Special requirements for incompatible wastes.
Incompatible wastes, or incompatible wastes and materials, (see appendix V for examples) must not be placed in the
same surface impoundment, unless §265.17(b) is complied with.
§265.231 Air emission standards.
The owner or operator shall manage all hazardous waste placed in a surface impoundment in accordance with the
applicable requirements of subparts BB and CC of this part.
[61 FR 59968, Nov. 25, 1996]
L—
§ 265.250 Applicability.
The regulations in this subpart apply to owners and operators of facilities that treat or store hazardous waste in piles,
except as §265.1 provides otherwise. Alternatively, a pile of hazardous waste may be managed as a landfill under
subpart N.
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§ 265.251 Protection from wind.
The owner or operator of a pile containing hazardous waste which could be subject to dispersal by wind must cover
or otherwise manage the pile so that wind dispersal is controlled.
§ 265.252 Waste analysis.
In addition to the waste analyses required by §265.13, the owner or operator must analyze a representative sample
of waste from each incoming movement before adding the waste to any existing pile, unless (1) The only wastes the
facility receives which are amenable to piling are compatible with each other, or (2) the waste received is compatible
with the waste in the pile to which it is to be added. The analysis conducted must be capable of differentiating
between the types of hazardous waste the owner or operator places in piles, so that mixing of incompatible waste
does not inadvertently occur. The analysis must include a visual comparison of color and texture.
[ Comment: As required by §265.13, the waste analysis plan must include analyses needed to comply
with §§265.256 and 265.257. As required by §265.73, the owner or operator must place the results of this
analysis in the operating record of the facility.]
(b) [Reserved]
§ 265.253 Containment.
If leachate or run-off from a pile is a hazardous waste, then either:
(a)(1) The pile must be placed on an impermeable base that is compatible with the waste under the conditions of
treatment or storage;
(2) The owner or operator must design, construct, operate, and maintain a run-on control system capable of
preventing flow onto the active portion of the pile during peak discharge from at least a 25-year storm;
(3) The owner 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; and
(4) Collection and holding facilities (e.g., tanks or basins) associated with run-on and run-off control systems must be
emptied or otherwise managed expeditiously to maintain design capacity of the system; or
(b)(1) The pile must be protected from precipitation and run-on by some other means; and
(2) No liquids or wastes containing free liquids may be placed in the pile.
[ Comment: If collected leachate or run-off is discharged through a point source to waters of the United
States, it is subject to the requirements of section 402 of the Clean Water Act, as amended.]
[45 FR 33232, May 19, 1980, as amended at 47 FR 32367, July 26, 1982]
§ 265.254 Design and operating requirements.
The owner or operator of each new waste pile on which construction commences after January 29, 1992, each lateral
expansion of a waste pile unit on which construction commences after July 29, 1992, and each such replacement of
an existing waste pile unit that is to commence reuse after July 29, 1992 must install two or more liners and a
leachate collection and removal system above and between such liners, and operate the leachate collection and
removal systems, in accordance with §264.251 (c), unless exempted under §264.251 (d), (e), or(f), of this chapter;
and must comply with the procedures of §265.221 (b). "Construction commences" is as defined in §260.10 of this
chapter under "existing facility".
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[57 FR 3493, Jan. 29, 1992]
§ 265.255 Action leakage rates.
(a) The owner or operator of waste pile units subject to §265.254 must submit a proposed action leakage rate to the
Regional Administrator when submitting the notice required under §265.254. Within 60 days of receipt of the
notification, the Regional Administrator will: Establish an action leakage rate, either as proposed by the owner or
operator or modified using the criteria in this section; or extend the review period for up to 30 days. If no action is
taken by the Regional Administrator before the original 60 or extended 90 day review periods, the action leakage rate
will be approved as proposed by the owner or operator.
(b) The Regional Administrator shall approve an action leakage rate for waste pile units subject to §265.254. The
action leakage rate is the maximum design flow rate that the leak detection system (LDS) can remove without the
fluid head on the bottom liner exceeding 1 foot. The action leakage rate must include an adequate safety margin to
allow for uncertainties in the design (e.g., slope, hydraulic conductivity, thickness of drainage material), construction,
operation, and location of the LDS, waste and leachate characteristics, likelihood and amounts of other sources of
liquids in the LDS, and proposed response actions (e.g., the action leakage rate must consider decreases in the flow
capacity of the system over time resulting from siltation and clogging, rib layover and creep of synthetic components
of the system, overburden pressures, etc.).
(c) To determine if the action leakage rate has been exceeded, the owner or operator must convert the weekly flow
rate from the monitoring data obtained under §265.260, to an average daily flow rate (gallons per acre per day) for
each sump. Unless the Regional Administrator approves a different calculation, the average daily flow rate for each
sump must be calculated weekly during the active life and closure period.
[57 FR 3493, Jan. 29, 1992, as amended at 71 FR 40275, July 14, 2006]
§ 265.256 Special requirements for ignitable or reactive waste.
(a) Ignitable or reactive waste must not be placed in a pile unless the waste and pile satisfy all applicable
requirements of 40 CFR part 268, and:
(1) Addition of the waste to an existing pile (i) results in the waste or mixture no longer meeting the definition of
ignitable or reactive waste under §261.21 or §261.23 of this chapter, and (ii) complies with §265.17(b); or
(2) The waste is managed in such a way that it is protected from any material or conditions which may cause it to
ignite or react.
(b) [Reserved]
[45 FR 33232, May 19, 1980, as amended at 55 FR 22685, June 1, 1990]
§ 265.257 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 pile, unless §265.17(b) is complied with.
(b) A pile of hazardous waste that is incompatible with any waste or other material 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 contact or
mixing of incompatible wastes or materials.]
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(c) Hazardous waste must not be piled on the same area where incompatible wastes or materials were previously
piled, unless that area has been decontaminated sufficiently to ensure compliance with §265.17(b).
§ 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]
§ 265.259 Response actions.
(a) The owner or operator of waste pile units subject to §265.254 must develop and keep on-site until closure of the
facility a response action plan. The response action plan must set forth the actions to be taken if the action leakage
rate has been exceeded. At a minimum, the response action plan must describe the actions specified in paragraph
(b) of this section.
(b) If the flow rate into the leak determination system exceeds the action leakage rate for any sump, the owner or
operator must:
(1) Notify the Regional Administrator in writing of the exceedance within 7 days of the determination;
(2) Submit a preliminary written assessment to the Regional Administrator within 14 days of the determination, as to
the amount of liquids, likely sources of liquids, possible location, size, and cause of any leaks, and short-term actions
taken and planned;
(3) Determine to the extent practicable the location, size, and cause of any leak;
(4) Determine whether waste receipts should cease or be curtailed, whether any waste should be removed from the
unit for inspection, repairs, or controls, and whether or not the unit should be closed;
(5) Determine any other short-term and longer-term actions to be taken to mitigate or stop any leaks; and
(6) Within 30 days after the notification that the action leakage rate has been exceeded, submit to the Regional
Administrator the results of the analyses specified in paragraphs (b)(3), (4), and (5) of this section, the results of
actions taken, and actions planned. Monthly thereafter, as long as the flow rate in the leak detection system exceeds
the action leakage rate, the owner or operator must submit to the Regional Administrator a report summarizing the
results of any remedial actions taken and actions planned.
(c) To make the leak and/or remediation determinations in paragraphs (b)(3), (4), and (5) of this section, the owner or
operator must:
(1 )(i) Assess the source of liquids and amounts of liquids by source,
(ii) Conduct a fingerprint, hazardous constituent, or other analyses of the liquids in the leak detection system to
identify the source of liquids and possible location of any leaks, and the hazard and mobility of the liquid; and
(iii) Assess the seriousness of any leaks in terms of potential for escaping into the environment; or
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(2) Document why such assessments are not needed.
[57 FR 3494, Jan. 29, 1992, as amended at 71 FR 16911, Apr. 4, 2006; 71 FR 40275, July 14, 2006]
§ 265.260 Monitoring and inspection.
An owner or operator required to have a leak detection system under §265.254 must record the amount of liquids
removed from each leak detection system sump at least once each week during the active life and closure period.
[57 FR 3494, Jan. 29, 1992]
§ 265.270 Applicability.
The regulations in this subpart apply to owners and operators of hazardous waste land treatment facilities, except as
§265.1 provides otherwise.
§265.271 [Reserved]
§ 265.272 General operating requirements.
(a) Hazardous waste must not be placed in or on a land treatment facility unless the waste can be made less
hazardous or nonhazardous by degradation, transformation, or immobilization processes occurring in or on the soil.
(b) The owner or operator must design, construct, operate, and maintain a run-on control system capable of
preventing flow onto the active portions of the facility during peak discharge from at least a 25-year storm.
(c) The owner or operator must design, construct, operate, and maintain a run-off management system capable of
collecting and controlling a water volume at least equivalent to a 24-hour, 25-year storm.
(d) Collection and holding facilities (e.g., tanks or basins) associated with run-on and run-off control systems must be
emptied or otherwise managed expeditiously after storms to maintain design capacity of the system.
(e) If the treatment zone contains particulate matter which may be subject to wind dispersal, the owner or operator
must manage the unit to control wind dispersal.
[45 FR 33232, May 19, 1980, as amended at 47 FR 32368, July 26, 1982; 50 FR 16048, Apr. 23, 1985]
§ 265.273 Waste analysis.
In addition to the waste analyses required by §265.13, before placing a hazardous waste in or on a land treatment
facility, the owner or operator must:
(a) Determine the concentrations in the waste of any substances which equal or exceed the maximum concentrations
contained in Table 1 of §261.24 of this chapter that cause a waste to exhibit the Toxicity Characteristic;
(b) For any waste listed in part 261, subpart D, of this chapter, determine the concentrations of any substances which
caused the waste to be listed as a hazardous waste; and
(c) If food chain crops are grown, determine the concentrations in the waste of each of the following constituents:
arsenic, cadmium, lead, and mercury, unless the owner or operator has written, documented data that show that the
constituent is not present.
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[ Comment: Part 261 of this chapter specifies the substances for which a waste is listed as a hazardous
waste. As required by §265.13, the waste analysis plan must include analyses needed to comply with
§§265.281 and 265.282. As required by §265.73, the owner or operator must place the results from each
waste analysis, or the documented information, in the operating record of the facility.]
[45 FR 33232, May 19, 1980, as amended at 55 FR 11876, Mar. 29, 1990]
§§ 265.274-265.275 [Reserved]
§ 265.276 Food chain crops.
(a) An owner or operator of a hazardous waste land treatment facility on which food chain crops are being grown, or
have been grown and will be grown in the future, must notify the Regional Administrator within 60 days after the
effective date of this part.
[ Comment: The growth of food chain crops at a facility which has never before been used for this
purpose is a significant change in process under §122.72(c) of this chapter. Owners or operators of such
land treatment facilities who propose to grow food chain crops after the effective date of this part must
comply with §122.72(c) of this chapter.]
(b)(1) Food chain crops must not be grown on the treated area of a hazardous waste land treatment facility unless the
owner or operator can demonstrate, based on field testing, that any arsenic, lead, mercury, or other constituents
identified under §265.273(b):
(i) Will not be transferred to the food portion of the crop by plant uptake or direct contact, and will not otherwise be
ingested by food chain animals (e.g., by grazing); or
(ii) Will not occur in greater concentrations in the crops grown on the land treatment facility than in the same crops
grown on untreated soils under similar conditions in the same region.
(2) The information necessary to make the demonstration required by paragraph (b)(1) of this section must be kept at
the facility and must, at a minimum:
(i) Be based on tests for the specific waste and application rates being used at the facility; and
(ii) Include descriptions of crop and soil characteristics, sample selection criteria, sample size determination,
analytical methods, and statistical procedures.
(c) Food chain crops must not be grown on a land treatment facility receiving waste that contains cadmium unless all
requirements of paragraphs (c)(1) (i) through (iii) of this section or all requirements of paragraphs (c)(2) (i) through (iv)
of this section are met.
(1)(i) The pH of the waste and soil mixture is 6.5 or greater at the time of each waste application, except for waste
containing cadmium at concentrations of 2 mg/kg (dry weight) or less;
(ii) The annual application of cadmium from waste does not exceed 0.5 kilograms per hectare (kg/ha) on land used
for production of tobacco, leafy vegetables, or root crops grown for human consumption. For other food chain crops,
the annual cadmium application rate does not exceed:
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Time period
Annual Cd application rate (kg/ha)
Present to June 30, 1984
2.0
July 1, 1984 to December 31, 1986
1.25
Beginning January 1, 1987
0.5
(iii) The cumulative application of cadmium from waste does not exceed the levels in either paragraph (c)(1 )(iii)(A) or
(B) of this section.
(A)
Soil caption exchange
capacity (meq/100g)
Maximum cumulative application (kg/ha)
Background soil pH
less than 6.5
Background soil pH
greater than 6.5
Less than 5
5 to 15
10
Greater than 15
20
(B) For soils with a background pH of less than 6.5, the cumulative cadmium application rate does not exceed the
levels below: Provided, that the pH of the waste and soil mixture is adjusted to and maintained at 6.5 or greater
whenever food chain crops are grown.
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Soil caption exchange capacity
(meq/100g)
Maximum cumulative application
(kg/ha)
Less than 5
5 to 15
10
Greater than 15
20
(2)(i) The only food chain crop produced is animal feed.
(ii) The pH of the waste and soil mixture is 6.5 or greater at the time of waste application or at the time the crop is
planted, whichever occurs later, and this pH level is maintained whenever food chain crops are grown.
(iii) There is a facility operating plan which demonstrates how the animal feed will be distributed to preclude ingestion
by humans. The facility operating plan describes the measures to be taken to safeguard against possible health
hazards from cadmium entering the food chain, which may result from alternative land uses.
(iv) Future property owners are notified by a stipulation in the land record or property deed which states that the
property has received waste at high cadmium application rates and that food chain crops must not be grown except in
compliance with paragraph (c)(2) of this section.
[ Comment: As required by §265.73, if an owner or operator grows food chain crops on his land treatment
facility, he must place the information developed in this section in the operating record of the facility.]
[45 FR 33232, May 19, 1980, as amended at 47 FR 32368, July 26, 1982; 48 FR 14295, Apr. 1, 1983]
§265.277 [Reserved]
§ 265.278 Unsaturated zone (zone of aeration) monitoring.
(a) The owner or operator must have in writing, and must implement, an unsaturated zone monitoring plan which is
designed to:
(1) Detect the vertical migration of hazardous waste and hazardous waste constituents under the active portion of the
land treatment facility, and
(2) Provide information on the background concentrations of the hazardous waste and hazardous waste constituents
in similar but untreated soils nearby; this background monitoring must be conducted before or in conjunction with the
monitoring required under paragraph (a)(1) of this section.
(b) The unsaturated zone monitoring plan must include, at a minimum:
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(1) Soil monitoring using soil cores, and
(2) Soil-pore water monitoring using devices such as lysimeters.
(c) To comply with paragraph (a)(1) of this section, the owner or operator must demonstrate in his unsatu rated zone
monitoring plan that:
(1) The depth at which soil and soil-pore water samples are to be taken is below the depth to which the waste is
incorporated into the soil;
(2) The number of soil and soil-pore water samples to be taken is based on the variability of:
(i) The hazardous waste constituents (as identified in §265.273(a) and (b)) in the waste and in the soil; and
(ii) The soil type(s); and
(3) The frequency and timing of soil and soil-pore water sampling is based on the frequency, time, and rate of waste
application, proximity to ground water, and soil permeability.
(d) The owner or operator must keep at the facility his unsaturated zone monitoring plan, and the rationale used in
developing this plan.
(e) The owner or operator must analyze the soil and soil-pore water samples for the hazardous waste constituents
that were found in the waste during the waste analysis under §265.273 (a) and (b).
[ Comment: As required by §265.73, all data and information developed by the owner or operator under
this section must be placed in the operating record of the facility.]
§ 265.279 Recordkeeping.
The owner or operator must include hazardous waste application dates and rates in the operating record required
under §265.73.
[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;
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(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
(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 a land
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
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(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]
§ 265.281 Special requirements for ignitable or reactive waste.
The owner or operator must not apply ignitable or reactive waste to the treatment zone unless the waste and
treatment zone meet all applicable requirements of 40 CFR part 268, and:
(a) The waste is immediately incorporated into the soil so that:
(1) 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
(2) Section 264.17(b) is complied with; or
(b) The waste is managed in such a way that it is protected from any material or conditions which may cause it to
ignite or react.
[47 FR 32368, July 26, 1982, as amended at 55 FR 22686, June 1, 1990; 71 FR 40275, July 14, 2006]
§ 265.282 Special requirements for incompatible wastes.
Incompatible wastes, or incompatible wastes and materials (see appendix V for examples), must not be placed in the
same land treatment area, unless §265.17(b) is complied with.
§ 265.300 Applicability.
The regulations in this subpart apply to owners and operators of facilities that dispose of hazardous waste in landfills,
except as §265.1 provides otherwise. A waste pile used as a disposal facility is a landfill and is governed by this
subpart.
§ 265.301 Design and operating requirements.
(a) The owner or operator of each new landfill unit, each lateral expansion of a landfill unit, and each replacement of
an existing landfill unit must install two or more liners and a leachate collection and removal system above and
between such liners, and operate the leachate collection and removal system, in accordance with §264.301 (c),
unless exempted under §264.301 (d), (e), or(f) of this chapter.
(b) The owner or operator of each unit referred to in paragraph (a) of this section must notify the Regional
Administrator at least sixty days prior to receiving waste. The owner or operator of each facility submitting notice must
file a part B application within six months of the receipt of such notice.
(c) The owner or operator of any replacement landfill unit is exempt from paragraph (a) of this section if:
(1) The existing unit was constructed in compliance with the design standards of section 3004(o)(1 )(A)(i) and (o)(5) of
the Resource Conservation and Recovery Act; and
(2) There is no reason to believe that the liner is not functioning as designed.
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(d)The double liner requirement set forth in paragraph (a) of this section may be waived by the Regional
Administrator for any monofill, if:
(1) The monofill contains only hazardous wastes from foundry furnace emission controls or metal casting molding
sand, and such wastes do not contain constituents which would render the wastes hazardous for reasons other than
the Toxicity Characteristic in §261.24 of this chapter, with EPA Hazardous Waste Numbers D004 through D017; and
(2)(i)(A) The monofill has at least one liner for which there is no evidence that such liner is leaking;
(B) The monofill is located more than one-quarter mile from an "underground source of drinking water" (as that term is
defined in 40 CFR 270.2); and
(C) The monofill is in compliance with generally applicable ground-water monitoring requirements for facilities with
permits under RCRA section 3005(c); or
(ii) The owner or operator demonstrates that the monofill 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.
(e) In the case of any unit in which the liner and leachate collection system has been installed pursuant to the
requirements of paragraph (a) of this section and in good faith compliance with paragraph (a) of this section and with
guidance documents governing liners and leachate collection systems under paragraph (a) of this section, no liner or
leachate collection system which is different from that which was so installed pursuant to paragraph (a) of this section
will be required for such unit by the Regional Administrator when issuing the first permit to such facility, except that
the Regional Administrator will not be precluded from requiring installation of a new liner when the Regional
Administrator has reason to believe that any liner installed pursuant to the requirements of paragraph (a) of this
section is leaking.
(f) The owner or operator must design, construct, operate, and maintain a run-on control system capable of
preventing flow onto the active portion of the landfill during peak discharge from at least a 25-year storm.
(g) 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.
(h) Collection and holding facilities (e.g., tanks or basins) associated with run-on and run-off control systems must be
emptied or otherwise managed expeditiously after storms to maintain design capacity of the system.
(i) The owner or operator of a landfill containing hazardous waste which is subject to dispersal by wind must cover or
otherwise manage the landfill so that wind dispersal of the hazardous waste is controlled.
[ Comment: As required by §265.13, the waste analysis plan must include analyses needed to comply
with §§265.312, 265.313, and 265.314. As required by §265.73, the owner or operator must place the
results of these analyses in the operating record of the facility.]
[45 FR 33232, May 19, 1980, as amended at 47 FR 32368, July 26, 1982; 50 FR 18374, Apr. 30, 1985.
Redesignated from §265.302 at 57 FR 3494, Jan. 29, 1992; 50 FR 28750, July 15, 1985, as amended at 57 FR 3494,
Jan. 29, 1992; 57 FR 30658, July 10, 1992; 71 FR 16911, Apr. 4, 2006; 71 FR 40275, July 14, 2006]
§ 265.302 Action leakage rate.
(a) The owner or operator of landfill units subject to §265.301 (a) must submit a proposed action leakage rate to the
Regional Administrator when submitting the notice required under §265.301 (b). Within 60 days of receipt of the
notification, the Regional Administrator will: Establish an action leakage rate, either as proposed by the owner or
operator or modified using the criteria in this section; or extend the review period for up to 30 days. If no action is
taken by the Regional Administrator before the original 60 or extended 90 day review periods, the action leakage rate
will be approved as proposed by the owner or operator.
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(b) The Regional Administrator shall approve an action leakage rate for land fill units subject to §265.301 (a). The
action leakage rate is the maximum design flow rate that the leak detection system (LDS) can remove without the
fluid head on the bottom liner exceeding 1 foot. The action leakage rate must include an adequate safety margin to
allow for uncertainties in the design (e.g., slope, hydraulic conductivity, thickness of drainage material), construction,
operation, and location of the LDS, waste and leachate characteristics, likelihood and amounts of other sources of
liquids in the LDS, and proposed response actions (e.g., the action leakage rate must consider decreases in the flow
capacity of the system over time resulting from siltation and clogging, rib layover and creep of synthetic components
of the system, overburden pressures, etc.).
(c) To determine if the action leakage rate has been exceeded, the owner or operator must convert the weekly or
monthly flow rate from the monitoring data obtained under §265.304 to an average daily flow rate (gallons per acre
per day) for each sump. Unless the Regional Administrator approves a different calculation, the average daily flow
rate for each sump must be calculated weekly during the active life and closure period, and monthly during the post-
closure care period when monthly monitoring is required under §265.304(b).
[57 FR 3494, Jan. 29, 1992, as amended at 71 FR 40276, July 14, 2006]
§ 265.303 Response actions.
(a) The owner or operator of landfill units subject to §265.301 (a) must develop and keep on site until closure of the
facility a response action plan. The response action plan must set forth the actions to be taken if the action leakage
rate has been exceeded. At a minimum, the response action plan must describe the actions specified in paragraph
(b) of this section.
(b) If the flow rate into the leak detection system exceeds the action leakage rate for any sump, the owner or operator
must:
(1) Notify the Regional Administrator in writing of the exceedance within 7 days of the determination;
(2) Submit a preliminary written assessment to the Regional Administrator within 14 days of the determination, as to
the amount of liquids, likely sources of liquids, possible location, size, and cause of any leaks, and short-term actions
taken and planned;
(3) Determine to the extent practicable the location, size, and cause of any leak;
(4) Determine whether waste receipt should cease or be curtailed, whether any waste should be removed from the
unit for inspection, repairs, or controls, and whether or not the unit should be closed;
(5) Determine any other short-term and longer-term actions to be taken to mitigate or stop any leaks; and
(6) Within 30 days after the notification that the action leakage rate has been exceeded, submit to the Regional
Administrator the results of the analyses specified in paragraphs (b)(3), (4), and (5) of this section, the results of
actions taken, and actions planned. Monthly thereafter, as long as the flow rate in the leak detection system exceeds
the action leakage rate, the owner or operator must submit to the Regional Administrator a report summarizing the
results of any remedial actions taken and actions planned.
(c) To make the leak and/or remediation determinations in paragraphs (b)(3), (4), and (5) of this section, the owner or
operator must:
(1 )(i) Assess the source of liquids and amounts of liquids by source,
(ii) Conduct a fingerprint, hazardous constituent, or other analyses of the liquids in the leak detection system to
identify the source of liquids and possible location of any leaks, and the hazard and mobility of the liquid; and
(iii) Assess the seriousness of any leaks in terms of potential for escaping into the environment; or
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(2) Document why such assessments are not needed.
[57 FR 3494, Jan. 29, 1992, as amended at 71 FR 16912, Apr. 4, 2006; 71 FR 40276, July 14, 2006]
§ 265.304 Monitoring and inspection.
(a) An owner or operator required to have a leak detection system under §265.301 (a) must record the amount of
liquids removed from each leak detection system sump at least once each week during the active life and closure
period.
(b) After the final cover is installed, the amount of liquids removed from each leak detection system sump must be
recorded at least monthly. If the liquid level in the sump stays below the pump operating level for two consecutive
months, the amount of liquids in the sumps must be recorded at least quarterly. If the liquid level in the sump stays
below the pump operating level for two consecutive quarters, the amount of liquids in the sumps must be recorded at
least semi-annually. If at any time during the post-closure care period the pump operating level is exceeded at units
on quarterly or semi-annual recording schedules, the owner or operator must return to monthly recording of amounts
of liquids removed from each sump until the liquid level again stays below the pump operating level for two
consecutive months.
(c) "Pump operating level" is a liquid level proposed by the owner or operator and approved by the Regional
Administrator based on pump activation level, sump dimensions, and level that avoids backup into the drainage layer
and minimizes head in the sump. The timing for submission and approval of the proposed "pump operating level" will
be in accordance with §265.302(a).
[57 FR 3495, Jan. 29, 1992]
§§ 265.305-265.308 [Reserved]
§ 265.309 Surveying and recordkeeping.
The owner or operator of a landfill must maintain the following items in the operating record required in §265.73:
(a) On a map, the exact location and dimensions, including depth, of each cell with respect to permanently surveyed
benchmarks; and
(b) The contents of each cell and the approximate location of each hazardous waste type within each cell.
§ 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.
(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:
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(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 §§264.301(c)(3)(iv) and (4) of this chapter and
265.304(b), 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
subpart F 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 57 FR 3495, Jan. 29, 1992]
§265.311 [Reserved]
§ 265.312 Special requirements for ignitable or reactive waste.
(a) Except as provided in paragraph (b) of this section, and in §265.316, ignitable or reactive waste must not be
placed in a landfill, unless the waste and landfill meets all applicable requirements of 40 CFR part 268, and:
(1) 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
(2) Section 265.17(b) is complied with.
(b) Except for prohibited wastes which remain subject to treatment standards in subpart D of part 268, ignitable
wastes in containers may be landfilled without meeting the requirements of paragraph (a) of this section, provided
that the wastes are disposed of in such a way that they are protected from any material or conditions which may
cause them to ignite. At a minimum, ignitable wastes must be disposed of in non-leaking containers which are
carefully handled and placed so as to avoid heat, sparks, rupture, or any other condition that might cause ignition of
the wastes; must be covered daily with soil or other non-combustible material to minimize the potential for ignition of
the wastes; and must not be disposed of in cells that contain or will contain other wastes which may generate heat
sufficient to cause ignition of the waste.
[47 FR 32368, July 26, 1982, as amended at 55 FR 22686, June 1, 1990; 71 FR 40276, July 14, 2006]
§ 265.313 Special requirements for incompatible wastes.
Incompatible wastes, or incompatible wastes and materials, (see appendix V for examples) must not be placed in the
same landfill cell, unless §265.17(b) is complied with.
§ 265.314 Special requirements for bulk and containerized liquids.
(a) The placement of bulk or non-containerized liquid hazardous waste or hazardous waste containing free liquids
(whether or not sorbents have been added) in any landfill is prohibited.
(b) Containers holding free liquids must not be placed in a landfill unless:
(1) All free-standing liquid,
(i) has been removed by decanting, or other methods,
(ii) has been mixed with sorbent or solidified so that free-standing liquid is no longer observed; or
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(iii) had been otherwise eliminated; or
(2) The container is very small, such as an ampule; or
(3) The container is designed to hold free liquids for use other than storage, such as a battery or capacitor; or
(4) The container is a lab pack as defined in §265.316 and is disposed of in accordance with §265.316.
(c) To demonstrate the absence or presence of free liquids in either a containerized or a bulk 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.
(d) The date for compliance with paragraph (a) of this section is November 19, 1981. The date for compliance with
paragraph (c) of this section is March 22, 1982.
(e) Sorbents used to treat free liquids to be disposed of in landfills must be nonbiodegradable. Nonbiodegradable
sorbents are: materials listed or described in paragraph (e)(1) of this section; materials that pass one of the tests in
paragraph (e)(2) of this section; or materials that are determined by EPA to be nonbiodegradable through the Part
260 petition process.
(1) Nonbiodegradable sorbents. (i) Inorganic minerals, other inorganic materials, and elemental carbon (e.g.,
aluminosilicates, clays, smectites, Fuller's earth, bentonite, calcium bentonite, montmorillonite, calcined
montmorillonite, kaolinite, micas (illite), vermiculites, zeolites; calcium carbonate (organic free limestone);
oxides/hydroxides, alumina, lime, silica (sand), diatomaceous earth; perlite (volcanic glass); expanded volcanic rock;
volcanic ash; cement kiln dust; fly ash; rice hull ash; activated charcoal/activated carbon); or
(ii) High molecular weight synthetic polymers (e.g., polyethylene, high density polyethylene (HOPE), polypropylene,
polystyrene, polyurethane, polyacrylate, polynorborene, polyisobutylene, ground synthetic rubber, cross-linked
allylstyrene and tertiary butyl copolymers). This does not include polymers derived from biological material or
polymers specifically designed to be degradable; or
(iii) Mixtures of these nonbiodegradable materials.
(2) Tests for nonbiodegradable sorbents. (i) The sorbent material is determined to be nonbiodegradable under ASTM
Method G21-70 (1984a)—Standard Practice for Determining Resistance of Synthetic Polymer Materials to Fungi; or
(ii)The sorbent material is determined to be nonbiodegradable under ASTM Method G22-76 (1984b)—Standard
Practice for Determining Resistance of Plastics to Bacteria; or
(iii) The sorbent material is determined to be non-biodegradable under OECD test 301B: [CC^Evolution (Modified
Sturm Test)].
(f) The placement of any liquid which is not a hazardous waste in a landfill is prohibited unless the owner or operator
of such landfill demonstrates to the Regional Administrator or the Regional Administrator determines that:
(1) The only reasonably available alternative to the placement in such landfill is placement in a landfill or unlined
surface impoundment, whether or not permitted or operating under interim status, which contains, or may reasonably
be anticipated to contain, hazardous waste; and
(2) Placement in such owner or operator's landfill will not present a risk of contamination of any "underground source
of drinking water" (as that term is defined in 40 CFR 270.2).
[45 FR 33232, May 19, 1980, as amended at 47 FR 12318, Mar. 22, 1982; 47 FR 32369, July 26, 1982; 50 FR
18374, Apr. 30, 1985; 50 FR 28750, July 15, 1985; 51 FR 19177, May 28, 1986; 57 FR 54461, Nov. 18, 1992; 58 FR
46050, Aug. 31, 1993; 60 FR 35705, July 11, 1995; 70 FR 34585, June 14, 2005; 71 FR 16912, Apr. 4, 2006; 71 FR
40276, July 14, 2006; 75 FR 13006, Mar. 18, 2010]
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§ 265.315 Special requirements for containers.
Unless they are very small, such as an ampule, containers must be either:
(a) At least 90 percent full when placed in the landfill; or
(b) Crushed, shredded, or similarly reduced in volume to the maximum practical extent before burial in the landfill.
[50 FR 16048, Apr. 23, 1985]
§ 265.316 Disposal of small containers of hazardous waste in overpacked drums (lab packs).
Small containers of hazardous waste in overpacked drums (lab packs) may be placed in a landfill if the following
requirements are met:
(a) Hazardous waste must be packaged in non-leaking inside containers. The inside containers must be of a design
and constructed of a material that will not react dangerously with, be decomposed by, or be ignited by the waste held
therein. Inside containers must be tightly and securely sealed. The inside containers must be of the size and type
specified in the Department of Transportation (DOT) hazardous materials regulations (49 CFR parts 173, 178 and
179), if those regulations specify a particular inside container for the waste.
(b) The inside containers must be overpacked in an open head DOT-specification metal shipping container (49 CFR
parts 178 and 179) of no more than 416-liter (110 gallon) capacity and surrounded by, at a minimum, a sufficient
quantity of sorbent material, determined to be nonbiodegradable in accordance with §265.314(e), to completely sorb
all of the liquid contents of the inside containers. The metal outer container must be full after it has been packed with
inside containers and sorbent material.
(c) The sorbent material used must not be capable of reacting dangerously with, being decomposed by, or being
ignited by the contents of the inside containers in accordance with §265.17(b).
(d) Incompatible wastes, as defined in §260.10 of this chapter, must not be placed in the same outside container.
(e) Reactive waste, other than cyanide- or sulfide-bearing waste as defined in §261.23(a)(5) of this chapter, must be
treated or rendered non-reactive prior to packaging in accordance with paragraphs (a) through (d) of this section.
Cyanide- and sulfide-bearing reactive waste may be packaged in accordance with paragraphs (a) through (d) of this
section without first being treated or rendered non-reactive.
(f) Such disposal is in compliance with the requirements of 40 CFR part 268. Persons who incinerate lab packs
according to the requirements in 40 CFR 268.42(c)(1) may use fiber drums in place of metal outer containers. Such
fiber drums must meet the DOT specifications in 49 CFR 173.12 and be overpacked according to the requirements in
paragraph (b) of this section.
[46 FR 56596, Nov. 17, 1981, as amended at 55 FR 22686, June 1, 1990; 57 FR 54461, Nov. 18, 1992; 71 FR
40276, July 14, 2006; 75 FR 13006, Mar. 18, 2010]
Source: 46 FR 7680, Jan. 23, 1981, unless otherwise noted.
§ 265.340 Applicability.
(a) The regulations of this subpart apply to owners and operators of hazardous waste incinerators (as defined in
§260.10 of this chapter), except as §265.1 provides otherwise.
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(b) Integration of the MACT standards. (1) Except as provided by paragraphs (b)(2) and (b)(3) of this section, the
standards of this part no longer apply when an owner or operator demonstrates compliance with the maximum
achievable control technology (MACT) requirements of part 63, subpart EEE, of this chapter by conducting a
comprehensive performance test and submitting to the Administrator a Notification of Compliance under §§63.1207Q)
and 63.1210(d) of this chapter documenting compliance with the requirements of part 63, subpart EEE, of this
chapter.
(2) The MACT standards do not replace the closure requirements of §264.351 or the applicable requirements of
subparts A through H, BB and CC of this part.
(3) Section 265.345 generally prohibiting burning of hazardous waste during startup and shutdown remains in effect if
you elect to comply with §270.235(b)(1)(i) of this chapter to minimize emissions of toxic compounds from startup and
shutdown.
(c) Owners and operators of incinerators burning hazardous waste are exempt from all of the requirements of this
subpart, except §265.351 (Closure), provided that the owner or operator has documented, in writing, that the waste
would not reasonably be expected to contain any of the hazardous constituents listed in part 261, appendix VIII, of
this chapter, and such documentation is retained at the facility, if the waste to be burned is:
(1) Listed as a hazardous waste in part 261, subpart D, of this chapter solely because it is ignitable (Hazard Code I),
corrosive (Hazard Code C), or both; or
(2) Listed as a hazardous waste in part 261, subpart D, of this chapter solely because it is reactive (Hazard Code R)
for characteristics other than those listed in §261.23(a) (4) and (5), and will not be burned when other hazardous
wastes are present in the combustion zone; or
(3) A hazardous waste solely because it possesses the characteristic of ignitability, corrosivity, or both, as determined
by the tests for characteristics of hazardous wastes under part 261, subpart C, of this chapter; or
(4) A hazardous waste solely because it possesses the reactivity characteristics described by §261.23(a) (1), (2), (3),
(6), (7), or (8) of this chapter, and will not be burned when other hazardous wastes are present in the combustion
zone.
[47 FR 27533, June 24, 1982 and 50 FR 666, Jan. 4, 1985, as amended at 50 FR 49203, Nov. 29, 1985; 56 FR 7208,
Feb. 21, 1991; 64 FR 53075, Sept. 30, 1999; 67 FR 6816, Feb. 13, 2002; 70 FR 59575, Oct. 12, 2005]
§ 265.341 Waste analysis.
In addition to the waste analyses required by §265.13, the owner or operator must sufficiently analyze any waste
which he has not previously burned in his incinerator to enable him to establish steady state (normal) operating
conditions (including waste and auxiliary fuel feed and air flow) and to determine the type of pollutants which might be
emitted. At a minimum, the analysis must determine:
(a) Heating value of the waste;
(b) Halogen content and sulfur content in the waste; and
(c) Concentrations in the waste of lead and mercury, unless the owner or operator has written, documented data that
show that the element is not present.
[ Comment: As required by §265.73, the owner or operator must place the results from each waste
analysis, or the documented information, in the operating record of the facility.]
§§ 265.342-265.344 [Reserved]
§ 265.345 General operating requirements.
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During start-up and shut-down of an incinerator, the owner or operator must not feed hazardous waste unless the
incinerator is at steady state (normal) conditions of operation, including steady state operating temperature and air
flow.
§ 265.346 [Reserved]
§ 265.347 Monitoring and inspections.
The owner or operator must conduct, as a minimum, the following monitoring and inspections when incinerating
hazardous waste:
(a) Existing instruments which relate to combustion and emission control must be monitored at least every 15
minutes. Appropriate corrections to maintain steady state combustion conditions must be made immediately either
automatically or by the operator. Instruments which relate to combustion and emission control would normally include
those measuring waste feed, auxiliary fuel feed, air flow, incinerator temperature, scrubber flow, scrubber pH, and
relevant level controls.
(b) The complete incinerator and associated equipment (pumps, valves, conveyors, pipes, etc.) must be inspected at
least daily for leaks, spills, and fugitive emissions, and all emergency shutdown controls and system alarms must be
checked to assure proper operation.
[46 FR 7678, Jan. 23, 1981, as amended at 47 FR 27533, June 24, 1982]
§§ 265.348-265.350 [Reserved]
§ 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.]
§ 265.352 Interim status incinerators burning particular hazardous wastes.
(a) Owners or operators of incinerators subject to this subpart may burn EPA Hazardous Wastes FO20, FO21,
FO22, FO23, FO26, or FO27 if they receive a certification from the Assistant Administrator for Solid Waste and
Emergency Response that they can meet the performance standards of subpart O of part 264 when they burn these
wastes.
(b) The following standards and procedures will be used in determining whether to certify an incinerator:
(1) The owner or operator will submit an application to the Assistant Administrator for Solid Waste and Emergency
Response containing applicable information in §§270.19 and 270.62 demonstrating that the incinerator can meet the
performance standards in subpart O of part 264 when they burn these wastes.
(2) The Assistant Administrator for Solid Waste and Emergency Response will issue a tentative decision as to
whether the incinerator can meet the performance standards in subpart O of part 264. Notification of this tentative
decision will be provided by newspaper advertisement and radio broadcast in the jurisdiction where the incinerator is
located. The Assistant Administrator for Solid Waste and Emergency Response will accept comment on the tentative
decision for 60 days. The Assistant Administrator for Solid Waste and Emergency Response also may hold a public
hearing upon request or at his discretion.
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(3) After the close of the public comment period, the Assistant Administrator for Solid Waste and Emergency
Response will issue a decision whether or not to certify the incinerator.
[50 FR 2005, Jan. 14, 1985]
§§ 265.353-265.369 [Reserved]
§ 265.370 Other thermal treatment.
The regulations in this subpart apply to owners or operators of facilities that thermally treat hazardous waste in
devices other than enclosed devices using controlled flame combustion, except as §265.1 provides otherwise.
Thermal treatment in enclosed devices using controlled flame combustion is subject to the requirements of subpart O
if the unit is an incinerator, and subpart H of part 266, if the unit is a boiler or an industrial furnace as defined in
§260.10.
[50 FR 666, Jan. 4, 1985, as amended at 56 FR 32692, July 17, 1991]
§§265.371-265.372 [Reserved]
§ 265.373 General operating requirements.
Before adding hazardous waste, the owner or operator must bring his thermal treatment process to steady state
(normal) conditions of operation—including steady state operating temperature—using auxiliary fuel or other means,
unless the process is a non-continuous (batch) thermal treatment process which requires a complete thermal cycle to
treat a discrete quantity of hazardous waste.
§265.374 [Reserved]
§ 265.375 Waste analysis.
In addition to the waste analyses required by §265.13, the owner or operator must sufficiently analyze any waste
which he has not previously treated in his thermal process to enable him to establish steady state (normal) or other
appropriate (for a non-continuous process) operating conditions (including waste and auxiliary fuel feed) and to
determine the type of pollutants which might be emitted. At a minimum, the analysis must determine:
(a) Heating value of the waste;
(b) Halogen content and sulfur content in the waste; and
(c) Concentrations in the waste of lead and mercury, unless the owner or operator has written, documented data that
show that the element is not present.
[ Comment: As required by §265.73, the owner or operator must place the results from each waste
analysis, or the documented information, in the operating record of the facility.]
§ 265.376 [Reserved]
§ 265.377 Monitoring and inspections.
(a) The owner or operator must conduct, as a minimum, the following monitoring and inspections when thermally
treating hazardous waste:
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(1) Existing instruments which relate to temperature and emission control (if an emission control device is present)
must be monitored at least every 15 minutes. Appropriate corrections to maintain steady state or other appropriate
thermal treatment conditions must be made immediately either automatically or by the operator. Instruments which
relate to temperature and emission control would normally include those measuring waste feed, auxiliary fuel feed,
treatment process temperature, and relevant process flow and level controls.
(2) The stack plume (emissions), where present, must be observed visually at least hourly for normal appearance
(color and opacity). The operator must immediately make any indicated operating corrections necessary to return any
visible emissions to their normal appearance.
(3) The complete thermal treatment process and associated equipment (pumps, valves, conveyors, pipes, etc.) must
be inspected at least daily for leaks, spills, and fugitive emissions, and all emergency shutdown controls and system
alarms must be checked to assure proper operation.
(b) [Reserved]
§§ 265.378-265.380 [Reserved]
§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.]
§ 265.382 Open burning; waste explosives.
Open burning of hazardous waste is prohibited except for the open burning and detonation of waste explosives.
Waste explosives include waste which has the potential to detonate and bulk military propellents which cannot safely
be disposed of through other modes of treatment. Detonation is an explosion in which chemical transformation
passes through the material faster than the speed of sound (0.33 kilometers/second at sea level). Owners or
operators choosing to open burn or detonate waste explosives must do so in accordance with the following table and
in a manner that does not threaten human health or the environment.
Pounds of waste
explosives or propellants
Minimum distance from open burning or
detonation to the property of others
0 to 100
204 meters (670 feet).
101 to 1,000
380 meters (1,250 feet).
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1,001 to 10,000
530 meters (1,730 feet).
10,001 to 30,000
690 meters (2,260 feet).
§ 265.383 Interim status thermal treatment devices burning particular hazardous waste.
(a) Owners or operators of thermal treatment devices subject to this subpart may burn EPA Hazardous Wastes
FO20, FO21, FO22, FO23, FO26, or FO27 if they receive a certification from the Assistant Administrator for Solid
Waste and Emergency Response that they can meet the performance standards of subpart O of part 264 when they
burn these wastes.
(b) The following standards and procedures will be used in determining whether to certify a thermal treatment unit:
(1) The owner or operator will submit an application to the Assistant Administrator for Solid Waste and Emergency
Response containing the applicable information in §§270.19 and 270.62 demonstrating that the thermal treatment
unit can meet the performance standard in subpart O of part 264 when they burn these wastes.
(2) The Assistant Administrator for Solid Waste and Emergency Response will issue a tentative decision as to
whether the thermal treatment unit can meet the performance standards in subpart O of part 264. Notification of this
tentative decision will be provided by newspaper advertisement and radio broadcast in the jurisdiction where the
thermal treatment device is located. The Assistant Administrator for Solid Waste and Emergency Response will
accept comment on the tentative decision for 60 days. The Assistant Administrator for Solid Waste and Emergency
Response also may hold a public hearing upon request or at his discretion.
(3) After the close of the public comment period, the Assistant Administrator for Solid Waste and Emergency
Response will issue a decision whether or not to certify the thermal treatment unit.
[50 FR 2005, Jan. 14, 1985]
Subpart Q—Chemical, Physical, and Biological Treatment
§ 265.400 Applicability.
The regulations in this subpart apply to owners and operators of facilities which treat hazardous wastes by chemical,
physical, or biological methods in other than tanks, surface impoundments, and land treatment facilities, except as
§265.1 provides otherwise. Chemical, physical, and biological treatment of hazardous waste in tanks, surface
impoundments, and land treatment facilities must be conducted in accordance with subparts J, K, and M,
respectively.
§ 265.401 General operating requirements.
(a) Chemical, physical, or biological treatment of hazardous waste must comply with §265.17(b).
(b) Hazardous wastes or treatment reagents must not be placed in the treatment process or equipment if they could
cause the treatment process or equipment to rupture, leak, corrode, or otherwise fail before the end of its intended
life.
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(c) Where hazardous waste is continuously fed into a treatment process or equipment, the process or equipment
must be equipped with a means to stop this inflow (e.g., a waste feed cut-off system or by-pass system to a standby
containment device).
[ Comment: These systems are intended to be used in the event of a malfunction in the treatment process
or equipment.]
§ 265.402 Waste analysis and trial tests.
(a) In addition to the waste analysis required by §265.13, whenever:
(1) A hazardous waste which is substantially different from waste previously treated in a treatment process or
equipment at the facility is to be treated in that process or equipment, or
(2) A substantially different process than any previously used at the facility is to be used to chemically treat
hazardous waste;
the owner or operator must, before treating the different waste or using the different process or equipment:
(i) Conduct waste analyses and trial treatment tests (e.g., bench scale or pilot plant scale tests); or
(ii) Obtain written, documented information on similar treatment of similar waste under similar operating conditions;
to show that this proposed treatment will meet all applicable requirements of §265.401 (a) and (b).
[(b) [Reserved]
[ Comment: As required by §265.13, the waste analysis plan must include analyses needed to comply
with §§265.405 and 265.406. As required by §265.73, the owner or operator must place the results from
each waste analysis and trial test, or the documented information, in the operating record of the facility.]
§ 265.403 Inspections.
(a) The owner or operator of a treatment facility must inspect, where present:
(1) Discharge control and safety equipment (e.g., waste feed cut-off systems, by-pass systems, drainage systems,
and pressure relief 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 treatment process or equipment is being operated according to its design;
(3) The construction materials of the treatment process or equipment, at least weekly, to detect corrosion or leaking
of fixtures or seams; and
(4) 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).
(b) [Reserved]
[ Comment: As required by §265.15(c), the owner or operator must remedy any deterioration or
malfunction he finds.]
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§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.
[ 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.]
§ 265.405 Special requirements for ignitable or reactive waste.
(a) Ignitable or reactive waste must not be placed in a treatment process or equipment unless:
(1) The waste is treated, rendered, or mixed before or immediately after placement in the treatment process or
equipment so that (i) 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 (ii)§265.17(b) is complied with; or
(2) The waste is treated in such a way that it is protected from any material or conditions which may cause the waste
to ignite or react.
(b) [Reserved]
[45 FR 33232, May 19, 1980, asamended at 71 FR 40276, July 14, 2006]
§ 265.406 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 treatment process or equipment, unless §265.17(b) is complied with.
(b) Hazardous waste must not be placed in unwashed treatment equipment which previously held an incompatible
waste or material, unless §265.17(b) is complied with.
R—
§ 265.430 Applicability.
Except as §265.1 provides otherwise:
(a) The owner or operator of a facility which disposes of hazardous waste by underground injection is excluded from
the requirements of subparts G and H of this part.
(b)The requirements of this subpart apply to owners and operators of wells used to dispose of hazardous waste
which are classified as Class I under §144.6(a) of this chapter and which are classified as Class IV under §144.6(d)
of this chapter.
[ Comment: In addition to the requirements of subparts A through E of this part, the owner or operator of a
facility which disposes of hazardous waste by underground injection ultimately must comply with the
requirements of §§265.431 through 265.437. These sections are reserved at this time. The Agency will
propose regulations that would establish those requirements.]
[45 FR 33232, May 19, 1980, as amended at 48 FR 30115, June 30, 1983]
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Subparts S-V [Reserved]
Subpart W—Drip Pads
Source: 55 FR 50486, Dec. 6, 1990, unless otherwise noted.
§ 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 Decembers, 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 run-on 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 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.
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(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)), 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 1><10~7centimeters 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
1xlo~7centimeters 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).
(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 (ACI) 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:
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(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, 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.
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(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.
(I) 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 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)(1)(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]
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§ 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 run-off control systems;
(2) The presence of leakage in and proper functioning of leakage detection system.
(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)(1) 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)(1) 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.
[55 FR 50486, Dec. 6, 1990, as amended at 71 FR 40276, July 14, 2006]
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Subparts X-Z [Reserved]
Subpart AA—Air Emission Standards for Process Vents
Source: 55 FR 25507, June 21, 1990, unless otherwise noted.
§265.1030 Applicability.
(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 §265.1).
(b) Except for §§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 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 §§265.1032 through 265.1036 apply to process vents on hazardous waste
recycling units previously exempt under paragraph 261.6(c)(1). Other exemptions under §§261.4, and
265.1(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 §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:
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(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.
(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 §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 §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 §265.1034(c) shall be used to resolve the disagreement.
§ 265.1033 Standards: Closed-vent systems and control devices.
(a)(1) 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 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 §265.1032(a)(1) 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
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temperature of 760 °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)(1) A flare shall be designed for and operated with no visible emissions as determined by the methods specified in
paragraph (e)(1) 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)(1) 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:
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, 1.74xio~7(1/ppm) (g mol/scm) (MJ/kcal) where standard temperature for (g mol/scm) is 20
Ci=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
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Hj=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:
Log10(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:
(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 ±0.5 ° 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.
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(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) Fora 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 ±0.5 °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, 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, predetermined time interval that is no longer than the carbon service life established as a
requirement of §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 §265.1035(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 §265.1035(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
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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 §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 G)(1) 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 §265.1034(b) of this subpart to 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)(1 )(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 §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) orthe connection is unsealed (e.g., a flange is unbolted).
(B) Closed-vent system components or connections other than those specified in paragraph (k)(1)(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 §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 §265.1035 of this subpart.
(2) Each closed-vent system that is used to comply with paragraph G)(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.
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(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 §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.
(iv) The owner or operator shall maintain a record of the defect repair in accordance with the requirements specified
in §265.1035 of this subpart.
(I) 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.
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(n) Any components of a closed-vent system that are designated, as described in §265.1035(c)(9) of this subpart, as
unsafe to monitor are exempt from the requirements of paragraph (k)(1)(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)(1)(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)(1)(ii)(B) of this section as frequently as
practicable during safe-to-monitor times.
[59 FR 62935, Dec. 6, 1994, as amended at 61 FR4913, Feb. 9, 1996; 61 FR 59969, Nov. 25, 1996; 62 FR 64661,
Dec. 8, 1997; 71 FR 40276, July 14, 2006]
§ 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.
(b) When a closed-vent system is tested for compliance with no detectable emissions, as required in §265.1033(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 §265.1032(a) and with the total organic compound concentration
limit of §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 25A 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
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emissions. The use of Method 25A 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.
Where:
Eh= Total organic mass flow rate, kg/h;
Q2Sd= 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;
Cj= 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
(B) For sources utilizing Method 25A.
Eh= (Q)(C)(MW)(0.0416)(10~6)
Where:
Eh= Total organic mass flow rate, kg/h;
Q = Volumetric flow rate of gases entering or exiting control device, as determined by Method 2, dscm/h;
C = Organic concentration in ppm, dry basis, as determined by Method 25A;
MW = Molecular weight of propane, 44;
0.0416 = Conversion factor for molar volume, kg-mol/m3 (@ 293 K and 760 mm Hg);
10~6= Conversion from ppm.
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(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)(1)(iv) of this section) and by summing the
annual total organic mass emission rates (EA, as determined in paragraph (c)(1)(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)(1) 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 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.
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(iii) Each sample shall be analyzed and the total organic concentration of the sample shall be computed using Method
9060A (incorporated by reference under §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 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)(1) of this section.
[55 FR 25507, June 21, 1990, as amended at 56 FR 19290, Apr. 26, 1991; 61 FR 59970, Nov. 25, 1996; 62 FR
32463, June 13, 1997; 70 FR 34586, June 14, 2005]
§ 265.1035 Recordkeeping requirements.
(a)(1) 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 §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 §265.1032, including:
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(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.
(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 §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 §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 §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.
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(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 §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 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 §265.1032(a) is achieved at an
efficiency less than 95 weight percent or the total organic emission limits of §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 §265.1033(f)(1) and (f)(2).
(3) Monitoring, operating and inspection information required by paragraphs (f) through (k) of §265.1033 of this
subpart.
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(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 °C, period when the combustion temperature is below 760 °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 temperature is more than 28 °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 °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 °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) Fora condenser that complies with §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 §265.1033(f)(2)(vi)(B), period when:
(A) Temperature of the exhaust vent stream from the condenser is more than 6 °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 °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 §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 §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.
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(6) For carbon adsorption systems operated subject to requirements specified in §265.1033(g) or§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 §265.1033(h)(1), a log that records:
(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
§265.1033(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
§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 §265.1033(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
§265.1032 including supporting documentation as required by §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; 61 FR 59970, Nov. 25, 1996; 71 FR
40276, July 14, 2006]
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§§265.1036-265.1049 [Reserved]
Subpart BB—Air Emission Standards for Equipment Leaks
Source: 55 FR 25512, June 21, 1990, unless otherwise noted.
§265.1050 Applicability.
(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 §265.1).
(b) Except as provided in §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 §265.1052 to §265.1060 if it is identified
as required in §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 §§265.1052 through 265.1060
of this subpart if it is identified, as required in §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 INI, are not subject to the requirements of this subpart.
[Note: The requirements of §§265.1052 through 265.1064 apply to equipment associated with hazardous
waste recycling units previously exempt under paragraph 261.6(c)(1). Other exemptions under §§261.4
and 265.1(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]
§265.1051 Definitions.
As used in this subpart, all terms shall have the meaning given them in §264.1031, the Act, and parts 260-266.
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§ 265.1052 Standards: Pumps in light liquid service.
(a)(1) Each pump in light liquid service shall be monitored monthly to detect leaks by the methods specified in
§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)(1) 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)(1) 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 §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 §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 §265.1059.
(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.
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(e) Any pump that is designated, as described in §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 §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 §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 §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)(1) 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.
(g)(1) 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 §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.
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(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 §265.1060, except as provided in paragraph (i) of this section.
(i) Any compressor that is designated, as described in §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 §265.1063(c).
(2) Is tested for compliance with paragraph (i)(1) 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 §265.1063(c).
(b)(1) 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 §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 §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 §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
(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 §265.1085 through §265.1087 of this subpart or a control device that
complies with the requirements of §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.
[61 FR 59971, Nov. 25, 1996]
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§ 265.1056 Standards: Open-ended valves or lines.
(a)(1) 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 §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 §§265.1061 and 265.1062.
(b) If an instrument reading of 10,000 ppm or greater is measured, a leak is detected.
(c)(1) 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)(1) 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 §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.
(f) Any valve that is designated, as described in §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
§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.
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(g) Any valve that is designated, as described in §265.1064(h)(1), 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 §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 §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)(1) 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 §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 §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
§265.1064 of this subpart.
[55 FR 25512, June 21, 1990, as amended at 61 FR 59971, Nov. 25, 1996]
§ 265.1059 Standards: Delay of repair.
(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:
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(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 §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 §265.1033 of this part.
(b)(1) 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, 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]
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§ 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 §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 §265.1057 (d) and (e).
(c) Performance tests shall be conducted in the following manner:
(1) All valves subject to the requirements in §265.1057 within the hazardous waste management unit shall be
monitored within 1 week by the methods specified in §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
§265.1057 for which leaks are detected by the total number of valves subject to the requirements in §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.
(a) An owner or operator subject to the requirements of §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)(1) An owner or operator shall comply with the requirements for valves, as described in §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 §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 §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 §265.1057, but may again elect to use this section after meeting the
requirements of §265.1057(c)(1).
[55 FR 25512, June 21, 1990, as amended at 62 FR 64662, Dec. 8, 1997; 71 FR 16912, Apr. 4, 2006]
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§ 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 §§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 §§265.1052(e),
265.1053(1), 265.1054, and 265.1057(f), 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 interfaces 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.
(d) In accordance with the waste analysis plan required by §265.13(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 §260.11);
(2) Method 9060A (incorporated by reference under §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.
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(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)(1) 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)(1) 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
§260.11).
(i) Performance tests to determine if a control device achieves 95 weight percent organic emission reduction shall
comply with the procedures of §265.1034 (c)(1) through (c)(4).
[55 FR 25512, June 21, 1990, as amended at 62 FR 32463, June 13, 1997; 70 FR 34586, June 14, 2005; 71 FR
40276, July 14, 2006]
§ 265.1064 Recordkeeping requirements.
(a)(1) 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 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 §265.1033(a)(2), an implementation schedule as specified in
§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
§265.1035(b)(3).
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(4) Documentation of compliance with §265.1060, including the detailed design documentation or performance test
results specified in §265.1035(b)(4).
(c) When each leak is detected as specified in §§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 §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
§265.1057(c) and no leak has been detected during those 2 months.
(d) When each leak is detected as specified in §§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 §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 §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 §265.1059(c).
(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 §265.1060 shall be recorded and kept up-to-date in the facility
operating record as specified in §265.1035(c). Design documentation is specified in §265.1035 (c)(1) and (c)(2) and
monitoring, operating, and inspection information in §265.1035 (c)(3)-(c)(8).
(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 §§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.
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(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
§§265.1052(e), 265.1053(1), and 265.1057(f).
(ii)The designation of this equipment as subject to the requirements of §§265.1052(e), 265.1053(1), or265.1057(f)
shall be signed by the owner or operator.
(3) A list of equipment identification numbers for pressure relief devices required to comply with §265.1054(a).
(4)(i) The dates of each compliance test required in §§265.1052(e), 265.1053(1), 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 §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.
(i) The following information shall be recorded in the facility operating record for valves complying with §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 §§265.1052 (d)(5)(ii) and 265.1053(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 §§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 §§265.1052 through 265.1060. The record shall include supporting documentation as
required by §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
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contacted by equipment determined not to be subject to the requirements in §§265.1052 through 265.1060, then a
new determination is required.
(I) 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 §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]
§§265.1065-265.1079 [Reserved]
Subpart CC—Air Emission Standards for Tanks, Surface Impoundments,
and Containers
Source: 59 FR 62935, Dec. 6, 1994, unless otherwise noted.
§265.1080 Applicability.
(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 §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 m3.
(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
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control includes an enclosure, as opposed to a cover, must be in compliance with the enclosure and control device
requirements of §265.1085(1), except as provided in §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 §265.1090(1) 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:
(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 §265.1090(1) of this
subpart, explaining why an undue safety hazard would be created if air emission controls specified in §§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)(1) 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)(1) 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)(1) 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)(1) of this section, any hazardous waste surface impoundment operated at the
Stonewall Plant is subject to the standards in §265.1086 and all requirements related to hazardous waste surface
impoundments that are referenced in or by §265.1086, including the closed-vent system and control device
requirements of §265.1088 and the recordkeeping requirements of §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").
(1)(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)(1)(iii) of this section are temporarily deferred, as specified in paragraph
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(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)(1)(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)(1)(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
(f)(1)(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)(1)(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 §265.1086 of this part, and all requirements referenced in or by §265.1086 that otherwise would
apply to the two hazardous waste surface impoundments, including the closed-vent system and control device
requirements of §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)(1)(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.
( •/ ) 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.
(/) 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.
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(//) 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.
(///) 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)( 1 ) through (f)(2)(ii)(B)( 3 ) of
this section for performance testing and monitoring of the capper unit process vent thermal incinerator.
( •/ ) 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; (/) through (f)(2)(ii)(B)( 3 )(///) of this section.
(/) A temperature monitoring device equipped with a continuous recorder. The temperature monitoring device shall
be installed in the firebox or in the ductwork immediately downstream of the firebox in a position before any
substantial heat exchange is encountered.
(//) 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.
(///) 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 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)( 1 ) 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)( 1 ) of this section.
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( 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)( 1 ) through (f)(2)(ii)(D)( 6 ) of this section, with respect to the capper unit process
vent incinerator.
( •/ ) 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 )(/) through (f)(2)(ii)(D)( 2 )(///) of this section.
(/) Ensure that the thermal incinerator is operated in a manner consistent with good air pollution control practices.
(//) Ensure that the Sistersville Plant is prepared to correct malfunctions as soon as practicable after their occurrence
in order to minimize excess emissions.
(///) 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.
( 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)( 1 ) 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.
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(C) The Sistersville Plant shall comply with the monitoring requirements of paragraphs (f)(2)(iii)(C)( 1 ) 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 )(/) and (f)(2)(iii)(C)( 3 )(//) of this section.
(/) 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.
(//) 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.
(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)( 1 ) through
(f)(2)(B)( 3 ) of this section, with respect to the methanol recovery operation.
( •/ ) The Sistersville Plant shall perform measurements necessary to determine the information described in
paragraphs (f)(2)(iv)(B)( 1 )(i) and (f)(2)(iv)(B)( 1 )(//) of this section to demonstrate the percentage recovery by
weight of the methanol contained in the influent gas stream to the condenser.
(/) Information as is necessary to calculate the annual amount of methanol generated by operating the capper unit.
(//) 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.
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( 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.
(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)( 1 ) through (f)(2)(vi)(A)( 6 ) of this section.
( •/ ) 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 )(/) through (f)(2)(vi)(A)( 2 )( v) of this section.
(/) Review Sistersville Plant operations and waste streams.
(//) Review prior WMPP efforts at the Sistersville Plant.
(///) 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 )(///) 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 )(/) 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).
(//) 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.
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( 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 )(/) through (f)(2)(vi)(A)( 4 )(///) of this section.
(/) 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.
(//) Review and comment upon the Study Team progress reports and the draft WMPP Study Report.
(///) 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)( 1 ) 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 )(/) through (f)(2)(vi)( 2 )(///) of this section.
(/) The overall volume of wastes reduced.
(//) The quantities of each constituent identified in paragraph (f)(8) of this section reduced in the wastes.
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(///) 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 CFR 63.7(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 63.7(g)(1), 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)( 1 ) 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)( 1 ) 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 undersubpartXXof 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.
( 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 the progress 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.
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(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)( 1 ) through
(f)(2)(viii)(C)( 8) of this section.
( •/ ) The categories of information required to be submitted under paragraphs (f)(2)(viii)(B)( 1 ) 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) AWMPP Implementation Report that contains the information contained in paragraphs paragraphs
(f)(2)(viii)(C)(5)(i) through (viii)(C)(5)(vi) of this section.
(/) A summary of the WMPP opportunities selected for implementation.
(//) A description of the WMPP opportunities initiated and/or completed.
(///) 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.
( 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)(1) of this section is revoked, or 180 days after the MON Compliance Date,
whichever occurs first.
(E)( 1 ) 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
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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 40 CFR 270.11(a)(1).
(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)(1) 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.
(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)(1 )(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)(1)(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.
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(A) To determine compliance with the 98 percent reduction of TOC requirement of paragraph (f)(2)(ii)(A)( 1 ) 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)( 1 ) 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)( 1 ) 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 (Cjoc) shall be calculated as the sum of the concentrations
of the individual components, and shall be computed for each run using the following equation:
Where:
CToc=Concentration of TOC (minus methane and ethane), dry basis, parts per million by volume.
Cjj=Concentration of sample components] 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.
( •/ ) 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 (%O2d). 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:
~ ~ f 17.9 }
Where:
Cc=Concentration of TOC corrected to 3 percent oxygen, dry basis, parts per million by volume.
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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)( 1 ) of this section,
the Sistersville Plant shall use Method 1 8 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 (Ej, E0) shall be computed. All organic compounds (minus
methane and ethane) measured by Method 1 8 of 40 CFR part 60, Appendix A are summed using the following
equations:
Where:
Cy, Coj=Concentration of sample component j of the gas stream at the inlet and outlet of the control
device, respectively, dry basis, parts per million by volume.
EJ, 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, Moj=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 I0~6(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.
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Ej=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 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.
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(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. 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 underthe 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 ofWitco 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 )(//) and
(f)(2)(viii)(C)( 5)(///) 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; 1,2 Dichlorobenzene; 1,2 Dichloroethane; 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 Disulfide; Carbon Tetrachloride; Chlorobenzene; Chloroform; Chloromethane; Chromium;
Chrysene; Copper; Creosol; Creosol, m-; Creosol, o; Creosol, p; Cyanide; 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;
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Methoxychlor; Methyl Chloride; Methyl Chloroformate; Methyl Ethyl Ketone; Methyl Ethyl Ketone Peroxide; Methyl
Isobutyl Ketone; Methyl Methacrylate; Methylene Bromide; Methylene Chloride; Naphthalene; Nickel; Nitrobenzene;
Nitroglycerine; 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").
(1)(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)(1)(ii) of this section, either come
into compliance with all requirements of this subpart which had been deferred by paragraph (f)(1)(i) of this section, or
complete a facility or process modification such that the requirements of §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)(1)(i) of this section, or complete a facility or process modification such that
the requirements of §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)(1)(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 receives
written notification of revocation, or the MON Compliance Date, whichever is sooner) such that the requirements of
§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)(1 )(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)(1)(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)(1)(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 §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)(1)(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
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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)(1)(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]
Editorial Note: For Federal Register citations affecting §265.1080, see the List of CFR Sections Affected, which
appears in the Finding Aids section of the printed volume and atwww.fdsys.gov.
§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 §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 §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 §265.1084(d) of this subpart.
Point of waste origination means as follows:
(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 §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
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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 §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
1.8x10~6atmospheres/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 §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 §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 §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 FR4914, Feb. 9, 1996; 61 FR 59971, Nov. 25, 1996; 62 FR 64662,
Dec. 8, 1997; 70 FR 34586, June 14, 2005]
§ 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 §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
§265.1083(c) of this subpart cannot be completed by December6, 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 §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 §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 §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
§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 §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 §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).
(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]
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§ 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 §§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 §265.1085 through §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 §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 §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 §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 §265.1084(b) of this subpart.
(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
§265.1084(b) of this subpart.
(B) The total actual organic mass biodegradation rate (MRbio) 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
§265.1084(b) 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
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accordance with the standards specified in §265.1085 through §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 §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 §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 §265.1084(b) and §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.
(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 1.8x10~6atmospheres/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:
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(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 to 40 CFR 268.42(b).
(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 40 CFR
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 "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 §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 §265.1084(b) of this subpart.
(2) In performing a waste determination pursuant to paragraph (d)(1) 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)(1)
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:
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(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 §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 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 §265.1084(a) and §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 underthe provisions of §265.1083(c)(1) of this
subpart from using air emission controls in accordance with standards specified in §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 hazardous waste stream is placed in a waste management unit exempted underthe
provisions of §265.1083(c)(1) 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 §265.1083(c)(1) of this subpart.
(2) For a waste determination that is required by paragraph (a)(1) 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 anytime
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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 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 *
10~6atmospheres/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 (Wso). 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 (Wso) 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 * 10~6atmospheres/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.
(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:
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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 C,, kg/hr.
QT= Total mass quantity of hazardous waste during the averaging period, kg/hr.
Cj= 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 Ci, 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 1.8><10~6atmospheres/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
§265.1090(f)(1) of this subpart.
(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.
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(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 (fm25o).
(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 §265.1083 (c)(2)(i) through (c)(2)(vi) of this subpart
from using air emission controls in accordance with standards specified in §§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 §265.1083(c)(2), §265.1083(c)(3), or §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 the hazardous waste to increase to a level such that the
applicable treatment conditions specified in §265.1083(c)(2), §265.1083(c)(3), or§265.1083(c)(4) of this subpart are
not achieved.
(2) The owner or operator shall designate and record the specific provision in §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 anytime
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.
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(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, §265.1084(b)(3)(ii), 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 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 *
10~6atmospheres/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
§264.1082(c)(2)(i) through (c)(2)(vi) of this chapter, or §265.1083(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 (Wso). 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 (Wso) 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 * 10~6atmospheres/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:
C=Average VO concentration of the hazardous waste at the point of waste treatment on a mass-weighted
basis, ppmw.
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i=lndividual 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 C,, kg/hr.
QT=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
§265.1090(f)(1) 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:
Q m«
Vg^H-Vg^
*J f-1
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 §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
§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.
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Qx= Annual mass quantity of hazardous waste stream "x," kg/yr.
Qy= Annual mass quantity of hazardous waste stream "y," kg/yr.
Cx= Average VO concentration of hazardous waste stream "x" at the point of waste origination as
determined in accordance with the requirements of §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 (Cb) 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:
IV J-l
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.
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Ca= Average VO concentration of hazardous waste exiting process during run "j" as determined in
accordance with the requirements of §265.1 084(b)(3) of this subpart, ppmw.
Cb= Average VO concentration of hazardous waste entering process during run "j" as determined in
accordance with the requirements of §265.1 084(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:
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 (Fbio) shall be determined using the procedure specified in 40 CFR part 63,
appendix C of this chapter.
(ii) The RbioShall 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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y-l
fc-500
Y x£ x-;—
106
Where:
RMR=Required organic mass removal rate, kg/hr.
y=lndividual 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
§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 §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 (MRbio) for a treated hazardous waste.
(i) The MRbioShall 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.
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(iii) The fraction of organic biodegraded (Fbi0) shall be determined using the procedure specified in 40 CFR part 63,
appendix C of this chapter.
(iv) The MRbioShall 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 §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 §260.11 of this chapter);
(C) Methods obtained from standard reference texts;
(D) ASTM Method 2879-92 (incorporated by reference— refer to §260.11 of this chapter); and
(E) Any other method approved by the Regional Administrator.
(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
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pressure limit listed in §265.1085(b)(1)(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 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; 70 FR
34586, June 14, 2005]
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§ 265.1085 Standards: Tanks.
(a) The provisions of this section apply to the control of air pollutant emissions from tanks for which §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)(1)(i) through
(b)(1)(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)(1)(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 §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)(1)(i)
through (b)(1 )(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 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)(1 )(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)(1) 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 §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)(1)(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).
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(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)( 1 ) and ( 2 ) of this section.
( •/ ) 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 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 §265.1081 of this subpart, is allowed at anytime conditions require
doing so to avoid an unsafe condition.
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(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 (I) 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.
(iv) The owner or operator shall maintain a record of the inspection in accordance with the requirements specified in
§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)(1) 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 §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:
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(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:
(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
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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 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
§265.1090(b)ofthissubpart.
(4) Safety devices, as defined in §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)(1) 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 §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.
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(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.
(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.
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(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 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)(1)(ii) of this section.
(E) In the event that the seal gap measurements do not conform to the specifications in paragraph (f)(1)(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
§265.1090(b)ofthissubpart.
(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 (I) 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
§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.
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(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 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)(1) 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 §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 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 §265.1081 of this subpart, is allowed at anytime conditions require
doing so to avoid an unsafe condition.
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(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 §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 (I) 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
§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 §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 §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 §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)(1) 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 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
T—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 §265.1088 of this subpart.
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(3) Safety devices, as defined in §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)(1) 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
§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 §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)(1) 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 §265.1083(c)(1) 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
§265.1083(c)(2) of this subpart.
(iii) The hazardous waste meets the requirements of §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.
(I) 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.
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(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 FR 3391, Jan. 21,1999; 71 FR 40276,
July 14, 2006]
§ 265.1086 Standards: Surface impoundments.
(a) The provisions of this section apply to the control of air pollutant emissions from surface impoundments for which
§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)(1) 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)(1)(ii)(A) of this section and chemical and physical properties
that maintain the material integrity for the intended service life of the material.
(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)(1)(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.
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(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 §265.1081 of this subpart, is allowed at anytime 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 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
§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)(1) 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 §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
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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 §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.
(B) To remove accumulated sludge or other residues from the bottom of the surface impoundment.
(ii) Opening of a safety device, as defined in §265.1081 of this subpart, is allowed at anytime 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 §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
§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 §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.
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(2) The requirements of paragraph (e)(1) 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 §265.1083(c)(1) 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
§265.1083(c)(2) of this subpart.
(iii) The hazardous waste meets the requirements of §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.
(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
§265.1083(b) of this subpart references the use of this section for such air emission control.
(b) General requirements. (1) 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.
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(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 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)(1 )(ii) or (c)(1 )(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.
(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).
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(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 261.7(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 §265.1081 of this subpart, is allowed at anytime 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 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.
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(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 m 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 containerthat operates with no detectable organic emissions as defined in §265.1081 of this subpart and
determined in accordance with the procedure specified in paragraph (g) of this section.
(iii) A containerthat 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 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 261.7(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.
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(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 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 §265.1081 of this subpart, is allowed at anytime 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 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 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 §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.
(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.
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(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 §265.1088 of this subpart.
(3) Safety devices, as defined in §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)(1)
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 §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 §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)(1)(i) or (d)(1)(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, Emergency Response Information, and Training Requirements; 49 CFR part 173—
Shippers—General Requirements for Shipments and Packages; and 49 CFR part 180—Continuing Qualification and
Maintenance of Packagings.
(3) For the purpose of complying with this subpart, no exceptions to the 49 CFR part 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)(1)(ii) of this
section, the procedure specified in §265.1084(d) of this subpart shall be used.
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(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)(1 )(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 ±2.5 mm water and that is capable of
measuring above the pressure at which the container is to be tested for vapor tightness.
(3) If the test results determined by Method 27 indicate that the container sustains a pressure change less than or
equal to 750 Pascals within 5 minutes after it is pressurized to a minimum of 4,500 Pascals, then the container is
determined to be vapor-tight.
[61 FR 59986, Nov. 25, 1996, as amended at 62 FR 64666, Dec. 8, 1997; 64 FR 3391, Jan. 21,1999; 71 FR 40276,
July 14, 2006]
§ 265.1088 Standards: Closed-vent systems and control devices.
(a) This section applies to each closed-vent system and control device installed and operated by the owner or
operator to control air emissions in accordance with standards of this subpart.
(b) The closed-vent system shall meet the following requirements:
(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
§265.10330) 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.
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(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 §265.1033(c); or
(iii) A flare designed and operated in accordance with the requirements of §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)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this section, as applicable, shall not exceed 240 hours
per year.
(ii) The specifications and requirements in paragraphs (c)(1)(i), (c)(1)(ii), and (c)(1)(iii) of this section for control
devices do not apply during periods of planned routine maintenance.
(iii) The specifications and requirements in paragraphs (c)(1)(i), (c)(1)(ii), and (c)(1)(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)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this section, as applicable, shall not exceed 240 hours
per year) by recording the information specified in §265.1090(e)(1)(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)(1) 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 §265.1033(g) or §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 265.1033(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)(1) of this section shall operate and maintain
the control device in accordance with the requirements of §265.1033(1).
(5) The owner or operator shall demonstrate that a control device achieves the performance requirements of
paragraph (c)(1) of this section as follows:
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(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.
(ii) An owner or operator shall demonstrate the performance of each flare in accordance with the requirements
specified in §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 §265.1034(c)(1) 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 §265.1035(b)(4)(iii).
(v) The owner or operator shall demonstrate that a carbon adsorption system achieves the performance requirements
of paragraph (c)(1) 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 §265.1085 through §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]
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§ 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
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 §§265.1085 through 265.1088 of this subpart in accordance with the conditions specified in §265.1080(d)
or§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 §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 §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 §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 §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)(1) 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
§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 §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 §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 §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 §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 §265.1085(f)(1) 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.
(iv) Each owner or operator using an enclosure to comply with the Tank Level 2 control requirements specified in
§265.1085(1) of this subpart shall prepare and maintain the following records:
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(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 T—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 §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 §265.1086(c) of this subpart.
(3) A record for each inspection required by §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 §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 §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
§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 specified in paragraph (e)(1)(ii) of this section or by
performance tests as specified in paragraph (e)(1)(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.
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(iii) If performance tests are used, then a performance test plan as specified in 40 CFR 265.1035(b)(3) and all test
results.
(iv) Information as required by 40 CFR 265.1035(c)(1) 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)(1)(v)(A) and
(e)(1)(v)(B) of this section for those planned routine maintenance operations that would require the control device not
to meet the requirements of §265.1088 (c)(1)(i), (c)(1)(ii), or (c)(1)(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 §265.1088 (c)(1)(i), (c)(1)(ii), or(c)(1)(iii) of
this subpart, as applicable, due to planned routine maintenance.
(vi) An owner or operator shall record the information specified in paragraphs (e)(1)(vi)(A) through (e)(1)(vi)(C) of this
section for those unexpected control device system malfunctions that would require the control device not to meet the
requirements of §265.1088 (c)(1)(i), (c)(1)(ii), or (c)(1)(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
§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 §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 §265.1083(c)(1) or §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 record the date, time, and location that each waste sample is
collected in accordance with applicable requirements of §265.1084 of this subpart.
(2) For tanks, surface impoundments, or containers exempted under the provisions of §265.1083(c)(2)(vii) or
§265.1083(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 §265.1085(1) or
§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,
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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 §§265.1085 through 265.1088 of this
subpart in accordance with the conditions specified in §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§265.1080(d)(1).
(2) A description of how the hazardous waste containing the organic peroxide compounds identified in paragraph
(i)(1) 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)(1) 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 §§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 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 §§265.1085 through
265.1088 of this subpart in accordance with the provisions of §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; 71 FR 40276, July 14, 2006]
§265.1091 [Reserved]
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Source: 57 FR 37268, Aug. 18, 1992, unless otherwise noted.
§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 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 (ACI) and
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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)(1)(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 1 * 10~2cm/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 * 10~5m2 /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)(1). 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.)
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(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.
(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.
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(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 §265.15(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.
[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.
§§ 265.1103-265.1110 [Reserved]
Subpart EE—Hazardous Waste Munitions and Explosives Storage
Source: 62 FR 6653, Feb. 12, 1997, unless otherwise noted.
§265.1200 Applicability.
The requirements of this subpart apply to owners or operators who store munitions and explosive hazardous wastes,
except as §265.1 provides otherwise. (NOTE: Depending on explosive hazards, hazardous waste munitions and
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explosives may also be managed in other types of storage units, including containment buildings (40 CFR part 265,
subpart DD), tanks (40 CFR part 265, subpart J), or containers (40 CFR part 265, subpart I); See 40 CFR 266.205 for
storage of waste military munitions).
§ 265.1201 Design and operating standards.
(a) Hazardous waste munitions and explosives storage units must be designed and operated with containment
systems, controls, and monitoring, that:
(1) Minimize the potential for detonation or other means of release of hazardous waste, hazardous constituents,
hazardous decomposition products, or contaminated run-off, to the soil, ground water, surface water, and
atmosphere;
(2) Provide a primary barrier, which may be a container (including a shell) or tank, designed to contain the hazardous
waste;
(3) For wastes stored outdoors, provide that the waste and containers will not be in standing precipitation;
(4) For liquid wastes, provide a secondary containment system that assures that any released liquids are contained
and promptly detected and removed from the waste area, or vapor detection system that assures that any released
liquids or vapors are promptly detected and an appropriate response taken (e.g., additional containment, such as
overpacking, or removal from the waste area); and
(5) Provide monitoring and inspection procedures that assure the controls and containment systems are working as
designed and that releases that may adversely impact human health or the environment are not escaping from the
unit.
(b) Hazardous waste munitions and explosives stored underthis subpart may be stored in one of the following:
(1) Earth-covered magazines. Earth-covered magazines must be:
(i) Constructed of waterproofed, reinforced concrete or structural steel arches, with steel doors that are kept closed
when not being accessed;
(ii) Designed and constructed:
(A) To be of sufficient strength and thickness to support the weight of any explosives or munitions stored and any
equipment used in the unit;
(B) To provide working space for personnel and equipment in the unit; and
(C) To withstand movement activities that occur in the unit; and
(iii) Located and designed, with walls and earthen covers that direct an explosion in the unit in a safe direction, so as
to minimize the propagation of an explosion to adjacent units and to minimize other effects of any explosion.
(2) Above-ground magazines. Above-ground magazines must be located and designed so as to minimize the
propagation of an explosion to adjacent units and to minimize other effects of any explosion.
(3) Outdoor or open storage areas. Outdoor or open storage areas must be located and designed so as to minimize
the propagation of an explosion to adjacent units and to minimize other effects of any explosion.
(c) Hazardous waste munitions and explosives must be stored in accordance with a Standard Operating Procedure
specifying procedures to ensure safety, security, and environmental protection. If these procedures serve the same
purpose as the security and inspection requirements of 40 CFR 265.14, the preparedness and prevention procedures
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of 40 CFR part 265, subpart C, and the contingency plan and emergency procedures requirements of 40 CFR part
265, subpart D, then these procedures will be used to fulfill those requirements.
(d) Hazardous waste munitions and explosives must be packaged to ensure safety in handling and storage.
(e) Hazardous waste munitions and explosives must be inventoried at least annually.
(f) Hazardous waste munitions and explosives and their storage units must be inspected and monitored as necessary
to ensure explosives safety and to ensure that there is no migration of contaminants out of the unit.
§ 265.1202 Closure and post-closure care.
(a) At closure of a magazine or unit which stored hazardous waste under this subpart, the owner or operator must
remove or decontaminate all waste residues, contaminated containment system components, contaminated subsoils,
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
magazines or units must meet all of the requirements specified in subparts G and H of this part, except that the owner
or operator may defer closure of the unit as long as it remains in service as a munitions or explosives magazine or
storage unit.
(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 or she must close the facility and perform post-closure care in accordance with the closure and
post-closure requirements that apply to landfills (40 CFR 264.310).
Appendix I to Part 265—Recordkeeping Instructions
The recordkeeping provisions of §265.73 specify that an owner or operator must keep a written operating record at
his facility. This appendix provides additional instructions for keeping portions of the operating record. See §265.73(b)
for additional recordkeeping requirements.
The following information must be recorded, as it becomes available, and maintained in the operating record until
closure of the facility in the following manner:
Records of each hazardous waste received, treated, stored, or disposed of at the facility which include the following:
(1) A description by its common name and the EPA Hazardous Waste Number(s) from part 261 of this chapter which
apply to the waste. The waste description also must include the waste's physical form, i.e., liquid, sludge, solid, or
contained gas. If the waste is not listed in part 261, subpart D, of this chapter, the description also must include the
process that produced it (for example, solid filter cake from production of , EPA Hazardous Waste Number
W051).
Each hazardous waste listed in part 261, subpart D, of this chapter, and each hazardous waste characteristic defined
in part 261, subpart C, of this chapter, has a four-digit EPA Hazardous Waste Number assigned to it. This number
must be used for recordkeeping and reporting purposes. Where a hazardous waste contains more than one listed
hazardous waste, or where more than one hazardous waste characteristic applies to the waste, the waste description
must include all applicable EPA Hazardous Waste Numbers.
(2) The estimated or manifest-reported weight, or volume and density, where applicable, in one of the units of
measure specified in Table 1; and
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Table 1
Unit of measure
Gallons
Gallons per Hour
Gallons per Day
Liters
Liters Per Hour
Liters Per Day
Short Tons Per Hour
Metric Tons Per Hour
Short Tons Per Day
Metric Tons Per Day
Pounds Per Hour
Kilograms Per Hour
Cubic Yards
Cubic Meters
Acres
Acre-feet
Hectares
Hectare-meter
Btu's per Hour
Pounds
Short tons
Kilograms
Tons
Code1
G
E
U
L
H
V
D
W
N
S
J
R
Y
C
B
A
Q
F
I
P
T
K
M
1Single digit symbols are used here for data processing purposes.
(3) The method(s) (by handling code(s) as specified in Table 2) and date(s) of treatment, storage, or disposal.
Table 2—Handling Codes for Treatment, Storage and Disposal Methods
Enter the handling code(s) listed below that most closely represents the technique(s) used at the facility to treat, store
or dispose of each quantity of hazardous waste received.
1. Storage
S01 Container (barrel, drum, etc.)
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S02 Tank
SOS Waste Pile
S04 Surface Impoundment
SOS Drip Pad
S06 Containment Building (Storage)
S99 Other Storage (specify)
2. Treatment
(a) Thermal Treatment—
T06 Liquid injection incinerator
T07 Rotary kiln incinerator
T08 Fluidized bed incinerator
T09 Multiple hearth incinerator
T10 Infrared furnace incinerator
T11 Molten salt destructor
T12 Pyrolysis
T13 Wet Air oxidation
T14 Calcination
T15 Microwave discharge
T18 Other (specify)
(b) Chemical Treatment—
T19 Absorption mound
T20 Absorption field
T21 Chemical fixation
T22 Chemical oxidation
T23 Chemical precipitation
T24 Chemical reduction
T25 Chlorination
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T26 Chlorinolysis
T27 Cyanide destruction
T28 Degradation
T29 Detoxification
T30 Ion exchange
T31 Neutralization
T32 Ozonation
T33 Photolysis
T34 Other (specify)
(c) Physical Treatment—
(1) Separation of components
T35 Centrifugation
T36 Clarification
T37 Coagulation
T38 Decanting
T39 Encapsulation
T40 Filtration
T41 Flocculation
T42 Flotation
T43 Foaming
T44 Sedimentation
T45 Thickening
T46 Ultrafiltration
T47 Other (specify)
(2) Removal of Specific Components
T48 Absorption-molecular sieve
T49 Activated carbon
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T50 Blending
T51 Catalysis
T52 Crystallization
T53 Dialysis
T54 Distillation
T55 Electrodialysis
T56 Electrolysis
T57 Evaporation
T58 High gradient magnetic separation
T59 Leaching
T60 Liquid ion exchange
T61 Liquid-liquid extraction
T62 Reverse osmosis
T63 Solvent recovery
T64 Stripping
T65 Sand filter
T66 Other (specify)
(d) Biological Treatment
T67 Activated sludge
T68 Aerobic lagoon
T69 Aerobic tank
T70 Anaerobic tank
T71 Composting
T72 Septic tank
T73 Spray irrigation
T74 Thickening filter
T75 Trickling filter
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T76 Waste stabilization pond
T77 Other (specify)
T78-T79 [Reserved]
(e) Boilers and Industrial Furnaces
T80 Boiler
T81 Cement Kiln
T82 Lime Kiln
T83 Aggregate Kiln
T84 Phosphate Kiln
T85 Coke Oven
T86 Blast Furnace
T87 Smelting, Melting, or Refining Furnace
T88 Titanium Dioxide Chloride Process Oxidation Reactor
T89 Methane Reforming Furnace
T90 Pulping Liquor Recovery Furnace
T91 Combustion Device Used in the Recovery of Sulfur Values From Spent Sulfuric Acid
T92 Halogen Acid Furnaces
T93 Other Industrial Furnaces Listed in 40 CFR 260.10 (specify)
(f) Other Treatment
T94 Containment Building (Treatment)
3. Disposal
D79 Underground Injection
D80 Landfill
D81 Land Treatment
D82 Ocean Disposal
D83 Surface Impoundment (to be closed as a landfill)
D99 Other Disposal (specify)
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4. Miscellaneous
X01 Open Burning/Open Detonation
X02 Mechanical Processing
X03 Thermal Unit
X04 Geologic Repository
X99 Other (specify)
[45 FR 33232, May 19, 1980, as amended at 59 FR 13892, Mar. 24, 1994; 71 FR 40276, July 14, 2006]
Appendix II to Part 265 [Reserved]
Appendix III to Part 265—EPA Interim Primary Drinking Water
Standards
Parameter
Arsenic
Barium
Cadmium
Chromium
Fluoride
Lead
Mercury
Nitrate (as N)
Selenium
Silver
Endrin
Lindane
Methoxychlor
Toxaphene
2,4-D
2,4,5-TP Silver
Radium
Gross Alpha
Gross Beta
Maximum level (mg/l)
0.05
1.0
0.01
0.05
1 .4-2.4
0.05
0.002
10
0.01
0.05
0.0002
0.004
0.1
0.005
0.1
0.01
5 pCi/1
15pCi/1
4 millirem/yr
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Turbidity
Coliform Bacteria
1/TU
1/100 ml
Comment: Turbidity is applicable only to surface water supplies/
Appendix IV to Part 265—Tests for Significance
As required in §265.93(b) the owner or operator must use the Student's t-test to determine statistically significant
changes in the concentration or value of an indicator parameter in periodic ground-water samples when compared to
the initial background concentration or value of that indicator parameter. The comparison must consider individually
each of the wells in the monitoring system. For three of the indicator parameters (specific conductance, total organic
carbon, and total organic halogen) a single-tailed Student's t-test must be used to test at the 0.01 level of significance
for significant increases over background. The difference test for pH must be a two-tailed Student's t-test at the
overall 0.01 level of significance.
The student's t-test involves calculation of the value of a t-statistic for each comparison of the mean (average)
concentration or value (based on a minimum of four replicate measurements) of an indicator parameter with its initial
background concentration or value. The calculated value of the t-statistic must then be compared to the value of the t-
statistic found in a table fort-test of significance at the specified level of significance. A calculated value of t which
exceeds the value of t found in the table indicates a statistically significant change in the concentration or value of the
indicator parameter.
Formulae for calculation of the t-statistic and tables fort-test of significance can be found in most introductory
statistics texts.
Appendix V to Part 265—Examples of Potentially Incompatible Waste
Many hazardous wastes, when mixed with other waste or materials at a hazardous waste facility, can produce effects
which are harmful to human health and the environment, such as (1) heat or pressure, (2) fire or explosion, (3) violent
reaction, (4) toxic dusts, mists, fumes, or gases, or (5) flammable fumes or gases.
Below are examples of potentially incompatible wastes, waste components, and materials, along with the harmful
consequences which result from mixing materials in one group with materials in another group. The list is intended as
a guide to owners or operators of treatment, storage, and disposal facilities, and to enforcement and permit granting
officials, to indicate the need for special precautions when managing these potentially incompatible waste materials
or components.
This list is not intended to be exhaustive. An owner or operator must, as the regulations require, adequately analyze
his wastes so that he can avoid creating uncontrolled substances or reactions of the type listed below, whether they
are listed below or not.
It is possible for potentially incompatible wastes to be mixed in a way that precludes a reaction (e.g., adding acid to
water rather than water to acid) or that neutralizes them (e.g., a strong acid mixed with a strong base), or that controls
substances produced (e.g., by generating flammable gases in a closed tank equipped so that ignition cannot occur,
and burning the gases in an incinerator).
In the lists below, the mixing of a Group A material with a Group B material may have the potential consequence as
noted.
In the lists below, the mixing of a Group A material with a Group B material may have the potential consequence as
noted.
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Group 1-A
Acetylene sludge
Alkaline caustic liquids
Alkaline cleaner
Alkaline corrosive liquids
Alkaline corrosive battery fluid
Caustic wastewater
Lime sludge and other corrosive alkalies
Lime wastewater
Lime and water
Spent caustic
Group 1-B
Acid sludge
Acid and water
Battery acid
Chemical cleaners
Electrolyte, acid
Etching acid liquid or solvent
Pickling liquor and other corrosive acids
Spent acid
Spent mixed acid
Spent sulfuric acid
Potential consequences: Heat generation; violent reaction.
Group 2-A
Aluminum
Beryllium
Calcium
Lithium
Magnesium
Potassium
Sodium
Zinc powder
Other reactive metals and metal hydrides
Group 2-B
Any waste in Group 1-A or 1-B
Potential consequences: Fire or explosion; generation of flammable hydrogen gas.
Group 3-A
Alcohols
Water
Group 3-B
Any concentrated waste in Groups
1-A or 1-B
Calcium
Lithium
Metal hydrides
Potassium
S02CI2, SOCI2, PCI3, CH3SiCI3
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Other water-reactive waste
Potential consequences: Fire, explosion, or heat generation; generation of flammable or toxic gases.
Group 4-A
Alcohols
Aldehydes
Halogenated hydrocarbons
Nitrated hydrocarbons
Unsaturated hydrocarbons
Other reactive organic compounds and solvents
Group 4-B
Concentrated Group 1-A or 1-B wastes
Group 2-A wastes
Potential consequences: Fire, explosion, or violent reaction.
Group 5-A
Spent cyanide and sulfide solutions
Group 5-B
Group 1-B wastes
Potential consequences: Generation of toxic hydrogen cyanide or hydrogen sulfide gas.
Group 6-A
Chlorates
Chlorine
Chlorites
Chromic acid
Hyphochlorites
Nitrates
Nitric acid, fuming
Perchlorates
Permanganates
Peroxides
Other strong oxidizers
Group 6-B
Acetic acid and other organic acids
Concentrated mineral acids
Group 2-A wastes
Group 4-A wastes
Other flammable and combustible wastes
Potential consequences: Fire, explosion, or violent reaction.
Source:"Law, Regulations, and Guidelines for Handling of Hazardous Waste." California Department of Health,
February 1975.
[45 FR 33232, May 19, 1980, as amended at 71 FR 40276, July 14, 2006]
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Appendix VI to Part 265—Compounds With Henry's Law Constant Less
Than 0.1 Y/X
Compound name
Acetaldol
Acetamide
2-Acetylaminofluorene
3-Acetyl-5-hydroxypiperidine
3-Acetylpiperidine
1-Acetyl-2-thiourea
Acrylamide
Acrylic acid
Adenine
Adipic acid
Adiponitrile
Alachlor
Aldicarb
Ametryn
4-Aminobiphenyl
4-Aminopyridine
Aniline
o-Anisidine
Anthraquinone
Atrazine
Benzenearsonic acid
Benzenesulfonic acid
Benzidine
Benzo(a)anthracene
Benzo(k)fluoranthene
Benzole acid
Benzo(g,h,i)perylene
Benzo(a)pyrene
Benzyl alcohol
gamma-BHC
Bis(2-ethylhexyl)phthalate
CAS No.
107-89-1
60-35-5
53-96-3
618-42-8
591-08-2
79-06-1
79-1 0-7
73-24-5
124-04-9
111-69-3
15972-60-8
116-06-3
834-12-8
92-67-1
504-24-5
62-53-3
90-04-0
84-65-1
1912-24-9
98-05-5
98-11-3
92-87-5
56-55-3
207-08-9
65-85-0
191-24-2
50-32-8
100-51-6
58-89-9
117-81-7
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Bromochloromethyl acetate
Bromoxynil
Butyric acid
Caprolactam (hexahydro-2H-azepin-2-one)
Catechol (o-dihydroxybenzene)
Cellulose
Cell wall
Chlorhydrin (3-Chloro-1 ,2-propanediol)
Chloroacetic acid
2-Chloroacetophenone
p-Chloroaniline
p-Chlorobenzophenone
Chlorobenzilate
p-Chloro-m-cresol (6-chloro-m-cresol)
3-Chloro-2,5-diketopyrrolidine
Chloro-1 ,2-ethane diol
4-Chlorophenol
Chlorophenol polymers (2-chlorophenol &4-chlorophenol)
1-(o-Chlorophenyl)thiourea
Chrysene
Citric acid
Creosote
m-Cresol
o-Cresol
p-Cresol
Cresol (mixed isomers)
4-Cumylphenol
Cyanide
4-Cyanomethyl benzoate
Diazinon
Dibenzo(a,h)anthracene
Dibutylphthalate
2,5-Dichloroaniline (N,N'-dichloroaniline)
1689-84-5
107-92-6
105-60-2
120-80-9
9004-34-6
96-24-2
79-11-8
93-76-5
106-47-8
134-85-0
510-15-6
59-50-7
106-48-9
95-57-8 &
106-48-9
5344-82-1
218-01-9
77-92-9
8001-58-9
108-39-4
95-48-7
106-44-5
1319-77-3
27576-86
57-12-5
333-41-5
53-70-3
84-74-2
95-82-9
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2,6-Dichlorobenzonitrile1 1
2,6-Dichloro-4-nitroaniline
2,5-Dichlorophenol
3,4-Dichlorotetrahydrofuran
Dichlorvos (DDVP)
Diethanolamine
N,N-Diethylaniline
Diethylene glycol
Diethylene glycol dimethyl ether (dimethyl Carbitol)
Diethylene glycol monobutyl ether (butyl Carbitol)
Diethylene glycol monoethyl ether acetate (Carbitol acetate)
Diethylene glycol monoethyl ether (Carbitol Cellosolve)
Diethylene glycol monomethyl ether (methyl Carbitol)
N,N'-Diethylhydrazine
Diethyl (4-methylumbelliferyl) thionophosphate
Diethyl phosphorothioate
N,N'-Diethylpropionamide
Dimethoate
2,3-Dimethoxystrychnidin-1 0-one
4-Dimethylaminoazobenzene
7,12-Dimethylbenz(a)anthracene
3,3-Dimethylbenzidine
Dimethylcarbamoyl chloride
Dimethyldisulfide
Dimethylformamide
1,1-Dimethylhydrazine
Dimethylphthalate
Dimethylsulfone
Dimethylsulfoxide
4,6-Dinitro-o-cresol
1 ,2-Diphenylhydrazine
Dipropylene glycol (1,1'-oxydi-2-propanol)
Endrin
Epinephrine
1194-65-6
99-30-9
333-41-5
3511-19
62-73-7
111-42-2
91-66-7
111-46-6
111-96-6
112-34-5
112-15-2
111-90-0
111-77-3
1615-80-1
299-45-6
126-75-0
15299-99-7
60-51-5
357-57-3
60-11-7
57-97-6
119-93-7
79-44-7
624-92-0
68-12-2
57-14-7
131-11-3
67-71-0
67-68-5
534-52-1
122-66-7
110-98-5
72-20-8
51-43-4
222
-------
mono-Ethanolamine
Ethyl carbamate (urethane)
Ethylene glycol
Ethylene glycol monobutyl ether (butyl Cellosolve)
Ethylene glycol monoethyl ether (Cellosolve)
Ethylene glycol monoethyl ether acetate (Cellosolve acetate)
Ethylene glycol monomethyl ether (methyl Cellosolve)
Ethylene glycol monophenyl ether (phenyl Cellosolve)
Ethylene glycol monopropyl ether (propyl Cellosolve)
Ethylene thiourea (2-imidazolidinethione)
4-Ethylmorpholine
3-Ethylphenol
Fluoroacetic acid, sodium salt
Formaldehyde
Formamide
Formic acid
Fumaric acid
Glutaric acid
Glycerin (Glycerol)
Glycidol
Glycinamide
Glyph osate
Guthion
Hexamethylene-1 ,6-diisocyanate (1 ,6-diisocyanatohexane)
Hexamethyl phosphoramide
Hexanoic acid
Hydrazine
Hydrocyanic acid
Hydroquinone
Hydroxy-2-propionitrile (hydracrylonitrile)
Indeno (1 ,2,3-cd) pyrene
Lead acetate
Lead subacetate (lead acetate, monobasic)
Leucine
141-43-5
5-17-96
107-21-1
111-76-2
110-80-5
111-15-9
109-86-4
122-99-6
2807-30-9
96-45-7
100-74-3
620-17-7
62-74-8
50-00-0
75-12-7
64-1 8-6
110-17-8
110-94-1
56-81-5
556-52-5
598-41-4
1071-83-6
86-50-0
822-06-0
680-31-9
142-62-1
302-01-2
74-90-8
123-31-9
109-78-4
193-39-5
301-04-2
1335-32-6
61-90-5
223
-------
Malathion
Maleic acid
Maleic anhydride
Mesityl oxide
Methane sulfonic acid
Methomyl
p-Methoxyphenol
Methyl acrylate
4,4'-Methylene-bis-(2-chloroaniline)
4,4'-Methylenediphenyl diisocyanate (diphenyl methane diisocyanate)
4,4'-Methylenedianiline
Methylene diphenylamine (MDA)
5-Methylfurfural
Methylhydrazine
Methyliminoacetic acid
Methyl methane sulfonate
1 -Methyl-2-methoxyaziridine
Methyl pa rath ion
Methyl sulfuric acid (sulfuric acid, dimethyl ester)
4-Methylthiophenol
Monomethylformamide (N-methylformamide)
Nabam
alpha-Naphthol
beta-Naphthol
alpha-Naphthylamine
beta-Naphthylamine
Neopentyl glycol (dimethylpropane)
Niacinamide
o-Nitroaniline
Nitroglycerin
2-Nitrophenol
4-Nitrophenol
N-Nitrosodimethylamine
Nitrosoguanidine
121-75-5
110-16-7
108-31-6
141-79-7
75-75-2
16752-77-5
150-76-5
96-33-3
101-14-4
101-68-8
101-77-9
620-02-0
60-34-4
66-27-3
298-00-0
77-78-1
106-45-6
123-39-7
142-59-6
90-1 5-3
135-19-3
134-32-7
91-59-8
126-30-7
98-92-0
88-74-4
55-63-0
88-75-5
100-02-7
62-75-9
674-81-7
224
-------
N-Nitroso-n-methylurea
N-Nitrosomorpholine (4-nitrosomorpholine)
Oxalic acid
Parathion
Pentaerythritol
Phenacetin
Phenol
Phenylacetic acid
m-Phenylene diamine
o-Phenylene diamine
p-Phenylene diamine
Phenyl mercuric acetate
Phorate
Phthalic anhydride
alpha-Picoline (2-methyl pyridine)
1,3-Propane sultone
beta-Propiolactone
Proporur (Baygon)
Propylene glycol
Pyrene
Pyridinium bromide
Quinoline
Quinone (p-benzoquinone)
Resorcinol
Simazine
Sodium acetate
Sodium formate
Strychnine
Succinic acid
Succinimide
Sulfanilic acid
Terephthalic acid
Tetraethyldithiopyrophosphate
Tetraethylenepentamine
684-93-5
59-89-2
144-62-7
56-38-2
115-77-5
62-44-2
108-95-2
103-82-2
108-45-2
95-54-5
106-50-3
62-38-4
298-02-2
85-44-9
109-06-8
1120-71-4
57-57-8
57-55-6
129-00-0
39416-48-3
91-22-5
106-51-4
108-46-3
122-34-9
127-09-3
141-53-7
57-24-9
110-15-6
123-56-8
121-47-1
100-21-0
3689-24-5
112-57-2
225
-------
Thiofanox
Thiosemicarbazide
2,4-Toluenediamine
2,6-Toluenediamine
3,4-Toluenediamine
2,4-Toluene diisocyanate
p-Toluic acid
m-Toluidine
1 ,1 ,2-Trichloro-1 ,2,2-trifluoroethane
Triethanolamine
Triethylene glycol dimethyl ether
Tripropylene glycol
Warfarin
3,4-Xylenol (3,4-dimethylphenol)
39196-18-4
79-1 9-6
95-80-7
823-40-5
496-72-0
584-84-9
99-94-5
108-44-1
76-1 3-1
102-71-6
24800-44-0
81-81-2
95-65-8
[62 FR 64668, Dec. 8, 1997, as amended at 71 FR 40276, July 14, 2006]
226
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Appendix C: Part 266
Regulations
Standards for the Management of Specific Hazardous
Wastes and Specific Types of Hazardous Waste
Management Facilities
6/1/2011
US-EPA
Version 1
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of
Part 266 Regulations - Standards for the Management of Specific Hazardous Wastes and Specific Types
of Hazardous Waste Management Facilities 1
Subparts A-B [Reserved] 1
Subpart C—Recyclable Materials Used in a Manner Constituting Disposal 1
Subparts D-E [Reserved] 2
Subpart F—Recyclable Materials Utilized for Precious Metal Recovery 2
Subpart G—Spent Lead-Acid Batteries Being Reclaimed 3
Subpart H—Hazardous Waste Burned in Boilers and Industrial Furnaces 5
Subparts I-L [Reserved] 50
Subpart M—Military Munitions 50
Subpart N—Conditional Exemption for Low-Level Mixed Waste Storage, Treatment, Transportation and
Disposal 54
Storage and Treatment Conditional Exemption and Eligibility 55
Treatment 56
Loss of Conditional Exemption 56
Recordkeeping 57
Reentry Into RCRA 58
Storage Unit Closure 58
Transportation and Disposal Conditional Exemption 58
Eligibility 58
Conditions 58
Notification 60
Recordkeeping 60
Loss of Transportation and Disposal Conditional Exemption 61
Appendix I to Part 266—Tier I and Tier II Feed Rate and Emissions Screening Limits for Metals 62
Appendix II to Part 266—Tier I Feed Rate Screening Limits for Total Chlorine 67
Appendix III to Part 266—Tier II Emission Rate Screening Limits for Free Chlorine and Hydrogen
Chloride 68
Appendix IV to Part 266—Reference Air Concentrations* 70
Appendix V to Part 266—Risk Specific Doses (10~5) 73
Appendix VI to Part 266—Stack Plume Rise 75
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Appendix VII to Part 266—Health-Based Limits for Exclusion of Waste-Derived Residues* 76
Appendix VIM to Part 266—Organic Compounds for Which Residues Must Be Analyzed 80
Appendix IX to Part 266—Methods Manual for Compliance With the BIF Regulations 81
Appendix X to Part 266 [Reserved] 148
Appendix XI to Part 266—Lead-Bearing Materials That May be Processed in Exempt Lead Smelters
148
Appendix XII to Part 266—Nickel or Chromium-Bearing Materials that may be Processed in Exempt
Nickel-Chromium Recovery Furnaces 149
Appendix XIII to Part 266—Mercury Bearing Wastes That May Be Processed in Exempt Mercury
Recovery Units 150
in
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Part 266 Regulations - Standards for the Management of Specific
Hazardous Wastes and Specific Types of Hazardous Waste Management
Facilities
Authority: 42 U.S.C. 1006, 2002(a), 3001-3009, 3014, 3017, 6905, 6906, 6912, 6921, 6922, 6924-
6927, 6934, and 6937.
Source: 50 FR 666, Jan. 4, 1985, unless otherwise noted.
Subparts A-B [Reserved]
Subpart C—Recyclable Materials Used in a Manner Constituting Disposal
§ 266.20 Applicability.
(a) The regulations of this subpart apply to recyclable materials that are applied to or placed on the land:
(1) Without mixing with any other substance(s); or
(2) After mixing or combination with any other substance(s). These materials will be referred to throughout this
subpart as "materials used in a manner that constitutes disposal."
(b) Products produced for the general public's use that are used in a manner that constitutes disposal and that
contain recyclable materials are not presently subject to regulation if the recyclable materials have undergone a
chemical reaction in the course of producing the products so as to become inseparable by physical means and if
such products meet the applicable treatment standards in subpart D of part 268 (or applicable prohibition levels in
§268.32 or RCRA section 3004(d), where no treatment standards have been established) for each recyclable
material (i.e., hazardous waste) that they contain.
(c) Anti-skid/deicing uses of slags, which are generated from high temperature metals recovery (HTMR) processing of
hazardous waste K061, K062, and F006, in a manner constituting disposal are not covered by the exemption in
paragraph (b) of this section and remain subject to regulation.
(d) Fertilizers that contain recyclable materials are not subject to regulation provided that:
(1)They are zinc fertilizers excluded from the definition of solid waste according to §261.4(a)(21) of this chapter; or
(2) They meet the applicable treatment standards in subpart D of Part 268 of this chapter for each hazardous waste
that they contain.
[50 FR 666, Jan. 4, 1985, as amended at 52 FR 21307, June 5, 1987; 54 FR 36970, Sept. 6, 1989; 59 FR 43500,
Aug. 24, 1994; 67 FR 48414, July 24, 2002]
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§ 266.21 Standards applicable to generators and transporters of materials used in a manner that
constitutes disposal.
Generators and transporters of materials that are used in a manner that constitutes disposal are subject to the
applicable requirements of parts 262 and 263 of this chapter, and the notification requirement under section 3010 of
RCRA.
§ 266.22 Standards applicable to storers of materials that are to be used in a manner that
constitutes disposal who are not the ultimate users.
Owners or operators of facilities that store recyclable materials that are to be used in a manner that constitutes
disposal, but who are not the ultimate users of the materials, are regulated under all applicable provisions of subparts
A through L of parts 264, 265 and 267, and parts 270 and 124 of this chapter and the notification requirement under
section 3010 of RCRA.
[75 FR 13006, Mar. 18,2010]
§ 266.23 Standards applicable to users of materials that are used in a manner that constitutes
disposal.
(a) Owners or operators of facilities that use recyclable materials in a manner that constitutes disposal are regulated
under all applicable provisions of subparts Athrough N of parts 124, 264, 265, 268, and 270 of this chapter and the
notification requirement under section 3010 of RCRA. (These requirements do not apply to products which contain
these recyclable materials under the provisions of §266.20(b) of this chapter.)
(b)The use of waste or used oil or other material, which is contaminated with dioxin or any other hazardous waste
(other than a waste identified solely on the basis of ignitability), for dust suppression or road treatment is prohibited.
[50 FR 666, Jan. 4, 1985, as amended at 50 FR 28750, July 15, 1985; 59 FR 48042, Sept. 19, 1994]
Subparts D-E [Reserved]
Subpart F—Recyclable Materials Utilized for Precious Metal Recovery
§ 266.70 Applicability and requirements.
(a) The regulations of this subpart apply to recyclable materials that are reclaimed to recover economically significant
amounts of gold, silver, platinum, palladium, iridium, osmium, rhodium, ruthenium, or any combination of these.
(b) Persons who generate, transport, or store recyclable materials that are regulated under this subpart are subject to
the following requirements:
(1) Notification requirements under section 3010 of RCRA;
(2) Subpart B of part 262 (for generators), §§263.20 and 263.21 (for transporters), and §§265.71 and 265.72 (for
persons who store) of this chapter; and
(3) For precious metals exported to or imported from designated OECD member countries for recovery, subpart H of
part 262 and §265.12(a)(2) of this chapter. For precious metals exported to or imported from non-OECD countries for
recovery, subparts E and F of 40 CFR part 262.
-------
(c) Persons who store recycled materials that are regulated under this subpart must keep the following records to
document that they are not accumulating these materials speculatively (as defined in §261.1(c) of this chapter);
(1) Records showing the volume of these materials stored at the beginning of the calendar year;
(2) The amount of these materials generated or received during the calendar year; and
(3) The amount of materials remaining at the end of the calendar year.
(d) Recyclable materials that are regulated under this subpart that are accumulated speculatively (as defined in
§261.1(c) of this chapter) are subject to all applicable provisions of parts 262 through 265, 267, 270, and 124 of this
chapter.
[50 FR 666, Jan. 4, 1985, as amended at 61 FR 16315, Apr. 12, 1996; 71 FR 40277, July 14, 2006; 75 FR 13007,
Mar. 18,2010]
Subpart G—Spent Lead-Acid Batteries Being Reclaimed
§ 266.80 Applicability and requirements.
(a) Are spent lead-acid batteries exempt from hazardous waste management requirements? If you generate, collect,
transport, store, or regenerate lead-acid batteries for reclamation purposes, you may be exempt from certain
hazardous waste management requirements. Use the following table to determine which requirements apply to you.
Alternatively, you may choose to manage your spent lead-acid batteries under the "Universal Waste" rule in 40 CFR
part 273.
If your batteries .
(1) Will be
reclaimed through
regeneration
(such as by
electrolyte
replacement)
(2) Will be
reclaimed other
than through
regeneration
(3) Will be
reclaimed other
than through
regeneration
(4) Will be
reclaimed other
than through
regeneration
(5) Will be
reclaimed other
than through
regeneration
(6) Will be
reclaimed through
And if you . . .
generate, collect,
and/or transport
these batteries
store these
batteries but you
aren't the
reclaimer
store these
batteries before
you reclaim them
don't store these
batteries before
you reclaim them
export these
batteries for
Then you . . .
are exempt from 40 CFR parts 262 (except for
§262.11), 263, 264, 265, 266, 268, 270, 124 of
this chapter, and the notification requirements
at section 3010 of RCRA
are exempt from 40 CFR parts 262 (except for
§262.11), 263, 264, 265, 266, 270, 124 of this
chapter, and the notification requirements at
section 3010 of RCRA
are exempt from 40 CFR parts 262 (except for
§262.11), 263, 264, 265, 266, 270, 124 of this
chapter, and the notification requirements at
section 3010 of RCRA
must comply with 40 CFR 266.80(b) and as
appropriate other regulatory provisions
described in 266.80(b)
are exempt from 40 CFR parts 262 (except for
§262.11), 263, 264, 265, 266, 270, 124 of this
chapter, and the notification requirements at
section 3010 of RCRA
are exempt from 40 CFR parts 263, 264, 265,
266, 268, 270, 124 of this chapter, and the
And you . . .
are subject to 40 CFR parts 261
and §262.11 of this chapter.
are subject to 40 CFR parts 261
and §262.11, and applicable
provisions under part 268.
are subject to 40 CFR parts
261, §262.11, and applicable
provisions under part 268.
are subject to 40 CFR parts
261, §262.11, and applicable
provisions under part 268.
are subject to 40 CFR parts
261, §262.11, and applicable
provisions under part 268.
are subject to 40 CFR part 261
and §262. 1 1 , and either must
-------
regeneration or
any other means
reclamation in a
foreign country
notification requirements at section 3010 of
RCRA. You are also exempt from part 262,
except for 262.11, and except for the applicable
requirements in either: (1) 40 CFR part 262
subpart H; or (2) 262.53 "Notification of Intent
to Export, 262.56(a)(1) through (4)(6) and (b)
"Annual Reports," and 262.57 "Recordkeeping"
comply with 40 CFR part 262,
subpart H (if shipping to one of
the OECD countries specified in
40 CFR 262.58(a)(1)), or must:
a) Comply with the
requirements applicable to a
primary exporter in 40 CFR
262.53, 262.56(a)(1) through
(4), (6), and (b) and 262.57; and
(b) Export these batteries only
upon consent of the receiving
country and in conformance
with the EPA Acknowledgement
of Consent as defined in
subpart E of part 262 of this
chapter; and
(c) Provide a copy of the EPA
Acknowledgment of Consent for
the shipment to the transporter
transporting the shipment for
export.
(7) Will be
reclaimed through
regeneration or
any other means
Transport these
batteries in the
U.S. to export
them for
reclamation in a
foreign country
are exempt from 40 CFR parts 263, 264, 265,
266, 268, 270, 124 of this chapter, and the
notification requirements at section 3010 of
RCRA
must comply with applicable
requirements in 40 CFR part
262, subpart H (if shipping to
one of the OECD countries
specified in 40 CFR
262.58(a)(1)), or must comply
with the following:
(a) you may not accept a
shipment if you know the
shipment does not conform to
the EPA Acknowledgment of
Consent;
(b) you must ensure that a copy
of the EPA Acknowledgment of
Consent accompanies the
shipment; and
(c) you must ensure that the
shipment is delivered to the
facility designated by the person
initiating the shipment.
(b) If I store spent lead-acid batteries before I reclaim them but not through regeneration, which requirements apply?
The requirements of paragraph (b) of this section apply to you if you store spent lead-acid batteries before you
reclaim them, but you don't reclaim them through regeneration. The requirements are slightly different depending on
your RCRA permit status.
(1) For Interim Status Facilities, you must comply with:
(i) Notification requirements under section 3010 of RCRA.
(ii) All applicable provisions in subpart A of part 265 of this chapter.
(iii) All applicable provisions in subpart B of part 265 of this chapter except §265.13 (waste analysis).
(iv) All applicable provisions in subparts C and D of part 265 of this chapter.
-------
(v) All applicable provisions in subpart E of part 265 of this chapter except §§265.71 and 265.72 (dealing with the use
of the manifest and manifest discrepancies).
(vi) All applicable provisions in subparts F through L of part 265 of this chapter.
(vii) All applicable provisions in parts 270 and 124 of this chapter.
(viii) All applicable provisions in part 267 of this chapter.
(2) For Permitted Facilities:
(i) Notification requirements under section 3010 of RCRA.
(ii) All applicable provisions in subpart A of part 264 of this chapter.
(iii) All applicable provisions in subpart B of part 264 of this chapter (but not §264.13 (waste analysis).
(iv) All applicable provisions in subparts C and D of part 264 of this chapter.
(v) All applicable provisions in subpart E of part 264 of this chapter (but not §264.71 or §264.72 (dealing with the use
of the manifest and manifest discrepancies).
(vi) All applicable provisions in subparts F through L of part 264 of this chapter.
(vii) All applicable provisions in parts 270 and 124 of this chapter.
(viii) All applicable provisions in part 267 of this chapter.
[63 FR 71229, Dec. 24, 1998, as amended at 71 FR 40277, July 14, 2006; 75 FR 13007, Mar. 18, 2010; 75 FR 1261,
Jan. 8,2010]
Subpart H—Hazardous Waste Burned in Boilers and Industrial Furnaces
Source: 56 FR 7208, Feb. 21, 1991, unless otherwise noted.
§266.100 Applicability.
(a) The regulations of this subpart apply to hazardous waste burned or processed in a boiler or industrial furnace (as
defined in §260.10 of this chapter) irrespective of the purpose of burning or processing, except as provided by
paragraphs (b), (c), (d), (g), and (h) of this section. In this subpart, the term "burn" means burning for energy recovery
or destruction, or processing for materials recovery or as an ingredient. The emissions standards of §§266.104,
266.105, 266.106, and 266.107 apply to facilities operating under interim status or under a RCRA permit as specified
in §§266.102 and 266.103.
(b) Integration of the MACT standards. (1) Except as provided by paragraphs (b)(2), (b)(3), and (b)(4) of this section,
the standards of this part do not apply to a new hazardous waste boiler or industrial furnace unit that becomes
subject to RCRA permit requirements after October 12, 2005; or no longer apply when an owner or operator of an
existing hazardous waste boiler or industrial furnace unit demonstrates compliance with the maximum achievable
control technology (MACT) requirements of part 63, subpart EEE, of this chapter by conducting a comprehensive
performance test and submitting to the Administrator a Notification of Compliance under §§63.1207Q) and 63.1210(d)
of this chapter documenting compliance with the requirements of part 63, subpart EEE, of this chapter. Nevertheless,
even after this demonstration of compliance with the MACT standards, RCRA permit conditions that were based on
the standards of this part will continue to be in effect until they are removed from the permit or the permit is
terminated or revoked, unless the permit expressly provides otherwise.
-------
(2) The following standards continue to apply:
(i) If you elect to comply with §270.235(a)(1)(i) of this chapter to minimize emissions of toxic compounds from startup,
shutdown, and malfunction events, §266.102(e)(1) requiring operations in accordance with the operating
requirements specified in the permit at all times that hazardous waste is in the unit, and §266.102(e)(2)(iii) requiring
compliance with the emission standards and operating requirements during startup and shutdown if hazardous waste
is in the combustion chamber, except for particular hazardous wastes. These provisions apply only during startup,
shutdown, and malfunction events;
(ii)The closure requirements of §§266.102(e)(11) and 266.103(1);
(iii) The standards for direct transfer of §266.111;
(iv) The standards for regulation of residues of §266.112; and
(v) The applicable requirements of subparts A through H, BB and CC of parts 264 and 265 of this chapter.
(3) If you own or operate a boiler or hydrochloric acid production furnace that is an area source under §63.2 of this
chapter and you elect not to comply with the emission standards under §§63.1216, 63.1217, and 63.1218 of this
chapter for particulate matter, semivolatile and low volatile metals, and total chlorine, you also remain subject to:
(i) Section 266.105—Standards to control particulate matter;
(ii) Section 266.106—Standards to control metals emissions, except for mercury; and
(iii) Section 266.107—Standards to control hydrogen chloride and chlorine gas.
(4) The particulate matter standard of §266.105 remains in effect for boilers that elect to comply with the alternative to
the particulate matter standard under §§63.1216(e) and 63.1217(e) of this chapter.
(c) The following hazardous wastes and facilities are not subject to regulation under this subpart:
(1) Used oil burned for energy recovery that is also a hazardous waste solely because it exhibits a characteristic of
hazardous waste identified in subpart C of part 261 of this chapter. Such used oil is subject to regulation under part
279 of this chapter;
(2) Gas recovered from hazardous or solid waste landfills when such gas is burned for energy recovery;
(3) Hazardous wastes that are exempt from regulation under §§261.4 and 261.6(a)(3) (iii) and (iv) of this chapter, and
hazardous wastes that are subject to the special requirements for conditionally exempt small quantity generators
under §261.5 of this chapter; and
(4) Coke ovens, if the only hazardous waste burned is EPA Hazardous Waste No. K087, decanter tank tar sludge
from coking operations.
(d) Owners and operators of smelting, melting, and refining furnaces (including pyrometallurgical devices such as
cupolas, sintering machines, roasters, and foundry furnaces, but not including cement kilns, aggregate kilns, or
halogen acid furnaces burning hazardous waste) that process hazardous waste solely for metal recovery are
conditionally exempt from regulation under this subpart, except for §§266.101 and 266.112.
(1) To be exempt from §§266.102 through 266.111, an owner or operator of a metal recovery furnace or mercury
recovery furnace must comply with the following requirements, except that an owner or operator of a lead or a nickel-
chromium recovery furnace, or a metal recovery furnace that burns baghouse bags used to capture metallic dusts
emitted by steel manufacturing, must comply with the requirements of paragraph (d)(3) of this section, and owners or
operators of lead recovery furnaces that are subject to regulation under the Secondary Lead Smelting NESHAP must
comply with the requirements of paragraph (h) of this section.
-------
(i) Provide a one-time written notice to the Director indicating the following:
(A) The owner or operator claims exemption under this paragraph;
(B) The hazardous waste is burned solely for metal recovery consistent with the provisions of paragraph (d)(2) of this
section;
(C) The hazardous waste contains recoverable levels of metals; and
(D) The owner or operator will comply with the sampling and analysis and recordkeeping requirements of this
paragraph;
(ii) Sample and analyze the hazardous waste and other feedstocks as necessary to comply with the requirements of
this paragraph by using appropriate methods; and
(iii) Maintain at the facility for at least three years records to document compliance with the provisions of this
paragraph including limits on levels of toxic organic constituents and Btu value of the waste, and levels of recoverable
metals in the hazardous waste compared to normal nonhazardous waste feedstocks.
(2) A hazardous waste meeting either of the following criteria is not processed solely for metal recovery:
(i) The hazardous waste has a total concentration of organic compounds listed in part 261, appendix VIII, of this
chapter exceeding 500 ppm by weight, as-fired, and so is considered to be burned for destruction. The concentration
of organic compounds in a waste as-generated may be reduced to the 500 ppm limit by bona fide treatment that
removes or destroys organic constituents. Blending for dilution to meet the 500 ppm limit is prohibited and
documentation that the waste has not been impermissibly diluted must be retained in the records required by
paragraph (d)(1)(iii) of this section; or
(ii) The hazardous waste has a heating value of 5,000 Btu/lb or more, as-fired, and so is considered to be burned as
fuel. The heating value of a waste as-generated may be reduced to below the 5,000 Btu/lb limit by bona fide
treatment that removes or destroys organic constituents. Blending for dilution to meet the 5,000 Btu/lb limit is
prohibited and documentation that the waste has not been impermissibly diluted must be retained in the records
required by paragraph (d)(1)(iii) of this section.
(3) To be exempt from §§266.102 through 266.111, an owner or operator of a lead or nickel-chromium or mercury
recovery furnace (except for owners or operators of lead recovery furnaces subject to regulation under the Secondary
Lead Smelting NESHAP) or a metal recovery furnace that burns baghouse bags used to capture metallic dusts
emitted by steel manufacturing, must provide a one-time written notice to the Director identifying each hazardous
waste burned and specifying whether the owner or operator claims an exemption for each waste under this
paragraph or paragraph (d)(1) of this section. The owners or operator must comply with the requirements of
paragraph (d)(1) of this section for those wastes claimed to be exempt under that paragraph and must comply with
the requirements below for those wastes claimed to be exempt under this paragraph (d)(3).
(i) The hazardous wastes listed in appendices XI, XII, and XIII, part 266, and baghouse bags used to capture metallic
dusts emitted by steel manufacturing are exempt from the requirements of paragraph (d)(1) of this section, provided
that:
(A) A waste listed in appendix XI of this part must contain recoverable levels of lead, a waste listed in appendix XII of
this part must contain recoverable levels of nickel or chromium, a waste listed in appendix XIII of this part must
contain recoverable levels of mercury and contain less than 500 ppm of 40 CFR part 261, appendix VIII organic
constituents, and baghouse bags used to capture metallic dusts emitted by steel manufacturing must contain
recoverable levels of metal; and
(B) The waste does not exhibit the Toxicity Characteristic of §261.24 of this chapter for an organic constituent; and
(C) The waste is not a hazardous waste listed in subpart D of part 261 of this chapter because it is listed for an
organic constituent as identified in appendix VII of part 261 of this chapter; and
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(D) The owner or operator certifies in the one-time notice that hazardous waste is burned under the provisions of
paragraph (d)(3) of this section and that sampling and analysis will be conducted or other information will be obtained
as necessary to ensure continued compliance with these requirements. Sampling and analysis shall be conducted
according to paragraph (d)(1)(ii) of this section and records to document compliance with paragraph (d)(3) of this
section shall be kept for at least three years.
(ii) The Director may decide on a case-by-case basis that the toxic organic constituents in a material listed in
appendix XI, XII, or XI11 of this part that contains a total concentration of more than 500 ppm toxic organic compounds
listed in appendix VIII, part 261 of this chapter, may pose a hazard to human health and the environment when
burned in a metal recovery furnace exempt from the requirements of this subpart. In that situation, after adequate
notice and opportunity for comment, the metal recovery furnace will become subject to the requirements of this
subpart when burning that material. In making the hazard determination, the Director will consider the following
factors:
(A) The concentration and toxicity of organic constituents in the material; and
(B) The level of destruction of toxic organic constituents provided by the furnace; and
(C) Whether the acceptable ambient levels established in appendices IV orV of this part may be exceeded for any
toxic organic compound that may be emitted based on dispersion modeling to predict the maximum annual average
off-site ground level concentration.
(e) The standards for direct transfer operations under §266.111 apply only to facilities subject to the permit standards
of §266.102 or the interim status standards of §266.103.
(f) The management standards for residues under §266.112 apply to any boiler or industrial furnace burning
hazardous waste.
(g) Owners and operators of smelting, melting, and refining furnaces (including pyrometallurgical devices such as
cupolas, sintering machines, roasters, and foundry furnaces) that process hazardous waste for recovery of
economically significant amounts of the precious metals gold, silver, platinum, palladium, iridium, osmium, rhodium,
or ruthenium, or any combination of these are conditionally exempt from regulation under this subpart, except for
§266.112. To be exempt from §§266.101 through 266.111, an owner or operator must:
(1) Provide a one-time written notice to the Director indicating the following:
(i) The owner or operator claims exemption under this paragraph;
(ii) The hazardous waste is burned for legitimate recovery of precious metal; and
(iii) The owner or operator will comply with the sampling and analysis and recordkeeping requirements of this
paragraph; and
(2) Sample and analyze the hazardous waste as necessary to document that the waste contains economically
significant amounts of the metals and that the treatment recovers economically significant amounts of precious metal;
and
(3) Maintain at the facility for at least three years records to document that all hazardous wastes burned are burned
for recovery of economically significant amounts of precious metal.
(h) Starting June 23, 1997, owners or operators of lead recovery furnaces that process hazardous waste for recovery
of lead and that are subject to regulation under the Secondary Lead Smelting NESHAP, are conditionally exempt
from regulation under this subpart, except for §266.101. To be exempt, an owner or operator must provide a one-time
notice to the Director identifying each hazardous waste burned and specifying that the owner or operator claims an
exemption under this paragraph. The notice also must state that the waste burned has a total concentration of non-
metal compounds listed in part 261, appendix VIII, of this chapter of less than 500 ppm by weight, as fired and as
provided in paragraph (d)(2)(i) of this section, or is listed in appendix XI to this part 266.
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[56 FR 7208, Feb. 21, 1991]
Editorial note: For Federal Register citations affecting §266.100, see the List of CFR Sections Affected, which
appears in the Finding Aids section of the printed volume and atvwvw.fdsys.gov.
§ 266.101 Management prior to burning.
(a) Generators. Generators of hazardous waste that is burned in a boiler or industrial furnace are subject to part 262
of this chapter.
(b) Transporters. Transporters of hazardous waste that is burned in a boiler or industrial furnace are subject to part
263 of this chapter.
(c) Storage and treatment facilities. (1) Owners and operators of facilities that store or treat hazardous waste that is
burned in a boiler or industrial furnace are subject to the applicable provisions of parts 264, 265, 267 and 270 of this
chapter, except as provided by paragraph (c)(2) of this section. These standards apply to storage and treatment by
the burner as well as to storage and treatment facilities operated by intermediaries (processors, blenders, distributors,
efc. ) between the generator and the burner.
(2) Owners and operators of facilities that burn, in an onsite boiler or industrial furnace exempt from regulation under
the small quantity burner provisions of §266.108, hazardous waste that they generate are exempt from the
regulations of parts 264, 265, 267 and 270 of this chapter applicable to storage units for those storage units that store
mixtures of hazardous waste and the primary fuel to the boiler or industrial furnace in tanks that feed the fuel mixture
directly to the burner. Storage of hazardous waste prior to mixing with the primary fuel is subject to regulation as
prescribed in paragraph (c)(1) of this section.
[56 FR 7208, Feb. 21, 1991, as amended at 57 FR 38564, Aug. 25, 1992; 64 FR 53075, Sept. 30, 1999; 75 FR
13007, Mar. 18,2010]
§ 266.102 Permit standards for burners.
(a) Applicability—(1) General. Owners and operators of boilers and industrial furnaces burning hazardous waste and
not operating under interim status must comply with the requirements of this section and §§270.22 and 270.66 of this
chapter, unless exempt under the small quantity burner exemption of §266.108.
(2) Applicability of part 264 standards. Owners and operators of boilers and industrial furnaces that burn hazardous
waste are subject to the following provisions of part 264 of this chapter, except as provided otherwise by this subpart:
(i) In subpart A (General), 264.4;
(ii) In subpart B (General facility standards), §§264.11-264.18;
(iii) In subpart C (Preparedness and prevention), §§264.31-264.37;
(iv) In subpart D (Contingency plan and emergency procedures), §§264.51-264.56;
(v) In subpart E (Manifest system, recordkeeping, and reporting), the applicable provisions of §§264.71-264.77;
(vi) In subpart F (Releases from Solid Waste Management Units), §§264.90 and 264.101;
(vii) In subpart G (Closure and post-closure), §§264.111-264.115;
(viii) In subpart H (Financial requirements), §§264.141, 264.142, 264.143, and 264.147-264.151, except that States
and the Federal government are exempt from the requirements of subpart H; and
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(ix) Subpart BB (Air emission standards for equipment leaks), except §§264.1050(a).
(b) Hazardous waste analysis. (1) The owner or operator must provide an analysis of the hazardous waste that
quantifies the concentration of any constituent identified in appendix VIII of part 261 of this chapterthat may
reasonably be expected to be in the waste. Such constituents must be identified and quantified if present, at levels
detectable by using appropriate analytical procedures. The appendix VIII, part 261 constituents excluded from this
analysis must be identified and the basis for their exclusion explained. This analysis will be used to provide all
information required by this subpart and §§270.22 and 270.66 of this chapter and to enable the permit writer to
prescribe such permit conditions as necessary to protect human health and the environment. Such analysis must be
included as a portion of the part B permit application, or, for facilities operating under the interim status standards of
this subpart, as a portion of the trial burn plan that may be submitted before the part B application under provisions of
§270.66(g) of this chapter as well as any other analysis required by the permit authority in preparing the permit.
Owners and operators of boilers and industrial furnaces not operating under the interim status standards must
provide the information required by §§270.22 or 270.66(c) of this chapter in the part B application to the greatest
extent possible.
(2) Throughout normal operation, the owner or operator must conduct sampling and analysis as necessary to ensure
that the hazardous waste, other fuels, and industrial furnace feedstocks fired into the boiler or industrial furnace are
within the physical and chemical composition limits specified in the permit.
(c) Emissions standards. Owners and operators must comply with emissions standards provided by §§266.104
through 266.107.
(d) Permits. (1) The owner or operator may burn only hazardous wastes specified in the facility permit and only under
the operating conditions specified under paragraph (e) of this section, except in approved trial burns under the
conditions specified in §270.66 of this chapter.
(2) Hazardous wastes not specified in the permit may not be burned until operating conditions have been specified
under a new permit or permit modification, as applicable. Operating requirements for new wastes may be based on
either trial burn results or alternative data included with part B of a permit application under §270.22 of this chapter.
(3) Boilers and industrial furnaces operating under the interim status standards of §266.103 are permitted under
procedures provided by §270.66(g) of this chapter.
(4) A permit for a new boiler or industrial furnace (those boilers and industrial furnaces not operating under the interim
status standards) must establish appropriate conditions for each of the applicable requirements of this section,
including but not limited to allowable hazardous waste firing rates and operating conditions necessary to meet the
requirements of paragraph (e) of this section, in order to comply with the following standards:
(i) For the period beginning with initial introduction of hazardous waste and ending with initiation of the trial burn, and
only for the minimum time required to bring the device to a point of operational readiness to conduct a trial burn, not
to exceed a duration of 720 hours operating time when burning hazardous waste, the operating requirements must be
those most likely to ensure compliance with the emission standards of §§266.104 through 266.107, based on the
Director's engineering judgment. If the applicant is seeking a waiver from a trial burn to demonstrate conformance
with a particular emission standard, the operating requirements during this initial period of operation shall include
those specified by the applicable provisions of §266.104, §266.105, §266.106, or §266.107. The Director may extend
the duration of this period for up to 720 additional hours when good cause for the extension is demonstrated by the
applicant.
(ii) For the duration of the trial burn, the operating requirements must be sufficient to demonstrate compliance with the
emissions standards of §§266.104 through 266.107 and must be in accordance with the approved trial burn plan;
(iii) Forthe period immediately following completion ofthe trial burn, and only for the minimum period sufficient to
allow sample analysis, data computation, submission of the trial burn results by the applicant, review of the trial burn
results and modification of the facility permit by the Director to reflect the trial burn results, the operating requirements
must be those most likely to ensure compliance with the emission standards §§266.104 through 266.107 based on
the Director's engineering judgment.
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(iv) For the remaining duration of the permit, the operating requirements must be those demonstrated in a trial burn or
by alternative data specified in §270.22 of this chapter, as sufficient to ensure compliance with the emissions
standards of §§266.104 through 266.107.
(e) Operating requirements —(1) General. A boiler or industrial furnace burning hazardous waste must be operated in
accordance with the operating requirements specified in the permit at all times where there is hazardous waste in the
unit.
(2) Requirements to ensure compliance with the organic emissions standards —(i) ORE standard. Operating
conditions will be specified either on a case-by-case basis for each hazardous waste burned as those demonstrated
(in a trial burn or by alternative data as specified in §270.22) to be sufficient to comply with the destruction and
removal efficiency (ORE) performance standard of §266.104(a) or as those special operating requirements provided
by §266.104(a)(4) for the waiver of the ORE trial burn. When the ORE trial burn is not waived under §266.104(a)(4),
each set of operating requirements will specify the composition of the hazardous waste (including acceptable
variations in the physical and chemical properties of the hazardous waste which will not affect compliance with the
ORE performance standard) to which the operating requirements apply. For each such hazardous waste, the permit
will specify acceptable operating limits including, but not limited to, the following conditions as appropriate:
(A) Feed rate of hazardous waste and other fuels measured and specified as prescribed in paragraph (e)(6) of this
section;
(B) Minimum and maximum device production rate when producing normal product expressed in appropriate units,
measured and specified as prescribed in paragraph (e)(6) of this section;
(C) Appropriate controls of the hazardous waste firing system;
(D) Allowable variation in boiler and industrial furnace system design or operating procedures;
(E) Minimum combustion gas temperature measured at a location indicative of combustion chamber temperature,
measured and specified as prescribed in paragraph (e)(6) of this section;
(F) An appropriate indicator of combustion gas velocity, measured and specified as prescribed in paragraph (e)(6) of
this section, unless documentation is provided under §270.66 of this chapter demonstrating adequate combustion
gas residence time; and
(G) Such other operating requirements as are necessary to ensure that the ORE performance standard of
§266.104(a) is met.
(ii) Carbon monoxide and hydrocarbon standards. The permit must incorporate a carbon monoxide (CO) limit and, as
appropriate, a hydrocarbon (HC) limit as provided by paragraphs (b), (c), (d), (e) and (f) of §266.104. The permit limits
will be specified as follows:
(A) When complying with the CO standard of §266.104(b)(1), the permit limit is 100 ppmv;
(B) When complying with the alternative CO standard under §266.104(c), the permit limit for CO is based on the trial
burn and is established as the average overall valid runs of the highest hourly rolling average CO level of each run,
and the permit limit for HC is 20 ppmv (as defined in §266.104(c)(1)), except as provided in §266.104(f).
(C) When complying with the alternative HC limit for industrial furnaces under §266.104(f), the permit limit for HC and
CO is the baseline level when hazardous waste is not burned as specified by that paragraph.
(iii) Start-up and shut-down. During start-up and shut-down of the boiler or industrial furnace, hazardous waste
(except waste fed solely as an ingredient under the Tier I (or adjusted Tier I) feed rate screening limits for metals and
chloride/chlorine, and except low risk waste exempt from the trial burn requirements under §§266.104(a)(5), 266.105,
266.106, and 266.107) must not be fed into the device unless the device is operating within the conditions of
operation specified in the permit.
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(3) Requirements to ensure conformance with the particulate standard, (i) Except as provided in paragraphs (e)(3) (ii)
and (iii) of this section, the permit shall specify the following operating requirements to ensure conformance with the
particulate standard specified in §266.105:
(A) Total ash feed rate to the device from hazardous waste, other fuels, and industrial furnace feedstocks, measured
and specified as prescribed in paragraph (e)(6) of this section;
(B) Maximum device production rate when producing normal product expressed in appropriate units, and measured
and specified as prescribed in paragraph (e)(6) of this section;
(C) Appropriate controls on operation and maintenance of the hazardous waste firing system and any air pollution
control system;
(D) Allowable variation in boiler and industrial furnace system design including any air pollution control system or
operating procedures; and
(E) Such other operating requirements as are necessary to ensure that the particulate standard in §266.105(a) is met.
(ii) Permit conditions to ensure conformance with the particulate matter standard shall not be provided for facilities
exempt from the particulate matter standard under §266.105(b);
(iii) For cement kilns and light-weight aggregate kilns, permit conditions to ensure compliance with the particulate
standard shall not limit the ash content of hazardous waste or other feed materials.
(4) Requirements to ensure conformance with the metals emissions standard, (i) For conformance with the Tier I (or
adjusted Tier I) metals feed rate screening limits of paragraphs (b) or (e) of §266.106, the permit shall specify the
following operating requirements:
(A) Total feed rate of each metal in hazardous waste, other fuels, and industrial furnace feedstocks measured and
specified under provisions of paragraph (e)(6) of this section;
(B) Total feed rate of hazardous waste measured and specified as prescribed in paragraph (e)(6) of this section;
(C) A sampling and metals analysis program for the hazardous waste, other fuels, and industrial furnace feedstocks;
(ii) For conformance with the Tier II metals emission rate screening limits under §266.106(c) and the Tier III metals
controls under §266.106(d), the permit shall specify the following operating requirements:
(A) Maximum emission rate for each metal specified as the average emission rate during the trial burn;
(B) Feed rate of total hazardous waste and pumpable hazardous waste, each measured and specified as prescribed
in paragraph (e)(6)(i) of this section;
(C) Feed rate of each metal in the following feedstreams, measured and specified as prescribed in paragraphs (e)(6)
of this section:
( 1 ) Total feedstreams;
( 2 ) Total hazardous waste feed; and
( 3 ) Total pumpable hazardous waste feed;
(D) Total feed rate of chlorine and chloride in total feedstreams measured and specified as prescribed in paragraph
(e)(6) of this section;
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(E) Maximum combustion gas temperature measured at a location indicative of combustion chamber temperature,
and measured and specified as prescribed in paragraph (e)(6) of this section;
(F) Maximum flue gas temperature at the inlet to the particulate matter air pollution control system measured and
specified as prescribed in paragraph (e)(6) of this section;
(G) Maximum device production rate when producing normal product expressed in appropriate units and measured
and specified as prescribed in paragraph (e)(6) of this section;
(H) Appropriate controls on operation and maintenance of the hazardous waste firing system and any air pollution
control system;
(I) Allowable variation in boiler and industrial furnace system design including any air pollution control system or
operating procedures; and
(J) Such other operating requirements as are necessary to ensure that the metals standards under §§266.106(c) or
266.106(d) are met.
(iii) For conformance with an alternative implementation approach approved by the Director under §266.106(f), the
permit will specify the following operating requirements:
(A) Maximum emission rate for each metal specified as the average emission rate during the trial burn;
(B) Feed rate of total hazardous waste and pumpable hazardous waste, each measured and specified as prescribed
in paragraph (e)(6)(i) of this section;
(C) Feed rate of each metal in the following feedstreams, measured and specified as prescribed in paragraph (e)(6)
of this section:
( 1 ) Total hazardous waste feed; and
( 2 ) Total pumpable hazardous waste feed;
(D) Total feed rate of chlorine and chloride in total feedstreams measured and specified prescribed in paragraph
(e)(6) of this section;
(E) Maximum combustion gas temperature measured at a location indicative of combustion chamber temperature,
and measured and specified as prescribed in paragraph (e)(6) of this section;
(F) Maximum flue gas temperature at the inlet to the particulate matter air pollution control system measured and
specified as prescribed in paragraph (e)(6) of this section;
(G) Maximum device production rate when producing normal product expressed in appropriate units and measured
and specified as prescribed in paragraph (e)(6) of this section;
(H) Appropriate controls on operation and maintenance of the hazardous waste firing system and any air pollution
control system;
(I) Allowable variation in boiler and industrial furnace system design including any air pollution control system or
operating procedures; and
(J) Such other operating requirements as are necessary to ensure that the metals standards under §§266.106(c) or
266.106(d) are met.
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(5) Requirements to ensure conformance with the hydrogen chloride and chlorine gas standards, (i) For conformance
with the Tier I total chloride and chlorine feed rate screening limits of §266.107(b)(1), the permit will specify the
following operating requirements:
(A) Feed rate of total chloride and chlorine in hazardous waste, other fuels, and industrial furnace feedstocks
measured and specified as prescribed in paragraph (e)(6) of this section;
(B) Feed rate of total hazardous waste measured and specified as prescribed in paragraph (e)(6) of this section;
(C) A sampling and analysis program for total chloride and chlorine for the hazardous waste, other fuels, and
industrial furnace feedstocks;
(ii) For conformance with the Tier II HCI and Cbemission rate screening limits under §266.107(b)(2) and the Tier III
HCI and Decontrols under §266.107(c), the permit will specify the following operating requirements:
(A ) Maximum emission rate for HCI and for C^specified as the average emission rate during the trial burn;
(B) Feed rate of total hazardous waste measured and specified as prescribed in paragraph (e)(6) of this section;
(C) Total feed rate of chlorine and chloride in total feedstreams, measured and specified as prescribed in paragraph
(e)(6) of this section;
(D) Maximum device production rate when producing normal product expressed in appropriate units, measured and
specified as prescribed in paragraph (e)(6) of this section;
(E) Appropriate controls on operation and maintenance of the hazardous waste firing system and any air pollution
control system;
(F) Allowable variation in boiler and industrial furnace system design including any air pollution control system or
operating procedures; and
(G) Such other operating requirements as are necessary to ensure that the HCI and CI2standards under §266.107
(b)(2) or (c) are met.
(6) Measuring parameters and establishing limits based on trial burn data —(i) General requirements. As specified in
paragraphs (e)(2) through (e)(5) of this section, each operating parameter shall be measured, and permit limits on the
parameter shall be established, according to either of the following procedures:
(A) Instantaneous limits. A parameter may be measured and recorded on an instantaneous basis (i.e., the value that
occurs at any time) and the permit limit specified as the time-weighted average during all valid runs of the trial burn;
or
(B) Hourly rolling average. ( 1) The limit for a parameter may be established and continuously monitored on an
hourly rolling average basis defined as follows:
(/) A continuous monitor is one which continuously samples the regulated parameter without interruption, and
evaluates the detector response at least once each 15 seconds, and computes and records the average value at
least every 60 seconds.
(//) An hourly rolling average is the arithmetic mean of the 60 most recent 1-minute average values recorded by the
continuous monitoring system.
( 2 ) The permit limit for the parameter shall be established based on trial burn data as the average over all valid test
runs of the highest hourly rolling average value for each run.
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(ii) Rolling average limits for carcinogenic metals and lead. Feed rate limits for the carcinogenic metals (i.e., arsenic,
beryllium, cadmium and chromium) and lead may be established either on an hourly rolling average basis as
prescribed by paragraph (e)(6)(i) of this section or on (up to) a 24 hour rolling average basis. If the owner or operator
elects to use an average period from 2 to 24 hours:
(A) The feed rate of each metal shall be limited at any time to ten times the feed rate that would be allowed on an
hourly rolling average basis;
(B) The continuous monitor shall meet the following specifications:
( 1 ) A continuous monitor is one which continuously samples the regulated parameter without interruption, and
evaluates the detector response at least once each 15 seconds, and computes and records the average value at
least every 60 seconds.
( 2 ) The rolling average for the selected averaging period is defined as the arithmetic mean of one hour block
averages for the averaging period. A one hour block average is the arithmetic mean of the one minute averages
recorded during the 60-minute period beginning at one minute after the beginning of the preceding clock hour; and
(C) The permit limit for the feed rate of each metal shall be established based on trial burn data as the average over
all valid test runs of the highest hourly rolling average feed rate for each run.
(iii) Feed rate limits for metals, total chloride and chlorine, and ash. Feed rate limits for metals, total chlorine and
chloride, and ash are established and monitored by knowing the concentration of the substance (i.e., metals,
chloride/chlorine, and ash) in each feedstream and the flow rate of the feedstream. To monitor the feed rate of these
substances, the flow rate of each feedstream must be monitored under the continuous monitoring requirements of
paragraphs (e)(6) (i) and (ii) of this section.
(iv) Conduct of trial burn testing. (A) If compliance with all applicable emissions standards of §§266.104 through
266.107 is not demonstrated simultaneously during a set of test runs, the operating conditions of additional test runs
required to demonstrate compliance with remaining emissions standards must be as close as possible to the original
operating conditions.
(B) Prior to obtaining test data for purposes of demonstrating compliance with the emissions standards of §§266.104
through 266.107 or establishing limits on operating parameters under this section, the facility must operate under trial
burn conditions for a sufficient period to reach steady-state operations. The Director may determine, however, that
industrial furnaces that recycle collected particulate matter back into the furnace and that comply with an alternative
implementation approach for metals under §266.106(f) need not reach steady state conditions with respect to the flow
of metals in the system prior to beginning compliance testing for metals emissions.
(C) Trial burn data on the level of an operating parameter for which a limit must be established in the permit must be
obtained during emissions sampling for the pollutant(s) (i.e., metals, PM, HCI/CI2, organic compounds) for which the
parameter must be established as specified by paragraph (e) of this section.
(7) General requirements —(i) Fugitive emissions. Fugitive emissions must be controlled by:
(A) Keeping the combustion zone totally sealed against fugitive emissions; or
(B) Maintaining the combustion zone pressure lower than atmospheric pressure; or
(C) An alternate means of control demonstrated (with part B of the permit application) to provide fugitive emissions
control equivalent to maintenance of combustion zone pressure lower than atmospheric pressure.
(ii) Automatic waste feed cutoff. A boiler or industrial furnace must be operated with a functioning system that
automatically cuts off the hazardous waste feed when operating conditions deviate from those established under this
section. The Director may limit the number of cutoffs per an operating period on a case-by-case basis. In addition:
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(A) The permit limit for (the indicator of) minimum combustion chamber temperature must be maintained while
hazardous waste or hazardous waste residues remain in the combustion chamber,
(B) Exhaust gases must be ducted to the air pollution control system operated in accordance with the permit
requirements while hazardous waste or hazardous waste residues remain in the combustion chamber; and
(C) Operating parameters for which permit limits are established must continue to be monitored during the cutoff, and
the hazardous waste feed shall not be restarted until the levels of those parameters comply with the permit limits. For
parameters that may be monitored on an instantaneous basis, the Director will establish a minimum period of time
after a waste feed cutoff during which the parameter must not exceed the permit limit before the hazardous waste
feed may be restarted.
(iii) Changes. A boiler or industrial furnace must cease burning hazardous waste when changes in combustion
properties, or feed rates of the hazardous waste, other fuels, or industrial furnace feedstocks, or changes in the boiler
or industrial furnace design or operating conditions deviate from the limits as specified in the permit.
(8) Monitoring and Inspections, (i) The owner or operator must monitor and record the following, at a minimum, while
burning hazardous waste:
(A) If specified by the permit, feed rates and composition of hazardous waste, other fuels, and industrial furnace
feedstocks, and feed rates of ash, metals, and total chloride and chlorine;
(B) If specified by the permit, carbon monoxide (CO), hydrocarbons (HC), and oxygen on a continuous basis at a
common point in the boiler or industrial furnace downstream of the combustion zone and prior to release of stack
gases to the atmosphere in accordance with operating requirements specified in paragraph (e)(2)(ii) of this section.
CO, HC, and oxygen monitors must be installed, operated, and maintained in accordance with methods specified in
appendix IX of this part.
(C) Upon the request of the Director, sampling and analysis of the hazardous waste (and other fuels and industrial
furnace feedstocks as appropriate), residues, and exhaust emissions must be conducted to verify that the operating
requirements established in the permit achieve the applicable standards of §§266.104, 266.105, 266.106, and
266.107.
(ii) All monitors shall record data in units corresponding to the permit limit unless otherwise specified in the permit.
(iii) The boiler or industrial furnace and associated equipment (pumps, valves, pipes, fuel storage tanks, etc.) must be
subjected to thorough visual inspection when it contains hazardous waste, at least daily for leaks, spills, fugitive
emissions, and signs of tampering.
(iv) The automatic hazardous waste feed cutoff system and associated alarms must be tested at least once every 7
days when hazardous waste is burned to verify operability, unless the applicant demonstrates to the Director that
weekly inspections will unduly restrict or upset operations and that less frequent inspections will be adequate. At a
minimum, operational testing must be conducted at least once every 30 days.
(v) These monitoring and inspection data must be recorded and the records must be placed in the operating record
required by §264.73 of this chapter.
(9) Direct transfer to the burner. If hazardous waste is directly transferred from a transport vehicle to a boiler or
industrial furnace without the use of a storage unit, the owner and operator must comply with §266.111.
(10) Recordkeeping. The owner or operator must maintain in the operating record of the facility all information and
data required by this section for five years.
(11) 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 boiler or industrial furnace.
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[56 FR 7208, Feb. 21, 1991; 56 FR 32688, July 17, 1991, as amended at 56 FR 42512, 42514, Aug. 27, 1991; 70 FR
34588, June 14, 2005; 71 FR 16913, Apr. 4, 2006; 71 FR 40277, July 14, 2006]
§ 266.103 Interim status standards for burners.
(a) Purpose, scope, applicability—(1) General, (i) The purpose of this section is to establish minimum national
standards for owners and operators of "existing" boilers and industrial furnaces that burn hazardous waste where
such standards define the acceptable management of hazardous waste during the period of interim status. The
standards of this section apply to owners and operators of existing facilities until either a permit is issued under
§266.102(d) or until closure responsibilities identified in this section are fulfilled.
(ii) Existing or in existence means a boiler or industrial furnace that on or before August 21, 1991 is either in operation
burning or processing hazardous waste or for which construction (including the ancillary facilities to burn or to
process the hazardous waste) has commenced. A facility has commenced construction if the owner or operator has
obtained the Federal, State, and local approvals or permits necessary to begin physical construction; and either:
(A) A continuous on-site, physical construction program has begun; or
(B) The owner or operator has entered into contractual obligations—which cannot be canceled or modified without
substantial loss—for physical construction of the facility to be completed within a reasonable time.
(iii) If a boiler or industrial furnace is located at a facility that already has a permit or interim status, then the facility
must comply with the applicable regulations dealing with permit modifications in §270.42 or changes in interim status
in §270.72 of this chapter.
(2) Exemptions. The requirements of this section do not apply to hazardous waste and facilities exempt under
§§266.100(b), or 266.108.
(3) Prohibition on burning dioxin-listed wastes. The following hazardous waste listed for dioxin and hazardous waste
derived from any of these wastes may not be burned in a boiler or industrial furnace operating under interim status:
F020, F021, F022, F023, F026, and F027.
(4) Applicability of part 265 standards. Owners and operators of boilers and industrial furnaces that burn hazardous
waste and are operating under interim status are subject to the following provisions of part 265 of this chapter, except
as provided otherwise by this section:
(i) In subpart A (General), §265.4;
(ii) In subpart B (General facility standards), §§265.11-265.17;
(iii) In subpart C (Preparedness and prevention), §§265.31-265.37;
(iv) In subpart D (Contingency plan and emergency procedures), §§265.51-265.56;
(v) In subpart E (Manifest system, recordkeeping, and reporting), §§265.71-265.77, except that §§265.71, 265.72,
and 265.76 do not apply to owners and operators of on-site facilities that do not receive any hazardous waste from
off-site sources;
(vi) In subpart G (Closure and post-closure), §§265.111-265.115;
(vii) In subpart H (Financial requirements), §§265.141, 265.142, 265.143, and 265.147-265.150, except that States
and the Federal government are exempt from the requirements of subpart H; and
(viii) Subpart BB (Air emission standards for equipment leaks), except §265.1050(a).
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(5) Special requirements for furnaces. The following controls apply during interim status to industrial furnaces (e.g.,
kilns, cupolas) that feed hazardous waste for a purpose other than solely as an ingredient (see paragraph (a)(5)(ii) of
this section) at any location other than the hot end where products are normally discharged or where fuels are
normally fired:
(i) Controls. (A) The hazardous waste shall be fed at a location where combustion gas temperatures are at least 1800
(B) The owner or operator must determine that adequate oxygen is present in combustion gases to combust organic
constituents in the waste and retain documentation of such determination in the facility record;
(C) For cement kiln systems, the hazardous waste shall be fed into the kiln; and
(D) The hydrocarbon controls of §266.1 04(c) or paragraph (c)(5) of this section apply upon certification of compliance
under paragraph (c) of this section irrespective of the CO level achieved during the compliance test.
(ii) Burning hazardous waste solely as an ingredient. A hazardous waste is burned for a purpose other than solely as
an ingredient if it meets either of these criteria:
(A) The hazardous waste has a total concentration of nonmetal compounds listed in part 261, appendix VIII, of this
chapter exceeding 500 ppm by weight, as-fired, and so is considered to be burned for destruction. The concentration
of nonmetal compounds in a waste as-generated may be reduced to the 500 ppm limit by bona fide treatment that
removes or destroys nonmetal constituents. Blending for dilution to meet the 500 ppm limit is prohibited and
documentation that the waste has not been impermissibly diluted must be retained in the facility record; or
(B) The hazardous waste has a heating value of 5,000 Btu/lb or more, as-fired, and so is considered to be burned as
fuel. The heating value of a waste as-generated may be reduced to below the 5,000 Btu/lb limit by bona fide
treatment that removes or destroys organic constituents. Blending to augment the heating value to meet the 5,000
Btu/lb limit is prohibited and documentation that the waste has not been impermissibly blended must be retained in
the facility record.
(6) Restrictions on burning hazardous waste that is not a fuel. Prior to certification of compliance under paragraph (c)
of this section, owners and operators shall not feed hazardous waste that has a heating value less than 5,000 Btu/lb,
as-generated, (except that the heating value of a waste as-generated may be increased to above the 5,000 Btu/lb
limit by bona fide treatment; however, blending to augment the heating value to meet the 5,000 Btu/lb limit is
prohibited and records must be kept to document that impermissible blending has not occurred) in a boiler or
industrial furnace, except that:
(i) Hazardous waste may be burned solely as an ingredient; or
(ii) Hazardous waste may be burned for purposes of compliance testing (or testing prior to compliance testing) for a
total period of time not to exceed 720 hours; or
(iii) Such waste may be burned if the Director has documentation to show that, prior to August 21, 1991:
(A) The boiler or industrial furnace is operating under the interim status standards for incinerators provided by subpart
O of part 265 of this chapter, or the interim status standards for thermal treatment units provided by subpart P of part
265 of this chapter; and
(B) The boiler or industrial furnace met the interim status eligibility requirements under §270.70 of this chapter for
subpart O or subpart P of part 265 of this chapter; and
(C) Hazardous waste with a heating value less than 5,000 Btu/lb was burned prior to that date; or
(iv) Such waste may be burned in a halogen acid furnace if the waste was burned as an excluded ingredient under
§261 .2(e) of this chapter prior to February 21,1 991 and documentation is kept on file supporting this claim.
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(7) Direct transfer to the burner. If hazardous waste is directly transferred from a transport vehicle to a boiler or
industrial furnace without the use of a storage unit, the owner and operator must comply with §266.111.
(b) Certification of precompliance —(1) General. The owner or operator must provide complete and accurate
information specified in paragraph (b)(2) of this section to the Director on or before August 21, 1991, and must
establish limits for the operating parameters specified in paragraph (b)(3) of this section. Such information is termed a
"certification of precompliance" and constitutes a certification that the owner or operator has determined that, when
the facility is operated within the limits specified in paragraph (b)(3) of this section, the owner or operator believes
that, using best engineering judgment, emissions of particulate matter, metals, and HCI and CI2are not likely to
exceed the limits provided by §§266.105, 266.106, and 266.107. The facility may burn hazardous waste only under
the operating conditions that the owner or operator establishes under paragraph (b)(3) of this section until the owner
or operator submits a revised certification of precompliance under paragraph (b)(8) of this section or a certification of
compliance under paragraph (c) of this section, or until a permit is issued.
(2) Information required. The following information must be submitted with the certification of precompliance to
support the determination that the limits established for the operating parameters identified in paragraph (b)(3) of this
section are not likely to result in an exceedance of the allowable emission rates for particulate matter, metals, and
HCI and CI2.
(i) General facility information:
(A) EPA facility ID number;
(B) Facility name, contact person, telephone number, and address;
(C) Description of boilers and industrial furnaces burning hazardous waste, including type and capacity of device;
(D) A scaled plot plan showing the entire facility and location of the boilers and industrial furnaces burning hazardous
waste; and
(E) A description of the air pollution control system on each device burning hazardous waste, including the
temperature of the flue gas at the inlet to the particulate matter control system.
(ii) Except for facilities complying with the Tier I or Adjusted Tier I feed rate screening limits for metals or total chlorine
and chloride provided by §§266.106 (b) or(e) and 266.107 (b)(1) or(e), respectively, the estimated uncontrolled (at
the inlet to the air pollution control system) emissions of particulate matter, each metal controlled by §266.106, and
hydrogen chloride and chlorine, and the following information to support such determinations:
(A) The feed rate (Ib/hr) of ash, chlorine, antimony, arsenic, barium, beryllium, cadmium, chromium, lead, mercury,
silver, and thallium in each feedstream (hazardous waste, other fuels, industrial furnace feedstocks);
(B) The estimated partitioning factor to the combustion gas for the materials identified in paragraph (b)(2)(ii)(A) of this
section and the basis for the estimate and an estimate of the partitioning to HCI and C^of total chloride and chlorine
in feed materials. To estimate the partitioning factor, the owner or operator must use either best engineering
judgment or the procedures specified in appendix IX of this part.
(C) For industrial furnaces that recycle collected particulate matter (PM) back into the furnace and that will certify
compliance with the metals emissions standards under paragraph (c)(3)(ii)(A), the estimated enrichment factor for
each metal. To estimate the enrichment factor, the owner or operator must use either best engineering judgment or
the procedures specified in "Alternative Methodology for Implementing Metals Controls" in appendix IX of this part.
(D) If best engineering judgment is used to estimate partitioning factors or enrichment factors under paragraphs
(b)(2)(ii)(B) or (b)(2)(ii)(C) respectively, the basis for the judgment. When best engineering judgment is used to
develop or evaluate data or information and make determinations under this section, the determinations must be
made by a qualified, registered professional engineer and a certification of his/her determinations in accordance with
§270.11(d) of this chapter must be provided in the certification of precompliance.
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(iii) For facilities complying with the Tier I or Adjusted Tier I feed rate screening limits for metals or total chlorine and
chloride provided by §§266.106 (b) or(e) and 266.107 (b)(1)or(e), the feed rate (Ib/hr) of total chloride and chlorine,
antimony, arsenic, barium, beryllium, cadmium, chromium, lead, mercury, silver, and thallium in each feed stream
(hazardous waste, other fuels, industrial furnace feedstocks).
(iv) For facilities complying with the Tier II or Tier III emission limits for metals or HCI and Cl2(under§§266.106 (c) or
(d) or266.107(b)(2) or (c)), the estimated controlled (outlet of the air pollution control system) emissions rates of
particulate matter, each metal controlled by §266.106, and HCI and CI2, and the following information to support such
determinations:
(A) The estimated air pollution control system (ARCS) removal efficiency for particulate matter, HCI, CI2, antimony,
arsenic, barium, beryllium, cadmium, chromium, lead, mercury, silver, and thallium.
(B) To estimate ARCS removal efficiency, the owner or operator must use either best engineering judgment or the
procedures prescribed in appendix IX of this part.
(C) If best engineering judgment is used to estimate ARCS removal efficiency, the basis for the judgment. Use of best
engineering judgment must be in conformance with provisions of paragraph (b)(2)(ii)(D) of this section.
(v) Determination of allowable emissions rates for HCI, CI2, antimony, arsenic, barium, beryllium, cadmium,
chromium, lead, mercury, silver, and thallium, and the following information to support such determinations:
(A) For all facilities:
( •/ ) Physical stack height;
( 2 ) Good engineering practice stack height as defined by 40 CFR 51.100(ii);
( 3 ) Maximum flue gas flow rate;
( 4 ) Maximum flue gas temperature;
( 5 ) Attach a US Geological Service topographic map (or equivalent) showing the facility location and surrounding
land within 5 km of the facility;
( 6 ) Identify terrain type: complex or noncomplex; and
( 7 ) Identify land use: urban or rural.
(B) For owners and operators using Tier III site specific dispersion modeling to determine allowable levels under
§266.106(d) or§266.107(c), or adjusted Tier I feed rate screening limits under §§266.106(e) or266.107(e):
( •/ ) Dispersion model and version used;
( 2 ) Source of meteorological data;
( 3 ) The dilution factor in micrograms per cubic meter per gram per second of emissions for the maximum annual
average off-site (unless on-site is required) ground level concentration (MEI location); and
( 4 ) Indicate the MEI location on the map required under paragraph (b)(2)(v)(A)( 5);
(vi) For facilities complying with the Tier II or III emissions rate controls for metals or HCI and CI2, a comparison of the
estimated controlled emissions rates determined under paragraph (b)(2)(iv) with the allowable emission rates
determined under paragraph (b)(2)(v);
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(vii) For facilities complying with the Tier I (or adjusted Tier I) feed rate screening limits for metals or total chloride and
chlorine, a comparison of actual feed rates of each metal and total chlorine and chloride determined under paragraph
(b)(2)(iii) of this section to the Tier I allowable feed rates; and
(viii) For industrial furnaces that feed hazardous waste for any purpose other than solely as an ingredient (as defined
by paragraph (a)(5)(ii) of this section) at any location other than the product discharge end of the device,
documentation of compliance with the requirements of paragraphs (a)(5)(i) (A), (B), and (C) of this section.
(ix) For industrial furnaces that recycle collected particulate matter (PM) back into the furnace and that will certify
compliance with the metals emissions standards under paragraph (c)(3)(ii)(A) of this section:
(A) The applicable particulate matter standard in Ib/hr; and
(B) The precompliance limit on the concentration of each metal in collected PM.
(3) Limits on operating conditions. The owner and operator shall establish limits on the following parameters
consistent with the determinations made under paragraph (b)(2) of this section and certify (under provisions of
paragraph (b)(9) of this section) to the Director that the facility will operate within the limits during interim status when
there is hazardous waste in the unit until revised certification of precompliance under paragraph (b)(8) of this section
or certification of compliance under paragraph (c) of this section:
(i) Feed rate of total hazardous waste and (unless complying with the Tier I or adjusted Tier I metals feed rate
screening limits under §266.106 (b) or (e)) pumpable hazardous waste;
(ii) Feed rate of each metal in the following feed streams:
(A) Total feed streams, except that industrial furnaces that comply with the alternative metals implementation
approach under paragraph (b)(4) of this section must specify limits on the concentration of each metal in collected
particulate matter in lieu of feed rate limits for total feedstreams;
(B) Total hazardous waste feed, unless complying with the Tier I or Adjusted Tier I metals feed rate screening limits
under§266.106 (b) or(e); and
(C) Total pumpable hazardous waste feed, unless complying with the Tier I or adjusted Tier I metals feed rate
screening limits under §266.106 (b) or (e);
(iii) Total feed rate of chlorine and chloride in total feed streams;
(iv) Total feed rate of ash in total feed streams, except that the ash feed rate for cement kilns and light-weight
aggregate kilns is not limited; and
(v) Maximum production rate of the device in appropriate units when producing normal product, unless complying
with the Tier I or Adjusted Tier I feed rate screening limits for chlorine under §266.107 (b)(1) or (e) and for all metals
under §266.106 (b) or(e), and the uncontrolled particulate emissions do not exceed the standard under §266.105.
(4) Operating requirements for furnaces that recycle PM. Owners and operators of furnaces that recycle collected
particulate matter (PM) back into the furnace and that will certify compliance with the metals emissions controls under
paragraph (c)(3)(ii)(A) of this section must comply with the special operating requirements provided in "Alternative
Methodology for Implementing Metals Controls" in appendix IX of this part.
(5) Measurement of feed rates and production rate —(i) General requirements. Limits on each of the parameters
specified in paragraph (b)(3) of this section (except for limits on metals concentrations in collected particulate matter
(PM) for industrial furnaces that recycle collected PM) shall be established and continuously monitored under either
of the following methods:
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(A) Instantaneous limits. A limit for a parameter may be established and continuously monitored and recorded on an
instantaneous basis (i.e., the value that occurs at any time) not to be exceeded at any time; or
(B) Hourly rolling average limits. A limit for a parameter may be established and continuously monitored on an hourly
rolling average basis defined as follows:
( 1 ) A continuous monitor is one which continuously samples the regulated parameter without interruption, and
evaluates the detector response at least once each 15 seconds, and computes and records the average value at
least every 60 seconds.
( 2 ) An hourly rolling average is the arithmetic mean of the 60 most recent 1 -minute average values recorded by the
continuous monitoring system.
(ii) Rolling average limits for carcinogenic metals and lead. Feed rate limits for the carcinogenic metals (arsenic,
beryllium, cadmium, and chromium) and lead may be established either on an hourly rolling average basis as
prescribed by paragraph (b)(5)(i)(B) or on (up to) a 24 hour rolling average basis. If the owner or operator elects to
use an averaging period from 2 to 24 hours:
(A) The feed rate of each metal shall be limited at any time to ten times the feed rate that would be allowed on an
hourly rolling average basis;
(B) The continuous monitor shall meet the following specifications:
( 1 ) A continuous monitor is one which continuously samples the regulated parameter without interruption, and
evaluates the detector response at least once each 15 seconds, and computes and records the average value at
least every 60 seconds.
( 2 ) The rolling average for the selected averaging period is defined as the arithmetic mean of one hour block
averages for the averaging period. A one hour block average is the arithmetic mean of the one minute averages
recorded during the 60-minute period beginning at one minute after the beginning of preceding clock hour.
(iii) Feed rate limits for metals, total chloride and chlorine, and ash. Feed rate limits for metals, total chlorine and
chloride, and ash are established and monitored by knowing the concentration of the substance (i.e., metals,
chloride/chlorine, and ash) in each feedstream and the flow rate of the feedstream. To monitor the feed rate of these
substances, the flow rate of each feedstream must be monitored under the continuous monitoring requirements of
paragraphs (b)(5) (i) and (ii) of this section.
(6) Public notice requirements at precompliance. On or before August 21, 1991 the owner or operator must submit a
notice with the following information for publication in a major local newspaper of general circulation and send a copy
of the notice to the appropriate units of State and local government. The owner and operator must provide to the
Director with the certification of precompliance evidence of submitting the notice for publication. The notice, which
shall be entitled "Notice of Certification of Precompliance with Hazardous Waste Burning Requirements of 40 CFR
266.103(b)", must include:
(i) Name and address of the owner and operator of the facility as well as the location of the device burning hazardous
waste;
(ii) Date that the certification of precompliance is submitted to the Director;
(iii) Brief description of the regulatory process required to comply with the interim status requirements of this section
including required emissions testing to demonstrate conformance with emissions standards for organic compounds,
particulate matter, metals, and HCI and Cb;
(iv) Types and quantities of hazardous waste burned including, but not limited to, source, whether solids or liquids, as
well as an appropriate description of the waste;
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(v) Type of device(s) in which the hazardous waste is burned including a physical description and maximum
production rate of each device;
(vi) Types and quantities of other fuels and industrial furnace feedstocks fed to each unit;
(vii) Brief description of the basis for this certification of precompliance as specified in paragraph (b)(2) of this section;
(viii) Locations where the record for the facility can be viewed and copied by interested parties. These records and
locations shall at a minimum include:
(A) The administrative record kept by the Agency office where the supporting documentation was submitted or
another location designated by the Director; and
(B) The BIF correspondence file kept at the facility site where the device is located. The correspondence file must
include all correspondence between the facility and the Director, State and local regulatory officials, including copies
of all certifications and notifications, such as the precompliance certification, precompliance public notice, notice of
compliance testing, compliance test report, compliance certification, time extension requests and approvals or
denials, enforcement notifications of violations, and copies of EPA and State site visit reports submitted to the owner
or operator.
(ix) Notification of the establishment of a facility mailing list whereby interested parties shall notify the Agency that
they wish to be placed on the mailing list to receive future information and notices about this facility; and
(x) Location (mailing address) of the applicable EPA Regional Office, Hazardous Waste Division, where further
information can be obtained on EPA regulation of hazardous waste burning.
(7) Monitoring other operating parameters. When the monitoring systems for the operating parameters listed in
paragraphs (c)(1) (v through xiii) of this section are installed and operating in conformance with vendor specifications
or (for CO, HC, and oxygen) specifications provided by appendix IX of this part, as appropriate, the parameters shall
be continuously monitored and records shall be maintained in the operating record.
(8) Revised certification of precompliance. The owner or operator may revise at any time the information and
operating conditions documented under paragraphs (b)(2) and (b)(3) of this section in the certification of
precompliance by submitting a revised certification of precompliance under procedures provided by those
paragraphs.
(i) The public notice requirements of paragraph (b)(6) of this section do not apply to recertifications.
(ii) The owner and operator must operate the facility within the limits established for the operating parameters under
paragraph (b)(3) of this section until a revised certification is submitted under this paragraph or a certification of
compliance is submitted under paragraph (c) of this section.
(9) Certification of precompliance statement. The owner or operator must include the following signed statement with
the certification of precompliance submitted to the Director:
"I certify under penalty of law that this information was prepared under my direction or supervision in
accordance with a system designed to ensure that qualified personnel properly gathered and evaluated
the information and supporting documentation. Copies of all emissions tests, dispersion modeling results
and other information used to determine conformance with the requirements of §266.103(b) are available
at the facility and can be obtained from the facility contact person listed above. Based on my inquiry of the
person or persons who manages the facility, or those persons directly responsible for gathering the
information, the information submitted is, to the best of my knowledge and belief, true, accurate, and
complete. I am aware that there are significant penalties for submitting false information, including the
possibility of fine and imprisonment for knowing violations.
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I also acknowledge that the operating limits established in this certification pursuant to §266.103(b) (3)
and (4) are enforceable limits at which the facility can legally operate during interim status until: (1) A
revised certification of precompliance is submitted, (2) a certification of compliance is submitted, or (3) an
operating permit is issued."
(c) Certification of compliance. The owner or operator shall conduct emissions testing to document compliance with
the emissions standards of §§266.104 (b) through (e), 266.105, 266.106, 266.107, and paragraph (a)(5)(i)(D) of this
section, under the procedures prescribed by this paragraph, except under extensions of time provided by paragraph
(c)(7). Based on the compliance test, the owner or operator shall submit to the Director on or before August 21, 1992
a complete and accurate "certification of compliance" (under paragraph (c)(4) of this section) with those emission
standards establishing limits on the operating parameters specified in paragraph (c)(1).
(1) Limits on operating conditions. The owner or operator shall establish limits on the following parameters based on
operations during the compliance test (under procedures prescribed in paragraph (c)(4)(iv) of this section) or as
otherwise specified and include these limits with the certification of compliance. The boiler or industrial furnace must
be operated in accordance with these operating limits and the applicable emissions standards of §§266.104(b)
through (e), 266.105, 266.106, 266.107, and 266.103(a)(5)(i)(D) at all times when there is hazardous waste in the
unit.
(i) Feed rate of total hazardous waste and (unless complying with the Tier I or adjusted Tier I metals feed rate
screening limits under §266.106(b) or (e)), pumpable hazardous waste;
(ii) Feed rate of each metal in the following feedstreams:
(A) Total feedstreams, except that:
( 1 ) Facilities that comply with Tier I or Adjusted Tier I metals feed rate screening limits may set their operating limits
at the metals feed rate screening limits determined under §266.106(b) or (e); and
( 2 ) Industrial furnaces that must comply with the alternative metals implementation approach under paragraph
(c)(3)(ii) of this section must specify limits on the concentration of each metal in the collected particulate matter in lieu
of feed rate limits for total feedstreams;
(B) Total hazardous waste feed (unless complying with the Tier I or Adjusted Tier I metals feed rate screening limits
under §266.106(b) or (e)); and
(C) Total pumpable hazardous waste feed (unless complying with the Tier I or Adjusted Tier I metals feed rate
screening limits under §266.106(b) or (e));
(iii) Total feed rate of chlorine and chloride in total feed streams, except that facilities that comply with Tier I or
Adjusted Tier I feed rate screening limits may set their operating limits at the total chlorine and chloride feed rate
screening limits determined under §266.107(b)(1) or (e);
(iv) Total feed rate of ash in total feed streams, except that the ash feed rate for cement kilns and light-weight
aggregate kilns is not limited;
(v) Carbon monoxide concentration, and where required, hydrocarbon concentration in stack gas. When complying
with the CO controls of §266.104(b), the CO limit is 100 ppmv, and when complying with the HC controls of
§266.104(c), the HC limit is 20 ppmv When complying with the CO controls of §266.104(c), the CO limit is
established based on the compliance test;
(vi) Maximum production rate of the device in appropriate units when producing normal product, unless complying
with the Tier I or Adjusted Tier I feed rate screening limits for chlorine under §266.107(b)(1) or (e) and for all metals
under §266.106(b) or (e), and the uncontrolled particulate emissions do not exceed the standard under §266.105;
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(vii) Maximum combustion chamber temperature where the temperature measurement is as close to the combustion
zone as possible and is upstream of any quench water injection (unless complying with the Tier I or Adjusted Tier I
metals feed rate screening limits under §266.106(b) or (e));
(viii) Maximum flue gas temperature entering a particulate matter control device (unless complying with Tier I or
Adjusted Tier I metals feed rate screening limits under §266.106(b) or (e) and the total chlorine and chloride feed rate
screening limits under §266.107(b) or (e));
(ix) For systems using wet scrubbers, including wet ionizing scrubbers (unless complying with the Tier I or Adjusted
Tier I metals feed rate screening limits under §266.106(b) or (e) and the total chlorine and chloride feed rate
screening limits under §266.107(b)(1) or(e)):
(A) Minimum liquid to flue gas ratio;
(B) Minimum scrubber blowdown from the system or maximum suspended solids content of scrubber water; and
(C) Minimum pH level of the scrubber water;
(x) For systems using venturi scrubbers, the minimum differential gas pressure across the venturi (unless complying
with the Tier I or Adjusted Tier I metals feed rate screening limits under §266.106(b) or (e) and the total chlorine and
chloride feed rate screening limits under §266.107(b)(1) or (e));
(xi) For systems using dry scrubbers (unless complying with the Tier I or Adjusted Tier I metals feed rate screening
limits under §266.106(b) or (e) and the total chlorine and chloride feed rate screening limits under §266.107(b)(1) or
(e)):
(A) Minimum caustic feed rate; and
(B) Maximum flue gas flow rate;
(xii) For systems using wet ionizing scrubbers or electrostatic precipitators (unless complying with the Tier I or
Adjusted Tier I metals feed rate screening limits under §266.106(b) or (e) and the total chlorine and chloride feed rate
screening limits under §266.107(b)(1) or(e)):
(A) Minimum electrical power in kilovolt amperes (kVA) to the precipitator plates; and
(B) Maximum flue gas flow rate;
(xiii) For systems using fabric filters (baghouses), the minimum pressure drop (unless complying with the Tier I or
Adjusted Tier I metal feed rate screening limits under §266.106(b) or(e) and the total chlorine and chloride feed rate
screening limits under §266.107(b)(1) or(e)).
(2) Prior notice of compliance testing. At least 30 days prior to the compliance testing required by paragraph (c)(3) of
this section, the owner or operator shall notify the Director and submit the following information:
(i) General facility information including:
(A) EPA facility ID number;
(B) Facility name, contact person, telephone number, and address;
(C) Person responsible for conducting compliance test, including company name, address, and telephone number,
and a statement of qualifications;
(D) Planned date of the compliance test;
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(ii) Specific information on each device to be tested including:
(A) Description of boiler or industrial furnace;
(B) A scaled plot plan showing the entire facility and location of the boiler or industrial furnace;
(C) A description of the air pollution control system;
(D) Identification of the continuous emission monitors that are installed, including:
( •/ ) Carbon monoxide monitor;
( 2 ) Oxygen monitor;
( 3 ) Hydrocarbon monitor, specifying the minimum temperature of the system and, if the temperature is less than 150
°C, an explanation of why a heated system is not used (see paragraph (c)(5) of this section) and a brief description of
the sample gas conditioning system;
(E) Indication of whether the stack is shared with another device that will be in operation during the compliance test;
(F) Other information useful to an understanding of the system design or operation.
(iii) Information on the testing planned, including a complete copy of the test protocol and Quality Assurance/Quality
Control (QA/QC) plan, and a summary description for each test providing the following information at a minimum:
(A) Purpose of the test (e.g., demonstrate compliance with emissions of particulate matter); and
(B) Planned operating conditions, including levels for each pertinent parameter specified in paragraph (c)(1) of this
section.
(3) Compliance testing —(i) General. Compliance testing must be conducted under conditions for which the owner or
operator has submitted a certification of precompliance under paragraph (b) of this section and under conditions
established in the notification of compliance testing required by paragraph (c)(2) of this section. The owner or
operator may seek approval on a case-by-case basis to use compliance test data from one unit in lieu of testing a
similar onsite unit. To support the request, the owner or operator must provide a comparison of the hazardous waste
burned and other feedstreams, and the design, operation, and maintenance of both the tested unit and the similar
unit. The Director shall provide a written approval to use compliance test data in lieu of testing a similar unit if he finds
that the hazardous wastes, the devices, and the operating conditions are sufficiently similar, and the data from the
other compliance test is adequate to meet the requirements of §266.103(c).
(ii) Special requirements for industrial furnaces that recycle collected PM. Owners and operators of industrial furnaces
that recycle back into the furnace particulate matter (PM) from the air pollution control system must comply with one
of the following procedures for testing to determine compliance with the metals standards of §266.106(c) or (d):
(A) The special testing requirements prescribed in "Alternative Method for Implementing Metals Controls" in appendix
IX of this part; or
(B) Stack emissions testing for a minimum of 6 hours each day while hazardous waste is burned during interim
status. The testing must be conducted when burning normal hazardous waste for that day at normal feed rates for
that day and when the air pollution control system is operated under normal conditions. During interim status,
hazardous waste analysis for metals content must be sufficient for the owner or operator to determine if changes in
metals content may affect the ability of the facility to meet the metals emissions standards established under
§266.106(c) or (d). Under this option, operating limits (under paragraph (c)(1) of this section) must be established
during compliance testing under paragraph (c)(3) of this section only on the following parameters;
( 1 ) Feed rate of total hazardous waste;
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( 2 ) Total feed rate of chlorine and chloride in total feed streams;
( 3 ) Total feed rate of ash in total feed streams, except that the ash feed rate for cement kilns and light-weight
aggregate kilns is not limited;
( 4 ) Carbon monoxide concentration, and where required, hydrocarbon concentration in stack gas;
( 5 ) Maximum production rate of the device in appropriate units when producing normal product; or
(C) Conduct compliance testing to determine compliance with the metals standards to establish limits on the
operating parameters of paragraph (c)(1) of this section only after the kiln system has been conditioned to enable it to
reach equilibrium with respect to metals fed into the system and metals emissions. During conditioning, hazardous
waste and raw materials having the same metals content as will be fed during the compliance test must be fed at the
feed rates that will be fed during the compliance test.
(iii) Conduct of compliance testing. (A) If compliance with all applicable emissions standards of §§266.104 through
266.107 is not demonstrated simultaneously during a set of test runs, the operating conditions of additional test runs
required to demonstrate compliance with remaining emissions standards must be as close as possible to the original
operating conditions.
(B) Prior to obtaining test data for purposes of demonstrating compliance with the applicable emissions standards of
§§266.104 through 266.107 or establishing limits on operating parameters underthis section, the facility must operate
under compliance test conditions for a sufficient period to reach steady-state operations. Industrial furnaces that
recycle collected particulate matter back into the furnace and that comply with paragraphs (c)(3)(ii)(A) or (B) of this
section, however, need not reach steady state conditions with respect to the flow of metals in the system prior to
beginning compliance testing for metals.
(C) Compliance test data on the level of an operating parameter for which a limit must be established in the
certification of compliance must be obtained during emissions sampling for the pollutant(s) (i.e., metals, PM, HCI/CI2,
organic compounds) for which the parameter must be established as specified by paragraph (c)(1) of this section.
(4) Certification of compliance. Within 90 days of completing compliance testing, the owner or operator must certify to
the Director compliance with the emissions standards of §§266.104 (b), (c), and (e), 266.105, 266.106, 266.107, and
paragraph (a)(5)(i)(D) of this section. The certification of compliance must include the following information:
(i) General facility and testing information including:
(A) EPA facility ID number;
(B) Facility name, contact person, telephone number, and address;
(C) Person responsible for conducting compliance testing, including company name, address, and telephone number,
and a statement of qualifications;
(D) Date(s) of each compliance test;
(E) Description of boiler or industrial furnace tested;
(F) Person responsible for quality assurance/quality control (QA/QC), title, and telephone number, and statement that
procedures prescribed in the QA/QC plan submitted under §266.103(c)(2)(iii) have been followed, or a description of
any changes and an explanation of why changes were necessary.
(G) Description of any changes in the unit configuration prior to or during testing that would alter any of the
information submitted in the prior notice of compliance testing under paragraph (c)(2) of this section, and an
explanation of why the changes were necessary;
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(H) Description of any changes in the planned test conditions prior to or during the testing that alter any of the
information submitted in the prior notice of compliance testing under paragraph (c)(2) of this section, and an
explanation of why the changes were necessary; and
(I) The complete report on results of emissions testing.
(ii) Specific information on each test including:
(A) Purpose(s) of test (e.g., demonstrate conformance with the emissions limits for particulate matter, metals, HCI,
CI2, and CO)
(B) Summary of test results for each run and for each test including the following information:
( 1 ) Date of run;
( 2 ) Duration of run;
( 3 ) Time-weighted average and highest hourly rolling average CO level for each run and for the test;
( 4 ) Highest hourly rolling average HC level, if HC monitoring is required for each run and for the test;
( 5 ) If dioxin and furan testing is required under §266.104(e), time-weighted average emissions for each run and for
the test of chlorinated dioxin and furan emissions, and the predicted maximum annual average ground level
concentration of the toxicity equivalency factor;
( 6 ) Time-weighted average particulate matter emissions for each run and for the test;
( 7 ) Time-weighted average HCI and Cbemissions for each run and for the test;
( 8 ) Time-weighted average emissions for the metals subject to regulation under §266.106 for each run and for the
test; and
( 9 ) QA/QC results.
(iii) Comparison of the actual emissions during each test with the emissions limits prescribed by §§266.104 (b), (c),
and (e), 266.105, 266.106, and 266.107 and established for the facility in the certification of precompliance under
paragraph (b) of this section.
(iv) Determination of operating limits based on all valid runs of the compliance test for each applicable parameter
listed in paragraph (c)(1) of this section using either of the following procedures:
(A) Instantaneous limits. A parameter may be measured and recorded on an instantaneous basis (i.e., the value that
occurs at any time) and the operating limit specified as the time-weighted average during all runs of the compliance
test; or
(B) Hourly rolling average basis. ( 1 ) The limit for a parameter may be established and continuously monitored on an
hourly rolling average basis defined as follows:
(/) A continuous monitor is one which continuously samples the regulated parameter without interruption, and
evaluates the detector response at least once each 15 seconds, and computes and records the average value at
least every 60 seconds.
(//) An hourly rolling average is the arithmetic mean of the 60 most recent 1-minute average values recorded by the
continuous monitoring system.
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( 2 ) The operating limit for the parameter shall be established based on compliance test data as the average over all
test runs of the highest hourly rolling average value for each run.
(C) Rolling average limits for carcinogenic metals and lead. Feed rate limits for the carcinogenic metals (i.e., arsenic,
beryllium, cadmium and chromium) and lead may be established either on an hourly rolling average basis as
prescribed by paragraph (c)(4)(iv)(B) of this section or on (up to) a 24 hour rolling average basis. If the owner or
operator elects to use an averaging period from 2 to 24 hours:
( 1 ) The feed rate of each metal shall be limited at any time to ten times the feed rate that would be allowed on an
hourly rolling average basis;
( 2 ) The continuous monitor shall meet the following specifications:
(/) A continuous monitor is one which continuously samples the regulated parameter without interruption, and
evaluates the detector response at least once each 15 seconds, and computes and records the average value at
least every 60 seconds.
(//) The rolling average for the selected averaging period is defined as arithmetic mean of one hour block averages
for the averaging period. A one hour block average is the arithmetic mean of the one minute averages recorded
during the 60-minute period beginning at one minute after the beginning of preceding clock hour; and
( 3 ) The operating limit for the feed rate of each metal shall be established based on compliance test data as the
average over all test runs of the highest hourly rolling average feed rate for each run.
(D) Feed rate limits for metals, total chloride and chlorine, and ash. Feed rate limits for metals, total chlorine and
chloride, and ash are established and monitored by knowing the concentration of the substance (i.e., metals,
chloride/chlorine, and ash) in each feedstream and the flow rate of the feedstream. To monitor the feed rate of these
substances, the flow rate of each feedstream must be monitored under the continuous monitoring requirements of
paragraphs (c)(4)(iv) (A) through (C) of this section.
(v) Certification of compliance statement. The following statement shall accompany the certification of compliance:
"I certify under penalty of law that this information was prepared under my direction or supervision in
accordance with a system designed to ensure that qualified personnel properly gathered and evaluated
the information and supporting documentation. Copies of all emissions tests, dispersion modeling results
and other information used to determine conformance with the requirements of §266.103(c) are available
at the facility and can be obtained from the facility contact person listed above. Based on my inquiry of the
person or persons who manages the facility, or those persons directly responsible for gathering the
information, the information submitted is, to the best of my knowledge and belief, true, accurate, and
complete. I am aware that there are significant penalties for submitting false information, including the
possibility of fine and imprisonment for knowing violations.
I also acknowledge that the operating conditions established in this certification pursuant to
§266.103(c)(4)(iv) are enforceable limits at which the facility can legally operate during interim status until
a revised certification of compliance is submitted."
(5) Special requirements for HC monitoring systems. When an owner or operator is required to comply with the
hydrocarbon (HC) controls provided by §266.104(c) or paragraph (a)(5)(i)(D) of this section, a conditioned gas
monitoring system may be used in conformance with specifications provided in appendix IX of this part provided that
the owner or operator submits a certification of compliance without using extensions of time provided by paragraph
(c)(7) of this section.
(6) Special operating requirements for industrial furnaces that recycle collected PM. Owners and operators of
industrial furnaces that recycle back into the furnace particulate matter (PM) from the air pollution control system
must:
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(i) When complying with the requirements of paragraph (c)(3)(ii)(A) of this section, comply with the operating
requirements prescribed in "Alternative Method to Implement the Metals Controls" in appendix IX of this part; and
(ii) When complying with the requirements of paragraph (c)(3)(ii)(B) of this section, comply with the operating
requirements prescribed by that paragraph.
(7) Extensions of time, (i) If the owner or operator does not submit a complete certification of compliance for all of the
applicable emissions standards of §§266.104, 266.105, 266.106, and 266.107 by August 21, 1992, he/she must
either:
(A) Stop burning hazardous waste and begin closure activities under paragraph (I) of this section for the hazardous
waste portion of the facility; or
(B) Limit hazardous waste burning only for purposes of compliance testing (and pretesting to prepare for compliance
testing) a total period of 720 hours for the period of time beginning August 21, 1992, submit a notification to the
Director by August 21, 1992 stating that the facility is operating under restricted interim status and intends to resume
burning hazardous waste, and submit a complete certification of compliance by August 23, 1993; or
(C) Obtain a case-by-case extension of time under paragraph (c)(7)(ii) of this section.
(ii) The owner or operator may request a case-by-case extension of time to extend anytime limit provided by
paragraph (c) of this section if compliance with the time limit is not practicable for reasons beyond the control of the
owner or operator.
(A) In granting an extension, the Director may apply conditions as the facts warrant to ensure timely compliance with
the requirements of this section and that the facility operates in a manner that does not pose a hazard to human
health and the environment;
(B) When an owner or operator requests an extension of time to enable the facility to comply with the alternative
hydrocarbon provisions of §266.104(f) and obtain a RCRA operating permit because the facility cannot meet the HC
limit of §266.104(c) of this chapter:
( 1 ) The Director shall, in considering whether to grant the extension:
(/) Determine whether the owner and operator have submitted in a timely manner a complete part B permit
application that includes information required under §270.22(b) of this chapter; and
(//) Consider whether the owner and operator have made a good faith effort to certify compliance with all other
emission controls, including the controls on dioxins and furans of §266.104(e) and the controls on PM, metals, and
HCI/CI2.
( 2 ) If an extension is granted, the Director shall, as a condition of the extension, require the facility to operate under
flue gas concentration limits on CO and HC that, based on available information, including information in the part B
permit application, are baseline CO and HC levels as defined by §266.104(f)(1).
(8) Revised certification of compliance. The owner or operator may submit at any time a revised certification of
compliance (recertification of compliance) under the following procedures:
(i) Prior to submittal of a revised certification of compliance, hazardous waste may not be burned for more than a total
of 720 hours under operating conditions that exceed those established under a current certification of compliance,
and such burning may be conducted only for purposes of determining whether the facility can operate under revised
conditions and continue to meet the applicable emissions standards of §§266.104, 266.105, 266.106, and 266.107;
(ii) At least 30 days prior to first burning hazardous waste under operating conditions that exceed those established
under a current certification of compliance, the owner or operator shall notify the Director and submit the following
information:
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(A) EPA facility ID number, and facility name, contact person, telephone number, and address;
(B) Operating conditions that the owner or operator is seeking to revise and description of the changes in facility
design or operation that prompted the need to seek to revise the operating conditions;
(C) A determination that when operating under the revised operating conditions, the applicable emissions standards
of §§266.104, 266.105, 266.106, and 266.107 are not likely to be exceeded. To document this determination, the
owner or operator shall submit the applicable information required under paragraph (b)(2) of this section; and
(D) Complete emissions testing protocol for any pretesting and for a new compliance test to determine compliance
with the applicable emissions standards of §§266.104, 266.105, 266.106, and 266.107 when operating under revised
operating conditions. The protocol shall include a schedule of pre-testing and compliance testing. If the owner and
operator revises the scheduled date for the compliance test, he/she shall notify the Director in writing at least 30 days
prior to the revised date of the compliance test;
(iii) Conduct a compliance test under the revised operating conditions and the protocol submitted to the Director to
determine compliance with the applicable emissions standards of §§266.104, 266.105, 266.106, and 266.107; and
(iv) Submit a revised certification of compliance under paragraph (c)(4) of this section.
(d) Periodic Recertifications. The owner or operator must conduct compliance testing and submit to the Director a
recertification of compliance under provisions of paragraph (c) of this section within five years from submitting the
previous certification or recertification. If the owner or operator seeks to recertify compliance under new operating
conditions, he/she must comply with the requirements of paragraph (c)(8) of this section.
(e) Noncompliance with certification schedule. If the owner or operator does not comply with the interim status
compliance schedule provided by paragraphs (b), (c), and (d) of this section, hazardous waste burning must
terminate on the date that the deadline is missed, closure activities must begin under paragraph (I) of this section,
and hazardous waste burning may not resume except under an operating permit issued under §270.66 of this
chapter. For purposes of compliance with the closure provisions of paragraph (I) of this section and §§265.112(d)(2)
and 265.113 of this chapter the boiler or industrial furnace has received "the known final volume of hazardous waste"
on the date that the deadline is missed.
(f) Start-up and shut-down. Hazardous waste (except waste fed solely as an ingredient under the Tier I (or adjusted
Tier I) feed rate screening limits for metals and chloride/chlorine) must not be fed into the device during start-up and
shut-down of the boiler or industrial furnace, unless the device is operating within the conditions of operation specified
in the certification of compliance.
(g) Automatic waste feed cutoff. During the compliance test required by paragraph (c)(3) of this section, and upon
certification of compliance under paragraph (c) of this section, a boiler or industrial furnace must be operated with a
functioning system that automatically cuts off the hazardous waste feed when the applicable operating conditions
specified in paragraphs (c)(1) (i) and (v through xiii) of this section deviate from those established in the certification
of compliance. In addition:
(1)To minimize emissions of organic compounds, the minimum combustion chamber temperature (or the indicator of
combustion chamber temperature) that occurred during the compliance test must be maintained while hazardous
waste or hazardous waste residues remain in the combustion chamber, with the minimum temperature during the
compliance test defined as either:
(i) If compliance with the combustion chamber temperature limit is based on an hourly rolling average, the minimum
temperature during the compliance test is considered to be the average over all runs of the lowest hourly rolling
average for each run; or
(ii) If compliance with the combustion chamber temperature limit is based on an instantaneous temperature
measurement, the minimum temperature during the compliance test is considered to be the time-weighted average
temperature during all runs of the test; and
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(2) Operating parameters limited by the certification of compliance must continue to be monitored during the cutoff,
and the hazardous waste feed shall not be restarted until the levels of those parameters comply with the limits
established in the certification of compliance.
(h) Fugitive emissions. Fugitive emissions must be controlled by:
(1) Keeping the combustion zone totally sealed against fugitive emissions; or
(2) Maintaining the combustion zone pressure lower than atmospheric pressure; or
(3) An alternate means of control that the owner or operator can demonstrate provide fugitive emissions control
equivalent to maintenance of combustion zone pressure lower than atmospheric pressure. Support for such
demonstration shall be included in the operating record.
(i) Changes. A boiler or industrial furnace must cease burning hazardous waste when changes in combustion
properties, or feed rates of the hazardous waste, other fuels, or industrial furnace feedstocks, or changes in the boiler
or industrial furnace design or operating conditions deviate from the limits specified in the certification of compliance.
(j) Monitoring and Inspections. (1) The owner or operator must monitor and record the following, at a minimum, while
burning hazardous waste:
(i) Feed rates and composition of hazardous waste, other fuels, and industrial furnace feed stocks, and feed rates of
ash, metals, and total chloride and chlorine as necessary to ensure conformance with the certification of
precompliance or certification of compliance;
(ii) Carbon monoxide (CO), oxygen, and if applicable, hydrocarbons (HC), on a continuous basis at a common point
in the boiler or industrial furnace downstream of the combustion zone and prior to release of stack gases to the
atmosphere in accordance with the operating limits specified in the certification of compliance. CO, HC, and oxygen
monitors must be installed, operated, and maintained in accordance with methods specified in appendix IX of this
part.
(iii) Upon the request of the Director, sampling and analysis of the hazardous waste (and other fuels and industrial
furnace feed stocks as appropriate) and the stack gas emissions must be conducted to verify that the operating
conditions established in the certification of precompliance or certification of compliance achieve the applicable
standards of §§266.104, 266.105, 266.106, and 266.107.
(2) The boiler or industrial furnace and associated equipment (pumps, valves, pipes, fuel storage tanks, etc.) must be
subjected to thorough visual inspection when they contain hazardous waste, at least daily for leaks, spills, fugitive
emissions, and signs of tampering.
(3) The automatic hazardous waste feed cutoff system and associated alarms must be tested at least once every 7
days when hazardous waste is burned to verify operability, unless the owner or operator can demonstrate that weekly
inspections will unduly restrict or upset operations and that less frequent inspections will be adequate. Support for
such demonstration shall be included in the operating record. At a minimum, operational testing must be conducted at
least once every 30 days.
(4) These monitoring and inspection data must be recorded and the records must be placed in the operating log.
(k) Recordkeeping. The owner or operator must keep in the operating record of the facility all information and data
required by this section for five years.
(I) 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 boiler or industrial furnace and
must comply with §§265.111-265.115 of this chapter.
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[56 FR 7208, Feb. 21, 1991; 56 FR 32689, July 17, 1991, as amended at 56 FR 42512, 42514, Aug. 27, 1991; 57 FR
38564, Aug. 25, 1992; 57 FR 45000, Sept. 30, 1992; 60 FR 33913, June 29, 1995; 71 FR 16913, Apr. 4, 2006; 71 FR
40277, July 14, 2006]
§ 266.104 Standards to control organic emissions.
(a) ORE standard —(1) General. Except as provided in paragraph (a)(3) of this section, a boiler or industrial furnace
burning hazardous waste must achieve a destruction and removal efficiency (ORE) of 99.99% for all organic
hazardous constituents in the waste feed. To demonstrate conformance with this requirement, 99.99% ORE must be
demonstrated during a trial burn for each principal organic hazardous constituent (POHC) designated (under
paragraph (a)(2) of this section) in its permit for each waste feed. ORE is determined for each POHC from the
following equation:
DRE =
W
!-_£-_ x 100
W-
'V K I
where:
Win= Mass feed rate of one principal organic hazardous constituent (POHC) in the hazardous waste fired
to the boiler or industrial furnace; and
Wout= Mass emission rate of the same POHC present in stack gas prior to release to the atmosphere.
(2) Designation of POHCs. Principal organic hazardous constituents (POHCs) are those compounds for which
compliance with the ORE requirements of this section shall be demonstrated in a trial burn in conformance with
procedures prescribed in §270.66 of this chapter. One or more POHCs shall be designated by the Director for each
waste feed to be burned. POHCs shall be designated based on the degree of difficulty of destruction of the organic
constituents in the waste and on their concentrations or mass in the waste feed considering the results of waste
analyses submitted with part B of the permit application. POHCs are most likely to be selected from among those
compounds listed in part 261, appendix VIII of this chapter that are also present in the normal waste feed. However, if
the applicant demonstrates to the Regional Administrator's satisfaction that a compound not listed in appendix VIII or
not present in the normal waste feed is a suitable indicator of compliance with the ORE requirements of this section,
that compound may be designated as a POHC. Such POHCs need not be toxic or organic compounds.
(3) Dioxin-listed waste. A boiler or industrial furnace burning hazardous waste containing (or derived from) EPA
Hazardous Wastes Nos. F020, F021, F022, F023, F026, or F027 must achieve a destruction and removal efficiency
(ORE) of 99.9999% for each POHC designated (under paragraph (a)(2) of this section) in its permit. This
performance must be demonstrated on POHCs that are more difficult to burn than tetra-, penta-, and
hexachlorodibenzo- p -dioxins and dibenzofurans. ORE is determined for each POHC from the equation in paragraph
(a)(1) of this section. In addition, the owner or operator of the boiler or industrial furnace must notify the Director of
intent to burn EPA Hazardous Waste Nos. F020, F021, F022, F023, F026, orF027.
(4) Automatic waiver of ORE trial burn. Owners and operators of boilers operated under the special operating
requirements provided by §266.110 are considered to be in compliance with the ORE standard of paragraph (a)(1) of
this section and are exempt from the ORE trial burn.
(5) Low risk waste. Owners and operators of boilers or industrial furnaces that burn hazardous waste in compliance
with the requirements of §266.109(a) are considered to be in compliance with the ORE standard of paragraph (a)(1)
of this section and are exempt from the ORE trial burn.
(b) Carbon monoxide standard. (1) Except as provided in paragraph (c) of this section, the stack gas concentration of
carbon monoxide (CO) from a boiler or industrial furnace burning hazardous waste cannot exceed 100 ppmv on an
hourly rolling average basis (i.e., over any 60 minute period), continuously corrected to 7 percent oxygen, dry gas
basis.
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(2) CO and oxygen shall be continuously monitored in conformance with "Performance Specifications for Continuous
Emission Monitoring of Carbon Monoxide and Oxygen for Incinerators, Boilers, and Industrial Furnaces Burning
Hazardous Waste" in appendix IX of this part.
(3) Compliance with the 100 ppmv CO limit must be demonstrated during the trial burn (for new facilities or an interim
status facility applying for a permit) or the compliance test (for interim status facilities). To demonstrate compliance,
the highest hourly rolling average CO level during any valid run of the trial burn or compliance test must not exceed
100 ppmv.
(c) Alternative carbon monoxide standard. (1) The stack gas concentration of carbon monoxide (CO) from a boiler or
industrial furnace burning hazardous waste may exceed the 100 ppmv limit provided that stack gas concentrations of
hydrocarbons (HC) do not exceed 20 ppmv, except as provided by paragraph (f) of this section for certain industrial
furnaces.
(2) HC limits must be established under this section on an hourly rolling average basis (i.e., over any 60 minute
period), reported as propane, and continuously corrected to 7 percent oxygen, dry gas basis.
(3) HC shall be continuously monitored in conformance with "Performance Specifications for Continuous Emission
Monitoring of Hydrocarbons for Incinerators, Boilers, and Industrial Furnaces Burning Hazardous Waste" in appendix
IX of this part. CO and oxygen shall be continuously monitored in conformance with paragraph (b)(2) of this section.
(4) The alternative CO standard is established based on CO data during the trial burn (for a new facility) and the
compliance test (for an interim status facility). The alternative CO standard is the average over all valid runs of the
highest hourly average CO level for each run. The CO limit is implemented on an hourly rolling average basis, and
continuously corrected to 7 percent oxygen, dry gas basis.
(d) Special requirements for furnaces. Owners and operators of industrial furnaces (e.g., kilns, cupolas) that feed
hazardous waste fora purpose other than solely as an ingredient (see §266.103(a)(5)(ii)) at any location other than
the end where products are normally discharged and where fuels are normally fired must comply with the
hydrocarbon limits provided by paragraphs (c) or (f) of this section irrespective of whether stack gas CO
concentrations meet the 100 ppmv limit of paragraph (b) of this section.
(e) Controls fordioxins and furans. Owners and operators of boilers and industrial furnaces that are equipped with a
dry particulate matter control device that operates within the temperature range of 450-750 °F, and industrial
furnaces operating under an alternative hydrocarbon limit established under paragraph (f) of this section must
conduct a site-specific risk assessment as follows to demonstrate that emissions of chlorinated dibenzo- p -dioxins
and dibenzofurans do not result in an increased lifetime cancer risk to the hypothetical maximum exposed individual
(MEI) exceeding 1 in 100,000:
(1) During the trial burn (for new facilities or an interim status facility applying for a permit) or compliance test (for
interim status facilities), determine emission rates of the tetra-octa congeners of chlorinated dibenzo-p-dioxins and
dibenzofurans (CDDs/CDFs) using Method 0023A, Sampling Method for Polychlorinated Dibenzo-p-Dioxins and
Polychlorinated Dibenzofurans Emissions from Stationary Sources, EPA Publication SW-846, as incorporated by
reference in §260.11 of this chapter.
(2) Estimate the 2,3,7,8-TCDD toxicity equivalence of the tetra-octa CDDs/CDFs congeners using "Procedures for
Estimating the Toxicity Equivalence of Chlorinated Dibenzo-p-Dioxin and Dibenzofuran Congeners" in appendix IX of
this part. Multiply the emission rates of CDD/CDF congeners with a toxicity equivalence greater than zero (see the
procedure) by the calculated toxicity equivalence factor to estimate the equivalent emission rate of 2,3,7,8-TCDD;
(3) Conduct dispersion modeling using methods recommended in appendix W of part 51 of this chapter ("Guideline
on Air Quality Models (Revised)" (1986) and its supplements), the "Hazardous Waste Combustion Air Quality
Screening Procedure", provided in appendix IX of this part, or in Screening Procedures for Estimating the Air Quality
Impact of Stationary Sources, Revised (incorporated by reference in §260.11) to predict the maximum annual
average off-site ground level concentration of 2,3,7,8-TCDD equivalents determined under paragraph (e)(2) of this
section. The maximum annual average concentration must be used when a person resides on-site; and
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(4) The ratio of the predicted maximum annual average ground level concentration of 2,3,7, 8-TCDD equivalents to
the risk-specific dose for 2, 3, 7, 8-TCDD provided in appendix V of this part (2.2><10~7) shall not exceed 1.0.
(f) Monitoring CO and HC in the by-pass duct of a cement kiln. Cement kilns may comply with the carbon monoxide
and hydrocarbon limits provided by paragraphs (b), (c), and (d) of this section by monitoring in the by-pass duct
provided that:
(1 ) Hazardous waste is fired only into the kiln and not at any location downstream from the kiln exit relative to the
direction of gas flow; and
(2) The by-pass duct diverts a minimum of 10% of kiln off-gas into the duct.
(g) Use of emissions test data to demonstrate compliance and establish operating limits. Compliance with the
requirements of this section must be demonstrated simultaneously by emissions testing or during separate runs
under identical operating conditions. Further, data to demonstrate compliance with the CO and HC limits of this
section or to establish alternative CO or HC limits under this section must be obtained during the time that ORE
testing, and where applicable, CDD/CDF testing under paragraph (e) of this section and comprehensive organic
emissions testing under paragraph (f) is conducted.
(h) Enforcement. For the purposes of permit enforcement, compliance with the operating requirements specified in
the permit (under §266.102) will be regarded as compliance with this section. However, evidence that compliance
with those permit conditions is insufficient to ensure compliance with the requirements of this section may be
"information" justifying modification or revocation and re-issuance of a permit under §270. 41 of this chapter.
[56 FR 7208, Feb. 21, 1991; 56 FR 32689, July 17, 1991, as amended at 57 FR 38565, Aug. 25, 1992; 58 FR 38883,
July 20, 1993; 60 FR 33914, June 29, 1995; 62 FR 32463, June 13, 1997]
§ 266.105 Standards to control participate matter.
(a) A boiler or industrial furnace burning hazardous waste may not emit particulate matter in excess of 1 80 milligrams
per dry standard cubic meter (0.08 grains per dry standard cubic foot) after correction to a stack gas concentration of
7% oxygen, using procedures prescribed in 40 CFR part 60, appendix A, methods 1 through 5, and appendix IX of
this part.
(b) An owner or operator meeting the requirements of §266.1 09(b) for the low risk waste exemption is exempt from
the particulate matter standard.
(c) Oxygen correction. (1 ) Measured pollutant levels must be corrected for the amount of oxygen in the stack gas
according to the formula:
Where:
PC is the corrected concentration of the pollutant in the stack gas, Pm is the measured concentration of
the pollutant in the stack gas, E is the oxygen concentration on a dry basis in the combustion air fed to
the device, and Y is the measured oxygen concentration on a dry basis in the stack.
(2) For devices that feed normal combustion air, E will equal 21 percent. For devices that feed oxygen-enriched air for
combustion (that is, air with an oxygen concentration exceeding 21 percent), the value of E will be the concentration
of oxygen in the enriched air.
(3) Compliance with all emission standards provided by this subpart must be based on correcting to 7 percent oxygen
using this procedure.
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(d) For the purposes of permit enforcement, compliance with the operating requirements specified in the permit
(under §266. 1 02) will be regarded as compliance with this section. However, evidence that compliance with those
permit conditions is insufficient to ensure compliance with the requirements of this section may be "information"
justifying modification or revocation and re-issuance of a permit under §270. 41 of this chapter.
[56 FR 7208, Feb. 21, 1991, as amended at 64 FR 53075, Sept. 30, 1999]
§ 266.106 Standards to control metals emissions.
(a) General. The owner or operator must comply with the metals standards provided by paragraphs (b), (c), (d), (e),
or (f) of this section for each metal listed in paragraph (b) of this section that is present in the hazardous waste at
detectable levels by using appropriate analytical procedures.
(b) Tier I feed rate screening limits. Feed rate screening limits for metals are specified in appendix I of this part as a
function of terrain-adjusted effective stack height and terrain and land use in the vicinity of the facility. Criteria for
facilities that are not eligible to comply with the screening limits are provided in paragraph (b)(7) of this section.
(1) Noncarcinogenic metals. The feed rates of antimony, barium, lead, mercury, thallium, and silver in all feed
streams, including hazardous waste, fuels, and industrial furnace feed stocks shall not exceed the screening limits
specified in appendix I of this part.
(i) The feed rate screening limits for antimony, barium, mercury, thallium, and silver are based on either:
(A) An hourly rolling average as defined in §266.102(e)(6)(i)(B); or
(B) An instantaneous limit not to be exceeded at any time.
(ii) The feed rate screening limit for lead is based on one of the following:
(A) An hourly rolling average as defined in §266.102(e)(6)(i)(B);
(B) An averaging period of 2 to 24 hours as defined in §266.102(e)(6)(ii) with an instantaneous feed rate limit not to
exceed 10 times the feed rate that would be allowed on an hourly rolling average basis; or
(C) An instantaneous limit not to be exceeded at any time.
(2) Carcinogenic metals, (i) The feed rates of arsenic, cadmium, beryllium, and chromium in all feed streams,
including hazardous waste, fuels, and industrial furnace feed stocks shall not exceed values derived from the
screening limits specified in appendix I of this part. The feed rate of each of these metals is limited to a level such that
the sum of the ratios of the actual feed rate to the feed rate screening limit specified in appendix I shall not exceed
1.0, as provided by the following equation:
where:
n=number of carcinogenic metals
AFR=actual feed rate to the device for metal "i"
FRSL=feed rate screening limit provided by appendix I of this part for metal "i".
36
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(ii) The feed rate screening limits for the carcinogenic metals are based on either:
(A) An hourly rolling average; or
(B) An averaging period of 2 to 24 hours as defined in §266.102(e)(6)(ii) with an instantaneous feed rate limit not to
exceed 10 times the feed rate that would be allowed on an hourly rolling average basis.
(3) TESH. (i) The terrain-adjusted effective stack height is determined according to the following equation:
TESH=Ha+H1-Tr
where:
Ha=Actual physical stack height
H1=Plume rise as determined from appendix VI of this part as a function of stack flow rate and stack gas
exhaust temperature.
Tr=Terrain rise within five kilometers of the stack.
(ii) The stack height (Ha) may not exceed good engineering practice as specified in 40 CFR 51.100(ii).
(iii) If the TESH for a particular facility is not listed in the table in the appendices, the nearest lower TESH listed in the
table shall be used. If the TESH is four meters or less, a value of four meters shall be used.
(4) Terrain type. The screening limits are a function of whether the facility is located in noncomplex or complex
terrain. A device located where any part of the surrounding terrain within 5 kilometers of the stack equals or exceeds
the elevation of the physical stack height (Ha) is considered to be in complex terrain and the screening limits for
complex terrain apply. Terrain measurements are to be made from U.S. Geological Survey 7.5-minute topographic
maps of the area surrounding the facility.
(5) Land use. The screening limits are a function of whether the facility is located in an area where the land use is
urban or rural. To determine whether land use in the vicinity of the facility is urban or rural, procedures provided in
appendices IX orX of this part shall be used.
(6) Multiple stacks. Owners and operators of facilities with more than one on-site stack from a boiler, industrial
furnace, incinerator, or other thermal treatment unit subject to controls of metals emissions under a RCRA operating
permit or interim status controls must comply with the screening limits for all such units assuming all hazardous waste
is fed into the device with the worst-case stack based on dispersion characteristics. The worst-case stack is
determined from the following equation as applied to each stack:
K=HVT
Where:
K=a parameter accounting for relative influence of stack height and plume rise;
H=physical stack height (meters);
V=stack gas flow rate (m3 /second); and
T=exhaust temperature (°K).
The stack with the lowest value of K is the worst-case stack.
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(7) Criteria for facilities not eligible for screening limits. If any criteria below are met, the Tier I and Tier 1 1 screening
limits do not apply. Owners and operators of such facilities must comply with either the Tier III standards provided by
paragraph (d) of this section or with the adjusted Tier I feed rate screening limits provided by paragraph (e) of this
section.
(i) The device is located in a narrow valley less than one kilometer wide;
(ii) The device has a stack taller than 20 meters and is located such that the terrain rises to the physical height within
one kilometer of the facility;
(iii) The device has a stack taller than 20 meters and is located within five kilometers of a shoreline of a large body of
water such as an ocean or large lake;
(iv) The physical stack height of any stack is less than 2.5 times the height of any building within five building heights
or five projected building widths of the stack and the distance from the stack to the closest boundary is within five
building heights or five projected building widths of the associated building; or
(v) The Director determines that standards based on site-specific dispersion modeling are required.
(8) Implementation. The feed rate of metals in each feedstream must be monitored to ensure that the feed rate
screening limits are not exceeded.
(c) Tier II emission rate screening limits. Emission rate screening limits are specified in appendix I as a function of
terrain-adjusted effective stack height and terrain and land use in the vicinity of the facility. Criteria for facilities that
are not eligible to comply with the screening limits are provided in paragraph (b)(7) of this section.
(1) Noncarcinogenic metals. The emission rates of antimony, barium, lead, mercury, thallium, and silver shall not
exceed the screening limits specified in appendix I of this part.
(2) Carcinogenic metals. The emission rates of arsenic, cadmium, beryllium, and chromium shall not exceed values
derived from the screening limits specified in appendix I of this part. The emission rate of each of these metals is
limited to a level such that the sum of the ratios of the actual emission rate to the emission rate screening limit
specified in appendix I shall not exceed 1 .0, as provided by the following equation:
where:
n=number of carcinogenic metals
AER=actual emission rate for metal "i"
ERSL=emission rate screening limit provided by appendix I of this part for metal "i".
(3) Implementation. The emission rate limits must be implemented by limiting feed rates of the individual metals to
levels during the trial burn (for new facilities or an interim status facility applying for a permit) or the compliance test
(for interim status facilities). The feed rate averaging periods are the same as provided by paragraphs (b)(1)(i) and (ii)
and (b)(2)(ii) of this section. The feed rate of metals in each feedstream must be monitored to ensure that the feed
rate limits for the feedstreams specified under §§266. 102 or 266. 103 are not exceeded.
(4) Definitions and limitations. The definitions and limitations provided by paragraph (b) of this section for the
following terms also apply to the Tier II emission rate screening limits provided by paragraph (c) of this section:
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terrain-adjusted effective stack height, good engineering practice stack height, terrain type, land use, and criteria for
facilities not eligible to use the screening limits.
(5) Multiple stacks . (i) Owners and operators of facilities with more than one onsite stack from a boiler, industrial
furnace, incinerator, or other thermal treatment unit subject to controls on metals emissions under a RCRA operating
permit or interim status controls must comply with the emissions screening limits for any such stacks assuming all
hazardous waste is fed into the device with the worst-case stack based on dispersion characteristics.
(ii) The worst-case stack is determined by procedures provided in paragraph (b)(6) of this section.
(iii) For each metal, the total emissions of the metal from those stacks shall not exceed the screening limit for the
worst-case stack.
(d) Tier III and Adjusted Tier I site-specific risk assessment. The requirements of this paragraph apply to facilities
complying with either the Tier III or Adjusted Tier I controls, except where specified otherwise.
(1) General. Conformance with the Tier III metals controls must be demonstrated by emissions testing to determine
the emission rate for each metal. In addition, conformance with either the Tier III or Adjusted Tier I metals controls
must be demonstrated by air dispersion modeling to predict the maximum annual average off-site ground level
concentration for each metal, and a demonstration that acceptable ambient levels are not exceeded.
(2) Acceptable ambient levels. Appendices IV and V of this part list the acceptable ambient levels for purposes of this
rule. Reference air concentrations (RACs) are listed for the noncarcinogenic metals and 10~5risk-specific doses
(RSDs) are listed for the carcinogenic metals. The RSD fora metal is the acceptable ambient level for that metal
provided that only one of the four carcinogenic metals is emitted. If more than one carcinogenic metal is emitted, the
acceptable ambient level for the carcinogenic metals is a fraction of the RSD as described in paragraph (d)(3) of this
section.
(3) Carcinogenic metals . For the carcinogenic metals, arsenic, cadmium, beryllium, and chromium, the sum of the
ratios of the predicted maximum annual average off-site ground level concentrations (except that on-site
concentrations must be considered if a person resides on site) to the risk-specific dose (RSD) for all carcinogenic
metals emitted shall not exceed 1 .0 as determined by the following equation:
-S-. "Predicted Ambi ent Concentrate on,^
y - ; - ^
^ Ri sk -Speciji c Dose, ; }
where: n=number of carcinogenic metals
(4) Noncarcinogenic metals. For the noncarcinogenic metals, the predicted maximum annual average off-site ground
level concentration for each metal shall not exceed the reference air concentration (RAC).
(5) Multiple stacks. Owners and operators of facilities with more than one on-site stack from a boiler, industrial
furnace, incinerator, or other thermal treatment unit subject to controls on metals emissions under a RCRA operating
permit or interim status controls must conduct emissions testing (except that facilities complying with Adjusted Tier I
controls need not conduct emissions testing) and dispersion modeling to demonstrate that the aggregate emissions
from all such on-site stacks do not result in an exceedance of the acceptable ambient levels.
(6) Implementation. UnderTier III, the metals controls must be implemented by limiting feed rates of the individual
metals to levels during the trial burn (for new facilities or an interim status facility applying for a permit) or the
compliance test (for interim status facilities). The feed rate averaging periods are the same as provided by
paragraphs (b)(1) (i) and (ii) and (b)(2)(ii) of this section. The feed rate of metals in each feedstream must be
monitored to ensure that the feed rate limits for the feedstreams specified under §§266. 102 or 266. 103 are not
exceeded.
(e) Adjusted Tier I feed rate screening limits. The owner or operator may adjust the feed rate screening limits
provided by appendix I of this part to account for site-specific dispersion modeling. Under this approach, the adjusted
39
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feed rate screening limit for a metal is determined by back-calculating from the acceptable ambient level provided by
appendices IV and V of this part using dispersion modeling to determine the maximum allowable emission rate. This
emission rate becomes the adjusted Tier I feed rate screening limit. The feed rate screening limits for carcinogenic
metals are implemented as prescribed in paragraph (b)(2) of this section.
(f) Alternative implementation approaches . (1) The Director may approve on a case-by-case basis approaches to
implement the Tier II or Tier III metals emission limits provided by paragraphs (c) or (d) of this section alternative to
monitoring the feed rate of metals in each feedstream.
(2) The emission limits provided by paragraph (d) of this section must be determined as follows:
(i) For each noncarcinogenic metal, by back-calculating from the RAC provided in appendix IV of this part to
determine the allowable emission rate for each metal using the dilution factor for the maximum annual average
ground level concentration predicted by dispersion modeling in conformance with paragraph (h) of this section; and
(ii) For each carcinogenic metal by:
(A) Back-calculating from the RSD provided in appendix V of this part to determine the allowable emission rate for
each metal if that metal were the only carcinogenic metal emitted using the dilution factor for the maximum annual
average ground level concentration predicted by dispersion modeling in conformance with paragraph (h) of this
section; and
(B) If more than one carcinogenic metal is emitted, selecting an emission limit for each carcinogenic metal not to
exceed the emission rate determined by paragraph (f)(2)(ii)(A) of this section such that the sum for all carcinogenic
metals of the ratios of the selected emission limit to the emission rate determined by that paragraph does not exceed
1.0.
(g) Emission testing—(1) General. Emission testing for metals shall be conducted using Method 0060,
Determinations of Metals in Stack Emissions, EPA Publication SW-846, as incorporated by reference in §260.11 of
this chapter.
(2) Hexavalent chromium. Emissions of chromium are assumed to be hexavalent chromium unless the owner or
operator conducts emissions testing to determine hexavalent chromium emissions using procedures prescribed in
Method 0061, Determination of Hexavalent Chromium Emissions from Stationary Sources, EPA Publication SW-846,
as incorporated by reference in §260.11 of this chapter.
(h) Dispersion Modeling. Dispersion modeling required under this section shall be conducted according to methods
recommended in appendix W of part 51 of this chapter ("Guideline on Air Quality Models (Revised)" (1986) and its
supplements), the "Hazardous Waste Combustion Air Quality Screening Procedure", provided in appendix IX of this
part, or in Screening Procedures for Estimating the Air Quality Impact of Stationary Sources, Revised (incorporated
by reference in §260.11) to predict the maximum annual average off-site ground level concentration. However, on-
site concentrations must be considered when a person resides on-site.
(i) Enforcement. For the purposes of permit enforcement, compliance with the operating requirements specified in the
permit (under §266.102) will be regarded as compliance with this section. However, evidence that compliance with
those permit conditions is insufficient to ensure compliance with the requirements of this section may be "information"
justifying modification or revocation and re-issuance of a permit under §270.41 of this chapter.
[56 FR 7208, Feb. 21, 1991; 56 FR 32689, July 17, 1991; 57 FR 38565, Aug. 25, 1992; 58 FR 38883, July 20, 1993;
62 FR 32463, June 13, 1997; 70 FR 34588, June 14, 2005; 71 FR 40277, July 14, 2006]
§ 266.107 Standards to control hydrogen chloride (HCI) and chlorine gas (CI2) emissions.
(a) General. The owner or operator must comply with the hydrogen chloride (HCI) and chlorine (CI2) controls
provided by paragraph (b), (c), or (e) of this section.
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(b) Screening limits —(1) Tier I feed rate screening limits. Feed rate screening limits are specified for total chlorine in
appendix II of this part as a function of terrain-adjusted effective stack height and terrain and land use in the vicinity of
the facility. The feed rate of total chlorine and chloride, both organic and inorganic, in all feed streams, including
hazardous waste, fuels, and industrial furnace feed stocks shall not exceed the levels specified.
(2) Tier II emission rate screening limits. Emission rate screening limits for HCI and C^are specified in appendix III of
this part as a function of terrain-adjusted effective stack height and terrain and land use in the vicinity of the facility.
The stack emission rates of HCI and C^shall not exceed the levels specified.
(3) Definitions and limitations. The definitions and limitations provided by §266.106(b) for the following terms also
apply to the screening limits provided by this paragraph: terrain-adjusted effective stack height, good engineering
practice stack height, terrain type, land use, and criteria for facilities not eligible to use the screening limits.
(4) Multiple stacks. Owners and operators of facilities with more than one on-site stack from a boiler, industrial
furnace, incinerator, or other thermal treatment unit subject to controls on HCI or CI2emissions under a RCRA
operating permit or interim status controls must comply with the Tier I and Tier II screening limits for those stacks
assuming all hazardous waste is fed into the device with the worst-case stack based on dispersion characteristics.
(i) The worst-case stack is determined by procedures provided in §266.106(b)(6).
(ii) Under Tier I, the total feed rate of chlorine and chloride to all subject devices shall not exceed the screening limit
for the worst-case stack.
(iii) Under Tier II, the total emissions of HCI and Cbfrom all subject stacks shall not exceed the screening limit for the
worst-case stack.
(c) Tier III site-specific risk assessments —(1) General. Conformance with the Tier III controls must be demonstrated
by emissions testing to determine the emission rate for HCI and Cb, air dispersion modeling to predict the maximum
annual average off-site ground level concentration for each compound, and a demonstration that acceptable ambient
levels are not exceeded.
(2) Acceptable ambient levels. Appendix IV of this part lists the reference air concentrations (RACs) for HCI (7
micrograms per cubic meter) and Cl2(0.4 micrograms per cubic meter).
(3) Multiple stacks. Owners and operators of facilities with more than one on-site stack from a boiler, industrial
furnace, incinerator, or other thermal treatment unit subject to controls on HCI or CI2emissions under a RCRA
operating permit or interim status controls must conduct emissions testing and dispersion modeling to demonstrate
that the aggregate emissions from all such on-site stacks do not result in an exceedance of the acceptable ambient
levels for HCI and CI2.
(d) Averaging periods. The HCI and C^controls are implemented by limiting the feed rate of total chlorine and chloride
in all feedstreams, including hazardous waste, fuels, and industrial furnace feed stocks. Under Tier I, the feed rate of
total chloride and chlorine is limited to the Tier I Screening Limits. Under Tier II and Tier III, the feed rate of total
chloride and chlorine is limited to the feed rates during the trial burn (for new facilities or an interim status facility
applying fora permit) or the compliance test (for interim status facilities). The feed rate limits are based on either:
(1) An hourly rolling average as defined in §266.102(e)(6); or
(2) An instantaneous basis not to be exceeded at any time.
(e) Adjusted Tier I feed rate screening limits. The owner or operator may adjust the feed rate screening limit provided
by appendix 11 of this part to account for site-specific dispersion modeling. Under this approach, the adjusted feed rate
screening limit is determined by back-calculating from the acceptable ambient level for CI2provided by appendix IV of
this part using dispersion modeling to determine the maximum allowable emission rate. This emission rate becomes
the adjusted Tier I feed rate screening limit.
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(f) Emissions testing. Emissions testing for HCI and C^shall be conducted using the procedures described in
Methods 0050 or 0051, EPA Publication SW-846, as incorporated by reference in §260.11 of this chapter.
(g) Dispersion modeling. Dispersion modeling shall be conducted according to the provisions of §266.106(h).
(h) Enforcement. For the purposes of permit enforcement, compliance with the operating requirements specified in
the permit (under §266.102) will be regarded as compliance with this section. However, evidence that compliance
with those permit conditions is insufficient to ensure compliance with the requirements of this section may be
"information" justifying modification or revocation and re-issuance of a permit under §270.41 of this chapter.
[56 FR 7208, Feb. 21, 1991; 56 FR 32690, July 17, 1991; 57 FR 38566, Aug. 25, 1992; 62 FR 32463, June 13, 1997]
§ 266.108 Small quantity on-site burner exemption.
(a) Exempt quantities. Owners and operators of facilities that burn hazardous waste in an on-site boiler or industrial
furnace are exempt from the requirements of this subpart provided that:
(1) The quantity of hazardous waste burned in a device for a calendar month does not exceed the limits provided in
the following table based on the terrain-adjusted effective stack height as defined in §266.106(b)(3):
Exempt Quantities for Small Quantity Burner Exemption
Terrain-adjusted
effective stack height
of device (meters)
0 to 3.9
4.0 to 5.9
6.0 to 7.9
8.0 to 9. 9
10.0 to 11. 9
12.0 to 13.9
14.0 to 15.9
16.0 to 17.9
18.0 to 19.9
20.0 to 21 .9
22.0 to 23. 9
24.0 to 25.9
26.0 to 27. 9
28.0 to 29.9
30.0 to 34.9
35.0 to 39. 9
Allowable hazardous
waste burning rate
(gallons/month)
0
13
18
27
40
48
59
69
76
84
93
100
110
130
140
170
Terrain-adjusted
effective stack height
of device (meters)
40.0 to 44. 9
45.0 to 49.9
50.0 to 54.9
55.0 to 59. 9
60.0 to 64.9
65.0 to 69. 9
70.0 to 74.9
75.0 to 79. 9
80.0 to 84. 9
85.0 to 89. 9
90.0 to 94. 9
95.0 to 99. 9
100.0 to 104.9
105.0 to 109.9
110.0 to 114.9
115.0 or greater
Allowable hazardous
waste burning rate
(gallons/month)
210
260
330
400
490
610
680
760
850
960
1,100
1,200
1,300
1,500
1,700
1,900
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(2) The maximum hazardous waste firing rate does not exceed at any time 1 percent of the total fuel requirements for
the device (hazardous waste plus other fuel) on a total heat input or mass input basis, whichever results in the lower
mass feed rate of hazardous waste.
(3) The hazardous waste has a minimum heating value of 5,000 Btu/lb, as generated; and
(4) The hazardous waste fuel does not contain (and is not derived from) EPA Hazardous Waste Nos. F020, F021 ,
F022, F023, F026, or F027.
(b) Mixing with nonhazardous fuels. If hazardous waste fuel is mixed with a nonhazardous fuel, the quantity of
hazardous waste before such mixing is used to comply with paragraph (a).
(c) Multiple stacks. If an owner or operator burns hazardous waste in more than one on-site boiler or industrial
furnace exempt under this section, the quantity limits provided by paragraph (a)(1) of this section are implemented
according to the following equation:
JS-, Actual Quantity Burned,*-.
y - - — - - ^-
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§ 266.109 Low risk waste exemption.
(a) Waiver of ORE standard. The ORE standard of §266.104(a) does not apply if the boiler or industrial furnace is
operated in conformance with (a)(1) of this section and the owner or operator demonstrates by procedures prescribed
in (a)(2) of this section that the burning will not result in unacceptable adverse health effects.
(1) The device shall be operated as follows:
(i) A minimum of 50 percent of fuel fired to the device shall be fossil fuel, fuels derived from fossil fuel, tall oil, or, if
approved by the Director on a case-by-case basis, other nonhazardous fuel with combustion characteristics
comparable to fossil fuel. Such fuels are termed "primary fuel" for purposes of this section. (Tall oil is a fuel derived
from vegetable and rosin fatty acids.) The 50 percent primary fuel firing rate shall be determined on a total heat or
mass input basis, whichever results in the greater mass feed rate of primary fuel fired;
(ii) Primary fuels and hazardous waste fuels shall have a minimum as-fired heating value of 8,000 Btu/lb;
(iii) The hazardous waste is fired directly into the primary fuel flame zone of the combustion chamber; and
(iv) The device operates in conformance with the carbon monoxide controls provided by §266.104(b)(1). Devices
subject to the exemption provided by this section are not eligible for the alternative carbon monoxide controls
provided by §266.104(c).
(2) Procedures to demonstrate that the hazardous waste burning will not pose unacceptable adverse public health
effects are as follows:
(i) Identify and quantify those nonmetal compounds listed in appendix VIII, part 261 of this chapter that could
reasonably be expected to be present in the hazardous waste. The constituents excluded from analysis must be
identified and the basis for their exclusion explained;
(ii) Calculate reasonable, worst case emission rates for each constituent identified in paragraph (a)(2)(i) of this
section by assuming the device achieves 99.9 percent destruction and removal efficiency. That is, assume that 0.1
percent of the mass weight of each constituent fed to the device is emitted.
(iii) For each constituent identified in paragraph (a)(2)(i) of this section, use emissions dispersion modeling to predict
the maximum annual average ground level concentration of the constituent.
(A) Dispersion modeling shall be conducted using methods specified in §266.106(h).
(B) Owners and operators of facilities with more than one on-site stack from a boiler or industrial furnace that is
exempt under this section must conduct dispersion modeling of emissions from all stacks exempt under this section
to predict ambient levels prescribed by this paragraph.
(iv) Ground level concentrations of constituents predicted under paragraph (a)(2)(iii) of this section must not exceed
the following levels:
(A) For the noncarcinogenic compounds listed in appendix IV of this part, the levels established in appendix IV;
(B) For the carcinogenic compounds listed in appendix V of this part, the sum for all constituents of the ratios of the
actual ground level concentration to the level established in appendix V cannot exceed 1.0; and
(C) For constituents not listed in appendix IV or V, 0.1 micrograms per cubic meter.
(b) Waiver of particulate matter standard. The particulate matter standard of §266.105 does not apply if:
(1) The ORE standard is waived under paragraph (a) of this section; and
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(2) The owner or operator complies with the Tier I or adjusted Tier I metals feed rate screening limits provided by
§266.106 (b) or (e).
[56 FR 7208, Feb. 21, 1991; 56 FR 32690, July 17, 1991, as amended at 56 FR 42515, Aug. 27, 1991; 71 FR 40277,
July 14, 2006]
§ 266.110 Waiver of ORE trial burn for boilers.
Boilers that operate under the special requirements of this section, and that do not burn hazardous waste containing
(or derived from) EPA Hazardous Waste Nos. F020, F021, F022, F023, F026, or F027, are considered to be in
conformance with the ORE standard of §266.104(a), and a trial burn to demonstrate ORE is waived. When burning
hazardous waste:
(a) A minimum of 50 percent of fuel fired to the device shall be fossil fuel, fuels derived from fossil fuel, tall oil, or, if
approved by the Director on a case-by-case basis, other nonhazardous fuel with combustion characteristics
comparable to fossil fuel. Such fuels are termed "primary fuel" for purposes of this section. (Tall oil is a fuel derived
from vegetable and rosin fatty acids.) The 50 percent primary fuel firing rate shall be determined on a total heat or
mass input basis, whichever results in the greater mass feed rate of primary fuel fired;
(b) Boiler load shall not be less than 40 percent. Boiler load is the ratio at any time of the total heat input to the
maximum design heat input;
(c) Primary fuels and hazardous waste fuels shall have a minimum as-fired heating value of 8,000 Btu/lb, and each
material fired in a burner where hazardous waste is fired must have a heating value of at least 8,000 Btu/lb, as-fired;
(d) The device shall operate in conformance with the carbon monoxide standard provided by §266.104(b)(1). Boilers
subject to the waiver of the ORE trial burn provided by this section are not eligible for the alternative carbon monoxide
standard provided by §266.104(c);
(e) The boiler must be a watertube type boiler that does not feed fuel using a stoker or stoker type mechanism; and
(f) The hazardous waste shall be fired directly into the primary fuel flame zone of the combustion chamber with an air
or steam atomization firing system, mechanical atomization system, or a rotary cup atomization system under the
following conditions:
(1) Viscosity. The viscosity of the hazardous waste fuel as-fired shall not exceed 300 SSU;
(2) Particle size. When a high pressure air or steam atomizer, low pressure atomizer, or mechanical atomizer is used,
70% of the hazardous waste fuel must pass through a 200 mesh (74 micron) screen, and when a rotary cup atomizer
is used, 70% of the hazardous waste must pass through a 100 mesh (150 micron) screen;
(3) Mechanical atomization systems. Fuel pressure within a mechanical atomization system and fuel flow rate shall
be maintained within the design range taking into account the viscosity and volatility of the fuel;
(4) Rotary cup atomization systems. Fuel flow rate through a rotary cup atomization system must be maintained
within the design range taking into account the viscosity and volatility of the fuel.
[56 FR 7208, Feb. 21, 1991; 56 FR 32690, July 17, 1991, as amended at 56 FR 42515, Aug. 27, 1991]
§ 266.111 Standards for direct transfer.
(a) Applicability. The regulations in this section apply to owners and operators of boilers and industrial furnaces
subject to §§266.102 or 266.103 if hazardous waste is directly transferred from a transport vehicle to a boiler or
industrial furnace without the use of a storage unit.
(b) Definitions. (1) When used in this section, the following terms have the meanings given below:
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Direct transfer equipment means any device (including but not limited to, such devices as piping, fittings, flanges,
valves, and pumps) that is used to distribute, meter, or control the flow of hazardous waste between a container (i.e.,
transport vehicle) and a boiler or industrial furnace.
Container means any portable device in which hazardous waste is transported, stored, treated, or otherwise handled,
and includes transport vehicles that are containers themselves (e.g., tank trucks, tanker-trailers, and rail tank cars),
and containers placed on or in a transport vehicle.
(2) This section references several requirements provided in subparts I and J of parts 264 and 265. For purposes of
this section, the term "tank systems" in those referenced requirements means direct transfer equipment as defined in
paragraph (b)(1) of this section.
(c) General operating requirements. (1) No direct transfer of a pumpable hazardous waste shall be conducted from
an open-top container to a boiler or industrial furnace.
(2) Direct transfer equipment used for pumpable hazardous waste shall always be closed, except when necessary to
add or remove the waste, and shall not be opened, handled, or stored in a manner that may cause any rupture or
leak.
(3) The direct transfer of hazardous waste to a boiler or industrial furnace shall be conducted so that it does not:
(i) Generate extreme heat or pressure, fire, explosion, or violent reaction;
(ii) Produce uncontrolled toxic mists, fumes, dusts, or gases in sufficient quantities to threaten human health;
(iii) Produce uncontrolled flammable fumes or gases in sufficient quantities to pose a risk of fire or explosions;
(iv) Damage the structural integrity of the container or direct transfer equipment containing the waste;
(v) Adversely affect the capability of the boiler or industrial furnace to meet the standards provided by §§266.104
through 266.107; or
(vi) Threaten human health or the environment.
(4) Hazardous waste shall not be placed in direct transfer equipment, if it could cause the equipment or its secondary
containment system to rupture, leak, corrode, or otherwise fail.
(5) The owner or operator of the facility shall use appropriate controls and practices to prevent spills and overflows
from the direct transfer equipment or its secondary containment systems. These include at a minimum:
(i) Spill prevention controls (e.g., check valves, dry discount couplings); and
(ii) Automatic waste feed cutoff to use if a leak or spill occurs from the direct transfer equipment.
(d) /Areas where direct transfer vehicles (containers) are located. Applying the definition of container under this
section, owners and operators must comply with the following requirements:
(1)The containment requirements of §264.175 of this chapter;
(2) The use and management requirements of subpart I, part 265 of this chapter, except for §§265.170 and 265.174,
and except that in lieu of the special requirements of §265.176 for ignitable or reactive waste, the owner or operator
may comply with the requirements for the maintenance of protective distances between the waste management area
and any public ways, streets, alleys, or an adjacent property line that can be built upon as required in Tables 2-1
through 2-6 of the National Fire Protection Association's (NFPA) "Flammable and Combustible Liquids Code," (1977
or 1981), (incorporated by reference, see §260.11). The owner or operator must obtain and keep on file at the facility
a written certification by the local Fire Marshall that the installation meets the subject NFPA codes; and
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(3) The closure requirements of §264.178 of this chapter.
(e) Direct transfer equipment. Direct transfer equipment must meet the following requirements:
(1) Secondary containment. Owners and operators shall comply with the secondary containment requirements of
§265.193 of this chapter, except for paragraphs 265.193 (a), (d), (e), and (i) as follows:
(i) For all new direct transfer equipment, prior to their being put into service; and
(ii) For existing direct transfer equipment within 2 years after August 21, 1991.
(2) Requirements prior to meeting secondary containment requirements, (i) For existing direct transfer equipment that
does not have secondary containment, the owner or operator shall determine whether the equipment is leaking or is
unfit for use. The owner or operator shall obtain and keep on file at the facility a written assessment reviewed and
certified by a qualified, registered professional engineer in accordance with §270.11(d) of this chapter that attests to
the equipment's integrity by August 21, 1992.
(ii) This assessment shall determine whether the direct transfer equipment is adequately designed and has sufficient
structural strength and compatibility with the waste(s) to be transferred to ensure that it will not collapse, rupture, or
fail. At a minimum, this assessment shall consider the following:
(A) Design standard(s), if available, according to which the direct transfer equipment was constructed;
(B) Hazardous characteristics of the waste(s) that have been or will be handled;
(C) Existing corrosion protection measures;
(D) Documented age of the equipment, if available, (otherwise, an estimate of the age); and
(E) Results of a leak test or other integrity examination such that the effects of temperature variations, vapor pockets,
cracks, leaks, corrosion, and erosion are accounted for.
(iii) If, as a result of the assessment specified above, the direct transfer equipment is found to be leaking or unfit for
use, the owner or operator shall comply with the requirements of §§265.196 (a) and (b) of this chapter.
(3) Inspections and recordkeeping. (i) The owner or operator must inspect at least once each operating hour when
hazardous waste is being transferred from the transport vehicle (container) to the boiler or industrial furnace:
(A) Overfill/spill control equipment (e.g., waste-feed cutoff systems, bypass systems, and drainage systems) to
ensure that it is in good working order;
(B) The above ground portions of the direct transfer equipment to detect corrosion, erosion, or releases of waste
(e.g., wet spots, dead vegetation); and
(C) Data gathered from monitoring equipment and leak-detection equipment, (e.g., pressure and temperature
gauges) to ensure that the direct transfer equipment is being operated according to its design.
(ii) The owner or operator must inspect cathodic protection systems, if used, to ensure that they are functioning
properly according to the schedule provided by §265.195(b) of this chapter:
(iii) Records of inspections made under this paragraph shall be maintained in the operating record at the facility, and
available for inspection for at least 3 years from the date of the inspection.
(4) Design and installation of new ancillary equipment. Owners and operators must comply with the requirements of
§265.192 of this chapter.
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(5) Response to leaks or spills. Owners and operators must comply with the requirements of §265.196 of this chapter.
(6) Closure. Owners and operators must comply with the requirements of §265.197 ofthis chapter, except for
§265.197 (c)(2) through (c)(4).
[50 FR 666, Jan. 4, 1985, as amended at 56 FR 42515, Aug. 27, 1991]
§ 266.112 Regulation of residues.
A residue derived from the burning or processing of hazardous waste in a boiler or industrial furnace is not excluded
from the definition of a hazardous waste under §261.4(b) (4), (7), or (8) unless the device and the owner or operator
meet the following requirements:
(a) The device meets the following criteria:
(1) Boilers. Boilers must burn at least 50% coal on a total heat input or mass input basis, whichever results in the
greater mass feed rate of coal;
(2) Ore or mineral furnaces. Industrial furnaces subject to §261.4(b)(7) must process at least 50% by weight normal,
nonhazardous raw materials;
(3) Cement kilns. Cement kilns must process at least 50% by weight normal cement-production raw materials;
(b) The owner or operator demonstrates that the hazardous waste does not significantly affect the residue by
demonstrating conformance with either of the following criteria:
(1) Comparison of waste-derived residue with normal residue. The waste-derived residue must not contain appendix
VIII, part 261 constituents (toxic constituents) that could reasonably be attributable to the hazardous waste at
concentrations significantly higher than in residue generated without burning or processing of hazardous waste, using
the following procedure. Toxic compounds that could reasonably be attributable to burning or processing the
hazardous waste (constituents of concern) include toxic constituents in the hazardous waste, and the organic
compounds listed in appendix VIII ofthis part that may be generated as products of incomplete combustion. For
polychlorinated dibenzo-p-dioxins and polychlorinated dibenzo-furans, analyses must be performed to determine
specific congeners and homologues, and the results converted to 2,3,7,8-TCDD equivalent values using the
procedure specified in section 4.0 of appendix IX of this part.
(i) Normal residue. Concentrations of toxic constituents of concern in normal residue shall be determined based on
analyses of a minimum of 10 samples representing a minimum of 10 days of operation. Composite samples may be
used to develop a sample for analysis provided that the compositing period does not exceed 24 hours. The upper
tolerance limit (at 95% confidence with a 95% proportion of the sample distribution) of the concentration in the normal
residue shall be considered the statistically-derived concentration in the normal residue. If changes in raw materials
or fuels reduce the statistically-derived concentrations of the toxic constituents of concern in the normal residue, the
statistically-derived concentrations must be revised or statistically-derived concentrations of toxic constituents in
normal residue must be established for a new mode of operation with the new raw material or fuel. To determine the
upper tolerance limit in the normal residue, the owner or operator shall use statistical procedures prescribed in
"Statistical Methodology for Bevill Residue Determinations" in appendix IX ofthis part.
(ii) Waste-derived residue. Waste-derived residue shall be sampled and analyzed as often as necessary to determine
whether the residue generated during each 24-hour period has concentrations of toxic constituents that are higher
than the concentrations established for the normal residue under paragraph (b)(1)(i) ofthis section. If so, hazardous
waste burning has significantly affected the residue and the residue shall not be excluded from the definition of a
hazardous waste. Concentrations of toxic constituents of concern in the waste-derived residue shall be determined
based on analysis of one or more samples obtained over a 24-hour period. Multiple samples may be analyzed, and
multiple samples may be taken to form a composite sample for analysis provided that the sampling period does not
exceed 24 hours. If more than one sample is analyzed to characterize waste-derived residues generated over a 24-
hour period, the concentration of each toxic constituent shall be the arithmetic mean of the concentrations in the
samples. No results may be disregarded; or
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(2) Comparison of waste-derived residue concentrations with health-based limits —(i) Nonmetal constituents: The
concentration of each nonmetal toxic constituent of concern (specified in paragraph (b)(1) of this section) in the
waste-derived residue must not exceed the health-based level specified in appendix VII of this part, or the level of
detection, whichever is higher. If a health-based limit for a constituent of concern is not listed in appendix VII of this
part, then a limit of 0.002 micrograms per kilogram or the level of detection (which must be determined by using
appropriate analytical procedures), whichever is higher, must be used. The levels specified in appendix VII of this part
(and the default level of 0.002 micrograms per kilogram or the level of detection for constituents as identified in Note
1 of appendix VII of this chapter) are administratively stayed under the condition, for those constituents specified in
paragraph (b)(1) of this section, that the owner or operator complies with alternative levels defined as the land
disposal restriction limits specified in §268.43 of this chapter for F039 nonwastewaters. In complying with those
alternative levels, if an owner or operator is unable to detect a constituent despite documenting use of best good-faith
efforts as defined by applicable Agency guidance or standards, the owner or operator is deemed to be in compliance
for that constituent. Until new guidance or standards are developed, the owner or operator may demonstrate such
good-faith efforts by achieving a detection limit for the constituent that does not exceed an order of magnitude above
the level provided by §268.43 of this chapter for F039 nonwastewaters. In complying with the §268.43 of this chapter
F039 nonwastewater levels for polychlorinated dibenzo-p-dioxins and polychlorinated dibenzo-furans, analyses must
be performed for total hexachlorodibenzo-p-dioxins, total hexachlorodibenzofurans, total pentachlorodibenzo-p-
dioxins, total pentachlorodibenzofurans, total tetrachlorodibenzo-p-dioxins, and total tetrachlorodibenzofurans.
Note to this paragraph (b)(2)(i): The administrative stay, under the condition that the owner or operator
complies with alternative levels defined as the land disposal restriction limits specified in §268.43 of this
chapter for F039 nonwastewaters, remains in effect until further administrative action is taken and notice
is published in the Federal Register and the Code of Federal Regulations.
(ii) Metal constituents. The concentration of metals in an extract obtained using the Toxicity Characteristic Leaching
Procedure of §261.24 of this chapter must not exceed the levels specified in appendix VII of this part; and
(iii) Sampling and analysis. Waste-derived residue shall be sampled and analyzed as often as necessary to
determine whether the residue generated during each 24-hour period has concentrations of toxic constituents that are
higher than the health-based levels. Concentrations of toxic constituents of concern in the waste-derived residue shall
be determined based on analysis of one or more samples obtained over a 24-hour period. Multiple samples may be
analyzed, and multiple samples may be taken to form a composite sample for analysis provided that the sampling
period does not exceed 24 hours. If more than one sample is analyzed to characterize waste-derived residues
generated over a 24-hour period, the concentration of each toxic constituent shall be the arithmetic mean of the
concentrations in the samples. No results may be disregarded; and
(c) Records sufficient to document compliance with the provisions of this section shall be retained until closure of the
boiler or industrial furnace unit. At a minimum, the following shall be recorded.
(1) Levels of constituents in appendix VIII, part 261, that are present in waste-derived residues;
(2) If the waste-derived residue is compared with normal residue under paragraph (b)(1) of this section:
(i) The levels of constituents in appendix VIII, part 261, that are present in normal residues; and
(ii) Data and information, including analyses of samples as necessary, obtained to determine if changes in raw
materials or fuels would reduce the concentration of toxic constituents of concern in the normal residue.
[50 FR 666, Jan. 4, 1985, as amended at 56 FR 42516, Aug. 27, 1991; 57 FR 38566, Aug. 25, 1992; 58 FR 59602,
Nov. 9, 1993; 64 FR 53076, Sept. 30, 1999; 70 FR 34588, June 14, 2005]
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Subparts I-L [Reserved]
Subpart M—Military Munitions
Source: 62 FR 6654, Feb. 12, 1997, unless otherwise noted.
§ 266.200 Applicability.
(a) The regulations in this subpart identify when military munitions become a solid waste, and, if these wastes are
also hazardous under this subpart or 40 CFR part 261, the management standards that apply to these wastes.
(b) Unless otherwise specified in this subpart, all applicable requirements in 40 CFR parts 260 through 270 apply to
waste military munitions.
§ 266.201 Definitions.
In addition to the definitions in 40 CFR 260.10, the following definitions apply to this subpart:
Active range means a military range that is currently in service and is being regularly used for range activities.
Chemical agents and munitions are defined as in 50 U.S.C. section 1521(j)(1).
Director is as defined in 40 CFR 270.2.
Explosives or munitions emergency response specialist is as defined in 40 CFR 260.10.
Explosives or munitions emergency is as defined in 40 CFR 260.10.
Explosives or munitions emergency response is as defined in 40 CFR 260.10.
Inactive range means a military range that is not currently being used, but that is still under military control and
considered by the military to be a potential range area, and that has not been put to a new use that is incompatible
with range activities.
Military means the Department of Defense (DOD), the Armed Services, Coast Guard, National Guard, Department of
Energy (DOE), or other parties under contract or acting as an agent for the foregoing, who handle military munitions.
Military munitions is as defined in 40 CFR 260.10.
Military range means designated land and water areas set aside, managed, and used to conduct research on,
develop, test, and evaluate military munitions and explosives, other ordnance, or weapon systems, or to train military
personnel in their use and handling. Ranges include firing lines and positions, maneuver areas, firing lanes, test
pads, detonation pads, impact areas, and buffer zones with restricted access and exclusionary areas.
Unexploded ordnance (UXO) means military munitions that have been primed, fused, armed, or otherwise prepared
for action, and have been fired, dropped, launched, projected, or placed in such a manner as to constitute a hazard to
operations, installation, personnel, or material and remain unexploded either by malfunction, design, or any other
cause.
§ 266.202 Definition of solid waste.
(a) A military munition is not a solid waste when:
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(1) Used for its intended purpose, including:
(i) Use in training military personnel or explosives and munitions emergency response specialists (including training in
proper destruction of unused propellent or other munitions); or
(ii) Use in research, development, testing, and evaluation of military munitions, weapons, or weapon systems; or
(iii) Recovery, collection, and on-range destruction of unexploded ordnance and munitions fragments during range
clearance activities at active or inactive ranges. However, "use for intended purpose" does not include the on-range
disposal or burial of unexploded ordnance and contaminants when the burial is not a result of product use.
(2) An unused munition, or component thereof, is being repaired, reused, recycled, reclaimed, disassembled,
reconfigured, or otherwise subjected to materials recovery activities, unless such activities involve use constituting
disposal as defined in 40 CFR 261.2(c)(1), or burning for energy recovery as defined in 40 CFR 261.2(c)(2).
(b) An unused military munition is a solid waste when any of the following occurs:
(1) The munition is abandoned by being disposed of, burned, detonated (except during intended use as specified in
paragraph (a) of this section), incinerated, or treated prior to disposal; or
(2) The munition is removed from storage in a military magazine or other storage area for the purpose of being
disposed of, burned, or incinerated, or treated prior to disposal, or
(3) The munition is deteriorated or damaged (e.g., the integrity of the munition is compromised by cracks, leaks, or
other damage) to the point that it cannot be put into serviceable condition, and cannot reasonably be recycled or used
for other purposes; or
(4) The munition has been declared a solid waste by an authorized military official.
(c) A used or fired military munition is a solid waste:
(1) When transported off range or from the site of use, where the site of use is not a range, for the purposes of
storage, reclamation, treatment, disposal, or treatment prior to disposal; or
(2) If recovered, collected, and then disposed of by burial, or landfilling either on or off a range.
(d) For purposes of RCRA section 1004(27), a used or fired military munition is a solid waste, and, therefore, is
potentially subject to RCRA corrective action authorities under sections 3004(u) and (v), and 3008(h), or imminent
and substantial endangerment authorities under section 7003, if the munition lands off-range and is not promptly
rendered safe and/or retrieved. Any imminent and substantial threats associated with any remaining material must be
addressed. If remedial action is infeasible, the operator of the range must maintain a record of the event for as long
as any threat remains. The record must include the type of munition and its location (to the extent the location is
known).
§ 266.203 Standards applicable to the transportation of solid waste military munitions.
(a) Criteria for hazardous waste regulation of waste non-chemical military munitions in transportation. (1) Waste
military munitions that are being transported and that exhibit a hazardous waste characteristic or are listed as
hazardous waste under 40 CFR part 261, are listed or identified as a hazardous waste (and thus are subject to
regulation under 40 CFR parts 260 through 270), unless all the following conditions are met:
(i) The waste military munitions are not chemical agents or chemical munitions;
(ii) The waste military munitions must be transported in accordance with the Department of Defense shipping controls
applicable to the transport of military munitions;
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(iii) The waste military munitions must be transported from a military owned or operated installation to a military
owned or operated treatment, storage, or disposal facility; and
(iv) The transporter of the waste must provide oral notice to the Director within 24 hours from the time the transporter
becomes aware of any loss or theft of the waste military munitions, or any failure to meet a condition of paragraph
(a)(1) of this section that may endanger health or the environment. In addition, a written submission describing the
circumstances shall be provided within 5 days from the time the transporter becomes aware of any loss or theft of the
waste military munitions or any failure to meet a condition of paragraph (a)(1) of this section.
(2) If any waste military munitions shipped under paragraph (a)(1) of this section are not received by the receiving
facility within 45 days of the day the waste was shipped, the owner or operator of the receiving facility must report this
non-receipt to the Director within 5 days.
(3) The exemption in paragraph (a)(1) of this section from regulation as hazardous waste shall apply only to the
transportation of non-chemical waste military munitions. It does not affect the regulatory status of waste military
munitions as hazardous wastes with regard to storage, treatment or disposal.
(4) The conditional exemption in paragraph (a)(1) of this section applies only so long as all of the conditions in
paragraph (a)(1) of this section are met.
(b) Reinstatement of exemption. If any waste military munition loses its exemption under paragraph (a)(1) of this
section, an application may be filed with the Director for reinstatement of the exemption from hazardous waste
transportation regulation with respect to such munition as soon as the munition is returned to compliance with the
conditions of paragraph (a)(1) of this section. If the Director finds that reinstatement of the exemption is appropriate
based on factors such as the transporter's provision of a satisfactory explanation of the circumstances of the violation,
or a demonstration that the violations are not likely to recur, the Director may reinstate the exemption under
paragraph (a)(1) of this section. If the Director does not take action on the reinstatement application within 60 days
after receipt of the application, then reinstatement shall be deemed granted, retroactive to the date of the application.
However, the Director may terminate a conditional exemption reinstated by default in the preceding sentence if the
Director finds that reinstatement is inappropriate based on factors such as the transporter's failure to provide a
satisfactory explanation of the circumstances of the violation, or failure to demonstrate that the violations are not likely
to recur. In reinstating the exemption under paragraph (a)(1) of this section, the Director may specify additional
conditions as are necessary to ensure and document proper transportation to protect human health and the
environment.
(c) Amendments to DOD shipping controls. The Department of Defense shipping controls applicable to the transport
of military munitions referenced in paragraph (a)(1)(ii) of this section are Government Bill of Lading (GBL) (GSA
Standard Form 1109), requisition tracking form DD Form 1348, the Signature and Talley Record (DD Form 1907),
Special Instructions for Motor Vehicle Drivers (DD Form 836), and the Motor Vehicle Inspection Report (DD Form
626) in effect on November 8, 1995, except as provided in the following sentence. Any amendments to the
Department of Defense shipping controls shall become effective for purposes of paragraph (a)(1) of this section on
the date the Department of Defense publishes notice in the Federal Register that the shipping controls referenced in
paragraph (a)(1)(ii) of this section have been amended.
§ 266.204 Standards applicable to emergency responses.
Explosives and munitions emergencies involving military munitions or explosives are subject to 40 CFR 262.10(i),
263.10(e), 264.1(g)(8),265.1(c)(11), and 270.1(c)(3), or alternatively to 40 CFR 270.61.
§ 266.205 Standards applicable to the storage of solid waste military munitions.
(a) Criteria for hazardous waste regulation of waste non-chemical military munitions in storage. (1) Waste military
munitions in storage that exhibit a hazardous waste characteristic or are listed as hazardous waste under 40 CFR
Part 261, are listed or identified as a hazardous waste (and thus are subject to regulation under 40 CFR Parts 260
through 279), unless all the following conditions are met:
(i) The waste military munitions are not chemical agents or chemical munitions.
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(ii) The waste military munitions must be subject to the jurisdiction of the Department of Defense Explosives Safety
Board (DDESB).
(iii) The waste military munitions must be stored in accordance with the DDESB storage standards applicable to
waste military munitions.
(iv) Within 90 days of August 12, 1997 or within 90 days of when a storage unit is first used to store waste military
munitions, whichever is later, the owner or operator must notify the Director of the location of any waste storage unit
used to store waste military munitions for which the conditional exemption in paragraph (a)(1) is claimed.
(v) The owner or operator must provide oral notice to the Director within 24 hours from the time the owner or operator
becomes aware of any loss or theft of the waste military munitions, or any failure to meet a condition of paragraph
(a)(1) that may endanger health or the environment. In addition, a written submission describing the circumstances
shall be provided within 5 days from the time the owner or operator becomes aware of any loss or theft of the waste
military munitions or any failure to meet a condition of paragraph (a)(1) of this section.
(vi) The owner or operator must inventory the waste military munitions at least annually, must inspect the waste
military munitions at least quarterly for compliance with the conditions of paragraph (a)(1) of this section, and must
maintain records of the findings of these inventories and inspections for at least three years.
(vii) Access to the stored waste military munitions must be limited to appropriately trained and authorized personnel.
(2) The conditional exemption in paragraph (a)(1) of this section from regulation as hazardous waste shall apply only
to the storage of non-chemical waste military munitions. It does not affect the regulatory status of waste military
munitions as hazardous wastes with regard to transportation, treatment or disposal.
(3) The conditional exemption in paragraph (a)(1) of this section applies only so long as all of the conditions in
paragraph (a)(1) of this section are met.
(b) Notice of termination of waste storage. The owner or operator must notify the Director when a storage unit
identified in paragraph (a)(1 )(iv) of this section will no longer be used to store waste military munitions.
(c) Reinstatement of conditional exemption. If any waste military munition loses its conditional exemption under
paragraph (a)(1) of this section, an application may be filed with the Director for reinstatement of the conditional
exemption from hazardous waste storage regulation with respect to such munition as soon as the munition is
returned to compliance with the conditions of paragraph (a)(1) of this section. If the Director finds that reinstatement
of the conditional exemption is appropriate based on factors such as the owner's or operator's provision of a
satisfactory explanation of the circumstances of the violation, or a demonstration that the violations are not likely to
recur, the Director may reinstate the conditional exemption under paragraph (a)(1) of this section. If the Director does
not take action on the reinstatement application within 60 days after receipt of the application, then reinstatement
shall be deemed granted, retroactive to the date of the application. However, the Director may terminate a conditional
exemption reinstated by default in the preceding sentence if he/she finds that reinstatement is inappropriate based on
factors such as the owner's or operator's failure to provide a satisfactory explanation of the circumstances of the
violation, or failure to demonstrate that the violations are not likely to recur. In reinstating the conditional exemption
under paragraph (a)(1) of this section, the Director may specify additional conditions as are necessary to ensure and
document proper storage to protect human health and the environment.
(d) Waste chemical munitions. (1) Waste military munitions that are chemical agents or chemical munitions and that
exhibit a hazardous waste characteristic or are listed as hazardous waste under 40 CFR Part 261, are listed or
identified as a hazardous waste and shall be subject to the applicable regulatory requirements of RCRA subtitle C.
(2) Waste military munitions that are chemical agents or chemical munitions and that exhibit a hazardous waste
characteristic or are listed as hazardous waste under 40 CFR Part 261, are not subject to the storage prohibition in
RCRA section 3004Q), codified at 40 CFR 268.50.
(e) Amendments to DDESB storage standards. The DDESB storage standards applicable to waste military munitions,
referenced in paragraph (a)(1)(iii) of this section, are DOD 6055.9-STD ("DOD Ammunition and Explosive Safety
Standards"), in effect on November 8, 1995, except as provided in the following sentence. Any amendments to the
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DDESB storage standards shall become effective for purposes of paragraph (a)(1) of this section on the date the
Department of Defense publishes notice in the Federal Register that the DDESB standards referenced in paragraph
(a)(1) of this section have been amended.
§ 266.206 Standards applicable to the treatment and disposal of waste military munitions.
The treatment and disposal of hazardous waste military munitions are subject to the applicable permitting,
procedural, and technical standards in 40 CFR Parts 260 through 270.
Subpart N—Conditional Exemption for Low-Level Mixed Waste Storage,
Treatment, Transportation and Disposal.
Source: 66 FR 27262, May 16, 2001, unless otherwise noted.
Terms
§ 266.210 What definitions apply to this subpart?
This subpart uses the following special definitions:
Agreement State means a state that has entered into an agreement with the NRC under subsection 274b of the
Atomic Energy Act of 1954, as amended (68 Stat. 919), to assume responsibility for regulating within its borders
byproduct, source, or special nuclear material in quantities not sufficient to form a critical mass.
Certified delivery means certified mail with return receipt requested, or equivalent courier service, or other means,
that provides the sender with a receipt confirming delivery.
Director refers to the definition in 40 CFR 270.2.
Eligible Naturally Occurring and/or Accelerator-produced Radioactive Material (NARM) is NARM that is eligible for the
Transportation and Disposal Conditional Exemption. It is a NARM waste that contains RCRA hazardous waste,
meets the waste acceptance criteria of, and is allowed by State NARM regulations to be disposed of at a low-level
radioactive waste disposal facility (LLRWDF) licensed in accordance with 10 CFR part 61 or NRC Agreement State
equivalent regulations.
Exempted waste means a waste that meets the eligibility criteria in 266.225 and meets all of the conditions in
§266.230, or meets the eligibility criteria in 40 CFR 266.310 and complies with all the conditions in §266.315. Such
waste is conditionally exempted from the regulatory definition of hazardous waste described in 40 CFR 261.3.
Hazardous Waste means any material which is defined to be hazardous waste in accordance with 40 CFR 261.3,
"Definition of Hazardous Waste."
Land Disposal Restriction (LDR) Treatment Standards means treatment standards, under 40 CFR part 268, that a
RCRA hazardous waste must meet before it can be disposed of in a RCRA hazardous waste land disposal unit.
License means a license issued by the Nuclear Regulatory Commission, or NRC Agreement State, to users that
manage radionuclides regulated by NRC, or NRC Agreement States, under authority of the Atomic Energy Act of
1954, as amended.
Low-Level Mixed Waste (LLMW) is a waste that contains both low-level radioactive waste and RCRA hazardous
waste.
Low-Level Radioactive Waste (LLW) is a radioactive waste which contains source, special nuclear, or byproduct
material, and which is not classified as high-level radioactive waste, transuranic waste, spent nuclear fuel, or
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byproduct material as defined in section 11e.(2) of the Atomic Energy Act. (See also NRC definition of "waste" at 10
CFR61.2)
Mixed Waste means a waste that contains both RCRA hazardous waste and source, special nuclear, or byproduct
material subject to the Atomic Energy Act of 1954, as amended.
Naturally Occurring and/or Accelerator-produced Radioactive Material (NARM) means radioactive materials that:
(1) Are naturally occurring and are not source, special nuclear, or byproduct materials (as defined by the AEA) or
(2) Are produced by an accelerator. NARM is regulated by the States under State law, or by DOE (as authorized by
the AEA) under DOE orders.
NRC means the U. S. Nuclear Regulatory Commission.
We or us within this subpart, means the Director as defined in 40 CFR 270.2.
You means a generator, treater, or other handler of low-level mixed waste or eligible NARM.
§ 266.220 What does a storage and treatment conditional exemption do?
The storage and treatment conditional exemption exempts your low-level mixed waste from the regulatory definition
of hazardous waste in 40 CFR 261.3 if your waste meets the eligibility criteria in §266.225 and you meet the
conditions in §266.230.
§ 266.225 What wastes are eligible for the storage and treatment conditional exemption?
Low-level mixed waste (LLMW), defined in §266.210, is eligible for this conditional exemption if it is generated and
managed by you under a single NRC or NRC Agreement State license. (Mixed waste generated at a facility with a
different license number and shipped to your facility for storage or treatment requires a permit and is ineligible for this
exemption. In addition, NARM waste is ineligible this exemption.)
§ 266.230 What conditions must you meet for your LLMW to qualify for and maintain a storage
and treatment exemption?
(a) For your LLMW to qualify for the exemption you must notify us in writing by certified delivery that you are claiming
a conditional exemption for the LLMW stored on your facility. The dated notification must include your name, address,
RCRA identification number, NRC or NRC Agreement State license number, the waste code(s) and storage unit(s)
for which you are seeking an exemption, and a statement that you meet the conditions of this subpart. Your
notification must be signed by your authorized representative who certifies that the information in the notification is
true, accurate, and complete. You must notify us of your claim either within 90 days of the effective date of this rule in
your State, or within 90 days of when a storage unit is first used to store conditionally exempt LLMW.
(b) To qualify for and maintain an exemption for your LLMW you must:
(1) Store your LLMW waste in tanks or containers in compliance with the requirements of your license that apply to
the proper storage of low-level radioactive waste (not including those license requirements that relate solely to
recordkeeping);
(2) Store your LLMW in tanks or containers in compliance with chemical compatibility requirements of a tank or
container in 40 CFR 264.177, or 264.199 or 40 CFR 265.177, or 265.199;
55
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(3) Certify that facility personnel who manage stored conditionally exempt LLMW are trained in a manner that
ensures that the conditionally exempt waste is safely managed and includes training in chemical waste management
and hazardous materials incidents response that meets the personnel training standards found in 40 CFR
265.16(a)(3);
(4) Conduct an inventory of your stored conditionally exempt LLMW at least annually and inspect it at least quarterly
for compliance with subpart N of this part; and
(5) Maintain an accurate emergency plan and provide it to all local authorities who may have to respond to a fire,
explosion, or release of hazardous waste or hazardous constituents. Your plan must describe emergency response
arrangements with local authorities; describe evacuation plans; list the names, addresses, and telephone numbers of
all facility personnel qualified to work with local authorities as emergency coordinators; and list emergency
equipment.
§ 266.235 What waste treatment does the storage and treatment conditional exemption allow?
You may treat your low-level mixed waste at your facility within a tank or container in accordance with the terms of
your NRC or NRC Agreement State license. Treatment that cannot be done in a tank or container without a RCRA
permit (such as incineration) is not allowed under this exemption.
§ 266.240 How could you lose the conditional exemption for your LLMW and what action must
you take?
(a) Your LLMW will automatically lose the storage and treatment conditional exemption if you fail to meet any of the
conditions specified in §266.230. When your LLMW loses the exemption, you must immediately manage that waste
which failed the condition as RCRA hazardous waste, and the storage unit storing the LLMW immediately becomes
subject to RCRA hazardous waste container and/or tank storage requirements.
(1) If you fail to meet any of the conditions specified in §266.230 you must report to us and the NRC, or the oversight
agency in the NRC Agreement State, in writing by certified delivery within 30 days of learning of the failure. Your
report must be signed by your authorized representative certifying that the information provided is true, accurate, and
complete. This report must include:
(i) The specific condition(s) you failed to meet;
(ii) A description of the LLMW (including the waste name, hazardous waste codes and quantity) and storage location
at the facility; and
(iii) The date(s) on which you failed to meet the condition(s).
(2) If the failure to meet any of the conditions may endanger human health or the environment, you must also
immediately notify us orally within 24 hours and follow up with a written notification within five days. Failures that may
endanger human health or the environment include, but are not limited to, discharge of a CERCLA reportable quantity
or other leaking or exploding tanks or containers, or detection of radionuclides above background or hazardous
constituents in the leachate collection system of a storage area. If the failure may endanger human health or the
environment, you must follow the provisions of your emergency plan.
(b) We may terminate your conditional exemption for your LLMW, or require you to meet additional conditions to
claim a conditional exemption, for serious or repeated noncompliance with any requirement(s) of subpart N of this
part.
56
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§ 266.245 If you lose the storage and treatment conditional exemption for your LLMW, can the
exemption be reclaimed?
(a) You may reclaim the storage and treatment exemption for your LLMW if:
(1) You again meet the conditions specified in §266.230; and
(2) You send us a notice by certified delivery that you are reclaiming the exemption for your LLMW. Your notice must
be signed by your authorized representative certifying that the information contained in your notice is true, complete,
and accurate. In your notice you must do the following:
(i) Explain the circumstances of each failure.
(ii) Certify that you have corrected each failure that caused you to lose the exemption for your LLMW and that you
again meet all the conditions as of the date you specify.
(iii) Describe plans that you have implemented, listing specific steps you have taken, to ensure the conditions will be
met in the future.
(iv) Include any other information you want us to consider when we review your notice reclaiming the exemption.
(b) We may terminate a reclaimed conditional exemption if we find that your claim is inappropriate based on factors
including, but not limited to, the following: you have failed to correct the problem; you explained the circumstances of
the failure unsatisfactorily; or you failed to implement a plan with steps to prevent another failure to meet the
conditions of §266.230. In reviewing a reclaimed conditional exemption under this section, we may add conditions to
the exemption to ensure that waste management during storage and treatment of the LLMW will protect human
health and the environment.
§ 266.250 What records must you keep at your facility and for how long?
(a) In addition to those records required by your NRC or NRC Agreement State license, you must keep records as
follows:
(1) Your initial notification records, return receipts, reports to us of failure(s) to meet the exemption conditions, and all
records supporting any reclaim of an exemption;
(2) Records of your LLMW annual inventories, and quarterly inspections;
(3) Your certification that facility personnel who manage stored mixed waste are trained in safe management of
LLMW including training in chemical waste management and hazardous materials incidents response; and
(4) Your emergency plan as specified in §266.230(b).
(b) You must maintain records concerning notification, personnel trained, and your emergency plan for as long as you
claim this exemption and for three years thereafter, or in accordance with NRC regulations under 10 CFR part 20 (or
equivalent NRC Agreement State regulations), whichever is longer. You must maintain records concerning your
annual inventory and quarterly inspections for three years after the waste is sent for disposal, or in accordance with
NRC regulations under 10 CFR part 20 (or equivalent NRC Agreement State regulations), whichever is longer.
57
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§ 266.255 When is your LLMW no longer eligible for the storage and treatment conditional
exemption?
(a) When your LLMW has met the requirements of your NRC or NRC Agreement State license for decay-in-storage
and can be disposed of as non-radioactive waste, then the conditional exemption for storage no longer applies. On
that date your waste is subject to hazardous waste regulation under the relevant sections of 40 CFR parts 260
through 271, and the time period for accumulation of a hazardous waste as specified in 40 CFR 262.34 begins.
(b) When your conditionally exempt LLMW, which has been generated and stored under a single NRC or NRC
Agreement State license number, is removed from storage, it is no longer eligible for the storage and treatment
exemption. However, your waste may be eligible for the transportation and disposal conditional exemption at
§266.305.
§ 266.260 Do closure requirements apply to units that stored LLMW prior to the effective date of
Subpart N?
Interim status and permitted storage units that have been used to store only LLMW prior to the effective date of
subpart N of this part and, after that date, store only LLMW which becomes exempt under this subpart N, are not
subject to the closure requirements of 40 CFR parts 264 and 265. Storage units (or portions of units) that have been
used to store both LLMW and non-mixed hazardous waste prior to the effective date of subpart N or are used to store
both after that date remain subject to closure requirements with respect to the non-mixed hazardous waste.
§ 266.305 What does the transportation and disposal conditional exemption do?
This conditional exemption exempts your waste from the regulatory definition of hazardous waste in 40 CFR 261.3 if
your waste meets the eligibility criteria under §266.310, and you meet the conditions in §266.315.
§ 266.310 What wastes are eligible for the transportation and disposal conditional exemption?
Eligible waste must be:
(a) A low-level mixed waste (LLMW), as defined in §266.210, that meets the waste acceptance criteria of a LLRWDF;
and/or
(b) An eligible NARM waste, defined in §266.210.
§ 266.315 What are the conditions you must meet for your waste to qualify for and maintain the
transportation and disposal conditional exemption?
You must meet the following conditions for your eligible waste to qualify for and maintain the exemption:
(a) The eligible waste must meet or be treated to meet LDR treatment standards as described in §266.320.
58
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(b) If you are not already subject to NRC, or NRC Agreement State equivalent manifest and transportation regulations
for the shipment of your waste, you must manifest and transport your waste according to NRC regulations as
described in §266.325.
(c) The exempted waste must be in containers when it is disposed of in the LLRWDF as described in §266.340.
(d) The exempted waste must be disposed of at a designated LLRWDF as described in §266.335.
§ 266.320 What treatment standards must your eligible waste meet?
Your LLMW or eligible NARM waste must meet Land Disposal Restriction (LDR) treatment standards specified in 40
CFR part 268, subpart D.
§ 266.325 Are you subject to the manifest and transportation condition in §266.315(b)?
If you are not already subject to NRC, or NRC Agreement State equivalent manifest and transportation regulations for
the shipment of your waste, you must meet the manifest requirements under 10 CFR 20.2006 (or NRC Agreement
State equivalent regulations), and the transportation requirements under 10 CFR 1.5 (or NRC Agreement State
equivalent regulations) to ship the exempted waste.
§ 266.330 When does the transportation and disposal exemption take effect?
The exemption becomes effective once all the following have occurred:
(a) Your eligible waste meets the applicable LDR treatment standards.
(b) You have received return receipts that you have notified us and the LLRWDF as described in §266.345.
(c) You have completed the packaging and preparation for shipment requirements for your waste according to NRC
Packaging and Transportation regulations found under 10 CFR part 71 (or NRC Agreement State equivalent
regulations); and you have prepared a manifest for your waste according to NRC manifest regulations found under 10
CFR part 20 (or NRC Agreement State equivalent regulations), and
(d) You have placed your waste on a transportation vehicle destined for a LLRWDF licensed by NRC or an NRC
Agreement State.
§ 266.335 Where must your exempted waste be disposed of?
Your exempted waste must be disposed of in a LLRWDF that is regulated and licensed by NRC under 10 CFR part
61 or by an NRC Agreement State under equivalent State regulations, including State NARM licensing regulations for
eligible NARM.
§ 266.340 What type of container must be used for disposal of exempted waste?
Your exempted waste must be placed in containers before it is disposed. The container must be:
(a) A carbon steel drum; or
(b) An alternative container with equivalent containment performance in the disposal environment as a carbon steel
drum; or
(c) A high integrity container as defined by NRC.
59
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§ 266.345 Whom must you notify?
(a) You must provide a one time notice to us stating that you are claiming the transportation and disposal conditional
exemption prior to the initial shipment of an exempted waste from your facility to a LLRWDF. Your dated written
notice must include your facility name, address, phone number, and RCRA ID number, and be sent by certified
delivery.
(b) You must notify the LLRWDF receiving your exempted waste by certified delivery before shipment of each
exempted waste. You can only ship the exempted waste after you have received the return receipt of your notice to
the LLRWDF. This notification must include the following:
(1) A statement that you have claimed the exemption for the waste.
(2) A statement that the eligible waste meets applicable LDR treatment standards.
(3) Your facility's name, address, and RCRA ID number.
(4) The RCRA hazardous waste codes prior to the exemption of the waste streams.
(5) A statement that the exempted waste must be placed in a container according to §266.340 prior to disposal in
order for the waste to remain exempt under the transportation and disposal conditional exemption of subpart N of this
part.
(6) The manifest number of the shipment that will contain the exempted waste.
(7) A certification that all the information provided is true, complete, and accurate. The statement must be signed by
your authorized representative.
§ 266.350 What records must you keep at your facility and for how long?
In addition to those records required by your NRC or NRC Agreement State license, you must keep records as
follows:
(a) You must follow the applicable existing recordkeeping requirements under 40 CFR 264.73, 40 CFR 265.73, and
40 CFR 268.7 of this chapter to demonstrate that your waste has met LDR treatment standards prior to your claiming
the exemption.
(b) You must keep a copy of all notifications and return receipts required under §§266.355, and 266.360 for three
years after the exempted waste is sent for disposal.
(c) You must keep a copy of all notifications and return receipts required under §266.345(a) for three years after the
last exempted waste is sent for disposal.
(d) You must keep a copy of the notification and return receipt required under §266.345(b) for three years after the
exempted waste is sent for disposal.
(e) If you are not already subject to NRC, or NRC Agreement State equivalent manifest and transportation regulations
for the shipment of your waste, you must also keep all other documents related to tracking the exempted waste as
required under 10 CFR 20.2006 or NRC Agreement State equivalent regulations, including applicable NARM
requirements, in addition to the records specified in §266.350(a) through (d).
60
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§ 266.355 How could you lose the transportation and disposal conditional exemption for your
waste and what actions must you take?
(a) Any waste will automatically lose the transportation and disposal exemption if you fail to manage it in accordance
with all of the conditions specified in §266.315.
(1) When you fail to meet any of the conditions specified in §266.315 for any of your wastes, you must report to us, in
writing by certified delivery, within 30 days of learning of the failure. Your report must be signed by your authorized
representative certifying that the information provided is true, accurate, and complete. This report must include:
(i) The specific condition(s) that you failed to meet for the waste;
(ii) A description of the waste (including the waste name, hazardous waste codes and quantity) that lost the
exemption; and
(iii) The date(s) on which you failed to meet the condition(s) for the waste.
(2) If the failure to meet any of the conditions may endanger human health or the environment, you must also
immediately notify us orally within 24 hours and follow up with a written notification within 5 days.
(b) We may terminate your ability to claim a conditional exemption for your waste, or require you to meet additional
conditions to claim a conditional exemption, for serious or repeated noncompliance with any requirement(s) of
subpart N of this part.
§ 266.360 If you lose the transportation and disposal conditional exemption for a waste, can the
exemption be reclaimed?
(a) You may reclaim the transportation and disposal exemption for a waste after you have received a return receipt
confirming that we have received your notification of the loss of the exemption specified in §266.355(a) and if:
(1) You again meet the conditions specified in §266.315 for the waste; and
(2) You send a notice, by certified delivery, to us that you are reclaiming the exemption for the waste. Your notice
must be signed by your authorized representative certifying that the information provided is true, accurate, and
complete. The notice must:
(i) Explain the circumstances of each failure.
(ii) Certify that each failure that caused you to lose the exemption for the waste has been corrected and that you
again meet all conditions for the waste as of the date you specify.
(iii) Describe plans you have implemented, listing the specific steps that you have taken, to ensure that conditions will
be met in the future.
(iv) Include any other information you want us to consider when we review your notice reclaiming the exemption.
(b) We may terminate a reclaimed conditional exemption if we find that your claim is inappropriate based on factors
including, but not limited to: you have failed to correct the problem; you explained the circumstances of the failure
unsatisfactorily; or you failed to implement a plan with steps to prevent another failure to meet the conditions of
§266.315. In reviewing a reclaimed conditional exemption under this section, we may add conditions to the exemption
to ensure that transportation and disposal activities will protect human health and the environment.
61
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Table I-A—Tier I and Tier II Feed Rate and Emissions Screening Limits for Noncarcinogenic Metals for
Facilities in Noncomplex Terrain
[Values for urban areas]
Terrain adjusted eff.
stack ht. (m)
4
6
8
10
12
14
16
18
20
22
24
26
28
30
35
40
45
50
55
60
65
70
75
80
85
90
Antimony
(9/hr)
6.0E+01
6.8E+01
7.6E+01
8.6E+01
9.6E+01
1.1E+02
1.3E+02
1.4E+02
1.6E+02
1.8E+02
2.0E+02
2.3E+02
2.6E+02
3.0E+02
4.0E+02
4.6E+02
6.0E+02
7.8E+02
9.6E+02
1.2E+03
1.5E+03
1.7E+03
1.9E+03
2.2E+03
2.5E+03
2.8E+03
Barium
(9/hr)
1.0E+04
1.1E+04
1.3E+04
1.4E+04
1.7E+04
1.8E+04
2.1E+04
2.4E+04
2.7E+04
3.0E+04
3.4E+04
3.9E+04
4.3E+04
5.0E+04
6.6E+04
7.8E+04
1.0E+05
1.3E+05
1.7E+05
2.0E+05
2.5E+05
2.8E+05
3.2E+05
3.6E+05
4.0E+05
4.6E+05
Lead
(g/hr)
1.8E+01
2.0E+01
2.3E+01
2.6E+01
3.0E+01
3.4E+01
3.6E+01
4.3E+01
4.6E+01
5.4E+01
6.0E+01
6.8E+01
7.8E+01
9.0E+01
1.1E+02
1.4E+02
1.8E+02
2.3E+02
3.0E+02
3.6E+02
4.3E+02
5.0E+02
5.8E+02
6.4E+02
7.6E+02
8.2E+02
Mercury
(g/hr)
6.0E+01
6.8E+01
7.6E+01
8.6E+01
9.6E+01
1.1E+02
1.3E+02
1.4E+02
1.6E+02
1.8E+02
2.0E+02
2.3E+02
2.6E+02
3.0E+02
4.0E+02
4.6E+02
6.0E+02
7.8E+02
9.6E+02
1.2E+03
1.5E+03
1.7E+03
1.9E+03
2.2E+03
2.5E+03
2.8E+03
Silver
(g/hr)
6.0E+02
6.8E+02
7.6E+02
8.6E+02
9.6E+02
1.1E+03
1.3E+03
1.4E+03
1.6E+03
1.8E+03
2.0E+03
2.3E+03
2.6E+03
3.0E+03
4.0E+03
4.6E+03
6.0E+03
7.8E+03
9.6E+03
1.2E+04
1.5E+04
1.7E+04
1.9E+04
2.2E+04
2.5E+04
2.8E+04
Thallium
(g/hr)
6.0E+01
6.8E+01
7.6E+01
8.6E+01
9.6E+01
1.1E+02
1.3E+02
1.4E+02
1.6E+02
1.8E+02
2.0E+02
2.3E+02
2.6E+02
3.0E+02
4.0E+02
4.6E+02
6.0E+02
7.8E+02
9.6E+02
1.2E+03
1.5E+03
1.7E+03
1.9E+03
2.2E+03
2.5E+03
2.8E+03
62
-------
95
100
105
110
115
120
3.2E+03
3.6E+03
4.0E+03
4.6E+03
5.4E+03
6.0E+03
5.4E+05
6.0E+05
6.8E+05
7.8E+05
8.6E+05
1.0E+06
9.6E+02
1.1E+03
1.2E+03
1.4E+03
1.6E+03
1.8E+03
3.2E+03
3.6E+03
4.0E+03
4.6E+03
5.4E+03
6.0E+03
3.2E+04
3.6E+04
4.0E+04
4.6E+04
5.4E+04
6.0E+04
3.2E+03
3.6E+03
4.0E+03
4.6E+03
5.4E+03
6.0E+03
Table I-B—Tier i and Tier II Feed Rate and Emissions Screening Limits for Noncarcinogenic Metals for
Facilities in Noncomplex Terrain
[Values for rural areas]
Terrain adjusted eff.
stack ht. (m)
4
6
8
10
12
14
16
18
20
22
24
26
28
30
35
40
45
50
55
60
65
70
Antimony
(9/hr)
3.1E+01
3.6E+01
4.0E+01
4.6E+01
5.8E+01
6.8E+01
8.6E+01
1.1E+02
1.3E+02
1.7E+02
2.2E+02
2.8E+02
3.5E+02
4.3E+02
7.2E+02
1.1E+03
1.5E+03
2.0E+03
2.6E+03
3.4E+03
4.6E+03
5.4E+03
Barium
(9/hr)
5.2E+03
6.0E+03
6.8E+03
7.8E+03
9.6E+03
1.1E+04
1.4E+04
1.8E+04
2.2E+04
2.8E+04
3.6E+04
4.6E+04
5.8E+04
7.6E+04
1.2E+05
1.8E+05
2.5E+05
3.3E+05
4.4E+05
5.8E+05
7.6E+05
9.0E+05
Lead
(g/hr)
9.4E+00
1.1E+01
1.2E+01
1.4E+01
1.7E+01
2.1E+01
2.6E+01
3.2E+01
4.0E+01
5.0E+01
6.4E+01
8.2E+01
1.0E+02
1.3E+02
2.1E+02
3.2E+02
4.6E+02
6.0E+02
7.8E+02
1.0E+03
1.4E+03
1.6E+03
Mercury
(g/hr)
3.1E+01
3.6E+01
4.0E+01
4.6E+01
5.8E+01
6.8E+01
8.6E+01
1.1E+02
1.3E+02
1.7E+02
2.2E+02
2.8E+02
3.5E+02
4.3E+02
7.2E+02
1.1E+03
1.5E+03
2.0E+03
2.6E+03
3.4E+03
4.6E+03
5.4E+03
Silver
(g/hr)
3.1E+02
3.6E+02
4.0E+02
4.6E+02
5.8E+02
6.8E+02
8.6E+02
1.1E+03
1.3E+03
1.7E+03
2.2E+03
2.8E+03
3.5E+03
4.3E+03
7.2E+03
1.1E+04
1.5E+04
2.0E+04
2.6E+04
3.4E+04
4.6E+04
5.4E+04
Thallium
(g/hr)
3.1E+01
3.6E+01
4.0E+01
4.6E+01
5.8E+01
6.8E+01
8.6E+01
1.1E+02
1.3E+02
1.7E+02
2.2E+02
2.8E+02
3.5E+02
4.3E+02
7.2E+02
1.1E+03
1.5E+03
2.0E+03
2.6E+03
3.4E+03
4.6E+03
5.4E+03
63
-------
75
80
85
90
95
100
105
110
115
120
6.4E+03
7.6E+03
9.4E+03
1.1E+04
1.3E+04
1.5E+04
1.8E+04
2.2E+04
2.6E+04
3.1E+04
1.1E+06
1.3E+06
1.5E+06
1.8E+06
2.2E+06
2.6E+06
3.0E+06
3.6E+06
4.4E+06
5.0E+06
1.9E+03
2.3E+03
2.8E+03
3.3E+03
3.9E+03
4.6E+03
5.4E+03
6.6E+03
7.8E+03
9.2E+03
6.4E+03
7.6E+03
9.4E+03
1.1E+04
1.3E+04
1.5E+04
1.8E+04
2.2E+04
2.6E+04
3.1E+04
6.4E+04
7.6E+04
9.4E+04
1.1E+05
1.3E+05
1.5E+05
1.8E+05
2.2E+05
2.6E+05
3.1E+05
6.4E+03
7.6E+03
9.4E+03
1.1E+04
1.3E+04
1.5E+04
1.8E+04
2.2E+04
2.6E+04
3.1E+04
Table I-C—Tier I and Tier II Feed Rate and Emissions Screening Limits for Noncarcinogenic Metals for
Facilities in Complex Terrain
Values for urban and rural areas
Terrain adjusted eff.
stack ht. (m)
4
6
8
10
12
14
16
18
20
22
24
26
28
30
35
40
45
50
Antimony
(9/hr)
1.4E+01
2.1E+01
3.0E+01
4.3E+01
5.4E+01
6.8E+01
7.8E+01
8.6E+01
9.6E+01
1.0E+02
1.2E+02
1.3E+02
1.4E+02
1.6E+02
2.0E+02
2.4E+02
3.0E+02
3.6E+02
Barium
(9/hr)
2.4E+03
3.5E+03
5.0E+03
7.6E+03
9.0E+03
1.1E+04
1.3E+04
1.4E+04
1.6E+04
1.8E+04
1.9E+04
2.2E+04
2.4E+04
2.7E+04
3.3E+04
4.0E+04
5.0E+04
6.0E+04
Lead
(g/hr)
4.3E+00
6.2E+00
9.2E+00
1.3E+01
1.7E+01
2.0E+01
2.4E+01
2.6E+01
2.9E+01
3.2E+01
3.5E+01
3.6E+01
4.3E+01
4.6E+01
5.8E+01
7.2E+01
9.0E+01
1.1E+02
Mercury
(g/hr)
1.4E+01
2.1E+01
3.0E+01
4.3E+01
5.4E+01
6.8E+01
7.8E+01
8.6E+01
9.6E+01
1.0E+02
1.2E+02
1.3E+02
1.4E+02
1.6E+02
2.0E+02
2.4E+02
3.0E+02
3.6E+02
Silver
(g/hr)
1.4E+02
2.1E+02
3.0E+02
4.3E+02
5.4E+02
6.8E+02
7.8E+02
8.6E+02
9.6E+02
1.0E+03
1.2E+03
1.3E+03
1.4E+03
1.6E+03
2.0E+03
2.4E+03
3.0E+03
3.6E+03
Thallium
(g/hr)
1.4E+01
2.1E+01
3.0E+01
4.3E+01
5.4E+01
6.8E+01
7.8E+01
8.6E+01
9.6E+01
1.0E+02
1.2E+02
1.3E+02
1.4E+02
1.6E+02
2.0E+02
2.4E+02
3.0E+02
3.6E+02
64
-------
55
60
65
70
75
80
85
90
95
100
105
110
115
120
4.6E+02
5.8E+02
6.8E+02
7.8E+02
8.6E+02
9.6E+02
1.1E+03
1.2E+03
1.4E+03
1.5E+03
1.7E+03
1.9E+03
2.1E+03
2.4E+03
7.6E+04
9.4E+04
1.1E+05
1.3E+05
1.4E+05
1.6E+05
1.8E+05
2.0E+05
2.3E+05
2.6E+05
2.8E+05
3.2E+05
3.6E+05
4.0E+05
1.4E+02
1.7E+02
2.1E+02
2.4E+02
2.6E+02
2.9E+02
3.3E+02
3.6E+02
4.0E+02
4.6E+02
5.0E+02
5.8E+02
6.4E+02
7.2E+02
4.6E+02
5.8E+02
6.8E+02
7.8E+02
8.6E+02
9.6E+02
1.1E+03
1.2E+03
1.4E+03
1.5E+03
1.7E+03
1.9E+03
2.1E+03
2.4E+03
4.6E+03
5.8E+03
6.8E+03
7.8E+03
8.6E+03
9.6E+03
1.1E+04
1.2E+04
1.4E+04
1.5E+04
1.7E+04
1.9E+04
2.1E+04
2.4E+04
4.6E+02
5.8E+02
6.8E+02
7.8E+02
8.6E+02
9.6E+02
1.1E+03
1.2E+03
1.4E+03
1.5E+03
1.7E+03
1.9E+03
2.1E+03
2.4E+03
Table I-D—Tier I and Tier II Feed Rate and Emissions Screening Limits for Carcinogenic Metals for Facilities
in Noncomplex Terrain
Values for use in urban areas
Terrain
adjusted eff.
stack ht. (m)
4
6
8
10
12
14
16
18
20
22
24
26
28
30
Arsenic
(9/hr)
4.6E-01
5.4E-01
6.0E-01
6.8E-01
7.6E-01
8.6E-01
9.6E-01
1.1E+00
1.2E+00
1.4E+00
1.6E+00
1.8E+00
2.0E+00
2.3E+00
Cadmium
(9/hr)
1.1E+00
1.3E+00
1.4E+00
1.6E+00
1.8E+00
2.1E+00
2.3E+00
2.6E+00
3.0E+00
3.4E+00
3.9E+00
4.3E+00
4.8E+00
5.4E+00
Chromium
(g/hr)
1.7E-01
1.9E-01
2.2E-01
2.4E-01
2.7E-01
3.1E-01
3.5E-01
4.0E-01
4.4E-01
5.0E-01
5.8E-01
6.4E-01
7.2E-01
8.2E-01
Beryllium
(g/hr)
8.2E-01
9.4E-01
1.1E+00
1.2E+00
1.4E+00
1.5E+00
1.7E+00
2.0E+00
2.2E+00
2.5E+00
2.8E+00
3.2E+00
3.6E+00
4.0E+00
Values for use in rural areas
Arsenic
(g/hr)
2.4E-01
2.8E-01
3.2E-01
3.6E-01
4.3E-01
5.4E-01
6.8E-01
8.2E-01
1.0E+00
1.3E+00
1.7E+00
2.1E+00
2.7E+00
3.5E+00
Cadmium
(g/hr)
5.8E-01
6.6E-01
7.6E-01
8.6E-01
1.1E+00
1.3E+00
1.6E+00
2.0E+00
2.5E+00
3.2E+00
4.0E+00
5.0E+00
6.4E+00
8.2E+00
Chromium
(g/hr)
8.6E-02
1.0E-01
1.1E-01
1.3E-01
1.6E-01
2.0E-01
2.4E-01
3.0E-01
3.7E-01
4.8E-01
6.0E-01
7.6E-01
9.8E-01
1.2E+00
Beryllium
(g/hr)
4.3E-01
5.0E-01
5.6E-01
6.4E-01
7.8E-01
9.6E-01
1.2E+00
1.5E+00
1.9E+00
2.4E+00
3.0E+00
3.9E+00
5.0E+00
6.2E+00
65
-------
35
40
45
50
55
60
65
70
75
80
85
90
95
100
105
110
115
120
3.0E+00
3.6E+00
4.6E+00
6.0E+00
7.6E+00
9.4E+00
1.1E+01
1.3E+01
1.5E+01
1.7E+01
1.9E+01
2.2E+01
2.5E+01
2.8E+01
3.2E+01
3.6E+01
4.0E+01
4.6E+01
6.8E+00
9.0E+00
1.1E+01
1.4E+01
1.8E+01
2.2E+01
2.8E+01
3.1E+01
3.6E+01
4.0E+01
4.6E+01
5.0E+01
5.8E+01
6.8E+01
7.6E+01
8.6E+01
9.6E+01
1.1E+02
1.0E+00
1.3E+00
1.7E+00
2.2E+00
2.7E+00
3.4E+00
4.2E+00
4.6E+00
5.4E+00
6.0E+00
6.8E+00
7.8E+00
9.0E+00
1.0E+01
1.1E+01
1.3E+01
1.5E+01
1.7E+01
5.4E+00
6.8E+00
8.6E+00
1.1E+01
1.4E+01
1.7E+01
2.1E+01
2.4E+01
2.7E+01
3.0E+01
3.4E+01
3.9E+01
4.4E+01
5.0E+01
5.6E+01
6.4E+01
7.2E+01
8.2E+01
5.4E+00
8.2E+00
1.1E+01
1.5E+01
2.0E+01
2.7E+01
3.6E+01
4.3E+01
5.0E+01
6.0E+01
7.2E+01
8.6E+01
1.0E+02
1.2E+02
1.4E+02
1.7E+02
2.0E+02
2.4E+02
1.3E+01
2.0E+01
2.8E+01
3.7E+01
5.0E+01
6.4E+01
8.6E+01
1.0E+02
1.2E+02
1.4E+02
1.7E+02
2.0E+02
2.4E+02
2.9E+02
3.4E+02
4.0E+02
4.8E+02
5.8E+02
1.9E+00
3.0E+00
4.2E+00
5.4E+00
7.2E+00
9.6E+00
1.3E+01
1.5E+01
1.8E+01
2.2E+01
2.6E+01
3.0E+01
3.6E+01
4.3E+01
5.0E+01
6.0E+01
7.2E+01
8.6E+01
9.6E+00
1.5E+01
2.1E+01
2.8E+01
3.6E+01
4.8E+01
6.4E+01
7.6E+01
9.0E+01
1.1E+02
1.3E+02
1.5E+02
1.8E+02
2.2E+02
2.6E+02
3.0E+02
3.6E+02
4.3E+02
Table I-E—Tier I and Tier II Feed Rate and Emissions Screening Limits for Carcinogenic Metals for Facilities
in Complex Terrain
Values for use in urban and rural areas
Terrain adjusted eff. stack ht. (m)
4
6
8
10
12
14
16
18
20
22
24
Arsenic (g/hr)
1.1E-01
1.6E-01
2.4E-01
3.5E-01
4.3E-01
5.0E-01
6.0E-01
6.8E-01
7.6E-01
8.2E-01
9.0E-01
Cadmium (g/hr)
2.6E-01
3.9E-01
5.8E-01
8.2E-01
1.0E+00
1.3E+00
1.4E+00
1.6E+00
1.8E+00
1.9E+00
2.1E+00
Chromium (g/hr)
4.0E-02
5.8E-02
8.6E-02
1.3E-01
1.5E-01
1.9E-01
2.2E-01
2.4E-01
2.7E-01
3.0E-01
3.3E-01
Beryllium (g/hr)
2.0E-01
2.9E-01
4.3E-01
6.2E-01
7.6E-01
9.4E-01
1.1E+00
1.2E+00
1.3E+00
1.5E+00
1.6E+00
66
-------
26
28
30
35
40
45
50
55
60
65
70
75
80
85
90
95
100
105
110
115
120
1.0E+00
1.1E+00
1.2E+00
1.5E+00
1.9E+00
2.4E+00
2.9E+00
3.5E+00
4.3E+00
5.4E+00
6.0E+00
6.8E+00
7.6E+00
8.2E+00
9.4E+00
1.0E+01
1.2E+01
1.3E+01
1.5E+01
1.7E+01
1.9E+01
2.4E+00
2.7E+00
3.0E+00
3.7E+00
4.6E+00
5.4E+00
6.8E+00
8.4E+00
1.0E+01
1.3E+01
1.4E+01
1.6E+01
1.8E+01
2.0E+01
2.3E+01
2.5E+01
2.8E+01
3.2E+01
3.5E+01
4.0E+01
4.4E+01
3.6E-01
4.0E-01
4.4E-01
5.4E-01
6.8E-01
8.4E-01
1.0E+00
1.3E+00
1.5E+00
1.9E+00
2.2E+00
2.4E+00
2.7E+00
3.0E+00
3.4E+00
4.0E+00
4.3E+00
4.8E+00
5.4E+00
6.0E+00
6.4E+00
1.8E+00
2.0E+00
2.2E+00
2.7E+00
3.4E+00
4.2E+00
5.0E+00
6.4E+00
7.8E+00
9.6E+00
1.1E+01
1.2E+01
1.3E+01
1.5E+01
1.7E+01
1.9E+01
2.1E+01
2.4E+01
2.7E+01
3.0E+01
3.3E+01
[56 FR 7228, Feb. 21, 1991; 56 FR 32690, July 17, 1991]
Terrain-adjusted effective stack height (m)
4
6
8
10
12
14
16
18
Noncomplex Terrain
Urban (g/hr)
8.2E+01
9.1E+01
1.0E+02
1.2E+02
1.3E+02
1.5E+02
1.7E+02
1.9E+02
Rural (g/hr)
4.2E+01
4.8E+01
5.3E+01
6.2E+01
7.7E+01
9.1E+01
1.2E+02
1.4E+02
Complex Terrain
(9/hr)
1.9E+01
2.8E+01
4.1E+01
5.8E+01
7.2E+01
9.1E+01
1.1E+02
1.2E+02
67
-------
20
22
24
26
28
30
35
40
45
50
55
60
65
70
75
80
85
90
95
100
105
110
115
120
2.1E+02
2.4E+02
2.7E+02
3.1E+02
3.5E+02
3.9E+02
5.3E+02
6.2E+02
8.2E+02
1.1E+03
1.3E+03
1.6E+03
2.0E+03
2.3E+03
2.5E+03
2.9E+03
3.3E+03
3.7E+03
4.2E+03
4.8E+03
5.3E+03
6.2E+03
7.2E+03
8.2E+03
1.8E+02
2.3E+02
2.9E+02
3.7E+02
4.7E+02
5.8E+02
9.6E+02
1.4E+03
2.0E+03
2.6E+03
3.5E+03
4.6E+03
6.2E+03
7.2E+03
8.6E+03
1.0E+04
1.2E+04
1.4E+04
1.7E+04
2.1E+04
2.4E+04
2.9E+04
3.5E+04
4.1E+04
1.3E+02
1.4E+02
1.6E+02
1.7E+02
1.9E+02
2.1E+02
2.6E+02
3.3E+02
4.0E+02
4.8E+02
6.2E+02
7.7E+02
9.1E+02
1.1E+03
1.2E+03
1.3E+03
1.4E+03
1.6E+03
1.8E+03
2.0E+03
2.3E+03
2.5E+03
2.8E+03
3.2E+03
[56 FR 32690, July 17, 1991]
Terrain-adjusted effective
stack height (m)
4
6
Noncomplex terrain
Values for urban
areas
CI2(g/hr)
8.2E+01
9.1E+01
HCI (g/hr)
1.4E+03
1.6E+03
Values for rural
areas
CI2(g/hr)
4.2E+01
4.8E+01
HCI (g/hr)
7.3E+02
8.3E+02
Complex terrain
Values for use in urban and
rural areas
CI2(g/hr)
1.9E+01
2.8E+01
HCI (g/hr)
3.3E+02
4.9E+02
68
-------
8
10
12
14
16
18
20
22
24
26
28
30
35
40
45
50
55
60
65
70
75
80
85
90
95
100
105
110
115
120
1.0E+02
1.2E+02
1.3E+02
1.5E+02
1.7E+02
1.9E+02
2.1E+02
2.4E+02
2.7E+02
3.1E+02
3.5E+02
3.9E+02
5.3E+02
6.2E+02
8.2E+02
1.1E+03
1.3E+03
1.6E+03
2.0E+03
2.3E+03
2.5E+03
2.9E+03
3.3E+03
3.7E+03
4.2E+03
4.8E+03
5.3E+03
6.2E+03
7.2E+03
8.2E+03
1.8E+03
2.0E+03
2.3E+03
2.6E+03
2.9E+03
3.3E+03
3.7E+03
4.2E+03
4.8E+03
5.4E+03
6.0E+03
6.9E+03
9.2E+03
1.1E+04
1.4E+04
1.8E+04
2.3E+04
2.9E+04
3.4E+04
3.9E+04
4.5E+04
5.0E+04
5.8E+04
6.6E+04
7.4E+04
8.4E+04
9.2E+04
1.1E+05
1.3E+05
1.4E+05
5.3E+01
6.2E+01
7.7E+01
9.1E+01
1.2E+02
1.4E+02
1.8E+02
2.3E+02
2.9E+02
3.7E+02
4.7E+02
5.8E+02
9.6E+02
1.4E+03
2.0E+03
2.6E+03
3.5E+03
4.6E+03
6.2E+03
7.2E+03
8.6E+03
1.0E+04
1.2E+04
1.4E+04
1.7E+04
2.1E+04
2.4E+04
2.9E+04
3.5E+04
4.1E+04
9.2E+02
1.1E+03
1.3E+03
1.6E+03
2.0E+03
2.5E+03
3.1E+03
3.9E+03
5.0E+03
6.5E+03
8.1E+03
1.0E+04
1.7E+04
2.5E+04
3.5E+04
4.6E+04
6.1E+04
8.1E+04
1.1E+05
1.3E+05
1.5E+05
1.8E+05
2.2E+05
2.5E+05
3.0E+05
3.6E+05
4.3E+05
5.1E+05
6.1E+05
7.2E+05
4.1E+01
5.8E+01
7.2E+01
9.1E+01
1.1E+02
1.2E+02
1.3E+02
1.4E+02
1.6E+02
1.7E+02
1.9E+02
2.1E+02
2.6E+02
3.3E+02
4.0E+02
4.8E+02
6.2E+02
7.7E+02
9.1E+02
1.1E+03
1.2E+03
1.3E+03
1.4E+03
1.6E+03
1.8E+03
2.0E+03
2.3E+03
2.5E+03
2.8E+03
3.2E+03
7.1E+02
1.0E+03
1.3E+03
1.6E+03
1.8E+03
2.0E+03
2.3E+03
2.4E+03
2.8E+03
3.0E+03
3.4E+03
3.7E+03
4.6E+03
5.7E+03
7.0E+03
8.4E+03
1.1E+04
1.3E+04
1.6E+04
1.8E+04
2.0E+04
2.3E+04
2.5E+04
2.9E+04
3.2E+04
3.5E+04
3.9E+04
4.5E+04
5.0E+04
5.6E+04
[56 FR 32691, July 17, 1991, as amended at 71 FR 40277, July 14, 2006]
69
-------
Constituent
Acetaldehyde
Acetonitrile
Acetophenone
Acrolein
Aldicarb
Aluminum Phosphide
Allyl Alcohol
Antimony
Barium
Barium Cyanide
Bromomethane
Calcium Cyanide
Carbon Disulfide
Chloral
Chlorine (free)
2-Chloro-1 ,3-butadiene
Chromium III
Copper Cyanide
Cresols
Cumene
Cyanide (free)
Cyanogen
Cyanogen Bromide
Di-n-butyl Phthalate
o-Dichlorobenzene
p-Dichlorobenzene
Dichlorodifluoromethane
2,4-Dichlorophenol
Diethyl Phthalate
Dimethoate
2,4-Dinitrophenol
Dinoseb
CAS No.
75-07-0
75-05-8
98-86-2
107-02-8
116-06-3
20859-73-8
107-18-6
7440-36-0
7440-39-3
542-62-1
74-83-9
592-01-8
75-1 5-0
75-87-6
126-99-8
16065-83-1
544-92-3
1319-77-3
98-82-8
57-12-15
460-19-5
506-68-3
84-74-2
95-50-1
106-46-7
75-71-8
120-83-2
84-66-2
60-51-5
51-28-5
88-85-7
RAC (ug/m3)
10
10
100
20
1
0.3
5
0.3
50
50
0.8
30
200
2
0.4
3
1000
5
50
1
20
30
80
100
10
10
200
3
800
0.8
2
0.9
70
-------
Diphenylamine
Endosulfan
Endrin
Fluorine
Formic Acid
Glycidyaldehyde
Hexachlorocyclopentadiene
Hexachlorophene
Hydrocyanic Acid
Hydrogen Chloride
Hydrogen Sulfide
Isobutyl Alcohol
Lead
Maleic Anhydride
Mercury
Methacrylonitrile
Methomyl
Methoxychlor
Methyl Chlorocarbonate
Methyl Ethyl Ketone
Methyl Parathion
Nickel Cyanide
Nitric Oxide
Nitrobenzene
Pentachlorobenzene
Pentachlorophenol
Phenol
M-Phenylenediamine
Phenylmercuric Acetate
Phosphine
Phthalic Anhydride
Potassium Cyanide
Potassium Silver Cyanide
Pyridine
122-39-4
115-29-1
72-20-8
7782-41-4
64-1 8-6
765-34-4
77-47-4
70-30-4
74-90-8
7647-01-1
7783-06-4
78-83-1
7439-92-1
108-31-6
7439-97-6
126-98-7
16752-77-5
72-43-5
79-22-1
78-93-3
298-00-0
557-19-7
10102-43-9
98-95-3
608-93-5
87-86-5
108-95-2
108-45-2
62-38-4
7803-51-2
85-44-9
151-50-8
506-61-6
110-86-1
20
0.05
0.3
50
2000
0.3
5
0.3
20
7
3
300
0.09
100
0.3
0.1
20
50
1000
80
0.3
20
100
0.8
0.8
30
30
5
0.075
0.3
2000
50
200
1
71
-------
Selenious Acid
Selenourea
Silver
Silver Cyanide
Sodium Cyanide
Strychnine
1 ,2,4,5-Tetrachlorobenzene
2,3,4,6-Tetrachlorophenol
Tetraethyl Lead
Tetrahydrofuran
Thallic Oxide
Thallium
Thallium (I) Acetate
Thallium (I) Carbonate
Thallium (I) Chloride
Thallium (I) Nitrate
Thallium Selenite
Thallium (I) Sulfate
Thiram
Toluene
1 ,2,4-Trichlorobenzene
Trichloromonofluoromethane
2,4,5-Trichlorophenol
Vanadium Pentoxide
Warfarin
Xylenes
Zinc Cyanide
Zinc Phosphide
7783-60-8
630-10-4
7440-22-4
506-64-9
143-33-9
57-24-9
95-94-3
58-90-2
78-00-2
109-99-9
1314-32-5
7440-28-0
563-68-8
6533-73-9
7791-12-0
10102-45-1
12039-52-0
7446-18-6
137-26-8
108-88-3
120-82-1
75-69-4
95-95-4
1314-62-1
81-81-2
1330-20-7
557-21-1
1314-84-7
3
5
3
100
30
0.3
0.3
30
0.0001
10
0.3
0.5
0.5
0.3
0.3
0.5
0.5
0.075
5
300
20
300
100
20
0.3
80
50
0.3
The RAC for other appendix VIII part 261
[56 FR 7232, Feb. 21, 1991; 56 FR 32691
constituents not listed herein or in appendix V of this part is 0.1
July 17, 1991, as amended at 71 FR 40277, July 14, 2006]
ug/m3.
72
-------
Constituent
Acrylamide
Acrylonitrile
Aldrin
Aniline
Arsenic
Benz(a)anthracene
Benzene
Benzidine
Benzo(a)pyrene
Beryllium
Bis(2-chloroethyl) ether
Bis(chloromethyl)ether
Bis(2-ethylhexyl)-phthalate
1,3-Butadiene
Cadmium
Carbon Tetrachloride
Chlordane
Chloroform
Chloromethane
Chromium VI
DDT
Dibenz(a,h)anthracene
1 ,2-Dibromo-3-chloropropane
1,2-Dibromoethane
1,1-Dichloroethane
1,2-Dichloroethane
1,1-Dichloroethylene
1,3-Dichloropropene
Dieldrin
Diethylstilbestrol
Dimethylnitrosamine
2,4-Dinitrotoluene
CAS No.
79-06-1
107-13-1
309-00-2
62-53-3
7440-38-2
56-55-3
71-43-2
92-87-5
50-32-8
7440-41-7
111-44-4
542-88-1
117-81-7
106-99-0
7440-43-9
56-23-5
57-74-9
67-66-3
74-87-3
7440-47-3
50-29-3
53-70-3
96-12-8
106-93-4
75-34-3
107-06-2
75-35-4
542-75-6
60-57-1
56-53-1
62-75-9
121-14-2
Unit risk (mj/ug)
1.3E-03
6.8E-05
4.9E-03
7.4E-06
4.3E-03
8.9E-04
8.3E-06
6.7E-02
3.3E-03
2.4E-03
3.3E-04
6.2E-02
2.4E-07
2.8E-04
1.8E-03
1.5E-05
3.7E-04
2.3E-05
3.6E-06
1.2E-02
9.7E-05
1.4E-02
6.3E-03
2.2E-04
2.6E-05
2.6E-05
5.0E-05
3.5E-01
4.6E-03
1.4E-01
1.4E-02
8.8E-05
RsD (ug/m3)
7.7E-03
1.5E-01
2.0E-03
1.4E+00
2.3E-03
1.1E-02
1.2E+00
1.5E-04
3.0E-03
4.2E-03
3.0E-02
1.6E-04
4.2E+01
3.6E-02
5.6E-03
6.7E-01
2.7E-02
4.3E-01
2.8E+00
8.3E-04
1.0E-01
7.1E-04
1.6E-03
4.5E-02
3.8E-01
3.8E-01
2.0E-01
2.9E-05
2.2E-03
7.1E-05
7.1E-04
1.1E-01
73
-------
1 ,2-Diphenylhydrazine
1 ,4-Dioxane
Epichlorohydrin
Ethylene Oxide
Ethylene Dibromide
Formaldehyde
Heptachlor
Heptachlor Epoxide
Hexachloro benzene
Hexachloro butadiene
Alpha-hexachloro-cyclohexane
Beta-hexachloro-cyclohexane
Gamma-hexachloro-cyclohexane
Hexachlorocyclo-hexane, Technical
Hexachlorodibenzo-p-dioxin(1 ,2 Mixture)
Hexachloroethane
Hydrazine
Hydrazine Sulfate
3-Methylcholanthrene
Methyl Hydrazine
Methylene Chloride
4,4'-Methylene-bis-2-chloroaniline
Nickel
Nickel Refinery Dust
Nickel Subsulfide
2-Nitropropane
N-Nitroso-n-butylamine
N-Nitroso-n-methylurea
N-Nitrosodiethylamine
N-Nitrosopyrrolidine
Pentachloronitrobenzene
PCBs
Pronamide
Reserpine
122-66-7
123-91-1
106-89-8
75-21-8
106-93-4
50-00-0
76-44-8
1024-57-3
118-74-1
87-68-3
319-84-6
319-85-7
58-89-9
67-72-1
302-01-2
302-01-2
56-49-5
60-34-4
75-09-2
101-14-4
7440-02-0
7440-02-0
12035-72-2
79-46-9
924-16-3
684-93-5
55-18-5
930-55-2
82-68-8
1336-36-3
23950-58-5
50-55-5
2.2E-04
1.4E-06
1.2E-06
1.0E-04
2.2E-04
1.3E-05
1.3E-03
2.6E-03
4.9E-04
2.0E-05
1.8E-03
5.3E-04
3.8E-04
5.1E-04
1.3E+0
4.0E-06
2.9E-03
2.9E-03
2.7E-03
3.1E-04
4.1E-06
4.7E-05
2.4E-04
2.4E-04
4.8E-04
2.7E-02
1.6E-03
8.6E-02
4.3E-02
6.1E-04
7.3E-05
1.2E-03
4.6E-06
3.0E-03
4.5E-02
7.1E+00
8.3E+00
1.0E-01
4.5E-02
7.7E-01
7.7E-03
3.8E-03
2.0E-02
5.0E-01
5.6E-03
1.9E-02
2.6E-02
2.0E-02
7.7E-06
2.5E+00
3.4E-03
3.4E-03
3.7E-03
3.2E-02
2.4E+00
2.1E-01
4.2E-02
4.2E-02
2.1E-02
3.7E-04
6.3E-03
1.2E-04
2.3E-04
1.6E-02
1.4E-01
8.3E-03
2.2E+00
3.3E-03
74
-------
2,3,7,8-Tetrachloro-dibenzo-p-dioxin
1 ,1 ,2,2-Tetrachloroethane
Tetrachloroethylene
Thiourea
1,1,2-Trichloroethane
Trichloroethylene
2,4,6-Trichlorophenol
Toxaphene
Vinyl Chloride
1746-01-6
79-34-5
127-18-4
62-56-6
79-00-5
79-01-6
88-06-2
8001-35-2
75-01-4
4.5E+01
5.8E-05
4.8E-07
5.5E-04
1.6E-05
1.3E-06
5.7E-06
3.2E-04
7.1E-06
2.2E-07
1.7E-01
2.1E+01
1.8E-02
6.3E-01
7.7E+00
1.8E+00
3.1E-02
1.4E+00
[56 FR 7232, Feb. 21, 1991, as amended at 71 FR 40277, July 14, 2006]
[Estimated Plume Rise (in Meters) Based on Stack Exit Flow Rate and Gas Temperature]
Flow rate
(m3/s)
<0.5
0.5-0.9
1.0-1.9
2.0-2.9
3.0-3.9
4.0-4.9
5.0-7.4
7.5-9.9
10.0-12.4
12.5-14.9
15.0-19.9
20.0-24.9
25.0-29.9
30.0-34.9
35.0-39.9
40.0-49.9
50.0-59.9
Exhaust Temperature (K°)
<325
0
0
0
0
0
1
2
3
4
4
5
6
7
8
9
10
12
325-
349
0
0
0
0
1
2
3
5
6
7
8
10
12
14
16
17
21
350-
399
0
0
0
1
2
4
5
8
10
12
13
17
20
22
23
24
26
400-
449
0
0
0
3
5
6
8
12
15
18
20
23
25
26
28
29
31
450-
499
0
0
1
4
6
8
10
15
19
22
23
25
27
29
30
32
34
500-
599
0
0
1
4
7
10
12
17
21
23
24
27
29
31
32
34
36
600-
699
0
0
2
6
9
12
14
20
23
25
26
29
31
33
35
36
39
700-
799
0
0
3
6
10
13
16
22
24
26
27
30
32
35
36
38
41
800-
999
0
1
3
7
11
14
17
22
25
27
28
31
33
36
37
39
42
1000-
1499
0
1
3
8
12
15
19
23
26
28
29
32
35
37
39
41
44
>1499
0
1
4
9
13
17
21
24
27
29
31
34
36
39
41
42
46
75
-------
60.0-69.9
70.0-79.9
80.0-89.9
90.0-99.9
100.0-119.9
120.0-139.9
140.0-159.9
160.0-179.9
180.0-199.9
>199.9
14
16
17
19
21
22
23
25
26
26
22
23
25
26
26
28
30
31
32
33
27
29
30
31
32
35
36
38
40
41
33
35
36
38
39
42
44
46
48
49
36
38
40
42
43
46
48
50
52
54
39
41
42
44
46
49
51
54
56
58
42
44
46
48
49
52
55
58
60
62
43
46
48
50
52
55
58
60
63
65
45
47
49
51
53
56
59
62
65
67
47
49
51
53
55
59
62
65
67
69
49
51
54
56
58
61
65
67
70
73
[56 FR 7233, Feb. 21, 1991, as amended at 71 FR 40277, July 14, 2006]
Metals—TCLP Extract Concentration Limits
Constituent
Antimony
Arsenic
Barium
Beryllium
Cadmium
Chromium
Lead
Mercury
Nickel
Selenium
Silver
Thallium
CAS No.
7440-36-0
7440-38-2
7440-39-3
7440-41-7
7440-43-9
7440-47-3
7439-92-1
7439-97-6
7440-02-0
7782-49-2
7440-22-4
7440-28-0
Concentration limits (mg/L)
1xE+00
5xE+00
1xE+02
7xE-03
1xE+00
5xE+00
5xE+00
2xE-01
7xE+01
1xE+00
5xE+00
7xE+00
Nonmetals—Residue Concentration Limits
Constituent
Acetonitrile
Acetophenone
CAS No.
75-05-8
98-86-2
Concentration limits for residues (mg/kg)
2xE-01
4xE+00
76
-------
Acrolein
Acrylamide
Acrylonitrile
Aldrin
Allyl alcohol
Aluminum phosphide
Aniline
Barium cyanide
Benz(a)anthracene
Benzene
Benzidine
Bis(2-chloroethyl) ether
Bis(chloromethyl) ether
Bis(2-ethylhexyl) phthalate
Bromoform
Calcium cyanide
Carbon disulfide
Carbon tetrachloride
Chlordane
Chlorobenzene
Chloroform
Copper cyanide
Cresols (Cresylic acid)
Cyanogen
DDT
Dibenz(a, h)-anthracene
1 ,2-Dibromo-3-chloropropane
p-Dichlorobenzene
Dichlorodifluoromethane
1,1-Dichloroethylene
2,4-Dichlorophenol
1,3-Dichloropropene
Dieldrin
Diethyl phthalate
107-02-8
79-06-1
107-13-1
309-00-2
107-18-6
20859-73-8
62-53-3
542-62-1
56-55-3
71-43-2
92-87-5
111-44-4
542-88-1
117-81-7
75-25-2
592-01-8
75-15-0
56-23-5
57-74-9
108-90-7
67-66-3
544-92-3
1319-77-3
460-19-5
50-29-3
53-70-3
96-12-8
106-46-7
75-71-8
75-35-4
120-83-2
542-75-6
60-57-1
84-66-2
5xE-01
2xE-04
7xE-04
2xE-05
2xE-01
1xE-02
6xE-02
1xE+00
1xE-04
5xE-03
1xE-06
3xE-04
2xE-06
3xE+01
7xE-01
1xE-06
4xE+00
5xE-03
3xE-04
1xE+00
6xE-02
2xE-01
2xE+00
1xE+00
1xE-03
7xE-06
2xE-05
7.5xE-02
7xE+00
5xE-03
1xE-01
1xE-03
2xE-05
3xE+01
77
-------
Diethylstilbesterol
Dimethoate
2,4-Dinitrotoluene
Diphenylamine
1 ,2-Diphenylhydrazine
Endosulfan
Endrin
Epichlorohydrin
Ethylene dibromide
Ethylene oxide
Fluorine
Formic acid
Heptachlor
Heptachlor epoxide
Hexachloro benzene
Hexachloro butadiene
Hexachlorocyclopentadiene
Hexachlorodibenzo-p-dioxins
Hexachloroethane
Hydrazine
Hydrogen cyanide
Hydrogen sulfide
Isobutyl alcohol
Methomyl
Methoxychlor
3-Methylcholanthrene
4,4'-Methylenebis (2-chloroaniline)
Methylene chloride
Methyl ethyl ketone (MEK)
Methyl hydrazine
Methyl parathion
Naphthalene
Nickel cyanide
Nitric oxide
56-53-1
60-51-5
121-14-2
122-39-4
122-66-7
115-29-7
72-20-8
106-89-8
106-93-4
75-21-8
7782-41-4
64-18-6
76-44-8
1024-57-3
118-74-1
87-68-3
77-47-4
19408-74-3
67-72-1
302-01-1
74-90-8
7783-06-4
78-83-1
16752-77-5
72-43-5
56-49-5
101-14-4
75-09-2
78-93-3
60-34-4
298-00-0
91-20-3
557-19-7
10102-43-9
7xE-07
3xE-02
5xE-04
9xE-01
5xE-04
2xE-03
2xE-04
4xE-02
4xE-07
3xE-04
4xE+00
7xE+01
8xE-05
4xE-05
2xE-04
5xE-03
2xE-01
6xE-08
3xE-02
1xE-04
7xE-05
1xE-06
1xE+01
1xE+00
1xE-01
4xE-05
2xE-03
5xE-02
2xE+00
3xE-04
2xE-02
1xE+01
7xE-01
4xE+00
78
-------
Nitrobenzene
N-Nitrosodi-n-butylamine
N-Nitrosodiethylamine
N-Nitroso-N-methylurea
N-Nitrosopyrrolidine
Pentachlorobenzene
Pentachloronitrobenzene (PCNB)
Pentachlorophenol
Phenol
Phenylmercury acetate
Phosphine
Polychlorinated biphenyls, N.O.S
Potassium cyanide
Potassium silver cyanide
Pronamide
Pyridine
Reserpine
Selenourea
Silver cyanide
Sodium cyanide
Strychnine
1 ,2,4,5-Tetrachlorobenzene
1 ,1 ,2,2-tetrachloroethane
Tetrachloroethylene
2,3,4,6-Tetrachlorophenol
Tetraethyl lead
Thiourea
Toluene
Toxaphene
1,1,2-Trichloroethane
Trichloroethylene
Trichloromonofluoromethane
2,4,5-Trichlorophenol
2,4,6-Trichlorophenol
98-95-3
924-16-3
55-18-5
684-93-5
930-55-2
608-93-5
82-68-8
87-86-5
108-95-2
62-38-4
7803-51-2
1336-36-3
151-50-8
506-61-6
23950-58-5
110-86-1
50-55-5
630-10-4
506-64-9
143-33-9
57-24-9
95-94-3
79-34-5
127-18-4
58-90-2
78-00-2
62-56-6
108-88-3
8001-35-2
79-00-5
79-01-6
75-69-4
95-95-4
88-06-2
2xE-02
6xE-05
2xE-06
1xE-07
2xE-04
3xE-02
1xE-01
1xE+00
1xE+00
3xE-03
1xE-02
5xE-05
2xE+00
7xE+00
3xE+00
4xE-02
3xE-05
2xE-01
4xE+00
1xE+00
1xE-02
1xE-02
2xE-03
7xE-01
1xE-02
4xE-06
2xE-04
1xE+01
5xE-03
6xE-03
5xE-03
1xE+01
4xE+00
4xE+00
79
-------
Vanadium pentoxide
Vinyl chloride
1314-62-1
75-01-4
7xE-01
2xE-03
*Note 1: The health-based concentration limits for appendix VIII part 261 constituents for which a health-based
concentration is not provided below is 2xE-06 mg/kg.
Note 2: The levels specified in this appendix and the default level of 0.002 micrograms per kilogram or the level of
detection for constituents as identified in Note 1 of this appendix are administratively stayed under the condition, for
those constituents specified in §266.112(b)(1), that the owner or operator complies with alternative levels defined as
the land disposal restriction limits specified in §268.43 of this chapter for FO39 nonwastewaters. See
§266.112(b)(2)(i).
[56 FR 7234, Feb. 21, 1991; 56 FR 32691, July 17, 1991, as amended at 58 FR 59603, Nov. 9, 1993]
Volatiles
Benzene
Toluene
Carbon tetrachloride
Chloroform
Methylene chloride
Trichloroethylene
Tetra chloroethylene
1,1,1-Trichloroethane
Chlorobenzene
cis-1 ,4-Dichloro-2-butene
Bromochloromethane
Bromodichloromethane
Bromoform
Bromomethane
Methylene bromide
Methyl ethyl ketone
Semivolatiles
Bis(2-ethylhexyl)phthalate
Naphthalene
Phenol
Diethyl phthalate
Butyl benzyl phthalate
2,4-Dimethylphenol
o-Dichlorobenzene
m-Dichlorobenzene
p-Dichlorobenzene
Hexachlorobenzene
2,4,6-Trichlorophenol
Fluoranthene
o-Nitrophenol
1 ,2,4-Trichloro benzene
o-Chlorophenol
Pentachlorophenol
Pyrene
Dimethyl phthalate
Mononitrobenzene
2,6-Toluene diisocyanate
Polychlorinated dibenzo-p-dioxins1
Polychlorinated dibenzo-furans1
1Analyses for polychlorinated dibenzo-p-dioxins and polychlorinated dibenzo-furans are required only for residues
collected from areas downstream of the combustion chamber ( e.g., ductwork, boiler tubes, heat exchange surfaces,
air pollution control devices, etc.).
80
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Note to the table: Analysis is not required for those compounds that do not have an established F039 nonwastewater
concentration limit.
[64 FR 53076, Sept. 30, 1999, as amended at 64 FR 63213, Nov. 19, 1999; 71 FR 40277, July 14, 2006]
Burning Hazardous Waste in Boilers and Industrial Furnaces
Table of Contents
1.0 Introduction
2.0 Performance Specifications for Continuous Emission Monitoring Systems
2.1 Performance Specifications for Continuous Emission Monitoring of Carbon Monoxide and Oxygen for
Incinerators, Boilers, and industrial Furnaces Burning Hazardous Waste
2.2 Performance Specifications for Continuous Emission Monitoring of Hydrocarbons for Incinerators, Boilers, and
Industrial Furnaces
3.0 Sampling and Analytical Methods
4.0 Procedure for Estimating the Toxicity Equivalence of Chlorinated Dibenzo-P-Dioxin and Dibenzofuran Congeners
5.0 Hazardous Waste Combustion Air Quality Screening Procedure
6.0 Simplified Land Use Classification Procedure for Compliance With Tier I and Tier II Limits
7.0 Statistical Methodology for Bevill Residue Determinations
8.0 Procedures for Determining Default Values for Air Pollution Control System Removal Efficiencies
8.1 APCS RE Default Values for Metals
8.2 APCS RE Default Values for HC1 and C12
8.3 APCS RE Default Values for Ash
8.4 References
9.0 Procedures for Determining Default Values for Partitioning of Metals, Ash, and Total Chloride/Chlorine
9.1 Partitioning Default Value for Metals
9.2 Special Procedures for Chlorine, HCI, and CI2,
9.3 Special Procedures for Ash
9.4 Use of Engineering Judgement to Estimate Partitioning and APCS RE Values
9.5 Restrictions on Use of Test Data
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10.0 Alternate Methodology for Implementing Metals Controls
10.1 Applicability
10.2 Introduction
10.3 Basis
10.4 Overview
10.5 Implementation Procedures
10.6 Precompliance Procedures
Appendix A—Statistics
Section 1.0 Introduction
This document presents required methods for demonstrating compliance with U.S. Environmental Protection Agency
regulations for boilers and industrial furnaces (BIFs) burning hazardous waste (see 40 CFR part 266, subpart H). The
methods included in this document are:
1. Performance Specifications for Continuous Emission Monitoring (CEM) of Carbon Monoxide, Oxygen, and
Hydrocarbons in Stack Gases.
2. Procedures for Estimating the Toxicity Equivalency of Chlorinated Dibenzo-p-dioxin and Dibenzofuran Congeners.
3. Hazardous Waste Combustion Air Quality Screening Procedures (HWCAQSP).
4. Simplified Land Use Classification Procedure for Compliance with Tier I and Tier II Limits.
5. Statistical Methodology for Bevill Residue Determinations.
6. Procedures for Determining Default Values for Air Pollution Control System Removal Efficiencies.
7. Procedures for Determining Default Values for Partitioning of Metals, Ash, and Total Chloride/Chlorine.
8. Alternate Methodology for Implementing Metals Controls.
a. Sampling and analytical methods for multiple metals, hexavalent chromium, HCI and chlorine, polychlorinated
dibenzo-p-dioxins and dibenzofurans, and aldehydes and ketones can be found in "Test Methods for Evaluating Solid
Wastes, Physical/Chemical Methods" (EPA Publication SW-846). Additional methods referenced in subpart H of part
266 but not included in this document can be found in 40 CFR parts 60 and 61, and SW-846.
b. The CEM performance specifications of section 2.0, the relevant sampling Methods 0011, 0023A, 0050, 0051,
0060, and 0061 of SW-846, incorporated by reference in §260.11, and the toxicity equivalency procedure for dioxins
and furans of section 4.0 are required procedures for determining compliance with BIF regulations. For the
determination of chloride from HCI/CI2emission sampling train, you must use appropriate methods. For the
determination of carbonyl compounds by high-performance liquid chromatography, you must use appropriate
methods. The CEM performance specifications are interim. The finalized CEM performance specifications will be
published in 40 CFR parts 60 and 61.
Section 2.0 Performance Specifications for Continuous Emission Monitoring Systems
82
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2.1 Performance Specifications for Continuous Emission Monitoring of Carbon Monoxide and Oxygen for
Incinerators, Boilers, and Industrial Furnaces Burning Hazardous Waste
2.1.1 Applicability and Principle
2.1.1.1 Applicability. These performance specifications apply to carbon monoxide (CO) and oxygen (O2) continuous
emission monitoring systems (CEMSs) installed on incinerators, boilers, and industrial furnaces burning hazardous
waste. The specifications include procedures which are intended to be used to evaluate the acceptability of the
CEMS at the time of its installation or whenever specified in regulations or permits. The procedures are not designed
to evaluate CEMS performance over an extended period of time. The source owner or operator is responsible for the
proper calibration, maintenance, and operation of the CEMS at all times.
2.1.1.2 Principle. Installation and measurement location specifications, performance and equipment specifications,
test and data reduction procedures, and brief quality assurance guidelines are included in the specifications.
Calibration drift, relative accuracy, calibration error, and response time tests are conducted to determine conformance
of the CEMS with the specifications.
2.1.2 Definitions
2.1.2.1 Continuous Emission Monitoring System (CEMS). A continuous monitor is one in which the sample to be
analyzed passes the measurement section of the analyzer without interruption, and which evaluates the detector
response to the sample at least once each 15 seconds and computes and records the results at least every 60
seconds. A CEMS consists of all the equipment used to acquire data and includes the sample extraction and
transport hardware, the analyzer(s), and the data recording/processing hardware and software.
2.1.2.2 Monitoring System Types. The specifications require CEMSs capable of accepting calibration gases.
Alternative system designs may be used if approved by the Regional Administrator. There are two basic types of
monitoring systems: extractive and in-situ.
2.1.2.2.1 Extractive. Systems that use a pump or other mechanical, pneumatic, or hydraulic means to draw a sample
of the stack or flue gas and convey it to a remotely located analyzer.
2.1.2.2.2 In-situ. Systems that perform an analysis without removing a sample from the stack. Point in-situ analyzers
place the sensing or detecting element directly in the flue gas stream. Cross-stack in-situ analyzers measure the
parameter of interest by placing a source beam on one side of the stack and the detector (in single-pass instruments)
or a retroreflector (in double-pass instruments) on the other side, and measuring the parameter of interest (e.g., CO)
by the attenuation of the beam by the gas in its path.
2.1.2.3 Instrument Measurement Range. The difference between the minimum and maximum concentration that can
be measured by a specific instrument. The minimum is often stated or assumed to be zero and the range expressed
only as the maximum.
2.1.2.4 Span or Span Value. Full scale instrument measurement range.
2.1.2.5 Calibration Drift (CD). The difference in the CEMS output readings from the established reference value after
a stated period of operation during which no unscheduled maintenance, repair, or adjustment takes place. A CD test
is performed to demonstrate the stability of the CEMS calibration overtime.
2.1.2.6 Response Time. The time interval between the start of a step change in the system input (e.g., change of
calibration gas) and the time when the data recorder displays 95 percent of the final value.
2.1.2.7 Accuracy. A measure of agreement between a measured value and an accepted or true value, expressed as
the percentage difference between the true and measured values relative to the true value. For these performance
specifications, accuracy is checked by conducting a calibration error (CE) test and a relative accuracy (RA) test.
Certain facilities, such as those using solid waste or batch-fed processes, may observe long periods of almost no CO
emissions with brief, high-level CO emission spikes. These facilities, as well as facilities whose CO emissions never
exceed 5-10 ppm, may need to be exempted from the RA requirement because the RA test procedure cannot ensure
83
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acquisition of meaningful test results under these conditions. An alternative procedure for accuracy determination is
described in section 2.1.9.
2.1.2.8 Calibration Error (CE). The difference between the concentration indicated by the CEMS and the known
concentration of the cylinder gas. ACE test procedure is performed to document the accuracy and linearity of the
monitoring equipment over the entire measurement range.
2.1.2.9 Relative Accuracy (RA). A comparison of the CEMS response to a value measured by a performance test
method (PTM). The RA test is used to validate the calibration technique and verify the ability of the CEMS to provide
representative and accurate measurements.
2.1.2.10 Performance Test Method (PTM). The sampling and analysis procedure used to obtain reference
measurements for comparison to CEMS measurements. The applicable test methods are Method 10, 10A, or 10B
(for the determination of CO) and Method 3 or 3A (for the determination of O2). These methods are found in 40 CFR
part 60, appendix A.
2.1.2.11 Performance Specification Test (PST) Period. The period during which CD, CE, response time, and RA
tests are conducted.
2.1.2.12 Centroidal Area. A concentric area that is geometrically similar to the stacker duct cross section and is no
greater than 1 percent of the stacker duct cross-sectional area.
2.1.3 Installation and Measurement Location Specifications
2.1.3.1 CEMS Installation and Measurement Locations. The CEMS shall be installed in a location in which
measurements representative of the source's emissions can be obtained. The optimum location of the sample
interface for the CEMS is determined by a number of factors, including ease of access for calibration and
maintenance, the degree to which sample conditioning will be required, the degree to which it represents total
emissions, and the degree to which it represents the combustion situation in the firebox. The location should be as
free from in-leakage influences as possible and reasonably free from severe flow disturbances. The sample location
should be at least two equivalent duct diameters downstream from the nearest control device, point of pollutant
generation, or other point at which a change in the pollutant concentration or emission rate occurs and at least 0.5
diameter upstream from the exhaust or control device. The equivalent duct diameter is calculated as per 40 CFR part
60, appendix A, method 1, section 2.1. If these criteria are not achievable or if the location is otherwise less than
optimum, the possibility of stratification should be checked as described in Section 2.1.3.3 to determine whether the
location would cause failure of the relative accuracy test.
2.1.3.1.1 For extractive or point in-situ CEMSs, the measurement point should be within or centrally located over the
centroidal area of the stack or duct cross section.
2.1.3.1.2 For cross-stack CEMSs, the effective measurement path should (1) have at least 70 percent of the path
within the inner 50 percent of the stack or duct cross-sectional area or (2) be centrally located over any part of the
centroidal area.
2.1.3.1.3 Both the CO and O2monitors should be installed at the same general location. If this is not possible, they
may be installed at different locations if the effluent gases at both sample locations are not stratified and there is no
in-leakage of air between sampling locations.
2.1.3.2 Performance Test Method (PTM) Measurement Location and Traverse Points.
2.1.3.2.1 Select an accessible PTM measurement point at least two equivalent diameters downstream from the
nearest control device, the point of CO generation, or other point at which a change in the CO concentration may
occur, and at least a half equivalent diameter upstream from the effluent exhaust or control device. When pollutant
concentration changes are due solely to diluent leakage (e.g., air heater leakages) and CO and O2are simultaneously
measured at the same location, one half diameter may be used in place of two equivalent diameters. The CEMS and
PTM locations need not be the same.
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2.1.3.2.2 Select traverse points that ensure acquisition of representative samples over the stack or duct cross
section. At a minimum, establish a measurement line that passes through the centroidal area in the direction of any
expected stratification. If this line interferes with the CEMS measurements, displace the line up to 30 cm (or 5 percent
of the equivalent diameter of the cross section, whichever is less) from the centroidal area. Locate three traverse
points at 17, 50, and 83 percent of the measurement line. If the measurement line is no longer than 2.4 meters and
pollutant stratification is not expected, the tester may choose to locate the three traverse points on the line at 0.4, 1.2,
and 2.0 meters from the stack or duct wall. This option must not be used at a site located within eight equivalent
diameters downstream of a flow disturbance. The tester may select other traverse points, provided that they can be
shown to the satisfaction of the Administrator to provide a representative sample over the stack or duct cross-section.
Conduct all necessary PTM tests within 3 cm of the selected traverse points. Sampling must not be performed within
3 cm of the duct or stack inner wall.
2.1.3.3 Stratification Test Procedure. Stratification is defined as a difference in excess of 10 percent between the
average concentration in the duct or stack and the concentration at any point more than 1.0 meter from the duct or
stack wall. To determine whether effluent stratification exists, a dual probe system should be used to determine the
average effluent concentration while measurements at each traverse point are being made. One probe, located at the
stack or duct centroid, is used as a stationary reference point to indicate the change in effluent concentration over
time. The second probe is used for sampling at the traverse points specified in method 1, appendix A, 40 CFR part
60. The monitoring system samples sequentially at the reference and traverse points throughout the testing period for
five minutes at each point.
2.1.4 CEMS Performance and Equipment Specifications
Table 2.1-1 summarizes the performance specifications for the CEMSs. Two sets of standards for CO are given;
one for low-range and another for high-range measurements. The high-range specifications relate to measurement
and quantification of short duration high concentration peaks, while the low-range specifications relate to the overall
average operating condition of the burning device. The dual-range specifications can be met by using (1) one
analyzer for each range, (2) a dual range unit, or (3) a single measurement range instrument capable of meeting both
specifications with a single unit. Adjustments cannot be made to the analyzer between determinations of low- and
high-level accuracy within the single measurement range. In the second case, when the concentration exceeds the
span of the lower range, the data acquisition system recorder shall switch to the high range automatically.
2.1.4.1 CEMS Span Value. In order to measure high and low concentrations with the same or similar degree of
accuracy, the maximum ranges (span values) are specified for low and high range analyzers. The span values are
listed in Table 2.1-2. Tier I and Tier II format definitions are established in 40 CFR part 266, subpart H.
Table 2.1-1—Performance Specifications of CO and (^Monitors
Parameter
Calibration drift 24 hours
Calibration error
Response time
Relative accuracy2
CO monitors
Low range
<6 ppm1
<10 ppm1
<2 min
(3)
High range
<90 ppm
<150 ppm
<2 min
(3)
O2monitors
<0.5% 02
<0.5% O2
<2 min
(incorporated in CO RA calculation)
VorTier II, CD and CE are <3% and <5% or twice the permit limit, respectively.
Expressed as the sum of the mean absolute value plus the 95% confidence interval of a series of measurements.
3The greater of 10% of PTM or 10 ppm.
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Table 2.1-2—GEMS Span Values for CO and O2Monitors
Tier I rolling average format
Tier II rolling average format
CO monitors
Low range (ppm)
200
2 x permit limit
High range (ppm)
3,000
3,000
O2monitors (percent)
25
25
2.1.4.2 Daily Calibration Gas Values. The owner or operator must choose calibration gas concentrations (or
calibration filters for in-situ systems) that include zero and high-level calibration values for the daily calibration checks.
For a single measurement range monitor, three CO calibration gas concentrations (or calibration filters for in-situ
systems) shall be used, i.e., the zero and high-level concentrations of the low-range CO analyzer and the high-level
concentration of the high-range CO analyzer.
2.1.4.2.1 The zero level for the CO or O2analyzer may be between zero and 20 percent of the span value, e.g., 0-40
ppm for low-range CO analyzer, 0-600 ppm for the high-range CO analyzer, and 0-5 percent for the O2analyzer (for
Tier I).
2.1.4.2.2 The high-level concentration for the CO or O2analyzer shall be between 50 and 90 percent of the span
value, i.e., 100-180 ppm for the low-range CO analyzer, 1500-2700 ppm for the high-range CO analyzer, and 12.5-
22.5 percent O2forthe O2analyzer.
2.1.4.3 Data Recorder Scale. The strip chart recorder, computer, or digital recorder must be capable of recording all
readings within the CEMS's measurement range and shall have a resolution of 0.5 percent of span value, i.e., 1 ppm
CO for low-range CO analyzer, 15 ppm CO for high-range CO analyzer, and 0.1 percent O2forthe O2analyzer.
2.1.4.4 Response Time. The response time for the CO or O2monitor shall not exceed 2 minutes to achieve 95
percent of the final stable value.
2.1.4.5 Calibration Drift. The CEMS must allow the determination of CD at the zero and high-level values. The CD
must be determined separately for CO and O2i~nonitors in terms of concentration. The CO CEMS calibration response
must not drift or deviate from the reference value of the calibration gas (or calibration filters for in-situ systems) by
more than 3 percent of the span value after each 24-hour period of the 7-day test, i.e., 6 ppm CO for the low-range
analyzer (Tier I) and 90 ppm for the high-range analyzer, at both zero and high levels. The O2monitor calibration
response must not drift or deviate from the reference value by more than 0.5 percent O2at both zero and high levels.
2.1.4.6 Relative Accuracy. The result of the RAtest of the CO CEMS (which incorporates the O2monitor) must be no
greater than 10 percent of the mean value of the PTM results or must be within 10 ppm CO of the PTM results,
whichever is less restrictive. The ppm CO concentration shall be corrected to 7 percent O2before calculating the RA.
2.1.4.7 Calibration Error. The mean difference between the CEMS and reference values at all three test points (see
Table 2.1-3) must be no greater than 5 percent of span value for CO monitors (i.e., 10 ppm CO for low range Tier I
CO analyzers and 150 ppm CO for high range CO analyzers) and 0.5 percent for O2analyzers.
2.1.4.8 Measurement and Recording Frequency. The sample to be analyzed shall pass through the measurement
section of the analyzer without interruption. The detector shall measure the sample concentration at least once every
15 seconds. An average emission rate shall be computed and recorded at least once every 60 seconds.
2.1.4.9 Hourly Rolling Average Calculation. The CEMS shall calculate every minute an hourly rolling average, which
is the arithmetic mean of the 60 most recent 1-minute average values.
2.1.4.10 Retest. If the CEMS produces results within the specified criteria, the test is successful. If the CEMS does
not meet one or more of the criteria, the necessary corrections must be made and the performance tests repeated.
2.1.5 Test Periods
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2.1.5.1 Pretest Preparation Period. Install the CEMS, prepare the PTM test site according to the specifications in
section 2.1.3, and prepare the CEMS for operation and calibration according to the manufacturer's written
instructions. A pretest conditioning period similar to that of the 7-day CD test is recommended to verify the
operational status of the CEMS.
2.1.5.2 Calibration Drift Test Period. While the facility is operating under normal conditions, determine the CD at 24-
hour intervals for seven consecutive days according to the procedure given in section 2.1.6.1. All CD determinations
must be made following a 24-hour period during which no unscheduled maintenance, repair, or adjustment takes
place. If the combustion unit is taken out of service during the test period, record the onset and duration of the
downtime and continue the calibration drift test when the unit resumes operation.
2.1.5.3 Relative Accuracy Test Period. Conduct the RAtest according to the procedure in section 2.1.6.4 while the
facility is operating under normal conditions. RA testing for CO and O2shall be conducted simultaneously so that the
results can be calculated for CO corrected to 7 percent 02. The RA test shall be conducted during the CD test period.
It is emphasized that during the CD test period, no adjustments or repairs may be made to the CEMS other than
routine calibration adjustments performed immediately following the daily CD determination.
2.1.5.4 Calibration Error Test and Response Time Test Periods. Conduct the CE and response time tests during the
CD test period.
2.1.6 Performance Specification Test Procedures
2.1.6.1 Calibration Drift Test.
2.1.6.1.1 Sampling Strategy. Conduct the CD test for all monitors at 24-hour intervals for seven consecutive days
using calibration gases at the two (or three, if applicable) concentration levels specified in section 2.1.4.2. Introduce
the calibration gases into the sampling system as close to the sampling probe outlet as practical. The gas shall pass
through all filters, scrubbers, conditioners, and other CEMS components used during normal sampling. If periodic
automatic or manual adjustments are made to the CEMS zero and calibration settings, conduct the CD test
immediately before these adjustments, or conduct it in such a way that the CD can be determined. Record the CEMS
response and subtract this value from the reference (calibration gas) value. To meet the specification, none of the
differences shall exceed the limits specified in Table 2.1-1.
2.1.6.1.2 Calculations. Summarize the results on a data sheet. An example is shown in Figure 2.1-1. Calculate the
differences between the CEMS responses and the reference values.
2.1.6.2 Response Time. Check the entire CEMS including sample extraction and transport, sample conditioning, gas
analyses, and the data recording.
2.1.6.2.1 Introduce zero gas into the system. For extractive systems, introduce the calibration gases at the probe as
near to the sample location as possible. For in-situ system, introduce the zero gas at a point such that all components
active in the analysis are tested. When the system output has stabilized (no change greater than 1 percent of full
scale for 30 seconds), switch to monitor stack effluent and wait for a stable value. Record the time (upscale response
time) required to reach 95 percent of the final stable value.
2.1.6.2.2 Next, introduce a high-level calibration gas and repeat the above procedure. Repeat the entire procedure
three times and determine the mean upscale and downscale response times. The longer of the two means is the
system response time.
2.1.6.3 Calibration Error Test Procedure.
2.1.6.3.1 Sampling Strategy. Challenge each monitor (both low- and high-range CO and O2) with zero gas and EPA
Protocol 1 cylinder gases at three measurement points within the ranges specified in Table 2.1-3.
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Table 2.1-3—Calibration Error Concentration Ranges for Tier I
Measurement point
1
2
3
GAS Concentration Ranges
CO, ppm
Low range1
0-40
60-80
140-160
High range
0-600
900-1200
2100-2400
O2, percent
0-2
8-10
14-16
1 For Tier II, the CE specifications for the low-range CO CEMS are 0-20%, 30-40%, and 70-80% of twice the permit
limit.
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View or download PDF
2.1.6.3.1.1 If a single measurement range is used, the calibration gases used in the daily CD checks (if they are
Protocol 1 cylinder gases and meet the criteria in section 2.1.6.3.1) may be used for determining CE.
2.1.6.3.1.2 Operate each monitor in its normal sampling mode as nearly as possible. The calibration gas shall be
injected into the sample system as close to the sampling probe outlet as practical and should pass through all CEMS
components used during normal sampling. Challenge the CEMS three non-consecutive times at each measurement
point and record the responses. The duration of each gas injection should be sufficient to ensure that the CEMS
surfaces are conditioned.
2.1.6.3.2 Calculations. Summarize the results on a data sheet. An example data sheet is shown in Figure 2.1-2.
Average the differences between the instrument response and the certified cylinder gas value for each gas. Calculate
three CE results (five CE results fora single-range CO CEMS) according to Equation 5 (section 2.1.7.5). No
confidence coefficient is used in CE calculations.
2.1.6.4 Relative Accuracy Test Procedure.
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2.1.6.4.1 Sampling Strategy for PTM tests. Conduct the PTM tests in such a way that they will yield measurements
representative of the emissions from the source and can be correlated to the CEMS data. Although it is preferable to
conduct the CO, diluent, and moisture (if needed) simultaneously, moisture measurements that are taken within a 60-
minute period which includes the simultaneous CO and O2measurements may be used to calculate the dry CO
concentration.
Note: At times, CEMS RA tests may be conducted during incinerator performance tests. In these cases, PTM results
obtained during CEMS RA tests may be used to determine compliance with incinerator emissions limits as long as
the source and test conditions are consistent with the applicable regulations.
SOUHCE:
MONITOR:
SERIAL NUMBER:
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MEAN DIFFERENCE -
CALIBRATION EHHOH -
Figure 2.1-2 Calibration Error Determination
View or download PDF
2.1.6.4.2 Performance Test Methods.
2.1.6.4.2.1 Unless otherwise specified in the regulations, method 3 or SAand method 10, 10A, or 10B (40 CFR part
60, appendix A) are the test methods for O2and CO, respectively. Make a sample traverse of at least 21 minutes,
sampling for 7 minutes at each of three traverse points (see section 3.2).
2.1.6.4.2.2 When the installed CEMS uses a nondispersive infrared (NDIR) analyzer, method 10 shall use the
alternative interference trap specified in section 10.1 of the method. An option, which may be approved by the
Administrator in certain cases, would allow the test to be conducted using method 10 without the interference trap.
Under this option, a laboratory interference test is performed for the analyzer prior to the field test. The laboratory
interference test includes the analysis of SO2, NO, and CO2calibration gases over the range of expected effluent
concentrations. Acceptable performance is indicated if the CO analyzer response to each of the gases is less than 1
percent of the applicable measurement range of the analyzer.
2.1.6.4.3 Number of PTM Tests. Conduct a minimum of nine sets of all necessary PTM tests. If more than nine sets
are conducted, a maximum of three sets may be rejected at the tester's discretion. The total number of sets used to
determine the RA must be greater than or equal to nine. All data, including the rejected data, must be reported.
2.1.6.4.4 Correlation of PTM and CEMS Data. The time and duration of each PTM test run and the CEMS response
time should be considered in correlating the data. Use the CEMS final output (the one used for reporting) to
determine an integrated average CO concentration for each PTM test run. Confirm that the pair of results are on a
consistent moisture and O2concentration basis. Each integrated CEMS value should then be compared against the
corresponding average PTM value. If the CO concentration measured by the CEMS is normalized to a specified
diluent concentration, the PTM results shall be normalized to the same value.
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2.1.6.4.5 Calculations. Summarize the results on a data sheet. Calculate the mean of the PTM values and calculate
the arithmetic differences between the PTM and the CEMS data sets. The mean of the differences, standard
deviation, confidence coefficient, and CEMS RA should be calculated using Equations 1 through 4.
2.1.7 Equations
2.1.7.1 Arithmetic Mean (d). Calculate d of the difference of a data set using Equation 1.
(Eq.l)
i-i
where:
n=Number of data points.
* c^ = Algebraic sum of the
•^f individual differences d;.
When the mean of the differences of pairs of data is calculated, correct the data for moisture, if applicable.
2.1.7.2 Standard Deviation (Sd). Calculate Sdusing Equation 2.
(Eq. 2)
2.1.7.3 Confidence Coefficient (CC). Calculate the 2.5 percent error CC (one-tailed) using Equation 3.
CC - t$S75 —= (Eq. 3)
where:
to.975=t-value (see Table 2.1-4).
Table 2.1-4—t-Values
na
2
3
4
5
6
tfl.975
12.706
4.303
3.182
2.776
2.571
na
7
8
9
10
11
tfl.975
2.447
2.365
2.306
2.662
2.228
na
12
13
14
15
16
tfl.975
2.201
2.179
2.160
2.145
2.131
90
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aThe values in this table are already corrected for n-1 degrees of freedom. Use n equal to the number of individual
values.
2.1.7.4 Relative Accuracy. Calculate the RA of a set of data using Equation 4.
RA =
d
•\CC\
xlOO (Bq. 4)
PTM
where:
Sverbar; d|=Absolute value of the mean of the differences (Equation 1).
Sverbar; CC|=Absolute value of the confidence coefficient (Equation 3).
PTM=Average reference value.
2.1.7.5 Calibration Error. Calculate CE using Equation 5.
d
CE =
100 (Bq. 5)
where:
d=Mean difference between CEMS response and the known reference concentration.
Protection Agency ORD/EMSL, Research Triangle Park, North Carolina, 27711, EPA-600/S4-83-013, September
1982.
5. Ferguson, B.B., R.E. Lester, and W.J. Mitchell, "Field Evaluation of Carbon Monoxide and Hydrogen Sulfide
Continuous Emission Monitors at an Oil Refinery," U.S. Environmental Protection Agency, Research Triangle Park,
North Carolina, 27711, EPA-600/4-82-054, August 1982.
2.2 Performance Specifications 2.1.8 Reporting
At a minimum, summarize in tabular form the results of the CD, RA, response time, and CE test, as appropriate.
Include all data sheets, calculations, CEMS data records, and cylinder gas or reference material certifications.
2.1.9 Alternative Procedure
2.1.9.1 Alternative RA Procedure Rationale. Under some operating conditions, it may not be possible to obtain
meaningful results using the RA test procedure. This includes conditions where consistent, very low CO emissions or
low CO emissions interrupted periodically by short duration, high level spikes are observed. It may be appropriate in
these circumstances to waive the PTM RA test and substitute the following procedure.
2.1.9.2 Alternative RA Procedure. Conduct a complete CEMS status check following the manufacturer's written
instructions. The check should include operation of the light source, signal receiver, timing mechanism functions, data
acquisition and data reduction functions, data recorders, mechanically operated functions (mirror movements,
calibration gas valve operations, etc.), sample filters, sample line heaters, moisture traps, and other related functions
of the CEMS, as applicable. All parts of the CEMS must be functioning properly before the RA requirement can be
waived. The instruments must also have successfully passed the CE and CD requirements of the performance
specifications. Substitution of the alternative procedure requires approval of the Regional Administrator.
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2.1.10 Quality Assurance (QA)
Proper calibration, maintenance, and operation of the CEMS is the responsibility of the owner or operator. The owner
or operator must establish a QA program to evaluate and monitor CEMS performance. As a minimum, the QA
program must include:
2.1.10.1 A daily calibration check for each monitor. The calibration must be adjusted if the check indicates the
instrument's CD exceeds the specification established in section 2.1.4.5. The gases shall be injected as close to the
probe as possible to provide a check of the entire sampling system. If an alternative calibration procedure is desired
(e.g., direct injections or gas cells), subject to Administrator approval, the adequacy of this alternative procedure may
be demonstrated during the initial 7-day CD test. Periodic comparisons of the two procedures are suggested.
2.1.10.2 A daily system audit. The audit must include a review of the calibration check data, an inspection of the
recording system, an inspection of the control panel warning lights, and an inspection of the sample transport and
interface system (e.g., flowmeters, filters), as appropriate.
2.1.10.3 A quarterly calibration error (CE) test. Quarterly RA tests may be substituted for the CE test when approved
by the Director on a case-by-case basis.
2.1.10.4 An annual performance specification test.
2.1.11 References
1. Jahnke, James A. and G.J. Aldina, "Handbook: Continuous Air Pollution Source Monitoring Systems," U.S.
Environmental Protection Agency Technology Transfer, Cincinnati, Ohio 45268, EPA-625/6-79-005, June 1979.
2. "Gaseous Continuous Emissions Monitoring Systems-Performance Specification Guidelines for SC>2, NOx, CC>2,
O2, and TRS." U.S. Environmental Protection Agency OAQPS, ESED, Research Triangle Park, North Carolina
27711, EPA-450/3-82-026, October 1982.
3. "Quality Assurance Handbook for Air Pollution Measurement Systems: Volume I. Principles." U.S. Environmental
Protection Agency ORD/EMSL, Research Triangle Park, North Carolina, 27711, EPA-600/9-76-006, December
1984.
4. Michie, Raymond, M. Jr., et. al., "Performance Test Results and Comparative Data for Designated Reference
Methods for Carbon Monoxide," U.S. Environmental for Continuous Emission Monitoring of Hydrocarbons for
Incinerators, Boilers, and Industrial Furnaces Burning Hazardous Waste
2.2.1 Applicability and Principle
2.2.1.1 Applicability. These performance specifications apply to hydrocarbon (HC) continuous emission monitoring
systems (CEMSs) installed on incinerators, boilers, and industrial furnaces burning hazardous waste. The
specifications include procedures which are intended to be used to evaluate the acceptability of the CEMS at the time
of its installation or whenever specified in regulations or permits. The procedures are not designed to evaluate CEMS
performance over an extended period of time. The source owner or operator is responsible for the proper calibration,
maintenance, and operation of the CEMS at all times.
2.2.1.2 Principle. A gas sample is extracted from the source through a heated sample line and heated filter (except
as provided by section 2.2.10) to a flame ionization detector (FID). Results are reported as volume concentration
equivalents of propane. Installation and measurement location specifications, performance and equipment
specifications, test and data reduction procedures, and brief quality assurance guidelines are included in the
specifications. Calibration drift, calibration error, and response time tests are conducted to determine conformance of
the CEMS with the specifications.
92
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2.2.2 Definitions
2.2.2.1 Continuous Emission Monitoring System (CEMS). The total equipment used to acquire data, which includes
sample extraction and transport hardware, analyzer, data recording and processing hardware, and software. The
system consists of the following major subsystems:
2.2.2.1.1 Sample Interface. That portion of the system that is used for one or more of the following: Sample
acquisition, sample transportation, sample conditioning, or protection of the analyzer from the effects of the stack
effluent.
2.2.2.1.2 Organic Analyzer. That portion of the system that senses organic concentration and generates an output
proportional to the gas concentration.
2.2.2.1.3 Data Recorder. That portion of the system that records a permanent record of the measurement values.
The data recorder may include automatic data reduction capabilities.
2.2.2.2 Instrument Measurement Range. The difference between the minimum and maximum concentration that can
be measured by a specific instrument. The minimum is often stated or assumed to be zero and the range expressed
only as the maximum.
2.2.2.3 Span or Span Value. Full scale instrument measurement range.
2.2.2.4 Calibration Gas. A known concentration of a gas in an appropriate diluent gas.
2.2.2.5 Calibration Drift (CD). The difference in the CEMS output readings from the established reference value after
a stated period of operation during which no unscheduled maintenance, repair, or adjustment takes place. A CD test
is performed to demonstrate the stability of the CEMS calibration overtime.
2.2.2.6 Response Time. The time interval between the start of a step change in the system input (e.g., change of
calibration gas) and the time when the data recorder displays 95 percent of the final value.
2.2.2.7 Accuracy. A measurement of agreement between a measured value and an accepted or true value,
expressed as the percentage difference between the true and measured values relative to the true value. For these
performance specifications, accuracy is checked by conducting a calibration error (CE) test.
2.2.2.8 Calibration Error (CE). The difference between the concentration indicated by the CEMS and the known
concentration of the cylinder gas. ACE test procedure is performed to document the accuracy and linearity of the
monitoring equipment over the entire measurement range.
2.2.2.9 Performance Specification Test (PST) Period. The period during which CD, CE, and response time tests are
conducted.
2.2.2.10 Centroidal Area. A concentric area that is geometrically similar to the stack or duct cross section and is no
greater than 1 percent of the stack or duct cross-sectional area.
2.2.3 Installation and Measurement Location Specifications
2.2.3.1 CEMS Installation and Measurement Locations. The CEMS shall be installed in a location in which
measurements representative of the source's emissions can be obtained. The optimum location of the sample
interface for the CEMS is determined by a number of factors, including ease of access for calibration and
maintenance, the degree to which sample conditioning will be required, the degree to which it represents total
emissions, and the degree to which it represents the combustion situation in the firebox. The location should be as
free from in-leakage influences as possible and reasonably free from severe flow disturbances. The sample location
should be at least two equivalent duct diameters downstream from the nearest control device, point of pollutant
generation, or other point at which a change in the pollutant concentration or emission rate occurs and at least 0.5
diameter upstream from the exhaust or control device. The equivalent duct diameter is calculated as per 40 CFR part
60, appendix A, method 1, section 2.1. If these criteria are not achievable or if the location is otherwise less than
93
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optimum, the possibility of stratification should be investigated as described in section 2.2.3.2. The measurement
point shall be within the centroidal area of the stack or duct cross section.
2.2.3.2 Stratification Test Procedure. Stratification is defined as a difference in excess of 10 percent between the
average concentration in the duct or stack and the concentration at any point more than 1.0 meter from the duct or
stack wall. To determine whether effluent stratification exists, a dual probe system should be used to determine the
average effluent concentration while measurements at each traverse point are being made. One probe, located at the
stack or duct centroid, is used as a stationary reference point to indicate the change in effluent concentration over
time. The second probe is used for sampling at the traverse points specified in 40 CFR part 60 appendix A, method
1. The monitoring system samples sequentially at the reference and traverse points throughout the testing period for
five minutes at each point.
2.2.4 CEMS Performance and Equipment Specifications
If this method is applied in highly explosive areas, caution and care shall be exercised in choice of equipment and
installation.
2.2.4.1 Flame lonization Detector (FID) Analyzer. A heated FID analyzer capable of meeting or exceeding the
requirements of these specifications. Heated systems shall maintain the temperature of the sample gas between 150
°C (300 °F) and 175 °C (350 °F) throughout the system. This requires all system components such as the probe,
calibration valve, filter, sample lines, pump, and the FID to be kept heated at all times such that no moisture is
condensed out of the system.
Note: As specified in the regulations, unheated HC CEMs may be considered an acceptable interim alternative
monitoring technique. For additional notes, see section 2.2.10. The essential components of the measurement
system are described below:
2.2.4.1.1 Sample Probe. Stainless steel, or equivalent, to collect a gas sample from the centroidal area of the stack
cross-section.
2.2.4.1.2 Sample Line. Stainless steel or Teflon tubing to transport the sample to the analyzer.
Note: Mention of trade names or specific products does not constitute endorsement by the Environmental Protection
Agency.
2.2.4.1.3 Calibration Valve Assembly. A heated three-way valve assembly to direct the zero and calibration gases to
the analyzer is recommended. Other methods, such as quick-connect lines, to route calibration gas to the analyzers
are applicable.
2.2.4.1.4 Particulate Filter. An in-stack or out-of-stack sintered stainless steel filter is recommended if exhaust gas
particulate loading is significant. An out-of-stack filter must be heated.
2.2.4.1.5 Fuel. The fuel specified by the manufacturer (e.g., 40 percent hydrogen/60 percent helium, 40 percent
hydrogen/60 percent nitrogen gas mixtures, or pure hydrogen) should be used.
2.2.4.1.6 Zero Gas. High purity air with less than 0.1 parts per million by volume (ppm) HC as methane or carbon
equivalent or less than 0.1 percent of the span value, whichever is greater.
2.2.4.1.7 Calibration Gases. Appropriate concentrations of propane gas (in air or nitrogen). Preparation of the
calibration gases should be done according to the procedures in EPA Protocol 1. In addition, the manufacturer of the
cylinder gas should provide a recommended shelf life for each calibration gas cylinder over which the concentration
does not change by more than ±2 percent from the certified value.
2.2.4.2 CEMS Span Value. 100 ppm propane.
2.2.4.3 Daily Calibration Gas Values. The owner or operator must choose calibration gas concentrations that include
zero and high-level calibration values.
94
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2.2.4.3.1 The zero level may be between 0 and 20 ppm (zero and 20 percent of the span value).
2.2.4.3.2 The high-level concentration shall be between 50 and 90 ppm (50 and 90 percent of the span value).
2.2.4.4 Data Recorder Scale. The strip chart recorder, computer, or digital recorder must be capable of recording all
readings within the CEMS's measurement range and shall have a resolution of 0.5 ppm (0.5 percent of span value).
2.2.4.5 Response Time. The response time for the CEMS must not exceed 2 minutes to achieve 95 percent of the
final stable value.
2.2.4.6 Calibration Drift. The CEMS must allow the determination of CD at the zero and high-level values. The CEMS
calibration response must not differ by more than ±3 ppm (±3 percent of the span value) after each 24-hour period of
the 7-day test at both zero and high levels.
2.2.4.7 Calibration Error. The mean difference between the CEMS and reference values at all three test points listed
below shall be no greater than 5 ppm (±5 percent of the span value).
2.2.4.7.1 Zero Level. Zero to 20 ppm (0 to 20 percent of span value).
2.2.4.7.2 Mid-Level. 30 to 40 ppm (30 to 40 percent of span value).
2.2.4.7.3 High-Level. 70 to 80 ppm (70 to 80 percent of span value).
2.2.4.8 Measurement and Recording Frequency. The sample to be analyzed shall pass through the measurement
section of the analyzer without interruption. The detector shall measure the sample concentration at least once every
15 seconds. An average emission rate shall be computed and recorded at least once every 60 seconds.
2.2.4.9 Hourly Rolling Average Calculation. The CEMS shall calculate every minute an hourly rolling average, which
is the arithmetic mean of the 60 most recent 1-minute average values.
2.2.4.10 Retest. If the CEMS produces results within the specified criteria, the test is successful. If the CEMS does
not meet one or more of the criteria, necessary corrections must be made and the performance tests repeated.
2.2.5 Performance Specification Test (PST) Periods
2.2.5.1 Pretest Preparation Period. Install the CEMS, prepare the PTM test site according to the specifications in
section 2.2.3, and prepare the CEMS for operation and calibration according to the manufacturer's written
instructions. A pretest conditioning period similar to that of the 7-day CD test is recommended to verify the
operational status of the CEMS.
2.2.5.2 Calibration Drift Test Period. While the facility is operating under normal conditions, determine the magnitude
of the CD at 24-hour intervals for seven consecutive days according to the procedure given in section 2.2.6.1. All CD
determinations must be made following a 24-hour period during which no unscheduled maintenance, repair, or
adjustment takes place. If the combustion unit is taken out of service during the test period, record the onset and
duration of the downtime and continue the CD test when the unit resumes operation.
2.2.5.3 Calibration Error Test and Response Time Test Periods. Conduct the CE and response time tests during the
CD test period.
2.2.6 Performance Specification Test Procedures
2.2.6.1 Calibration Drift Test.
2.2.6.1.1 Sampling Strategy. Conduct the CD test at 24-hour intervals for seven consecutive days using calibration
gases at the two daily concentration levels specified in section 2.2.4.3. Introduce the two calibration gases into the
sampling system as close to the sampling probe outlet as practical. The gas shall pass through all CEM components
95
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used during normal sampling. If periodic automatic or manual adjustments are made to the CEMS zero and
calibration settings, conduct the CD test immediately before these adjustments, or conduct it in such a way that the
CD can be determined. Record the CEMS response and subtract this value from the reference (calibration gas)
value. To meet the specification, none of the differences shall exceed 3 ppm.
2.2.6.1.2 Calculations. Summarize the results on a data sheet. An example is shown in Figure 2.2-1. Calculate the
differences between the CEMS responses and the reference values.
2.2.6.2 Response Time. The entire system including sample extraction and transport, sample conditioning, gas
analyses, and the data recording is checked with this procedure.
2.2.6.2.1 Introduce the calibration gases at the probe as near to the sample location as possible. Introduce the zero
gas into the system. When the system output has stabilized (no change greater than 1 percent of full scale for 30
sec), switch to monitor stack effluent and wait for a stable value. Record the time (upscale response time) required to
reach 95 percent of the final stable value.
2.2.6.2.2 Next, introduce a high-level calibration gas and repeat the above procedure. Repeat the entire procedure
three times and determine the mean upscale and downscale response times. The longer of the two means is the
system response time.
2.2.6.3 Calibration Error Test Procedure.
2.2.6.3.1 Sampling Strategy. Challenge the CEMS with zero gas and EPA Protocol 1 cylinder gases at measurement
points within the ranges specified in section 2.2.4.7.
2.2.6.3.1.1 The daily calibration gases, if Protocol 1, may be used for this test.
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2.2.9 Quality Assurance (QA)
Proper calibration, maintenance, and operation of the CEMS is the responsibility of the owner or operator. The owner
or operator must establish a QA program to evaluate and monitor CEMS performance. As a minimum, the QA
program must include:
2.2.9.1 A daily calibration check for each monitor. The calibration must be adjusted if the check indicates the
instrument's CD exceeds 3 ppm. The gases shall be injected as close to the probe as possible to provide a check of
the entire sampling system. If an alternative calibration procedure is desired (e.g., direct injections or gas cells),
subject to Administrator approval, the adequacy of this alternative procedure may be demonstrated during the initial
7-day CD test. Periodic comparisons of the two procedures are suggested.
2.2.9.2 A daily system audit. The audit must include a review of the calibration check data, an inspection of the
recording system, an inspection of the control panel warning lights, and an inspection of the sample transport and
interface system (e.g., flowmeters, filters), as appropriate.
2.2.9.3 A quarterly CE test. Quarterly RA tests may be substituted for the CE test when approved by the Director on
a case-by-case basis.
2.2.9.4 An annual performance specification test.
2.2.10 Alternative Measurement Technique
The regulations allow gas conditioning systems to be used in conjunction with unheated HC CEMs during an interim
period. This gas conditioning may include cooling to not less than 40 °F and the use of condensate traps to reduce
the moisture content of sample gas entering the FID to less than 2 percent. The gas conditioning system, however,
must not allow the sample gas to bubble through the condensate as this would remove water soluble organic
compounds. All components upstream of the conditioning system should be heated as described in section 2.2.4 to
minimize operating and maintenance problems.
2.2.11 References
1. Measurement of Volatile Organic Compounds-Guideline Series. U.S. Environmental Protection Agency, Research
Triangle Park, North Carolina, 27711, EPA-450/2-78-041, June 1978.
2. Traceability Protocol for Establishing True Concentrations of Gases Used for Calibration and Audits of Continuous
Source Emission Monitors (Protocol No. 1). U.S. Environmental Protection Agency ORD/EMSL, Research Triangle
Park, North Carolina, 27711, June 1978.
3. Gasoline Vapor Emission Laboratory Evaluation-Part 2. U.S. Environmental Protection Agency, OAQPS, Research
Triangle Park, North Carolina, 27711, EMB Report No. 76-GAS-6, August 1975.
Section 3.0 Sampling and Analytical Methods
Note: The sampling and analytical methods to the BIF manual are published in "Test Methods for Evaluating Solid
Waste, Physical/Chemical Methods," EPA Publication SW-846.
Section 4.0 Procedure for Estimating the Toxicity Equivalence of Chlorinated Dibenzo-P-Dioxin and Dibenzofuran
Congeners
PCDDs and PCDFs must be determined using whichever is the most recent version between of SW-846 Method
0023A (incorporated by reference, in §260.11) as identified, or OAQPS Method 23 of appendix A to part 60. In this
method, individual congeners or homologues1 are measured and then summed to yield a total PCDD/PCDF value.
No toxicity factors are specified in the method to compute risks from such emissions.
98
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1 The term "congener" refers to any one particular member of the same chemical family; e.g. , there are 75 congeners
of chlorinated dibenzo-p-dioxins. The term "homologue" refers to a group of structurally related chemicals that have
the same degree of chlorination. For example, there are eight homologues of CDs, monochlorinated through
octachlorinated. Dibenzo-p-dioxins and dibenzofurans that are chlorinated at the 2,3,7, and 8 positions are denoted
as "2378" congeners, except when 2,3,7,8-TCDD is uniquely referred to: e.g. , 1,2,3,7,8-PeCDF and 2,3,4,7,8-
PeCDF are both referred to as "2378-PeCDFs."
For the purpose of estimating risks posed by emissions from boilers and industrial furnaces, however, specific
congeners and homologues must be measured using the specified method and then multiplied by the assigned
toxicity equivalence factors (TEFs), using procedures described in "Interim Procedures for Estimating Risks
Associated with Exposures to Mixtures of Chlorinated Dibenzo-p-Dioxins and Dibenzofurans (CDDs and CDFs) and
1989 Update," EPA/625/3-89/016, March 1989. The resulting 2,3,7,8-TCDD equivalents value is used in the
subsequent risk calculations and modeling efforts as discussed in the BIF final rule.
The procedure for calculating the 2,3,7,8-TCDD equivalent is as follows:
1. Using method 23, determine the concentrations of 2,7,3,8-congeners of various PCDDs and PCDFs in the sample.
2. Multiply the congener concentrations in the sample by the TEF listed in Table 4.0-1 to express the congener
concentrations in terms of 2,3,7,8-TCDD equivalent. Note that congeners not chlorinated at 2,3,7, and 8 positions
have a zero toxicity factor in this table.
3. Add the products obtained in step 2, to obtain the total 2,3,7,8-TCDD equivalent in the sample.
Sample calculations are provided in EPA document No. EPA/625/3-89/016, March 1989, which can be obtained from
the EPA, ORD Publications Office, Cincinnati, Ohio (Phone no. 513-569-7562).
Table 4.0-1—2,3,7,8-TCDD Toxicity Equivalence Factors (TEFs)1
Compound
Mono-, Di-, and TriCDDs
2,3,7,8-TCDD
Other TCDDs
2,3,7,8-PeCDD
Other PeCDDs
2,3,7,8-HxCDD
Other HxCDDs
2,3,7,8-HpCDD
Other HpCDDs
OCDD
Mono-, Di-, and TriCDFs
2,3,7,8-TCDF
Other TCDFs
1,2,3,7,8-PeCDF
2,3,4,7,8-PeCDF
l-TEFs, 89
0
1
0
0.5
0
0.1
0
0.01
0
0.001
0
0.1
0
0.05
0.5
99
-------
Other PeCDFs
2378-HxCDFs
Other HxCDFs
2378-HpCDFs
Other HpCDFs
OCDF
0
0.1
0
0.01
0
0.001
Reference: Adapted from NATO/CCMS, 1988a.
Interim Procedures for Estimating Risks Associated with Exposures to Mixtures of Chlorinated Dibenzo-p-Dioxins
and Dibenzofurans (CDDs and CDFs) 1989 Update EPA/625/3-89/016, March 1989.
Section 5.0 Hazardous Waste Combustion Air Quality Screening Procedure
The HWCAQSP is a combined calculation/reference table approach for conservatively estimating short-term and
annual average facility impacts for stack emissions. The procedure is based on extensive short-term modeling of 11
generic source types and on a set of adjustment factors for estimating annual average concentrations from short-term
concentrations. Facility impacts may be determined based on the selected worst-case stack or on multiple stacks, in
which the impacts from each stack are estimated separately and then added to produce the total facility impact.
This procedure is most useful for facilities with multiple stacks, large source-to-property boundary distances, and
complex terrain between 1 and 5 km from the facility. To ensure a sufficient degree of conservatism, the HWCAQSP
may not be used if any of the five screening procedure limitations listed below are true:
• The facility is located in a narrow valley less than 1 km wide;
• The facility has a stack taller than 20 m and is located such that the terrain rises to the stack height within 1 km of
the facility;
• The facility has a stack taller than 20 m and is located within 5 km of the shoreline of a large body of water;
• The facility property line is within 200 m of the stack and the physical stack height is less than 10 m; or
• On-site receptors are of concern, and stack height is less than 10 m.
If any of these criteria are met or the Director determines that this procedure is not appropriate, then detailed site-
specific modeling or modeling using the "Screening Procedures for Estimating the Air Quality Impact of Stationary
Sources," EPA-450/4-88-010, Office of Air Quality Planning and Standards, August 1988, is required. Detailed site-
specific dispersion modeling must conform to the EPA "Guidance on Air Quality Models (Revised)", EPA 450/2-78-
027R, Office of Air Quality Planning and Standards, Research Triangle Park, North Carolina, July 1986. This
document provides guidance on both the proper selection and regulatory application of air quality models.
Introduction
The Hazardous Waste Combustion Air Quality Screening Procedure (HWCAQSP) (also referred to hereafter as "the
screening procedure" or "the procedure") provides a quick, easy method for estimating maximum (hourly) and annual
average ambient air impacts associated with the combustion of hazardous waste. The methodology is conservative in
nature and estimates dispersion coefficients1 based on facility-specific information.
1 The term dispersion coefficient refers to the change in ambient air concentration (ug/m3) resulting from a source
with an emission rate of 1 g/sec.
100
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The screening procedure can be used to determine emissions limits at sites where the nearest meteorological
(STAR) station is not representative of the meteorology at the site. If the screen shows that emissions from the site
are adequately protective, then the need to collect site-specific meteorological data can be eliminated.
The screening procedure is generally most helpful for facilities meeting one or more of the following conditions:
• Multiple stacks with substantially different release specifications (e.g., stack heights differ by >50 percent, exit
temperatures differ by >50 °K, or the exit flow rates differ by more than a factor of 2),
• Terrain located between 1 km and 5 km from the site increases in elevation by more than the physical height of the
shortest stack (i.e., the facility is located in complex terrain), or
• Significant distance between the facility's stacks and the site boundary [guidance on determining whether a distance
is "significant" is provided in Step 6(B) of the procedure].
Steps 1 through 9 of the screening procedure present a simplified method for determining emissions based on the
use of the "worst-case" stack. If the simplified method shows that desired feed rates result in emissions that exceed
allowable limits for one or more pollutants, a refined analysis to examine the emissions from each stack can be
conducted. This multiple-stack method is presented in Step 10.
The steps involved in screening methodology are as follows:
Step 1. Define Source Characteristics
Step 2. Determine the Applicability of the Screening Procedure
Step 3. Select the Worst-Case Stack
Step 4. Verify Good Engineering Practice (GEP) Criteria
Step 5. Determine the Effective Stack Height and Terrain-Adjusted Effective Stack Height
Step 6. Classify the Site as Urban or Rural
Step 7. Determine Maximum Dispersion Coefficients
Step 8. Estimate Maximum Ambient Air Concentrations
Step 9. Determine Compliance With Regulatory Limits
2 Worksheet space is provided for three stacks. If the facility has additional stacks, copy the form and revise stack
identification numbers for 4, 5, etc.
Step 10. Multiple Stack Method
Step 1: Define Source Characteristics
Provide the following source data:2
Stack Data:
Physical stack height (m)
Exhaust temperature (°K)
Stack No. 1
Stack No. 2
Stack No. 3
101
-------
Flow rate (mj/sec)
Nearby Building Dimensions
Consider all buildings within five building heights or five maximum projected widths of the stack(s). For the building
with the greatest height, fill in the spaces below.
Building Height (m)
Maximum projected building width (m)
Nearby Terrain Data
Determine maximum terrain rise for the following three distance ranges from the facility (not required if the highest
stack is less than 10 m in height):
(m)
0-0.5 km
Distance from facility to nearest shorelin
Valley width (km)
(m)
0-2.5 km
8 (km)
(m)
0-5 km
Step 2: Determine the Applicability of the Screening Procedure
Fill in the following data:
Is the facility in a valley < km in width?
Is the terrain rise within 1 km of the facility greater than the physical stack height of the tallest
stack? (Only applies to stacks <20 meters in height)
Is the distance to the nearest shoreline <5 km? (Only applies to facilities with stacks <20 meters
in height)
For the building listed in Step 1 , is the closest property boundary <5 times the building height or
<5 times the maximum projected building width? (Only applies to facilities with a stack height
<2.5 times the building height)
Yes
No
If the answer is "no" to all the preceding questions, then the HWCAQSP is acceptable. If the answer to any question
is "yes", the procedure is not acceptable.
Step 3: Select the Worst-Case Stack
If the facility has several stacks, a worst-case stack must be chosen to conservatively represent release conditions at
the facility. Follow the steps below to identify the worst-case stack.
Apply the following equation to each stack:
K=HVT
where:
K=an arbitrary parameter accounting for the relative influence of the stack height and plume rise.
102
-------
H=Physical stack height (m)
V=Flow rate (m3 /sec)
T=Exhaust temperature (°K)
Complete the following table to compute the "K" value for each stack:
Stack No.
1
2
3
Stack height (m)
X
X
X
X
Flow rate (mj/sec)
X
X
X
X
Exit temp (°K)
=
=
=
=
K
Select the stack with the lowest "K" value. This is the worst-case stack that will be used for Steps 4 through 9.
Worst-Case Stack is identified as Stack No.
Step 4: Verify Good Engineering Practice (GEP) Criteria
Confirm that the selected worst-case stack meets Good Engineering Practice (GEP) criteria. The stack height to be
used in the subsequent steps of this procedure must not be greater than the maximum GEP. Maximum and minimum
GEP stack heights are defined as follows:
CEP (minimum)=H+(1.5x|_)
GEP (maximum)=greater of 65 m or H+(1.5x|_)
where:
H=height of the building selected in Step 1 measured from ground level elevation at the base of the stack
L=the lesser dimension of the height or projected width of the building selected in Step 1
Record the following data for the worst-case stack:
Stack height (m)=
H(m)=
L(m)=
Then compute the following:
GEP (minimum) (m)=
GEP (maximum) (m)=
• If the physical height of the worst-case stack exceeds the maximum GEP, then use the maximum GEP stack height
for the subsequent steps of this analysis;
103
-------
• If the physical height of the worst-case stack is less than the minimum GEP, then use generic source number 11 as
the selected source for further analysis and proceed directly to Step 6;
• If the physical height of the worst-case stack is between the minimum and maximum GEP, then use the actual
physical stack height for the subsequent steps of this analysis.
Step 5: Determine the Effective Stack Height and the Terrain-Adjusted Effective Stack Height (TAESH)
The effective stack height is an important factor in dispersion modeling. The effective stack height is the physical
height of the stack plus plume rise. As specified in Step 4, the stack height used to estimate the effective stack height
must not exceed GEP requirements. Plume rise is a function of the stack exit gas temperature and flow rate.
In this analysis, the effective stack height is used to select the generic source that represents the dispersion
characteristics of the facility. For facilities located in flat terrain and for all facilities with worst-case stacks less than or
equal to 10 meters in height, generic source numbers are selected strictly on the basis of effective stack height. In all
other cases, the effective stack height is further adjusted to take into account the terrain rise near the facility. This
"terrain-adjusted effective stack height" (TAESH) is then used to select the generic source number that represents the
dispersion characteristics of the facility. Follow the steps below to identify the effective stack height, the TAESH
(where applicable), and the corresponding generic source number.
(A) Go to Table 5.0-1 and find the plume rise value corresponding to the stack temperature and exit flow rate for the
worst-case stack determined in Step 3.
Plume rise= (m)
(B) Add the plume rise to the GEP stack height of the worst-case stack determined in Steps 3 and 4.
GEP stack height (m)
+
+
Plume rise (m)
=
=
Effective stack height (m)
(C) Go to the first column of Table 5.0-2 and identify the range of effective stack heights that includes the effective
stack height estimated in Step 5(B). Record the generic source number that corresponds to this range.
Generic source number=
(D) If the source is located in flat terrain3, or if the generic source number identified in Step 5(C) above is 1 or 11
(regardless of terrain classification), use the generic source number determined in Step 5(C) and proceed directly to
Step 6. Otherwise, continue to Step 5(E).
3 The terrain is considered flat and terrain adjustment factors are not used if the maximum terrain rise within 5 km of
the facility (see Step 1) is less than 10 percent of the physical stack height of the worst-case stack.
(E) For those situations where the conditions in Step 5(D) do not apply, the effective stack height must be adjusted
for terrain. The TAESH for each distance range is computed by subtracting the terrain rise within the distance range
from the effective stack height.4
4 Refer to Step 1 for terrain adjustment data. Note that the distance from the source to the outer radii of each range is
used. For example, for the range >0.5-2.5 km, the maximum terrain rise in the range 0.0-2.5 km is used.
104
-------
Table 5.0-1—Estimated Plume Rise (in Meters) Based on Stack Exit Flow Rate and Gas Temperature
Exhaust Temperature (°K)
Flow rate
(m3/s)
<0.5
0.5-0.9
1.0-1.9
2.0-2.9
3.0-3.9
4.0-4.9
5.0-7.4
7.5-9.9
10.0-12.4
12.5-14.9
15.0-19.9
20.0-24.9
25.0-29.9
30.0-34.9
35.0-39.9
40.0-49.9
50.0-59.9
60.0-69.9
70.0-79.9
80.0-89.9
90.0-99.9
100.0-119.9
120.0-139.9
140.0-159.9
160.0-179.9
180.0-199.9
>199.9
<325
0
0
0
0
0
1
2
3
4
4
5
6
7
8
9
10
12
14
16
17
19
21
22
23
25
26
26
325-
349
0
0
0
0
1
2
3
5
6
7
8
10
12
14
16
17
21
22
23
25
26
26
28
30
31
32
33
350-
399
0
0
0
1
2
4
5
8
10
12
13
17
20
22
23
24
26
27
29
30
31
32
35
36
38
40
41
400-
449
0
0
0
3
5
6
8
12
15
18
20
23
25
26
28
29
31
33
35
36
38
39
42
44
46
48
49
450-
499
0
0
1
4
6
8
10
15
19
22
23
25
27
29
30
32
34
36
38
40
42
43
46
48
50
52
54
500-
599
0
0
1
4
7
10
12
17
21
23
24
27
29
31
32
34
36
39
41
42
44
46
49
51
54
56
58
600-
699
0
0
2
6
9
12
14
20
23
25
26
29
31
33
35
36
39
42
44
46
48
49
52
55
58
60
62
700-
799
0
0
3
6
10
13
16
22
24
26
27
30
32
35
36
38
41
43
46
48
50
52
55
58
60
63
65
800-
999
0
1
3
7
11
14
17
22
25
27
28
31
33
36
37
39
42
45
47
49
51
53
56
59
62
65
67
1000-
1499
0
1
3
8
12
15
19
23
26
28
29
32
35
37
39
41
44
47
49
51
53
55
59
62
65
67
69
>1499
0
1
4
9
13
17
21
24
27
29
31
34
36
39
41
42
46
49
51
54
56
58
61
65
67
70
73
105
-------
Table 5.0-2—Selection of Generic Source Number
Effective stack height (m)
<10.0
10.0-14.9
15.0-19.9
20.0-24.9
25.0-30.9
31.0-41.9
42.0-52.9
53.0-64.9
65.0-122.9
113.0+
Downwash
Generic source No.
1
2
3
4
5
6
7
8
9
10
11
Table 5.0-3—Classification of Land Use Types
Type1
11
12
Cl
R1
R2
R3
R4
A1
A2
A3
A4
A5
Description
Heavy Industrial
Light/Moderate Industrial
Commercial
Common Residential (Normal Easements)
Compact Residential (Single Family)
Compact Residential (Multi-Family)
Estate Residential (Multi-Acre Plots)
Metropolitan Natural
Agricultural
Undeveloped (Grasses/Weeds)
Undeveloped (Heavily Wooded)
Water Surfaces
Urban or rural designation2
Urban
Urban
Urban
Rural
Urban
Rural
Rural
Rural
Rural
Rural
Rural
Rural
1EPA, Guideline on Air Quality Models (Revised), EPA-450/2-78-027R, Office of Air Quality Planning and
Standards, Research Triangle Park, North Carolina, July, 1986.
2Auer, August H. Jr., "Correlation of Land Use and Cover with meteorological Anomalies," Journal of Applied
Meteorology, pp. 636-643, 1978.
106
-------
Distance range
(km)
0.0-0.5
>0.5-2.5
>2. 5-5.0
Effective stack — height (m) [see
step 5(B)]
_
_
_
-
Maximum terrain — rise (m) (see
step 1)
_
=
=
=
TAESH(m)
If the terrain rise for any of the distance ranges is greater than the effective stack height, set the TAESH equal to zero
and use generic source number 1 for that distance range.
Record the generic source numbers from Table 5.0-2 based on each of the TAESH values.
Distance range (km)
0.0-0.5
>0.5-2.5
>2. 5-5.0
Generic source No. (after terrain adjustment)
Step 6: Classify the Site as Urban or Rural
(A) Classify the land use near the facility as either urban or rural by determining the percentage of urban land use
types (as defined in Table 3; for further guidance see the footnoted references) that fall within 3 km of the facility.5
5 The delineation of urban and rural areas can be difficult for the residential-type areas listed in Table 5.0-3. The
degree of resolution in Table 5.0-3 for residential areas often cannot be identified without conducting site area
inspections. This process can require extensive analysis, which, for many applications, can be greatly streamlined
without sacrificing confidence in selecting the appropriate urban or rural classification. The fundamental simplifying
assumption is based on the premise that many applications will have clear-cut urban/rural designations, i.e., most will
be in rural settings that can be definitively characterized through a review of aerial photographs, zoning maps, or U.S.
Geological Survey topographical maps.
Method Used to Estimate Percent Urban Land Use:
Estimated Percentages
Visual
Urban
Planimeter
Rural
If the urban land use percentage is less than or equal to 30 percent based on a visual estimate, or 50 percent based
on a planimeter, the local land use is considered rural. Otherwise, the local land use is considered urban.
Classification
(check applicable space)
Urban
Rural
(B) Based on the TAESH and the urban/rural classification of surrounding land use, use the following table to
determine the threshold distance between any stack and the nearest facility boundary.
107
-------
Terrain adjusted effective stack height range (m)
1-9.9
10-14.9
15-19.9
20-24.9
25-30.9
31-41.9
42-52.9
53-64.9
65-112.9
113+
Distance (m)
Urban
200
200
200
200
200
200
250
300
400
700
Rural
200
250
250
350
450
550
800
1000
1200
2500
Record the following information:
Threshold distance from the table
(m):_
Minimum distance from any stack to property boundary (m):
If the minimum distance between any stack and the nearest facility boundary is greater than the threshold distance,
the surrounding buffer distance is considered significant and the facility is likely to benefit from use of the HWCAQSP
relative to the Tier I and II limits (see discussion of benefits from using HWCAQSP in Introduction section).
Step 7: Determine Maximum Dispersion Coefficients
(A) Determine maximum average hourly dispersion coefficients. Based on the results of Step 6(A), select either Table
5.0-4 (urban) or Table 5.0-5 (rural) to determine the maximum average hourly dispersion coefficient.6 For flat terrain
[defined in Step 5(D)] and for all sites with generic source numbers 1 or 11, use Step 7(A) (1). For rolling or complex
terrain (excluding generic sources numbers 1 and 11), use Step 7(A) (2).
6 For the distance range 6 to 20 kilometers, generic source number 1 is used to conservatively represent the
maximum dispersion coefficient.
(1) Search down the appropriate generic source number column [based on Step 5(C)], beginning at the minimum
fenceline distance listed in Step 6(B).7 Record the maximum average hourly dispersion coefficient encountered.
7 Exclude all distances that are closer to the facility than the property boundary. For example, if the actual distance to
the nearest property boundary is 265 meters, begin at the 300 meter distance in Tables 5.0-4 and 5.0-5.
Maximum Average Hourly Dispersion Coefficients (ug/m3 /g/sec)
(2) For each of the three distance-based generic source numbers listed in Step 5(E), search down the appropriate
generic source number columns, beginning at the minimum fenceline distance listed in Step 6(B). Note that different
columns may be used for each of the three distance ranges if there is a need for terrain adjustment. Record the
maximum dispersion coefficient for each generic source number.
108
-------
Distance range
(km)
0.0-0.5
>0.5-2.5
>2. 5-5.0
>5.0-20.0
Generic source No. [from Step
5(E)]
Maximum dispersion coefficient
(ug/m3/m/sec)
Table 5.0-4—ISCST Predicted Maximum Concentrations (|jg/m )afor Hazardous Waste Combustors Using
Urban Conditions
Distanc
e(KM)
0.20
0.25
0.30
0.35
0.40
0.45
0.50
0.55
0.60
0.65
0.70
0.75
0.80
0.85
0.90
0.95
1.00
1.10
1.20
1.30
1.40
1.50
Generi
c
Source
#1
(<10M)
680.1
521.9
407.7
326.2
268.5
240.8
218.5
200.3
185.1
172.2
161.2
151.6
143.2
135.8
129.2
123.3
118.0
108.8
101.1
94.6
89.0
84.1
Generi
c
Source
#2
(10M)
517.5
418.2
351.7
304.2
268.5
240.7
218.5
200.3
185.1
172.2
161.2
151.6
143.2
135.8
129.2
123.3
118.0
108.0
101.1
94.6
89.0
84.1
Generi
c
Source
#3
(15M)
368.7
303.7
256.2
221.6
195.6
175.4
159.2
145.9
134.9
125.5
117.4
110.5
104.4
99.0
94.2
89.9
86.0
79.3
73.7
68.9
64.8
61.3
Generi
c
Source
#4
(20M)
268.7
232.6
199.0
172.7
152.5
136.7
124.1
113.8
105.1
97.8
91.6
86.1
81.4
77.2
73.4
70.1
67.0
61.8
57.4
53.7
50.6
47.8
Generi
c
Source
#5
(25M)
168.5
163.0
147.0
130.2
115.7
103.9
94.4
86.5
80.0
74.4
69.6
65.5
61.9
58.7
55.8
53.3
51.0
47.0
43.7
40.9
38.5
36.3
Generi
c
Source
#6
(31 M)
129.8
124.2
118.3
107.9
97.1
87.6
79.7
73.1
67.6
62.9
58.9
55.4
52.3
49.6
47.2
45.0
43.1
39.7
36.9
34.5
32.5
30.7
Generi
c
Source
#7
(42M)
63.4
67.6
63.5
60.0
59.6
56.6
52.9
49.2
45.8
42.7
40.1
37.7
35.6
33.8
32.1
30.7
29.4
27.1
25.2
23.5
22.1
20.9
Generi
c
Source
#8
(53M)
30.1
38.5
41.5
40.5
37.8
37.2
36.7
35.4
33.8
32.0
30.2
28.6
27.1
25.7
24.5
23.4
22.4
20.6
19.2
18.0
16.9
16.0
Generi
c
Source
#9
(65M)
18.4
19.8
25.0
27.3
27.4
26.3
24.7
24.5
24.3
23.7
22.9
22.0
21.1
20.2
19.3
18.5
17.7
16.4
15.2
14.2
13.4
12.7
Generi
c
Source
#10
(113M)
1.6
3.2
4.2
5.4
5.8
5.8
5.8
6.6
7.1
7.4
7.5
7.5
7.4
7.2
7.0
6.8
6.5
6.5
6.4
6.3
6.1
5.9
Generic
Source #11
(Downwash
)
662.3
500.0
389.3
311.9
268.5
240.8
218.5
200.3
185.1
172.2
161.2
151.6
143.2
135.8
129.2
123.3
118.0
108.8
101.1
94.6
89.0
84.1
109
-------
1.60
1.70
1.80
1.90
2.00
2.25
2.50
2.75
3.00
4.00
5.00
6.00
7.00
8.00
9.00
10.00
15.00
20.00
79.8
76.0
72.7
69.6
66.9
61.1
56.4
52.6
49.3
40.2
34.5
30.7
27.8
25.5
23.8
22.3
17.6
15.0
79.8
76.0
72.7
69.6
66.9
61.1
56.4
52.6
49.3
40.2
34.5
30.7
27.8
25.5
23.8
22.3
17.6
15.0
58.2
55.4
53.0
50.7
48.8
44.5
41.1
38.3
35.9
29.3
25.2
30.7
27.8
25.5
23.8
22.3
17.6
15.0
45.4
43.2
41.3
39.6
38.0
34.7
32.1
29.9
28.0
22.8
19.6
30.7
37.8
25.5
23.8
22.3
17.6
15.0
34.5
32.9
31.4
30.1
28.9
26.4
24.4
22.7
21.3
17.4
14.9
30.7
27.8
25.5
23.8
22.3
17.6
15.0
29.2
27.8
26.5
25.4
24.4
22.3
20.6
19.2
18.0
14.7
12.6
30.7
27.8
25.5
23.8
22.3
17.6
15.0
19.9
18.9
18.1
17.3
16.7
15.2
14.0
10.0
9.4
7.6
6.6
30.7
27.8
25.5
23.8
22.3
17.6
15.0
15.2
14.4
13.8
13.2
12.7
11.6
10.7
10.0
9.4
7.6
6.6
30.7
27.8
25.5
23.8
22.3
17.6
15.0
12.0
11.4
10.9
10.5
10.1
9.2
8.5
7.9
7.4
6.1
5.2
30.7
27.8
25.5
23.8
22.3
17.6
15.0
5.6
5.4
5.2
5.0
4.8
4.4
4.1
3.8
3.6
2.9
2.5
30.7
27.8
25.5
23.8
22.3
17.6
15.01
79.8
76.0
72.7
69.6
66.9
61.1
56.4
52.6
49.3
40.2
34.5
30.7
27.8
25.5
23.8
22.3
17.6
15.0
aBased on a 1 Gram/Second Emission Rate
Table 5.0-5—ISCST Predicted Maximum Concentrations (|jg/m
Rural Conditions
afor Hazardous Waste Combustors Using
Distanc
e(KM)
0.20
0.25
0.30
0.35
0.40
0.45
0.50
0.55
Generi
c
source
#1
(<10M)
1771.1
1310.6
1002.3
798.4
656.9
621.5
633.5
630.1
Generi
c
source
#2
(10M)
670.3
678.4
629.2
569.6
516.5
471.1
432.4
399.2
Generi
c
source
#3
(15M)
308.6
316.9
303.4
282.3
278.7
277.6
272.0
263.8
Generi
c
source
#4
(20M)
176.8
183.6
199.1
200.7
194.4
184.3
172.7
168.0
Generi
c
source
#5
(25M)
102.8
104.6
100.4
117.0
125.2
127.5
125.7
121.6
Generi
c
source
#6
(31 M)
76.5
71.8
75.0
71.1
82.7
89.7
92.9
93.3
Generi
c
source
#7
(42M)
28.0
38.0
39.7
36.3
25.3
35.6
34.4
38.6
Generi
c
source
#8
(53M)
10.1
17.6
24.0
25.9
24.6
21.7
21.6
22.1
Generi
c
source
#9
(65M)
3.5
7.9
12.6
16.8
18.1
17.6
15.9
13.6
Generi
c
source
#10
(113M)
0.0
0.2
0.8
1.9
3.1
4.3
5.5
6.5
Generic
source #11
(Downwash
)
1350.8
1227.3
1119.3
1023.8
938.9
851.8
787.8
730.6
110
-------
0.60
0.65
0.70
0.75
0.80
0.85
0.90
0.95
1.00
1.10
1.20
1.30
1.40
1.50
1.60
1.70
1.80
1.90
2.00
2.25
2.50
2.75
3.00
4.00
5.00
6.00
7.00
8.00
9.00
10.00
15.00
20.00
616.6
596.7
573.2
546.9
520.9
495.7
471.5
448.5
426.8
387.5
353.5
323.0
296.6
273.3
252.7
234.5
218.3
203.7
190.7
164.4
143.7
127.0
113.4
78.8
59.1
56.7
40.4
35.8
32.2
29.4
20.5
15.9
370.4
345.4
323.4
304.0
286.8
271.5
257.8
245.4
234.2
214.7
198.4
189.6
182.2
174.6
167.0
159.6
152.4
145.6
139.1
124.5
112.1
101.5
92.4
67.3
54.6
46.7
40.4
35.8
32.2
29.4
20.5
15.9
254.0
243.6
232.9
222.3
212.1
202.4
193.3
184.7
176.8
162.5
150.3
139.9
130.8
122.9
115.9
109.7
104.1
99.1
94.6
85.1
77.3
70.9
65.6
50.6
41.4
46.7
40.4
35.8
32.2
29.4
20.5
15.9
169.1
168.1
165.6
162.0
157.7
153.0
148.1
143.1
138.1
128.2
119.3
111.5
104.5
98.3
92.8
87.9
83.5
79.5
75.9
68.3
62.1
56.9
52.6
40.6
33.2
46.7
40.4
35.8
32.2
29.4
20.5
15.9
116.2
110.3
104.5
98.8
98.8
99.0
98.6
97.6
96.3
91.9
87.4
82.9
78.7
74.7
71.0
67.6
64.4
61.5
58.8
53.0
48.2
38.1
35.2
27.2
22.2
46.7
40.4
35.8
32.2
29.4
20.5
15.9
91.8
89.2
85.8
82.2
78.5
74.9
71.4
72.3
72.6
71.1
69.1
66.7
64.2
61.6
59.1
56.7
54.3
52.1
50.0
45.4
41.4
38.1
35.2
27.2
22.2
46.7
40.4
35.8
32.2
29.4
20.5
15.9
42.6
45.3
47.0
47.7
47.8
47.4
46.6
45.6
44.4
41.8
39.1
36.6
34.3
32.3
31.8
31.6
31.3
30.9
30.4
28.9
27.2
25.6
24.0
29.0
15.6
46.7
40.4
35.8
32.2
29.4
20.5
15.9
21.7
20.9
23.3
25.5
27.1
28.3
29.1
29.6
29.8
29.5
28.6
27.5
26.2
24.9
23.6
22.5
21.4
20.4
19.5
18.1
17.9
17.5
17.0
14.3
12.0
46.7
40.4
35.8
32.2
29.4
20.5
15.9
14.3
14.7
14.6
14.3
13.8
15.0
16.3
17.3
18.2
19.3
19.8
19.8
19.5
19.0
18.4
17.7
17.0
16.3
15.7
14.2
12.9
11.8
11.2
10.4
9.3
46.7
40.4
35.8
32.2
29.4
20.5
15.9
6.7
6.4
5.9
5.5
5.1
4.7
4.5
4.2
4.0
3.9
4.1
4.2
4.2
4.2
4.2
4.3
4.5
4.8
5.1
5.4
5.5
5.4
5.2
4.3
3.5
46.7
40.4
35.8
32.2
29.4
20.5
15.9
676.4
633.4
592.0
554.6
522.1
491.8
464.2
438.9
415.8
375.0
340.3
310.4
284.6
262.0
242.2
224.7
211.9
198.4
186.3
160.8
140.7
124.5
112.5
78.3
58.8
46.7
40.4
35.8
32.2
29.4
20.5
15.9
aBased on a 1 Gram/Second Emission Rate
111
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(B) Determine annual/hourly ratio for rural analysis. The maximum average annual dispersion coefficient is
approximated by multiplying the maximum hourly dispersion coefficient (identified in Step 7(A)) by the appropriate
ratio selection from Table 5.0-6. The generic source number(s) [from Steps 5(C) or 5(E)], urban/rural designation
(from Step 6), and the terrain type are used to select the appropriate scaling factor. Use the noncomplex terrain
designation for all sources located in flat terrain, for all sources where the physical stack height of the worst-case
stack is less than or equal to 10 m, for all sources where the worst-case stack is less than the minimum GEP, and for
those sources where all of the TAESH values in Step 5(E) are greater than zero. Use the complex terrain designation
in all other situations.
(C) Determine maximum average annual dispersion coefficient. The maximum average annual dispersion coefficient
is determined by multiplying the maximum hourly dispersion coefficient (Step 7(A)) by its corresponding annual/hourly
ratio (Step 7(B)).
Terrain
Flat
Rolling or
Complex
Distance
from stack
(m)
0-20.0
0-0.5
<0.5-2.5
<2.5-5.0
<5.0-20.0
Generic
source No.
Maximum hourly
dispersion coefficient
(>g/m3/g/sec)
Annual
hourly
ratio
Maximum annual
dispersion coefficient
(>g/m3/g/sec)1
1Maximum hourly dispersion coefficient times annual/hourly ratio.
Step 8: Estimate Maximum Ambient Air Concentrations—see procedures prescribed in subpart H of 40 CFR part 266.
Step 9: Determine Compliance with Regulatory Limits—see procedures prescribed in subpart H of 40 CFR part 266.
Step 10: Multiple Stack Method (Optional)
This option is a special case procedure that may be helpful when (1) the facility exceeded the regulatory limits for one
or more pollutants, as detailed in Step 9, and (2) the facility has multiple stacks with substantially different emission
rates and effective release heights. Only those pollutants that fail the Step 9 screening limits need to be addressed in
this exercise.
This procedure assesses the environmental impacts from each stack and then sums the results to estimate total
impacts. This option is conceptually the same as the basic approach (Steps 1 through 9) and does not involve
complex calculations. However, it is more time-consuming and is recommended only if the basic approach fails to
meet the risk criteria. The procedure is outlined below.
(A) Compute effective stack heights for each stack.8
8 Follow the procedure outlined in Step 4 of the basic screening procedure to determine the GEP for each stack. If a
stack's physical height exceeds the maximum GEP, use the maximum GEP values. If a stack's physical height is less
than the minimum GEP, use generic source number 11 in the subsequent steps of this analysis. Follow the procedure
in Steps 5(A) and 5(B) to determine the effective height of each stack.
Stack
No.
1
GEP stack height
(m)
Flow rate
(m3/sec)
Exit temp
(°K)
Plume rise
(m)
Effective stack height
(m)
112
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2
3
Add an additional page if more than three stacks are involved. Circle the maximum and minimum
effective stack heights.
(B) Determine if this multiple-stack screening procedure will likely produce less conservative results than the
procedure in Steps 1 through 9. To do this, compute the ratio of maximum-to-minimum effective stack height:
Maximum Effective
Slack Height
Minimum Effective
Stack Height
If the above ratio is greater than 1.25, proceed with the remaining steps. Otherwise, this option is less likely to
significantly reduce the degree of conservatism in the screening method.
(C) Determine if terrain adjustment is needed and select generic source numbers. Select the shortest stack height
and maximum terrain rise out to 5 km from Step 1 and determine if the facility is in flat terrain.
Shortest stack height (m)=
Maximum terrain rise in meters out to 5 km=
Terrain Rise (/»)
Shortest Stack
Height (m)
xlOO =
If the value above is greater than 10 percent, the terrain is considered nonflat; proceed to Step 10(D). If the ratio is
less than or equal to 10 percent, the terrain is considered flat. Identify the generic source numbers based on effective
stack heights computed in Step 10(A). Refer to Table 5.0-2 provided earlier to identify generic source numbers.
Record the generic source numbers identified and proceed to Step 10(F).
Generic Source Numbers
Stack No.
1
2
3
(D) Compute the TAESH and select generic source numbers (four sources located in nonflat terrain).
1. Compute the TAESH for all remaining stacks using the following equation:
HE-TR=TAESH
where:
HE=effective stack height (m)
TR=maximum terrain rise for each distance range (m)
113
-------
TAESH=terrain-adjusted effective stack height (m)
Use the Table Below To Calculate the TAESH for Each Stack"
Distance Range (km)
1
2
3
Stack No.
0-0.5
HE
_
—
_
—
TR
=
=
=
=
TAESH
>0.5-2.5
HE
_
—
_
—
TR
=
=
=
=
TAESH
>2.5-5.0
HE
_
—
_
—
TR
=
=
=
=
TAESH
Refer to Step 1 for terrain adjustment data. Note that the distance from the source to the outer radii of each range is
used. For example, for the range >0.5-2.5 km, the maximum terrain rise in the range 0.0-2.5 km is used.
For those stacks where the terrain rise within a distance range is greater than the effective stack height (i.e., HE-TR
is less than zero), the TAESH for that distance range is set equal to zero, and generic source number 1 should be
used for that distance range for all subsequent distance ranges. Additionally, for all stacks with a physical stack
height of less than or equal to 10 meters, use generic source number 1 for all distance ranges.10 For the remaining
stacks, proceed to Step 10(D)(2).
10 This applies to all stacks less than or equal to 10 meters regardless of the terrain classification.
2. For the remaining stacks, refer to Table 5.0-2 and, for each distance range, identify the generic source number
that includes the TAESH. Use the values obtained from Steps 10(D)(1) and 10(D)(2) to complete the following
summary worksheet;
Generic Source Number After Terrain Adjusted (if Needed)
Stack No.
1
2
3
0-0.5 km
>0.5-2.5 km
>2.5-5.0 km
(E) Identify maximum average hourly dispersion coefficients. Based on the land use classification of the site (e.g.,
urban or rural), use either Table 5.0-4 or Table 5.0-5 to determine the appropriate dispersion coefficient for each
distance range for each stack. Begin at the minimum fenceline distance indicated in Step 7(B) and record on
Worksheet 5.0-1 the dispersion coefficient for each stack/distance range. For stacks located in facilities in flat terrain,
the generic source numbers were computed in Step 10(C). For stacks located in facilities in rolling and complex
terrain, the generic source numbers were computed in Step 10(D). For flat terrain applications and for stacks with a
physical height of less than or equal to 10 meters, only one generic source number is used per stack for all distance
ranges. For other situations up to three generic source numbers may be needed per stack (i.e., a unique generic
source number per distance range). In Tables 5.0-4 and 5.0-5, the dispersion coefficients for distances of 6 km to 20
km are the same for all generic source numbers in order to conservatively represent terrain beyond 5 km (past the
limits of the terrain analysis).
114
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View or download PDF
(F) Estimate maximum hourly ambient air concentrations. In this step, pollutant-specific emission rates are multiplied
by appropriate dispersion coefficients to estimate ambient air concentrations. For each stack, emissions are
multiplied by the dispersion coefficient selected in Step 10(E) and summed across all stacks to estimate ambient air
concentrations at various distances from the facility. From these summed concentrations, the maximum hourly
ambient air concentration is selected. First, select the maximum emission rate of the pollutant.11 Record these data in
the spaces provided below.12
11 Recall that it is recommended that this analysis be performed for only one or two pollutants. The pollutants chosen
for this analysis should be those that show the most significant exceedances of the risk threshold.
12
Refer to Step 8 of the basic screening procedure. At this point in the screening procedure, annual emissions are
used to represent hourly average emission rates. These values will be adjusted by the annual/hourly ratio to estimate
annual average concentrations.
Maximum Annual Emission Rates (g/sec)
Pollutant
Stack 1
Stack 2
Stack 3
115
-------
Complete a separate copy of Worksheet 5.0-2 for each pollutant and select the highest hourly concentration from the
summation column at the far right of the worksheet. Record the maximum hourly air concentration for each pollutant
analyzed (add additional lines if needed):
Pollutant
Maximum hourly air
concentration
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(G) Determine the complex/noncomplex designation for each stack. For each stack, subtract the maximum terrain
rise within 5 km of the site from the physical stack height and designate the stack as either complex or noncomplex. If
the stack height minus the maximum terrain rise (within 5 km) is greater than zero or if the stack is less than 10
meters in physical height, then assign the stack a noncomplex designation. If the stack height minus the maximum
terrain rise (within 5 km) is less than or equal to zero, then assign the stack a complex designation.
Perform the following computation for each stack and record the information in the spaces provided. Check in the
spaces provided whether the stack designation is complex or noncomplex.
Stack No.
1
2
3
Stack height (m)
-
-
-
Maximum terrain rise (m)
=
=
=
(m)
(m)
(m)
Complex
Noncomplex
(H) Identify annual/hourly ratios. Extract the annual/hourly ratios for each stack by referring to Table 5.0-6. Generic
source numbers (from Steps 10(C) or 10(D), urban/rural designation (from Step 6)), and complex or noncomplex
terrain designations (from Step 10(G)) are used to select the appropriate scaling factor needed to convert hourly
maximum concentrations to estimates of annual average concentrations.
Complete the following table:
.13
118
-------
If any stack (excluding generic stack number 1 and 11) in Step 10(D) shows a negative terrain adjusted stack
height, use the complex terrain annual/hourly ratios.
Stack No.
1
2
3
Generic source No. steps 10 (C or D)
Distance ranges (km)
0-0.5
>0.5-2.5
>2.5-5.0
Annual/hourly ratio (from table 5.0-6)
Distance ranges (km)
0-0.5
>0.5-2.5
>2.5-5.0
(I) Select the highest annual/hourly ratio among all of the stacks, and then estimate the maximum annual average
ambient air concentrations for each pollutant by completing the following table, where:
14 As an option, the user can identify the stack with the highest ratio for each distance range (rather than the absolute
highest). In this case, extra sheets would be needed to show estimated annual average concentrations from each
stack by multiplying emission rate times maximum hourly dispersion coefficient times maximum annual/hourly ratio
for applicable distance range. Then sum across all stacks for each downwind distance.
C=Maximum total hourly ambient air concentration (ug/m3) for pollutant "N" from Step 10(F),
Ca=Maximum annual average air concentration for pollutant "N" (ug/m3),
R=Annual/hourly ratio.
Table 5.0-6—95th Percentile of Annual/Hourly Ratios
Noncomplex Terrain
Source
1
2
3
4
5
6
7
8
9
10
11
Urban
0.019
0.033
0.031
0.029
0.028
0.028
0.031
0.030
0.029
0.029
0.018
Rural
0.014
0.019
0.018
0.017
0.017
0.017
0.015
0.013
0.011
0.008
0.015
Pollutant Ca(ug/m3)
Complex Terrain
Source
1
2
3
4
5
6
7
8
9
10
11
x R
X
Urban
0.020
0.020
0.030
0.051
0.067
0.059
0.036
0.026
0.026
0.017
0.020
=
=
Rural
0.053
0.053
0.057
0.047
0.039
0.034
0.031
0.024
0.024
0.013
0.053
Ca(ug/m3)
119
-------
(J) Use the maximum annual average concentrations from Step 10(1) to determine compliance with regulatory
requirements.
Section 6.0 Simplified Land Use Classification Procedure for Compliance With Tier I and Tier II Limits
6.1 Introduction
This section provides a simplified procedure to classify areas in the vicinity of boilers and industrial furnace sites as
urban or rural in order to set risk-based emission limits under subpart H of 40 CFR part 266. Urban/rural classification
is needed because dispersion rates differ between urban and rural areas and thus, the risk per unit emission rate
differs accordingly. The combination of greater surface roughness (more buildings/structures to generate turbulent
mixing) and the greater amount of heat released from the surface in an urban area (generates buoyancy-induced
mixing) produces greater rates of dispersion. The emission limit tables in the regulation, therefore, distinguish
between urban and rural areas.
EPA guidance (EPA 1986) provides two alternative procedures to determine whether the character of an area is
predominantly urban or rural. One procedure is based on land use typing and the other is based on population
density. Both procedures require consideration of characteristics within a 3-km radius from a source, in this case the
facility stack(s). The land use typing method is preferred because it more directly relates to the surface characteristics
that affect dispersion rates. The remainder of this discussion is, therefore, focused on the land use method.
While the land use method is more direct, it can also be labor-intensive to apply. For this discussion, the land use
method has been simplified so that it is consistent with EPA guidance (EPA 1986; Auer 1978), while streamlining the
process for the majority of applications so that a clear-cut decision can be made without the need for detailed
analysis. Table 6.0-1 summarizes the simplified approach for classifying areas as urban or rural. As shown, the
applicant always has the option of applying standard (i.e., more detailed) analyses to more accurately distinguish
between urban and rural areas. However, the procedure presented here allows for simplified determinations, where
appropriate, to expedite the permitting process.
Table 6.0-1—Classification of Land Use Types
Type1
11
12
C1
R1
R2
R3
R4
A1
A2
A3
A4
A5
Description
Heavy Industrial
Light/Moderate Industrial
Commercial
Common Residential (Normal Easements)
Compact Residential (Single Family)
Compact Residential (Multi-Family)
Estate Residential (Multi-Acre Plots)
Metropolitan Natural
Agricultural
Undeveloped (Grasses/Weeds)
Undeveloped (Heavily Wooded)
Water Surfaces
Urban or rural designation^
Urban.
Urban.
Urban.
Rural.
Urban.
Urban.
Rural.
Rural.
Rural.
Rural.
Rural.
Rural.
120
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1EPA, Guideline on Air Quality Models (Revised), EPA-450/2-78-027R, Office of Air Quality Planning and
Standards, Research Triangle Park, North Carolina, July, 1986.
2Auer, August H. Jr., "Correlation of Land Use and Cover with Meteorological Anomalies," Journal of Applied
Meteorology, pp. 636-643, 1978.
6.2 Simplified Land Use Process
The land use approach considers four primary land use types: industrial (I), commercial (C), residential (R), and
agricultural (A). Within these primary classes, subclasses are identified, as shown in table 6.0-1. The goal is to
estimate the percentage of the area within a 3-km radius that is urban type and the percentage that is rural type.
Industrial and commercial areas are classified as urban; agricultural areas are classified as rural.
The delineation of urban and rural areas, however, can be more difficult for the residential type areas shown in table
6.0-1. The degree of resolution shown in table 6.0-1 for residential areas often cannot be identified without
conducting site area inspections and/or referring to zoning maps. This process can require extensive analysis, which,
for many applications, can be greatly streamlined without sacrificing confidence in selecting the appropriate urban or
rural classification.
The fundamental simplifying assumption is based on the premise that many applications will have clear-cut
urban/rural designations, i.e., most will be in rural settings that can be definitively characterized through a brief review
of topographical maps. The color coding on USGS topographical maps provides the most effective means of
simplifying the typing scheme. The suggested typing designations for the color codes found on topographical maps
are as follows:
Green Wooded areas (rural).
White White areas generally will be treated as rural. This code applies to areas that are unwooded and do not have
densely packed structures which would require the pink code (house omission tint). Parks, industrial areas, and
unforested rural land will appear as white on the topographical maps. Of these categories, only the industrial areas
could potentially be classified as urban based on EPA 1986 or Auer 1978. Industrial areas can be easily identified in
most cases by the characteristics shown in Figure 6.0-1. For this simplified procedure, white areas that have an
industrial classification will be treated as urban areas.
121
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residue may be analyzed or subsamples may be composited for analysis, provided that the sampling period does not
exceed 24 hours. If more than one sample is analyzed to characterize the waste-derived residue generated over a
24-hour period, the arithmetic mean of the concentrations must be used as the waste-derived concentration for each
constituent.
The concentration of a toxic constituent in the waste-derived residue is not considered to be significantly higher than
in the normal residue (i.e., the residue passes the Bevill test for that constituent) if the concentration in the waste-
derived residue does not exceed the statistically-derived concentration.
7.2 Calculation of the Upper Tolerance Limit
The 95% confidence with 95% proportion of the sample distribution (upper tolerance limit) is calculated for a set of
values assuming that the values are normally distributed. The upper tolerance limit is a one-sided calculation and is
an appropriate statistical test for cases in which a single value (the waste-derived residue concentration) is compared
to the distribution of a range of values (the minimum of 10 measurements of normal residue concentrations). The
upper tolerance limit value is determined as follows:
UTL = X+(K)(S)
where
X = mean of the normal residue concentrations, X = Xj/n,
K = coefficient for sample size n, 95% confidence and 95% proportion,
S = standard deviation of the normal residue concentrations,
S = (Z(X-X)2/(n-1))°.5,and
n = sample size.
The values of K at the 95% confidence and 95% proportion, and sample size n are given in Table 7.0-1.
For example, a normal residue test results in 10 samples with the following analytical results for toxic constituent A:
Sample No.
1
2
3
4
5
6
7
8
9
10
Concentration of constituent A (ppm)
10
10
15
10
7
12
10
16
15
10
123
-------
The mean and the standard deviation of these measurements, calculated using the above equations, are 11.5 and
2.9, respectively. Assuming that the values are normally distributed, the upper tolerance limit (UTL) is given by:
UTL=11.5+(2.911 )(2.9)=19.9 ppm
Thus, if the concentration of constituent A in the waste-derived residue is below 19.9 ppm, then the waste-derived
residue is eligible for the Bevill exclusion for constituent A.
7.3 Normal Distribution Assumption
As noted in Section 7.2 above, this statistical approach (use of the upper tolerance limit) for calculation of the
concentration in normal residue is based on the assumption that the concentration data are distributed normally. The
Agency is aware that concentration data of this type may not always be distributed normally, particularly when
concentrations are near the detection limits. There are a number of procedures that can be used to test the
distribution of a data set. For example, the Shapiro-Wilktest, examination of a histogram or plot of the data on normal
probability paper, and examination of the coefficient of skewness are methods that may be applicable, depending on
the nature of the data (References 1 and 2).
If the concentration data are not adequately represented by a normal distribution, the data may be transformed to
attain a near normal distribution. The Agency has found that concentration data, especially when near detection
levels, often exhibit a lognormal distribution. The assumption of a lognormal distribution has been used in various
programs at EPA, such as in the Office of Resource Conservation and Recovery Land Disposal Restrictions program
for determination of BOAT treatment standards. The transformed data may be tested for normality using the
procedures identified above. If the transformed data are better represented by a normal distribution than the
untransformed data, the transformed data should be used in determining the upper tolerance limit using the
procedures in Section 7.2 above.
In all cases where the owner or operator wishes to use other than an assumption of normally distributed data or
believes that use of an alternate statistical approach is appropriate to the specific data set, he/she must provide
supporting rationale in the operating record that demonstrates that the data treatment is based upon sound statistical
practice.
7.4 Nondetect Values
The Agency is developing guidance regarding the treatment of nondetect values (data where the concentration of the
constituent being measured is below the lowest concentration for which the analytical method is valid) in carrying out
the statistical determination described above. Until the guidance information is available, facilities may present their
own approach to the handling of nondetect data points, but must provide supporting rationale in the operating record
for consideration by the Director.
Table 7.0-1—K Values for 95% Confidence and 95% Proportion
Sample size (n)
10
11
12
13
14
15
16
17
K
2.911
2.815
2.736
2.670
2.614
2.566
2.523
2.486
124
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18
19
20
21
22
23
24
25
2.458
2.423
2.396
2.371
2.350
2.329
2.303
2.292
7.5 References
1. Shapiro, S.S. and Wilk, M.B. (1965), "An Analysis of Variance Test for Normality (complete samples)," Biometrika,
52,591-611.
2. Bhattacharyya, G.K. and R.A. Johnson (1977), Statistical Concepts and Methods, John Wiley and Sons, New York.
Section 8.0 Procedures for Determining Default Values for Air Pollution Control System Removal Efficiencies
During interim status, owners or operators of boilers and industrial furnaces burning hazardous waste must submit
documentation to EPA that certifies that emissions of HCI, C12, metals, and particulate matter (PM) are not likely to
exceed allowable emission rates. See certification of precompliance under 40 CFR 266.103(b). This documentation
also establishes interim status feed rate and operating limits for the facility. For the initial certification, estimates of
emissions and system removal efficiencies (SREs) can be made to establish the operating limits. Subsequently,
owners or operators must use emissions testing to demonstrate that emissions do not exceed allowable levels, and to
establish operating limits. See 40 CFR 266.103(c). However, initial estimates of emissions for certification of
precompliance can be based on estimated or established SREs.
The SRE combines the effect of partitioning of the chlorine, metals, or PM and the air pollution control system
removal efficiency (APCS RE) for these pollutants. The SRE is defined as:
SRE=(species input—species emitted) / species input
The SRE can be calculated from the partitioning factor (PF) and APCS RE by the following formula:
SRE=1—[(PF/IOO)X(1—APCS RE/100)]
where:
PF=percentage of the pollutant partitioned to the combustion gas
Estimates of the PF and/or the APCS RE can be based on either EPA's default values or engineering judgement.
EPA's default values for the APCS RE for metals, HCI, CI2, and PM are described in this section. EPA's default
values for partitioning of these pollutants are described in section 9.0.
Guidelines for the use of engineering judgement to estimate APCS REs or PFs are described in section 9.4.
8.1 APCS RE Default Values for Metals
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EPA's default assumptions for ARCS RE for metals are shown in Table 8.1-1. The default values in the table are
conservative estimates of the removal efficiencies for metals in BIFs, depending on the volatility of the metal and the
type of ARCS.
The volatility of a metal depends on the temperature, the thermal input, the chlorine content of the waste, and the
identity and concentration of the metal. Metals that do not vaporize at combustion zone temperatures are classified
as "nonvolatile". Such metals typically enter the ARCS in the form of large particles that are removed relatively easily.
Metals that vaporize in the combustion zone and condense before entering the ARCS are classified as "volatile".
Such metals typically enter the ARCS in the form of very fine, submicron particles that are rather inefficiently removed
in many APCSs. Metals that vaporize in the combustion zone and do not condense before entering the ARCS are
classified as "very volatile". Such metals enter the ARCS in the form of a vapor that is very inefficiently removed in
many APCSs.
Typically, BIFs have combustion zone temperatures high enough to vaporize any hazardous metal at concentrations
sufficient to exceed risk-based emission limits. For this reason, the default assumption is that there are no nonvolatile
metals. Tables 8.1-2 and 8.1-3 are used to determine whether metals are classified as "volatile" or "very volatile"
depending on the temperature entering the ARCS, the thermal input, and whether the waste is chlorinated or
nonchlorinated.
Table 8.1-1—Air Pollution Control Systems (ARCS) and Their Conservatively Estimated Efficiencies for
Controlling Toxic Metals (%)
ARCS
ws
VS-20
VS-60
ESP-1
ESP-2
ESP-4
WESP
FF
SD/FF
DS/FF
IWS
Metal Volatility
Nonvolatile
40
80
87
90
92
95
90
90
97
95
90
Volatile
30
75
75
75
80
80
85
80
90
90
87
Very Volatile
20
20
40
0
0
0
40
0
0
0
75
WS=Wet Scrubber including: Sieve Tray Tower, Packed Tower, Bubble Cap Tower
VS-20=Venturi Scrubber, ca. 20-30 in W.G. A p
VS-60=Venturi Scrubber, ca. >60 in W.G. A p
ESP-l=Electrostatic Precipitator; 1 stage
ESP-2=Electrostatic Precipitator; 2 stage
ESP-4=Electrostatic Precipitator; 4 stage
126
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IWS=lonizing Wet Scrubber
DS=Dry Scrubber
FF=Fabric Filter (Baghouse)
SD=Spray Dryer (Wet/Dry Scrubber)
WESP=Wet Electrostatic Precipitator
Table 8.1-2—Temperature (F) Entering ARCS Above Which Metals Are Classified as Very Volatile in
Combustion of Nonchlorinated Wastes
Metal
Name
Arsenic
Cadmium
Chromium
Beryllium
Antimony
Barium
Lead
Mercury
Silver
Thallium
Symbol
As
Cd
Cr
Be
Sb
Ba
Pb
Hg
Ag
Tl
Thermal Input (MMBtu/hr)1
1
320
1040
2000
1680
680
2240
1280
340
1820
900
10
280
940
1760
1440
600
1820
1180
300
1640
800
100
240
860
1580
1240
540
1540
1080
260
1480
700
1000
200
780
1420
1080
480
1360
1000
220
1340
620
10000
160
720
1380
980
420
1240
920
180
1220
540
Interpolation of thermal input is not allowed. If a BIF fires between two ranges, the ARCS temperature under the
higher thermal input must be used.
Example: For a BIF firing 10-100 MMBtu/hr, Mercury is considered very volatile at ARCS temperatures above 260 F
and volatile at ARCS temperatures of 260 F and below.
Table 8.1-3—Temperature (F) Entering ARCS Above Which Metals Are Classified as Very Volatile In
Combustion of Chlorinated Wastes
Metal
Name
Arsenic
Cadmium
Chromium
Beryllium
Antimony
Symbol
As
Cd
Cr
Be
Sb
Thermal Input (MMBtu/hr)1
1
320
1040
>140
1680
680
10
280
940
>140
1440
600
100
240
860
>140
1240
540
1000
200
780
>140
1080
480
10000
160
720
>140
980
420
127
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Barium
Lead
Mercury
Silver
Thallium
Ba
Pb
Hg
Ag
Tl
2060
>140
340
1080
900
1840
>140
300
940
800
1680
>140
260
840
700
1540
>140
220
740
620
1420
>140
180
660
540
Interpolation of thermal input is not allowed. If a BIF fires between two ranges, the ARCS temperature under the
higher thermal input must be used.
Example: For a BIF firing 10-100 MMBtu/hr, Mercury is considered very volatile at ARCS temperatures above 260 F
and volatile at ARCS temperatures of 260 F and below.
A waste is considered chlorinated if chlorine is present in concentrations greater than 0.1 percent by weight. In the
EPA guidance document "Guidance for Metals and Hydrogen Chloride Controls for Hazardous Waste Incinerators,
Volume IV of the Hazardous Waste Incineration Guidance Series,"(1) one percent is used for the
chlorinated/nonchlorinated cutoff. However, best engineering judgement, based on examination of pilot-scale data
reported by Carroll et al. (2) on the effects of waste chlorine content on metals emissions, suggests that the 1 percent
cutoff may not be sufficiently conservative.
Tables 8.1-2 and 8.1-3 were compiled based on equilibrium calculations. Metals are classified as very volatile at all
temperatures above the temperature at which the vapor pressure of the metal is greater than 10 percent of the vapor
pressure that results in emissions exceeding the most conservative risk-based emissions limits.
8.2 ARCS RE Default Values for HCI and CI2
Default assumptions for ARCS RE for HCI in BIFs are shown in Table 8.2-1. This table is identical to the column for
other BIFs except that cement kilns have a minimum HCI removal efficiency of 83 percent. Because of the alkaline
nature of the raw materials in cement kilns, most of the chlorine is converted to chloride salts. Thus, the minimum
ARCS RE for HCI for cement kilns is independent of the ARCS train.
Removal efficiency of CI2for most types of ARCS is generally minimal. Therefore, the default assumption for ARCS
RE for CI2for all APCSs is 0 percent. This is applicable to all BIFs, including cement kilns.
8.3 ARCS RE Default Values for Ash
Default assumptions for ARCS RE for PM are also shown in Table 8.1-4. These figures are conservative estimates of
PM removal efficiencies for different types of APCSs. They are identical to the figures in the Nonvolatile ARCS RE
column for hazardous metals presented in Table 8.1-1 because the same collection mechanisms and collection
efficiencies that apply to nonvolatile metals also apply to PM.
Table 8.2-1—Air Pollution Control Systems (ARCS) and Their Conservatively Estimated Efficiencies for
Removing Hydrogen Chloride (HCI) and Participate Matter (PM) (%)
APCD
ws
VS-20
VS-60
HCI
Cement kilns
97
97
98
Other BIFs
97
97
98
PM
40
80
87
128
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ESP-1
ESP-2
ESP-4
WESP
FF
SD/FF
DS/FF
WS/IWS
IWS
83
83
83
83
83
98
98
99
99
0
0
0
70
0
98
98
99
99
90
92
95
90
90
97
95
95
90
WS=Wet Scrubber including: Sieve Tray Tower, Packed Tower, Bubble Cap Tower
PS=Proprietary Wet Scrubber Design (A number of proprietary wet scrubbers have come on the market in recent
years that are highly efficient on both particulates and corrosive gases. Two such units are offered by Calvert
Environmental Equipment Co. and by Hydro-Sonic Systems, Inc.).
VS-20=Venturi Scrubber, ca. 20-30 in W.G. A p
VS-60=Venturi Scrubber, ca. >60 in W.G. A p
ESP-l=Electrostatic Precipitator; 1 stage
ESP-2=Electrostatic Precipitator; 2 stage
ESP-4=Electrostatic Precipitator; 4 stage
IWS=lonizing Wet Scrubber
DS=Dry Scrubber
FF=Fabric Filter (Baghouse)
SD=Spray Dryer (Wet/Dry Scrubber)
8.4 References
1. U.S. Environmental Protection Agency. "Guidance on Metals and Hydrogen Chloride Controls for Hazardous
Waste Incinerators," Office of Solid Waste, Washington, DC, August 1989.
2. Carroll, G.J., R.C. Thurnau, R.E. Maurnighan, L.R. Waterland, J.W. Lee, and D.J. Fournier. The Partitioning of
Metals in Rotary Kiln Incineration. Proceedings of the Third International Conference on New Frontiers for Hazardous
Waste Management. NTIS Document No. EPA/600/9-89/072, p. 555 (1989).
Section 9.0 Procedures for Determining Default Values for Partitioning of Metals, Ash, and Total Chloride/Chlorine
Pollutant partitioning factor estimates can come from two sources: default assumptions or engineering judgement.
EPA's default assumptions are discussed below for metals, HCI, Cb, and PM. The default assumptions are used to
conservatively predict the partitioning factor for several types of BIFs. Engineering judgement-based partitioning
factor estimates are discussed in section 9.4.
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9.1 Partitioning Default Value for Metals
To be conservative, the Agency is assuming that 100 percent of each metal in each feed stream is partitioned to the
combustion gas. Owners/operators may use this default value or a supportable, site-specific value developed
following the general guidelines provided in section 9.4.
9.2 Special Procedures for Chlorine, HCI, and CI2
The Agency has established the special procedures presented below for chlorine because the emission limits are
based on the pollutants HCI and CI2formed from chlorine fed to the combustor. Therefore, the owner/operator must
estimate the controlled emission rate of both HCI and CI2and show that they do not exceed allowable levels.
1. The default partitioning value for the fraction of chlorine in the total feed streams that is partitioned to combustion
gas is 100 percent. Owners/operators may use this default value or a supportable, site-specific value developed
following the general guidelines provided in section 9.4.
2. To determine the partitioning of chlorine in the combustion gas to HCI versus CI2, either use the default values
below or use supportable site-specific values developed following the general guidelines provided in section 9.4.
• For BIFs excluding halogen acid furnaces (HAFs), with a total feed stream chlorine/hydrogen ratio <0.95, the default
partitioning factor is 20 percent CI2, 80 percent HCI.
• For HAFs and for BIFs with a total feed stream chlorine/hydrogen ratio >0.95, the default partitioning factor is 100
percent CI2.
3. To determine the uncontrolled (i.e., prior to acid gas ARCS) emission rate of HCI and CI2, multiply the feed rate of
chlorine times the partitioning factor for each pollutant. Then, for HCI, convert the chlorine emission rate to HCI by
multiplying it by the ratio of the molecular weight of HCI to the molecular weight of Cl (i.e., 36.5/35.5). No conversion
is needed for CI2.
9.3 Special Procedures for Ash
This section: (1) Explains why ash feed rate limits are not applicable to cement and light-weight aggregate kilns; (2)
presents the default partitioning values for ash; and (3) explains how to convert the 0.08 gr/dscf, corrected to 7% O2,
PM emission limit to a PM emission rate.
Waiver for Cement and Light-Weight Aggregate Kilns. For cement kilns and light-weight aggregate kilns, raw material
feed streams contain the vast majority of the ash input, and a significant amount of the ash in the feed stream is
entrained into the kiln exhaust gas. For these devices, the ash content of the hazardous waste stream is expected to
have a negligible effect on total ash emissions. For this reason, there is no ash feed rate compliance limit for cement
kilns or light-weight aggregate kilns. Nonetheless, cement kilns and light-weight aggregate kilns are required to
initially certify that PM emissions are not likely to exceed the PM limit, and subsequently, certify through compliance
testing that the PM limit is not exceeded.
Default Partitioning Value for Ash. The default assumption for partitioning of ash depends on the feed stream firing
system. There are two methods by which materials may be fired into BIFs: Suspension-firing and bed-firing.
The suspension category includes atomized and lanced pumpable liquids and suspension-fired pulverized solids. The
default partitioning assumption for materials fired by these systems is that 100 percent of the ash partitions to the
combustion gas.
The bed-fired category consists principally of stoker boilers and raw materials (and in some cases containerized
hazardous waste) fed into cement and light-weight aggregate kilns. The default partitioning assumption for materials
fired on a bed is that 5 percent of the ash partitions to the combustion gas.
Converting the PM Concentration-Based Standard to a PM Mass Emission Rate. The emission limit for BIFs is 0.08
gr/dscf, corrected to 7% 02, unless a more stringent standard applies [e.g., a New Source Performance Standard
130
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(NSPS) or a State standard implemented under the State Implementation Plan (SIP)]. To convert the 0.08 gr/dscf
standard to a PM mass emission rate:
1. Determine the flue gas 02concentration (percent by volume, dry) and flue gas flow rate (dry standard cubic feet per
minute); and
2. Calculate the allowable PM mass emission rate by multiplying the concentration- based PM emission standard
times the flue gas flow rate times a dilution correction factor equal to [(21-02concentration from step 1)/(21-7)].
9.4 Use of Engineering Judgement To Estimate Partitioning and ARCS RE Values
Engineering judgement may be used in place of EPA's conservative default assumptions to estimate partitioning and
APCS RE values provided that the engineering judgement is defensible and properly documented. To properly
document engineering judgement, the owner/operator must keep a written record of all assumptions and calculations
necessary to justify the APCS RE used. The owner/operator must provide this record to the Director upon request
and must be prepared to defend the assumptions and calculations used.
If the engineering judgement is based on emissions testing, the testing will often document the emission rate of a
pollutant relative to the feed rate of that pollutant rather than the partitioning factor or APCS RE.
Examples of situations where the use of engineering judgement may be supportable to estimate a partitioning factor,
APCS RE, orSRE include:
• Using emissions testing data from the facility to support an SRE, even though the testing may not meet full QA/QC
procedures (e.g., triplicate test runs). The closer the test results conform with full QA/QC procedures and the closer
the operating conditions during the test conform with the established operating conditions for the facility, the more
supportable the engineering judgement will be.
• Applying emissions testing data documenting an SRE for one metal, including nonhazardous surrogate metals to
another less volatile metal.
• Applying emissions testing data documenting an SRE from one facility to a similar facility.
• Using APCS vendor guarantees of removal efficiency.
9.5 Restrictions on Use of Test Data
The measurement of an SRE or an APCS RE may be limited by the detection limits of the measurement technique. If
the emission of a pollutant is undetectable, then the calculation of SRE or APCS RE should be based on the lower
limit of detectability. An SRE or APCS RE of 100 percent is not acceptable.
Further, mass balance data of facility inputs, emissions, and products/residues may not be used to support a
partitioning factor, given the inherent uncertainties of such procedures. Partitioning factors other than the default
values may be supported based on engineering judgement, considering, for example, process chemistry. Emissions
test data may be used to support an engineering judgement-based SRE, which includes both partitioning and APCS
RE.
9.5 References
1. Barton, R.G., W.D. Clark, and W.R. Seeker. (1990) "Fate of Metals in Waste Combustion Systems". Combustion
Science and Technology. 74, 1-6, p. 327
Section 10.0 Alternative Methodology for Implementing Metals Controls
10.1 Applicability
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This method for controlling metals emissions applies to cement kilns and other industrial furnaces operating under
interim status that recycle emission control residue back into the furnace.
10.2 Introduction
Under this method, cement kilns and other industrial furnaces that recycle emission control residue back into the
furnace must comply with a kiln dust concentration limit (i.e., a collected particulate matter (PM) limit) for each metal,
as well as limits on the maximum feedrates of each of the metals in: (1) pumpable hazardous waste; and (2) all
hazardous waste.
The following subsections describe how this method for controlling metals emissions is to be implemented:
• Subsection 10.3 discusses the basis of the method and the assumptions upon which it is founded;
• Subsection 10.4 provides an overview of the implementation of the method;
• Subsection 10.5 is a step-by-step procedure for implementation of the method;
• Subsection 10.6 describes the compliance procedures for this method; and
• Appendix A describes the statistical calculations and tests to be used in the method.
10.3 Basis
The viability of this method depends on three fundamental assumptions:
(1) Variations in the ratio of the metal concentration in the emitted particulate to the metal concentration in
the collected kiln dust (referred to as the enrichment factor or EF) for any given metal at any given facility
will fall within a normal distribution that can be experimentally determined.
(2) The metal concentrations in the collected kiln dust can be accurately and representatively measured.
(3) The facility will remain in compliance with the applicable particulate matter (PM) emission standard.
Given these assumptions, metal emissions can be related to the measured concentrations in the
collected kiln dust by the following equation:
(Ib Emitted Metal}
ME =
„, „, f Ib PM } „, ,„ f Ib Dust Metal }^Jlb Emitted Metal tlbPM)
PME\ LDMC EF (ij
[ hr ) ^ IbDust J [ Ib Dust Metal fib Dust J
Where:
ME is the metal emitted;
PME is the particulate matter emitted;
DMC is the metal concentration in the collected kiln dust; and
132
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EF is the enrichment factor, which is the ratio of the metal concentration in the emitted particulate matter to the metal
concentration in the collected kiln dust.
This equation can be rearranged to calculate a maximum allowable dust metal concentration limit (DMCL) by
assuming worst-case conditions that: metal emissions are at the Tier III (or Tier II) limit (see 40 CFR 266.106), and
that particulate emissions are at the particulate matter limit (PML):
„ „ T T f lb Emitted Metal
L ier 111 Lifts t\ -
lb Dust ntfT(\bPM\^lb Emitted Metal llbPM
' PML\ -
( kr } I lb Dust Metal f\b Dust
The enrichment factor used in the above equation must be determined experimentally from a minimum of 10 tests in
which metal concentrations are measured in kiln dust and stack samples taken simultaneously. This approach
provides a range of enrichment factors that can be inserted into a statistical distribution (t-distribution) to determine
EF95&Percnt;and EFgg%. EF95&Percnt;is the value at which there is a 95% confidence level that the enrichment factor is
below this value at any given time. Similarly, EFgg%is the value at which there is a 99% confidence level that the
enrichment factor is below this value at any given time. EF95&Percnt;is used to calculate the "violation" dust metal
concentration limit (DMCLV):
_ TTT r (lb Emitted Metal }
/ . , _ . , , \ Tier 111 Limit -
D(lb Dust Metal} _ _ _ kr _ J _
lb Dust ^frlbPM (lb Emitted Metal lib PM
\ ' PML
-
[ hr } 95 ( lb Dust Metal lib Dust
If the kiln dust metal concentration is just above this "violation" limit, and the PM emissions are at the PM emissions
limit, there is a 5% chance that the metal emissions are above the Tier III limit. In such a case, the facility would be in
violation of the metals standard.
To provide a margin of safety, a second, more conservative kiln dust metal concentration limit is also used. This
"conservative" dust metal concentration limit (DMCLC) is calculated using a "safe" enrichment factor (SEF). If
EFgg% is greater than two times the value of EFg5%, the "safe" enrichment factor can be calculated using
Equation 4a:
SEF>2 EFgs% (4a)
If EFgg% is not greater than two times the value of EFgs%, the "safe" enrichment factor can be calculated using
Equation 4b:
SEF> EFgg% (4b)
In cases where the enrichment factor cannot be determined because the kiln dust metal concentration is
nondetectable, the "safe" enrichment factor is as follows:
SEF=100 (4c)
For all cases, the "conservative" dust metal concentration limit is calculated using the following equation:
133
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„ .„ _ ( \b Emitted Metal }
, . Tier III Limit
DM . ~— _ 1 Ar | (5)
IbDust r>,fT{]bPM\^Mb Emitted Metal !\bPM\
\ * PML SEF
( kr } [ Vy Dust Metal lib Dust J
If the kiln dust metal concentration at a facility is just above the "conservative" limit based on that "safe" enrichment
factor provided in Equation 4a, and the PM emissions are at the PM emissions limit, there is a 5% chance that the
metal emissions are above one-half the Tier III limit. If the kiln dust metal concentration at the facility is just above the
"conservative" limit based on the "safe" enrichment factor provided in Equation 4b, and the PM emissions are at the
PM emissions limit, there is a 1% chance that the metal emissions are above the Tier III limit. In either case, the
facility would be unacceptably close to a violation. If this situation occurs more than 5% of the time, the facility would
be required to rerun the series of 10 tests to determine the enrichment factor. To avoid this expense, the facility would
be advised to reduce its metals feedrates or to take other appropriate measures to maintain its kiln dust metal
concentrations in compliance with the "conservative" dust metal concentration limits.
In cases where the enrichment factor cannot be determined because the kiln dust metal concentration is
nondetectable, and thus no EF95&Percnt;exists, the "violation" dust metal concentration limit is set at ten times the
"conservative" limit:
DMCU=10xDMCLc (6)
10.4 Overview
The flowchart for implementing the method is shown in Figure 10.4-1. The general procedure is as follows:
• Follow the certification of precompliance procedures described in subsection 10.6 (to comply with 40 CFR
266.103(b)).
• For each metal of concern, perform a series of tests to establish the relationship (enrichment factor) between the
concentration of emitted metal and the metal concentration in the collected kiln dust.
• Use the demonstrated enrichment factor, in combination with the Tier III (or Tier II) metal emission limit and the
most stringent applicable particulate emission limit, to calculate the "violation" and "conservative" dust metal
concentration limits. Include this information with the certification of compliance under 40 CFR 266.103(c).
134
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• Perform daily and/or weekly monitoring of the cement kiln dust metal concentration to ensure (with appropriate
QA/QC) that the metal concentration does not exceed either limit.
—If the cement kiln dust metal concentration exceeds the "conservative" limit more than 5% of the time (i.e., more
than three failures in last 60 tests), the series of tests to determine the enrichment factor must be repeated.
—If the cement kiln dust metal concentration exceeds the "violation" limit, a violation has occurred.
• Perform quarterly tests to verify that the enrichment factor has not increased significantly. If the enrichment factor
has increased, the series of tests to determine the enrichment factor must be repeated.
10.5 Implementation Procedures
A step-by-step description for implementing the method is provided below:
(1) Prepare initial limits and test plans.
• Determine the Tier III metal emission limit. The Tier II metal emission limit may also be used (see 40 CFR 266.106).
• Determine the applicable PM emission standard. This standard is the most stringent particulate emission standard
that applies to the facility. A facility may elect to restrict itself to an even more stringent self-imposed PM emission
standard, particularly if the facility finds that it is easier to control particulate emissions than to reduce the kiln dust
concentration of a certain metal (i.e., lead).
135
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• Determine which metals need to be monitored (i.e., all hazardous metals for which Tier III emission limits are lower
than PM emission limits—assuming PM is pure metal).
• Follow the compliance procedures described in Subsection 10.6.
• Follow appropriate guidelines for preparing test plans and waste analysis plans for the following tests:
—Compliance tests to determine limits on metal feedrates in pumpable hazardous wastes and in all hazardous
wastes (as well as to determine other compliance parameters);
—Initial tests to determine enrichment factors;
—Quarterly tests to verify enrichment factors;
—Analysis of hazardous waste feedstreams; and
—Daily and/or weekly monitoring of kiln dust for continuing compliance.
(2) Conduct tests to determine the enrichment factor.
• These tests must be conducted within a 14-day period. No more than two tests may be conducted in any single day.
If the tests are not completed within a 14-day period, they must be repeated.
• Simultaneous stack samples and kiln dust samples must be taken.
—Stack sampling must be conducted with the multiple metals train according to procedures provided in section 10.3
of this Methods Manual.
—Kiln dust sampling must be conducted as follows:
—Follow appropriate sampling and analytical procedures such as those described in the waste analysis plan as they
pertain to the condition and accessibility of the dust.
—Samples should be representative of the last ESP or Fabric Filter in the APCS series.
• The feedrates of hazardous metals in all pumpable hazardous waste streams and in all hazardous waste streams
must be monitored during these tests. It is recommended (but not required) that the feedrates of hazardous metals in
all feedstreams also be monitored.
• At least ten single (noncomposited) runs are required during the tests.
—The facility must follow a normal schedule of kiln dust recharging for all of the tests.
—Three of the first five tests must be compliance tests in conformance with 40 CFR 266.103(c); i.e., they must be
used to determine maximum allowable feedrates of metals in pumpable hazardous wastes, and in all hazardous
wastes, as well as to determine other compliance limits (see 40 CFR 266.103(c)(1)).
—The remainder of the tests need not be conducted under full compliance test conditions; however, the facility must
operate at its compliance test production rate, and it must burn hazardous waste during these tests such that the
feedrate of each metal for pumpable and total hazardous wastes is at least 25% of the feedrate during compliance
testing. If these criteria, and those discussed below, are not met for any parameter during a test, then either the test
is not valid for determining enrichment factors under this method, or the compliance limits for that parameter must be
established based on these test conditions rather than on the compliance test conditions.
• Verify that compliance emission limits are not exceeded.
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—Metal emissions must not exceed Tier III (or Tier II) limits.
—PM emissions must not exceed the most stringent of applicable PM standards (or an optional self-imposed
particulate standard).
• The facility must generate normal, marketable product using normal raw materials and fuels under normal operating
conditions (for parameters other than those specified under this method) when these tests are conducted.
• Chromium must be treated as a special case:
—The enrichment factor for total chromium is calculated in the same way as the enrichment factor for other metals
(i.e., the enrichment factor is the ratio of the concentration of total chromium in the emitted particulate matter to the
concentration of total chromium in the collected kiln dust).
—The enrichment factor for hexavalent chromium (if measured) is defined as the ratio of the concentration of
hexavalent chromium in the emitted particulate matter to the concentration of total chromium in the collected kiln dust.
(3) Use the enrichment factors measured in Step 2 to determine EF95&Percnt;,EF99&Percnt;,and SEP.
• Calculate EF95&Percnt;and EF99%according to the t-distribution as described in Appendix A
• Calculate SEP by
—Equation 4a if EF95&Percnt;is determinable and if EF99%is greater than two times EF95&Percnt;,
—Equation 4b if EF95&Percnt;is determinable and if EF99%is not greater than two times EF95&Percnt;.
—Equation 4c if EF95%is not determinable.
The facility may choose to set an even more conservative SEF to give itself a larger margin of safety between the
point where corrective action is necessary and the point where a violation occurs.
(4) Prepare certification of compliance.
• Calculate the "conservative" dust metal concentration limit (DMCLC) using Equation 5.
—Chromium is treated as a special case. The "conservative" kiln dust chromium concentration limit is set for total
chromium, not for hexavalent chromium. The limit fortotal chromium must be calculated using the Tier III (or Tier II)
metal limit for hexavalent chromium.
—If the stack samples described in Step 2 were analyzed for hexavalent chromium, the SEF based on the hexavalent
chromium enrichment factors (as defined in Step 2) must be used in this calculation.
—If the stack samples were not analyzed for hexavalent chromium, then the SEF based on the total chromium
enrichment factor must be used in this calculation.
• Calculate the "violation" dust metal concentration limit (DMCLV) using Equation 3 if EF95&Percnt;is determinable, or
using Equation 6 if EF95&Percnt;is not determinable.
—Chromium is treated as a special case. The "violation" kiln dust chromium concentration limit is set fortotal
chromium, not for hexavalent chromium. The limit fortotal chromium must be calculated using the Tier III (or Tier II)
metal limit for hexavalent chromium.
—If the stack samples taken in Step 2 were analyzed for hexavalent chromium, the EF95&Percnt;based on the
hexavalent chromium enrichment factor (as defined in Step 2) should be used in this calculation.
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—If the stack samples were not analyzed for hexavalent chromium, the EF95&Percnt;based on the total chromium
enrichment factor must be used in this calculation.
• Submit certification of compliance.
• Steps 2-4 must be repeated for recertification, which is required once every 3 years (see §266.103(d)).
(5) Monitor metal concentrations in kiln dust for continuing compliance, and maintain compliance with all compliance
limits for the duration of interim status.
• Metals to be monitored during compliance testing are classified as either "critical" or "noncritical" metals.
—All metals must initially be classified as "critical" metals and be monitored on a daily basis.
—A "critical" metal may be reclassified as a "noncritical" metal if its concentration in the kiln dust remains below 10%
of its "conservative" kiln dust metal concentration limit for 30 consecutive daily samples. "Noncritical" metals must be
monitored on a weekly basis.
—A "noncritical" metal must be reclassified as a "critical" metal if its concentration in the kiln dust is above 10% of its
"conservative" kiln dust metal concentration limit for any single daily or weekly sample.
• Noncompliance with the sampling and analysis schedule prescribed by this method is a violation of the metals
controls under §266.103.
• Follow the sampling, compositing, and analytical procedures described in this method and in other appropriate
methods, as they pertain to the condition and accessibility of the kiln dust.
• Follow the same procedures and sample at the same locations as were used for kiln dust samples collected to
determine the enrichment factors (as discussed in Step 2).
• Samples must be collected at least once every 8 hours, and a daily composite must be prepared according to
appropriate procedures.
—At least one composite sample is required. This sample is referred to as the "required" sample.
—ForQA/QC purposes, a facility may elect to collect two or more additional samples. These samples are referred to
as the "spare" samples. These additional samples must be collected over the same time period and according to the
same procedures as those used for the "required" sample.
—Samples for "critical" metals must be daily composites.
—Samples for "noncritical" metals must be weekly composites. These samples can be composites of the original 8-
hour samples, or they can be composites of daily composite samples.
• Analyze the "required" sample to determine the concentration of each metal.
—This analysis must be completed within 48 hours of the close of the sampling period. Failure to meet this schedule
is a violation of the metals standards of §266.103.
• If the "conservative" kiln dust metal concentration limit is exceeded for any metal, refer to Step 8.
• If the "conservative" kiln dust metal concentration limit is not exceeded, continue with the daily or weekly monitoring
(Step 5) for the duration of interim status.
• Conduct quarterly enrichment factor verification tests, as described in Step 6.
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(6) Conduct quarterly enrichment factor verification tests.
• After certification of compliance with the metals standards, a facility must conduct quarterly enrichment factor
verification tests every three months for the duration of interim status. The first quarterly test must be completed
within three months of certification (or recertification). Each subsequent quarterly test must be completed within three
months of the preceding quarterly test. Failure to meet this schedule is a violation.
• Simultaneous stack samples and kiln dust samples must be collected.
• Follow the same procedures and sample at the same locations as were used for kiln dust samples and stack
samples collected to determine the enrichment factors (as discussed in Step 2).
• At least three single (noncomposited) runs are required. These tests need not be conducted under the operating
conditions of the initial compliance test; however, the facility must operate under the following conditions:
— It must operate at compliance test production rate.
— It must burn hazardous waste during the test, and for the 2-day period immediately preceding the test, such that
the feedrate of each metal for pumpable and total hazardous wastes consist of at least 25% of the operating limits
established during the compliance test.
— It must remain in compliance with all compliance parameters (see §266.103(c)(1)).
— It must follow a normal schedule of kiln dust recharging.
— It must generate normal marketable product from normal raw materials during the tests.
(7) Conduct a statistical test to determine if the enrichment factors measured in the quarterly verification tests have
increased significantly from the enrichment factors determined in the tests conducted in Step 2. The enrichment
factors have increased significantly if all three of the following criteria are met:
• By applying the t-test described in appendix A, it is determined that the enrichment factors measured in the quarterly
tests are not taken from the same population as the enrichment factors measured in the Step 2 tests;
• The EFg5%Calculated for the combined data sets (i.e., the quarterly test data and the original Step 2 test data)
according to the t-distribution (described in appendix A) is more than 10% higher than the EF95&Percnt;based on the
enrichment factors previously measured in Step 2; and
• The highest measured kiln dust metal concentration recorded in the previous quarter is more than 10% of the
"violation" kiln dust concentration limit that would be calculated from the combined
If the enrichment factors have increased significantly, the tests to determine the enrichment factors must be repeated
(refer to Step 11). If the enrichment factors have not increased significantly, continue to use the kiln dust metal
concentration limits based on the enrichment factors previously measured in Step 2, and continue with the daily
and/or weekly monitoring described in Step 5.
(8) If the "conservative" kiln dust metal concentration limit was exceeded for any metal in any single analysis of the
"required" kiln dust sample, the "spare" samples corresponding to the same period may be analyzed to determine if
the exceedance was due to a sampling or analysis error.
• If no "spare" samples were taken, refer to Step 9.
• If the average of all the samples for a given day (or week, as applicable) (including the "required" sample and the
"spare" samples) does not exceed the "conservative" kiln dust metal concentration limit, no corrective measures are
necessary; continue with the daily and/or weekly monitoring as described in Step 5.
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• If the average of all the samples for a given day (or week, as applicable) exceeds the "conservative" kiln dust metal
concentration limit, but the average of the "spare" samples is below the "conservative" kiln dust metal concentration
limit, apply the Q-test, described in appendix A, to determine whether the "required" sample concentration can be
judged as an outlier.
—If the "required" sample concentration is judged an outlier, no corrective measures are necessary; continue with the
daily and/or weekly monitoring described in Step 5.
—If the "required" sample concentration is not judged an outlier, refer to Step 9.
(9) Determine if the "violation" kiln dust metal concentration has been exceeded based on either the average of all the
samples collected during the 24-hour period in question, or if discarding an outlier can be statistically justified by the
Q-test described in appendix A, on the average of the remaining samples.
• If the "violation" kiln dust metal concentration limit has been exceeded, a violation of the metals controls under
§266.103(c) has occurred. Notify the Director that a violation has occurred. Hazardous waste may be burned for
testing purposes for up to 720 operating hours to support a revised certification of compliance. Note that the Director
may grant an extension of the hours of hazardous waste burning under §266.103(c)(7) if additional burning time is
needed to support a revised certification for reasons beyond the control of the owner or operator. Until a revised
certification of compliance is submitted to the Director, the feedrate of the metals in violation in total and pumpable
hazardous waste feeds is limited to 50% of the previous compliance test limits.
• If the "violation" kiln dust metal concentration has not been exceeded:
—If the exceedance occurred in a daily composite sample, refer to Step 10.
—If the exceedance occurred in a weekly composite sample, refer to Step 11.
(10) Determine if the "conservative" kiln dust metal concentration limit has been exceeded more than three times in
the last 60 days.
• If not, log this exceedance and continue with the daily and/or weekly monitoring (Step 5).
• If so, the tests to determine the enrichment factors must be repeated (refer to Step 11).
• This determination is made separately for each metal. For example,
—Three exceedances for each of the ten hazardous metals are allowed within any 60-day period.
—Four exceedances of any single metal in any 60-day period is not allowed.
• This determination should be made daily, beginning on the first day of daily monitoring. For example, if four
exceedances of any single metal occur in the first four days of daily monitoring, do not wait until the end of the 60-day
period; refer immediately to Step 11.
(11) The tests to determine the enrichment factor must be repeated if: (1) More than three exceedances of the
"conservative" kiln dust metal concentration limit occur within any 60 consecutive daily samples; (2) an excursion of
the "conservative" kiln dust metal concentration limit occurs in any weekly sample; or (3) a quarterly test indicates that
the enrichment factors have increased significantly.
• The facility must notify the Director if these tests must be repeated.
• The facility has up to 720 hazardous-waste-burning hours to redetermine the enrichment factors for the metal or
metals in question and to recertify (beginning with a return to Step 2). During this period, the facility must reduce the
feed rate of the metal in violation by 50%. If the facility has not completed the recertification process within this
140
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period, it must stop burning or obtain an extension. Hazardous waste burning may resume only when the
recertification process (ending with Step 4) has been completed.
• Meanwhile, the facility must continue with daily kiln dust metals monitoring (Step 5) and must remain in compliance
with the "violation" kiln dust metal concentration limits (Step 9).
10.6 Precompliance Procedures
Cement kilns and other industrial furnaces that recycle emission control residue back into the furnace must comply
with the same certification schedules and procedures (with the few exceptions described below) that apply to other
boilers and industrial furnaces. These schedules and procedures, as set forth in §266.103, require no later than the
effective date of the rule, each facility submit a certification which establishes precompliance limits for a number of
compliance parameters (see §266.103(b)(3)), and that each facility immediately begin to operate under these limits.
These precompliance limits must ensure that interim status emissions limits for hazardous metals, particulate matter,
HCI, and CI2are not likely to be exceeded. Determination of the values of the precompliance limits must be made
based on either (1) conservative default assumptions provided in this Methods Manual, or (2) engineering judgement.
The flowchart for implementing the precompliance procedures is shown in Figure 10.6-1. The step-by-step
precompliance implementation procedure is described below. The precompliance implementation procedures and
numbering scheme are similarto those used forthe compliance procedures described in Subsection 10.5.
(1) Prepare initial limits and test plans.
• Determine the Tier III metal emission limit. The Tier II metal emission limit may also be used (see 40 CFR 266.106).
• Determine the applicable PM emission standard. This standard is the most stringent particulate emission standard
that applies to the facility. A facility may elect to restrict itself to an even more stringent self-imposed PM emission
standard, particularly if the facility finds that it is easier to control particulate emissions than to reduce the kiln dust
concentration of a certain metal (i.e., lead).
• Determine which metals need to be monitored (i.e., all hazardous metals for which Tier III emission limits are lower
than PM emission limits, assuming PM is pure metal).
• Follow appropriate procedures for preparing waste analysis plans forthe following tasks:
—Analysis of hazardous waste feedstreams.
—Daily and/or weekly monitoring of kiln dust concentrations for continuing compliance.
(2) Determine the "safe" enrichment factor for precompliance. In this context, the "safe" enrichment factor is a
conservatively high estimate of the enrichment factor (the ratio of the emitted metal concentration to the metal
concentration in the collected kiln dust). The "safe" enrichment factor must be calculated from either conservative
default values, or engineering judgement.
141
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• Conservative default values for the "safe" enrichment factor are as follows:
—SEF=10 for all hazardous metals except mercury. SEF=10 for antimony, arsenic, barium, beryllium, cadmium,
chromium, lead, silver, and thallium.
—SEF=100 for mercury.
• Engineering judgement may be used in place of conservative default assumptions provided that the engineering
judgement is defensible and properly documented. The facility must keep a written record of all assumptions and
calculations necessary to justify the SEF. The facility must provide this record to EPA upon request and must be
prepared to defend these assumptions and calculations.
Examples of situations where the use of engineering judgement is appropriate include:
—Use of data from precompliance tests;
—Use of data from previous compliance tests; and
—Use of data from similar facilities.
(3) This step does not apply to precompliance procedures.
(4) Prepare certification of precompliance.
• Calculate the "conservative" dust metal concentration limit (DMCLC) using Equation 5.
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• Submit certification of precompliance. This certification must include precompliance limits for all compliance
parameters that apply to other boilers and industrial furnaces (i.e., those that do not recycle emission control residue
back into the furnace) as listed in §266.103(b)(3), except that it is not necessary to set precompliance limits on
maximum feedrate of each hazardous metal in all combined feedstreams.
• Furnaces that recycle collected PM back into the furnace (and that elect to comply with this method (see
§266.103(c)(3)(ii)) are subject to a special precompliance parameter, however. They must establish precompliance
limits on the maximum concentration of each hazardous metal in collected kiln dust (which must be set according to
the procedures described above).
(5) Monitor metal concentration in kiln dust for continuing compliance, and maintain compliance with all
precompliance limits until certification of compliance has been submitted.
• Metals to be monitored during precompliance testing are classified as either "critical" or "noncritical" metals.
—All metals must initially be classified as "critical" metals and be monitored on a daily basis.
—A "critical" metal may be reclassified as a "noncritical" metal if its concentration in the kiln dust remains below 10%
of its "conservative" kiln dust metal concentration limit for 30 consecutive daily samples. "Noncritical" metals must be
monitored on a weekly basis, at a minimum.
—A "noncritical" metal must be reclassified as a "critical" metal if its concentration in the kiln dust is above 10% of its
"conservative" kiln dust metal concentration limit for any single daily or weekly sample.
• It is a violation if the facility fails to analyze the kiln dust for any "critical" metal on any single day or for any
"noncritical" metal during any single week, when hazardous waste is burned.
• Follow the sampling, compositing, and analytical procedures described in this method and in other appropriate
methods as they pertain to the condition and accessibility of the kiln dust.
• Samples must be collected at least once every 8 hours, and a daily composite must be prepared according to
appropriate procedures.
—At least one composite sample is required. This sample is referred to as the "required" sample.
—ForQA/QC purposes, a facility may elect to collect two or more additional samples. These samples are referred to
as the "spare" samples. These additional samples must be collected over the same time period and according to the
same procedures as those used for the "required" sample.
—Samples for "critical" metals must be daily composites.
—Samples for "noncritical" metals must be weekly composites, at a minimum. These samples can be composites of
the original 8-hour samples, or they can be composites of daily composite samples.
• Analyze the "required" sample to determine the concentration of each metal.
—This analysis must be completed within 48 hours of the close of the sampling period. Failure to meet this schedule
is a violation.
• If the "conservative" kiln dust metal concentration limit is exceeded for any metal, refer to Step 8.
• If the "conservative" kiln dust metal concentration limit is not exceeded, continue with the daily and/or weekly
monitoring (Step 5) for the duration of interim status.
(6) This step does not apply to precompliance procedures.
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(7) This step does not apply to precompliance procedures.
(8) If the "conservative" kiln dust metal concentration limit was exceeded for any metal in any single analysis of the
"required" kiln dust sample, the "spare" samples corresponding to the same period may be analyzed to determine if
the exceedance is due to a sampling or analysis error.
• If no "spare" samples were taken, refer to Step 9.
• If the average of all the samples for a given day (or week, as applicable) (including the "required" sample and the
"spare" samples) does not exceed the "conservative" kiln dust metal concentration limit, no corrective measures are
necessary; continue with the daily and/or weekly monitoring as described in Step 5.
• If the average of all the samples fora given day (or week, as applicable) exceeds the "conservative" kiln dust metal
concentration limit, but the average of the "spare" samples is below the "conservative" kiln dust metal concentration
limit, apply the Q-test, described in appendix A, to determine whether the "required" sample concentration can be
judged as an outlier.
—If the "required" sample concentration is judged an outlier, no corrective measures are necessary; continue with the
daily and/or weekly monitoring described in Step 5.
—If the "required" sample concentration is not judged an outlier, refer to Step 10.
(9) This step does not apply to precompliance procedures.
(10) Determine if the "conservative" kiln dust metal concentration limit has been exceeded more than three times in
the last 60 days.
• If not, log this exceedance and continue with the daily and/or weekly monitoring (Step 5).
• If so, the tests to determine the enrichment factors must be repeated (refer to Step 11).
• This determination is made separately for each metal; for example:
—Three exceedances for each of the ten hazardous metals are allowed within any 60-day period.
—Four exceedances of any single metal in any 60-day period is not allowed.
• This determination should be made daily, beginning on the first day of daily monitoring. For example, if four
exceedances of any single metal occur in the first four days of daily monitoring, do not wait until the end of the 60-day
period; refer immediately to Step 11.
(11) A revised certification of precompliance must be submitted to the Director (or certification of compliance must be
submitted) if: (1) More than three exceedances of the "conservative" kiln dust metal concentration limit occur within
any 60 consecutive daily samples; or (2) an exceedance of the "conservative" kiln dust metal concentration limit
occurs in any weekly sample.
• The facility must notify the Director if a revised certification of precompliance must be submitted.
• The facility has up to 720 waste-burning hours to submit a certification of compliance or a revised certification of
precompliance. During this period, the feed rate of the metal in violation must be reduced by 50%. In the case of a
revised certification of precompliance, engineering judgement must be used to ensure that the "conservative" kiln
dust metal concentration will not be exceeded. Examples of how this goal might be accomplished include:
—Changing equipment or operating procedures to reduce the kiln dust metal concentration;
144
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—Changing equipment or operating procedures, or using more detailed engineering judgement, to decrease the
estimated SEF and thus increase the "conservative" kiln dust metal concentration limit;
—Increasing the "conservative" kiln dust metal concentration limit by imposing a stricter PM emissions standard; or
—Increasing the "conservative" kiln dust metal concentration limit by performing a more detailed risk assessment to
increase the metal emission limits.
• Meanwhile, the facility must continue with daily kiln dust metals monitoring (Step 5).
Appendix A to Appendix IX to Part 266—Statistics
A. 1 Determination of Enrichment Factor
After at least 10 initial emissions tests are performed, an enrichment factor for each metal must be determined. At the
95% confidence level, the enrichment factor, EF95&Percnt;, is based on the test results and is statistically determined so
there is only a 5% chance that the enrichment factor at any given time will be larger than EFgs%. Similarly, at the
99% confidence level, the enrichment factor, EFgg%,is statistically determined so there is only a 1% chance that
the enrichment factor at any given time will be larger than EFgg%.
For a large number of samples (n > 30), EFg5%is based on a normal distribution, and is equal to:
EF g5%= EF + Z CO (1)
where:
EF = -J=i
(2)
., I
n
(3)
For a 95% confidence level, zc\s equal to 1.645.
For a small number of samples (n<30), EFg5%is based on the t-distribution and is equal to:
EF g5%= EF + t c S (4)
where the standard deviation, S, is defined as:
S
Z
z-l
(EFi - EF
n-\
(5)
145
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tcis a function of the number of samples and the confidence level that is desired. It increases in value as the sample
size decreases and the confidence level increases. The 95% confidence level is used in this method to calculate the
"violation" kiln dust metal concentration limit; and the 99% confidence level is sometimes used to calculate the
"conservative" kiln dust metal concentration limit. Values of tcare shown in table A-1 for various degrees of freedom
(degrees of freedom=sample size-1) at the 95% and 99% confidence levels. As the sample size approaches infinity,
the normal distribution is approached.
A. 2 Comparison of Enrichment Factor Groups
To determine if the enrichment factors measured in the quarterly tests are significantly different from the enrichment
factors determined in the initial Step 2 tests, the t-test is used. In this test, the value tmeas:
EF\ ~
-L+-L
«, w,
Table A-1—t-Distribution
n-1 or n1+n2-2
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
t.95
6.31
2.92
2.35
2.13
2.02
1.94
1.90
1.86
1.83
1.81
1.80
1.78
1.77
1.76
1.75
1.75
1.74
1.73
1.73
1.72
t.99
31.82
6.96
4.54
3.75
3.36
3.14
3.00
2.90
2.82
2.76
2.72
2.68
2.65
2.62
2.60
2.58
2.57
2.55
2.54
2.53
146
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25
30
40
60
120
OO
1.71
1.70
1.68
1.67
1.66
1.645
2.48
2.46
2.42
2.39
2.36
2.33
.(h-ljtf+k-l)^ ^
- 2
is compared to tcritatthe desired confidence level. The 95% confidence level is used in this method. Values of Ware
shown in table A-1 for various degrees of freedom (degrees of freedom n-i+n2-2) at the 95% and 99% confidence
levels. If tmeasis greater than tCTit, it can be concluded with 95% confidence that the two groups are not from the same
population.
A. 3 Rejection of Data
If the concentration of any hazardous metal in the "required" kiln dust sample exceeds the kiln dust metal
concentration limit, the "spare" samples are analyzed. If the average of the combined "required" and "spare" values is
still above the limit, a statistical test is used to decide if the upper value can be rejected.
The "Q-test" is used to determine if a data point can be rejected. The difference between the questionable result and
its neighbor is divided by the spread of the entire data set. The resulting ratio, Qmeas, is then compared with rejection
values that are critical for a particular degree of confidence, where Qmeasis:
DMC
next highest
DMCkigke;t-
(8)
The 90% confidence level for data rejection is used in this method. Table A-2 provides the values of QCTitat the 90%
confidence level. If Qmeasis larger than QCrit, the data point can be discarded. Only one data point from a sample group
can be rejected using this method.
Table A-2—Critical Values for Use in the Q-Test
n
o
6
4
5
6
7
8
9
10
Qcrit
0.94
0.76
0.64
0.56
0.51
0.47
0.44
0.41
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[56 FR 32692, July 17, 1991 as amended 56 FR 42512, 42516, Aug. 27, 1991; 57 FR 38566, Aug. 25, 1992; 57 FR
44999, Sept. 30, 1992; 62 FR 32463, June 13, 1997; 70 FR 34588, June 14, 2005; 71 FR 40277, July 14, 2006; 74
FR 30231, June 25, 2009]
A. Exempt Lead-Bearing Materials When Generated or Originally Produced By Lead-Associated Industries1
Acid dump/fill solids
1 Lead-associated industries are lead smelters, lead-acid battery manufacturing, and lead chemical manufacturing
(e.g., manufacturing of lead oxide or other lead compounds).
Sump mud
Materials from laboratory analyses
Acid filters
Baghouse bags
Clothing (e.g., coveralls, aprons, shoes, hats, gloves)
Sweepings
Air filter bags and cartridges
Respiratory cartridge filters
Shop abrasives
Stacking boards
Waste shipping containers (e.g., cartons, bags, drums, cardboard)
Paper hand towels
Wiping rags and sponges
Contaminated pallets
Water treatment sludges, filter cakes, residues, and solids
Emission control dusts, sludges, filter cakes, residues, and solids from lead-associated industries (e.g., K069 and
D008 wastes)
Spent grids, posts, and separators
Spent batteries
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Lead oxide and lead oxide residues
Lead plates and groups
Spent battery cases, covers, and vents
Pasting belts
Water filter media
Cheesecloth from pasting rollers
Pasting additive bags
Asphalt paving materials
B. Exempt Lead-Bearing Materials When Generated or Originally Produced By Any Industry
Charging jumpers and clips
Platen abrasive
Fluff from lead wire and cable casings
Lead-based pigments and compounding pigment dust
[56 FR 42517, Aug. 27, 1991]
A. Exempt Nickel or Chromium-Bearing Materials when Generated by Manufacturers or Users of Nickel, Chromium,
or Iron
Baghouse bags
Raney nickel catalyst
Floor sweepings
Air filters
Electroplating bath filters
Wastewater filter media
Wood pallets
Disposable clothing (coveralls, aprons, hats, and gloves)
Laboratory samples and spent chemicals
149
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Shipping containers and plastic liners from containers or vehicles used to transport nickel or chromium-containing
wastes
Respirator cartridge filters
Paper hand towels
6. Exempt Nickel or Chromium-Bearing Materials when Generated by Any Industry
Electroplating wastewater treatment sludges (F006)
Nickel and/or chromium-containing solutions
Nickel, chromium, and iron catalysts
Nickel-cadmium and nickel-iron batteries
Filter cake from wet scrubber system water treatment plants in the specialty steel industry1
1 If a hazardous waste under an authorized State program.
Filter cake from nickel-chromium alloy pickling operations1
[56 FR 42517, Aug. 27, 1991]
These are exempt mercury-bearing materials with less than 500 ppm of 40 CFR Part 261, appendix VIII organic
constituents when generated by manufacturers or users of mercury or mercury products.
1. Activated carbon
2. Decomposer graphite
3. Wood
4. Paper
5. Protective clothing
6. Sweepings
7. Respiratory cartridge filters
8. Cleanup articles
9. Plastic bags and other contaminated containers
10. Laboratory and process control samples
11. K106 and other wastewater treatment plant sludge and filter cake
150
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12. Mercury cell sump and tank sludge
13. Mercury cell process solids
14. Recoverable levels of mercury contained in soil
[59 FR 48042, Sept. 19, 1994, as amended at 71 FR 40278, July 14, 2006]
151
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Appendix D: Part 2 68
Regulations
Land Disposal Restrictions
6/8/2011
US EPA
Version 1
-------
of
PART 268—LAND DISPOSAL RESTRICTIONS 3
Subpart A—General 3
Subpart B—Schedule for Land Disposal Prohibition and Establishment of Treatment Standards 19
Subpart C—Prohibitions on Land Disposal 20
Subpart D—Treatment Standards 27
Subpart E—Prohibitions on Storage 146
Appendixes l-ll to Part 268 [Reserved] 147
Appendix III to Part 268—List of Halogenated Organic Compounds Regulated Under §268.32 147
Appendix IV to Part 268—Wastes Excluded From Lab Packs Under the Alternative Treatment Standards
of§268.42(c) 151
Appendix V to Part 268 [Reserved] 151
Appendix VI to Part 268—Recommended Technologies To Achieve Deactivation of Characteristics in
Section 268.42 151
Appendix VII to Part 268—LDR Effective Dates of Surface Disposed Prohibited Hazardous Wastes ....153
Appendix VI11 to Part 268—LDR Effective Dates of Injected Prohibited Hazardous Wastes 191
Appendix IX to Part 268—Extraction Procedure (EP) Toxicity Test Method and Structural Integrity Test
(Method 131 OB) 199
Appendix X to Part 268 [Reserved] 200
Appendix XI to Part 268—Metal Bearing Wastes Prohibited From Dilution in a Combustion Unit According
to 40 CFR 268.3(c) 200
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PART 268—LAND DISPOSAL RESTRICTIONS
Authority: 42 U.S.C. 6905, 6912(a), 6921, and 6924.
Subpart A—General
§ 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:
(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).
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(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;
(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 FR 31212,
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 dome formation, salt bed formation, underground mine or cave, or placement in a concrete
vault, or bunker intended for disposal purposes.
(d) A/on waste wafers 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.
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(f) Wastewafers 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)(1), and is specifically listed in appendix XI of this part.
(k) So/7 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 FR 244, 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):
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(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;
(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.
(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.
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(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.
[51 FR 40638, Nov. 7, 1986; 52 FR 21016, June 4, 1987, as amended at 52 FR 25788, July 8, 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;
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(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 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 theFederal
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.
(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,
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(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)(1); 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)(1) 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)(1) 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 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;
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(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:
(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)(1) 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)(1) 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)(1) of this section
must be kept on-site at the facility in the operating record.
(5) The monitoring program specified under paragraph (c)(1) 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 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 theFederal 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.
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(I) 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 FR 31212,
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 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.
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(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 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)
§268.7
(a)(2)
S
S
S
S
S
S
§268.7
(a)(3)
S
S
•/
V
•/
s
§268.7
(a)(4)
S
V
V
V
V
§268.7
(a)(9)
S
*/
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(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 Clean Water Act (CWA) as specified at 40 CFR 261.4(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(c). 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)(1), (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
§268.7(b)
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)
4. Waste analysis data (when available)
5. For contaminated soil subject to LDRs as provided in 268.49(a), the constituents subject to
reatment 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:
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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. I 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(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(i) have been treated on-site to meet the §268.48 Universal Treatment Standards. I am
16
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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:
(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)(1) 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
§261.2(f)(1) 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)(1) 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. I 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 40638, 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 atwww.fdsys.gov.
§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 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 ortreater'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
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(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; 60 FR 245, 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.
§§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]
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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;
(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 Novembers, 1988, the dioxin-containing wastes specified in 40 CFR 261.31 as EPA Hazardous Waste
Nos. F020, F02I, 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)(1)
of this section are prohibited from land disposal.
(c) Between Novembers, 1988, and Novembers, 1990, wastes included in paragraph (a)(1) 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.
[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:
(1 )(i) The wastes contain halogenated organic compounds in total concentration less than 1,000 mg/kg; and
21
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(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 1,000 mg/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;
(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.
22
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(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
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:
(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;
23
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(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
(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
24
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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, K117, K118, 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)ofthis 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 generator
25
-------
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 July8, 1996, the wastes specified in 40 CFR261.32 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;
(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]
26
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§ 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 131 OB, 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)(1) 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(i)) 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
27
-------
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 CFR261.32
as EPA Hazardous Waste numbers K156-K161; and in 40 CFR 261.33 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,
forwastewaters.
(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, forwastewaters.
Treatment Standards For Hazardous Wastes
[Note: NA means not applicable]
Waste
code
D0019
Waste description and
treatment/Regulatory
subcategory1
Ignitable Characteristic
Wastes, except for the
§261.21(a)(1)HighTOC
Subcategory.
High TOC Ignitable
Characteristic Liquids
Subcategory based on 40
CFR261.21(a)(1)—
Greater than or equal to
10% total organic carbon.
(Note: This subcategory
consists of
nonwastewaters only.)
Regulated hazardous constituent
Common name
NA
NA
CAS2
number
NA
NA
Waste waters
Concentration3
in mg/L; or
Technology
Code4
DEACT and
meet §268.48
standards8; or
RORGS; or
CMBST
NA
Nonwastewaters
Concentration^
mg/kg unless
noted as
"mg/L TCLP"; or
Technology
Code4
DEACT and meet
§268.48
standards8; or
RORGS; or
CMBST
RORGS; CMBST;
or POLYM
28
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D0029
D002,
D004,
D005,
D006,
D007,
D008,
D009,
D010,
D011
D0039
D0049
Corrosive Characteristic
Wastes.
Radioactive high level
wastes generated during
the reprocessing of fuel
rods. (Note: This
subcategory consists of
nonwastewaters only.)
Reactive Sulfides
Subcategory based on
261.23(a)(5).
Explosives Subcategory
based on 261 .23(a)(6),(7),
and (8).
Unexploded ordnance and
other explosive devices
which have been the
subject of an emergency
response.
Other Reactives
Subcategory based on
261.23(a)(1).
Water Reactive
Subcategory based on
261.23(a)(2), (3), and (4).
(Note: This subcategory
consists of
nonwastewaters only).
Reactive Cyanides
Subcategory based on
261.23(a)(5).
Wastes that exhibit, or are
expected to exhibit, the
characteristic of toxicity for
arsenic based on the
toxicity characteristic
NA
Corrosivity (pH)
Arsenic
Barium
Cadmium
Chromium (Total)
Lead
Mercury
Selenium
Silver
NA
NA
NA
NA
NA
Cyanides (Total)'
Cyanides (Amenable)'
Arsenic
NA
NA
7440-
38-2
7440-
39-3
7440-
43-9
7440-
47-3
7439-
92-1
7439-
97-6
7782-
49-2
7440-
22-4
NA
NA
NA
NA
NA
57-12-5
57-12-5
7440-
38-2
DEACT and
meet §268.48
standards8
NA
NA
NA
NA
NA
NA
NA
NA
NA
DEACT
DEACT and
meet §268.48
standards8
DEACT
DEACT and
meet §268.48
standards8
NA
Reserved
0.86
1 .4 and meet
§268.48
standards8
DEACT and meet
§268.48
standards8
HLVIT
HLVIT
HLVIT
HLVIT
HLVIT
HLVIT
HLVIT
HLVIT
HLVIT
DEACT
DEACT and meet
§268.48
standards8
DEACT
DEACT and meet
§268.48
standards8
DEACT and meet
§268.48
standards8
590
30
5.0 mg/L TCLP
and meet §268.48
standards8
29
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D0059
D0069
D0079
D0089
leaching procedure
(TCLP) in SW846.
Wastes that exhibit, or are
expected to exhibit, the
characteristic of toxicity for
barium based on the
toxicity characteristic
leaching procedure
(TCLP) in SW846.
Wastes that exhibit, or are
expected to exhibit, the
characteristic of toxicity for
cadmium based on the
toxicity characteristic
leaching procedure
(TCLP) in SW846.
Cadmium Containing
Batteries Subcategory.
(Note: This subcategory
consists of
nonwastewaters only).
Radioactive ly
contaminated cadmium
containing batteries.
(Note:This subcategory
consists of
nonwastewaters only)
Wastes that exhibit, or are
expected to exhibit, the
characteristic of toxicity for
chromium based on the
toxicity characteristic
leaching procedure
(TCLP) in SW846.
Wastes that exhibit, or are
expected to exhibit, the
characteristic of toxicity for
lead based on the toxicity
characteristic leaching
procedure (TCLP) in
SW846.
Lead Acid Batteries
Subcategory (Note: This
standard only applies to
lead acid batteries that are
identified as RCRA
hazardous wastes and
that are not excluded
elsewhere from regulation
under the land disposal
restrictions of 40 CFR 268
Barium
Cadmium
Cadmium
Cadmium
Chromium (Total)
Lead
Lead
7440-
39-3
7440-
43-9
7440-
43-9
7440-
43-9
7440-
47-3
7439-
92-1
7439-
92-1
1 .2 and meet
§268.48
standards8
0.69 and meet
§268.48
standards8
NA
NA
2.77 and meet
§268.48
standards8
0.69 and meet
§268.48
standards8
NA
21 mg/L TCLP
and meet §268.48
standards8
0.11 mg/L TCLP
and meet §268.48
standards8
RTHRM
Macroencapsulati
on in accordance
with 40 CFR
268.45.
0.60 mg/L TCLP
and meet §268.48
standards8
0.75 mg/L TCLP
and meet §268.48
standards8
RLEAD
30
-------
D0099
or exempted under other
EPA regulations (see 40
CFR 266.80). This
subcategory consists of
nonwastewaters only.)
Radioactive Lead Solids
Subcategory (Note: These
lead solids include, but are
not limited to, all forms of
lead shielding and other
elemental forms of lead.
These lead solids do not
include treatment
residuals such as
hydroxide sludges, other
wastewater treatment
residuals, or incinerator
ashes that can undergo
conventional pozzolanic
stabilization, nor do they
include organo-lead
materials that can be
incinerated and stabilized
as ash. This subcategory
consists of
nonwastewaters only.)
Nonwastewaters that
exhibit, or are expected to
exhibit, the characteristic
of toxicity for mercury
based on the toxicity
characteristic leaching
procedure (TCLP) in
SW846; and contain
greater than or equal to
260 mg/kg total mercury
that also contain organics
and are not incinerator
residues. (High Mercury-
Organic Subcategory)
Nonwastewaters that
exhibit, or are expected to
exhibit, the characteristic
of toxicity for mercury
based on the toxicity
characteristic leaching
procedure (TCLP) in
SW846; and contain
greater than or equal to
260 mg/kg total mercury
that are inorganic,
including incinerator
residues and residues
Lead
Mercury
Mercury
7439-
92-1
7439-
97-6
7439-
97-6
NA
NA
NA
MACRO
IMERC; OR
RMERC
RMERC
31
-------
from RMERC. (High
Mercury-Inorganic
Subcategory)
Nonwastewaters that
exhibit, or are expected to
exhibit, the characteristic
of toxicity for mercury
based on the toxicity
characteristic leaching
procedure (TCLP) in
SW846; and contain less
than 260 mg/kg total
mercury and that are
residues from RMERC
only. (Low Mercury
Subcategory)
All other nonwastewaters
that exhibit, or are
expected to exhibit, the
characteristic of toxicity for
mercury based on the
toxicity characteristic
leaching procedure
(TCLP) in SW846; and
contain less than 260
mg/kg total mercury and
that are not residues from
RMERC. (Low Mercury
Subcategory)
All D009 wastewaters.
Elemental mercury
contaminated with
radioactive materials.
(Note: This Subcategory
consists of
nonwastewaters only.)
Hydraulic oil contaminated
with Mercury Radioactive
Materials Subcategory.
(Note: This Subcategory
consists of
nonwastewaters only.)
Radioactive ly
contaminated mercury
containing
batteries. (Note:This
Subcategory consists of
nonwastewaters only)
Mercury
Mercury
Mercury
Mercury
Mercury
Mercury
7439-
97-6
7439-
97-6
7439-
97-6
7439-
97-6
7439-
97-6
7439-
97-6
NA
NA
0.15mg/LTCLP
and meet
§268.48
standards8
NA
NA
NA
0.20 mg/L TCLP
and meet §268.48
standards8
0.025 mg/L TCLP
and meet §268.48
standards8
NA
AMLGM
IMERC
Macroencapsulati
on in accordance
with 40 CFR
268.45.
32
-------
D0109
D0119
D0129
D0139
D0149
D0159
D0169
Wastes that exhibit, or are
expected to exhibit, the
characteristic of toxicity for
selenium based on the
toxicity characteristic
leaching procedure
(TCLP) in SW846.
Wastes that exhibit, or are
expected to exhibit, the
characteristic of toxicity for
silver based on the toxicity
characteristic leaching
procedure (TCLP) in
SW846.
Radioactive ly
contaminated silver
containing
batteries. Note:This
subcategory consists of
nonwastewaters only)
Wastes that are TC for
Endrin based on the TCLP
in SW846 Method 1311.
Wastes that are TC for
Lindane based on the
TCLP in SW846 Method
1311.
Wastes that are TC for
Methoxychlor based on
the TCLP in SW846
Method 1311.
Wastes that are TC for
Toxaphene based on the
TCLP in SW846 Method
1311.
Wastes that are TC for
Selenium
Silver
Silver
Endrin
Endrin aldehyde
alpha-BHC
beta-BHC
delta-BHC
gamma-BHC (Lindane)
Methoxychlor
Toxaphene
2,4,-D (2,4-
7782-
49-2
7440-
22-4
7440-
22-4
72-20-8
7421-
93-4
319-84-
6
319-85-
7
319-86-
8
58-89-9
72-43-5
8001-
35-2
94-75-7
0.82 and meet
§268.48
standards8
0.43 and meet
§268.48
standards8
NA
BIODG; or
CMBST
BIODG; or
CMBST
CARBN; or
CMBST
CARBN; or
CMBST
CARBN; or
CMBST
CARBN; or
CMBST
WETOX or
CMBST
BIODG or
CMBST
CHOXD,
5.7 mg/L TCLP
and meet §268.48
standards8
0.1 4 mg/L TCLP
and meet §268.48
standards8
Macroencapsulati
on in accordance
with 40 CFR
268.45.
0.13 and meet
§268.48
standards8
0.13 and meet
§268.48
standards8
0.066 and meet
§268.48
standards8
0.066 and meet
§268.48
standards8
0.066 and meet
§268.48
standards8
0.066 and meet
§268.48
standards8
0.18 and meet
§268.48
standards8
2.6 and meet
§268.48
standards8
10 and meet
33
-------
D0179
D0189
D0199
D0209
D0219
D0229
D0239
D0249
D0259
D0269
D0279
D0289
2,4-D (2,4-
Dichlorophenoxyacetic
acid) based on the TCLP
in SW846 Method 1311.
Wastes that are TC for
2,4,5-TP (Silvex) based on
the TCLP in SW846
Method 1311.
Wastes that are TC for
Benzene based on the
TCLP in SW846 Method
1311.
Wastes that are TC for
Carbon tetrachloride
based on the TCLP in
SW846 Method 1311.
Wastes that are TC for
Chlordane based on the
TCLP in SW846 Method
1311.
Wastes that are TC for
Chlorobenzene based on
the TCLP in SW846
Method 1311.
Wastes that are TC for
Chloroform based on the
TCLP in SW846 Method
1311.
Wastes that are TC for o-
Cresol based on the TCLP
in SW846 Method 1311.
Wastes that are TC for m-
Cresol based on the TCLP
in SW846 Method 1311.
Wastes that are TC for p-
Cresol based on the TCLP
in SW846 Method 1311.
Wastes that are TC for
Cresols (Total) based on
the TCLP in SW846
Method 1311.
Wastes that are TC for p-
Dichlorobenzene based on
the TCLP in SW846
Method 1311.
Wastes that are TC for
1 ,2-Dichloroethane based
Dichlorophenoxyacetic
acid)
2,4,5-TP (Silvex)
Benzene
Carbon tetrachloride
Chlordane (alpha and
gamma isomers)
Chlorobenzene
Chloroform
o-Cresol
m-Cresol (difficult to
distinguish from p-cresol)
p-Cresol (difficult to
distinguish from m-cresol)
Cresol-mixed isomers
(Cresylic acid) (sum of o-,
m-, and p-cresol
concentrations)
p-Dichlorobenzene (1,4-
Dichlorobenzene)
1,2-Dichloroethane
93-72-1
71-43-2
56-23-5
57-74-9
108-90-
7
67-66-3
95-48-7
108-39-
4
106-44-
5
1319-
77-3
106-46-
7
107-06-
2
BIODG, or
CMBST
CHOXD or
CMBST
0.14 and meet
§268.48
standards8
0.057 and meet
§268.48
standards8
0.0033 and
meet §268.48
standards8
0.057 and meet
§268.48
standards8
0.046 and meet
§268.48
standards8
0.11 and meet
§268.48
standards8
0.77 and meet
§268.48
standards8
0.77 and meet
§268.48
standards8
0.88 and meet
§268.48
standards8
0.090 and meet
§268.48
standards8
0.21 and meet
§268.48
§268.48
standards8
7.9 and meet
§268.48
standards8
10 and meet
§268.48
standards8
6.0 and meet
§268.48
standards8
0.26 and meet
§268.48
standards8
6.0 and meet
§268.48
standards8
6.0 and meet
§268.48
standards8
5.6 and meet
§268.48
standards8
5.6 and meet
§268.48
standards8
5.6 and meet
§268.48
standards8
1 1 .2 and meet
§268.48
standards8
6.0 and meet
§268.48
standards8
6.0 and meet
§268.48
34
-------
D0299
D0309
D0319
D0329
D0339
D0349
D0359
D0369
D0379
D0389
D0399
on the TCLP in SW846
Method 1311.
Wastes that are TC for
1,1-Dichloroethylene
based on the TCLP in
SW846 Method 1311.
Wastes that are TC for
2,4-Dinitrotoluene based
on the TCLP in SW846
Method 1311.
Wastes that are TC for
Heptachlor based on the
TCLP in SW846 Method
1311.
Wastes that are TC for
Hexachlorobenzene based
on the TCLP in SW846
Method 1311.
Wastes that are TC for
Hexachlorobutadiene
based on the TCLP in
SW846 Method 1311.
Wastes that are TC for
Hexachloroethane based
on the TCLP in SW846
Method 1311.
Wastes that are TC for
Methyl ethyl ketone based
on the TCLP in SW846
Method 1311.
Wastes that are TC for
Nitrobenzene based on
the TCLP in SW846
Method 1311.
Wastes that are TC for
Pentachlorophenol based
on the TCLP in SW846
Method 1311.
Wastes that are TC for
Pyridine based on the
TCLP in SW846 Method
1311.
Wastes that are TC for
Tetrachloroethylene based
1,1-Dichloroethylene
2,4-Dinitrotoluene
Heptachlor
Heptachlor epoxide
Hexachlorobenzene
Hexachlorobutadiene
Hexachloroethane
Methyl ethyl ketone
Nitrobenzene
Pentachlorophenol
Pyridine
Tetrachloroethylene
75-35-4
121-14-
2
76-44-8
1024-
57-3
118-74-
1
87-68-3
67-72-1
78-93-3
98-95-3
87-86-5
110-86-
1
127-18-
4
standards"
0.025 and meet
§268.48
standards8
0.32 and meet
§268.48
standards8
0.0012 and
meet §268.48
standards8
0.016 and meet
§268.48
standards8
0.055 and meet
§268.48
standards8
0.055 and meet
§268.48
standards8
0.055 and meet
§268.48
standards8
0.28 and meet
§268.48
standards8
0.068 and meet
§268.48
standards8
0.089 and meet
§268.48
standards8
0.014 and meet
§268.48
standards8
0.056 and meet
§268.48
standards8
6.0 and meet
§268.48
standards8
140 and meet
§268.48
standards8
0.066 and meet
§268.48
standards8
0.066 and meet
§268.48
standards8
10 and meet
§268.48
standards8
5.6 and meet
§268.48
standards8
30 and meet
§268.48
standards8
36 and meet
§268.48
standards8
14 and meet
§268.48
standards8
7.4 and meet
§268.48
standards8
16 and meet
§268.48
standards8
6.0 and meet
§268.48
35
-------
D0409
D0419
D0429
D0439
F001,
F002,
F003,
F004,
&F005
on the TCLP in SW846
Method 1311.
Wastes that are TC for
Trichloroethylene based
on the TCLP in SW846
Method 1311.
Wastes that are TC for
2,4,5-Trichlorophenol
based on the TCLP in
SW846 Method 1311.
Wastes that are TC for
2,4,6-Trichlorophenol
based on the TCLP in
SW846 Method 1311.
Wastes that are TC for
Vinyl chloride based on
the TCLP in SW846
Method 1311.
F001, F002, F003, F004
and/or F005 solvent
wastes that contain any
combination of one or
more of the following
spent solvents: acetone,
benzene, n-butyl alcohol,
carbon disulfide, carbon
tetrachloride, chlorinated
fluorocarbons,
chlorobenzene, o-cresol,
m-cresol, p-cresol,
cyclohexanone, o-
dichlorobenzene, 2-
ethoxyethanol, ethyl
acetate, ethyl benzene,
ethyl ether, isobutyl
alcohol, methanol,
methylene chloride, methyl
ethyl ketone, methyl
isobutyl ketone,
nitrobenzene, 2-
nitropropane, pyridine,
tetrachloroethylene,
toluene, 1,1,1-
trichloroethane, 1,1,2-
trichloroethane, 1,1,2-
trichloro-1,2,2-
trifluoroethane,
trichloroethylene,
trichlorofluoromethane,
and/or xylenes [except as
specifically noted in other
subcategories]. See
Trichloroethylene
2,4,5-Trichlorophenol
2,4,6-Trichlorophenol
Vinyl chloride
Acetone
Benzene
n-Buthyl alcohol
Carbon disulfide
Carbon tetrachloride
Chlorobenzene
o-Cresol
m-Cresol (difficult to
distinguish from p-cresol)
p-Cresol (difficult to
distinguish from m-cresol)
Cresol-mixed isomers
(Cresylic acid) (sum of o-,
m-, and p-cresol
concentrations)
79-01-6
95-95-4
88-06-2
75-01-4
67-64-1
71-43-2
71-36-3
75-1 5-0
56-23-5
108-90-
7
95-48-7
108-39-
4
106-44-
5
1319-
77-3
standards"
0.054 and meet
§268.48
standards8
0.18 and meet
§268.48
standards8
0.035 and meet
§268.48
standards8
0.27 and meet
§268.48
standards8
0.28
0.14
5.6
3.8
0.057
0.057
0.11
0.77
0.77
0.88
standards8
6.0 and meet
§268.48
standards8
7.4 and meet
§268.48
standards8
7.4 and meet
§268.48
standards8
6.0 and meet
§268.48
standards8
160
10
2.6
NA
6.0
6.0
5.6
5.6
5.6
11.2
36
-------
further details of these
listings in §261 .31.
F003 and/or F005 solvent
wastes that contain any
combination of one or
more of the following three
solvents as the only listed
F001-5 solvents: carbon
disulfide, cyclohexanone,
and/or methanol. (formerly
268.41 (c))
Cyclohexanone
o-Dichlorobenzene
Ethyl acetate
Ethyl benzene
Ethyl ether
Isobutyl alcohol
Methanol
Methylene chloride
Methyl ethyl ketone
Methyl isobutyl ketone
Nitrobenzene
Pyridine
Tetrachloroethylene
Toluene
1,1,1-Trichloroethane
1,1,2-Trichloroethane
1,1,2-Trichloro-1,2,2-
trifluoroethane
Trichloroethylene
Trichlorofluoromethane
Xylenes-mixed isomers
(sum of o-, m-, and p-
xylene concentrations)
Carbon disulfide
Cyclohexanone
Methanol
108-94-
1
95-50-1
141-78-
6
100-41-
4
60-29-7
78-83-1
67-56-1
75-9-2
78-93-3
108-10-
1
98-95-3
110-86-
1
127-18-
4
108-88-
3
71-55-6
79-00-5
76-1 3-1
79-01-6
75-69-4
1330-
20-7
75-1 5-0
108-94-
1
67-56-1
0.36
0.088
0.34
0.057
0.12
5.6
5.6
0.089
0.28
0.14
0.068
0.014
0.056
0.080
0.054
0.054
0.057
0.054
0.020
0.32
3.8
0.36
5.6
NA
6.0
33
10
160
170
NA
30
36
33
14
16
6.0
10
6.0
6.0
30
6.0
30
30
4.8 mg/L TCLP
0.75 mg/L TCLP
0.75 mg/L TCLP
37
-------
F006
F007
F008
F005 solvent waste
containing 2-Nitropropane
as the only listed F001-5
solvent.
F005 solvent waste
containing 2-
Ethoxyethanol as the only
listed F001 -5 solvent.
Wastewater treatment
sludges from
electroplating operations
except from the following
processes: (1) Sulfuric
acid anodizing of
aluminum; (2) tin plating
on carbon steel; (3) zinc
plating (segregated basis)
on carbon steel; (4)
aluminum or zinc-
aluminum plating on
carbon steel; (5)
cleaning/stripping
associated with tin, zinc
and aluminum plating on
carbon steel; and (6)
chemical etching and
milling of aluminum.
Spent cyanide plating bath
solutions from
electroplating operations.
Plating bath residues from
the bottom of plating baths
from electroplating
operations where cyanides
are used in the process.
2-Nitropropane
2-Ethoxyethanol
Cadmium
Chromium (Total)
Cyanides (Total)
Cyanides (Amenable)7
Lead
Nickel
Silver
Cadmium
Chromium (Total)
Cyanides (Total)'
Cyanides (Amenable)'
Lead
Nickel
Silver
Cadmium
Chromium (Total)
Cyanides (Total)
Cyanides (Amenable)'
Lead
79-46-9
110-80-
5
7440-
43-9
7440-
47-3
57-12-5
57-12-5
7439-
92-1
7440-
02-0
7440-
22-4
7440-
43-9
7440-
47-3
57-12-5
57-12-5
7439-
92-1
7440-
02-0
7440-
22-4
7440-
43-9
7440-
47-3
57-12-5
57-12-5
7439-
92-1
(WETOX or
CHOXD) fb
CARBN; or
CMBST
BIODG; or
CMBST
0.69
2.77
1.2
0.86
0.69
3.98
NA
NA
2.77
1.2
0.86
0.69
3.98
NA
NA
2.77
1.2
0.86
0.69
CMBST
CMBST
0.11 mg/LTCLP
0.60 mg/L TCLP
590
30
0.75 mg/L TCLP
1 1 mg/L TCLP
0.1 4 mg/L TCLP
0.11 mg/LTCLP
0.60 mg/L TCLP
590
30
0.75 mg/L TCLP
1 1 mg/L TCLP
0.1 4 mg/L TCLP
0.11 mg/LTCLP
0.60 mg/L TCLP
590
30
0.75 mg/L TCLP
38
-------
F009
F010
F011
F012
Spent stripping and
cleaning bath solutions
from electroplating
operations where cyanides
are used in the process.
Quenching bath residues
from oil baths from metal
heat treating operations
where cyanides are used
in the process.
Spent cyanide solutions
from salt bath pot cleaning
from metal heat treating
operations.
Quenching wastewater
treatment sludges from
metal heat treating
operations where cyanides
are used in the process.
Nickel
Silver
Cadmium
Chromium (Total)
Cyanides (Total)'
Cyanides (Amenable)'
Lead
Nickel
Silver
Cyanides (Total)'
Cyanides (Amenable)7
Cadmium
Chromium (Total)
Cyanides (Total)'
Cyanides (Amenable)'
Lead
Nickel
Silver
Cadmium
Chromium (Total)
Cyanides (Total)'
Cyanides (Amenable)'
Lead
7440-
02-0
7440-
22-4
7440-
43-9
7440-
47-3
57-12-5
57-12-5
7439-
92-1
7440-
02-0
7440-
22-4
57-12-5
57-12-5
7440-
43-9
7440-
47-3
57-12-5
57-12-5
7439-
92-1
7440-
02-0
7440-
22-4
7440-
43-9
7440-
47-3
57-12-5
57-12-5
7439-
92-1
3.98
NA
NA
2.77
1.2
0.86
0.69
3.98
NA
1.2
0.86
NA
2.77
1.2
0.86
0.69
3.98
NA
NA
2.77
1.2
0.86
0.69
1 1 mg/L TCLP
0.14mg/LTCLP
0.11 mg/L TCLP
0.60 mg/L TCLP
590
30
0.75 mg/L TCLP
1 1 mg/L TCLP
0.1 4 mg/L TCLP
590
NA
0.11 mg/L TCLP
0.60 mg/L TCLP
590
30
0.75 mg/L TCLP
1 1 mg/L TCLP
0.1 4 mg/L TCLP
0.11 mg/L TCLP
0.60 mg/L TCLP
590
30
0.75 mg/L TCLP
39
-------
F019
F020,
F021,
F022,
F023,
F026
Wastewater treatment
sludges from the chemical
conversion coating of
aluminum except from
zirconium phosphating in
aluminum can washing
when such phosphating is
an exclusive conversion
coating process.
Wastes (except
wastewater and spent
carbon from hydrogen
chloride purification) from
the production or
manufacturing use (as a
reactant, chemical
intermediate, or
component in a
formulating process) of:
(1)tri-or
tetrachlorophenol, or of
intermediates used to
produce their pesticide
derivatives, excluding
wastes from the
production of
Hexachlorophene from
highly purified, 2,4,5-
trichlorophenol (F020); (2)
pentachlorophenol, or of
intermediates used to
produce its derivatives
(i.e., F021);(3)tetra-,
penta-, or
hexachlorobenzenes
under alkaline conditions
(i.e., F022); and from the
production of materials on
equipment previously used
for the production or
manufacturing use (as a
reactant, chemical
intermediate, or
component in a
formulating process) of:
(1)tri-or
tetrachlorophenols,
excluding wastes from
equipment used only for
Nickel
Silver
Chromium (Total)
Cyanides (Total)
Cyanides (Amendable)7
HxCDDs (All
Hexachlorodibenzo-p-
dioxins)
Hx CDFs (All
Hexachlorodibenzofurans)
PeCDDs (All
Pentachlorodibenzo-p-
dioxins)
PeCDFs (All
Pentachlorodibenzofurans)
Pentachlorophenol
TCDDs (All
Tetrachlorodibenzo-p-
dioxins)
TCDFs (All
Tetrachlorodibenzofurans)
2,4,5-Trichlorophenol
2,4-6-Trichlorophenol
2,3,4,6-Tetrachlorophenol
7440-
02-0
7440-
22-4
7440-
47-3
57-12-5
57-12-5
NA
NA
NA
NA
87-86-5
NA
NA
95-95-4
88-06-2
58-90-2
3.98
NA
2.77
1.2
0.86
0.000063
0.000063
0.000063
0.000035
0.089
0.000063
0.000063
0.18
0.035
0.030
1 1 mg/L TCLP
0.14mg/LTCLP
0.60 mg/L TCLP
590
30
0.001
0.001
0.001
0.001
7.4
0.001
0.001
7.4
7.4
7.4
40
-------
F024
F025
the production of
Hexachlorophene from
highly purified 2,4,5-
trichlorophenol (F023); (2)
tetra- penta, or
hexachlorobenzenes
under alkaline conditions
(i.e., F026).
Process wastes, including
but not limited to,
distillation residues, heavy
ends, tars, and reactor
clean-out wastes, from the
production of certain
chlorinated aliphatic
hydrocarbons by free
radical catalyzed
processes. These
chlorinated aliphatic
hydrocarbons are those
having carbon chain
lengths ranging from one
to and including five, with
varying amounts and
positions of chlorine
substitution. (This listing
does not include
wastewaters, waste water
treatment sludges, spent
catalysts, and wastes
listed in §261.31 or
§261.32).
Condensed light ends
from the production of
certain chlorinated
aliphatic hydrocarbons, by
free radical catalyzed
processes. These
chlorinated aliphatic
hydrocarbons are those
having carbon chain
lengths ranging from one
to and including five, with
varying amounts and
positions of chlorine
substitution. F025— Light
Ends Subcategory
Spent filters and filter aids,
and spent desiccant
wastes from the
production of certain
chlorinated aliphatic
hydrocarbons, by free
All F024 wastes
2-Chloro-1 ,3-butadiene
3-Chloropropylene
1,1-Dichloroethane
1,2-Dichloroethane
1,2-Dichloropropane
cis-1 ,3-Dichloropropylene
trans-1-3-
Dichloropropylene
bis(2-Ethylhexyl)phthalate
Hexachloroethane
Chromium (Total)
Nickel
Carbon tetrachloride
Chloroform
1,2-Dichloroethane
1,1-Dichloroethylene
Methylene chloride
1,1,2-Trichloroethane
Trichloroethylene
Vinyl chloride
Carbon tetrachloride
Chloroform
Hexachlorobenzene
Hexachlorobutadiene
Hexachloroethane
Methylene chloride
NA
126-99-
8
107-05-
1
75-34-3
107-06-
2
78-87-5
10061-
01-5
10061-
02-6
117-81-
7
67-72-1
7440-
47-3
7440-
02-0
56-23-5
67-66-3
107-06-
2
75-35-4
75-9-2
79-00-5
79-01-6
75-01-4
56-23-5
67-66-3
118-74-
1
87-68-3
67-72-1
CMBST11
0.057
0.036
0.059
0.21
0.85
0.036
0.036
0.28
0.055
2.77
3.98
0.057
0.046
0.21
0.025
0.089
0.054
0.054
0.27
0.057
0.046
0.055
0.055
0.055
0.089
CMBST11
0.28
30
6.0
6.0
18
18
18
28
30
0.60 mg/L TCLP
1 1 mg/L TCLP
6.0
6.0
6.0
6.0
30
6.0
6.0
6.0
6.0
6.0
10
5.6
30
30
41
-------
F027
F028
radical catalyzed
processes. These
chlorinated aliphatic
hydrocarbons are those
having carbon chain
lengths ranging from one
to and including five, with
varying amounts and
positions of chlorine
substitution. F025— Spent
Filters/Aids and
Desiccants Subcategory
Discarded unused
formulations containing tri-
, tetra-, or
pentachlorophenol or
discarded unused
formulations containing
compounds derived from
these chlorophenols. (This
listing does not include
formulations containing
hexachlorophene
synthesized from
prepurified 2,4,5-
trichlorophenol as the sole
component.)
Residues resulting from
the incineration or thermal
treatment of soil
contaminated with EPA
Hazardous Wastes Nos.
F020, F021, F023, F026,
and F027.
1,1,2-Trichloroethane
Trichloroethylene
Vinyl chloride
HxCDDs (All
Hexachlorodibenzo-p-
dioxins)
HxCDFs (All
Hexachlorodibenzofurans)
PeCDDs (All
Pentachlorodibenzo-p-
dioxins)
PeCDFs (All
Pentachlorodibenzofurans)
Pentachlorophenol
TCDDs (All
Tetrachlorodibenzo-p-
dioxins)
TCDFs (All
Tetrachlorodibenzofurans)
2,4,5-Trichlorophenol
2,4,6-Trichlorophenol
2,3,4,6-Tetrachlorophenol
HxCDDs (All
Hexachlorodibenzo-p-
dioxins)
HxCDFs (All
Hexachlorodibenzofurans)
PeCDDs (All
Pentachlorodibenzo-p-
dioxins)
PeCDFs (All
Pentachlorodibenzofurans)
Pentachlorophenol
TCDDs (All
Tetrachlorodibenzo-p-
dioxins)
TCDFs (All
Tetrachlorodibenzofurans)
2,4,5-Trichlorophenol
2,4,6-Trichlorophenol
75-9-2
79-00-5
79-01-6
75-01-4
NA
NA
NA
NA
87-86-5
NA
NA
95-95-4
88-06-2
58-90-2
NA
NA
NA
NA
87-86-5
NA
NA
95-95-4
88-06-2
0.054
0.054
0.27
0.000063
0.000063
0.000063
0.000035
0.089
0.000063
0.000063
0.18
0.035
0.030
0.000063
0.000063
0.000063
0.000035
0.089
0.000063
0.000063
0.18
0.035
6.0
6.0
6.0
0.001
0.001
0.001
0.001
7.4
0.001
0.001
7.4
7.4
7.4
0.001
0.001
0.001
0.001
7.4
0.001
0.001
7.4
7.4
42
-------
F032
Wastewaters (except
those that have not come
into contact with process
contaminants), process
residuals, preservative
drippage, and spent
formulations from wood
preserving processes
generated at plants that
currently use or have
previously used
chlorophenolic
formulations (except
potentially cross-
contaminated wastes that
have had the F032 waste
code deleted in
accordance with §261 .35
of this chapter or
potentially cross-
contaminated wastes that
are otherwise currently
regulated as hazardous
wastes (i.e., F034 or
F035), and where the
generator does not
resume or initiate use of
chlorophenolic
formulations). This listing
does not include K001
bottom sediment sludge
from the treatment of
wastewater from wood
preserving processes that
use creosote and/or
penta-chlorophenol.
2,3,4,6-Tetrachlorophenol
Acenaphthene
Anthracene
Benz(a)anthracene
Benzo(b)fluoranthene
(difficult to distinguish from
benzo(k)fluoranthene)
Benzo(k)fluoranthene
(difficult to distinguish from
benzo(b)fluoranthene)
Benzo(a)pyrene
Chrysene
Dibenz(a,h) anthracene
2-4-Dimethyl phenol
Fluorene
Hexachlorodibenzo-p-
dioxins
Hexachlorodibenzofurans
Indeno (1,2,3-c,d) pyrene
Naphthalene
Pentachlorodibenzo-p-
dioxins
Pentachlorodibenzofurans
Pentachlorophenol
Phenanthrene
Phenol
58-90-2
83-32-9
120-12-
7
56-55-3
205-99-
2
207-08-
9
50-32-8
218-01-
9
53-70-3
105-67-
9
86-73-7
NA
NA
193-39-
5
91-20-3
NA
NA
87-86-5
85-01-8
108-95-
2
0.030
0.059
0.059
0.059
0.11
0.11
0.061
0.059
0.055
0.036
0.059
0.000063, or
CMBST11
0.000063, or
CMBST11
0.0055
0.059
0.000063, or
CMBST11
0.00035, or
CMBST11
0.089
0.059
0.039
7.4
3.4
3.4
3.4
6.8
6.8
3.4
3.4
8.2
14
3.4
0.001, or
CMBST11
0.001, or
CMBST11
3.4
5.6
0.001, or
CMBST11
0.001, or
CMBST11
7.4
5.6
6.2
43
-------
F034
Wasteswaters (except
those that have not come
into contact with process
contaminants), process
residuals, preservative
drippage, and spent
formulations from wood
preserving processes
generated at plants that
use creosote formulations.
This listing does not
include K001 bottom
sediment sludge from the
treatment of wastewater
from wood preserving
processes that use
creosote and/or
pentachlorophenol.
Pyrene
Tetrachlorodibenzo-p-
dioxins
Tetrachlorodibenzofurans
2,3,4,6-Tetrachlorophenol
2,4,6-Trichlorophenol
Arsenic
Chromium (Total)
Acenaphthene
Anthracene
Benz(a)anthracene
Benzo(b)fluoranthene
(difficult to distinguish from
benzo(k)fluoranthene)
Benzo(k)fluoranthene
(difficult to distinguish from
benzo(b)fluoranthene)
Benzo(a)pyrene
Chrysene
Dibenz(a,h)anthracene
Fluorene
lndeno(1 ,2,3-c,d)pyrene
Naphthalene
Phenanthrene
Pyrene
Arsenic
Chromium (Total)
129-00-
0
NA
NA
58-90-2
88-06-2
7440-
38-2
7440-
47-3
83-32-9
120-12-
7
56-55-3
205-99-
2
207-08-
9
50-32-8
218-01-
9
53-70-3
86-73-7
193-39-
5
91-20-3
85-01-8
129-00-
0
7440-
38-2
7440-
47-3
0.067
0.000063, or
CMBST11
0.000063, or
CMBST11
0.030
0.035
1.4
2.77
0.059
0.059
0.059
0.11
0.11
0.061
0.059
0.055
0.059
0.0055
0.059
0.059
0.067
1.4
2.77
8.2
0.001, or
CMBST11
0.001, or
CMBST11
7.4
7.4
5.0 mg/L TCLP
0.60 mg/L TCLP
3.4
3.4
3.4
6.8
6.8
3.4
3.4
8.2
3.4
3.4
5.6
5.6
8.2
5.0 mg/L TCLP
0.60 mg/L TCLP
44
-------
F035
F037
Wastewaters (except
those that have not come
into contact with process
contaminants), process
residuals, preservative
drippage, and spent
formulations from wood
preserving processes
generated at plants that
use inorganic
preservatives containing
arsenic or chromium. This
listing does not include
K001 bottom sediment
sludge from the treatment
of wastewater from wood
preserving processes that
use creosote and/or
pentachlorophenol.
Petroleum refinery primary
oil/water/solids separation
sludge — Any sludge
generated from the
gravitational separation of
oil/water/solids during the
storage or treatment of
process wastewaters and
oily cooling wastewaters
from petroleum refineries.
Such sludges include, but
are not limited to, those
generated in:
oil/water/solids separators;
tanks and impoundments;
ditches and other
conveyances; sumps; and
stormwater units receiving
dry weather flow. Sludge
generated in stormwater
units that do not receive
dry weather flow, sludges
generated from non-
contact once-through
cooling waters segregated
for treatment from other
process or oily cooling
waters, sludges generated
in aggressive biological
treatment units as defined
in §261. 31 (b)(2) (including
sludges generated in one
or more additional units
after wastewaters have
been treated in aggressive
Arsenic
Chromium (Total)
Acenaphthene
Anthracene
Benzene
Benz(a)anthracene
Benzo(a)pyrene
bis(2-Ethylhexyl) phthalate
Chrysene
Di-n-butyl phthalate
Ethylbenzene
Fluorene
Naphthalene
Phenanthrene
Phenol
Pyrene
Toluene
Xylenes-mixed isomers
(sum of o, m-, and p-
xylene concentrations)
7440-
38-2
7440-
47-3
83-32-9
120-12-
7
71-43-2
56-55-3
50-32-8
117-81-
7
218-01-
9
84-74-2
100-41-
4
86-73-7
91-20-3
85-01-8
108-95-
2
129-00-
0
108-88-
3
1330-
20-7
1.4
2.77
0.059
0.059
0.14
0.059
0.061
0.28
0.059
0.057
0.057
0.059
0.059
0.059
0.039
0.067
0.080
0.32
5.0 mg/L TCLP
0.60 mg/L TCLP
NA
3.4
10
3.4
3.4
28
3.4
28
10
NA
5.6
5.6
6.2
8.2
10
30
45
-------
F038
biological treatment units)
and K051 wastes are not
included in this listing.
Petroleum refinery
secondary (emulsified)
oil/water/solids separation
sludge and/or float
generated from the
physical and/or chemical
separation of
oil/water/solids in process
wastewaters and oily
cooling wastewaters from
petroleum refineries. Such
wastes include, but are not
limited to, all sludges and
floats generated in:
induced air floatation (IAF)
units, tanks and
impoundments, and all
sludges generated in DAF
units. Sludges generated
in stormwater units that do
not receive dry weather
flow, sludges generated
from non-contact once-
through cooling waters
segregated for treatment
from other process or oily
cooling waters, sludges
and floats generated in
aggressive biological
treatment units as defined
in §261. 31 (b)(2) (including
sludges and floats
generated in one or more
additional units after
wastewaters have been
treated in aggressive
biological units) and F037,
K048, and K051 are not
included in this listing.
Chromium (Total)
Cyanides (Total)'
Lead
Nickel
Benzene
Benzo(a)pyrene
bis(2-Ethylhexyl) phthalate
Chrysene
Di-n-butyl phthalate
Ethylbenzene
Fluorene
Naphthalene
Phenanthrene
Phenol
Pyrene
Toluene
Xylenes-mixed isomers
(sum of o, m-, and p-
xylene concentrations)
Chromium (Total)
Cyanides (Total)
Lead
Nickel
7440-
47-3
57-12-5
7439-
92-1
7440-
02-0
71-43-2
50-32-8
117-81-
7
218-01-
9
84-74-2
100-41-
4
86-73-7
91-20-3
85-01-8
108-95-
2
129-00-
0
108-88-
3
1330-
20-7
7440-
47-3
57-12-5
7439-
92-1
7440-
02-0
2.77
1.2
0.69
NA
0.14
0.061
0.28
0.059
0.057
0.057
0.059
0.059
0.059
0.039
0.067
0.080
0.32
2.77
1.2
0.69
NA
0.60 mg/L TCLP
590
NA
1 1 mg/L TCLP
10
3.4
28
3.4
28
10
NA
5.6
5.6
6.2
8.2
10
30
0.60 mg/L TCLP
590
NA
1 1 mg/L TCLP
46
-------
F039
Leachate (liquids that
have percolated through
land disposed wastes)
resulting from the disposal
of more than one
restricted waste classified
as hazardous under
subpart D of this part.
(Leachate resulting from
the disposal of one or
more of the following EPA
Hazardous Wastes and no
other Hazardous Wastes
retains its EPA Hazardous
Waste Number(s): F020,
F021, F022, F026, F027,
and/or F028.)
Acenaphthylene
Acenaphthene
Acetone
Acetonitrile
Acetophenone
2-Acetylaminofluorene
Acrolein
Acrylonitrile
Aldrin
4-Aminobiphenyl
Aniline
o-Anisidine (2-
methoxyaniline)
Anthracene
Aramite
alpha-BHC
beta-BHC
delta-BHC
gamma-BHC
Benzene
Benz(a)anthracene
Benzo(b)fluoranthene
(difficult to distinguish from
benzo(k)fluoranthene)
Benzo(k)fluoranthene
(difficult to distinguish from
benzo(b)fluoranthene)
Benzo(g,h,i)perylene
208-96-
8
83-32-9
67-64-1
75-05-8
96-86-2
53-96-3
107-02-
8
107-13-
1
309-00-
2
92-67-1
62-53-3
90-04-0
120-12-
7
140-57-
8
319-84-
6
319-85-
7
319-86-
8
58-89-9
71-43-2
56-55-3
205-99-
2
207-08-
9
191-24-
0.059
0.059
0.28
5.6
0.010
0.059
0.29
0.24
0.021
0.13
0.81
0.010
0.059
0.36
0.00014
0.00014
0.023
0.0017
0.14
0.059
0.11
0.11
0.0055
3,4
3.4
160
NA
9.7
140
NA
84
0.066
NA
14
0.66
3.4
NA
0.066
0.066
0.066
0.066
10
3.4
6.8
6.8
1.8
47
-------
Benzo(a)pyrene
Bromodichloromethane
Methyl bromide
(Bromomethane)
4-Bromophenyl phenyl
ether
n-Butyl alcohol
Butyl benzyl phthalate
2-sec-Buty-4,6-
dinitrophenol (Dinoseb)
Carbon disulfide
Carbon tetrachloride
Chlordane (alpha and
gamma isomers)
p-Chloroaniline
Chlorobenzene
Chlorobenzilate
2-Chloro-1 ,3-butadiene
Chlorodibromomethane
Chloroethane
bis(2-
Chloroethoxy)methane
bis(2-Chloroethyl)ether
Chloroform
bis(2-Chloroisopropyl)ether
p-Chloro-m-cresol
Chloromethane (Methyl
chloride)
2-Chloronaphthalene
2-Chlorophenol
3-Chloropropylene
2
50-32-8
75-27-4
74-83-9
101-55-
3
71-36-3
85-68-7
88-85-7
75-1 5-0
56-23-5
57-74-9
106-47-
8
108-90-
7
510-15-
6
126-99-
8
124-48-
1
75-00-3
111-91-
1
111-44-
4
67-66-3
39638-
32-9
59-50-7
74-87-3
91-58-7
95-57-8
107-05-
0.061
0.35
0.11
0.055
5.6
0.017
0.066
3.8
0.057
0.0033
0.46
0.057
0.10
0.057
0.057
0.27
0.036
0.033
0.046
0.055
0.018
0.19
0.055
0.044
0.036
3.4
15
15
15
2.6
28
2.5
NA
6.0
0.26
16
6.0
NA
NA
15
6.0
7.2
6.0
6.0
7.2
14
30
5.6
5.7
30
48
-------
Chrysene
o-Cresol
p-Cresidine
m-Cresol (difficult to
distinguish from p-cresol)
p-Cresol (difficult to
distinguish from m-cresol)
Cyclohexanone
1 ,2-Dibromo-3-
chloropropane
Ethylene dibromide (1 ,2-
Dibromoethane)
Dibromomethane
2,4-D (2,4-
Dichlorophenoxyacetic
acid)
o,p'-DD
p,p'-DDD
o,p'-DDE
p,p'-DDE
o,p'-DDT
p,p'-DDT
Dibenz(a,h)anthracene
Dibenz(a,e)pyrene
m-Dichlorobenzene
o-Dichlorobenzene
p-Dichlorobenzene
Dichlorodifluoromethane
1,1-Dichloroethane
1,2-Dichloroethane
1
218-01-
9
95-48-7
120-71-
8
108-39-
4
106-44-
5
108-94-
1
96-12-8
106-93-
4
74-95-3
94-75-7
53-19-0
72-54-8
3424-
82-6
72-55-9
789-02-
6
50-29-3
53-70-3
192-65-
4
541-73-
1
95-50-1
106-46-
7
75-71-8
75-34-3
107-06-
0.059
0.11
0.010
0.77
0.77
0.36
0.11
0.028
0.11
0.72
0.023
0.023
0.031
0.031
0.0039
0.0039
0.055
0.061
0.036
0.088
0.090
0.23
0.059
0.21
3.4
5.6
0.66
5.6
5.6
NA
15
15
15
10
0.087
0.087
0.087
0.087
0.087
0.087
8.2
NA
6.0
6.0
6.0
7.2
6.0
6.0
49
-------
1,1-Dichloroethylene
trans-1 ,2-Dichloroethylene
2,4-Dichlorophenol
2,6-Dichlorophenol
1,2-Dichloropropane
cis-1 ,3-Dichloropropylene
trans-1 ,3-
Dichloropropylene
Dieldrin
Diethyl phthalate
2,4-Dimethylaniline (2,4-
xylidine)
2-4-Dimethyl phenol
Dimethyl phthalate
Di-n-butyl phthalate
1,4-Dinitro benzene
4,6-Dinitro-o-cresol
2,4-Dinitrophenol
2,4-Dinitrotoluene
2,6-Dinitrotoluene
Di-n-octyl phthalate
Di-n-propylnitrosamine
1 ,4-Dioxane
Diphenylamine (difficult to
distinguish from
diphenylnitrosamine)
Diphenylnitrosamine
2
75-35-4
156-60-
5
120-83-
2
87-65-0
78-87-5
10061-
01-5
10061-
02-6
60-57-1
84-66-2
95-68-1
105-67-
9
131-11-
3
84-74-2
100-25-
4
534-52-
1
51-28-5
121-14-
2
606-20-
2
117-84-
0
621-64-
7
123-91-
1
122-39-
4
86-30-6
0.025
0.054
0.044
0.044
0.85
0.036
0.036
0.017
0.20
0.010
0.036
0.047
0.057
0.32
0.28
0.12
0.32
0.55
0.017
0.40
12.0
0.92
0.92
6.0
30
14
14
18
18
18
0.13
28
0.66
14
28
28
2.3
160
160
140
28
28
14
170
NA
NA
50
-------
(difficult to distinguish from
diphenylamine)
1 ,2-Diphenylhydrazine
Disulfoton
Endosulfan I
Endosulfan II
Endosulfan sulfate
Endrin
Endrin aldehyde
Ethyl acetate
Ethyl cyanide
(Propanenitrile)
Ethyl benzene
Ethyl ether
bis(2-Ethylhexyl) phthalate
Ethyl methacrylate
Ethylene oxide
Famphur
Fluoranthene
Fluorene
Heptachlor
Heptachlor epoxide
1,2,3,4,6,7,8-
Heptachlorodibenzo- p -
dioxin (1,2,3,4,6,7,8-
HpCDD)
1,2,3,4,6,7,8-
Heptachlorodibenzofuran
(1,2,3,4,6,7,8-HpCDF)
1,2,3,4,7,8,9-
122-66-
7
298-04-
4
939-98-
8
33213-
6-5
1031-
07-8
72-20-8
7421-
93-4
141-78-
6
107-12-
0
100-41-
4
60-29-7
117-81-
7
97-63-2
75-21-8
52-85-7
206-44-
0
86-73-7
76-44-8
1024-
57-3
35822-
46-9
67562-
39-4
55673-
0.087
0.017
0.023
0.029
0.029
0.0028
0.025
0.34
0.24
0.057
0.12
0.28
0.14
0.12
0.017
0.068
0.059
0.0012
0.016
0.000035
0.000035
0.000035
NA
6.2
0.066
0.13
0.13
0.13
0.13
33
360
10
160
28
160
NA
15
3.4
3.4
0.066
0.066
0.0025
0.0025
0.0025
51
-------
Heptachlorodibenzofuran
(1,2,3,4,7,8,9-HpCDF)
Hexachlorobenzene
Hexachlorobutadiene
Hexachlorocyclopentadien
e
HxCDDs (All
Hexachlorodibenzo-p-
dioxins)
HxCDFs (All
Hexachlorodibenzofurans)
Hexachloroethane
Hexachloropropylene
Indeno (1,2,3-c,d) pyrene
Indomethane
Isobutyl alcohol
Isodrin
Isosafrole
Kepone
Methacylonitrile
Methanol
Methapyrilene
Methoxychlor
3-Methylcholanthrene
4,4-Methylene bis(2-
chloroaniline)
Methylene chloride
Methyl ethyl ketone
Methyl isobutyl ketone
Methyl methacrylate
Methyl methanesulfonate
89-7
118-74-
1
87-68-3
77-47-4
NA
NA
67-72-1
1888-
71-7
193-39-
5
74-88-4
78-83-1
465-73-
6
120-58-
1
143-50-
8
126-98-
7
67-56-1
91-80-5
72-43-5
56-49-5
101-14-
4
75-09-2
78-93-3
108-10-
1
80-62-6
66-27-3
0.055
0.055
0.057
0.000063
0.000063
0.055
0.035
0.0055
0.019
5.6
0.021
0.081
0.0011
0.24
5.6
0.081
0.25
0.0055
0.50
0.089
0.28
0.14
0.14
0.018
10
5.6
2.4
0.001
0.001
30
30
3.4
65
170
0.066
2.6
0.13
84
NA
1.5
0.18
15
30
30
36
33
160
NA
52
-------
Methyl parathion
Naphthalene
2-Naphthylamine
p-Nitroaniline
Nitrobenzene
5-Nitro-o-toluidine
p-Nitrophenol
N-Nitrosodiethylamine
N-Nitrosodimethylamine
N-Nitroso-di-n-butylamine
N-Nitrosomethylethylamine
N-Nitrosomorpholine
N-Nitrosopiperidine
N-Nitrosopyrrolidine
1,2,3,4,6,7,8,9-
Octachlorodibenzo- p -
dioxin (OCDD)
1,2,3,4,6,7,8,9-
Octachlorodibenzofuran
(OCDF)
Parathion
Total PCBs (sum of all
PCB isomers, or all
Aroclors)
Pentachloro benzene
PeCDDs (All
Pentachlorodibenzo-p-
dioxins)
PeCDFs (All
Pentachlorodibenzofurans)
Pentachloronitro benzene
Pentachlorophenol
298-00-
0
91-20-3
91-59-8
100-01-
6
98-95-3
99-55-8
100-02-
7
55-1 8-5
62-75-9
924-16-
3
10595-
95-6
59-89-2
100-75-
4
930-55-
2
3268-
87-9
39001-
02-0
56-38-2
1336-
36-3
608-93-
5
NA
NA
82-68-8
87-86-5
0.014
0.059
0.52
0.028
0.068
0.32
0.12
0.40
0.40
0.40
0.40
0.40
0.013
0.013
0.000063
0.000063
0.014
0.10
0.055
0.000063
0.000035
0.055
0.089
4.6
5.6
NA
28
14
28
29
28
NA
17
2.3
2.3
35
35
0.005
0.005
4.6
10
10
0.001
0.001
4.8
7.4
53
-------
Phenacetin
Phenanthrene
Phenol
2,4-Dimethylaniline (2,4-
xylidine)
Phorate
Phthalic anhydride
Pronamide
Pyrene
Pyridine
Safrole
Silvex (2,4,5-TP)
2,4,5-T
1,2,4,5-
Tetrachlorobenzene
TCDDs (All
Tetrachlorodibenzo-p-
dioxins)
TCDFs (All
Tetrachlorodibenzofurans)
1 ,1 ,1 ,2-Tetrachloroethane
1 ,1 ,2,2-Tetrachloroethane
Tetrachloroethylene
2,3,4,6-Tetrachlorophenol
Toluene
Toxaphene
Bromoform
(Tribromomethane)
1 ,2, 4-Trichloro benzene
1,1,1-Trichloroethane
62-44-2
85-01-8
108-95-
2
108-45-
2
298-02-
2
85-44-9
23950-
58-5
129-00-
0
110-86-
1
94-59-7
93-72-1
93-76-5
95-94-3
NA
NA
630-20-
6
79-34-6
127-18-
4
58-90-2
108-88-
3
8001-
35-2
75-25-2
120-82-
1
71-55-6
0.081
0.059
0.039
0.010
0.021
0.055
0.093
0.067
0.014
0.081
0.72
0.72
0.055
0.000063
0.000063
0.057
0.057
0.056
0.030
0.080
0.0095
0.63
0.055
0.054
16
5.6
6.2
0.66
4.6
NA
1.5
8.2
16
22
7.9
7.9
14
0.001
0.001
6.0
6.0
6.0
7.4
10
2.6
15
19
6.0
54
-------
1,1,2-Trichloroethane
Trichloroethylene
Trichlorofluoromethane
2,4,5-Trichlorophenol
2,4,6-Trichlorophenol
1 ,2,3-Trichloropropane
1,1,2-Trichloro-1,2,2-
trifluoroethane
tris(2,3-Dibromopropyl)
phosphate
Vinyl chloride
Xylenes-mixed isomers
(sum of o-, m-, and p-
xylene concentrations)
Antimony
Arsenic
Barium
Beryllium
Cadmium
Chromium (Total)
Cyanides (Total)'
Cyanides (Amenable)'
Fluoride
Lead
Mercury
Nickel
Selenium
Silver
79-00-5
79-01-6
75-69-4
95-95-4
88-06-2
96-1 8-4
76-1 3-1
126-72-
7
75-01-4
1330-
20-7
7440-
36-0
7440-
38-2
7440-
39-3
7440-
41-7
7440-
43-9
7440-
47-3
57-12-5
57-12-5
16984-
48-8
7439-
92-1
7439-
97-6
7440-
02-0
7782-
49-2
7440-
22-4
0.054
0.054
0.020
0.18
0.035
0.85
0.057
0.11
0.27
0.32
1.9
1.4
1.2
0.82
0.69
2.77
1.2
0.86
35
0.69
0.15
3.98
0.82
0.43
6.0
6.0
30
7.4
7.4
30
30
NA
6.0
30
1.15mg/LTCLP
5.0 mg/L TCLP
21 mg/L TCLP
NA
0.11 mg/L TCLP
0.60 mg/L TCLP
590
NA
NA
0.75 mg/L TCLP
0.25 mg/L TCLP
1 1 mg/L TCLP
5.7 mg/L TCLP
0.1 4 mg/L TCLP
55
-------
K001
K002
K003
K004
K005
K006
K007
Bottom sediment sludge
from the treatment of
wastewaters from wood
preserving processes that
use creosote and/or
pentachlorophenol.
Wastewater treatment
sludge from the production
of chrome yellow and
orange pigments.
Wastewater treatment
sludge from the production
of molybdate orange
pigments.
Wastewater treatment
sludge from the production
of zinc yellow pigments.
Wastewater treatment
sludge from the production
of chrome green pigments.
Wastewater treatment
sludge from the production
of chrome oxide green
pigments (anhydrous).
Wastewater treatment
sludge from the production
of chrome oxide green
pigments (hydrated).
Wastewater treatment
sludge from the production
of iron blue pigments.
Sulfide
Thallium
Vanadium
Naphthalene
Pentachlorophenol
Phenanthrene
Pyrene
Toluene
Xylenes-mixed isomers
(sum of o-, m-, and p-
xylene concentrations)
Lead
Chromium (Total)
Lead
Chromium (Total)
Lead
Chromium (Total)
Lead
Chromium (Total)
Lead
Cyanides (Total)7
Chromium (Total)
Lead
Chromium (Total)
Lead
Chromium (Total)
Lead
Cyanides (Total)7
8496-
25-8
7440-
28-0
7440-
62-2
91-20-3
87-86-5
85-01-8
129-00-
0
108-88-
3
1330-
20-7
7439-
92-1
7440-
47-3
7439-
92-1
7440-
47-3
7439-
92-1
7440-
47-3
7439-
92-1
7440-
47-3
7439-
92-1
57-12-5
7440-
47-3
7439-
92-1
7440-
47-3
7439-
92-1
7440-
47-3
7439-
14
1.4
4.3
0.059
0.089
0.059
0.067
0.080
0.32
0.69
2.77
0.69
2.77
0.69
2.77
0.69
2.77
0.69
1.2
2.77
0.69
2.77
0.69
2,77
0.69
1.2
NA
NA
NA
5.6
7.4
5.6
8.2
10
30
0.75 mg/L TCLP
0.60 mg/L TCLP
0.75 mg/L TCLP
0.60 mg/L TCLP
0.75 mg/L TCLP
0.60 mg/L TCLP
0.75 mg/L TCLP
0.60 mg/L TCLP
0.75 mg/L TCLP
590
0.60 mg/L TCLP
0.75 mg/L TCLP
0.60 mg/L TCLP
NA
0.60 mg/L TCLP
0.75 mg/L TCLP
590
56
-------
K008
K009
K010
K011
K013
K014
K015
Oven residue from the
production of chrome
oxide green pigments.
Distillation bottoms from
the production of
acetaldehyde from
ethylene.
Distillation side cuts from
the production of
acetaldehyde from
ethylene.
Bottom stream from the
wastewater stripper in the
production of acrylonitrile.
Bottom stream from the
acetonitrile column in the
production of acrylonitrile.
Bottoms from the
acetonitrile purification
column in the production
of acrylonitrile.
Still bottoms from the
distillation of benzyl
chloride.
Chromium (Total)
Lead
Chloroform
Chloroform
Acetonitrile
Acrylonitrile
Acrylamide
Benzene
Cyanide (Total)
Acetonitrile
Acrylonitrile
Acrylamide
Benzene
Cyanide (Total)
Acetonitrile
Acrylonitrile
Acrylamide
Benzene
Cyanide (Total)
Anthracene
Benzal chloride
Benzo(b)fluoranthene
(difficult to distinguish from
benzo(k)fluoranthene)
Benzo(k)fluoranthene
(difficult to distinguish from
benzo(b)fluoranthene)
Phenanthrene
92-1
57-12-5
7440-
47-3
7439-
92-1
67-66-3
67-66-3
75-05-8
107-13-
1
79-06-1
71-43-2
57-12-5
75-05-8
107-13-
1
79-06-1
71-43-2
57-12-5
75-05-8
107-13-
1
79-06-1
71-43-2
57-12-5
120-12-
7
98-87-3
205-99-
2
207-08-
9
85-01-8
2.77
0.69
0.046
0.046
5.6
0.24
19
0.14
1.2
5.6
0.24
19
0.14
1.2
5.6
0.24
19
0.14
1.2
0.059
0.055
0.11
0.11
0.059
0.60 mg/L TCLP
0.75 mg/L TCLP
6.0
6.0
38
84
23
10
590
38
84
23
10
590
38
84
23
10
590
3.4
6.0
6.8
6.8
5.6
57
-------
K016
K017
K018
K019
Heavy ends or distillation
residues from the
production of carbon
tetrachloride.
Heavy ends (still bottoms)
from the purification
column in the production
of epichlorohydrin.
Heavy ends from the
fractionation column in
ethyl chloride production.
Heavy ends from the
distillation of ethylene
dichloride in ethylene
dichloride production.
Toluene
Chromium (Total)
Nickel
Hexachlorobenzene
Hexachlorobutadiene
Hexachlorocyclopentadien
e
Hexachloroethane
Tetrachloroethylene
bis(2-Chloroethyl)ether
1,2-Dichloropropane
1 ,2,3-Trichloropropane
Chloroethane
Chloromethane
1,1-Dichloroethane
1,2-Dichloroethane
Hexachlorobenzene
Hexachlorobutadiene
Hexachloroethane
Pentachloroethane
1,1,1-Trichloroethane
bis(2-Chloroethyl)ether
Chlorobenzene
Chloroform
p-Dichlorobenzene
1,2-Dichloroethane
Fluorene
Hexachloroethane
108-88-
3
7440-
47-3
7440-
02-0
118-74-
1
87-68-3
77-47-4
67-72-1
127-18-
4
111-44-
4
78-87-5
96-1 8-4
75-00-3
74-87-3
75-34-3
107-06-
2
118-74-
1
87-68-3
67-72-1
76-01-7
71-55-6
111-44-
4
108-90-
7
67-66-3
106-46-
7
107-06-
2
86-73-7
67-72-1
0.080
2.77
3.98
0.055
0.055
0.057
0.055
0.056
0.033
0.85
0.85
0.27
0.19
0.059
0.21
0.055
0.055
0.055
NA
0.054
0.033
0.057
0.046
0.090
0.21
0.059
0.055
10
0.60 mg/L TCLP
1 1 mg/L TCLP
10
5.6
2.4
30
6.0
6.0
18
30
6.0
NA
6.0
6.0
10
5.6
30
6.0
6.0
6.0
6.0
6.0
NA
6.0
NA
30
58
-------
K020
K021
K022
K023
K024
Heavy ends from the
distillation of vinyl chloride
in vinyl chloride monomer
production.
Aqueous spent antimony
catalyst waste from
fluoromethanes
production.
Distillation bottoms tars
from the production of
phenol/acetone from
cumene.
Distillation light ends from
the production of phthalic
anhydride from
naphthalene.
Distillation bottoms from
the production of phthalic
anhydride from
naphthalene.
Nephthalene
Phenanthrene
1,2,4,5-
Tetrachlorobenzene
Tetrachloroethylene
1 ,2, 4-Trichloro benzene
1,1,1-Trichloroethane
1,2-Dichloroethane
1 ,1 ,2,2-Tetrachloroethane
Tetrachloroethylene
Carbon tetrachloride
Chloroform
Antimony
Toluene
Acetophenone
Diphenylamine (difficult to
distinguish from
diphenylnitrosamine)
Diphenylnitrosamine
(difficult to distinguish from
diphenylamine)
Phenol
Chromium (Total)
Nickel
Phthalic anhydride
(measured as Phthalic acid
orTerephthalic acid)
Phthalic anhydride
(measured as Phthalic acid
orTerephthalic acid)
Phthalic anhydride
(measured as Phthalic acid
orTerephthalic acid)
91-20-3
85-01-8
95-94-3
127-18-
4
120-82-
1
71-55-6
107-06-
2
79-34-6
127-18-
4
56-23-5
67-66-3
7440-
36-0
108-88-
3
96-86-2
122-39-
4
86-30-6
108-95-
2
7440-
47-3
7440-
02-0
100-21-
0
85-44-9
100-21-
0
0.059
0.059
0.055
0.056
0.055
0.054
0.21
0.057
0.056
0.057
0.046
1.9
0.080
0.010
0.92
0.92
0.039
2.77
3.98
0.055
0.055
0.055
5.6
5.6
NA
6.0
19
6.0
6.0
6.0
6.0
6.0
6.0
1.15mg/LTCLP
10
9.7
13
13
6.2
0.60 mg/L TCLP
1 1 mg/L TCLP
28
28
28
59
-------
K025
K026
K027
K028
K029
Distillation bottoms from
the production of
nitrobenzene by the
nitration of benzene.
Stripping still tails from the
production of methyl ethyl
pyridines.
Centrifuge and distillation
residues from toluene
diisocyanate production.
Spent catalyst from the
hydrochlorinator reactor in
the production of 1,1,1 -
trichloroethane.
Waste from the product
steam stripper in the
production of 1,1,1-
trichloroethane.
Phthalic anhydride
(measured as Phthalic acid
orTerephthalic acid)
NA
NA
NA
1,1-Dichloroethane
trans-1 ,2-Dichloroethylene
Hexachlorobutadiene
Hexachloroethane
Pentachloroethane
1 ,1 ,1 ,2-Tetrachloroethane
1 ,1 ,2,2-Tetrachloroethane
Tetrachloroethylene
1,1,1-Trichloroethane
1,1,2-Trichloroethane
Cadmium
Chromium (Total)
Lead
Nickel
Chloroform
1,2-Dichloroethane
1,1-Dichloroethylene
1,1,1-Trichloroethane
Vinyl chloride
85-44-9
NA
NA
NA
75-34-3
156-60-
5
87-68-3
67-72-1
76-01-7
630-20-
6
79-34-6
127-18-
4
71-55-6
79-00-5
7440-
43-9
7440-
47-3
7439-
92-1
7440-
02-0
67-66-3
107-06-
2
75-35-4
71-55-6
75-01-4
0.055
LLEXT fb
SSTRP fb
CARBN; or
CMBST
CMBST
CARBN; or
CMBST
0.059
0.054
0.055
0.055
NA
0.057
0.057
0.056
0.054
0.054
0.69
2.77
0.69
3.98
0.046
0.21
0.025
0.054
0.27
28
CMBST
CMBST
CMBST
6.0
30
5.6
30
6.0
6.0
6.0
6.0
6.0
6.0
NA
0.60 mg/L TCLP
0.75 mg/L TCLP
1 1 mg/L TCLP
6.0
6.0
6.0
6.0
6.0
60
-------
K030
K031
K032
K033
K034
K035
Column bodies or heavy
ends from the combined
production of
trichloroethylene and
perch loroethylene.
By-product salts
generated in the
production of MSMA and
cacodylic acid.
Wastewater treatment
sludge from the production
of chlordane.
Wastewater and scrub
water from the clorination
of cyclopentadiene in the
production of chlordane.
Filter solids from the
filtration of
hexachlorocyclopentadien
e in the production of
chlordane.
Wastewater treatment
sludges generated in the
production of cresote.
o-Dichlorobenzene
p-Dichlorobenzene
Hexachlorobutadiene
Hexachloroethane
Hexachloropropylene
Pentachloro benzene
Pentachloroethane
1,2,4,5-
Tetrachlorobenzene
Tetrachloroethylene
1 ,2, 4-Trichloro benzene
Arsenic
Hexachlorocyclopentadien
e
Chlordane (alpha and
gamma isomers)
Heptachlor
Heptachlor epoxide
Hexachlorocyclopentadien
e
Hexachlorocyclopentadien
e
Acenaphthene
Anthracene
Benz(a)anthracene
Bemzo(a)pyrene
95-50-1
106-46-
7
87-68-3
67-72-1
1888-
71-7
608-93-
5
76-01-7
95-94-3
127-18-
4
120-82-
1
7440-
38-2
77-47-4
57-74-9
76-44-8
1024-
57-3
77-47-4
77-47-4
83-32-9
120-12-
7
56-55-3
50-32-8
0.088
0.090
0.055
0.055
NA
NA
NA
0.055
0.056
0.055
1.4
.057
0.0033
0.0012
0.016
0.057
0.057
NA
NA
0.059
0.061
NA
NA
5.6
30
30
10
6.0
14
6.0
19
5.0 mg/L TCLP
2.4
0.26
0.066
0.066
2.4
2.4
3.4
3.4
3.4
3.4
61
-------
K036
K037
K038
K039
K040
K041
K042
Still bottoms from toluene
reclamation distillation in
the production of
disulfoton.
Wastewater treatment
sludges from the
production of disulfoton.
Wastewater from the
washing and stripping of
phorate production.
Filter cake from the
filtration of
diethylphorphorodithioic
acid in the production of
phorate.
Wastewater treatment
sludge from the production
of phorate.
Wastewater treatment
sludge from the production
of toxaphene.
Heavy ends or distillation
residues from the
Chrysene
o-Cresol
m-Cresol (difficult to
distinguish from p-cresol)
p-Cresol (difficult to
distinguish from m-cresol)
Dibenz(a,h)anthracene
Fluoranthene
Fluorene
lndeno(1 ,2,3-cd)pyrene
Naphthalene
Phenanthrene
Phenol
Pyrene
Disulfoton
Disulfoton
Toluene
Phorate
NA
Phorate
Toxaphene
o-Dichlorobenzene
p-Dichlorobenzene
218-01-
9
95-48-7
108-39-
4
106-44-
5
53-70-3
206-44-
0
86-73-7
193-39-
5
91-20-3
85-01-1
108-95-
2
129-00-
0
298-04-
4
298-04-
4
108-88-
3
298-02-
2
NA
298-02-
2
8001-
35-2
95-50-1
106-46-
0.059
0.11
0.77
0.77
NA
0.068
NA
NA
0.059
0.059
0.039
0.067
0.017
0.017
0.080
0.021
CARBN; or
CMBST
0.021
0.0095
0.088
0.090
3.4
5.6
5.6
5.6
8.2
3.4
3.4
3.4
5.6
5.6
6.2
8.2
6.2
6.2
10
4.6
CMBST
4.6
2.6
6.0
6.0
62
-------
K043
K044
K045
K046
distillation of
tetrachlorobenzene in the
production of 2,4,5-T.
2,6-Dichlorophenol waste
from the production of 2,4-
D.
Wastewater treatment
sludges from the
manufacturing and
processing of explosives.
Spent carbon from the
treatment of wastewater
containing explosives.
Wastewater treatment
sludges from the
manufacturing, formulation
Pentachloro benzene
1,2,4,5-
Tetrachlorobenzene
1 ,2, 4-Trichloro benzene
2,4-Dichlorophenol
2,6-Dichlorophenol
2,4,5-Trichlorophenol
2,4,6-Trichlorophenol
2,3,4,6-Tetrachlorophenol
Pentachlorophenol
Tetrachloroethylene
HxCDDs (All
Hexachlorodibenzo-p-
dioxins)
HxCDFs (All
Hexachlorodibenzofurans)
PeCDDs (All
Pentachlorodibenzo-p-
dioxins)
PeCDFs (All
Pentachlorodibenzofurans)
TCDDs (All
Tetrachlorodibenzo-p-
dioxins)
TCDFs (All
Tetrachlorodibenzofurans)
NA
NA
Lead
7
608-93-
5
95-94-3
120-82-
1
120-83-
2
187-65-
0
95-95-4
88-06-2
58-90-2
87-86-5
127-18-
4
NA
NA
NA
NA
NA
NA
NA
NA
7439-
92-1
0.055
0.055
0.055
0.044
0.044
0.18
0.035
0.030
0.089
0.056
0.000063
0.000063
0.000063
0.000035
0.000063
0.000063
DEACT
DEACT
0.69
10
14
19
14
14
7.4
7.4
7.4
7.4
6.0
0.001
0.001
0.001
0.001
0.001
0.001
DEACT
DEACT
0.75 mg/L TCLP
63
-------
K047
K048
K049
and loading of lead-based
initiating compounds.
Pink/red water from TNT
operations.
Dissolved air flotation
(DAF) float from the
petroleum refining
industry.
Slop oil emulsion solids
from the petroleum
refining industry.
NA
Benzene
Benzo(a)pyrene
bis(2-Ethylhexyl)phthalate
Chrysene
Di-n-butyl phthalate
Ethylbenzene
Fluorene
Naphthalene
Phenanthrene
Phenol
Pyrene
Toluene
Xylenes-mixed isomers
(sum of o-, m-, and p-
xylene concentrations)
Chromium (Total)
Chanides (Total)'
Lead
Nickel
Anthracene
Benzene
Benzo(a)pyrene
bis(2-Ethylhexyl)phthalate
Carbon disulfide
NA
71-43-2
50-32-8
117-81-
7
218-01-
9
84-74-2
100-41-
4
86-73-7
91-20-3
85-01-8
108-95-
2
129-00-
0
108-88-
33
1330-
20-7
7440-
47-3
57-12-5
7439-
92-1
7440-
02-0
120-12-
7
71-43-2
50-32-8
117-81-
7
75-1 5-0
DEACT
0.14
0.061
0.28
0.059
0.057
0.057
0.059
0.059
0.059
0.039
0.067
0.080
0.32
2.77
1.2
0.69
NA
0.059
0.14
0.061
0.28
3.8
DEACT
10
3.4
28
3.4
28
10
NA
5.6
5.6
6.2
8.2
10
30
0.60 mg/L TCLP
590
NA
1 1 mg/L TCLP
3.4
10
3.4
28
NA
64
-------
K050
K051
Heat exchanger bundle
cleaning sludge from the
petroleum refining
industry.
API separator sludge from
the petroleum refining
industry.
Chrysene
2,4-Dimethylphenol
Ethylbenzene
Naphthalene
Phenanthrene
Phenol
Pyrene
Toluene
Xylenes-mixed isomers
(sum of o-, m-, and p-
xylene concentrations)
Cyanides (Total)'
Chromium (Total)
Lead
Nickel
Benzo(a)pyrene
Phenol
Cyanides (Total)'
Chromium (Total)
Lead
Nickel
Acenaphthene
Anthracene
Benz(a)anthracene
Benzene
Benzo(a)pyrene
218-01-
9
105-67-
9
100-41-
4
91-20-3
85-01-8
108-95-
2
129-00-
0
108-88-
3
1330-
20-7
57-12-5
7440-
47-3
7439-
92-1
7440-
02-0
50-32-8
108-95-
2
57-12-5
7440-
47-3
7439-
92-1
7440-
02-0
83-32-9
120-12-
7
56-55-3
71-43-2
50-32-8
0.059
0.036
0.057
0.059
0.059
0.039
0.067
0.080
0.32
1.2
2.77
0.69
NA
0.061
0.039
1.2
2.77
0.69
NA
0.059
0.059
0.059
0.14
0.061
3.4
NA
10
5.6
5.6
6.2
8.2
10
30
590
0.60 mg/L TCLP
NA
1 1 mg/L TCLP
3.4
6.2
590
0.60 mg/L TCLP
NA
1 1 mg/L TCLP
NA
3.4
3.4
10
3.4
65
-------
K052
Tank bottoms (leaded)
from the petroleum
refining industry.
bis(2-Ethylhexyl)phthalate
Chrysene
Di-n-butyl phthalate
Ethylbenzene
Fluorene
Naphthalene
Phenanthrene
Phenol
Pyrene
Toluene
Xylenes-mixed isomers
(sum of o-, m-, and p-
xylene concentrations)
Cyanides (Total)'
Chromium (Total)
Lead
Nickel
Benzene
Benzo(a)pyrene
o-Cresol
m-Cresol (difficult to
distinguish from p-cresol)
p-Cresol (difficult to
distinguish from m-cresol)
2,4-Dimethylphenol
Ethylbenzene
Naphthalene
Phenanthrene
117-81-
7
218-01-
9
105-67-
9
100-41-
4
86-73-7
91-20-3
85-01-8
108-95-
2
129-00-
0
108-88-
3
1330-
20-7
57-12-5
7440-
47-3
7439-
92-1
7440-
02-0
71-43-2
50-32-8
95-48-7
108-39-
4
106-44-
5
105-67-
9
100-41-
4
91-20-3
85-01-8
0.28
0.059
0.057
0.057
0.059
0.059
0.059
0.039
0.067
0.08
0.32
1.2
2.77
0.69
NA
0.14
0.061
0.11
0.77
0.77
0.036
0.057
0.059
0.059
28
3.4
28
10
NA
5.6
5.6
6.2
8.2
10
30
590
0.60 mg/L TCLP
NA
1 1 mg/L TCLP
10
3.4
5.6
5.6
5.6
NA
10
5.6
5.6
66
-------
K060
K061
Ammonia still lime sludge
from coking operations.
Emission control
dust/sludge from the
primary production of steel
in electric furnaces.
Phenol
Toluene
Xylenes-mixed isomers
(sum of o-, m-, and p-
xylene concentrations)
Chromium (Total)
Cyanides (Total)'
Lead
Nickel
Benzene
Benzo(a)pyrene
Naphthalene
Phenol
Cyanides (Total)'
Antimony
Arsenic
Barium
Beryllium
Cadmium
Chromium (Total)
Lead
Mercury
Nickel
Selenium
108-95-
2
108-88-
3
1330-
20-7
7440-
47-3
57-12-5
7439-
92-1
7440-
02-0
71-43-2
50-32-8
91-20-3
108-95-
2
57-12-5
7440-
36-0
7440-
38-2
7440-
39-3
7440-
41-7
7440-
43-9
7440-
47-3
7439-
92-1
7439-
97-6
7440-
02-0
7782-
49-2
0.039
0.08
0.32
2.77
1.2
0.69
NA
0.14
0.061
0.059
0.039
1.2
NA
NA
NA
NA
0.69
2.77
0.69
NA
3.98
NA
6.2
10
30
0.60 mg/L TCLP
590
NA
1 1 mg/L TCLP
10
3.4
5.6
6.2
590
1.1 5 mg/L TCLP
5.0 mg/L TCLP
21 mg/L TCLP
1 .22 mg/L TCLP
0.11 mg/L TCLP
0.60 mg/L TCLP
0.75 mg/L TCLP
0.025 mg/L TCLP
1 1 mg/L TCLP
5.7 mg/L TCLP
67
-------
K062
K069
K071
K073
Spent pickle liquor
generated by steel
finishing operations of
facilities within the iron
and steel industry (SIC
Codes 331 and 332).
Emission control
dust/sludge from
secondary lead smelting —
Calcium Sulfate (Low
Lead) Subcategory
Emission control
dust/sludge from
secondary lead smelting —
Non-Calcium Sulfate (High
Lead) Subcategory
K071 (Brine purification
muds from the mercury
cell process in chlorine
production, where
separately prepurified
brine is not used)
nonwastewaters that are
residues from RMERC.
K071 (Brine purification
muds from the mercury
cell process in chlorine
production, where
separately prepurified
brine is not used.)
nonwastewaters that are
not residues from
RMERC.
All K071 wastewaters.
Chlorinated hydrocarbon
waste from the purification
step of the diaphragm cell
process using graphite
anodes in chlorine
production.
Silver
Thallium
Zinc
Chromium (Total)
Lead
Nickel
Cadmium
Lead
NA
Mercury
Mercury
Mercury
Carbon tetrachloride
Chloroform
Hexachloroethane
Tetrachloroethylene
7440-
22-4
7440-
28-0
7440-
66-6
7440-
47-3
7439-
92-1
7440-
02-0
7440-
43-9
7439-
92-1
NA
7439-
97-6
7439-
97-6
7439-
97-6
56-23-5
67-66-3
67-72-1
127-18-
4
NA
NA
NA
2.77
0.69
3.98
0.69
0.69
NA
NA
NA
0.15
0.057
0.046
0.055
0.056
0.14mg/LTCLP
0.20 mg/L TCLP
4.3 mg/L TCLP
0.60 mg/L TCLP
0.75 mg/L TCLP
NA
0.11 mg/L TCLP
0.75 mg/L TCLP
RLEAD
0.20 mg/L TCLP
0.025 mg/L TCLP
NA
6.0
6.0
30
6.0
68
-------
K083
K084
K085
Distillation bottoms from
aniline production.
Wastewater treatment
sludges generated during
the production of
veterinary
Pharmaceuticals from
arsenic or organo-arsenic
compounds.
Distillation or fractionation
column bottoms from the
production of
chloro benzenes.
1,1,1-Trichloroethane
Aniline
Benzene
Cyclohexanone
Diphenylamine (difficult to
distinguish from
diphenylnitrosamine
Diphenylnitrosamine
(difficult to distinguish from
diphenylamine)
Nitrobenzene
Phenol
Nickel
Arsenic
Benzene
Chlorobenzene
m-Dichlorobenzene
o-Dichlorobenzene
p-Dichlorobenzene
Hexachlorobenzene
Total PCBs (sum of all
PCB isomers, or all
Aroclors)
Pentachloro benzene
1,2,4,5-
Tetrachlorobenzene
1 ,2, 4-Trichloro benzene
71-55-6
62-53-3
71-43-2
108-94-
1
122-39-
4
86-30-6
98-95-3
108-95-
2
7440-
02-0
7440-
38-2
71-43-2
108-90-
7
541-73-
1
95-50-1
106-46-
7
118-74-
1
1336-
36-3
608-93-
5
95-94-3
120-82-
1
0.054
0.81
0.14
0.36
0.92
0.92
0.068
0.039
3.98
1.4
0.14
0.057
0.036
0.088
0.090
0.055
0.10
0.055
0.055
0.055
6.0
14
10
NA
13
13
14
6.2
1 1 mg/L TCLP
5.0 mg/L TCLP
10
6.0
6.0
6.0
6.0
10
10
10
14
19
69
-------
K086
Solvent wastes and
sludges, caustic washes
and sludges, or water
washes and sludges from
cleaning tubs and
equipment used in the
formulation of ink from
pigments, driers, soaps,
and stabilizers containing
chromium and lead.
Acetone
Acetophenone
bis(2-Ethylhexyl) phthalate
n-Butyl alcohol
Butylbenzyl phthalate
Cyclohexanone
o-Dichlorobenzene
Diethyl phthalate
Dimethyl phthalate
Di-n-butyl phthalate
Di-n-octyl phthalate
Ethyl acetate
Ethylbenzene
Methanol
Methyl ethyl ketone
Methyl isobutyl ketone
Methylene chloride
Naphthalene
Nitrobenzene
Toluene
1,1,1-Trichloroethane
Trichloroethylene
Xylenes-mixed isomers
(sum of o-, m-, and p-
xylene concentrations)
Chromium (Total)
Cyanides (Total)'
67-64-1
96-86-2
117-81-
7
71-36-3
85-68-7
108-94-
1
95-50-1
84-66-2
131-11-
3
84-74-2
117-84-
0
141-78-
6
100-41-
4
67-56-1
78-93-3
108-10-
1
75-09-2
91-20-3
98-95-3
108-88-
3
71-55-6
79-01-6
1330-
20-7
7440-
47-3
57-12-5
0.28
0.010
0.28
5.6
0.017
0.36
0.088
0.20
0.047
0.057
0.017
0.34
0.057
5.6
0.28
0.14
0.089
0.059
0.068
0.080
0.054
0.054
0.32
2.77
1.2
160
9.7
28
2.6
28
NA
6.0
28
28
28
28
33
10
NA
36
33
30
5.6
14
10
6.0
6.0
30
0.60 mg/L TCLP
590
70
-------
K087
K088
Decanter tank tar sludge
from coking operations.
Spent potliners from
primary aluminum
reduction.
Lead
Acenaphthylene
Benzene
Chrysene
Fluoranthene
lndeno(1 ,2,3-cd)pyrene
Naphthalene
Phenanthrene
Toluene
Xylenes-mixed isomers
(sum of o, m-, and p-
xylene concentrations)
Lead
Acenaphthene
Anthracene
Benz(a)anthracene
Benzo(a)pyrene
Benzo(b)fluoranthene
Benzo(k)fluoranthene
Benzo(g,h,i)perylene
Chrysene
Dibenz(a,h)anthracene
Fluoranthene
lndeno(1 ,2,3,-cd)pyrene
Phenanthrene
7439-
92-1
208-96-
8
71-43-2
218-01-
9
206-44-
0
193-39-
5
91-20-3
85-01-8
108-88-
3
1330-
20-7
7439-
92-1
83-32-9
120-12-
7
56-55-3
50-32-8
205-99-
2
207-08-
9
191-24-
2
218-01-
9
53-70-3
206-44-
0
193-39-
5
85-01-8
0.69
0.059
0.14
0.059
0.068
0.0055
0.059
0.059
0.080
0.32
0.69
0.059
0.059
0.059
0.061
0.11
0.11
0.0055
0.059
0.055
0.068
0.0055
0.059
0.75 mg/L TCLP
3.4
10
3.4
3.4
3.4
5.6
5.6
10
30
0.75 mg/L TCLP
3.4
3.4
3.4
3.4
6.8
6.8
1.8
3.4
8.2
3.4
3.4
5.6
71
-------
K093
K094
K095
Distillation light ends from
the production of phthalic
anhydride from ortho-
xylene
Distillation bottoms from
the production of phthalic
anhydride from ortho-
xylene.
Distillation bottoms from
Pyrene
Antimony
Arsenic
Barium
Beryllium
Cadmium
Chromium (Total)
Lead
Mercury
Nickel
Selenium
Silver
Cyanide (Total)'
Cyanide (Amenable)'
Fluoride
Phthalic anhydride
(measured as Phthalic acid
orTerephthalic acid)
Phthalic anhydride
(measured as Phthalic acid
orTerephthalic acid)
Phthalic anhydride
(measured as Phthalic acid
orTerephthalic acid)
Phthalic anhydride
(measured as Phthalic acid
orTerephthalic acid)
Hexachloroethane
129-00-
0
7440-
36-0
7440-
38-2
7440-
39-3
7440-
41-7
7440-
43-9
7440-
47-3
7439-
92-1
7439-
97-6
7440-
02-0
7782-
49-2
7440-
22-4
57-12-5
57-12-5
16984-
48-8
100-21-
0
85-44-9
100-21-
0
85-44-9
67-72-1
0.067
1.9
1.4
1.2
0.82
0.69
2.77
0.69
0.15
3.98
0.82
0.43
1.2
0.86
35
0.055
0.055
0.055
0.055
0.055
8.2
1.15mg/LTCLP
26.1
21 mg/L TCLP
1 .22 mg/L TCLP
0.11 mg/L TCLP
0.60 mg/L TCLP
0.75 mg/L TCLP
0.025 mg/L TCLP
1 1 mg/L TCLP
5.7 mg/L TCLP
0.1 4 mg/L TCLP
590
30
NA
28
28
28
28
30
72
-------
K096
K097
K098
K099
the production of 1,1,1 -
trichloroethane.
Heavy ends from the
heavy ends column from
the production of 1,1,1 -
trichloroethane.
Vacuum stripper discharge
from the chlordane
clorinator in the production
of chlordane.
Untreated process
wastewater from the
production of toxaphene.
Untreated wastewater
from the production of 2,4-
D.
Pentachloroethane
1 ,1 ,1 ,2-Tetrachloroethane
1 ,1 ,2,2-Tetrachloroethane
Tetrachloroethylene
1,1,2-Trichloroethane
Trichloroethylene
m-Dichlorobenzene
Pentachloroethane
1 ,1 ,1 ,2-Tetrachloroethane
1 ,1 ,2,2-Tetrachloroethane
Tetrachloroethylene
1 ,2, 4-Trichloro benzene
1,1,2-Trichloroethane
Trichloroethylene
Chlordane (alpha and
gamma isomers)
Heptachlor
Heptachlor epoxide
Hexachlorocyclopentadien
e
Toxaphene
2,4-Dichlorophenoxyacetic
acid
HxCDDs (All
Hexachlorodibenzo-p-
dioxins)
HxCDFs (All
Hexachlorodibenzofurans)
PeCDDs (All
76-01-7
630-20-
6
79-34-6
127-18-
4
79-00-5
79-01-1
541-73-
1
76-01-1
630-20-
6
79-34-6
127-18-
4
120-82-
1
79-00-5
79-01-6
57-74-9
76-44-8
1024-
57-3
77-47-4
8001-
35-2
94-75-7
NA
NA
NA
0.055
0.057
0.057
0.056
0.054
0.054
0.036
0.055
0.057
0.057
0.056
0.055
0.054
0.054
0.0033
0.0012
0.016
0.057
0.0095
0.72
0.000063
0.000063
0.000063
6.0
6.0
6.0
6.0
6.0
6.0
6.0
6.0
6.0
6.0
6.0
19
6.0
6.0
0.26
0.066
0.066
2.4
2.6
10
0.001
0.001
0.001
73
-------
K100
K101
K102
K103
Waste leaching solution
from acid leaching of
emission control
dust/sludge from
secondary lead smelting.
Distillation tar residues
from the distillation of
aniline-based compounds
in the production of
veterinary
Pharmaceuticals from
arsenic or organo-arsenic
compounds.
Residue from the use of
activated carbon for
decolorization in the
production of veterinary
Pharmaceuticals from
arsenic or organo-arsenic
compounds.
Process residues from
aniline extraction from the
production of aniline.
Pentachlorodibenzo-p-
dioxins)
PeCDFs (All
Pentachlorodibenzofurans)
TCDDs (All
Tetrachlorodibenzo-p-
dioxins)
TCDFs (All
Tetrachlorodibenzofurans)
Cadmium
Chromium (Total)
Lead
o-Nitroaniline
Arsenic
Cadmium
Lead
Mercury
o-Nitrophenol
Arsenic
Cadmium
Lead
Mercury
Aniline
Benzene
2,4-Dinitrophenol
Nitrobenzene
Phenol
NA
NA
NA
7440-
43-9
7440-
47-3
7439-
92-1
88-74-4
7440-
38-2
7440-
43-9
7439-
92-1
7439-
97-6
88-75-5
7440-
38-2
7440-
43-9
7439-
92-1
7439-
97-6
62-53-3
71-43-2
51-28-5
98-95-3
108-95-
2
0.000035
0.000063
0.000063
0.69
2.77
0.69
0.27
1.4
0.69
0.69
0.15
0.028
1.4
0.69
0.69
0.15
0.81
0.14
0.12
0.068
0.039
0.001
0.001
0.001
0.11 mg/LTCLP
0.60 mg/L TCLP
0.75 mg/L TCLP
14
5.0 mg/L TCLP
NA
NA
NA
13
5.0 mg/L TCLP
NA
NA
NA
14
10
160
14
6.2
74
-------
K104
K105
K106
Combined wastewater
streams generated from
nitrobenzene/aniline
production.
Separated aqueous
stream from the reactor
product washing step in
the production of
chloro benzenes.
K1 06 (wastewater
treatment sludge from the
mercury cell process in
chlorine production)
nonwastewaters that
contain greater than or
equal to 260 mg/kg total
mercury.
K1 06 (wastewater
treatment sludge from the
mercury cell process in
chlorine production)
nonwastewaters that
contain less than 260
mg/kg total mercury that
are residues from
RMERC.
Other K1 06
nonwastewaters that
contain less than 260
mg/kg total mercury and
are not residues from
RMERC.
Aniline
Benzene
2,4-Dinitrophenol
Nitrobenzene
Phenol
Cyanides (Total)'
Benzene
Chlorobenzene
2-Chlorophenol
o-Dichlorobenzene
p-Dichlorobenzene
Phenol
2,4,5-Trichlorophenol
2,4,6-Trichlorophenol
Mercury
Mercury
Mercury
62-53-3
71-43-2
51-28-5
98-95-3
108-95-
2
57-12-5
71-43-2
108-90-
7
95-57-8
95-50-1
106-46-
7
108-95-
2
95-95-4
88-06-2
7439-
97-6
7439-
97-6
7439-
97-6
0.81
0.14
0.12
0.068
0.039
1.2
0.14
0.057
0.044
0.088
0.090
0.039
0.18
0.035
NA
NA
NA
14
10
160
14
6.2
590
10
6.0
5.7
6.0
6.0
6.2
7.4
7.4
RMERC
0.20 mg/L TCLP
0.025 mg/L TCLP
75
-------
K107
K108
K109
K110
K111
K112
K113
K114
All K106 wastewaters.
Column bottoms from
production separation from
the production of 1,1-
dimethylhydrazine
(UDMH) from carboxylic
acid hydrazides.
Condensed column
overheads from product
separation and condensed
reactor vent gases from
the production of 1,1-
dimethylhydrazine
(UDMH) from carboxylic
acid hydrazides.
Spent filter cartridges from
product purification from
the production of 1,1-
dimethylhydrazine
(UDMH) from carboxylic
acid hydrazides.
Condensed column
overheads from
intermediate separation
from the production of 1 ,1-
dimethylhydrazine
(UDMH) from carboxylic
acid hydrazides.
Product washwaters from
the production of
dinitrotoluene via nitration
of toluene.
Reaction by-product water
from the drying column in
the production of
toluenediamine via
hydrogenation of
dinitrotoluene.
Condensed liquid light
ends from the purification
of toluenediamine in the
production of
toluenediamine via
hydrogenation of
dinitrotoluene.
Vicinals from the
purification of
toluenediamine in the
production of
Mercury
NA
NA
NA
NA
2,4-Dinitrotoluene
2,6-Dinitrotoluene
NA
NA
NA
7439-
97-6
NA
NA
NA
NA
121-14-
2
606-20-
2
NA
NA
NA
0.15
CMBST; or
CHOXD fb
CARBN; or
BIODG fb
CARBN
CMBST; or
CHOXD fb
CARBN; or
BIODG fb
CARBN
CMBST; or
CHOXD fb
CARBN; or
BIODG fb
CARBN
CMBST; or
CHOXD fb
CARBN; or
BIODG fb
CARBN
0.32
0.55
CMBST; or
CHOXD fb
CARBN; or
BIODG fb
CARBN
CARBN; or
CMBST
CARBN; or
CMBST
NA
CMBST
CMBST
CMBST
CMBST
140
28
CMBST
CMBST
CMBST
76
-------
K115
K116
K117
K118
K123
K124
K125
K126
toluenediamine via
hydrogenation of
dinitrotoluene.
Heavy ends from the
purification of
toluenediamine in the
production of
toluenediamine via
hydrogenation of
dinitrotoluene.
Organic condensate from
the solvent recovery
column in the production
of toluene diisocyanate via
phosgenation of
toluenediamine.
Wastewater from the
reactor vent gas scrubber
in the production of
ethylene dibromide via
bromination of ethene.
Spent absorbent solids
from purification of
ethylene dibromide in the
production of ethylene
dibromide via bromination
of ethene.
Process wastewater
(including supernates,
filtrates, and washwaters)
from the production of
ethylenebisdithiocarbamic
acid and its salts.
Reactor vent scrubber
water from the production
of
ethylenebisdithiocarbamic
acid and its salts.
Filtration, evaporation, and
centrifugation solids from
the production of
ethylenebisdithiocarbamic
acid and its salts.
Baghouse dust and floor
sweepings in milling and
Nickel
NA
NA
Methyl bromide
(Bromomethane)
Chloroform
Ethylene dibromide (1 ,2-
Dibromoethane)
Methyl bromide
(Bromomethane)
Chloroform
Ethylene dibromide (1 ,2,-
Dibromoethane)
NA
NA
NA
NA
7440-
02-2
NA
NA
74-83-9
67-66-3
106-93-
4
74-83-9
67-66-3
106-93-
4
NA
NA
NA
NA
3.98
CARBN; or
CMBST
CARBN; or
CMBST
0.11
0.046
0.028
0.11
0.046
0.028
CMBST; or
CHOXD fb
(BIODG or
CARBN)
CMBST; or
CHOXD fb
(BIODG or
CARBN)
CMBST; or
CHOXD fb
(BIODG or
CARBN)
CMBST; or
CHOXD fb
1 1 mg/L TCLP
CMBST
CMBST
15
6.0
15
15
6.0
15
CMBST
CMBST
CMBST
CMBST
77
-------
K131
K132
K136
K141
K142
packaging operations from
the production or
formulation of
ethylenebisdithiocarbamic
acid and its salts.
Wastewater from the
reactor and spent sulfuric
acid from the acid dryer
from the production of
methyl bromide.
Spent absorbent and
wastewater separator
solids from the production
of methyl bromide.
Still bottoms from the
purification of ethylene
dibromide in the
production of ethylene
dibromide via bromination
of ethene.
Process residues from the
recovery of coal tar,
including, but not limited
to, collecting sump
residues from the
production of coke or the
recovery of coke by-
products produced from
coal. This listing does not
include K087 (decanter
tank tar sludge from
coking operations).
Tar storage tank residues
from the production of
coke from coal or from the
recovery of coke by-
products produced from
coal.
Methyl bromide
(Bromomethane)
Methyl bromide
(Bromomethane)
Methyl bromide
(Bromomethane)
Chloroform
Ethylene dibromide (1 ,2-
Dibromoethane)
Benzene
Benz(a)anthracene
Benzo(a)pyrene
Benzo(b)fluoranthene
(difficult to distinguish from
benzo(k)fluoranthene)
Benzo(k)fluoranthene
(difficult to distinguish from
benzo(b)fluoranthene)
Chrysene
Dibenz(a,h)anthracene
lndeno(1 ,2,3-cd)pyrene
Benzene
Benz(a)anthracene
74-83-9
74-83-9
74-83-9
67-66-3
106-93-
4
71-43-2
56-55-3
50-2-8
205-99-
2
207-08-
9
218-01-
9
53-70-3
193-39-
5
71-43-2
56-55-3
(BIODG or
CARBN)
0.11
0.11
0.11
0.46
0.028
0.14
0.059
0.061
0.11
0.11
0.059
0.055
0.0055
0.14
0.059
15
15
15
6.0
15
10
3.4
3.4
6.8
6.8
3.4
8.2
3.4
10
3.4
78
-------
K143
K144
Process residues from the
recovery of light oil,
including, but not limited
to, those generated in
stills, decanters, and wash
oil recovery units from the
recovery of coke by-
products produced from
coal.
Wastewater sump
residues from light oil
refining, including, but not
limited to, intercepting or
contamination sump
sludges from the recovery
of coke by-products
produced from coal.
Benzo(a)pyrene
Benzo(b)fluoranthene
(difficult to distinguish from
benzo(k)fluoranthene)
Benzo(k)fluoranthene
(difficult to distinguish from
benzo(b)fluoranthene)
Chrysene
Dibenz(a,h)anthracene
lndeno(1 ,2,3-cd)pyrene
Benzene
Benz(a)anthracene
Benzo(a)pyrene
Benzo(b)fluoranthene
(difficult to distinguish from
benzo(k)fluoranthene)
Benzo(k)flouranthene
(difficult to distinguish from
benzo(b)fluoranthene
Chrysene
Benzene
Benz(a)pyrene
Benzo(a)anthracene
Benzo(b)fluoranthene
(difficult to distinguish from
benzo(k)fluoranthene)
Benzo(k)fluoranthene
(difficult to distinguish from
benzo(b)fluoranthene)
Chrysene
Dibenz(a,h)anthracene
50-32-8
205-99-
2
207-08-
9
218-01-
9
53-70-3
193-39-
5
71-43-2
56-55-3
50-32-8
205-99-
2
207-08-
9
218-01-
9
71-43-2
56-55-3
50-32-8
205-99-
2
207-08-
9
218-01-
9
53-70-3
0.061
0.11
0.11
0.059
0.055
0.0055
0.14
0.059
0.061
0.11
0.11
0.059
0.14
0.059
0.061
0.11
0.11
0.059
0.055
3.4
6.8
6.8
3.4
8.2
3.4
10
3.4
3.4
6.8
6.8
3.4
10
3.4
3.4
6.8
6.8
3.4
8.2
79
-------
K145
K147
K148
K149
Residues from
naphthalene collection and
recovery operations from
the recovery of coke by-
products produced from
coal.
Tar storage tank residues
from coal tar refining.
Residues from coal tar
distillation, including, but
not limited to, still bottoms.
Distillation bottoms from
the production of alpha-
(or methyl-) chlorinated
Benzene
Benz(a)anthracene
Benzo(a)pyrene
Chrysene
Dibenz(a,h)anthracene
Naphthalene
Benzene
Benz(a)anthracene
Benzo(a)pyrene
Benzo(b)fluoranthene
(difficult to distinguish from
benzo(k)fluoranthene)
Benzo(k)fluoranthene
(difficult to distinguish from
benzo(b)fluoranthene)
Chrysene
Dibenz(a,h)anthracene
lndeno(1 ,2,3-cd)pyrene
Benz(a)anthracene
Benzo(a)pyrene
Benzo(b)fluoranthene
(difficult to distinguish from
benzo(k)fluoranthene)
Benzo(k)fluoranthene
(difficult to distinguish from
benzo(b)fluoranthene)
Chrysene
Dibenz(a,h)anthracene
lndeno(1 ,2,3-cd)pyrene
Chlorobenzene
Chloroform
Chloromethane
71-43-2
56-55-3
50-32-8
218-01-
9
53-70-3
91-20-3
71-43-2
56-55-3
50-32-8
205-99-
2
207-08-
9
218-01-
9
53-70-3
193-39-
5
56-55-3
50-32-8
205-99-
2
207-08-
9
218-01-
9
53-70-3
193-39-
5
108-90-
7
67-66-3
0.14
0.059
0.061
0.059
0.055
0.059
0.14
0.059
0.061
0.11
0.11
0.059
0.055
0.0055
0.059
0.061
0.11
0.11
0.059
0.055
0.0055
0.057
0.046
0.19
10
3.4
3.4
3.4
8.2
5.6
10
3.4
3.4
6.8
6.8
3.4
8.2
3.4
3.4
3.4
6.8
6.8
3.4
8.2
3.4
6.0
6.0
30
80
-------
K150
K151
toluenes, ring-chlorinated
toluenes, benzoyl
chlorides, and compounds
with mixtures of these
functional groups. (This
waste does not include still
bottoms from the
distillations of benzyl
chloride.)
Organic residuals,
excluding spent carbon
adsorbent, from the spent
chlorine gas and
hydrochloric acid recovery
processes associated with
the production of alpha-
(or methyl-) chlorinated
toluenes, ring-chlorinated
toluenes, benzoyl
chlorides, and compounds
with mixtures of these
functional groups.
Wastewater treatment
sludges, excluding
neutralization and
biological sludges,
generated during the
treatment of wastewaters
from the production of
alpha- or (methyl-)
chlorinated toluenes, ring-
chlorinated toluenes,
benzoyl chlorides, and
compounds with mixtures
p-Dichlorobenzene
Hexachlorobenzene
Pentachloro benzene
1,2,4,5-
Tetrachlorobenzene
Toluene
Carbon tetrachloride
Chloroform
Chloromethane
p-Dichlorobenzene
Hexachlorobenzene
Pentachloro benzene
1,2,4,5-
Tetrachlorobenzene
1 ,1 ,2,2-Tetrachloroethane
Tetrachloroethylene
1 ,2, 4-Trichloro benzene
Benzene
Carbon tetrachloride
Chloroform
Hexachlorobenzene
Pentachloro benzene
74-87-3
106-46-
7
118-74-
1
608-93-
5
95-94-3
108-88-
3
56-23-5
67-66-3
74-87-3
106-46-
7
118-74-
1
608-93-
5
95-94-3
79-34-5
127-18-
4
120-82-
1
71-43-2
56-23-5
67-66-3
118-74-
1
608-93-
5
0.090
0.055
0.055
0.055
0.080
0.057
0.046
0.019
0.090
0.055
0.055
0.055
0.057
0.056
0.055
0.14
0.057
0.046
0.055
0.055
6.0
10
10
14
10
6.0
6.0
30
6.0
10
10
14
6.0
6.0
19
10
6.0
6.0
10
10
81
-------
K156
of these functional groups.
Organic waste (including
heavy ends, still bottoms,
light ends, spent solvents,
filtrates, and decantates)
from the production of
carbamates and
carbamoyl oximes
1,2,4,5-
Tetrachlorobenzene
Tetrachloroethylene
Toluene
Acetonitrile
Acetophenone
Aniline
Benomyl10
Benzene
Carbaryl10
Carbenzadim10
Carbofuran10
Carbosulfan10
Chlorobenzene
Chloroform
95-94-3
127-18-
4
108-88-
3
75-05-8
98-86-2
62-53-3
17804-
35-2
71-43-2
63-25-2
10605-
21-7
1563-
66-2
55285-
14-8
108-90-
7
67-66-3
0.055
0.056
0.080
5.6
0.010
0.81
0.056; or
CMBST,
CHOXD,
BIODG or
CARBN
0.14
0.006; or
CMBST,
CHOXD,
BIODG or
CARBN
0.056; or
CMBST,
CHOXD,
BIODG or
CARBN
0.006; or
CMBST,
CHOXD,
BIODG or
CARBN
0.028; or
CMBST,
CHOXD,
BIODG or
CARBN
0.057
0.046
14
6.0
10
1.8
9.7
14
1.4; or CMBST
10
0.14; or CMBST
1.4; or CMBST
0.14; or CMBST
1.4; or CMBST
6.0
6.0
82
-------
K157
Wastewaters (including
scrubber waters,
condenser waters,
washwaters, and
separation waters) from
the production of
carbamates and
carbamoyl oximes
o-Dichlorobenzene
Methomyl10
Methylene chloride
Methyl ethyl ketone
Naphthalene
Phenol
Pyridine
Toluene
Triethylamine
Carbon tetrachloride
Chloroform
Chloromethane
Methomyl10
Methylene chloride
Methylethyl ketone
Pyridine
Triethylamine
95-50-1
16752-
77-5
75-09-2
78-93-3
91-20-3
108-95-
2
110-86-
1
108-88-
3
121-44-
8
56-23-5
67-66-3
74-87-3
16752-
77-5
75-09-2
78-93-3
110-86-
1
121-44-
8
0.088
0.028; or
CMBST,
CHOXD,
BIODG or
CARBN
0.089
0.28
0.059
0.039
0.014
0.080
0.081; or
CMBST,
CHOXD,
BIODG or
CARBN
0.057
0.046
0.19
0.028; or
CMBST,
CHOXD,
BIODG or
CARBN
0.089
0.28
0.014
0.081 or
CMBST,
CHOXD,
BIODG or
CARBN
6.0
0.14; or CMBST
30
36
5.6
6.2
16
10
1.5; or CMBST
6.0
6.0
30
0.14; or CMBST
30
36
16
1.5; or CMBST
83
-------
K158
K159
Bag house dusts and
filter/separation solids
from the production of
carbamates and
carbamoyl oximes
Organics from the
treatment of
thiocarbamate wastes
Benzene
Carbenzadim10
Carbofuran10
Carbosulfan10
Chloroform
Methylene chloride
Phenol
Benzene
Butylate10
EPIC (Eptam)10
Molinate10
Pebulate10
71-43-2
10605-
21-7
1563-
66-2
55285-
14-8
67-66-3
75-09-2
108-95-
2
71-43-2
2008-
41-5
759-94-
4
2212-
67-1
1114-
71-2
0.14
0.056; or
CMBST,
CHOXD,
BIODG or
CARBN
0.006; or
CMBST,
CHOXD,
BIODG or
CARBN
0.028; or
CMBST,
CHOXD,
BIODG or
CARBN
0.046
0.089
0.039
0.14
0.042; or
CMBST,
CHOXD,
BIODG or
CARBN
0.042; or
CMBST,
CHOXD,
BIODG or
CARBN
0.042; or
CMBST,
CHOXD,
BIODG or
CARBN
0.042; or
CMBST,
CHOXD,
BIODG or
CARBN
10
1.4; or CMBST
0.14; or CMBST
1.4; or CMBST
6.0
30
6.2
10
1.4; or CMBST
1.4; or CMBST
1.4; or CMBST
1.4; or CMBST
84
-------
K161
K169
Purification solids
(including filtration,
evaporation, and
centrifugation solids),
baghouse dust and floor
sweepings from the
production of
dithiocarbamate acids and
their salts
Crude oil tank sediment
from petroleum refining
operations.
Vernolate10
Antimony
Arsenic
Carbon disulfide
Dithiocarbamates (total)10
Lead
Nickel
Selenium
Benz(a)anthracene
Benzene
Benzo(g,h,i)perylene
Chrysene
Ethyl benzene
Fluorene
Naphthalene
Phenanthrene
Pyrene
Toluene (Methyl Benzene)
1929-
77-7
7440-
36-0
7440-
38-2
75-1 5-0
NA
7439-
92-1
7440-
02-0
7782-
49-2
56-55-3
71-43-2
191-24-
2
218-01-
9
100-41-
4
86-73-7
91-20-3
81-05-8
129-00-
0
108-88-
0.042; or
CMBST,
CHOXD,
BIODG or
CARBN
1.9
1.4
3.8
0.028; or
CMBST,
CHOXD,
BIODG or
CARBN
0.69
3.98
0.82
0.059
0.14
0.0055
0.059
0.057
0.059
0.059
0.059
0.067
0.080
1.4; or CMBST
1.15mg/LTCLP
5.0 mg/L TCLP
4.8 mg/L TCLP
28; or CMBST
0.75 mg/L TCLP
1 1 .0 mg/L TCLP
5.7 mg/L TCLP
3.4
10
1.8
3.4
10
3.4
5.6
5.6
8.2
10
85
-------
K170
K171
Clarified slurry oil
sediment from petroleum
refining operations.
Spent hydrotreating
catalyst from petroleum
refining operations,
including guard beds used
to desulfurize feeds to
other catalytic reactors
(this listing does not
include inert support
media).
Xylene(s) (Total)
Benz(a)anthracene
Benzene
Benzo(g,h,i)perylene
Chrysene
Dibenz(a,h)anthracene
Ethyl benzene
Fluorene
lndeno(1 ,3,4-cd)pyrene
Naphthalene
Phenanthrene
Pyrene
Toluene (Methyl Benzene)
Xylene(s) (Total)
Benz(a)anthracene
Benzene
Chrysene
Ethyl benzene
Naphthalene
Phenanthrene
Pyrene
Toluene (Methyl Benzene)
Xylene(s) (Total)
Arsenic
3
1330-
20-7
56-55-3
71-43-2
191-24-
2
218-01-
9
53-70-3
100-41-
4
86-73-7
193-39-
5
91-20-3
81-05-8
129-00-
0
108-88-
3
1330-
20-7
56-55-3
71-43-2
218-01-
9
100-41-
4
91-20-3
81-05-8
129-00-
0
108-88-
3
1330-
20-7
7740-
0.32
0.059
0.14
0.0055
0.059
0.055
0.057
0.059
0.0055
0.059
0.059
0.067
0.080
0.32
0.059
0.14
0.059
0.057
0.059
0.059
0.67
0.080
0.32
1.4
30
3.4
10
1.8
3.4
8.2
10
3.4
3.4
5.6
5.6
8.2
10
30
3.4
10
3.4
10
5.6
5.6
8.2
10
30
5 mg/L TCLP
86
-------
K172
K174
Spent hydrorefining
catalyst from petroleum
refining operations,
including guard beds used
to desulfurize feeds to
other catalytic reactors
(this listing does not
include inert support
media.).
Wastewater treatment
sludges from the
production of ethylene
dichloride or vinyl chloride
monomer.
Nickel
Vanadium
Reactive sulfides
Benzene
Ethyl benzene
Toluene (Methyl Benzene)
Xylene(s) (Total)
Antimony
Arsenic
Nickel
Vanadium
Reactive sulfides
1,2,3,4,6,7,8-
Heptachlorodibenzo- p -
dioxin (1,2,3,4,6,7,8-
HpCDD)
1,2,3,4,6,7,8-
Heptachlorodibenzofuran
(1,2,3,4,6,7,8-HpCDF)
1,2,3,4,7,8,9-
Heptachlorodibenzofuran
(1,2,3,4,7,8,9-HpCDF)
HxCDDs (All
Hexachlorodibenzo- p -
dioxins)
HxCDFs (All
Hexachlorodibenzofurans)
1,2,3,4,6,7,8,9-
Octachlorodibenzo- p -
dioxin (OCDD)
1,2,3,4,6,7,8,9-
Octachlorodibenzofuran
38-2
7440-
02-0
7440-
62-2
NA
71-43-2
100-41-
4
108-88-
3
1330-
20-7
7740-
36-0
7740-
38-2
7440-
02-0
7440-
62-2
NA
35822-
46-9
67562-
39-4
55673-
89-7
34465-
46-8
55684-
94-1
3268-
87-9
39001-
02-0
3.98
4.3
DEACT
0.14
0.57
0.080
0.32
1.9
1.4
3.98
4.3
DEACT
0.000035 or
CMBST11
0.000035 or
CMBST11
0.000035 or
CMBST11
0.000063 or
CMBST11
0.000063 or
CMBST11
0.000063 or
CMBST11
0.000063 or
CMBST11
1 1 .0 mg/L TCLP
1 .6 mg/L TCLP
DEACT
10
10
10
30
1.1 5 mg/L TCLP
5 mg/L TCLP
1 1 .0 mg/L TCLP
1 .6 mg/L TCLP
DEACT
0.0025 or
CMBST11
0.0025 or
CMBST11
0.0025 or
CMBST11
0.001 or
CMBST11
0.001 or
CMBST11
0.005 or
CMBST11
0.005 or
CMBST11
87
-------
K175
K176
K177
K178
Wastewater treatment
sludge from the production
of vinyl chloride monomer
using mercuric chloride
catalyst in an acetylene-
based process
All K175 wastewaters
Bag house filters from the
production of antimony
oxide, including filters from
the production of
intermediates (e.g.,
antimony metal or crude
antimony oxide)
Slag from the production
of antimony oxide that is
speculatively accumulated
or disposed, including slag
from the production of
intermediates (e.g.,
antimony metal or crude
antimony oxide)
Residues from
manufacturing and
manufacturing-site storage
of ferric chloride from
acids formed during the
production of titanium
dioxide using the chloride-
ilmenite process.
(OCDF)
PeCDDs (All
Pentachlorodibenzo- p -
dioxins
PeCDFs (All
Pentachlorodibenzofurans)
TCDDs (All
tetachlorodibenzo- p -
dioxins)
TCDFs (All
tetrachlorodibenzofurans)
Arsenic
Mercury12
PH12
Mercury
Antimony
Arsenic
Cadmium
Lead
Mercury
Antimony
Arsenic
Lead
1,2,3,4,6,7,8-
Heptachlorodibenzo- p -
dioxin (1,2,3,4,6,7,8-
HpCDD)
1,2,3,4,6,7,8-
Heptachlorodibenzofuran
(1,2,3,4,6,7,8-HpCDF)
1,2,3,4,7,8,9-
36088-
22-9
30402-
15-4
41903-
57-5
55722-
27-5
7440-
36-0
7438-
97-6
7438-
97-6
7440-
36-0
7440-
38-2
7440-
43-9
7439-
92-1
7439-
97-6
7440-
36-0
7440-
38-2
7439-
92-1
35822-
39-4
67562-
39-4
55673-
0.000063 or
CMBST11
0.000035 or
CMBST11
0.000063 or
CMBST11
0.000063 or
CMBST11
1.4
NA
NA
0.15
1.9
1.4
0.69
0.69
0.15
1.9
1.4
0.69
0.000035 or
CMBST11
0.000035 or
CMBST11
0.000035 or
CMBST11
0.001 or
CMBST11
0.001 or
CMBST11
0.001 or
CMBST11
0.001 or
CMBST11
5.0 mg/L TCLP
0.025 mg/L TCLP
pH<6.0
NA
1.1 5 mg/L TCLP
5.0 mg/L TCLP
0.11 mg/L TCLP
0.75 mg/L TCLP
0.025 mg/L TCLP
1.1 5 mg/L TCLP
5.0 mg/L TCLP
0.75 mg/L TCLP
0.0025 or
CMBST11
0.0025 or
CMBST11
0.0025 or
CMBST11
88
-------
K181
Nonwastewaters from the
production of dyes and/or
pigments (including
nonwastewaters
commingled at the point of
generation with
nonwastewaters from
Heptachlorodibenzofuran
(1,2,3,4,7,8,9-HpCDF)
HxCDDs (All
Hexachlorodibenzo- p -
dioxins)
HxCDFs (All
Hexachlorodibenzo-furans)
1,2,3,4,6,7,8,9-
Octachlorodibenzo- p -
dioxin (OCDD)
1,2,3,4,6,7,8,9-
Octachlorodibenzofuran
(OCDF)
PeCDDs (All
Pentachlorodibenzo- p -
dioxins)
PeCDFs (All
Pentachlorodibenzo-
furans)
TCDDs (All
tetrachlorodibenzo- p -
dioxins)
TCDFs (All
tetrachlorodibenzo-furans)
Thallium
Aniline
o-Anisidine (2-
methoxyaniline)
4-Chloroaniline
p-Cresidine
2,4-Dimethylaniline (2,4-
xylidine)
89-7
34465-
46-8
55684-
94-1
3268-
87-9
39001-
02-0
36088-
22-9
30402-
15-4
41903-
57-5
55722-
27-5
7440-
28-0
62-53-3
90-04-0
106-47-
8
120-71-
8
95-68-1
0.000063 or
CMBST11
0.000063 or
CMBST11
0.000063 or
CMBST11
0.000063 or
CMBST11
0.000063 or
CMBST11
0.000035 or
CMBST11
0.000063 or
CMBST11
0.000063 or
CMBST11
1.4
0.81
0.010
0.46
0.010
0.010
CMBST; or
CHOXD fb
0.001 or
CMBST11
0.001 or
CMBST11
0.005 or
CMBST11
0.005 or
CMBST11
0.001 or
CMBST11
0.001 or
CMBST11
0.001 or
CMBST11
0.001 or
CMBST11
0.20 mg/L TCLP
14
0.66
16
0.66
0.66
CMBST; or
CHOXD fb
89
-------
P001
P002
POOS
P004
POOS
P006
P007
POOS
P009
P010
other processes) that, at
the point of generation,
contain mass loadings of
any of the constituents
identified in paragraph (c)
of section 261 .32 that are
equal to or greater than
the corresponding
paragraph (c) levels, as
determined on a calendar
year basis
Warfarin, & salts, when
present at concentrations
greater than 0.3%
1-Acetyl-2-thiourea
Acrolein
Aldrin
Allyl alcohol
Aluminum phosphide
5-Aminomethyl 3-
isoxazolol
4-Aminopyridine
Ammonium picrate
Arsenic acid
1 ,2-Phenylenediamine
1 ,3-Phenylenediamine
Warfarin
1-Acetyl-2-thiourea
Acrolein
Aldrin
Allyl alcohol
Aluminum phosphide
5-Aminomethyl 3-
isoxazolol
4-Aminopyridine
Ammonium picrate
Arsenic
95-54-5
108-45-
2
81-81-2
591-08-
2
107-02-
8
309-00-
2
107-18-
6
20859-
73-8
2763-
96-4
504-24-
5
131-74-
8
7440-
38-2
(BIODG or
CARBN); or
BIODG fb
CARBN
0.010
(WETOX or
CHOXD) fb
CARBN; or
CMBST
(WETOX or
CHOXD) fb
CARBN; or
CMBST
0.29
0.021
(WETOX or
CHOXD) fb
CARBN; or
CMBST
CHOXD;
CHRED; or
CMBST
(WETOX or
CHOXD) fb
CARBN; or
CMBST
(WETOX or
CHOXD) fb
CARBN; or
CMBST
CHOXD;
CHRED;
CARBN;
BIODG; or
CMBST
1.4
(BIODG or
CARBN); or
BIODG fb CARBN
0.66
CMBST
CMBST
CMBST
0.066
CMBST
CHOXD; CHRED;
or CMBST
CMBST
CMBST
CHOXD; CHRED;
or CMBST
5.0 mg/L TCLP
90
-------
P011
P012
P013
P014
P015
P016
P017
P018
P020
P021
P022
P023
P024
P026
Arsenic pentoxide
Arsenic trioxide
Barium cyanide
Thiophenol (Benzene
thiol)
Beryllium dust
Dichloromethyl ether
(Bis(chloromethyl) ether)
Bromoacetone
Brucine
2-sec-Butyl-4,6-
dinitrophenol (Dinoseb)
Calcium cyanide
Carbon disulfide
Chloroacetaldehyde
p-Chloroaniline
1-(o-
Chlorophenyr)thiourea
Arsenic
Arsenic
Barium
Cyanides (Total)'
Cyanides (Amenable)'
Thiophenol (Benzene thiol)
Beryllium
Dichloromethyl ether
Bromoacetone
Brucine
2-sec-Butyl-4,6-
dinitrophenol (Dinoseb)
Cyanides (Total)'
Cyanides (Amenable)'
Carbon disulfide
Carbon disulfide;
alternate6standard for
nonwastewaters only
Chloroacetaldehyde
p-Chloroaniline
1 -(o-Chlorophenyl)thiourea
7440-
38-2
7440-
38-2
7440-
39-3
57-12-5
57-12-5
108-98-
5
7440-
41-7
542-88-
1
598-31-
2
357-57-
3
88-85-7
57-12-5
57-12-5
75-1 5-0
75-1 5-0
107-20-
0
106-47-
8
5344-
82-1
1.4
1.4
NA
1.2
0.86
(WETOX or
CHOXD) fb
CARBN; or
CMBST
RMETL; or
RTHRM
(WETOX or
CHOXD) fb
CARBN; or
CMBST
(WETOX or
CHOXD) fb
CARBN; or
CMBST
(WETOX or
CHOXD) fb
CARBN; or
CMBST
0.066
1.2
0.86
3.8
NA
(WETOX or
CHOXD) fb
CARBN; or
CMBST
0.46
(WETOX or
CHOXD) fb
CARBN; or
CMBST
5.0 mg/L TCLP
5.0 mg/L TCLP
21 mg/L TCLP
590
30
CMBST
RMETL; or
RTHRM
CMBST
CMBST
CMBST
2.5
590
30
CMBST
4.8 mg/L TCLP
CMBST
16
CMBST
91
-------
P027
P028
P029
P030
P031
P033
P034
P036
P037
P038
P039
P040
P041
P042
P043
P044
P045
3-Chloropropionitrile
Benzyl chloride
Copper cyanide
Cyanides (soluble salts
and complexes)
Cyanogen
Cyanogen chloride
2-Cyclohexyl-4,6-
dinitrophenol
Dichlorophenylarsine
Dieldrin
Diethylarsine
Disulfoton
0,0-Diethyl O-pyrazinyl
phosphorothioate
Diethyl-p-nitrophenyl
phosphate
Epinephrine
Diisopropylfluorophosphat
e (DFP)
Dimethoate
Thiofanox
3-Chloropropionitrile
Benzyl chloride
Cyanides (Total)'
Cyanides (Amenable)'
Cyanides (Total)'
Cyanides (Amenable)'
Cyanogen
Cyanogen chloride
2-Cyclohexyl-4,6-
dinitrophenol
Arsenic
Dieldrin
Arsenic
Disulfoton
0,0-Diethyl O-pyrazinyl
phosphorothioate
Diethyl-p-nitrophenyl
phosphate
Epinephrine
Diisopropylfluorophosphat
e (DFP)
Dimethoate
Thiofanox
542-76-
7
100-44-
7
57-12-5
57-12-5
57-12-5
57-12-5
460-19-
5
506-77-
4
131-89-
5
7440-
38-2
60-57-1
7440-
38-2
298-04-
4
297-97-
2
311-45-
5
51-43-4
55-91-4
60-51-5
39196-
(WETOX or
CHOXD) fb
CARBN; or
CMBST
(WETOX or
CHOXD) fb
CARBN; or
CMBST
1.2
0.86
1.2
0.86
CHOXD;
WETOX; or
CMBST
CHOXD;
WETOX; or
CMBST
(WETOX or
CHOXD) fb
CARBN; or
CMBST
1.4
0.017
1.4
0.017
CARBN; or
CMBST
CARBN; or
CMBST
(WETOX or
CHOXD) fb
CARBN; or
CMBST
CARBN; or
CMBST
CARBN; or
CMBST
(WETOX or
CMBST
CMBST
590
30
590
30
CHOXD; WETOX;
or CMBST
CHOXD; WETOX;
or CMBST
CMBST
5.0 mg/L TCLP
0.13
5.0 mg/L TCLP
6.2
CMBST
CMBST
CMBST
CMBST
CMBST
CMBST
92
-------
P046
P047
P048
P049
P050
P051
P054
P056
P057
P058
P059
alpha, alpha-
Dimethylphenethylamine
4,6-Dinitro-o-cresol
4,6-Dinitro-o-cresol salts
2,4-Dinitrophenol
Dithiobiuret
Endosulfan
Endrin
Aziridine
Fluorine
Fluoroacetamide
Fluoroacetic acid, sodium
salt
Heptachlor
alpha, alpha-
Dimethylphenethylamine
4,6-Dinitro-o-cresol
NA
2,4-Dinitrophenol
Dithiobiuret
Endosulfan I
Endosulfan II
Endosulfan sulfate
Endrin
Endrin aldehyde
Aziridine
Fluoride (measured in
waste waters only)
Fluoroacetamide
Fluoroacetic acid, sodium
salt
Heptachlor
Heptachlor epoxide
18-4
122-09-
8
543-52-
1
NA
51-28-5
541-53-
7
939-98-
8
33213-
6-5
1031-
07-8
72-20-8
7421-
93-4
151-56-
4
16984-
48-8
640-19-
7
62-74-8
76-44-8
1024-
57-3
CHOXD) fb
CARBN; or
CMBST
(WETOX or
CHOXD) fb
CARBN; or
CMBST
0.28
(WETOX or
CHOXD) fb
CARBN; or
CMBST
0.12
(WETOX or
CHOXD) fb
CARBN; or
CMBST
0.023
0.029
0.029
0.0028
0.025
(WETOX or
CHOXD) fb
CARBN; or
CMBST
35
(WETOX or
CHOXD) fb
CARBN; or
CMBST
(WETOX or
CHOXD) fb
CARBN; or
CMBST
0.0012
0.016
CMBST
160
CMBST
160
CMBST
0.066
0.13
0.13
0.13
0.13
CMBST
ADGAS fb
NEUTR
CMBST
CMBST
0.066
0.066
93
-------
P060
P062
P063
P064
P065
P066
P067
P068
Isodrin
Hexaethyl tetraphosphate
Hydrogen cyanide
Isocyanic acid, ethyl ester
Mercury fulminate
nonwastewaters,
regardless of their total
mercury content, that are
not incinerator residues or
are not residues from
RMERC.
Mercury fulminate
nonwastewaters that are
either incinerator residues
or are residues from
RMERC; and contain
greater than or equal to
260 mg/kg total mercury.
Mercury fulminate
nonwastewaters that are
residues from RMERC
and contain less than 260
mg/kg total mercury.
Mercury fulminate
nonwastewaters that are
incinerator residues and
contain less than 260
mg/kg total mercury.
All mercury fulminate
wastewaters.
Methomyl
2-Methyl-aziridine
Methyl hydrazine
Isodrin
Hexaethyl tetraphosphate
Cyanides (Total)'
Cyanides (Amenable)'
Isocyanic acid, ethyl ester
Mercury
Mercury
Mercury
Mercury
Mercury
Methomyl
2-Methyl-aziridine
Methyl hydrazine
465-73-
6
757-58-
4
57-12-5
57-12-5
624-83-
9
7439-
97-6
7439-
97-6
7439-
97-6
7439-
97-6
7439-
97-6
16752-
77-5
75-55-8
60-34-4
0.021
CARBN; or
CMBST
1.2
0.86
(WETOX or
CHOXD) fb
CARBN; or
CMBST
NA
NA
NA
NA
0.15
(WETOX or
CHOXD) fb
CARBN; or
CMBST
(WETOX or
CHOXD) fb
CARBN; or
CMBST
CHOXD;
CHRED;
CARBN;
0.066
CMBST
590
30
CMBST
IMERC
RMERC
0.20 mg/L TCLP
0.025 mg/L TCLP
NA
CMBST
CMBST
CHOXD; CHRED;
or CMBST
94
-------
P069
P070
P071
P072
P073
P074
P075
P076
P077
P078
P081
P082
P084
P085
2-Methyllactonitrile
Aldicarb
Methyl parathion
1-Naphthyl-2-thiourea
Nickel carbonyl
Nickel cyanide
Nicotine and salts
Nitric oxide
p-Nitroaniline
Nitrogen dioxide
Nitroglycerin
N-Nitrosodimethylamine
N-Nitrosomethylvinylamine
Octamethylpyrophosphora
mide
2-Methyllactonitrile
Aldicarb
Methyl parathion
1-Naphthyl-2-thiourea
Nickel
Cyanides (Total)'
Cyanides (Amenable)'
Nickel
Nicotine and salts
Nitric oxide
p-Nitroaniline
Nitrogen dioxide
Nitroglycerin
N-Nitrosodimethylamine
N-Nitrosomethylvinylamine
Octamethylpyrophosphora
mide
75-86-5
116-06-
3
298-00-
0
86-88-4
7440-
02-0
57-12-5
57-12-5
7440-
02-0
54-11-5
10102-
43-9
100-01-
6
10102-
44-0
55-63-0
62-75-9
4549-
40-0
152-16-
9
BIODG; or
CMBST
(WETOX or
CHOXD) fb
CARBN; or
CMBST
(WETOX or
CHOXD) fb
CARBN; or
CMBST
0.014
(WETOX or
CHOXD) fb
CARBN; or
CMBST
3.98
1.2
0.86
3.98
(WETOX or
CHOXD) fb
CARBN; or
CMBST
ADGAS
0.028
ADGAS
CHOXD;
CHRED;
CARBN;
BIODG; or
CMBST
0.40
(WETOX or
CHOXD) fb
CARBN; or
CMBST
CARBN; or
CMBST
CMBST
CMBST
4.6
CMBST
1 1 mg/L TCLP
590
30
1 1 mg/L TCLP
CMBST
ADGAS
28
ADGAS
CHOXD; CHRED;
or CMBST
2.3
CMBST
CMBST
95
-------
P087
P088
P089
P092
P093
P094
P095
P096
P097
Osmium tetroxide
Endothall
Parathion
Phenyl mercuric acetate
nonwastewaters,
regardless of their total
mercury content, that are
not incinerator residues or
are not residues from
RMERC.
Phenyl mercuric acetate
nonwastewaters that are
either incinerator residues
or are residues from
RMERC; and still contain
greater than or equal to
260 mg/kg total mercury.
Phenyl mercuric acetate
nonwastewaters that are
residues from RMERC
and contain less than 260
mg/kg total mercury.
Phenyl mercuric acetate
nonwastewaters that are
incinerator residues and
contain less than 260
mg/kg total mercury.
All phenyl mercuric
acetate wastewaters.
Phenylthiourea
Phorate
Phosgene
Phosphine
Famphur
Osmium tetroxide
Endothall
Parathion
Mercury
Mercury
Mercury
Mercury
Mercury
Phenylthiourea
Phorate
Phosgene
Phosphine
Famphur
20816-
12-0
145-73-
3
56-38-2
7439-
97-6
7439-
97-6
7439-
97-6
7439-
97-6
7439-
97-6
103-85-
5
298-02-
2
75-44-5
7803-
51-2
52-85-7
RMETL; or
RTHRM
(WETOX or
CHOXD) fb
CARBN; or
CMBST
0.014
NA
NA
NA
NA
0.15
(WETOX or
CHOXD) fb
CARBN; or
CMBST
0.021
(WETOX or
CHOXD) fb
CARBN; or
CMBST
CHOXD;
CHRED; or
CMBST
0.017
RMETL; or
RTHRM
CMBST
4.6
IMERC; or
RMERC
RMERC
0.20 mg/L TCLP
0.025 mg/L TCLP
NA
CMBST
4.6
CMBST
CHOXD; CHRED;
or CMBST
15
96
-------
P098
P099
P101
P102
P103
P104
P105
P106
P108
P109
P110
P111
P112
P113
Potassium cyanide.
Potassium silver cyanide
Ethyl cyanide
(Propanenitrile)
Propargyl alcohol
Selenourea
Silver cyanide
Sodium azide
Sodium cyanide
Strychnine and salts
Tetraethyldithiopyrophosp
hate
Tetraethyl lead
Tetraethylpyrophosphate
Tetranitromethane
Thallic oxide
Cyanides (Total)'
Cyanides (Amenable)'
Cyanides (Total)'
Cyanides (Amenable)'
Silver
Ethyl cyanide
(Propanenitrile)
Propargyl alcohol
Selenium
Cyanides (Total)'
Cyanides (Amenable)'
Silver
Sodium azide
Cyanides (Total)'
Cyanides (Amenable)'
Strychnine and salts
Tetraethyldithiopyrophosph
ate
Lead
Tetraethylpyrophosphate
Tetranitromethane
Thallium (measured in
waste waters only)
57-12-5
57-12-5
57-12-5
57-12-5
7440-
22-4
107-12-
0
107-19-
7
7782-
49-2
57-12-5
57-12-5
7440-
22-4
26628-
22-8
57-12-5
57-12-5
57-24-9
3689-
24-5
7439-
92-1
107-49-
3
509-14-
8
7440-
28-0
1.2
0.86
1.2
0.86
0.43
0.24
(WETOX or
CHOXD) fb
CARBN; or
CMBST
0.82
1.2
0.86
0.43
CHOXD;
CHRED;
CARBN;
BIODG; or
CMBST
1.2
0.86
(WETOX or
CHOXD) fb
CARBN; or
CMBST
CARBN; or
CMBST
0.69
CARBN; or
CMBST
CHOXD;
CHRED;
CARBN;
BIODG; or
CMBST
1.4
590
30
590
30
0.14mg/LTCLP
360
CMBST
5.7 mg/L TCLP
590
30
0.1 4 mg/L TCLP
CHOXD; CHRED;
or CMBST
590
30
CMBST
CMBST
0.75 mg/L TCLP
CMBST
CHOXD; CHRED;
or CMBST
RTHRM; or
STABL
97
-------
P114
P115
P116
P118
P119
P120
P121
P122
P123
P127
P128
P185
P188
P189
Thallium selenite
Thallium (I) sulfate
Thiosemicarbazide
Trichloromethanethiol
Ammonium vanadate
Vanadium pentoxide
Zinc cyanide
Zinc phosphide Zn3P2,
when present at
concentrations greater
than 10%.
Toxaphene
Carbofuran10
Mexacarbate10
Tirpate10
Physostigmine salicylate10
Carbosulfan10
Selenium
Thallium (measured in
waste waters only)
Thiosemicarbazide
Trichloromethanethiol
Vanadium (measured in
waste waters only)
Vanadium (measured in
waste waters only)
Cyanides (Total)'
Cyanides (Amenable)'
Zinc Phosphide
Toxaphene
Carbofuran
Mexacarbate
Tirpate
Physostigmine salicylate
Carbosulfan
7782-
49-2
7440-
28-0
79-1 9-6
75-70-7
7440-
62-2
7440-
62-2
57-12-5
57-12-5
1314-
84-7
8001-
35-2
1563-
66-2
315-18-
4
26419-
73-8
57-64-7
55285-
14-8
0.82
1.4
(WETOX or
CHOXD) fb
CARBN; or
CMBST
(WETOX or
CHOXD) fb
CARBN; or
CMBST
4.3
4.3
1.2
0.86
CHOXD;
CHRED; or
CMBST
0.0095
0.006; or
CMBST,
CHOXD,
BIODG or
CARBN
0.056; or
CMBST,
CHOXD,
BIODG or
CARBN
0.056; or
CMBST,
CHOXD,
BIODG or
CARBN
0.056; or
CMBST,
CHOXD,
BIODG or
CARBN
0.028; or
CMBST,
5.7 mg/L TCLP
RTHRM; or
STABL
CMBST
CMBST
STABL
STABL
590
30
CHOXD; CHRED;
or CMBST
2.6
0.14; or CMBST
1.4; or CMBST
0.28; or CMBST
1.4; or CMBST
1.4; or CMBST
98
-------
P190
P191
P192
P194
P196
P197
P198
P199
P201
P202
Metolcarb10
Dimetilan10
Isolan10
Oxamyl10
Manganese
dimethyldithio-carbamate10
Formparanate10
Formetanate
hydrochloride10
Methiocarb10
Promecarb10
m-Cumenyl
Metolcarb
Dimetilan
Isolan
Oxamyl
Dithiocarbamates (total)
Formparante
Formetanate hydrochloride
Methiocarb
Promecarb
m-Cumenyl
1129-
41-5
644-64-
4
119-38-
0
23135-
22-0
NA
17702-
57-7
23422-
53-9
2032-
65-7
2631-
37-0
64-00-6
CHOXD,
BIODG or
CARBN
0.056; or
CMBST,
CHOXD,
BIODG or
CARBN
0.056; or
CMBST,
CHOXD,
BIODG or
CARBN
0.056; or
CMBST,
CHOXD,
BIODG or
CARBN
0.056; or
CMBST,
CHOXD,
BIODG or
CARBN
0.028; or
CMBST,
CHOXD,
BIODG or
CARBN
0.056; or
CMBST,
CHOXD,
BIODG or
CARBN
0.056; or
CMBST,
CHOXD,
BIODG or
CARBN
0.056; or
CMBST,
CHOXD,
BIODG or
CARBN
0.056; or
CMBST,
CHOXD,
BIODG or
CARBN
0.056; or
1.4; or CMBST
1.4; or CMBST
1.4; or CMBST
0.28; or CMBST
28; or CMBST
1.4; or CMBST
1.4; or CMBST
1.4; or CMBST
1.4; or CMBST
1.4; or CMBST
99
-------
P203
P204
P205
U001
U002
U003
U004
U005
U006
U007
U008
U009
U010
methylcarbamate10
Aldicarb sulfone10
Physostigmine10
Ziram10
Acetaldehyde
Acetone
Acetonitrile
Acetophenone
2-Acetylaminofluorene
Acetyl chloride
Acrylamide
Acrylic acid
Acrylonitrile
Mitomycin C
methylcarbamate
Aldicarbsulfone
Physostigmine
Dithiocarbamates (total)
Acetaldehyde
Acetone
Acetonitrile
Acetonitrile;
alternate6standard for
nonwastewaters only
Acetophenone
2-Acetylaminofluorene
Acetyl Chloride
Acrylamide
Acrylic acid
Acrylonitrile
Mitomycin C
1646-
88-4
57-47-6
NA
75-07-0
67-64-1
75-05-8
75-05-8
98-86-2
53-96-3
75-36-5
79-06-1
79-1 0-7
107-13-
1
50-07-7
CMBST,
CHOXD,
BIODG or
CARBN
0.056; or
CMBST,
CHOXD,
BIODG or
CARBN
0.056; or
CMBST,
CHOXD,
BIODG or
CARBN
0.028; or
CMBST,
CHOXD,
BIODG or
CARBN
(WETOX or
CHOXD) fb
CARBN; or
CMBST
0.28
5.6
NA
0.010
0.059
(WETOX or
CHOXD) fb
CARBN; or
CMBST
(WETOX or
CHOXD) fb
CARBN; or
CMBST
(WETOX or
CHOXD) fb
CARBN; or
CMBST
0.24
(WETOX or
CHOXD) fb
0.28; or CMBST
1.4; or CMBST
28; or CMBST
CMBST
160
CMBST
38
9.7
140
CMBST
CMBST
CMBST
84
CMBST
100
-------
U011
U012
U014
U015
U016
U017
U018
U019
U020
U021
U022
U023
U024
U025
U026
Amitrole
Aniline
Auramine
Azaserine
Benz(c)acridine
Benzal chloride
Benz(a)anthracene
Benzene
Benzenesulfonyl chloride
Benzidine
Benzo(a)pyrene
Benzotrichloride
bis(2-
Chloroethoxy)methane
bis(2-Chloroethyl)ether
Chlornaphazine
Amitrole
Aniline
Auramine
Azaserine
Benz(c)acridine
Benzal chloride
Benz(a)anthracene
Benzene
Benzenesulfonyl chloride
Benzidine
Benzo(a)pyrene
Benzotrichloride
bis(2)Chloroethoxy)methan
e
bis(2-Chloroethyl)ether
Chlornaphazine
61-82-5
62-53-3
492-80-
8
115-02-
6
225-51-
4
98-87-3
56-55-3
71-43-2
98-09-9
92-87-5
50-32-8
98-07-7
111-91-
1
111-44-
4
494-03-
1
CARBN; or
CMBST
(WETOX or
CHOXD) fb
CARBN; or
CMBST
0.81
(WETOX or
CHOXD) fb
CARBN; or
CMBST
(WETOX or
CHOXD) fb
CARBN; or
CMBST
(WETOX or
CHOXD) fb
CARBN; or
CMBST
(WETOX or
CHOXD) fb
CARBN; or
CMBST
0.059
0.14
(WETOX or
CHOXD) fb
CARBN; or
CMBST
(WETOX or
CHOXD) fb
CARBN; or
CMBST
0.061
CHOXD;
CHRED;
CARBN;
BIODG; or
CMBST
0.036
0.033
(WETOX or
CHOXD) fb
CMBST
14
CMBST
CMBST
CMBST
CMBST
3.4
10
CMBST
CMBST
3.4
CHOCS; CHRED;
or CMBST
7.2
6.0
CMBST
101
-------
U027
U028
U029
U030
U031
U032
U033
U034
U035
U036
U037
U038
U039
U041
U042
U043
U044
U045
U046
bis(2-
Chloroisopropyl)ether
bis(2-Ethylhexyl) phthalate
Methyl bromide
(Bromomethane)
4-Bromophenyl phenyl
ether
n-Butyl alcohol
Calcium chromate
Carbon oxyfluoride
Trichloroacetaldehyde
(Chloral)
Chlorambucil
Chlordane
Chlorobenzene
Chlorobenzilate
p-Chloro-m-cresol
Epichlorohydrin (1-Chloro-
2,3-epoxypropane)
2-Chloroethyl vinyl ether
Vinyl chloride
Chloroform
Chloromethane (Methyl
chloride)
Chloromethyl methyl ether
bis(2-Chloroisopropyl)ether
bis(2-Ethylhexyl) phthalate
Methyl bromide
(Bromomethane)
4-Bromophenyl phenyl
ether
n-Butyl alcohol
Chromium (Total)
Carbon oxyfluoride
Trichloroacetaldehyde
(Chloral)
Chlorambucil
Chlordane (alpha and
gamma isomers)
Chlorobenzene
Chlorobenzilate
p-Chloro-m-cresol
Epichlorohydrin (1-Chloro-
2,3-epoxypropane)
2-Chloroethyl vinyl ether
Vinyl chloride
Chloroform
Chloromethane (Methyl
chloride)
Chloromethyl methyl ether
39638-
32-9
117-81-
7
74-83-9
101-55-
3
71-36-3
7440-
47-3
353-50-
4
75-87-6
305-03-
3
57-74-9
108-90-
7
510-15-
6
59-50-7
106-89-
8
110-75-
8
75-01-4
67-66-3
74-87-3
107-30-
CARBN; or
CMBST
0.055
0.28
0.11
0.055
5.6
2.77
(WETOX or
CHOXD) fb
CARBN; or
CMBST
(WETOX or
CHOXD) fb
CARBN; or
CMBST
(WETOX or
CHOXD) fb
CARBN; or
CMBST
0.0033
0.057
0.10
0.018
(WETOX or
CHOXD) fb
CARBN; or
CMBST
0.062
0.27
0.046
0.19
(WETOX or
7.2
28
15
15
2.6
0.60 mg/L TCLP
CMBST
CMBST
CMBST
0.26
60
CMBST
14
CMBST
CMBST
6.0
6.0
30
CMBST
102
-------
U047
U048
U049
U050
U051
U052
U053
U055
U056
2-Chloronaphthalene
2-Chlorophenol
4-Chloro-o-toluidine
hydrochloride
Chrysene
Creosote
Cresols (Cresylic acid)
Crotonaldehyde
Cumene
Cyclohexane
2-Chloronaphthalene
2-Chlorophenol
4-Chloro-o-toluidine
hydrochloride
Chrysene
Naphthalene
Pentachlorophenol
Phenanthrene
Pyrene
Toluene
Xylenes-mixed isomers
(sum of o-, m-, and p-
xylene concentrations)
Lead
o-Cresol
m-Cresol (difficult to
distinguish from p-cresol)
p-Cresol (difficult to
distinguish from m-cresol)
Cresol-mixed isomers
(Cresylic acid) (sum of o-
m-, and p-cresol
concentrations)
Crotonaldehyde
Cumene
Cyclohexane
2
91-58-7
95-57-8
3165-
93-3
218-01-
9
91-20-3
87-86-5
85-01-8
129-00-
0
108-88-
3
1330-
20-7
7439-
92-1
95-48-7
108-39-
4
106-44-
5
1319-
77-3
4170-
30-3
98-82-8
110-82-
7
CHOXD) fb
CARBN; or
CMBST
0.055
0.044
(WETOX or
CHOXD) fb
CARBN; or
CMBST
0.059
0.059
0.089
0.059
0.067
0.080
0.32
0.69
0.11
0.77
0.77
0.88
(WETOX or
CHOXD) fb
CARBN; or
CMBST
(WETOX or
CHOXD) fb
CARBN; or
CMBST
(WETOX or
CHOXD) fb
CARBN; or
5.6
5.7
CMBST
3.4
5.6
7.4
5.6
8.2
10
30
0.75 mg/L TCLP
5.6
5.6
5.6
11.2
CMBST
CMBST
CMBST
103
-------
U057
U058
U059
U060
U061
U062
U063
U064
U066
U067
U068
U069
U070
U071
U072
Cyclohexanone
Cyclophosphamide
Daunomycin
ODD
DDT
Diallate
Dibenz(a,h)anthracene
Dibenz(a,i)pyrene
1 ,2-Dibromo-3-
chloropropane
Ethylene dibromide (1 ,2-
Dibromoethane)
Dibromomethane
Di-n-butyl phthalate
o-Dichlorobenzene
m-Dichloro benzene
p-Dichlorobenzene
Cyclohexanone
Cyclohexanone;
alternate6standard for
nonwastewaters only
Cyclophosphamide
Daunomycin
o,p'-DDD
p,p'-DDD
o-p'-DDT
p,p'-DDT
o,p'-DDD
p,p'-DDD
o,p'-DDE
p,p'-DDE
Diallate
Dibenz(a,h)anthracene
Dibenz(a,i)pyrene
1 ,2-Dibromo-3-
chloropropane
Ethylene dibromide (1 ,2-
Dibromoethane)
Dibromomethane
Di-n-butyl phthalate
o-Dichlorobenzene
m-Dichlorobenzene
p-Dichlorobenzene
108-94-
1
108-94-
1
50-1 8-0
20830-
81-3
53-1 9-0
72-54-8
789-02-
6
50-29-3
53-1 9-0
72-54-8
3424-
82-6
72-55-9
2303-
16-4
53-70-3
189-55-
9
96-12-8
106-93-
4
74-95-3
84-74-2
95-50-1
541-73-
1
106-46-
CMBST
0.36
NA
CARBN; or
CMBST
(WETOX or
CHOXD) fb
CARBN; or
CMBST
0.023
0.023
0.0039
0.0039
0.023
0.023
0.031
0.031
(WETOX or
CHOXD) fb
CARBN; or
CMBST
0.055
(WETOX or
CHOXD) fb
CARBN; or
CMBST
0.11
0.028
0.11
0.057
0.088
0.036
0.090
CMBST
0.75 mg/L TCLP
CMBST
CMBST
0.087
0.087
0.087
0.087
0.087
0.087
0.087
0.087
CMBST
8.2
CMBST
15
15
15
28
6.0
6.0
6.0
104
-------
U073
U074
U075
U076
U077
U078
U079
U080
U081
U082
U083
U084
U085
U086
U087
U088
U089
3,3'-Dichlorobenzidine
1 ,4-Dichloro-2-butene
Dichlorodifluoromethane
1,1-Dichloroethane
1,2-Dichloroethane
1,1-Dichloroethylene
1,2-Dichloroethylene
Methylene chloride
2,4-Dichlorophenol
2,6-Dichlorophenol
1,2-Dichloropropane
1 ,3-Dichloropropylene
1 ,2:3,4-Diepoxybutane
N,N'-Diethylhydrazine
O,O-Diethyl S-
methyldithiophosphate
Diethyl phthalate
Diethyl stilbestrol
3,3'-Dichlorobenzidine
cis,1 ,4-Dichloro-2-butene
trans-1 ,4-Dichloro-2-
butene
Dichlorodifluoromethane
1,1-Dichloroethane
1,2-Dichloroethane
1,1-Dichloroethylene
trans-1 ,2-Dichloroethylene
Methylene chloride
2,4-Dichlorophenol
2,6-Dichlorophenol
1,2-Dichloropropane
cis-1 ,3-Dichloropropylene
trans-1 ,3-
Dichloropropylene
1 ,2,3,4-Diepoxybutane
N,N'-Diethylhydrazine
O,O-Diethyl S-
methyldithiophosphate
Diethyl phthalate
Diethyl stilbestrol
7
91-94-1
1476-
11-5
764-41-
0
75-71-8
75-34-3
107-06-
2
75-35-4
156-60-
5
75-09-2
120-83-
2
87-65-0
78-87-5
10061-
01-5
10061-
02-6
1464-
53-5
1615-
80-1
3288-
58-2
84-66-2
56-53-1
(WETOX or
CHOXD) fb
CARBN; or
CMBST
(WETOX or
CHOXD) fb
CARBN; or
CMBST
(WETOX or
CHOXD) fb
CARBN; or
CMBST
0.23
0.059
0.21
0.025
0.054
0.089
0.044
0.044
0.85
0.036
0.036
(WETOX or
CHOXD) fb
CARBN; or
CMBST
CHOXD;
CHRED;
CARBN;
BIODG; or
CMBST
CARBN; or
CMBST
0.20
(WETOX or
CHOXD) fb
CMBST
CMBST
CMBST
7.2
6.0
6.0
6.0
30
30
14
14
18
18
18
CMBST
CHOXD; CHRED;
or CMBST
CMBST
28
CMBST
105
-------
U090
U091
U092
U093
U094
U095
U096
U097
U098
U099
U101
U102
Dihydrosafrole
3,3'-Dimethoxybenzidine
Dimethylamine
P-
Dimethylaminoazobenzen
e
7,12-
Dimethylbenz(a)anthracen
e
3,3'-Dimethylbenzidine
alpha, alpha-Dimethyl
benzyl hydroperoxide
Dimethylcarbamoyl
chloride
1 ,1-Dimethylhydrazine
1 ,2-Dimethylhydrazine
2,4-Dimethylphenol
Dimethyl phthalate
Dihydrosafrole
3,3'-Dimethoxybenzidine
Dimethylamine
P-
Dimethylaminoazobenzene
7,12-
Dimethylbenz(a)anthracen
e
3,3'-Dimethylbenzidine
alpha, alpha-Dimethyl
benzyl hydroperoxide
Dimethylcarbamoyl
chloride
1 ,1-Dimethylhydrazine
1 ,2-Dimethylhydrazine
2,4-Dimethylphenol
Dimethyl phthalate
94-58-6
119-90-
4
124-40-
3
60-11-7
57-97-6
119-93-
7
80-1 5-9
79-44-7
57-14-7
540-73-
8
105-67-
9
131-11-
CARBN; or
CMBST
(WETOX or
CHOXD) fb
CARBN; or
CMBST
(WETOX or
CHOXD) fb
CARBN; or
CMBST
(WETOX or
CHOXD) fb
CARBN; or
CMBST
0.13
(WETOX or
CHOXD) fb
CARBN; or
CMBST
(WETOX or
CHOXD) fb
CARBN; or
CMBST
CHOXD;
CHRED;
CARBN;
BIODG; or
CMBSt
(WETOX or
CHOXD) fb
CARBN; or
CMBST
CHOXD;
CHRED;
CARBN;
BIODG; or
CMBST
CHOXD;
CHRED;
CARBN;
BIODG; or
CMBST
0.036
0.047
CMBST
CMBST
CMBST
CMBST
CMBST
CMBST
CHOXD, CHRED;
or CMBST
CMBST
CHOXD; CHRED;
or CMBST
CHOXD; CHRED;
or CMBST
14
28
106
-------
U103
U105
U106
U107
U108
U109
U110
U111
U112
U113
U114
U115
Dimethyl sulfate
2,4-Dinitrotoluene
2,6-Dinitrotoluene
Di-n-octyl phthalate
1 ,4-Dioxane
1 ,2-Diphenylhydrazine
Dipropylamine
Di-n-propylnitrosamine
Ethyl acetate
Ethyl acrylate
Ethylenebisdithiocarbamic
acid salts and esters
Ethylene oxide
Dimethyl sulfate
2,4-Dinitrotoluene
2,6-Dinitrotoluene
Di-n-octyl phthalate
1 ,4-Dioxane
1 ,4-Dioxane, alternate6
1 ,2-Diphenylhydrazine
1 ,2-Diphenylhydrazine;
alternate6standard for
wastewaters only
Dipropylamine
Di-n-propylnitrosamine
Ethyl acetate
Ethyl acrylate
Ethylenebisdithiocarbamic
acid
Ethylene oxide
3
77-78-1
121-14-
2
606-20-
2
117-84-
0
123-91-
1
123-91-
1
122-66-
7
122-66-
7
142-84-
7
621-64-
7
141-78-
6
140-88-
5
111-54-
6
75-21-8
CHOXD;
CHRED;
CARBN;
BIODG; or
CMBST
0.32
0.55
0.017
(WETOX or
CHOXD) fb
CARBN; or
CMBST
12.0
CHOXD;
CHRED;
CARBN;
BIODG; or
CMBST
0.087
(WETOX or
CHOXD) fb
CARBN; or
CMBST
0.40
0.34
(WETOX or
CHOXD) fb
CARBN; or
CMBST
(WETOX or
CHOXD) fb
CARBN; or
CMBST
(WETOX or
CHOXD) fb
CARBN; or
CMBST
CHOXD; CHRED;
or CMBST
140
28
28
CMBST
170
CHOXD; CHRED;
or CMBST
NA
CMBST
14
33
CMBST
CMBST
CHOXD; or
CMBST
107
-------
U116
U117
U118
U119
U120
U121
U122
U123
U124
U125
U126
U127
U128
U129
Ethylene thiourea
Ethyl ether
Ethyl methacrylate
Ethyl methane sulfonate
Fluoranthene
Trichlorofluoromethane
Formaldehyde
Formic acid
Furan
Furfural
Gylcidyaldehyde
Hexachlorobenzene
Hexachlorobutadiene
Lindane
Ethylene oxide;
alternate6standard for
waste waters only
Ethylene thiourea
Ethyl ether
Ethyl methacrylate
Ethyl methane sulfonate
Fluoranthene
Trichlorofluoromethane
Formaldehyde
Formic acid
Furan
Furfural
Glycidyaldehyde
Hexachlorobenzene
Hexachlorobutadiene
alpha-BHC
beta-BHC
delta-BHC
75-21-8
96-45-7
60-29-7
97-63-2
62-50-0
206-44-
0
75-69-4
50-00-0
64-1 8-6
110-00-
9
98-01-1
765-34-
4
118-74-
1
87-68-3
319-84-
6
319-85-
7
319-86-
8
0.12
(WETOX or
CHOXD) fb
CARBN; or
CMBST
0.12
0.14
(WETOX or
CHOXD) fb
CARBN; or
CMBST
0.068
0.020
(WETOX or
CHOXD) fb
CARBN; or
CMBST
(WETOX or
CHOXD) fb
CARBN; or
CMBST
(WETOX or
CHOXD) fb
CARBN; or
CMBST
(WETOX or
CHOXD) fb
CARBN; or
CMBST
(WETOX or
CHOXD) fb
CARBN; or
CMBST
0.055
0.055
0.00014
0.00014
0.023
NA
CMBST
160
160
CMBST
3.4
30
CMBST
CMBST
CMBST
CMBST
CMBST
10
5.6
0.066
0.066
0.066
108
-------
U130
U131
U132
U133
U134
U135
U136
U137
U138
U140
U141
U142
U143
U144
U145
U146
U147
Hexachlorocyclopentadien
e
Hexachloroethane
Hexachlorophene
Hydrazine
Hydrogen fluoride
Hydrogen Sulfide
Cacodylic acid
lndeno(1 ,2,3-c,d)pyrene
lodomethane
Isobutyl alcohol
Isosafrole
Kepone
Lasiocarpine
Lead acetate
Lead phosphate
Lead subacetate
Maleic an hydride
gamma-BHC (Lindane)
Hexachlorocyclopentadien
e
Hexachloroethane
Hexachlorophene
Hydrazine
Fluoride (measured in
waste waters only)
Hydrogen Sulfide
Arsenic
lndeno(1 ,2,3-cd)pyrene
lodomethane
Isobutyl alcohol
Isosafrole
Kepone
Lasiocarpine
Lead
Lead
Lead
Maleic anhydride
58-89-9
77-47-4
67-72-1
70-30-4
302-01-
2
7664-
39-3
7783-
06-4
7440-
38-2
193-39-
5
74-88-4
78-83-1
120-58-
1
143-50-
8
303-34-
4
7439-
92-1
7439-
92-1
7439-
92-1
108-31-
6
0.0017
0.057
0.055
(WETOX or
CHOXD) fb
CARBN; or
CMBST
CHOXD;
CHRED;
CARBN;
BIODG; or
CMBST
35
CHOXD;
CHRED; or
CMBST
1.4
0.0055
0.19
5.6
0.081
0.0011
(WETOX or
CHOXD) fb
CARBN; or
CMBST
0.69
0.69
0.69
(WETOX or
CHOXD) fb
CARBN; or
CMBST
0.066
2.4
30
CMBST
CHOXD; CHRED;
or CMBST
ADGAS fb
NEUTR; or
NEUTR
CHOXD; CHRED;
or CMBST
5.0 mg/L TCLP
3.4
65
170
2.6
0.13
CMBST
0.75 mg/L TCLP
0.75 mg/L TCLP
0.75 mg/L TCLP
CMBST
109
-------
U148
U149
U150
U151
U152
U153
U154
Maleic hydrazide
Malononitrile
Melphalan
U151 (mercury)
nonwastewaters that
contain greater than or
equal to 260 mg/kg total
mercury.
U151 (mercury)
nonwastewaters that
contain less than 260
mg/kg total mercury and
that are residues from
RMERC only.
U151 (mercury)
nonwastewaters that
contain less than 260
mg/kg total mercury and
that are not residues from
RMERC.
AIIU151 (mercury)
wastewaters.
Elemental Mercury
Contaminated with
Radioactive Materials
Methacrylonitrile
Methanethiol
Methanol
Maleic hydrazide
Malononitrile
Malphalan
Mercury
Mercury
Mercury
Mercury
Mercury
Methacrylonitrile
Methanethiol
Methanol
Methanol; alternatebset of
standards for both
wastewaters and
nonwastewaters
123-33-
1
109-77-
3
148-82-
3
7439-
97-6
7439-
97-6
7439-
97-6
7439-
97-6
7439-
97-6
126-98-
7
74-93-1
67-56-1
67-56-1
(WETOX or
CHOXD) fb
CARBN; or
CMBST
(WETOX or
CHOXD) fb
CARBN; or
CMBST
(WETOX or
CHOXD) fb
CARBN; or
CMBST
NA
NA
NA
0.15
NA
0.24
(WETOX or
CHOXD) fb
CARBN; or
CMBST
(WETOX or
CHOXD) fb
CARBN; or
CMBST
5.6
CMBST
CMBST
CMBST
RMERC
0.20 mg/L TCLP
0.025 mg/L TCLP
NA
AMLGM
84
CMBST
CMBST
0.75 mg/L TCLP
110
-------
U155
U156
U157
U158
U159
U160
U161
U162
U163
U164
U165
U166
U167
U168
U169
U170
U171
U172
Methapyrilene
Methyl chlorocarbonate
3-Methylcholanthrene
4,4'-Methylene bis(2-
chloroaniline)
Methyl ethyl ketone
Methyl ethyl ketone
peroxide
Methyl isobutyl ketone
Methyl methacrylate
N-Methyl N'-nitro N-
nitrosoguanidine
Methylthiouracil
Naphthalene
1,4-Naphthoquinone
1-Naphthylamine
2-Naphthylamine
Nitrobenzene
p-Nitrophenol
2-Nitropropane
N-Nitrosodi-n-butylamine
Methapyrilene
Methyl chlorocarbonate
3-Methylcholanthrene
4,4'-Methylene bis(2-
chloroaniline)
Methyl ethyl ketone
Methyl ethyl ketone
peroxide
Methyl isobutyl ketone
Methyl methacrylate
N-Methyl N'-nitro N-
nitrosoguanidine
Methylthiouracil
Naphthalene
1,4-Naphthoquinone
1-Naphthylamine
2-Naphthylamine
Nitrobenzene
p-Nitrophenol
2-Nitropropane
N-Nitrosodi-n-butylamine
91-80-5
79-22-1
56-49-5
101-14-
4
78-93-3
1338-
23-4
108-10-
1
80-62-6
70-25-7
56-04-2
91-20-3
130-15-
4
134-32-
7
91-59-8
98-95-3
100-02-
7
79-46-9
924-16-
3
0.081
(WETOX or
CHOXD) fb
CARBN; or
CMBST
0.0055
0.50
0.28
CHOXD;
CHRED;
CARBN;
BIODG; or
CMBST
0.14
0.14
(WETOX or
CHOXD) fb
CARBN; or
CMBST
(WETOX or
CHOXD) fb
CARBN; or
CMBST
0.059
(WETOX or
CHOXD) fb
CARBN; or
CMBST
(WETOX or
CHOXD) fb
CARBN; or
CMBST
0.52
0.068
0.12
(WETOX or
CHOXD) fb
CARBN; or
CMBST
0.040
1.5
CMBST
15
30
36
CHOXD; CHRED;
or CMBST
33
160
CMBST
CMBST
5.6
CMBST
CMBST
CMBST
14
29
CMBST
17
111
-------
U173
U174
U176
U177
U178
U179
U180
U181
U182
U183
U184
U185
U186
U187
U188
U189
N-Nitrosodiethanolamine
N-Nitrosodiethylamine
N-Nitroso-N-ethylurea
N-Nitroso-N-methylurea
N-Nitroso-N-
methylurethane
N-Nitrosopiperidine
N-Nitrosopyrrolidine
5-Nitro-o-toluidine
Paraldehyde
Pentachlorobenzene
Pentachloroethane
Pentachloronitrobenzene
1,3-Pentadiene
Phenacetin
Phenol
Phosphorus sulfide
N-Nitrosodiethanolamine
N-Nitrosodiethylamine
N-Nitroso-N-ethylurea
N-Nitroso-N-methylurea
N-Nitroso-N-
methylurethane
N-Nitrosopiperidine
N-Nitrosopyrrolidine
5-Nitro-o-toluidine
Paraldehyde
Pentachlorobenzene
Pentachloroethane
Pentachloroethane;
alternate6standards for
both wastewaters and
nonwastewaters
Pentachloronitrobenzene
1,3-Pentadiene
Phenacetin
Phenol
Phosphorus sulfide
1116-
54-7
55-1 8-5
759-73-
9
684-93-
5
615-53-
2
100-75-
4
930-55-
2
99-55-8
123-63-
7
608-93-
5
76-01-7
76-01-7
82-68-8
504-60-
9
62-44-2
108-95-
2
1314-
(WETOX or
CHOXD) fb
CARBN; or
CMBST
0.40
(WETOX or
CHOXD) fb
CARBN; or
CMBST
(WETOX or
CHOXD) fb
CARBN; or
CMBST
(WETOX or
CHOXD) fb
CARBN; or
CMBST
0.013
0.013
0.32
(WETOX or
CHOXD) fb
CARBN; or
CMBST
0.055
(WETOX or
CHOXD) fb
CARBN; or
CMBST
0.055
0.055
(WETOX or
CHOXD) fb
CARBN; or
CMBST
0.081
0.039
CHOXD;
CMBST
28
CMBST
CMBST
CMBST
35
35
28
CMBST
10
CMBST
6.0
4.8
CMBST
16
6.2
CHOXd; CHRED;
112
-------
U190
U191
U192
U193
U194
U196
U197
U200
U201
U203
U204
U205
U206
Phthalic anhydride
(measured as Phthalic
acid or Terephthalic acid
2-Picoline
Pronamide
1,3-Propane sultone
n-Propylamine
Pyridine
p-Benzoquinone
Reserpine
Resorcinol
Safrole
Selenium dioxide
Selenium sulfide
Streptozotocin
Phthalic anhydride
(measured as Phthalic acid
or Terephthalic acid)
Phthalic anhydride
(measured as Phthalic acid
or Terephthalic acid)
2-Picoline
Pronamide
1,3-Propane sultone
n-Propylamine
Pyridine
p-Benzoquinone
Reserpine
Resorcinol
Safrole
Selenium
Selenium
Streptozotocin
80-3
100-21-
0
85-44-9
109-06-
8
23950-
58-5
1120-
71-4
107-10-
8
110-86-
1
106-51-
4
50-55-5
108-46-
3
94-59-7
7782-
49-2
7782-
49-2
18883-
66-4
CHRED; or
CMBST
0.055
0.055
(WETOX or
CHOXD) fb
CARBN; or
CMBST
0.093
(WETOX or
CHOXD) fb
CARBN; or
CMBST
(WETOX or
CHOXD) fb
CARBN; or
CMBST
0.014
(WETOX or
CHOXD) fb
CARBN; or
CMBST
(WETOX or
CHOXD) fb
CARBN; or
CMBST
(WETOX or
CHOXD) fb
CARBN; or
CMBST
0.081
0.82
0.82
(WETOX or
CHOXD) fb
CARBN; or
CMBST
or CMBST
28
28
CMBST
1.5
CMBST
CMBST
16
CMBST
CMBST
CMBST
22
5.7 mg/L TCLP
5.7 mg/L TCLP
CMBST
113
-------
U207
U208
U209
U210
U211
U213
U214
U215
U216
U217
U218
U219
U220
U221
U222
U223
U225
U226
U227
U228
1,2,4,5-
Tetrachlorobenzene
1 ,1 ,1 ,2-Tetrachloroethane
1 ,1 ,2,2-Tetrachloroethane
Tetrachloroethylene
Carbon tetrachloride
Tetrahydrofuran
Thallium (I) acetate
Thallium (I) carbonate
Thallium (I) chloride
Thallium (I) nitrate
Thioacetamide
Thiourea
Toluene
Toluenediamine
o-Toluidine hydrochloride
Toluene diisocyanate
Bromoform
(Tribromomethane)
1,1,1-Trichloroethane
1,1,2-Trichloroethane
Trichloroethylene
1,2,4,5-
Tetrachlorobenzene
1 ,1 ,1 ,2-Tetrachloroethane
1 ,1 ,2,2-Tetrachloroethane
Tetrachloroethylene
Carbon tetrachloride
Tetrahydrofuran
Thallium (measured in
waste waters only)
Thallium (measured in
waste waters only)
Thallium (measured in
waste waters only)
Thallium (measured in
waste waters only)
Thioacetamide
Thiourea
Toluene
Toluenediamine
o-Toluidine hydrochloride
Toluene diisocyanate
Bromoform
(Tribromomethane)
1,1,1-Trichloroethane
1,1,2-Trichloroethane
Trichloroethylene
95-94-5
630-20-
6
79-34-5
127-18-
4
56-23-5
109-99-
9
7440-
28-0
7440-
28-0
7440-
28-0
7440-
28-0
62-55-5
62-56-6
108-88-
3
25376-
45-8
636-21-
5
26471-
62-5
75-25-2
71-55-6
79-00-5
79-01-6
0.055
0.057
0.057
0.056
0.057
(WETOX or
CHOXD) fb
CARBN; or
CMBST
1.4
1.4
1.4
1.4
(WETOX or
CHOXD) fb
CARBN; or
CMBST
(WETOX or
CHOXD) fb
CARBN; or
CMBST
0.080
CARBN; or
CMBST
(WETOX or
CHOXD) fb
CARBN; or
CMBST
CARBN; or
CMBST
0.63
0.054
0.054
0.054
14
6.0
6.0
6.0
6.0
CMBST
RTHRM; or
STABL
RTHRM; or
STABL
RTHRM; or
STABL
RTHRM; or
STABL
CMBST
CMBST
10
CMBST
CMBST
CMBST
15
6.0
6.0
6.0
114
-------
U234
U235
U236
U237
U238
U239
U240
U243
U244
U246
U247
U248
U249
1 ,3,5-Trinitrobenzene
tris-(2,3-Dibromopropyl)-
phosphate
Trypan Blue
Uracil mustard
Urethane (Ethyl
carbamate)
Xylenes
2,4-D (2,4-
Dichlorophenoxyacetic
acid)
2,4-D (2,4-
Dichlorophenoxyacetic
acid) salts and esters
Hexachloropropylene
Thiram
Cyanogen bromide
Methoxychlor
Warfarin, & salts, when
present at concentrations
of 0.3% or less
Zinc phosphide, Zn3,P2,
when present at
concentrations of 10% or
less
1 ,3,5-Trinitrobenzene
tris-(2,3-Dibromopropyl)-
phosphate
Trypan Blue
Uracil mustard
Urethane (Ethyl
carbamate)
Xylenes-mixed isomers
(sum of o-, m-, and p-
xylene concentrations)
2,4-0(2,4-
Dichlorophenoxyacetic
acid)
Hexachloropropylene
Thiram
Cyanogen bromide
Methoxychlor
Warfarin
Zinc Phosphide
99-35-4
126-72-
7
72-57-1
66-75-1
51-79-6
1330-
20-7
94-75-7
NA
1888-
71-7
137-26-
8
506-68-
3
72-43-5
81-81-2
1314-
84-7
(WETOX or
CHOXD) fb
CARBN; or
CMBST
0.11
(WETOX or
CHOXD) fb
CARBN; or
CMBST
(WETOX or
CHOXD) fb
CARBN; or
CMBST
(WETOX or
CHOXD) fb
CARBN; or
CMBST
0.32
0.72
(WETOX or
CHOXD) fb
CARBN; or
CMBST
0.035
(WETOX or
CHOXD) fb
CARBN; or
CMBST
CHOXD;
WETOX; or
CMBST
0.25
(WETOX or
CHOXD) fb
CARBN; or
CMBST
CHOXD;
CHRED; or
CMBST
CMBST
0.10
CMBST
CMBST
CMBST
30
10
CMBST
30
CMBST
CHOXD; WETOX;
or CMBST
0.18
CMBST
CHOXD; CHRED;
or CMBST
115
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U271
U278
U279
U280
U328
U353
U359
U364
U367
U372
Benomyl10
Bendiocarb10
Carbaryl10
Barban10
o-Toluidine
p-Toluidine
2-Ethoxyethanol
Bendiocarb phenol10
Carbofuran phenol10
Carbendazim10
Benomyl
Bendiocarb
Carbaryl
Barban
o-Toluidine
p-Toluidine
2-Ethoxyethanol
Bendiocarb phenol
Carbofuran phenol
Carbendazim
17804-
35-2
22781-
23-3
63-25-2
101-27-
9
95-53-4
106-49-
0
110-80-
5
22961-
82-6
1563-
38-8
10605-
0.056; or
CMBST,
CHOXD,
BIODG or
CARBN
0.056; or
CMBST,
CHOXD,
BIODG or
CARBN
0.006; or
CMBST,
CHOXD,
BIODG or
CARBN
0.056; or
CMBST,
CHOXD,
BIODG or
CARBN
CMBST; or
CHOXD fb
(BIODG or
CARBN); or
BIODG fb
CARBN
CMBST; or
CHOXD fb
(BIODG or
CARBN); or
BIODG fb
CARBN
CMBST; or
CHOXD fb
(BIODG or
CARBN); or
BIODG fb
CARBN
0.056; or
CMBST,
CHOXD,
BIODG or
CARBN
0.056; or
CMBST,
CHOXD,
BIODG or
CARBN
0.056; or
1.4; or CMBST
1.4; or CMBST
0.14; or CMBST
1.4; or CMBST
CMBST
CMBST
CMBST
1.4; or CMBST
1.4; or CMBST
1.4; or CMBST
116
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U373
U387
U389
U394
U395
U404
U409
U410
U411
Propham10
Prosulfocarb10
Triallate10
A221310
Diethylene glycol,
dicarbamate1
Triethylamine10
Thiophanate-methyl10
Thiodicarb10
Propoxur10
Propham
Prosulfocarb
Triallate
A2213
Diethylene glycol,
dicarbamate
Triethylamine
Thiophanate-methyl
Thiodicarb
Propoxur
21-7
122-42-
9
52888-
80-9
2303-
17-5
30558-
43-1
5952-
26-1
121-44-
8
23564-
05-8
59669-
26-0
114-26-
1
CMBST,
CHOXD,
BIODG or
CARBN
0.056; or
CMBST,
CHOXD,
BIODG or
CARBN
0.042; or
CMBST,
CHOXD,
BIODG or
CARBN
0.042; or
CMBST,
CHOXD,
BIODG or
CARBN
0.042; or
CMBST,
CHOXD,
BIODG or
CARBN
0.056; or
CMBST,
CHOXD,
BIODG or
CARBN
0.081; or
CMBST,
CHOXD,
BIODG or
CARBN
0.056; or
CMBST,
CHOXD,
BIODG or
CARBN
0.019; or
CMBST,
CHOXD,
BIODG or
CARBN
0.056; or
CMBST,
CHOXD,
BIODG or
CARBN
1.4; or CMBST
1.4; or CMBST
1.4; or CMBST
1.4; or CMBST
1.4; or CMBST
1.5; or CMBST
1.4; or CMBST
1.4; or CMBST
1.4; or CMBST
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Footnotes to Treatment Standard Table 268.40
The waste descriptions provided in this table do not replace waste descriptions in 40 CFR 261.
Descriptions of Treatment/Regulatory Subcategories are provided, as needed, to distinguish between
applicability of different standards.
CAS means Chemical Abstract Services. When the waste code and/or regulated constituents are
described as a combination of a chemical with its salts and/or esters, the CAS number is given for the
parent compound only.
Concentration standards for wastewaters are expressed in mg/L and are based on analysis of
composite samples.
All treatment standards expressed as a Technology Code or combination of Technology Codes are
explained in detail in 40 CFR 268.42 Table 1—Technology Codes and Descriptions of Technology-
Based Standards.
Except for Metals (EP or TCLP) and Cyanides (Total and Amenable) the nonwastewater treatment
standards expressed as a concentration were established, in part, based upon incineration in units
operated in accordance with the technical requirements of 40 CFR Part 264 Subpart O or Part 265
Subpart O, or based upon combustion in fuel substitution units operating in accordance with applicable
technical requirements. A facility may comply with these treatment standards according to provisions in
40 CFR 268.40(d). All concentration standards for nonwastewaters are based on analysis of grab
samples.
[Reserved]
Both Cyanides (Total) and Cyanides (Amenable) for nonwastewaters are to be analyzed using Method
901OC or9012B, found in "Test Methods' for Evaluating Solid Waste, Physical/Chemical Methods,"
EPA Publication SW-846, as incorporated by reference in 40 CFR 260.11, with a sample size of 10
grams and a distillation time of one hour and 15 minutes.
These wastes, when rendered nonhazardous and then subsequently managed in CWA, or CWA-
equivalent systems are not subject to treatment standards. (See §268.1 (cO(3) and (4)).
These wastes, when rendered nonhazardous and then subsequently injected in a Class SDWA well,
are not subject to treatment standards. (See §148.1 (d)).
10 The treatment standard for this waste may be satisfied by either meeting the constituent
concentrations in this table or by treating the waste by the specified 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.
11
For these wastes, the definition of CMBST is limited to: (1) combustion units operating under 40 CFR
266, (2) combustion units permitted under 40 CFR Part 264, Subpart O, or (3) combustion units
operating under 40 CFR 265, Subpart O, which have obtained a determination of equivalent treatment
under 268.42(b).
12
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.
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[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 atvwvw.fdsys.gov.
§ 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 1—Technology Codes and Description of Technology-Based Standards
Technology
code
Description of technology-based standards
ADGAS:
Venting of compressed gases into an absorbing or reacting media (i.e., solid or liquid)—
venting can be accomplished through physical release utilizing valves/piping; physical
penetration of the container; and/or penetration through detonation.
AMLGM:
Amalgamation of liquid, elemental mercury contaminated with radioactive materials utilizing
inorganic reagents such as copper, zinc, nickel, gold, and sulfur that result in a nonliquid,
semi-solid amalgam and thereby reducing potential emissions of elemental mercury vapors
to the air.
BIODG:
Biodegradation of organics or non-metallic inorganics (i.e., degradable inorganics that
contain the elements of phosphorus, nitrogen, and sulfur) in units operated under either
aerobic or anaerobic conditions such that a surrogate compound or indicator parameter has
been substantially reduced in concentration in the residuals (e.g., Total Organic Carbon
can often be used as an indicator parameter for the biodegradation of many organic
constituents that cannot be directly analyzed in wastewater residues).
CARBN:
Carbon adsorption (granulated or powdered) of non-metallic inorganics, organo-metallics,
and/or organic constituents, operated such that a surrogate compound or indicator
parameter has not undergone breakthrough (e.g., Total Organic Carbon can often be used
as an indicator parameter for the adsorption of many organic constituents that cannot be
directly analyzed in wastewater residues). Breakthrough occurs when the carbon has
become saturated with the constituent (or indicator parameter) and substantial change in
adsorption rate associated with that constituent occurs.
CHOXD:
Chemical or electrolytic oxidation utilizing the following oxidation reagents (or waste
reagents) or combinations of reagents: (1) Hypochlorite (e.g., bleach); (2) chlorine; (3)
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chlorine dioxide; (4) ozone or UV (ultraviolet light) assisted ozone; (5) peroxides; (6)
persulfates; (7) perchlorates; (8) permangantes; and/or (9) other oxidizing reagents of
equivalent efficiency, performed in units operated such that a surrogate compound or
indicator parameter has been substantially reduced in concentration in the residuals (e.g.,
Total Organic Carbon can often be used as an indicator parameter for the oxidation of
many organic constituents that cannot be directly analyzed in wastewater residues).
Chemical oxidation specifically includes what is commonly referred to as alkaline
chlorination.
CHRED:
Chemical reduction utilizing the following reducing reagents (or waste reagents) or
combinations of reagents: (1) Sulfur dioxide; (2) sodium, potassium, or alkali salts or
sulfites, bisulfites, metabisulfites, and polyethylene glycols (e.g., NaPEG and KPEG); (3)
sodium hydrosulfide; (4) ferrous salts; and/or (5) other reducing reagents of equivalent
efficiency, performed in units operated such that a surrogate compound or indicator
parameter has been substantially reduced in concentration in the residuals (e.g., Total
Organic Halogens can often be used as an indicator parameter for the reduction of many
halogenated organic constituents that cannot be directly analyzed in wastewater residues).
Chemical reduction is commonly used for the reduction of hexavalent chromium to the
trivalent state.
CMBST:
High temperature organic destruction technologies, such as combustion in incinerators,
boilers, or industrial furnaces operated in accordance with the applicable requirements of
40 CFR part 264, subpart O, or 40 CFR part 265, subpart O, or 40 CFR part 266, subpart
H, and in other units operated in accordance with applicable technical operating
requirements; and certain non-combustive technologies, such as the Catalytic Extraction
Process.
DEACT:
Deactivation to remove the hazardous characteristics of a waste due to its ignitability,
corrosivity, and/or reactivity.
FSUBS:
Fuel substitution in units operated in accordance with applicable technical operating
requirements.
HLVIT:
Vitrification of high level mixed radioactive wastes in units in compliance with all applicable
radioactive protection requirements under control of the Nuclear Regulatory Commission.
IMERC:
Incineration of wastes containing organics and mercury in units operated in accordance
with the technical operating requirements of 40 CFR part 264 subpart 0 and part 265
subpart 0. All wastewater and nonwastewater residues derived from this process must then
comply with the corresponding treatment standards per waste code with consideration of
any applicable subcategories (e.g., High or Low Mercury Subcategories).
INCIN:
Incineration in units operated in accordance with the technical operating requirements of 40
CFR part 264 subpart 0 and part 265 subpart 0.
LLEXT:
Liquid-liquid extraction (often referred to as solvent extraction) of organics from liquid
wastes into an immiscible solvent for which the hazardous constituents have a greater
solvent affinity, resulting in an extract high in organics that must undergo either incineration,
reuse as a fuel, or other recovery/reuse and a raffinate (extracted liquid waste)
proportionately low in organics that must undergo further treatment as specified in the
standard.
MACRO:
Macroencapsulation with surface coating materials such as polymeric organics (e.g., resins
and plastics) or with a jacket of inert inorganic materials to substantially reduce surface
exposure to potential leaching media. Macroencapsulation specifically does not include any
material that would be classified as a tank or container according to 40 CFR 260.10.
NEUTR:
Neutralization with the following reagents (or waste reagents) or combinations of reagents:
(1) Acids; (2) bases; or (3) water (including wastewaters) resulting in a pH greater than 2
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but less than 12.5 as measured in the aqueous residuals.
NLDBR:
No land disposal based on recycling.
POLYM:
Formation of complex high-molecular weight solids through polymerization of monomers in
high-TOC D001 non-wastewaters which are chemical components in the manufacture of
plastics.
PRECP:
Chemical precipitation of metals and other inorganics as insoluble precipitates of oxides,
hydroxides, carbonates, sulfides, sulfates, chlorides, flourides, or phosphates. The
following reagents (or waste reagents) are typically used alone or in combination: (1) Lime
(i.e., containing oxides and/or hydroxides of calcium and/or magnesium; (2) caustic (i.e.,
sodium and/or potassium hydroxides; (3) soda ash (i.e., sodium carbonate); (4) sodium
sulfide; (5) ferric sulfate or ferric chloride; (6) alum; or (7) sodium sulfate. Additional
floculating, coagulation or similar reagents/processes that enhance sludge dewatering
characteristics are not precluded from use.
RBERY:
Thermal recovery of Beryllium.
RCGAS:
Recovery/reuse of compressed gases including techniques such as reprocessing of the
gases for reuse/resale; filtering/adsorption of impurities; remixing for direct reuse or resale;
and use of the gas as a fuel source.
RCORR:
Recovery of acids or bases utilizing one or more of the following recovery technologies: (1)
Distillation (i.e., thermal concentration); (2) ion exchange; (3) resin or solid adsorption; (4)
reverse osmosis; and/or (5) incineration for the recovery of acid—Note: this does not
preclude the use of other physical phase separation or concentration techniques such as
decantation, filtration (including ultrafiltration), and centrifugation, when used in conjunction
with the above listed recovery technologies.
RLEAD:
Thermal recovery of lead in secondary lead smelters.
RMERC:
Retorting or roasting in a thermal processing unit capable of volatilizing mercury and
subsequently condensing the volatilized mercury for recovery. The retorting or roasting unit
(or facility) must be subject to one or more of the following: (a) a National Emissions
Standard for Hazardous Air Pollutants (NESHAP) for mercury; (b) a Best Available Control
Technology (BACT) or a Lowest Achievable Emission Rate (LAER) standard for mercury
imposed pursuant to a Prevention of Significant Deterioration (PSD) permit; or (c) a state
permit that establishes emission limitations (within meaning of section 302 of the Clean Air
Act) for mercury. All wastewater and nonwastewater residues derived from this process
must then comply with the corresponding treatment standards per waste code with
consideration of any applicable subcategories (e.g., High or Low Mercury Subcategories).
RMETL:
Recovery of metals or inorganics utilizing one or more of the following direct
physical/removal technologies: (1) Ion exchange; (2) resin or solid (i.e., zeolites)
adsorption; (3) reverse osmosis; (4) chelation/solvent extraction; (5) freeze crystalization;
(6) ultrafiltration and/or (7) simple precipitation (i.e., crystalization)— Note: This does not
preclude the use of other physical phase separation or concentration techniques such as
decantation, filtration (including ultrafiltration), and centrifugation, when used in conjunction
with the above listed recovery technologies.
RORGS:
Recovery of organics utilizing one or more of the following technologies: (1) Distillation; (2)
thin film evaporation; (3) steam stripping; (4) carbon adsorption; (5) critical fluid extraction;
(6) liquid-liquid extraction; (7) precipitation/crystalization (including freeze crystallization); or
(8) chemical phase separation techniques (i.e., addition of acids, bases, demulsifiers, or
similar chemicals);—Note: this does not preclude the use of other physical phase
separation techniques such as a decantation, filtration (including ultrafiltration), and
centrifugation, when used in conjunction with the above listed recovery technologies.
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RTHRM:
Thermal recovery of metals or inorganics from nonwastewaters in units identified as
industrial furnaces according to 40 CFR 260.10 (1), (6), (7), (11), and (12) under the
definition of "industrial furnaces".
RZINC:
Resmelting in high temperature metal recovery units for the purpose of recovery of zinc.
STABL:
Stabilization with the following reagents (or waste reagents) or combinations of reagents:
(1) Portland cement; or (2) lime/pozzolans (e.g., fly ash and cement kiln dust)—this does
not preclude the addition of reagents (e.g., iron salts, silicates, and clays) designed to
enhance the set/cure time and/or compressive strength, or to overall reduce the leachability
of the metal or inorganic.
SSTRP:
Steam stripping of organics from liquid wastes utilizing direct application of steam to the
wastes operated such that liquid and vapor flow rates, as well as temperature and pressure
ranges, have been optimized, monitored, and maintained. These operating parameters are
dependent upon the design parameters of the unit, such as the number of separation
stages and the internal column design, thus, resulting in a condensed extract high in
organics that must undergo either incineration, reuse as a fuel, or other recovery/reuse and
an extracted wastewater that must undergo further treatment as specified in the standard.
VTD:
Vacuum thermal desorption of low-level radioactive hazardous mixed waste in units in
compliance with all applicable radioactive protection requirements under control of the
Nuclear Regulatory Commission.
WETOX:
Wet air oxidation performed in units operated such that a surrogate compound or indicator
parameter has been substantially reduced in concentration in the residuals (e.g., Total
Organic Carbon can often be used as an indicator parameter for the oxidation of many
organic constituents that cannot be directly analyzed in wastewater residues).
WTRRX:
Controlled reaction with water for highly reactive inorganic or organic chemicals with
precautionary controls for protection of workers from potential violent reactions as well as
precautionary controls for potential emissions of toxic/ignitable levels of gases released
during the reaction.
Note 1: When a combination of these technologies (i.e., a treatment train) is specified as a single treatment standard,
the order of application is specified in §268.42, Table 2 by indicating the five letter technology code that must be
applied first, then the designation "fb." (an abbreviation for "followed by"), then the five letter technology code for the
technology that must be applied next, and so on.
Note 2: When more than one technology (or treatment train) are specified as alternative treatment standards, the five
letter technology codes (or the treatment trains) are separated by a semicolon (;) with the last technology preceded
by the word "OR". This indicates that any one of these BOAT technologies or treatment trains can be used for
compliance with the standard.
(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 forwastes 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:
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(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, D010, 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; 73 FR 27767, May 14, 2008]
§ 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 ortreater 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:
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,
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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 theFederal 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.
(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 10~4to 10~6; 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.
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(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
§260.20(b)(1)-(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.
(I) 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 the Treatment Standards Under §268.40
Facility
name1and
address
Craftsman
Plating and
Tinning, Corp.,
Chicago, IL
CWM Chemical
Services, LLC,
Model City, New
York
DuPont
Waste
code
F006
K0889
F039
See also
Table
CCWE in
268.40
Standards
under
§268.40
Standards
Regulated
hazardous
constituent
Cyanides (Total)
Cyanides
(Amenable)
Cadmium
Chromium
Lead
Nickel
Arsenic
1,3-
Waste waters
Concentration
(mg/l)
1.2
.86
1.6
.32
.040
.44
1.4
NA
Notes
A
fand3)
NA
NA
Nonwastewaters
Concentration
(mg/kg)
1800
30
NA
NA
NA
NA
5.0 mg/L TCLP
CMBST;
Notes
(4)
(4)
NA
C)
125
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Environmental
Treatment
Chambers
Works,
Deepwater, NJ
Dupont
Environmental
Treatment —
Chambers
Works
Wastewater
Treatment Plant,
Deepwater, NJ8
Energy
Solutions LLC,
Clive, UT(14)
Guardian
Industries
Jefferson Hills,
PA (6), (11), and
(12)
Owens
Brockway Glass
Container
Company,
Vernon CA67
Northwestern
Plating Works,
Inc., Chicago, IL
St. Gobain
Containers, El
Monte, CA5J
U.S. Ecology
Idaho,
Incorporated,
Grandview,
Idaho
K088
P- and U-
listed
hazardous
waste
requiring
CMBST
D010
Standards
under
268.40
D010
F006
D010
K0881U
under
§268.40
Standards
under
§268.40
Standards
under
268.40
Selenium
Standards
under
§268.40
Table
CCWE in
268.40
Standards
under
§268.40
Standards
under
§268.40
phenylenediamine
1,3-PDA
Arsenic
NA
NA
Selenium
Cyanides (Total)
Cyanides
(Amenable)
Cadmium
Chromium
Lead
Nickel
Selenium
Arsenic
1.4
NA
NA
NA
1.2
.86
1.6
.32
.040
.44
NA
1.4
NA
NA
11
mg/L
TCLP
NA
("and3)
A
NA
NA
CHOXD fb
BIODG or
CARBN; or
BIODG fb
CARBN
5.0 mg/L TCLP
CMBST or VTD
NA
51 mg/L TCLP
970
30
NA
NA
NA
NA
25 mg/L TCLP
5.0 mg/L TCLP
NA
NA
NA.
(4)
(4)
NA.
NA
126
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(1)—A facility may certify compliance with these treatment standards according to provisions in 40 CFR 268.7.
(2)—Cyanide Wastewater Standards for F006 are based on analysis of composite samples.
(3)—These facilities must comply with 0.86 mg/l for amenable cyanides in the wastewater exiting the alkaline
chlorination system. These facilities must also comply with 40 CFR §268.7.a.4 for appropriate monitoring frequency
consistent with the facilities' waste analysis plan.
(4)—Cyanide nonwastewaters are analyzed using SW-846 Method 901OC or 9012B, as incorporated by reference in
§260.11 of this chapter, sample size 10 grams, distillation time, 1 hour and 15 minutes.
(5)—Alternative D010 selenium standard only applies to dry scrubber solid from glass manufacturing wastes.
(6)—Alternative D010 selenium standard only applies to electrostatic precipitator dust generated during glass
manufacturing operations.
(7)—D010 wastes generated by these two facilities must be treated by Chemical Waste Management, Inc. at their
Kettleman Hills facility in Kettleman City, California.
(8)—Dupont Environmental Treatment-Chambers Works must dispose of this waste in their on-site Subtitle C
hazardous waste landfill.
(9)—This treatment standard applies only to K088-derived bag house dust, incinerator ash, and filtercake at this
facility.
(10)—This treatment standard applies only to K088-derived air emission control dust generated by this facility.
(11)—D010 wastes generated by this facility may be treated by Heritage Environmental Services, LLC at their RCRA
permitted treatment facility in Indianapolis, Indiana or by Chemical Waste Management, Chemical Services Inc. at
their RCRA permitted treatment facility in Model City, New York.
(12)—D010 waste generated by this facility may be treated by Chemical Waste Management, Chemical Services,
LLC. at their treatment facility in Model City, New York.
(13)—This treatment standard applies to 1,3-PDA in biosludge from treatment of F039.
(14)—This site-specific treatment variance applies only to solid treatment residue resulting from the vacuum thermal
desorption (VTD) of P- and U-listed hazardous waste containing radioactive contamination ("mixed waste") at the
Energy Solutions ' LLC facility in Clive, Utah that otherwise requires CMBST as the LDR treatment standard. Once
the P- and U-listed mixed waste are treated using VTD, the solid treatment residue can be land disposed at Energy
Solutions ' onsite RCRA permitted mixed waste landfill without further treatment. This treatment variance is
conditioned on Energy Solutions complying with a Waste Family Demonstration Testing Plan specifically addressing
the treatment of these P- and U-listed wastes, with this plan being implemented through a RCRA Part B permit
modification for the VTD unit.
Note: NA means Not Applicable.
[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; 73 FR 27767,
May 14, 2008]
§ 268.45 Treatment standards for hazardous debris.
127
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(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.
(5) Waste PCBs. Hazardous debris that is also a waste PCS 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 1 is a hazardous waste and must be managed in a subtitle C facility.
(d) Treatment residuals —(1) General requirements. Except as provided by paragraphs (d)(2) and (d)(4) of this
section:
(i) Residue from the treatment of hazardous debris must be separated from the treated debris using simple physical
or mechanical means; and
(ii) Residue from the treatment of hazardous debris is subject to the waste-specific treatment standards 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.
128
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(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 spelling. Layers of debris removed by spelling are hazardous debris that remain subject to the
treatment standards of this section.
Table 1—Alternative Treatment Standards For Hazardous Debris1
Technology description
Performance and/or design
and operating standard
Contaminant restrictions
A. Extraction Technologies:
1. Physical Extraction
a. Abrasive Blasting: Removal of
contaminated debris surface layers
using water and/or air pressure to
propel a solid media (e.g., steel
shot, aluminum oxide grit, plastic
beads)
Glass, Metal, Plastic, Rubber:
Treatment to a clean debris
surface.3
Brick, Cloth, Concrete, Paper,
Pavement, Rock, Wood:
Removal of at least 0.6 cm of the
surface layer; treatment to a
clean debris surface.3
All Debris: None.
b. Scarification, Grinding, and
Planing: Process utilizing striking
piston heads, saws, or rotating
grinding wheels such that
contaminated debris surface layers
are removed
Same as above
Same as above.
c. Spalling: Drilling or chipping
holes at appropriate locations and
depth in the contaminated debris
surface and applying a tool which
exerts a force on the sides of those
holes such that the surface layer is
removed. The surface layer
removed remains hazardous debris
subject to the debris treatment
standards
Same as above
Same as above.
d. Vibratory Finishing: Process
utilizing scrubbing media, flushing
fluid, and oscillating energy such
that hazardous contaminants or
contaminated debris surface layers
are removed.4
Same as above
Same as above.
e. High Pressure Steam and Water
Sprays: Application of water or
steam sprays of sufficient
Same as above
Same as above.
129
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temperature, pressure, residence
time, agitation, surfactants, and
detergents to remove hazardous
contaminants from debris surfaces
or to remove contaminated debris
surface layers
2. Chemical Extraction
a. Water Washing and Spraying:
Application of water sprays or
water baths of sufficient
temperature, pressure, residence
time, agitation, surfactants, acids,
bases, and detergents to remove
hazardous contaminants from
debris surfaces and surface pores
or to remove contaminated debris
surface layers
All Debris: Treatment to a clean
debris surface3;
Brick, Cloth, Concrete, Paper,
Pavement, Rock, Wood: Debris
must be no more than 1.2 cm (
1/2 inch) in one dimension (i.e.,
thickness limit,5except that this
thickness limit may be waived
under an "Equivalent
Technology" approval under
§268.42(b);8debris surfaces must
be in contact with water solution
for at least 15 minutes
Brick, Cloth, Concrete, Paper,
Pavement, Rock, Wood:
Contaminant must be soluble
to at least 5% by weight in
water solution or 5% by weight
in emulsion; if debris is
contaminated with a dioxin-
listed waste,6an "Equivalent
Technology" approval under
§268.42(b) must be obtained.
b. Liquid Phase Solvent Extraction:
Removal of hazardous
contaminants from debris surfaces
and surface pores by applying a
nonaqueous liquid or liquid solution
which causes the hazardous
contaminants to enter the liquid
phase and be flushed away from
the debris along with the liquid or
liquid solution while using
appropriate agitation, temperature,
and residence time.4
Same as above
Brick, Cloth, Concrete, Paper,
Pavement, Rock, Wood:
Same as above, except that
contaminant must be soluble
to at least 5% by weight in the
solvent.
c. Vapor Phase Solvent Extraction:
Application of an organic vapor
using sufficient agitation, residence
time, and temperature to cause
hazardous contaminants on
contaminated debris surfaces and
surface pores to enter the vapor
phase and be flushed away with
the organic vapor.4
Same as above, except that
brick, cloth, concrete, paper,
pavement, rock and wood
surfaces must be in contact with
the organic vapor for at least 60
minutes
Same as above.
3. Thermal Extraction
a. High Temperature Metals
Recovery: Application of sufficient
heat, residence time, mixing,
fluxing agents, and/or carbon in a
smelting, melting, or refining
furnace to separate metals from
debris
For refining furnaces, treated
debris must be separated from
treatment residuals using simple
physical or mechanical
means,9and, prior to further
treatment, such residuals must
meet the waste-specific
treatment standards for organic
compounds in the waste
Debris contaminated with a
dioxin-listed waste: 5Obtain an
"Equivalent Technology"
approval under §268.42(b).8
130
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b. Thermal Desorption: Heating in
an enclosed chamber under either
oxidizing or nonoxidizing
atmospheres at sufficient
temperature and residence time to
vaporize hazardous contaminants
from contaminated surfaces and
surface pores and to remove the
contaminants from the heating
chamber in a gaseous exhaust
gas.7
B. Destruction Technologies:
1 . Biological Destruction
(Biodegradation): Removal of
hazardous contaminants from
debris surfaces and surface pores
in an aqueous solution and
biodegradation of organic or
nonmetallic inorganic compounds
(i.e., inorganics that contain
phosphorus, nitrogen, or sulfur) in
units operated under either aerobic
or anaerobic conditions
2. Chemical Destruction
a. Chemical Oxidation: Chemical or
electrolytic oxidation utilizing the
following oxidation reagents (or
waste reagents) or combination of
reagents — (1) hypochlorite (e.g.,
bleach); (2) chlorine; (3) chlorine
dioxide; (4) ozone or UV (ultraviolet
light) assisted ozone; (5)
peroxides; (6) persulfates; (7)
perchlorates; (8) permanganates;
and/or (9) other oxidizing reagents
contaminating the debris
All Debris: Obtain an "Equivalent
Technology" approval under
§268.42(b);8treated debris must
be separated from treatment
residuals using simple physical
or mechanical means, 9and, prior
to further treatment, such residue
must meet the waste-specific
treatment standards for organic
compounds in the waste
contaminating the debris
Brick, Cloth, Concrete, Paper,
Pavement, Rock, Wood: Debris
must be no more than 10 cm (4
inches) in one dimension (i.e.,
thickness limit),5except that this
thickness limit may be waived
under the "Equivalent
Technology" approval
All Debris: Obtain an "Equivalent
Technology" approval under
§268.42(b);8treated debris must
be separated from treatment
residuals using simple physical
or mechanical means, 9and, prior
to further treatment, such residue
must meet the waste-specific
treatment standards for organic
compounds in the waste
contaminating the debris
Brick, Cloth, Concrete, Paper,
Pavement, Rock, Wood: Debris
must be no more than 1 .2 cm (
1/2 inch) in one dimension (i.e.,
thickness limit),5except that this
thickness limit may be waived
under the "Equivalent
Technology" approval
All Debris: Obtain an "Equivalent
Technology" approval under
§268.42(b);8treated debris must
be separated from treatment
residuals using simple physical
or mechanical means, 9and, prior
to further treatment, such residue
must meet the waste-specific
treatment standards for organic
compounds in the waste
contaminating the debris
All Debris: Metals other than
mercury.
All Debris: Metal
contaminants.
All Debris: Metal
contaminants.
131
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of equivalent destruction
efficiency.4Chemical oxidation
specifically includes what is
referred to as alkaline chlorination
Brick, Cloth, Concrete, Paper,
Pavement, Rock, Wood: Debris
must be no more than 1.2 cm (
1/2 inch) in one dimension (i.e.,
thickness limit),5except that this
thickness limit may be waived
under the "Equivalent
Technology" approval
b. Chemical Reduction: Chemical
reaction utilizing the following
reducing reagents (or waste
reagents) or combination of
reagents: (1) sulfur dioxide; (2)
sodium, potassium, or alkali salts
of sulfites, bisulfites, and
metabisulfites, and polyethylene
glycols (e.g., NaPEG and KPEG);
(3) sodium hydrosulfide; (4) ferrous
salts; and/or (5) other reducing
reagents of equivalent efficiency.4
Same as above
Same as above.
3. Thermal Destruction: Treatment
in an incinerator operating in
accordance with Subpart O of
Parts 264 or 265 of this chapter; a
boiler or industrial furnace
operating in accordance with
Subpart H of Part 266 of this
chapter, or other thermal treatment
unit operated in accordance with
Subpart X, Part 264 of this chapter,
or Subpart P, Part 265 of this
chapter, but excluding for purposes
of these debris treatment standards
Thermal Desorption units
Treated debris must be
separated from treatment
residuals using simple physical
or mechanical means,9and, prior
to further treatment, such residue
must meet the waste-specific
treatment standards for organic
compounds in the waste
contaminating the debris
Brick, Concrete, Glass, Metal,
Pavement, Rock, Metal:
Metals other than mercury,
except that there are no metal
restrictions for vitrification.
Debris contaminated with a
dioxin-listed waste. 6Obtain an
"Equivalent Technology"
approval under
§268.42(b),8except that this
requirement does not apply to
vitrification.
C. Immobilization Technologies:
1. Macroencapsulation: Application
of surface coating materials such
as polymeric organics (e.g., resins
and plastics) or use of a jacket of
inert inorganic materials to
substantially reduce surface
exposure to potential leaching
media
Encapsulating material must
completely encapsulate debris
and be resistant to degradation
by the debris and its
contaminants and materials into
which it may come into contact
after placement (leachate, other
waste, microbes)
None.
2. Microencapsulation: Stabilization
of the debris with the following
reagents (or waste reagents) such
that the leachability of the
hazardous contaminants is
reduced: (1) Portland cement; or
(2) lime/pozzolans (e.g., fly ash
and cement kiln dust). Reagents
(e.g., iron salts, silicates, and
Leachability of the hazardous
contaminants must be reduced
None.
132
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clays) may be added to enhance
the set/cure time and/or
compressive strength, or to reduce
the leachability of the hazardous
constituents.5
3. Sealing: Application of an
appropriate material which adheres
tightly to the debris surface to avoid
exposure of the surface to potential
leaching media. When necessary
to effectively seal the surface,
sealing entails pretreatment of the
debris surface to remove foreign
matter and to clean and roughen
the surface. Sealing materials
include epoxy, silicone, and
urethane compounds, but paint
may not be used as a sealant
Sealing must avoid exposure of
the debris surface to potential
leaching media and sealant must
be resistent to degradation by
the debris and its contaminants
and materials into which it may
come into contact after
placement (leachate, other
waste, microbes)
None.
1 Hazardous debris must be treated by either these standards or the waste-specific treatment standards for the waste
contaminating the debris. The treatment standards must be met for each type of debris contained in a mixture of
debris types, unless the debris is converted into treatment residue as a result of the treatment process. Debris
treatment residuals are subject to the waste-specific treatment standards for the waste contaminating the debris.
2Contaminant restriction means that the technology is not BOAT for that contaminant. If debris containing a restricted
contaminant is treated by the technology, the contaminant must be subsequently treated by a technology for which it
is not restricted in order to be land disposed (and excluded from Subtitle C regulation).
3"Clean debris surface" means the surface, when viewed without magnification, shall be free of all visible
contaminated soil and hazardous waste except that residual staining from soil and waste consisting of light shadows,
slight streaks, or minor discolorations, and soil and waste in cracks, crevices, and pits may be present provided that
such staining and waste and soil in cracks, crevices, and pits shall be limited to no more than 5% of each square inch
of surface area.
4Acids, solvents, and chemical reagents may react with some debris and contaminants to form hazardous
compounds. For example, acid washing of cyanide-contaminated debris could result in the formation of hydrogen
cyanide. Some acids may also react violently with some debris and contaminants, depending on the concentration of
the acid and the type of debris and contaminants. Debris treaters should refer to the safety precautions specified in
Material Safety Data Sheets for various acids to avoid applying an incompatible acid to a particular
debris/contaminant combination. For example, concentrated sulfuric acid may react violently with certain organic
compounds, such as acrylonitrile.
5lf reducing the particle size of debris to meet the treatment standards results in material that no longer meets the 60
mm minimum particle size limit for debris, such material is subject to the waste-specific treatment standards for the
waste contaminating the material, unless the debris has been cleaned and separated from contaminated soil and
waste prior to size reduction. At a minimum, simple physical or mechanical means must be used to provide such
cleaning and separation of nondebris materials to ensure that the debris surface is free of caked soil, waste, or other
nondebris material.
6Dioxin-listed wastes are EPA Hazardous Waste numbers FO20, FO21, FO22, FO23, FO26, and FO27.
7Thermal desorption is distinguished from Thermal Destruction in that the primary purpose of Thermal Desorption is
to volatilize contaminants and to remove them from the treatment chamber for subsequent destruction or other
treatment.
133
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8The demonstration "Equivalent Technology" under §268.42(b) must document that the technology treats
contaminants subject to treatment to a level equivalent to that required by the performance and design and operating
standards for other technologies in this table such that residual levels of hazardous contaminants will not pose a
hazard to human health and the environment absent management controls.
9Any soil, waste, and other nondebris material that remains on the debris surface (or remains mixed with the debris)
after treatment is considered a treatment residual that must be separated from the debris using, at a minimum, simple
physical or mechanical means. Examples of simple physical or mechanical means are vibratory or trommel screening
or water washing. The debris surface need not be cleaned to a "clean debris surface" as defined in note 3 when
separating treated debris from residue; rather, the surface must be free of caked soil, waste, or other nondebris
material. Treatment residuals are subject to the waste-specific treatment standards for the waste contaminating the
debris.
[57 FR 37277, Aug. 18, 1992, as amended at 59 FR 48103, Sept. 19, 1994; 63 FR 28738, May 26, 1998; 71 FR
40279, July 14, 2006]
§ 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(i),
these treatment standards may not be exceeded. Compliance with these treatment standards is measured by an
analysis of grab samples, unless otherwise noted in the following Table UTS.
Universal Treatment Standards
[Note: NA means not applicable]
Regulated constituent
common name
Organic Constituents
Acenaphthylene
Acenaphthene
Acetone
Acetonitrile
Acetophenone
2-Acetylaminofluorene
Acrolein
CAS1
number
208-96-
8
83-32-9
67-64-1
75-05-8
96-86-2
53-96-3
107-02-
8
Wastewater
standard
Concentration^
mg/l
0.059
0.059
0.28
5.6
0.010
0.059
0.29
Nonwastewater
standard
Concentrationjin mg/kg
unless noted as "mg/l TCLP"
3.4
3.4
160
38
9.7
140
NA
134
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Acrylamide
Acrylonitrile
Aldrin
4-Aminobiphenyl
Aniline
o-Anisidine (2-methoxyaniline)
Anthracene
Aramite
alpha-BHC
beta-BHC
delta-BHC
gamma-BHC
Benzene
Benz(a)anthracene
Benzal chloride
Benzo(b)fluoranthene (difficult to
distinguish from benzo(k)fluoranthene)
Benzo(k)fluoranthene (difficult to
distinguish from benzo(b)fluoranthene)
Benzo(g,h,i)perylene
Benzo(a)pyrene
Bromodichloromethane
Bromomethane/Methyl bromide
4-Bromophenyl phenyl ether
n-Butyl alcohol
Butyl benzyl phthalate
2-sec-Butyl-4,6-dinitrophenol/Dinoseb
Carbon disulfide
Carbon tetrachloride
79-06-1
107-13-
1
309-00-
2
92-67-1
62-53-3
90-04-0
120-12-
7
140-57-
8
319-84-
6
319-85-
7
319-86-
8
58-89-9
71-43-2
56-55-3
98-87-3
205-99-
2
207-08-
9
191-24-
2
50-32-8
75-27-4
74-83-9
101-55-
3
71-36-3
85-68-7
88-85-7
75-1 5-0
56-23-5
19
0.24
0.021
0.13
0.81
0.010
0.059
0.36
0.00014
0.00014
0.023
0.0017
0.14
0.059
0.055
0.11
0.11
0.0055
0.061
0.35
0.11
0.055
5.6
0.017
0.066
3.8
0.057
23
84
0.066
NA
14
0.66
3.4
NA
0.066
0.066
0.066
0.066
10
3.4
6.0
6.8
6.8
1.8
3.4
15
15
15
2.6
28
2.5
4.8 mg/l TCLP
6.0
135
-------
Chlordane (alpha and gamma isomers)
p-Chloroaniline
Chlorobenzene
Chlorobenzilate
2-Chloro-1 ,3-butadiene
Chlorodibromomethane
Chloroethane
bis(2-Chloroethoxy)methane
bis(2-Chloroethyl)ether
Chloroform
bis(2-Chloroisopropyl)ether
p-Chloro-m-cresol
2-Chloroethyl vinyl ether
Chloromethane/Methyl chloride
2-Chloronaphthalene
2-Chloropchenol
3-Chloropropylene
Chrysene
p-Cresidine
o-Cresol
m-Cresol (difficult to distinguish from p-
cresol)
p-Cresol (difficult to distinguish from m-
cresol)
Cyclohexanone
o,p'-DDD
57-74-9
106-47-
8
108-90-
7
510-15-
6
126-99-
8
124-48-
1
75-00-3
111-91-
1
111-44-
4
67-66-3
39638-
32-9
59-50-7
110-75-
8
74-87-3
91-58-7
95-57-8
107-05-
1
218-01-
9
120-71-
8
95-48-7
108-39-
4
106-44-
5
108-94-
1
53-1 9-0
0.0033
0.46
0.057
0.10
0.057
0.057
0.27
0.036
0.033
0.046
0.055
0.018
0.062
0.19
0.055
0.044
0.036
0.059
0.010
0.11
0.77
0.77
0.36
0.023
0.26
16
6.0
NA
0.28
15
6.0
7.2
6.0
6.0
7.2
14
NA
30
5.6
5.7
30
3.4
0.66
5.6
5.6
5.6
0.75 mg/l TCLP
0.087
136
-------
p,p'-DDD
o,p'-DDE
p,p'-DDE
o,p'-DDT
p,p'-DDT
Dibenz(a,h)anthracene
Dibenz(a,e)pyrene
1 ,2-Dibromo-3-chloropropane
1 ,2-Dibromoethane/Ethylene dibromide
Dibromomethane
m-Dichlorobenzene
o-Dichlorobenzene
p-Dichlorobenzene
Dichlorodifluoromethane
1,1-Dichloroethane
1,2-Dichloroethane
1,1-Dichloroethylene
trans-1 ,2-Dichloroethylene
2,4-Dichlorophenol
2,6-Dichlorophenol
2,4-Dichlorophenoxyacetic acid/2, 4-D
1,2-Dichloropropane
cis-1 ,3-Dichloropropylene
trans-1 ,3-Dichloropropylene
Dieldrin
Diethyl phthalate
p-Dimethylaminoazobenzene
72-54-8
3424-
82-6
72-55-9
789-02-
6
50-29-3
53-70-3
192-65-
4
96-12-8
106-93-
4
74-95-3
541-73-
1
95-50-1
106-46-
7
75-71-8
75-34-3
107-06-
2
75-35-4
156-60-
5
120-83-
2
87-65-0
94-75-7
78-87-5
10061-
01-5
10061-
02-6
60-57-1
84-66-2
60-11-7
0.023
0.031
0.031
0.0039
0.0039
0.055
0.061
0.11
0.028
0.11
0.036
0.088
0.090
0.23
0.059
0.21
0.025
0.054
0.044
0.044
0.72
0.85
0.036
0.036
0.017
0.20
0.13
0.087
0.087
0.087
0.087
0.087
8.2
NA
15
15
15
6.0
6.0
6.0
7.2
6.0
6.0
6.0
30
14
14
10
18
18
18
0.13
28
NA
137
-------
2,4-Dimethylaniline (2,4-xylidine)
2,4-Dimethyl phenol
Dimethyl phthalate
Di-n-butyl phthalate
1,4-Dinitrobenzene
4,6-Dinitro-o-cresol
2,4-Dinitrophenol
2,4-Dinitrotoluene
2,6-Dinitrotoluene
Di-n-octyl phthalate
Di-n-propylnitrosamine
1 ,4-Dioxane
Diphenylamine (difficult to distinguish from
diphenylnitrosamine)
Diphenylnitrosamine (difficult to distinguish
from diphenylamine)
1 ,2-Diphenylhydrazine
Disulfoton
Endosulfan I
Endosulfan II
Endosulfan sulfate
Endrin
Endrin aldehyde
Ethyl acetate
Ethyl benzene
95-68-1
105-67-
9
131-11-
3
84-74-2
100-25-
4
534-52-
1
51-28-5
121-14-
2
606-20-
2
117-84-
0
621-64-
7
123-91-
1
122-39-
4
86-30-6
122-66-
7
298-04-
4
959-98-
8
33213-
65-9
1031-
07-8
72-20-8
7421-
93-4
141-78-
6
100-41-
0.010
0.036
0.047
0.057
0.32
0.28
0.12
0.32
0.55
0.017
0.40
12.0
0.92
0.92
0.087
0.017
0.023
0.029
0.029
0.0028
0.025
0.34
0.057
0.66
14
28
28
2.3
160
160
140
28
28
14
170
13
13
NA
6.2
0.066
0.13
0.13
0.13
0.13
33
10
138
-------
Ethyl cyanide/Propanenitrile
Ethyl ether
bis(2-Ethylhexyl)phthalate
Ethyl methacrylate
Ethylene oxide
Famphur
Fluoranthene
Fluorene
Heptachlor
1,2,3,4,6,7,8-Heptachlorodibenzo-p-dioxin
(1,2,3,4,6,7,8-HpCDD)
1,2,3,4,6,7,8-Heptachlorodibenzofluran
(1,2,3,4,6,7,8-HpCDF)
1,2,3,4,7,8,9-Heptachlorodibenzofluran
(1, 2,3,4, 7,8,9-HpCDF)
Heptachlor epoxide
Hexachloro benzene
Hexachloro butadiene
Hexachlorocyclopentadiene
HxCDDs (All Hexachlorodibenzo-p-dioxins)
HxCDFs (All Hexachlorodibenzofurans)
Hexachloroethane
Hexachloro propylene
lndeno(1,2,3-c,d) pyrene
lodomethane
Isobutyl alcohol
Isodrin
Isosafrole
4
107-12-
0
60-29-7
117-81-
7
97-63-2
75-21-8
52-85-7
206-44-
0
86-73-7
76-44-8
35822-
46-9
67562-
39-4
55673-
89-7
1024-
57-3
118-74-
1
87-68-3
77-47-4
NA
NA
67-72-1
1888-
71-7
193-39-
5
74-88-4
78-83-1
465-73-
6
120-58-
1
0.24
0.12
0.28
0.14
0.12
0.017
0.068
0.059
0.0012
0.000035
0.000035
0.000035
0.016
0.055
0.055
0.057
0.000063
0.000063
0.055
0.035
0.0055
0.19
5.6
0.021
0.081
360
160
28
160
NA
15
3.4
3.4
0.066
.0025
.0025
.0025
0.066
10
5.6
2.4
0.001
0.001
30
30
3.4
65
170
0.066
2.6
139
-------
Kepone
Methacrylonitrile
Methanol
Methapyrilene
Methoxychlor
3-Methylcholanthrene
4,4-Methylene bis(2-chloroaniline)
Methylene chloride
Methyl ethyl ketone
Methyl isobutyl ketone
Methyl methacrylate
Methyl methanesulfonate
Methyl parathion
Naphthalene
2-Naphthylamine
o-Nitroaniline
p-Nitroaniline
Nitrobenzene
5-Nitro-o-toluidine
o-Nitrophenol
p-Nitrophenol
N-Nitrosodiethylamine
N-Nitrosodimethylamine
N-Nitroso-di-n-butylamine
N-Nitrosomethylethylamine
N-Nitrosomorpholine
N-Nitrosopiperidine
N-Nitrosopyrrolidine
143-50-
0
126-98-
7
67-56-1
91-80-5
72-43-5
56-49-5
101-14-
4
75-09-2
78-93-3
108-10-
1
80-62-6
66-27-3
298-00-
0
91-20-3
91-59-8
88-74-4
100-01-
6
98-95-3
99-55-8
88-75-5
100-02-
7
55-1 8-5
62-75-9
924-16-
3
10595-
95-6
59-89-2
100-75-
4
930-55-
0.0011
0.24
5.6
0.081
0.25
0.0055
0.50
0.089
0.28
0.14
0.14
0.018
0.014
0.059
0.52
0.27
0.028
0.068
0.32
0.028
0.12
0.40
0.40
0.40
0.40
0.40
0.013
0.013
0.13
84
0.75 mg/l TCLP
1.5
0.18
15
30
30
36
33
160
NA
4.6
5.6
NA
14
28
14
28
13
29
28
2.3
17
2.3
2.3
35
35
140
-------
1,2,3,4,6,7,8,9-Octachlorodibenzo-p-dioxin
(OCDD)
1,2,3,4,6,7,8,9-Octachlorodibenzofluran
(OCDF)
Parathion
Total PCBs (sum of all PCB isomers, or all
Aroclors)8
Pentachlorobenzene
PeCDDs (All Pentachlorodibenzo-p-
dioxins)
PeCDFs (All Pentachlorodibenzofurans)
Pentachloroethane
Pentachloronitrobenzene
Pentachlorophenol
Phenacetin
Phenanthrene
Phenol
1 ,3-Phenylenediamine
Phorate
Phthalic acid
Phthalic anhydride
Pronamide
Pyrene
Pyridine
Safrole
Silvex/2,4,5-TP
1 ,2,4,5-Tetrachlorobenzene
TCDDs (All Tetrachlorodibenzo-p-dioxins)
TCDFs (All Tetrachlorodibenzofurans)
2
3268-
87-9
39001-
02-0
56-38-2
1336-
36-3
608-93-
5
NA
NA
76-01-7
82-68-8
87-86-5
62-44-2
85-01-8
108-95-
2
108-45-
2
298-02-
2
100-21-
0
85-44-9
23950-
58-5
129-00-
0
110-86-
1
94-59-7
93-72-1
95-94-3
NA
NA
0.000063
0.000063
0.014
0.10
0.055
0.000063
0.000035
0.055
0.055
0.089
0.081
0.059
0.039
0.010
0.021
0.055
0.055
0.093
0.067
0.014
0.081
0.72
0.055
0.000063
0.000063
0.005
0.005
4.6
10
10
0.001
0.001
6.0
4.8
7.4
16
5.6
6.2
0.66
4.6
28
28
1.5
8.2
16
22
7.9
14
0.001
0.001
141
-------
1,1,1 ,2-Tetrachloroethane
1 ,1 ,2,2-Tetrachloroethane
Tetrachloroethylene
2,3,4,6-Tetrachlorophenol
Toluene
Toxaphene
Tribromomethane/Bromoform
1 ,2,4-Trichlorobenzene
1,1,1-Trichloroethane
1,1,2-Trichloroethane
Trichloroethylene
Trichlorofluoromethane
2,4,5-Trichlorophenol
2,4,6-Trichlorophenol
2,4,5-Trichlorophenoxyaceticacid/2,4,5-T
1 ,2,3-Trichloropropane
1 ,1 ,2-Trichloro-1 ,2,2-trifluoroethane
tris-(2,3-Dibromopropyl) phosphate
Vinyl chloride
Xylenes-mixed isomers (sum of o-, m-, and
p-xylene concentrations)
Inorganic Constituents
Antimony
Arsenic
Barium
Beryllium
Cadmium
630-20-
6
79-34-5
127-18-
4
58-90-2
108-88-
3
8001-
35-2
75-25-2
120-82-
1
71-55-6
79-00-5
79-01-6
75-69-4
95-95-4
88-06-2
93-76-5
96-1 8-4
76-1 3-1
126-72-
7
75-01-4
1330-
20-7
7440-
36-0
7440-
38-2
7440-
39-3
7440-
41-7
7440-
43-9
0.057
0.057
0.056
0.030
0.080
0.0095
0.63
0.055
0.054
0.054
0.054
0.020
0.18
0.035
0.72
0.85
0.057
0.11
0.27
0.32
1.9
1.4
1.2
0.82
0.69
6.0
6.0
6.0
7.4
10
2.6
15
19
6.0
6.0
6.0
30
7.4
7.4
7.9
30
30
0.10
6.0
30
1.15mg/ITCLP
5.0 mg/l TCLP
21 mg/l TCLP
1 .22 mg/l TCLP
0.11 mg/l TCLP
142
-------
Chromium (Total)
Cyanides (Total)4
Cyanides (Amenable)4
Fluorideb
Lead
Mercury — Nonwastewater from Retort
Mercury — All Others
Nickel
Selenium'
Silver
Sulfideb
Thallium
Vanadiumb
Zincb
7440-
47-3
57-12-5
57-12-5
16984-
48-8
7439-
92-1
7439-
97-6
7439-
97-6
7440-
02-0
7782-
49-2
7440-
22-4
18496-
25-8
7440-
28-0
7440-
62-2
7440-
66-6
2.77
1.2
0.86
35
0.69
NA
0.15
3.98
0.82
0.43
14
1.4
4.3
2.61
0.60 mg/l TCLP
590
30
NA
0.75 mg/l TCLP
0.20 mg/l TCLP
0.025 mg/l TCLP
1 1 mg/l TCLP
5.7 mg/l TCLP
0.1 4 mg/l TCLP
NA
0.20 mg/l TCLP
1 .6 mg/l TCLP
4.3 mg/l TCLP
Footnotes to Table UTS
CAS means Chemical Abstract Services. When the waste code and/or regulated constituents are
described as a combination of a chemical with it's salts and/or esters, the CAS number is given for the
parent compound only.
2 Concentration standards for wastewaters are expressed in mg/l and are based on analysis of composite
samples.
3 Except for Metals (EP or TCLP) and Cyanides (Total and Amenable) the nonwastewater treatment
standards expressed as a concentration were established, inpart, based upon incineration in units
operated in accordance with the technical requirements of 40 CFR part 264, subpart O or 40 CFR part
265, subpart O, or based upon combustion in fuel substitution units operating in accordance with
applicable technical requirements. A facility may comply with these treatment standards according to
provisions in 40 CFR 268.40(d). All concentration standards for nonwastewaters are based on analysis
of grab samples.
4 Both Cyanides (Total) and Cyanides (Amenable) for nonwastewaters are to be analyzed using Method
9010C or9012B, found in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," EPA
Publication SW-846, as incorporated by reference in 40 CFR 260.11, with a sample size of 10 grams
143
-------
and a distillation time of one hour and 15 minutes.
5 These constituents are not "underlying hazardous constituents" in characteristic wastes, according to
the definition at §268.2(i).
6 Between August 26, 1996, and March 4, 1998, these constituents are not "underlying hazardous
constituents" as defined at §268.2(i) of this Part.
7 This constituent is not an underlying hazardous constituent as defined at §268.2(i) of this Part because
its UTS level is greater than its TC level, thus a treatment selenium waste would always be
characteristically hazardous, unless it is treated to below its characteristic level.
8 This standard is temporarily deferred for soil exhibiting a hazardous characteristic due to D004-D011
only.
[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; 75 FR 13008, Mar. 18, 2010]
§ 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:
If LDRs
Applied to the listed waste when
it contaminated the soil*
Didn't apply to the listed waste
when it contaminated the soil*
Didn't apply to the listed waste
when it contaminated the soil*
Didn't apply to the listed waste
when it contaminated the soil*
And if LDRs
Apply to the
listed waste now
Apply to the
listed waste now
Apply to the
listed waste now
Don't apply to
the listed waste
now
And if
The soil is determined to contain the
listed waste when the soil is first
generated
The soil is determined not to contain
the listed waste when the soil is first
generated
Then you
Must comply
with LDRs
Must comply
with LDRs.
Needn't
comply with
LDRs.
Needn't
comply with
LDRs.
*For dates of LDR applicability, see 40 CFR Part 268 Appendix VII. To determine the date any given listed hazardous
waste contaminated any given volume of soil, use the last date any given listed hazardous waste was placed into any
given land disposal unit or, in the case of an accidental spill, the date of the spill.
(b) Prior to land disposal, 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.
144
-------
(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)(1)(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)(1)(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) So//s that exhibit the characteristic of ignitability, corrosivity or reactivity. In addition to the treatment required by
paragraph (c)(1) of this section, prior to land disposal, soils that exhibit the characteristic of ignitability, corrosivity, or
reactivity must be treated to eliminate these characteristics.
(3) So//s that contain nonanalyzable constituents. In addition to the treatment requirements of paragraphs (c)(1) and
(2) of this section, prior to land disposal, the following treatment is required for soils that contain nonanalyzable
constituents:
(A) For soil that contains only analyzable and nonanalyzable organic constituents, treatment of the analyzable
organic constituents to the levels specified in paragraphs (c)(1) and (2) of this section; or,
(B) For soil that contains only nonanalyzable constituents, treatment by the method(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]
145
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E— on
§ 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:
(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 761.65(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 PCS 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]
146
-------
Appendixes I-II to Part 268 [Reserved]
Appendix III to Part 268—List of Halogenated Organic Compounds
Regulated Under §268.32
In determining the concentration of HOCs in a hazardous waste for purposes of the §268.32 land disposal prohibition,
EPA has defined the HOCs that must be included in a calculation as any compounds having a carbon-halogen bond
which are listed in this Appendix (see §268.2). Appendix III to Part 268 consists of the following compounds:
I. Volatiles
1. Bromodichloromethane
2. Bromomethane
3. Carbon Tetrachloride
4. Chlorobenzene
5. 2-Chloro-1,3-butadiene
6. Chlorodibromomethane
7. Chloroethane
8. 2-Chloroethyl vinyl ether
9. Chloroform
10. Chloromethane
11. 3-Chloropropene
12. 1,2-Dibromo-3-chloropropane
13. 1,2-Dibromomethane
14. Dibromomethane
15. Trans-1,4-Dichloro-2—butene
16. Dichlorodifluoromethane
17. 1,1-Dichloroethane
18. 1,2-Dichloroethane
19. 1,1-Dichloroethylene
20. Trans-1,2-Dichloroethene
147
-------
21. 1,2-Dichloropropane
22. Trans-1,3-Dichloropropene
23. cis-1,3-Dichloropropene
24. lodomethane
25. Methylene chloride
26. 1,1,1,2-Tetrachloroethane
27. 1,1,2,2-Tetrachloroethane
28. Tetrachloroethene
29. Tribromomethane
30. 1,1,1-Trichloroethane
31. 1,1,2-Trichloroethane
32. Trichlorothene
33. Trichloromonofluoromethane
34. 1,2,3-Thrichloropropane
35. Vinyl Chloride
II. Semivolatiles
1. Bis(2-chloroethoxy)ethane
2. Bis(2-chloroethyl)ether
3. Bis(2-chloroisopropyl)ether
4. p-Chloroaniline
5. Chlorobenzilate
6. p-Chloro-m-cresol
7. 2-Chloronaphthalene
8. 2-Chlorphenol
9. 3-Chloropropionitrile
10. m-Dichlorobenzene
11. o-Dichlorobenzene
148
-------
12. p-Dichlorobenzene
13. 3.3'-Dichlorobenzidine
14. 2,4-Dichlorophenol
15. 2,6-Dichlorophenol
16. Hexachlorobenzene
17. Hexachlorobutadiene
18. Hexachlorocyclopentadiene
19. Hexachloroethane
20. Hexachloroprophene
21. Hexachlorpropene
22. 4,4'-Methylenebis(2-chloroanaline)
23. Pentachlorobenzene
24. Pentachloroethane
25. Pentachloronitrobenzene
26. Pentachlorophenol
27. Pronamide
28. 1,2,4,5-Tetrachlorobenzene
29. 2,3,4,6-Tetrachlorophenol
30. 1,2,4-Trichlorobenzene
31. 2,4,5-Trichlorophenol
32. 2,4,6-Trichlorophenol
33. Tris(2,3-dibromopropyl)phosphate
III. Organochlorine Pesticides
1. Aldrin
2. alpha-BHC
3. beta-BHC
4. delta-BHC
149
-------
5. gamma-BHC
6. Chlorodane
7. ODD
8. DDE
9. DDT
10. Dieldrin
11. Endosulfan I
12. Endosulfan II
13. Endrin
14. Endrin aldehyde
15. Heptachlor
16. Heptachlor epoxide
17. Isodrin
18. Kepone
19. Methoxyclor
20. Toxaphene
IV. Phenoxyacetic Acid Herbicides
1. 2,4-Dichlorophenoxyacetic acid
2. Silvex
3. 2,4,5-T
V. PCBs
1. Aroclor 1016
2. Aroclor1221
3. Aroclor 1232
4. Aroclor 1242
5. Aroclor 1248
6. Aroclor 1254
150
-------
7. Aroclor 1260
8. PCBs not otherwise specified
VI. Dioxins and Furans
1. Hexachlorodibenzo-p-dioxins
2. Hexachlorodibenzofuran
3. Pentachlorodibenzo-p-dioxins
4. Pentachlorodibenzofuran
5. Tetrachlorodibenzo-p-dioxins
6. Tetrachlorodibenzofuran
7. 2,3,7,8-Tetrachlorodibenzo-p-dioxin
[65 FR 81380, Dec. 26, 2000]
Appendix IV to Part 268—Wastes Excluded From Lab Packs Under the
Alternative Treatment Standards of §268.42 (c)
Hazardous waste with the following EPA Hazardous Waste Codes may not be placed in lab packs under the
alternative lab pack treatment standards of §268.42(c): D009, F019, K003, K004, K005, K006, K062, K071, K100,
K106, P010, P011, P012, P076, P078, U134, U151.
[59 FR 48107 Sept. 19, 1994]
Appendix V to Part 268 [Reserved]
Appendix VI to Part 268—Recommended Technologies To Achieve
Deactivation of Characteristics in Section 268.42
The treatment standard for many characteristic wastes is stated in the §268.40 Table of Treatment Standards as
"Deactivation and meet UTS." EPA has determined that many technologies, when used alone or in combination, can
achieve the deactivation portion of the treatment standard. Characteristic wastes that are not managed in a facility
regulated by the Clean Water Act (CWA) or in a CWA-equivalent facility, and that also contain underlying hazardous
constituents (see §268.2(i)) must be treated not only by a "deactivating" technology to remove the characteristic, but
also to achieve the universal treatment standards (UTS) for underlying hazardous constituents. The following
appendix presents a partial list of technologies, utilizing the five letter technology codes established in 40 CFR 268.42
Table 1, that may be useful in meeting the treatment standard. Use of these specific technologies is not mandatory
and does not preclude direct reuse, recovery, and/or the use of other pretreatment technologies, provided
deactivation is achieved and underlying hazardous constituents are treated to achieve the UTS.
Waste code/subcategory
D001 Ignitable Liquids based on 261.21(a)(1)— Low TOC
Nonwastewaters
RORGS
Waste waters
n.a.
151
-------
Nonwastewater Subcategory (containing 1% to <10% TOC)
D001 Ignitable Liquids based on 261.21(a)(1)— Ignitable
Wast ewater Subcategory (containing <1% TOC)
D001 Compressed Gases based on 261.21(A)(3)
D001 Ignitable Reactives based on 261.21(a)(2)
D001 Ignitable Oxidizers based on 261.21(a)(4)
D002 Acid Subcategory based on 261 .22(a)(1) with pH less than
or equal to 2
D002 Alkaline Subcategory based on 261 .22(a)(1) with pH
greater than or equal to 12.5
D002 Other Corrosives based on 261 .22(a)(2)
D003 Water Reactives based on 261 .23(a) (2), (3), and (4)
D003 Reactive Sulfides based on 261 .23(a)(5)
D003 Explosives based on 261.23(a) (6), (7), and (8)
D003 Other Reactives based on 261 .23(a)(1)
INCIN
WETOX
CHOXD
BIODG
n.a.
RCGAS
INCIN
FSUBS
ADGAS fb. INCIN
ADGAS fb. (CHOXD; or
CHRED)
WTRRX
CHOXD
CHRED
STABL
INCIN
CHRED
INCIN
RCORR
NEUTR
INCIN
NEUTR
INCIN
CHOXD
CHRED
INCIN
STABL
INCIN
WTRRX
CHOXD
CHRED
CHOXD
CHRED
INCIN
STABL
INCIN
CHOXD
CHRED
INCIN
CHOXD
CHRED
RORGS
INCIN
WETOX
CHOXD
BIODG
n.a.
n.a.
CHRED
INCIN
NEUTR
INCIN
NEUTR
INCIN
CHOXD
CHRED
INCIN
n.a.
CHOXD
CHRED
BIODG
INCIN
INCIN
CHOXD
CHRED
BIODG
CARBN
INCIN
CHOXD
CHRED
BIODG
152
-------
K044 Wast ewater treatment sludges from the manufacturing and
processing of explosives
K045 Spent carbon from the treatment of wastewaters containing
explosives
K047 Pink/red water from TNT operations
CHOXD
CHRED
INCIN
CHOXD
CHRED
INCIN
CHOXD
CHRED
INCIN
CARBN
CHOXD
CHRED
BIODG
CARBN
INCIN
CHOXD
CHRED
BIODG
CARBN
INCIN
CHOXD
CHRED
BIODG
CARBN
INCIN
Note: "n.a." stands for "not applicable"; "fb." stands for "followed by".
[55 FR 22714, June 1, 1990, as amended at 62 FR 26025, May 12, 1997]
Appendix VII to Part 268—LDR Effective Dates of Surface Disposed
Prohibited Hazardous Wastes
Table 1—Effective Dates of Surface Disposed Wastes (Non-Soil and Debris) Regulated in the LDRSa
Comprehensive List
Waste code
D001C
D001
D002C
D003
D004
D004
D005
D005
Waste category
All (except High TOC Ignitable Liquids)
High TOC Ignitable Liquids
All
Newly identified surface-disposed elemental phosphorus
processing wastes
Newly identified D004 and mineral processing wastes
Mixed radioactive/newly identified D004 or mineral
processing wastes
Newly identified D005 and mineral processing wastes
Mixed radioactive/newly identified D005 or mineral
processing wastes
Effective
date
Aug. 9,
1993.
Aug. 8,
1990.
Aug. 9,
1993.
May 26,
2000.
Aug. 24,
1998.
May 26,
2000
Aug. 24,
1998.
May 26,
2000.
153
-------
D006
D006
D007
D007
D008
D008
D009
D009
D010
D010
D011
D011
D012 (that exhibit the toxicity
characteristic based on the
TCLP)d
D013 (that exhibit the toxicity
characteristic based on the
TCLP)d
D014 (that exhibit the toxicity
characteristic based on the
TCLP)d
D015 (that exhibit the toxicity
characteristic based on the
TCLP)d
D016 (that exhibit the toxicity
characteristic based on the
TCLP)d
D017 (that exhibit the toxicity
characteristic based on the
TCLP)d
D018
Newly identified D006 and mineral processing wastes
Mixed radioactive/newly identified D006 or mineral
processing wastes
Newly identified D007 and mineral processing wastes
Mixed radioactive/newly identified D007 or mineral
processing wastes
Newly identified D008 and mineral processing waste
Mixed radioactive/newly identified D008 or mineral
processing wastes
Newly identified D009 and mineral processing waste
Mixed radioactive/newly identified D009 or mineral
processing wastes
Newly identified D010 and mineral processing wastes
Mixed radioactive/newly identified D010 or mineral
processing wastes
Newly identified D011 and mineral processing wastes
Mixed radioactive/newly identified D011 or mineral
processing wastes
All
All
All
All
All
All
Mixed with radioactive wastes
Aug. 24,
1998.
May 26,
2000.
Aug. 24,
1998.
May 26,
2000.
Aug. 24,
1998.
May 26,
2000.
Aug. 24,
1998.
May 26,
2000.
Aug. 24,
1998.
May 26,
2000.
Aug. 24,
1998.
May 26,
2000.
Dec. 14,
1994.
Dec. 14,
1994.
Dec. 14,
1994.
Dec. 14,
1994.
Dec. 14,
1994.
Dec. 14,
1994.
Sept. 19,
154
-------
D018
D019
D019
D020
D020
D021
D021
D022
D022
D023
D023
D024
D024
D025
D025
D026
D026
D027
D027
D028
All others
Mixed with radioactive wastes
All others
Mixed with radioactive wastes
All others
Mixed with radioactive wastes
All others
Mixed with radioactive wastes
All others
Mixed with radioactive wastes
All others
Mixed with radioactive wastes
All others
Mixed with radioactive wastes
All others
Mixed with radioactive wastes
All others
Mixed with radioactive wastes
All others
Mixed with radioactive wastes
1996.
Dec. 19,
1994.
Sept. 19,
1996.
Dec. 19,
1994.
Sept. 19,
1996.
Dec. 19,
1994.
Sept. 19,
1996.
Dec. 19,
1994.
Sept. 19,
1996.
Dec. 19,
1994.
Sept. 19,
1996.
Dec. 19,
1994.
Sept. 19,
1996.
Dec. 19,
1994.
Sept. 19,
1996.
Dec. 19,
1994.
Sept. 19,
1996.
Dec. 19,
1994.
Sept. 19,
1996.
Dec. 19,
1994.
Sept. 19,
1996.
155
-------
D028
D029
D029
D030
D030
D031
D031
D032
D032
D033
D033
D034
D034
D035
D035
D036
D036
D037
D037
D038
D038
All others
Mixed with radioactive wastes
All others
Mixed with radioactive wastes
All others
Mixed with radioactive wastes
All others
Mixed with radioactive wastes
All others
Mixed with radioactive wastes
All others
Mixed with radioactive wastes
All others
Mixed with radioactive wastes
All others
Mixed with radioactive wastes
All others
Mixed with radioactive wastes
All others
Mixed with radioactive wastes
All others
Dec. 19,
1994.
Sept. 19,
1996.
Dec. 19,
1994.
Sept. 19.
1996.
Dec. 19,
1994.
Sept. 19,
1996.
Dec. 19,
1994.
Sept. 19,
1996.
Dec. 19,
1994.
Sept. 19,
1996.
Dec. 19,
1994.
Sept. 19,
1996.
Dec. 19,
1994.
Sept. 19,
1996.
Dec. 19,
1994.
Sept. 19,
1996.
Dec. 19,
1994.
Sept. 19,
1996.
Dec. 19,
1994.
Sept. 19,
1996.
Dec. 19,
1994.
156
-------
D039
D039
D040
D040
D041
D041
D042
D042
D043
D043
F001
F001
F002 (1 ,1 ,2-trichloroethane)
F002
F002
F003
F003
F004
F004
F005 (benzene, 2-ethoxy
Mixed with radioactive wastes
All others
Mixed with radioactive wastes
All others
Mixed with radioactive wastes
All others
Mixed with radioactive wastes
All others
Mixed with radioactive wastes
All others
Small quantity generators, CERCLA response/RCRA
corrective action, initial generator's solvent-water mixtures,
solvent-containing sludges and solids
All others
Wastewater and Nonwastewater
Small quantity generators, CERCLA response/RCRA
corrective action, initial generator's solvent-water mixtures,
solvent-containing sludges and solids
All others
Small quantity generators, CERCLA response/RCRA
corrective action, initial generator's solvent-water mixtures,
solvent-containing sludges and solids
All others
Small quantity generators, CERCLA response/RCRA
corrective action, initial generator's solvent-water mixtures,
solvent-containing sludges and solids
All others
Wastewater and Nonwastewater
Sept. 19,
1996.
Dec. 19,
1994.
Sept. 19,
1996.
Dec. 19,
1994.
Sept. 19,
1996.
Dec. 19,
1994.
Sept. 19,
1996.
Dec. 19,
1994.
Sept. 19,
1996.
Dec. 19,
1994.
Nov. 8,
1988.
Nov. 8,
1986.
Aug. 8,
1990.
Nov. 8,
1988.
Nov. 8,
1986.
Nov. 8,
1988.
Nov. 8,
1986.
Nov. 8,
1988.
Nov. 8,
1986.
Aug. 8,
157
-------
ethanol, 2-nitropropane)
F005
F005
F006
F006
F006 (cyanides)
F007
F008
F009
F010
F011 (cyanides)
F011
F012 (cyanides)
F012
F019
F020
F021
F025
F026
F027
F028
Small quantity generators, CERCLA response/RCRA
corrective action, initial generator's solvent-water mixtures,
solvent-containing sludges and solids
All others
Wastewater
Nonwastewater
Nonwastewater
All
All
All
All
Nonwastewater
All others
Nonwastewater
All others
All
All
All
All
All
All
All
1990.
Nov. 8,
1988.
Nov. 8,
1986.
Aug. 8,
1990.
Aug. 8,
1988.
July8,
1989.
July8,
1989.
JulyS,
1989.
JulyS,
1989.
June 8,
1989.
Dec. 8,
1989.
JulyS,
1989.
Dec. 8,
1989.
JulyS,
1989.
Aug. 8,
1990.
Nov. 8,
1988.
Nov. 8,
1988.
Aug. 8,
1990.
Nov. 8,
1988.
Nov. 8,
1988.
Nov. 8,
1988.
158
-------
F032
F032
F034
F034
F035
F035
F037
F037
F037
F038
F038
F038
F039
F039
K001 (organics)b
K001
K002
K003
K004
K004
K005
Mixed with radioactive wastes
All others
Mixed with radioactive wastes
All others
Mixed with radioactive wastes
All others
Not generated from surface impoundment cleanouts or
closures
Generated from surface impoundment cleanouts or closures
Mixed with radioactive wastes
Not generated from surface impoundment cleanouts or
closures
Generated from surface impoundment cleanouts or closures
Mixed with radioactive wastes
Wastewater
Nonwastewater
All
All others
All
All
Wastewater
Nonwastewater
Wastewater
May 12,
1999
Aug. 12,
1997.
May 12,
1999
Aug. 12,
1997.
May 12,
1999.
Aug. 12,
1997.
June 30,
1993.
June 30,
1994.
June 30,
1994.
June 30,
1993.
June 30,
1994.
June 30,
1994.
Aug. 8,
1990.
May 8,
1992.
Aug. 8,
1988.
Aug. 8,
1988.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1988.
Aug. 8,
1990.
159
-------
K005
K006
K007
K007
K008
K008
K009
K010
K011
K011
K013
K013
K014
K014
K015
K015
K016
K017
K018
K019
K020
Nonwastewater
All
Wastewater
Nonwastewater
Wastewater
Nonwastewater
All
All
Wastewater
Nonwastewater
Wastewater
Nonwastewater
Wastewater
Nonwastewater
Wastewater
Nonwastewater
All
All
All
All
All
June 8,
1989.
Aug. 8,
1990.
Aug. 8,
1990.
June 8,
1989.
Aug. 8,
1990.
Aug. 8,
1988.
June 8,
1989.
June 8,
1989.
Aug. 8,
1990.
June 8,
1989.
Aug. 8,
1990.
June 8,
1989.
Aug. 8,
1990.
June 8,
1989.
Aug. 8,
1988.
Aug. 8,
1990.
Aug. 8,
1988.
Aug. 8,
1990.
Aug. 8,
1988.
Aug. 8,
1988.
Aug. 8,
1988.
160
-------
K021
K021
K022
K022
K023
K024
K025
K025
K026
K027
K028 (metals)
K028
K029
K029
K030
K031
K031
K032
K033
K034
K035
Wastewater
Nonwastewater
Wastewater
Nonwastewater
All
All
Wastewater
Nonwastewater
All
All
Nonwastewater
All others
Wastewater
Nonwastewater
All
Wastewater
Nonwastewater
All
All
All
All
Aug. 8,
1990.
Aug. 8,
1988.
Aug. 8,
1990.
Aug. 8,
1988.
June 8,
1989.
Aug. 8,
1988.
Aug. 8,
1990.
Aug. 8,
1988.
Aug. 8,
1990.
June 8,
1989.
Aug. 8,
1990.
June 8,
1989.
Aug. 8,
1990.
June 8,
1989.
Aug. 8,
1988.
Aug. 8,
1990.
May 8,
1992.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
161
-------
K036
K036
K037b
K037
K038
K039
K040
K041
K042
K043
K044
K045
K046 (Nonreactive)
K046
K047
K048
K048
K049
K049
K050
K050
Wastewater
Nonwastewater
Wastewater
Nonwastewater
All
All
All
All
All
All
All
All
Nonwastewater
All others
All
Wastewater
Nonwastewater
Wastewater
Nonwastewater
Wastewater
Nonwastewater
June 8,
1989.
Aug. 8,
1988.
Aug. 8,
1988.
Aug. 8,
1988.
June 8,
1989.
June 8,
1989.
June 8,
1989.
Aug. 8,
1990.
Aug. 8,
1990.
June 8,
1989.
Aug. 8,
1988.
Aug. 8,
1988.
Aug. 8,
1988.
Aug. 8,
1990.
Aug. 8,
1988.
Aug. 8,
1990.
Nov. 8,
1990.
Aug. 8,
1990.
Nov. 8,
1990.
Aug. 8,
1990.
Nov. 8,
1990.
162
-------
K051
K051
K052
K052
K060
K060
K061
K061
K062
K069 (Non-Calcium Sulfate)
K069
K071
K073
K083
K084
K084
K085
K086 (organics)b
K086
K087
K088
Wastewater
Nonwastewater
Wastewater
Nonwastewater
Wastewater
Nonwastewater
Wastewater
Nonwastewater
All
Nonwastewater
All others
All
All
All
Wastewater
Nonwastewater
All
All
All others
All
All others
Aug. 8,
1990.
Nov. 8,
1990.
Aug. 8,
1990.
Nov. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1988.
Aug. 8,
1990.
June 30,
1992.
Aug. 8,
1988.
Aug. 8,
1988.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
May 8,
1992.
Aug. 8,
1990.
Aug. 8,
1988.
Aug. 8,
1988.
Aug. 8,
1988.
Oct. 8,
1997.
163
-------
K088
K093
K094
K095
K095
K096
K096
K097
K098
K099
K100
K100
K101 (organics)
K101 (metals)
K101 (organics)
K101 (metals)
K102 (organics)
K1 02 (metals)
K102 (organics)
K1 02 (metals)
K103
All others
All
All
Wastewater
Nonwastewater
Wastewater
Nonwastewater
All
All
All
Wastewater
Nonwastewater
Wastewater
Wastewater
Nonwastewater
Nonwastewater
Wastewater
Wastewater
Nonwastewater
Nonwastewater
All
Jan. 8,
1997.
June 8,
1989.
June 8,
1989.
Aug. 8,
1990.
June 8,
1989.
Aug. 8,
1990.
June 8,
1989.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1988.
Aug. 8,
1990.
Aug. 8,
1988.
Aug. 8,
1988.
Aug. 8,
1990.
Aug. 8,
1988.
May 8,
1992.
Aug. 8,
1988.
Aug. 8,
1990.
Aug. 8,
1988.
May 8,
1992.
Aug. 8,
1988.
164
-------
K104
K105
K106
K106
K107
K107
K108
K108
K109
K109
K110
K110
K111
K111
K112
K112
K113
K114
K115
K116
K117
All
All
Wastewater
Nonwastewater
Mixed with radioactive wastes
All others
Mixed with radioactive wastes
All others
Mixed with radioactive wastes
All others
Mixed with radioactive wastes
All others
Mixed with radioactive wastes
All others
Mixed with radioactive wastes
All others
All
All
All
All
Mixed with radioactive wastes
Aug. 8,
1988.
Aug. 8,
1990.
Aug. 8,
1990.
May 8,
1992.
June 30,
1994.
Nov. 9,
1992.
June 30,
1994.
Nov. 9,
1992.
June 30,
1994.
Nov. 9,
1992.
June 30,
1994.
Nov. 9,
1992.
June 30,
1994.
Nov. 9,
1992.
June 30,
1994.
Nov. 9,
1992.
June 8,
1989.
June 8,
1989.
June 8,
1989.
June 8,
1989.
June 30,
1994.
165
-------
K117
K118
K118
K123
K123
K124
K124
K125
K125
K126
K126
K131
K131
K132
K132
K136
K136
K141
K141
K142
K142
All others
Mixed with radioactive wastes
All others
Mixed with radioactive wastes
All others
Mixed with radioactive wastes
All others
Mixed with radioactive wastes
All others
Mixed with radioactive wastes
All others
Mixed with radioactive wastes
All others
Mixed with radioactive wastes
All others
Mixed with radioactive wastes
All others
Mixed with radioactive wastes
All others
Mixed with radioactive wastes
All others
Nov. 9,
1992.
June 30,
1994.
Nov. 9,
1992.
June 30,
1994.
Nov. 9,
1992.
June 30,
1994.
Nov. 9,
1992.
June 30,
1994.
Nov. 9,
1992.
June 30,
1994.
Nov. 9,
1992.
June 30,
1994.
Nov. 9,
1992.
June 30,
1994.
Nov. 9,
1992.
June 30,
1994.
Nov. 9,
1992.
Sep. 19,
1996.
Dec. 19,
1994.
Sep. 19,
1996.
Dec. 19,
1994.
166
-------
K143
K143
K144
K144
K145
K145
K147
K147
K148
K148
K149
K149
K150
K150
K151
K151
K156
K156
K157
K157
K158
Mixed with radioactive wastes
All others
Mixed with radioactive wastes
All others
Mixed with radioactive wastes
All others
Mixed with radioactive wastes
All others
Mixed with radioactive wastes
All others
Mixed with radioactive wastes
All others
Mixed with radioactive wastes
All others
Mixed with radioactive wastes
All others
Mixed with radioactive wastes
All others
Mixed with radioactive wastes
All others
Mixed with radioactive wastes
Sep. 19,
1996.
Dec. 19,
1994.
Sep. 19,
1996.
Dec. 19,
1994.
Sep. 19,
1996.
Dec. 19,
1994.
Sep. 19,
1996.
Dec. 19,
1994.
Sep. 19,
1996.
Dec. 19,
1994.
Sep. 19,
1996.
Dec. 19,
1994.
Sep. 19,
1996.
Dec. 19,
1994.
Sep. 19,
1996.
Dec. 19,
1994.
Apr. 8,
1998.
July8,
1996.
Apr. 8,
1998.
July8,
1996.
Apr. 8,
1998.
167
-------
K158
K159
K159
K160
K160
K161
K161
P001
P002
POOS
P004
POOS
P006
P007
POOS
P009
P010
P010
P011
P011
P012
All others
Mixed with radioactive wastes
All others
Mixed with radioactive wastes
All others
Mixed with radioactive wastes
All others
All
All
All
All
All
All
All
All
All
Wastewater
Nonwastewater
Wastewater
Nonwastewater
Wastewater
JulyS,
1996.
Apr. 8,
1998.
JulyS,
1996.
Apr. 8,
1998.
JulyS,
1996.
Apr. 8,
1998.
JulyS,
1996.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
May 8,
1992.
Aug. 8,
1990.
May 8,
1992.
Aug. 8,
1990.
168
-------
P012
P013 (barium)
P013
P014
P015
P016
P017
P018
P020
P021
P022
P023
P024
P026
P027
P028
P029
P030
P031
P033
P034
Nonwastewater
Nonwastewater
All others
All
All
All
All
All
All
All
All
All
All
All
All
All
All
All
All
All
All
May8,
1992.
Aug. 8,
1990.
June 8,
1989.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
June 8,
1989.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
June 8,
1989.
June 8,
1989.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
169
-------
P036
P036
P037
P038
P038
P039
P040
P041
P042
P043
P044
P045
P046
P047
P048
P049
P050
P051
P054
P056
P057
Wastewater
Nonwastewater
All
Wastewater
Nonwastewater
All
All
All
All
All
All
All
All
All
All
All
All
All
All
All
All
Aug. 8,
1990.
May 8,
1992.
Aug. 8,
1990.
Aug. 8,
1990.
May 8,
1992.
June 8,
1989.
June 8,
1989.
June 8,
1989.
Aug. 8,
1990.
June 8,
1989.
June 8,
1989.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
170
-------
P058
P059
P060
P062
P063
P064
P065
P065
P066
P067
P068
P069
P070
P071
P072
P073
P074
P075
P076
P077
P078
All
All
All
All
All
All
Wastewater
Nonwastewater
All
All
All
All
All
All
All
All
All
All
All
All
All
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
June 8,
1989.
June 8,
1989.
Aug. 8,
1990.
Aug. 8,
1990.
May 8,
1992.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
June 8,
1989.
Aug. 8,
1990.
Aug. 8,
1990.
June 8,
1989.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
171
-------
P081
P082
P084
P085
P087
P088
P089
P092
P092
P093
P094
P095
P096
P097
P098
P099 (silver)
P099
P101
P102
P103
P1 04 (silver)
All
All
All
All
All
All
All
Wastewater
Nonwastewater
All
All
All
All
All
All
Wastewater
All others
All
All
All
Wastewater
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
June 8,
1989.
May 8,
1992.
Aug. 8,
1990.
June 8,
1989.
Aug. 8,
1990.
May 8,
1992.
Aug. 8,
1990.
June 8,
1989.
Aug. 8,
1990.
Aug. 8,
1990.
June 8,
1989.
June 8,
1989.
Aug. 8,
1990.
June 8,
1989.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
172
-------
P104
P105
P106
P108
P109
P110
P111
P112
P113
P114
P115
P116
P118
P119
P120
P121
P122
P123
P127
P127
P128
All others
All
All
All
All
All
All
All
All
All
All
All
All
All
All
All
All
All
Mixed with radioactive wastes
All others
Mixed with radioactive wastes
June 8,
1989.
Aug. 8,
1990.
June 8,
1989.
Aug. 8,
1990.
June 8,
1989.
Aug. 8,
1990.
June 8,
1989.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
June 8,
1989.
Aug. 8,
1990.
Aug. 8,
1990.
Apr. 8,
1998.
July8,
1996.
Apr. 8,
1998.
173
-------
P128
P185
P185
P188
P188
P189
P189
P190
P190
P191
P191
P192
P192
P194
P194
P196
P196
P197
P197
P198
P198
All others
Mixed with radioactive wastes
All others
Mixed with radioactive wastes
All others
Mixed with radioactive wastes
All others
Mixed with radioactive wastes
All others
Mixed with radioactive wastes
All others
Mixed with radioactive wastes
All others
Mixed with radioactive wastes
All others
Mixed with radioactive wastes
All others
Mixed with radioactive wastes
All others
Mixed with radioactive wastes
All others
July8,
1996.
Apr. 8,
1998.
July8,
1996.
Apr. 8,
1998.
July8,
1996.
Apr. 8,
1998.
July8,
1996.
Apr. 8,
1998.
July8,
1996.
Apr. 8,
1998.
July8,
1996.
Apr. 8,
1998.
July8,
1996.
Apr. 8,
1998.
July8,
1996.
Apr. 8,
1998.
July8,
1996.
Apr. 8,
1998.
July8,
1996.
Apr. 8,
1998.
July8,
1996.
174
-------
P199
P199
P201
P201
P202
P202
P203
P203
P204
P204
P205
P205
U001
U002
U003
U004
U005
U006
U007
U008
U009
Mixed with radioactive wastes
All others
Mixed with radioactive wastes
All others
Mixed with radioactive wastes
All others
Mixed with radioactive wastes
All others
Mixed with radioactive wastes
All others
Mixed with radioactive wastes
All others
All
All
All
All
All
All
All
All
All
Apr. 8,
1998.
July8,
1996.
Apr. 8,
1998.
July8,
1996.
Apr. 8,
1998.
July8,
1996.
Apr. 8,
1998.
July8,
1996.
Apr. 8,
1998.
July8,
1996.
Apr. 8,
1998.
July8,
1996.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
175
-------
U010
U011
U012
U014
U015
U016
U017
U018
U019
U020
U021
U022
U023
U024
U025
U026
U027
U028
U029
U030
U031
All
All
All
All
All
All
All
All
All
All
All
All
All
All
All
All
All
All
All
All
All
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
June 8,
1989.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
176
-------
U032
U033
U034
U035
U036
U037
U038
U039
U041
U042
U043
U044
U045
U046
U047
U048
U049
U050
U051
U052
U053
All
All
All
All
All
All
All
All
All
All
All
All
All
All
All
All
All
All
All
All
All
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
177
-------
U055
U056
U057
U058
U059
U060
U061
U062
U063
U064
U066
U067
U068
U069
U070
U071
U072
U073
U074
U075
U076
All
All
All
All
All
All
All
All
All
All
All
All
All
All
All
All
All
All
All
All
All
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
June 8,
1989.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
June 30,
1992.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
178
-------
U077
U078
U079
U080
U081
U082
U083
U084
U085
U086
U087
U088
U089
U090
U091
U092
U093
U094
U095
U096
U097
All
All
All
All
All
All
All
All
All
All
All
All
All
All
All
All
All
All
All
All
All
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
June 8,
1989.
June 8,
1989.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
179
-------
U098
U099
U101
U102
U103
U105
U106
U107
U108
U109
U110
U111
U112
U113
U114
U115
U116
U117
U118
U119
U120
All
All
All
All
All
All
All
All
All
All
All
All
All
All
All
All
All
All
All
All
All
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
June 8,
1989.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
June 8,
1989.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
180
-------
U121
U122
U123
U124
U125
U126
U127
U128
U129
U130
U131
U132
U133
U134
U135
U136
U136
U137
U138
U140
U141
All
All
All
All
All
All
All
All
All
All
All
All
All
All
All
Wastewater
Nonwastewater
All
All
All
All
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
May 8,
1992.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
181
-------
U142
U143
U144
U145
U146
U147
U148
U149
U150
U151
U151
U152
U153
U154
U155
U156
U157
U158
U159
U160
U161
All
All
All
All
All
All
All
All
All
Wastewater
Nonwastewater
All
All
All
All
All
All
All
All
All
All
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
May 8,
1992.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
182
-------
U162
U163
U164
U165
U166
U167
U168
U169
U170
U171
U172
U173
U174
U176
U177
U178
U179
U180
U181
U182
U183
All
All
All
All
All
All
All
All
All
All
All
All
All
All
All
All
All
All
All
All
All
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
183
-------
U184
U185
U186
U187
U188
U189
U190
U191
U192
U193
U194
U196
U197
U200
U201
U203
U204
U205
U206
U207
U208
All
All
All
All
All
All
All
All
All
All
All
All
All
All
All
All
All
All
All
All
All
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
June 8,
1989.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
June 8,
1989.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
184
-------
U209
U210
U211
U213
U214
U215
U216
U217
U218
U219
U220
U221
U222
U223
U225
U226
U227
U228
U234
U235
U236
All
All
All
All
All
All
All
All
All
All
All
All
All
All
All
All
All
All
All
All
All
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
June 8,
1989.
Aug. 8,
1990.
June 8,
1989.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
June 8,
1989.
Aug. 8,
1990.
185
-------
U237
U238
U239
U240
U243
U244
U246
U247
U248
U249
U271
U271
U277
U277
U278
U278
U279
U279
U280
U280
U328
All
All
All
All
All
All
All
All
All
All
Mixed with radioactive wastes
All others
Mixed with radioactive wastes
All others
Mixed with radioactive wastes
All others
Mixed with radioactive wastes
All others
Mixed with radioactive wastes
All others
Mixed with radioactive wastes
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
Apr. 8,
1998.
July8,
1996.
Apr. 8,
1998.
July8,
1996.
Apr. 8,
1998.
July8,
1996.
Apr. 8,
1998.
July8,
1996.
Apr. 8,
1998.
July8,
1996.
June 30,
1994.
186
-------
U328
U353
U353
U359
U359
U364
U364
U365
U365
U366
U366
U367
U367
U372
U372
U373
U373
U375
U375
U376
U376
All others
Mixed with radioactive wastes
All others
Mixed with radioactive wastes
All others
Mixed with radioactive wastes
All others
Mixed with radioactive wastes
All others
Mixed with radioactive wastes
All others
Mixed with radioactive wastes
All others
Mixed with radioactive wastes
All others
Mixed with radioactive wastes
All others
Mixed with radioactive wastes
All others
Mixed with radioactive wastes
All others
Nov. 9,
1992.
June 30,
1994.
Nov. 9,
1992.
June 30,
1994.
Nov. 9,
1992.
Apr. 8,
1998.
July8,
1996.
Apr. 8,
1998.
July8,
1996.
Apr. 8,
1998.
July8,
1996.
Apr. 8,
1998.
July8,
1996.
Apr. 8,
1998.
July8,
1996.
Apr. 8,
1998.
July8,
1996.
Apr. 8,
1998.
July8,
1996.
Apr. 8,
1998.
July8,
1996.
187
-------
U377
U377
U378
U378
U379
U379
U381
U381
U382
U382
U383
U383
U384
U384
U385
U385
U386
U386
U387
U387
U389
Mixed with radioactive wastes
All others
Mixed with radioactive wastes
All others
Mixed with radioactive wastes
All others
Mixed with radioactive wastes
All others
Mixed with radioactive wastes
All others
Mixed with radioactive wastes
All others
Mixed with radioactive wastes
All others
Mixed with radioactive wastes
All others
Mixed with radioactive wastes
All others
Mixed with radioactive wastes
All others
Mixed with radioactive wastes
Apr. 8,
1998.
July8,
1996.
Apr. 8,
1998.
July8,
1996.
Apr. 8,
1998.
July8,
1996.
Apr. 8,
1998.
July8,
1996.
Apr. 8,
1998.
July8,
1996.
Apr. 8,
1998.
July8,
1996.
Apr. 8,
1998.
July8,
1996.
Apr. 8,
1998.
July8,
1996.
Apr. 8,
1998.
July8,
1996.
Apr. 8,
1998.
July8,
1996.
Apr. 8,
1998.
188
-------
U389
U390
U390
U391
U391
U392
U392
U393
U393
U394
U394
U395
U395
U396
U396
U400
U400
U401
U401
U402
U402
All others
Mixed with radioactive wastes
All others
Mixed with radioactive wastes
All others
Mixed with radioactive wastes
All others
Mixed with radioactive wastes
All others
Mixed with radioactive wastes
All others
Mixed with radioactive wastes
All others
Mixed with radioactive wastes
All others
Mixed with radioactive wastes
All others
Mixed with radioactive wastes
All others
Mixed with radioactive wastes
All others
JulyS,
1996.
Apr. 8,
1998.
JulyS,
1996.
Apr. 8,
1998.
JulyS,
1996.
Apr. 8,
1998.
JulyS,
1996.
Apr. 8,
1998.
JulyS,
1996.
Apr. 8,
1998.
JulyS,
1996.
Apr. 8,
1998.
JulyS,
1996.
Apr. 8,
1998.
JulyS,
1996.
Apr. 8,
1998.
JulyS,
1996.
Apr. 8,
1998.
JulyS,
1996.
Apr. 8,
1998.
JulyS,
1996.
189
-------
U403
U403
U404
U404
U407
U407
U409
U409
U410
U410
U411
U411
Mixed with radioactive wastes
All others
Mixed with radioactive wastes
All others
Mixed with radioactive wastes
All others
Mixed with radioactive wastes
All others
Mixed with radioactive wastes
All others
Mixed with radioactive wastes
All others
Apr. 8,
1998.
July8,
1996.
Apr. 8,
1998.
July8,
1996.
Apr. 8,
1998.
July8,
1996.
Apr. 8,
1998.
July8,
1996.
Apr. 8,
1998.
July8,
1996.
Apr. 8,
1998.
July8,
1996.
aThis table does not include mixed radioactive wastes (from the First, Second, and Third Third rules) which received
national capacity variance until May 8, 1992. This table also does not include contaminated soil and debris wastes.
bThe standard was revised in the Third Third Final Rule (55 FR 22520, June 1, 1990).
cThe standard was revised in the Third Third Emergency Rule (58 FR 29860, May 24, 1993); the original effective
date was August 8, 1990.
dThe standard was revised in the Phase II Final Rule (59 FR 47982, Sept. 19, 1994); the original effective date was
Augusts, 1990.
eThe standards for selected reactive wastes was revised in the Phase III Final Rule (61 FR 15566, Apr. 8, 1996); the
original effective date was August 8, 1990.
Table 2—Summary of Effective Dates of Land Disposal Restrictions for Contaminated Soil and Debris (CSD)
Restricted hazardous waste in CSD
1. Solvent-(F001-F005) and dioxin-(F020-F023 and F026-F028) containing soil and debris
from CERCLA response or RCRA corrective actions
Effective
date
Nov. 8,
1990.
190
-------
2. Soil and debris not from CERCLA response or RCRA corrective actions contaminated with
less than 1% total solvents (F001-F005) ordioxins (F020-F023 and F026-F028)
3 All soil and debris contaminated with First Third wastes for which treatment standards are
based on incineration
4. All soil and debris contaminated with Second Third wastes for which treatment standards
are based on incineration
5. All soil and debris contaminated with Third Third wastes or, First or Second Third "soft
hammer" wastes which had treatment standards promulgated in the Third Third rule, for which
treatment standards are based on incineration, vitrification, or mercury retorting, acid leaching
followed by chemical precipitation, or thermal recovery of metals; as well as all inorganic solids
debris contaminated with D004-D01 1 wastes, and all soil and debris contaminated with mixed
RCRA/radioactive wastes
6. Soil and debris contaminated with D012-D043, K141-K145, and K1 47-1 51 wastes
7. Debris (only) contaminated with F037, F038, K107-K112, K117, K118, K123-K126, K131,
K132, K136, U328, U353, U359
8. Soil and debris contaminated with K1 56-K1 61 , P1 27, P1 28, P1 88-P1 92, P1 94, P1 96-
P199, P201-P205, U271, U277-U280, U364-U367, U372, U373, U375-U379, U381-U387,
U389-U396, U400-U404, U407, and U409-U41 1 wastes
9. Soil and debris contaminated with K088 wastes
10. Soil and debris contaminated with radioactive wastes mixed with K088, K156-K161, P127,
P128, 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 wastes
1 1 . Soil and debris contaminated with F032, F034, and F035
12. Soil and debris contaminated with newly identified D004-D01 1 toxicity characteristic
wastes and mineral processing wastes.
13. Soil and debris contaminated with mixed radioactive newly identified D004-D011
characteristic wastes and mineral processing wastes.
Nov. 8,
1988.
Aug. 8,
1990.
June 8,
1991.
May 8,
1992.
Dec. 19,
1994.
Dec. 19,
1994
July8,
1996.
Oct. 8,
1997.
April 8,
1998.
May 12,
1997.
Aug. 24,
1998.
May 26,
2000.
Note: Appendix VII is provided for the convenience of the reader.
[62 FR 26025, May 12, 1997, as amended at 63 FR 28751, May 26, 1998; 65 FR 36367, June 8, 2000; 71 FR 40279,
July 14, 2006; 75 FR 78926, Dec. 17, 2010]
Appendix VIII to Part 268—LDR Effective Dates of Injected Prohibited
Hazardous Wastes
National Capacity LDR Variances for UIC Wastes3
Waste code
Waste category
Effective
date
191
-------
F001-F005
D001 (except High TOC
Ignitable Liquids
Subcategory)c
D001 (High TOC Ignitable
Characteristic Liquids
Subcategory)
D002b
D002C
D003 (cyanides)
D003 (sulfides)
D003 (explosives,
reactives)
D007
D009
D012
D013
D014
D015
D016
D017
D018
D019
D020
D021
All spent F001-F005 solvent containing less than 1 percent total
F001-F005 solvent constituents
All
Nonwastewater
All
All
All
All
All
All
Nonwastewater
All
All
All
All
All
All
All, including mixed with radioactive wastes
All, including mixed with radioactive wastes
All, including mixed with radioactive wastes
All, including mixed with radioactive wastes
Aug. 8,
1990.
Feb. 10,
1994.
Sept. 19,
1995.
May8,
1992.
Feb. 10,
1994.
May8,
1992.
MayS,
1992.
MayS,
1992.
MayS,
1992.
MayS,
1992.
Sept. 19,
1995.
Sept. 19,
1995.
Sept. 19,
1995.
Sept. 19,
1995.
Sept. 19,
1995.
Sept. 19,
1995.
Apr. 8,
1998.
Apr. 8,
1998.
Apr. 8,
1998.
Apr. 8,
1998.
192
-------
D022
D023
D024
D025
D026
D027
D028
D029
D030
D031
D032
D033
D034
D035
D036
D037
D038
D039
D040
D041
D042
All, including mixed with radioactive wastes
All, including mixed radioactive wastes
All, including mixed radioactive wastes
All, including mixed radioactive wastes
All, including mixed radioactive wastes
All, including mixed radioactive wastes
All, including mixed radioactive wastes
All, including mixed radioactive wastes
All, including mixed radioactive wastes
All, including mixed radioactive wastes
All, including mixed radioactive wastes
All, including mixed radioactive wastes
All, including mixed radioactive wastes
All, including mixed radioactive wastes
All, including mixed radioactive wastes
All, including mixed radioactive wastes
All, including mixed radioactive wastes
All, including mixed radioactive wastes
All, including mixed radioactive wastes
All, including mixed radioactive wastes
All, including mixed radioactive wastes
Apr. 8,
1998.
Apr. 8,
1998.
Apr. 8,
1998.
Apr. 8,
1998.
Apr. 8,
1998.
Apr. 8,
1998.
Apr. 8,
1998.
Apr. 8,
1998.
Apr. 8,
1998.
Apr. 8,
1998.
Apr. 8,
1998.
Apr. 8,
1998.
Apr. 8,
1998.
Apr. 8,
1998.
Apr. 8,
1998.
Apr. 8,
1998.
Apr. 8,
1998.
Apr. 8,
1998.
Apr. 8,
1998.
Apr. 8,
1998.
Apr. 8,
1998.
193
-------
D043
F007
F032
F034
F035
F037
F038
F039
K009
K011
K011
K013
K013
K014
K01 6 (dilute)
K049
K050
K051
K052
K062
K071
All, including mixed radioactive wastes
All
All, including mixed radioactive wastes
All, including mixed radioactive wastes
All, including mixed radioactive wastes
All
All
Wastewater
Wastewater
Nonwastewater
Wastewater
Nonwastewater
Wastewater
All
All
All
All
All
All
All
All
Apr. 8,
1998.
June 8,
1991.
May 12,
1999.
May 12,
1999.
May 12,
1999.
Nov. 8,
1992.
Nov. 8,
1992.
May 8,
1992.
June 8,
1991.
June 8,
1991.
May 8,
1992.
June 8,
1991.
May 8,
1992.
May 8,
1992.
June 8,
1991.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
Aug. 8,
1990.
194
-------
K088
K104
K107
K108
K109
K110
K111
K112
K117
K118
K123
K124
K125
K126
K131
K132
K136
K141
K142
K143
K144
All
All
All
All
All
All
All
All
All
All
All
All
All
All
All
All
All
All
All
All
All
Jan. 8,
1997.
Aug. 8,
1990.
Nov. 8,
1992.
Nov. 9,
1992.
Nov. 9,
1992.
Nov. 9,
1992.
Nov. 9,
1992.
Nov. 9,
1992.
June 30,
1995.
June 30,
1995.
Nov. 9,
1992.
Nov. 9,
1992.
Nov. 9,
1992.
Nov. 9,
1992.
June 30,
1995.
June 30,
1995.
Nov. 9,
1992.
Dec. 19,
1994.
Dec. 19,
1994.
Dec. 19,
1994.
Dec. 19,
1994.
195
-------
K145
K147
K148
K149
K150
K151
K156
K157
K158
K159
K160
K161
NA
P127
P128
P185
P188
P189
P190
P191
P192
All
All
All
All
All
All
All
All
All
All
All
All
Newly identified mineral processing wastes from titanium dioxide
production and mixed radioactive/newly identified D004-D011
characteristic wastes and mineral processing wastes.
All
All
All
All
All
All
All
All
Dec. 19,
1994.
Dec. 19,
1994.
Dec. 19,
1994.
Dec. 19,
1994.
Dec. 19,
1994.
Dec. 19,
1994.
July8,
1996.
JulyS,
1996.
JulyS,
1996.
JulyS,
1996.
JulyS,
1996.
JulyS,
1996.
May 26,
2000.
JulyS,
1996.
JulyS,
1996.
JulyS,
1996.
JulyS,
1996.
JulyS,
1996.
JulyS,
1996.
JulyS,
1996.
JulyS,
196
-------
P194
P196
P197
P198
P199
P201
P202
P203
P204
P205
U271
U277
U278
U279
U280
U328
U353
U359
U364
U365
All
All
All
All
All
All
All
All
All
All
All
All
All
All
All
All
All
All
All
All
1996.
July8,
1996.
JulyS,
1996.
JulyS,
1996.
JulyS,
1996.
JulyS,
1996.
JulyS,
1996.
JulyS,
1996.
JulyS,
1996.
JulyS,
1996.
JulyS,
1996.
JulyS,
1996.
JulyS,
1996.
JulyS,
1996.
JulyS,
1996.
JulyS,
1996.
Nov. 9,
1992.
Nov. 9,
1992.
Nov. 9,
1992.
JulyS,
1996.
JulyS,
1996.
197
-------
U366
U367
U372
U373
U375
U376
U377
U378
U379
U381
U382
U383
U384
U385
U386
U387
U389
U390
U391
U392
U395
All
All
All
All
All
All
All
All
All
All
All
All
All
All
All
All
All
All
All
All
All
July8,
1996.
JulyS,
1996.
JulyS,
1996.
JulyS,
1996.
JulyS,
1996.
JulyS,
1996.
JulyS,
1996.
JulyS,
1996.
JulyS,
1996.
JulyS,
1996.
JulyS,
1996.
JulyS,
1996.
JulyS,
1996.
JulyS,
1996.
JulyS,
1996.
JulyS,
1996.
JulyS,
1996.
JulyS,
1996.
JulyS,
1996.
JulyS,
1996.
JulyS,
1996.
198
-------
U396
U400
U401
U402
U403
U404
U407
U409
U410
U411
All
All
All
All
All
All
All
All
All
All
JulyS,
1996.
JulyS,
1996.
JulyS,
1996.
JulyS,
1996.
JulyS,
1996.
JulyS,
1996.
JulyS,
1996.
JulyS,
1996.
JulyS,
1996.
JulyS,
1996.
aWastes that are deep well disposed on-site receive a six-month variance, with restrictions effective in November
1990.
bDeepwell injected D002 liquids with a pH less than 2 must meet the California List treatment standards on August 8,
1990.
cManaged in systems defined in 40 CFR 144.6(e) and 14.6(e) as Class V injection wells, that do not engage in CWA-
equivalent treatment before injection.
Note: This table is provided for the convenience of the reader.
[62 FR 26037, May 12, 1997, as amended at 63 FR 28752, May 26, 1998; 71 FR 40279, July 14, 2006]
Appendix IX to Part 268—Extraction Procedure (EP) Toxicity Test
Method and Structural Integrity Test (Method 1310B)
Note: The EP (Method 131 OB) is published in "Test Methods for Evaluating Solid Waste,
Physical/Chemical Methods," EPA Publication SW-846, as incorporated by reference in §260.11 of this
chapter.
199
-------
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)
Metal Bearing Wastes Prohibited From Dilution in a Combustion Unit According to 40 CFR 268.3(c)1
Waste
code
Waste description
D004
Toxicity Characteristic for Arsenic.
D005
Toxicity Characteristic for Barium.
D006
Toxicity Characteristic for Cadmium.
D007
Toxicity Characteristic for Chromium.
D008
Toxicity Characteristic for Lead.
D009
Toxicity Characteristic for Mercury.
D010
Toxicity Characteristic for Selenium.
D011
Toxicity Characteristic for Silver.
F006
Wastewater treatment sludges from electroplating operations except from the following
processes: (1) sulfuric acid anodizing of aluminum; (2) tin plating carbon steel; (3) zinc plating
(segregated basis) on carbon steel; (4) aluminum or zinc-plating on carbon steel; (5)
cleaning/stripping associated with tin, zinc and aluminum plating on carbon steel; and (6)
chemical etching and milling of aluminum.
F007
Spent cyanide plating bath solutions from electroplating operations.
F008
Plating bath residues from the bottom of plating baths from electroplating operations where
cyanides are used in the process.
F009
Spent stripping and cleaning bath solutions from electroplating operations where cyanides are
used in the process.
F010
Quenching bath residues from oil baths from metal treating operations where cyanides are used
in the process.
F011
Spent cyanide solutions from salt bath pot cleaning from metal heat treating operations.
F012
Quenching waste water treatment sludges from metal heat treating operations where cyanides
are used in the process.
F019
Wastewater treatment sludges from the chemical conversion coating of aluminum except from
zirconium phosphating in aluminum car washing when such phosphating is an exclusive
conversion coating process.
K002
Wastewater treatment sludge from the production of chrome yellow and orange pigments.
Wastewater treatment sludge from the production of molybdate orange pigments.
K003
K004
Wastewater treatment sludge from the production of zinc yellow pigments.
K005
Wastewater treatment sludge from the production of chrome green pigments.
200
-------
K006
Wastewater treatment sludge from the production of chrome oxide green pigments (anhydrous
and hydrated).
K007
Wastewater treatment sludge from the production of iron blue pigments.
K008
Oven residue from the production of chrome oxide green pigments.
K061
Emission control dust/sludge from the primary production of steel in electric furnaces.
K069
Emission control dust/sludge from secondary lead smelting.
K071
Brine purification muds from the mercury cell processes in chlorine production, where separately
prepurified brine is not used.
K100
Waste leaching solution from acid leaching of emission control dust/sludge from secondary lead
smelting.
K106
Sludges from the mercury cell processes for making chlorine.
P010
Arsenic acid H3AsO4
P011
Arsenic oxide As2O5
P012
Arsenic trioxide
P013
Barium cyanide
P015
Beryllium
P029
Copper cyanide Cu(CN)
P074
Nickel cyanide Ni(CN)2
P087
Osmium tetroxide
P099
Potassium silver cyanide
P104
Silver cyanide
P113
Thallic oxide
P114
Thallium (I) selenite
P115
Thallium (I) sulfate
P119
Ammonium vanadate
P120
Vanadium oxide V2O5
P121
Zinc cyanide.
U032
Calcium chromate.
U145
Lead phosphate.
U151
Mercury.
U204
Selenious acid.
U205
Selenium disulfide.
U216
Thallium (I) chloride.
U217
Thallium (I) nitrate.
201
-------
1A combustion unit is defined as any thermal technology subject to 40 CFR part 264, subpart O; Part 265, subpart O;
and/or 266, subpart H. [61 FR 15658, Apr. 8, 1996]
202
-------
Appendix E: Part 270
Regulations
EPA Administered Permit Programs: The Hazardous
Waste Permit Program
6/1/2011
US-EPA
Version 1
-------
of
Part 270 Regulations - EPA Administered Permit Programs: The Hazardous Waste Permit Program 1
Subpart A—General Information 1
Subpart B—Permit Application 12
Subpart C—Permit Conditions 43
Subpart D—Changes to Permit 48
Subpart E—Expiration and Continuation of Permits 68
Subpart F—Special Forms of Permits 69
Subpart G—Interim Status 81
Subpart H—Remedial Action Plans (RAPs) 84
General Information 84
Applying fora RAP 85
Getting a RAP Approved 87
How May My RAP Be Modified, Revoked and Reissued, or Terminated? 91
Operating Under Your RAP 93
Obtaining a RAP for an Off-Site Location 94
Subpart I—Integration with Maximum Achievable Control Technology (MACT) Standards 95
Subpart J—RCRA Standardized Permits for Storage and Treatment Units 97
General Information About Standardized Permits 97
Applying fora Standardized Permit 98
Information That Must Be Kept at Your Facility 99
Modifying a Standardized Permit 104
-------
Part 270 Regulations - EPA Administered Permit Programs: The
Hazardous Waste Permit Program
Authority: 42 U.S.C. 6905, 6912, 6924, 6925, 6927, 6939, and 6974.
Source: 48 FR 14228, Apr. 1, 1983, unless otherwise noted.
Subpart A—General Information
§ 270.1 Purpose and scope of these regulations.
(a) Coverage. (1) These permit regulations establish provisions for the Hazardous Waste Permit Program under
Subtitle C of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976, as
amended (RCRA), (Pub. L. 94-580, as amended by Pub. L. 95-609 and by Pub. L. 96-482; 42 U.S.C. 6091 et seq.).
They apply to EPA and to approved States to the extent provided in part 271.
(2) The regulations in this part cover basic EPA permitting requirements, such as application requirements, standard
permit conditions, and monitoring and reporting requirements. These regulations are part of a regulatory scheme
implementing RCRA set forth in different parts of the Code of Federal Regulations. The following chart indicates
where the regulations implementing RCRA appear in the Code of Federal Regulations.
Section of
RCRA
SubtitleC
3001
3002
3003
3004
3005
3006
3010
Coverage
Overview and definitions
Identification and listing of hazardous
waste
Generators of hazardous waste
Transporters of hazardous waste
Standards for HWM facilities
Permit requirements for HWM facilities
Guidelines for State programs
Preliminary notification of HWM activity
Final regulation
40 CFR part 260
40 CFR part 261
40 CFR part 262
40 CFR part 263
40 CFR parts 264, 265, 266, and 267
40 CFR parts 270 and 124
40 CFR part 271
(public notice) 45 FR 12746 February 26,
1980
(3) Technical regulations. The RCRA permit program has separate additional Regulations that contain technical
requirements. These separate regulations are used by permit issuing authorities to determine what requirements
must be placed in permits if they are issued. These separate regulations are located in 40 CFR parts 264, 266, and
267.
(b) Overview of the RCRA Permit Program. Not later than 90 days after the promulgation or revision of regulations in
40 CFR part 261 (identifying and listing hazardous wastes) generators and transporters of hazardous waste, and
owners or operators of hazardous waste treatment, storage, or disposal facilities may be required to file a notification
of that activity under section 3010. Six months after the initial promulgation of the part 261 regulations, treatment,
storage, or disposal of hazardous waste by any person who has not applied for or received a RCRA permit is
prohibited. Treatment, storage, and disposal facilities (TSDs) that are otherwise subject to permitting under RCRA
and that meet the criteria in paragraph (b)(1), or paragraph (b)(2) of this section, may be eligible for a standardized
1
-------
permit under subpartJ of this part. A RCRA permit application consists of two parts, part A (see §270.13) and part B
(see §270.14 and applicable sections in §§270.15 through 270.29). For "existing HWM facilities," the requirement to
submit an application is satisfied by submitting only part A of the permit application until the date the Director sets for
submitting part B of the application. (Part A consists of Forms 1 and 3 of the Consolidated Permit Application Forms.)
Timely submission of both notification under section 3010 and part A qualifies owners and operators of existing HWM
facilities (who are required to have a permit) for interim status under section 3005(e) of RCRA. Facility owners and
operators with interim status are treated as having been issued a permit until EPA or a State with interim
authorization for Phase II or final authorization under part 271 makes a final determination on the permit application.
Facility owners and operators with interim status must comply with interim status standards set forth at 40 CFR part
265 and 266 or with the analogous provisions of a State program which has received interim or final authorization
under part 271. Facility owners and operators with interim status are not relieved from complying with other State
requirements. For existing HWM facilities, the Director shall set a date, giving at least six months notice, for
submission of part B of the application. There is no form for part B of the application; rather, part B must be submitted
in narrative form and contain the information set forth in the applicable sections of §§270.14 through 270.29. Owners
or operators of new HWM facilities must submit parts A and B of the permit application at least 180 days before
physical construction is expected to commence.
(1) The facility generates hazardous waste and then non-thermally treats or stores hazardous waste on-site in tanks,
containers, or containment buildings; or
(2) The facility receives hazardous waste generated off-site by a generator under the same ownership as the
receiving facility, and then stores or non-thermally treats the hazardous waste in containers, tanks, or containment
buildings.
(c) Scope of the RCRA permit requirement. RCRA requires a permit forthe "treatment," "storage," and "disposal" of
any "hazardous waste" as identified or listed in 40 CFR part 261. The terms "treatment," "storage," "disposal," and
"hazardous waste" are defined in §270.2. Owners and operators of hazardous waste management units must have
permits during the active life (including the closure period) of the unit. Owners and operators of surface
impoundments, landfills, land treatment units, and waste pile units that received waste after July 26, 1982, or that
certified closure (according to §265.115 of this chapter) after January 26, 1983, must have post-closure permits,
unless they demonstrate closure by removal or decontamination as provided under §270.1(c)(5) and (6), or obtain an
enforceable document in lieu of a post-closure permit, as provided under paragraph (c)(7) of this section. If a post-
closure permit is required, the permit must address applicable 40 CFR part 264 groundwater monitoring, unsaturated
zone monitoring, corrective action, and post-closure care requirements of this chapter. The denial of a permit for the
active life of a hazardous waste management facility or unit does not affect the requirement to obtain a post-closure
permit under this section.
(1) Specific inclusions. Owners and operators of certain facilities require RCRA permits as well as permits under
other programs for certain aspects of the facility operation. RCRA permits are required for:
(i) Injection wells that dispose of hazardous waste, and associated surface facilities that treat, store or dispose of
hazardous waste, (See §270.64). However, the owner and operator with a UIC permit in a State with an approved or
promulgated UIC program, will be deemed to have a RCRA permit forthe injection well itself if they comply with the
requirements of §270.60(b) (permit-by-rule for injection wells).
(ii) Treatment, storage, or disposal of hazardous waste at facilities requiring an NPDES permit. However, the owner
and operator of a publicly owned treatment works receiving hazardous waste will be deemed to have a RCRA permit
for that waste if they comply with the requirements of §270.60(c) (permit-by-rule for POTWs).
(iii) Barges or vessels that dispose of hazardous waste by ocean disposal and onshore hazardous waste treatment or
storage facilities associated with an ocean disposal operation. However, the owner and operator will be deemed to
have a RCRA permit for ocean disposal from the barge or vessel itself if they comply with the requirements of
§270.60(a) (permit-by-rule for ocean disposal barges and vessels).
(2) Specific exclusions. The following persons are among those who are not required to obtain a RCRA permit:
(i) Generators who accumulate hazardous waste on-site for less than the time periods provided in 40 CFR 262.34.
(ii) Farmers who dispose of hazardous waste pesticides from their own use as provided in §262.70 of this chapter;
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(iii) Persons who own or operate facilities solely for the treatment, storage or disposal of hazardous waste excluded
from regulations under this part by 40 CFR 261.4 or 261.5 (small generator exemption).
(iv) Owners or operators of totally enclosed treatment facilities as defined in 40 CFR 260.10.
(v) Owners and operators of elementary neutralization units or wastewater treatment units as defined in 40 CFR
260.10.
(vi) Transporters storing manifested shipments of hazardous waste in containers meeting the requirements of 40 CFR
262.30 at a transfer facility for a period of ten days or less.
(vii) Persons adding absorbent material to waste in a container (as defined in §260.10 of this chapter) and persons
adding waste to absorbent material in a container, provided that these actions occur at the time waste is first placed
in the container; and §§264.17(b), 264.171, and 264.172 of this chapter are complied with.
(viii) Universal waste handlers and universal waste transporters (as defined in 40 CFR 260.10) managing the wastes
listed below. These handlers are subject to regulation under 40 part CFR 273.
(A) Batteries as described in 40 CFR 273.2;
(B) Pesticides as described in §273.3 of this chapter;
(C) Mercury-containing equipment as described in §273.4 of this chapter; and
(D) Lamps as described in §273.5 of this chapter.
(ix) A New York State Utility central collection facility consolidating hazardous waste in accordance with 40 CFR
262.90.
(3) Further exclusions, (i) A person is not required to obtain a RCRA permit for treatment or containment activities
taken during immediate response to any of the following situations:
(A) A discharge of a hazardous waste;
(B) An imminent and substantial threat of a discharge of hazardous waste;
(C) A discharge of a material which, when discharged, becomes a hazardous waste.
(D) An immediate threat to human health, public safety, property, or the environment from the known or suspected
presence of military munitions, other explosive material, or an explosive device, as determined by an explosive or
munitions emergency response specialist as defined in 40 CFR 260.10.
(ii) Any person who continues or initiates hazardous waste treatment or containment activities after the immediate
response is over is subject to all applicable requirements of this part for those activities.
(iii) In the case of emergency responses involving military munitions, the responding military emergency response
specialist's organizational unit must retain records for three years identifying the dates of the response, the
responsible persons responding, the type and description of material addressed, and its disposition.
(4) Permits for less than an entire facility. EPA may issue or deny a permit for one or more units at a facility without
simultaneously issuing or denying a permit to all of the units at the facility. The interim status of any unit for which a
permit has not been issued or denied is not affected by the issuance or denial of a permit to any other unit at the
facility.
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(5) Closure by removal. Owners/operators of surface impoundments, land treatment units, and waste piles closing by
removal or decontamination under part 265 standards must obtain a post-closure permit unless they can demonstrate
to the Regional Administrator that the closure met the standards for closure by removal or decontamination in
§264.228, §264.280(e), or §264.258, respectively. The demonstration may be made in the following ways:
(i) If the owner/operator has submitted a part B application for a post-closure permit, the owner/operator may request
a determination, based on information contained in the application, that section 264 closure by removal standards
were met. If the Regional Administrator believes that §264 standards were met, he/she will notify the public of this
proposed decision, allow for public comment, and reach a final determination according to the procedures in
paragraph (c)(6) of this section.
(ii) If the owner/operator has not submitted a part B application for a post-closure permit, the owner/operator may
petition the Regional Administrator for a determination that a post-closure permit is not required because the closure
met the applicable part 264 closure standards.
(A) The petition must include data demonstrating that closure by removal or decontamination standards were met, or
it must demonstrate that the unit closed under State requirements that met or exceeded the applicable 264 closure-
by-removal standard.
(B) The Regional Administrator shall approve or deny the petition according to the procedures outlined in paragraph
(c)(6) of this section.
(6) Procedures for closure equivalency determination, (i) If a facility owner/operator seeks an equivalency
demonstration under §270.1(c)(5), the Regional Administrator will provide the public, through a newspaper notice, the
opportunity to submit written comments on the information submitted by the owner/operator within 30 days from the
date of the notice. The Regional Administrator will also, in response to a request or at his/her own discretion, hold a
public hearing whenever such a hearing might clarify one or more issues concerning the equivalence of the part 265
closure to a part 264 closure. The Regional Administrator will give public notice of the hearing at least 30 days before
it occurs. (Public notice of the hearing may be given at the same time as notice of the opportunity for the public to
submit written comments, and the two notices may be combined.)
(ii) The Regional Administrator will determine whether the part 265 closure met 264 closure by removal or
decontamination requirements within 90 days of its receipt. If the Regional Administrator finds that the closure did not
meet the applicable part 264 standards, he/she will provide the owner/operator with a written statement of the
reasons why the closure failed to meet part 264 standards. The owner/operator may submit additional information in
support of an equivalency demonstration within 30 days after receiving such written statement. The Regional
Administrator will review any additional information submitted and make a final determination within 60 days.
(iii) If the Regional Administrator determines that the facility did not close in accordance with part 264 closure by
removal standards, the facility is subject to post-closure permitting requirements.
(7) Enforceable documents for post-closure care. At the discretion of the Regional Administrator, an owner or
operator may obtain, in lieu of a post-closure permit, an enforceable document imposing the requirements of 40 CFR
265.121. "Enforceable document" means an order, a plan, or other document issued by EPA or by an authorized
State under an authority that meets the requirements of 40 CFR 271.16(e) including, but not limited to, a corrective
action order issued by EPA under section 3008(h), a CERCLA remedial action, or a closure or post-closure plan.
[48 FR 14228, Apr. 1, 1983, as amended at 48 FR 30113, June 30, 1983; 51 FR 10176, Mar. 24, 1986; 52 FR 45798,
Dec. 1, 1987; 53 FR 27165, July 19, 1988; 54 FR 9607, Mar. 7, 1989; 56 FR 32692, July 17, 1991; 60 FR 25542,
May 11, 1995; 62 FR 6656, Feb. 12, 1996; 63 FR 56735, Oct. 22, 1998; 64 FR 36488, July 6, 1999; 64 FR 37638,
July 12, 1999; 70 FR 45520, Aug. 5, 2005; 70 FR 53474, Sept. 8, 2005; 71 FR 40279, July 14, 2006]
§ 270.2 Definitions.
The following definitions apply to parts 270, 271 and 124. Terms not defined in this section have the meaning given
by RCRA.
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Administrator means the Administrator of the United States Environmental Protection Agency, or an authorized
representative.
Application means the EPA standard national forms for applying for a permit, including any additions, revisions or
modifications to the forms; or forms approved by EPA for use in approved States, including any approved
modifications or revisions. Application also includes the information required by the Director under §§270.14 through
270.29 (contents of part B of the RCRA application).
Approved program or approved State means a State which has been approved or authorized by EPA under part 271.
Aquifer means a geological formation, group of formations, or part of a formation that is capable of yielding a
significant amount of water to a well or spring.
Closure means the act of securing a Hazardous Waste Management facility pursuant to the requirements of 40 CFR
part 264.
Component means any constituent part of a unit or any group of constituent parts of a unit which are assembled to
perform a specific function (e.g., a pump seal, pump, kiln liner, kiln thermocouple).
Corrective Action Management Unit or CAMU means an area within a facility that is designated by the Regional
Administrator under part 264 subpart S, for the purpose of implementing corrective action requirements under
§264.101 and RCRA section 3008(h). A CAMU shall only be used forthe management of remediation wastes
pursuant to implementing such corrective action requirements at the facility.
CWA means the Clean Water Act (formerly referred to as the Federal Water Pollution Control Act or Federal Water
Pollution Control Act amendments of 1972) Pub. L 92-500, as amended by Pub. L. 92-217 and Pub. L. 95-576; 33
U.S.C. 1251 etseq.
Director means the Regional Administrator or the State Director, as the context requires, or an authorized
representative. When there is no approved State program, and there is an EPA administered program, Director
means the Regional Administrator. When there is an approved State program, Director normally means the State
Director. In some circumstances, however, EPA retains the authority to take certain actions even when there is an
approved State program. In such cases, the term Director means the Regional Administrator and not the State
Director.
Disposal means the discharge, deposit, injection, dumping, spilling, leaking, or placing of any hazardous waste into or
on any land or water so that such hazardous waste or any constituent thereof may enter the environment or be
emitted into the air or discharged into any waters, including ground water.
Disposal facility means a facility or part of a facility at which hazardous waste is intentionally placed into or on the
land or water, and at which hazardous waste will remain after closure. The term disposal facility does not include a
corrective action management unit into which remediation wastes are placed.
Draft permit means a document prepared under §124.6 indicating the Director's tentative decision to issue or deny,
modify, revoke and reissue, terminate, or reissue a permit. A notice of intent to terminate a permit, and a notice of
intent to deny a permit, as discussed in §124.5, are types of draft permits. A denial of a request for modification,
revocation and reissuance, or termination, as discussed in §124.5 is not a "draft permit." A proposed permit is not a
draft permit.
Elementary neutralization unit means a device which:
(a) Is used for neutralizing wastes only because they exhibit the corrosivity characteristic defined in §261.22 of this
chapter, or are listed in subpart D of part 261 of this chapter only for this reason; and
(b) Meets the definition of tank, tank system, container, transport vehicle, or vessel in §260.10 of this chapter.
Emergency permit means a RCRA permit issued in accordance with §270.61.
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Environmental Protection Agency (EPA) means the United States Environmental Protection Agency.
EPA means the United States Environmental Protection Agency.
Existing hazardous waste management (HWM) facility or existing facility means a facility which was in operation or
for which construction commenced on or before November 19, 1980. A facility has commenced construction if:
(a) The owner or operator has obtained the Federal, State and local approvals or permits necessary to begin physical
construction; and either
(b)(1) A continuous on-site, physical construction program has begun; or
(2) The owner or operator has entered into contractual obligations which cannot be cancelled or modified without
substantial loss—for physical construction of the facility to be completed within a reasonable time.
Facility mailing list means the mailing list for a facility maintained by EPA in accordance with 40 CFR 124.10(c)(1)(ix).
Facility or activity means any HWM facility or any other facility or activity (including land or appurtenances thereto)
that is subject to regulation under the RCRA program.
Federal, State and local approvals or permits necessary to begin physical construction means permits and approvals
required under Federal, State or local hazardous waste control statutes, regulations or ordinances.
Final authorization means approval by EPA of a State program which has met the requirements of section 3006(b) of
RCRA and the applicable requirements of part 271, subpart A.
Functionally equivalent component means a component which performs the same function or measurement and
which meets or exceeds the performance specifications of another component.
Generator means any person, by site location, whose act, or process produces "hazardous waste" identified or listed
in 40 CFR part 261.
Ground water means water below the land surface in a zone of saturation.
Hazardous waste means a hazardous waste as defined in 40 CFR 261.3.
Hazardous Waste Management facility (HWM facility) means all contiguous land, and structures, other
appurtenances, and improvements on the land, used for treating, storing, or disposing of hazardous waste. A facility
may consist of several treatment, storage, or disposal operational units (for example, one or more landfills, surface
impoundments, or combinations of them).
HWM facility means Hazardous Waste Management facility.
Injection well means a well into which fluids are being injected.
In operation means a facility which is treating, storing, or disposing of hazardous waste.
Interim authorization means approval by EPA of a State hazardous waste program which has met the requirements
of section 3006(g)(2) of RCRA and applicable requirements of part 271, subpart B.
Major facility means any facility or activity classified as such by the Regional Administrator, or, in the case of
approved State programs, the Regional Administrator in conjunction with the State Director.
Manifest means the shipping document originated and signed by the generator which contains the information
required by subpart B of 40 CFR part 262.
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National Pollutant Discharge Elimination System means the national program for issuing, modifying, revoking and
reissuing, terminating, monitoring and enforcing permits, and imposing and enforcing pretreatment requirements,
under sections 307, 402, 318, and 405 of the CWA. The term includes an approved program.
NPDES means National Pollutant Discharge Elimination System.
New HWM facility means a Hazardous Waste Management facility which began operation or for which construction
commenced after November 19, 1980.
Off-site means any site which is not on-site.
On-site means on the same or geographically contiguous property which may be divided by public or private right(s)-
of-way, provided the entrance and exit between the properties is at a cross-roads intersection, and access is by
crossing as opposed to going along, the right(s)-of-way. Non-contiguous properties owned by the same person but
connected by a right-of-way which the person controls and to which the public does not have access, is also
considered on-site property.
Owner or operator means the owner or operator of any facility or activity subject to regulation under RCRA.
Permit means an authorization, license, or equivalent control document issued by EPA or an approved State to
implement the requirements of this part and parts 271 and 124 of this chapter. Permit includes permit by rule
(§270.60), emergency permit (§270.61) and standardized permit (subpart J of this part). Permit does not include
RCRA interim status (subpart G of this part), or any permit which has not been the subject of final agency action,
such as a draft permit or a proposed permit.
Permit-by-rule means a provision of these regulations stating that a facility or activity is deemed to have a RCRA
permit if it meets the requirements of the provision.
Person means an individual, association, partnership, corporation, municipality, State or Federal agency, or an agent
or employee thereof.
Physical construction means excavation, movement of earth, erection of forms or structures, or similar activity to
prepare an HWM facility to accept hazardous waste.
POTWmeans publicly owned treatment works.
Publicly owned treatment works (POTW) means any device or system used in the treatment (including recycling and
reclamation) of municipal sewage or industrial wastes of a liquid nature which is owned by a State or municipality.
This definition includes sewers, pipes, or other conveyances only if they convey wastewater to a POTW providing
treatment.
RCRA means the Solid Waste Disposal Act as amended by the Resource Conservation and Recovery Act of 1976
(Pub. L. 94-580, as amended by Pub. L. 95-609 and Pub. L. 96-482, 42 U.S.C. 6901 et seq. )
Regional Administrator means the Regional Administrator of the appropriate Regional Office of the Environmental
Protection Agency or the authorized representative of the Regional Administrator.
Remedial Action Plan (RAP) means a special form of RCRA permit that a facility owner or operator may obtain
instead of a permit issued under §§270.3 through 270.66, to authorize the treatment, storage or disposal of
hazardous remediation waste (as defined in §260.10 of this chapter) at a remediation waste management site.
Schedule of compliance means a schedule of remedial measures included in a permit, including an enforceable
sequence of interim requirements (for example, actions, operations, or milestone events) leading to compliance with
the Act and regulations.
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SDWA means the Safe Drinking Water Act (Pub. L. 95-523, as amended by Pub. L. 95-1900; 42 U.S.C. 3001 et seq.
).
Site means the land or water area where any facility or activity is physically located or conducted, including adjacent
land used in connection with the facility or activity.
Standardized permit means a RCRA permit issued under part 124, subpart G of this chapter and subpart J of this part
authorizing the facility owner or operator to manage hazardous waste. The standardized permit may have two parts:
A uniform portion issued in all cases and a supplemental portion issued at the Director's discretion.
Sfate means any of the 50 States, the District of Columbia, Guam, the Commonwealth of Puerto Rico, the Virgin
Islands, American Samoa, and the Commonwealth of the Northern Mariana Islands.
Sfate Director means the chief administrative officer of any State agency operating an approved program, or the
delegated representative of the State Director. If responsibility is divided among two or more State agencies, State
Director means the chief administrative officer of the State agency authorized to perform the particular procedure or
function to which reference is made.
State/EPA Agreement means an agreement between the Regional Administrator and the State which coordinates
EPA and State activities, responsibilities and programs.
Storage means the holding of hazardous waste for a temporary period, at the end of which the hazardous waste is
treated, disposed, or stored elsewhere.
Transfer facility means any transportation-related facility including loading docks, parking areas, storage areas and
other similar areas where shipments of hazardous waste are held during the normal course of transportation.
Transporter means a person engaged in the off-site transportation of hazardous waste by air, rail, highway or water.
Treatment means any method, technique, or process, including neutralization, designed to change the physical,
chemical, or biological character or composition of any hazardous waste so as to neutralize such wastes, or so as to
recover energy or material resources from the waste, or so as to render such waste non-hazardous, or less
hazardous; safer to transport, store, or dispose of; or amenable for recovery, amenable for storage, or reduced in
volume.
UIC means the Underground Injection Control Program under part C of the Safe Drinking Water Act, including an
approved program.
Underground injection means a well injection.
Underground source of drinking water (USDW) means an aquifer or its portion:
(a)(1) Which supplies any public water system; or
(2) Which contains a sufficient quantity of ground water to supply a public water system; and
(i) Currently supplies drinking water for human consumption; or
(ii) Contains fewer than 10,000 mg/l total dissolved solids; and
(b) Which is not an exempted aquifer.
USDW means underground source of drinking water.
Wastewater treatment unit means a device which:
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(a) Is part of a wastewater treatment facility which is subject to regulation under either section 402 or 307(b) of the
Clean Water Act; and
(b) Receives and treats or stores an influent wastewater which is a hazardous waste as defined in §261.3 of this
chapter, or generates and accumulates a wastewater treatment sludge which is a hazardous waste as defined in
§261.3 of this chapter, or treats or stores a wastewater treatment sludge which is a hazardous waste as defined in
§261.3 of this chapter; and
(c) Meets the definition of tank or tank system in §260.10 of this chapter.
[48 FR 14228, Apr. 1, 1983, as amended at 48 FR 30113, June 30, 1983; 53 FR 34087, Sept. 2, 1988; 53 FR 37935,
Sept. 28, 1988; 58 FR 8685, Feb. 16, 1993; 60 FR 33914, June 29, 1995; 60 FR 63433, Dec. 11, 1995; 63 FR 65941,
Nov. 30, 1998; 70 FR 53474, Sept. 8, 2005; 71 FR 40279, July 14, 2006]
§ 270.3 Considerations under Federal law.
The following is a list of Federal laws that may apply to the issuance of permits under these rules. When any of these
laws is applicable, its procedures must be followed. When the applicable law requires consideration or adoption of
particular permit conditions or requires the denial of a permit, those requirements also must be followed.
(a) The Wild and Scenic Rivers Act. 16 U.S.C. 1273 et seq. Section 7 of the Act prohibits the Regional Administrator
from assisting by license or otherwise the construction of any water resources project that would have a direct,
adverse effect on the values for which a national wild and scenic river was established.
(b) The National Historic Preservation Act of 1966. 16 U.S.C. 470 et seq. Section 106 of the Act and implementing
regulations (36 CFR part 800) require the Regional Administrator, before issuing a license, to adopt measures when
feasible to mitigate potential adverse effects of the licensed activity and properties listed or eligible for listing in the
National Register of Historic Places. The Act's requirements are to be implemented in cooperation with State Historic
Preservation Officers and upon notice to, and when appropriate, in consultation with the Advisory Council on Historic
Preservation.
(c) The Endangered Species Act. 16 U.S.C. 1531 et seq. Section 7 of the Act and implementing regulations (50 CFR
part 402) require the Regional Administrator to ensure, in consultation with the Secretary of the Interior or Commerce,
that any action authorized by EPA is not likely to jeopardize the continued existence of any endangered or threatened
species or adversely affect its critical habitat.
(d) The Coastal Zone Management Act. 16 U.S.C. 1451 et seq. Section 307(c) of the Act and implementing
regulations (15 CFR part 930) prohibit EPA from issuing a permit for an activity affecting land or water use in the
coastal zone until the applicant certifies that the proposed activity complies with the State Coastal Zone Management
program, and the State or its designated agency concurs with the certification (or the Secretary of Commerce
overrides the State's nonconcurrence).
(e) The Fish and Wildlife Coordination Act. 16 U.S.C. 661 et seq. requires that the Regional Administrator, before
issuing a permit proposing or authorizing the impoundment (with certain exemptions), diversion, or other control or
modification of any body of water, consult with the appropriate State agency exercising jurisdiction over wildlife
resources to conserve those resources.
(f) Executive orders. [Reserved]
(Clean Water Act (33 U.S.C. 1251 et seq.), Safe Drinking Water Act (42 U.S.C. 300f et seq.), Clean Air Act (42
U.S.C. 7401 etseq.), Resource Conservation and Recovery Act (42 U.S.C. 6901 etseq.))
[48 FR 14228, Apr 1, 1983, as amended at 48 FR 39622, Sept. 1, 1983]
§ 270.4 Effect of a permit.
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(a)(1) Compliance with a RCRA permit during its term constitutes compliance, for purposes of enforcement, with
subtitle C of RCRA except for those requirements not included in the permit which:
(i) Become effective by statute;
(ii) Are promulgated under part 268 of this chapter restricting the placement of hazardous wastes in or on the land;
(iii) Are promulgated under part 264 of this chapter regarding leak detection systems for new and replacement
surface impoundment, waste pile, and landfill units, and lateral expansions of surface impoundment, waste pile, and
landfill units. The leak detection system requirements include double liners, CQA programs, monitoring, action
leakage rates, and response action plans, and will be implemented through the procedures of §270.42 Class 1 permit
modifications; or
(iv) Are promulgated under subparts AA, BB, or CC of part 265 of this chapter limiting air emissions.
(2) A permit may be modified, revoked and reissued, or terminated during its term for cause as set forth in §§270.41
and 270.43, or the permit may be modified upon the request of the permittee as set forth in §270.42.
(b) The issuance of a permit does not convey any property rights of any sort, or any exclusive privilege.
(c) The issuance of a permit does not authorize any injury to persons or property or invasion of other private rights, or
any infringement of State or local law or regulations.
[48 FR 14228, Apr. 1, 1983, as amended at 57 FR 3495, Jan. 29, 1992; 59 FR 62952, Dec. 6, 1994; 75 FR 13009,
Mar. 18,2010]
§ 270.5 Noncompliance and program reporting by the Director.
The Director shall prepare quarterly and annual reports as detailed below. When the State is the permit-issuing
authority, the State Director shall submit any reports required under this section to the Regional Administrator. When
EPA is the permit-issuing authority, the Regional Administrator shall submit any report required under this section to
EPA Headquarters. For purposes of this section only, RCRA permittees shall include RCRA interim status facilities,
when appropriate.
(a) Quarterly reports. The Director shall submit quarterly narrative reports for major facilities as follows:
(1) Format. The report shall use the following format:
(i) Information on noncompliance for each facility;
(ii) Alphabetize by permittee name. When two or more permittees have the same name, the lowest permit number
shall be entered first; and
(iii) For each entry on the list, include the following information in the following order:
(A) Name, location, and permit number of the noncomplying permittee.
(B) A brief description and date of each instance of noncompliance for that permittee. Instances of noncompliance
may include one or more of the kinds set forth in paragraph (a)(2) of this section. When a permittee has
noncompliance of more than one kind, combine the information into a single entry for each such permittee.
(C) The date(s) and a brief description of the action(s) taken by the Director to ensure compliance.
(D) Status of the instance(s) of noncompliance with the date of the review of the status or the date of resolution.
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(E) Any details which tend to explain or mitigate the instance(s) of noncompliance.
(2) Instances of noncompliance to be reported. Any instances of noncompliance within the following categories shall
be reported in successive reports until the noncompliance is reported as resolved. Once noncompliance is reported
as resolved it need not appear in subsequent reports.
(i) Failure to complete construction elements. When the permittee has failed to complete, by the date specified in the
permit, an element of a compliance schedule involving either planning for construction (for example, award of a
contract, preliminary plans), or a construction step (for example, begin construction, attain operation level); and the
permittee has not returned to compliance by accomplishing the required element of the schedule within 30 days from
the date a compliance schedule report is due under the permit.
(ii) Modifications to schedules of compliance. When a schedule of compliance in the permit has been modified under
§270.41 or §270.42 because of the permittee's noncompliance.
(iii) Failure to complete or provide compliance schedule or monitoring reports. When the permittee has failed to
complete or provide a report required in a permit compliance schedule (for example, progress report or notice of
noncompliance or compliance) or a monitoring report; and the permittee has not submitted the complete report within
30 days from the date it is due under the permit for compliance schedules, or from the date specified in the permit for
monitoring reports.
(iv) Deficient reports. When the required reports provided by the permittee are so deficient as to cause
misunderstanding by the Director and thus impede the review of the status of compliance.
(v) Noncompliance with other permit requirements. Noncompliance shall be reported in the following circumstances:
(A) Whenever the permittee has violated a permit requirement (other than reported under paragraph (a)(2)(i) or (ii) of
this section), and has not returned to compliance within 45 days from the date reporting of noncompliance was due
under the permit; or
(B) When the Director determines that a pattern of noncompliance exists for a major facility permittee over the most
recent four consecutive reporting periods. This pattern includes any violation of the same requirement in two
consecutive reporting periods, and any violation of one or more requirements in each of four consecutive reporting
periods; or
(C) When the Director determines significant permit non-compliance or other significant event has occurred such as a
fire or explosion or migration of fluids into a USDW.
(vi) All other. Statistical information shall be reported quarterly on all other instances of noncompliance by major
facilities with permit requirements not otherwise reported under paragraph (a) of this section.
(b) Annual reports —(1) Annual noncompliance report. Statistical reports shall be submitted by the Director on
nonmajor RCRA permittees indicating the total number reviewed, the number of noncomplying nonmajor permittees,
the number of enforcement actions, and number of permit modifications extending compliance deadlines. The
statistical information shall be organized to follow the types of noncompliance listed in paragraph (a) of this section.
(2) In addition to the annual noncompliance report, the Director shall prepare a "program report" which contains
information (in a manner and form prescribed by the Administrator) on generators and transporters and the permit
status of regulated facilities. The Director shall also include, on a biennial basis, summary information on the
quantities and types of hazardous wastes generated, transported, treated, stored and disposed during the preceding
odd-numbered year. This summary information shall be reported in a manner and form prescribed by the
Administrator and shall be reported according to EPA characteristics and lists of hazardous wastes at 40 CFR part
261.
(c) Schedule . (1) For all quarterly reports. On the last working day of May, August, November, and February, the
State Director shall submit to the Regional Administrator information concerning noncompliance with RCRA permit
requirements by major facilities in the State in accordance with the following schedule. The Regional Administrator
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shall prepare and submit information for EPA-issued permits to EPA Headquarters in accordance with the same
schedule.
Quarters Covered by Reports on Noncompliance by Major Dischargers
[Date for completion of reports]
January, February, and March
April, May, and June
July, August, and September
October, November, and December
1May31
1August 31
1 November 30
February 28
1Reports must be made available to the public for inspection and copying on this date.
[48 FR 14228, Apr. 1, 1983, as amended at 48 FR 30113, June 30, 1983]
§ 270.6 References.
(a) When used in part 270 of this chapter, the following publications are incorporated by reference. These
incorporations by reference were approved by the Director of the Federal Register pursuant to 5 U.S.C. 552(a) and 1
CFR part 51. These materials are incorporated as they exist on the date of approval and a notice of any change in
these materials will be published in theFederal Register.Copies may be inspected at the Library, U.S. Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., (3403T), Washington, DC 20460, libraryhq@epa.gov ; or at the
National Archives and Records Administration (NARA). 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.
(b) The following materials are available for purchase from the National Technical Information Service (NTIS), 5285
Port Royal Road, Springfield, VA22161, (703) 605-6000 or (800) 553-6847; or for purchase from the Superintendent
of Documents, U.S. Government Printing Office, Washington, DC 20402, (202) 512-1800:
(1)"APTI Course 415: Control of Gaseous Emissions," EPA Publication EPA-450/2-81-005, December 1981, IBR
approved for §§270.24 and 270.25.
(2) [Reserved]
[70 FR 59576, Oct. 12, 2005]
§ 270.10 General application requirements.
(a) Applying for a permit. Below is information on how to obtain a permit and where to find requirements for specific
permits:
(1) If you are covered by RCRA permits by rule (§270.60), you need not apply.
(2) If you currently have interim status, you must apply for permits when required by the Director.
(3) If you are required to have a permit (including new applicants and permittees with expiring permits), you must
complete, sign, and submit an application to the Director, as described in this section and §§270.70 through 270.73.
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(4) If you are seeking an emergency permit, the procedures for application, issuance, and administration are found
exclusively in §270.61.
(5) If you are seeking a research, development, and demonstration permit, the procedures for application, issuance,
and administration are found exclusively in §270.65.
(6) If you are seeking a standardized permit, the procedures for application and issuance are found in part 124,
subpart G of this chapter and subpart J of this part.
(b) Who applies? When a facility or activity is owned by one person but is operated by another person, it is the
operator's duty to obtain a permit, except that the owner must also sign the permit application.
(c) Completeness. The Director shall not issue a permit before receiving a complete application for a permit except
for permits by rule, or emergency permits. An application for a permit is complete when the Director receives an
application form and any supplemental information which are completed to his satisfaction. An application for a permit
is complete notwithstanding the failure of the owner or operator to submit the exposure information described in
paragraph (j) of this section. The Director may deny a permit for the active life of a hazardous waste management
facility or unit before receiving a complete application for a permit.
(d) Information requirements. All applicants for RCRA permits shall provide information set forth in §270.13 and
applicable sections in §§270.14 through 270.29 to the Director, using the application form provided by the Director.
(e) Existing HWM facilities and interim status qualifications. (1) Owners and operators of existing hazardous waste
management facilities or of hazardous waste management facilities in existence on the effective date of statutory or
regulatory amendments under the act that render the facility subject to the requirement to have a RCRA permit must
submit part A of their permit application no later than:
(i) Six months after the date of publication of regulations which first require them to comply with the standards set
forth in 40 CFR part 265 or 266, or
(ii) Thirty days after the date they first become subject to the standards set forth in 40 CFR part 265 or 266,
whichever first occurs.
(iii) For generators generating greater than 100 kilograms but less than 1000 kilograms of hazardous waste in a
calendar month and treats, stores, or disposes of these wastes on-site, by March 24, 1987.
Note: For facilities which must comply with part 265 because they handle a waste listed in EPA's May 19,
1980, part 261 regulations (45 FR 33006 etseq.), the deadline for submitting an application is November
19, 1980. Where other existing facilities must begin in complying with part 265 or 266 at a later date
because of revisions to part 260, 261, 265, or 266, the Administrator will specify in the preamble to those
revisions when those facilities must submit a permit application.
(2) The Administrator may by publication in the Federal Register extend the date by which owners and operators of
specified classes of existing hazardous waste management facilities must submit part A of their permit application if
he finds that (i) there has been substantial confusion as to whether the owners and operators of such facilities were
required to file a permit application and (ii) such confusion is attributed to ambiguities in EPA's parts 260, 261, 265, or
266 regulations.
(3) The Administrator may by compliance order issued under section 3008 of RCRA extend the date by which the
owner and operator of an existing hazardous waste management facility must submit part A of their permit
application.
(4) The owner or operator of an existing hazardous waste management facility may be required to submit part B of
their permit application. The State Director may require submission of part B (or equivalent completion of the State
RCRA application process) if the State in which the facility is located has received interim or final authorization; if not,
the Regional Administrator may require submission of Part B. Any owner or operator shall be allowed at least six
months from the date of request to submit part B of the application. Any owner or operator of an existing hazardous
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waste management facility may voluntarily submit part B of the application at any time. Notwithstanding the above,
any owner or operator of an existing hazardous waste management facility must submit a part B permit application in
accordance with the dates specified in §270.73. Any owner or operator of a land disposal facility in existence on the
effective date of statutory or regulatory amendments under this Act that render the facility subject to the requirement
to have a RCRA permit must submit a part B application in accordance with the dates specified in §270.73.
(5) Failure to furnish a requested part B application on time, or to furnish in full the information required by the part B
application, is grounds for termination of interim status under part 124.
(f) New HWM facilities. (1) Except as provided in paragraph (f)(3) of this section, no person shall begin physical
construction of a new HWM facility without having submitted parts A and B of the permit application and having
received a finally effective RCRA permit.
(2) An application for a permit for a new hazardous waste management facility (including both Parts A and B) may be
filed any time after promulgation of those standards in part 264, subpart I et seq. applicable to such facility. The
application shall be filed with the Regional Administrator if at the time of application the State in which the new
hazardous waste management facility is proposed to be located has not received interim or final authorization for
permitting such facility; otherwise it shall be filed with the State Director. Except as provided in paragraph (f)(3) of this
section, all applications must be submitted at least 180 days before physical construction is expected to commence.
(3) Notwithstanding paragraph (f)(1) of this section, a person may construct a facility for the incineration of
polychlorinated biphenyls pursuant to an approval issued by the Administrator under section (6)(e) of the Toxic
Substances Control Act and any person owning or operating such a facility may, at any time after construction or
operation of such facility has begun, file an application for a RCRA permit to incinerate hazardous waste authorizing
such facility to incinerate waste identified or listed under Subtitle C of RCRA.
(g) Updating permit applications. (1) If any owner or operator of a hazardous waste management facility has filed Part
A of a permit application and has not yet filed part B, the owner or operator shall file an amended part A application:
(i) With the Regional Administrator if the facility is located in a State which has not obtained interim authorization or
final authorization, within six months after the promulgation of revised regulations under part 261 listing or identifying
additional hazardous wastes, if the facility is treating, storing or disposing of any of those newly listed or identified
wastes.
(ii) With the State Director, if the facility is located in a State which has obtained interim authorization or final
authorization, no later than the effective date of regulatory provisions listing or designating wastes as hazardous in
that State in addition to those listed or designated under the previously approved State program, if the facility is
treating, storing or disposing of any of those newly listed or designated wastes; or
(iii) As necessary to comply with provisions of §270.72 for changes during interim status or with the analogous
provisions of a State program approved for final authorization or interim authorization. Revised Part A applications
necessary to comply with the provisions of §270.72 shall be filed with the Regional Administrator if the State in which
the facility in question is located does not have interim authorization or final authorization; otherwise it shall be filed
with the State Director (if the State has an analogous provision).
(2) The owner or operator of a facility who fails to comply with the updating requirements of paragraph (g)(1) of this
section does not receive interim status as to the wastes not covered by duly filed part A applications.
(h) Reapplying for a permit. If you have an effective permit and you want to reapply for a new one, you have two
options:
(1) You may submit a new application at least 180 days before the expiration date of the effective permit, unless the
Director allows a later date; or
(2) If you intend to be covered by a standardized permit, you may submit a Notice of Intent as described in
§270.51 (e)(1) at least 180 days before the expiration date of the effective permit, unless the Director allows a later
date. The Director may not allow you to submit applications or Notices of Intent later than the expiration date of the
existing permit, except as allowed by §270.51(e)(2).
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(i) Recordkeeping. Applicants shall keep records of all data used to complete permit applications and any
supplemental information submitted under §§270.10(d), 270.13, 270.14 through 270.21 fora period of at least 3
years from the date the application is signed.
(j) Exposure information. (1) After August 8, 1985, any part B permit application submitted by an owner or operator of
a facility that stores, treats, or disposes of hazardous waste in a surface impoundment or a landfill must be
accompanied by information, reasonably ascertainable by the owner or operator, on the potential for the public to be
exposed to hazardous wastes or hazardous constituents through releases related to the unit. At a minimum, such
information must address:
(i) Reasonably foreseeable potential releases from both normal operations and accidents at the unit, including
releases associated with transportation to or from the unit;
(ii) The potential pathways of human exposure to hazardous wastes or constituents resulting from the releases
described under paragraph (j)(1 )(i) of this section; and
(iii) The potential magnitude and nature of the human exposure resulting from such releases.
(2) By August 8, 1985, owners and operators of a landfill or a surface impoundment who have already submitted a
part B application must submit the exposure information required in paragraph (j)(1) of this section.
(k) The Director may require a permittee or an applicant to submit information in order to establish permit conditions
under §§270.32(b)(2) and 270.50(d) of this chapter.
(I) If the Director concludes, based on one or more of the factors listed in paragraph (l)(1) of this section that
compliance with the standards of 40 CFR part 63, subpart EEE alone may not be protective of human health or the
environment, the Director shall require the additional information orassessment(s) necessary to determine whether
additional controls are necessary to ensure protection of human health and the environment. This includes
information necessary to evaluate the potential risk to human health and/or the environment resulting from both direct
and indirect exposure pathways. The Director may also require a permittee or applicant to provide information
necessary to determine whether such an assessment(s) should be required.
(1)The Director shall base the evaluation of whether compliance with the standards of 40 CFR part 63, subpart EEE
alone is protective of human health or the environment on factors relevant to the potential risk from a hazardous
waste combustion unit, including, as appropriate, any of the following factors:
(i) Particular site-specific considerations such as proximity to receptors (such as schools, hospitals, nursing homes,
day care centers, parks, community activity centers, or other potentially sensitive receptors), unique dispersion
patterns, etc.;
(ii) Identities and quantities of emissions of persistent, bioaccumulative or toxic pollutants considering enforceable
controls in place to limit those pollutants;
(iii) Identities and quantities of nondioxin products of incomplete combustion most likely to be emitted and to pose
significant risk based on known toxicities (confirmation of which should be made through emissions testing);
(iv) Identities and quantities of other off-site sources of pollutants in proximity of the facility that significantly influence
interpretation of a facility-specific risk assessment;
(v) Presence of significant ecological considerations, such as the proximity of a particularly sensitive ecological area;
(vi) Volume and types of wastes, for example wastes containing highly toxic constituents;
(vii) Other on-site sources of hazardous air pollutants that significantly influence interpretation of the risk posed by the
operation of the source in question;
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(viii) Adequacy of any previously conducted risk assessment, given any subsequent changes in conditions likely to
affect risk; and
(ix) Such other factors as may be appropriate.
(2) [Reserved]
[48 FR 14228, Apr. 1, 1983; 48 FR 30114, June 30, 1983, as amended at 50 FR 28751, July 15, 1985; 51 FR 10176,
Mar. 24, 1986; 52 FR 45799, Dec. 1, 1987; 54 FR 9607, Mar. 7, 1989; 60 FR 33914, June 29, 1995; 70 FR 53474,
Sept. 8, 2005; 70 FR 59576, Oct. 12, 2005; 71 FR 40279, July 14, 2006]
§ 270.11 Signatories to permit applications and reports.
(a) Applications. All permit applications shall be signed as follows:
(1) Fora corporation: By a responsible corporate officer. For the purpose of this section, a responsible corporate
officer means (i) A president, secretary, treasurer, or vice-president of the corporation in charge of a principal
business function, or any other person who performs similar policy- or decisionmaking functions for the corporation,
or (ii) the manager of one or more manufacturing, production or operating facilities employing more than 250 persons
or having gross annual sales or expenditures exceeding $25 million (in second-quarter 1980 dollars), if authority to
sign documents has been assigned or delegated to the manager in accordance with corporate procedures.
Note: EPA does not require specific assignments or delegations of authority to responsible corporate
officers identified in §270.11(a)(1)(i). The Agency will presume that these responsible corporate officers
have the requisite authority to sign permit applications unless the corporation has notified the Director to
the contrary. Corporate procedures governing authority to sign permit applications may provide for
assignment or delegation to applicable corporate positions under §270.11 (a)(1)(ii) rather than to specific
individuals.
(2) For a partnership or sole proprietorship; by a general partner or the proprietor, respectively; or
(3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected
official. For purposes of this section, a principal executive officer of a Federal agency includes: (i) The chief executive
officer of the agency, or (ii) a senior executive officer having responsibility for the overall operations of a principal
geographic unit of the agency (e.g., Regional Administrators of EPA).
(b) Reports. All reports required by permits and other information requested by the Director shall be signed by a
person described in paragraph (a) of this section, or by a duly authorized representative of that person. A person is a
duly authorized representative only if:
(1) The authorization is made in writing by a person described in paragraph (a) of this section;
(2) The authorization specifies either an individual or a position having responsibility for overall operation of the
regulated facility or activity such as the position of plant manager, operator of a well or a well field, superintendent, or
position of equivalent responsibility. (A duly authorized representative may thus be either a named individual or any
individual occupying a named position); and
(3) The written authorization is submitted to the Director.
(c) Changes to authorization. If an authorization under paragraph (b) of this section is no longer accurate because a
different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying
the requirements of paragraph (b) of this section must be submitted to the Director prior to or together with any
reports, information, or applications to be signed by an authorized representative.
(d)(1) Any person signing a document under paragraph (a) or(b) of this section must make the following certification:
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I certify under penalty of law that this document and all attachments were prepared under my direction or
supervision according to a system designed to assure that qualified personnel properly gather and
evaluate the information submitted. Based on my inquiry of the person or persons who manage the
system, or those persons directly responsible forgathering the information, the information submitted is,
to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant
penalties for submitting false information, including the possibility of fine and imprisonment for knowing
violations.
(2) For remedial action plans (RAPs) under subpart H of this part, if the operator certifies according to paragraph
(d)(1) of this section, then the owner may choose to make the following certification instead of the certification in
paragraph (d)(1) of this section:
Based on my knowledge of the conditions of the property described in the RAP and my inquiry of the
person or persons who manage the system referenced in the operator's certification, or those persons
directly responsible forgathering the information, the information submitted is, to the best of my
knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for
submitting false information, including the possibility of fine and imprisonment for knowing violations.
(Clean Water Act (33 U.S.C. 1251 et seq. ), Safe Drinking Water Act (42 U.S.C. 300f et seq. ), Clean Air Act (42
U.S.C. 7401 et seq. ), Resource Conservation and Recovery Act (42 U.S.C. 6901 et seq. ))
[48 FR 14228, Apr. 1, 1983, as amended at 48 FR 39622, Sept. 1, 1983; 63 FR 65941, Nov. 30, 1998; 71 FR 40279,
July 14, 2006]
§ 270.12 Confidentiality of information.
(a) In accordance with 40 CFR part 2, any information submitted to EPA pursuant to these regulations may be
claimed as confidential by the submitter. Any such claim must be asserted at the time of submission in the manner
prescribed on the application form or instructions or, in the case of other submissions, by stamping the words
"confidential business information" on each page containing such information. If no claim is made at the time of
submission, EPA may make the information available to the public without further notice. If a claim is asserted, the
information will be treated in accordance with the procedures in 40 CFR part 2 (Public Information).
(b) Claims of confidentiality for the name and address of any permit applicant or permittee will be denied.
§ 270.13 Contents of part A of the permit application.
Part A of the RCRA application shall include the following information:
(a) The activities conducted by the applicant which require it to obtain a permit under RCRA.
(b) Name, mailing address, and location, including latitude and longitude of the facility for which the application is
submitted.
(c) Up to four SIC codes which best reflect the principal products or services provided by the facility.
(d) The operator's name, address, telephone number, ownership status, and status as Federal, State, private, public,
or other entity.
(e) The name, address, and phone number of the owner of the facility.
(f) Whether the facility is located on Indian lands.
(g) An indication of whether the facility is new or existing and whether it is a first or revised application.
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(h) For existing facilities, (1) a scale drawing of the facility showing the location of all past, present, and future
treatment, storage, and disposal areas; and (2) photographs of the facility clearly delineating all existing structures;
existing treatment, storage, and disposal areas; and sites of future treatment, storage, and disposal areas.
(i) A description of the processes to be used for treating, storing, and disposing of hazardous waste, and the design
capacity of these items.
(j) A specification of the hazardous wastes listed or designated under 40 CFR part 261 to be treated, stored, or
disposed of at the facility, an estimate of the quantity of such wastes to be treated, stored, or disposed annually, and
a general description of the processes to be used for such wastes.
(k) A listing of all permits or construction approvals received or applied for under any of the following programs:
(1) Hazardous Waste Management program under RCRA.
(2) UIC program under the SWDA.
(3) NPDES program under the CWA.
(4) Prevention of Significant Deterioration (PSD) program under the Clean Air Act.
(5) Nonattainment program under the Clean Air Act.
(6) National Emission Standards for Hazardous Pollutants (NESHAPS) preconstruction approval under the Clean Air
Act.
(7) Ocean dumping permits under the Marine Protection Research and Sanctuaries Act.
(8) Dredge or fill permits under section 404 of the CWA.
(9) Other relevant environmental permits, including State permits.
(I) A topographic map (or other map if a topographic map is unavailable) extending one mile beyond the property
boundaries of the source, depicting the facility and each of its intake and discharge structures; each of its hazardous
waste treatment, storage, or disposal facilities; each well where fluids from the facility are injected underground; and
those wells, springs, other surface water bodies, and drinking water wells listed in public records or otherwise known
to the applicant within1/4mile of the facility property boundary.
(m) A brief description of the nature of the business.
(n) For hazardous debris, a description of the debris category(ies) and contaminant category(ies) to be treated,
stored, or disposed of at the facility.
[48 FR 14228, Apr. 1, 1983, as amended at 57 FR 37281, Aug. 18, 1992; 71 FR 40279, July 14, 2006]
§ 270.14 Contents of part B: General requirements.
(a) Part B of the permit application consists of the general information requirements of this section, and the specific
information requirements in §§0.14 through 270.29 applicable to the facility. The part B information requirements
presented in §§270.14 through 270.29 reflect the standards promulgated in 40 CFR part 264. These information
requirements are necessary in order for EPA to determine compliance with the part 264 standards. If owners and
operators of HWM facilities can demonstrate that the information prescribed in part B can not be provided to the
extent required, the Director may make allowance for submission of such information on a case-by-case basis.
Information required in part B shall be submitted to the Director and signed in accordance with the requirements in
§270.11. Certain technical data, such as design drawings and specifications, and engineering studies shall be
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certified by a qualified Professional Engineer. For post-closure permits, only the information specified in §270.28 is
required in part B of the permit application.
(b) General information requirements. The following information is required for all HWM facilities, except as §264.1
provides otherwise:
(1) A general description of the facility.
(2) Chemical and physical analyses of the hazardous waste and hazardous debris to be handled at the facility. At a
minimum, these analyses shall contain all the information which must be known to treat, store, or dispose of the
wastes properly in accordance with part 264 of this chapter.
(3) A copy of the waste analysis plan required by §264.13(b) and, if applicable §264.13(c).
(4) A description of the security procedures and equipment required by §264.14, or a justification demonstrating the
reasons for requesting a waiver of this requirement.
(5) A copy of the general inspection schedule required by §264.15(b) of this part. Include where applicable, as part of
the inspection schedule, specific requirements in §§264.174, 264.193(1), 264.195, 264.226, 264.254, 264.273,
264.303, 264.602, 264.1033, 264.1052, 264.1053, 264.1058, 264.1084, 264.1085, 264.1086, and 264.1088 of this
part.
(6) A justification of any request for a waiver(s) of the preparedness and prevention requirements of part 264, subpart
C.
(7) A copy of the contingency plan required by part 264, subpart D. Note: Include, where applicable, as part of the
contingency plan, specific requirements in §§264.227, 264.255, and 264.200.
(8) A description of procedures, structures, or equipment used at the facility to:
(i) Prevent hazards in unloading operations (for example, ramps, special forklifts);
(ii) Prevent runoff from hazardous waste handling areas to other areas of the facility or environment, or to prevent
flooding (for example, berms, dikes, trenches);
(iii) Prevent contamination of water supplies;
(iv) Mitigate effects of equipment failure and power outages;
(v) Prevent undue exposure of personnel to hazardous waste (for example, protective clothing); and
(vi) Prevent releases to atmosphere.
(9) A description of precautions to prevent accidental ignition or reaction of ignitable, reactive, or incompatible wastes
as required to demonstrate compliance with §264.17 including documentation demonstrating compliance with
§264.17(c).
(10) Traffic pattern, estimated volume (number, types of vehicles) and control (for example, show turns across traffic
lanes, and stacking lanes (if appropriate); describe access road surfacing and load bearing capacity; show traffic
control signals).
(11) Facility location information;
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(i) In order to determine the applicability of the seismic standard [§264.18(a)] the owner or operator of a new facility
must identify the political jurisdiction (e.g., county, township, or election district) in which the facility is proposed to be
located.
[ Comment: If the county or election district is not listed in appendix VI of part 264, no further information
is required to demonstrate compliance with §264.18(a).]
(ii) If the facility is proposed to be located in an area listed in appendix VI of part 264, the owner or operator shall
demonstrate compliance with the seismic standard. This demonstration may be made using either published geologic
data or data obtained from field investigations carried out by the applicant. The information provided must be of such
quality to be acceptable to geologists experienced in identifying and evaluating seismic activity. The information
submitted must show that either:
(A) No faults which have had displacement in Holocene time are present, or no lineations which suggest the
presence of a fault (which have displacement in Holocene time) within 3,000 feet of a facility are present, based on
data from:
( 1 ) Published geologic studies,
( 2 ) Aerial reconnaissance of the area within a five-mile radius from the facility.
( 3 ) An analysis of aerial photographs covering a 3,000 foot radius of the facility, and
( 4 ) If needed to clarify the above data, a reconnaissance based on walking portions of the area within 3,000 feet of
the facility, or
(B) If faults (to include lineations) which have had displacement in Holocene time are present within 3,000 feet of a
facility, no faults pass within 200 feet of the portions of the facility where treatment, storage, or disposal of hazardous
waste will be conducted, based on data from a comprehensive geologic analysis of the site. Unless a site analysis is
otherwise conclusive concerning the absence of faults within 200 feet of such portions of the facility data shall be
obtained from a subsurface exploration (trenching) of the area within a distance no less than 200 feet from portions of
the facility where treatment, storage, or disposal of hazardous waste will be conducted. Such trenching shall be
performed in a direction that is perpendicular to known faults (which have had displacement in Holocene time)
passing within 3,000 feet of the portions of the facility where treatment, storage, or disposal of hazardous waste will
be conducted. Such investigation shall document with supporting maps and other analyses, the location of faults
found.
[ Comment: The Guidance Manual for the Location Standards provides greater detail on the content of
each type of seismic investigation and the appropriate conditions under which each approach or a
combination of approaches would be used.]
(iii) Owners and operators of all facilities shall provide an identification of whether the facility is located within a 100-
year floodplain. This identification must indicate the source of data for such determination and include a copy of the
relevant Federal Insurance Administration (FIA) flood map, if used, or the calculations and maps used where an FIA
map is not available. Information shall also be provided identifying the 100-year flood level and any other special
flooding factors (e.g., wave action) which must be considered in designing, constructing, operating, or maintaining the
facility to withstand washout from a 100-year flood.
[ Comment: Where maps for the National Flood Insurance Program produced by the Federal Insurance
Administration (FIA) of the Federal Emergency Management Agency are available, they will normally be
determinative of whether a facility is located within or outside of the 100-year floodplain. However, where
the FIA map excludes an area (usually areas of the floodplain less than 200 feet in width), these areas
must be considered and a determination made as to whether they are in the 100-year floodplain. Where
FIA maps are not available for a proposed facility location, the owner or operator must use equivalent
mapping techniques to determine whether the facility is within the 100-year floodplain, and if so located,
what the 100-year flood elevation would be.]
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(iv) Owners and operators of facilities located in the 100-year floodplain must provide the following information:
(A) Engineering analysis to indicate the various hydrodynamic and hydrostatic forces expected to result at the site as
consequence of a 100-year flood.
(B) Structural or other engineering studies showing the design of operational units (e.g., tanks, incinerators) and flood
protection devices (e.g., floodwalls, dikes) at the facility and how these will prevent washout.
(C) If applicable, and in lieu of paragraphs (b)(11)(iv) (A) and (B) of this section, a detailed description of procedures
to be followed to remove hazardous waste to safety before the facility is flooded, including:
( •/ ) Timing of such movement relative to flood levels, including estimated time to move the waste, to show that such
movement can be completed before floodwaters reach the facility.
( 2 ) A description of the location(s) to which the waste will be moved and demonstration that those facilities will be
eligible to receive hazardous waste in accordance with the regulations under parts 270, 271, 124, and 264 through
266 of this chapter.
( 3 ) The planned procedures, equipment, and personnel to be used and the means to ensure that such resources will
be available in time for use.
( 4 ) The potential for accidental discharges of the waste during movement.
(v) Existing facilities NOT in compliance with §264.18(b) shall provide a plan showing how the facility will be brought
into compliance and a schedule for compliance.
(12) An outline of both the introductory and continuing training programs by owners or operators to prepare persons
to operate or maintain the HWM facility in a safe manner as required to demonstrate compliance with §264.16. A brief
description of how training will be designed to meet actual job tasks in accordance with requirements in
§264.16(a)(3).
(13) A copy of the closure plan and, where applicable, the post-closure plan required by §§264.112, 264.118, and
264.197. Include, where applicable, as part of the plans, specific requirements in §§264.178, 264.197, 264.228,
264.258, 264.280, 264.310, 264.351, 264.601, and 264.603.
(14) For hazardous waste disposal units that have been closed, documentation that notices required under §264.119
have been filed.
(15) The most recent closure cost estimate for the facility prepared in accordance with §264.142 and a copy of the
documentation required to demonstrate financial assurance under §264.143. Fora new facility, a copy of the required
documentation may be submitted 60 days prior to the initial receipt of hazardous wastes, if that is later than the
submission of the part B.
(16) Where applicable, the most recent post-closure cost estimate for the facility prepared in accordance with
§264.144 plus a copy of the documentation required to demonstrate financial assurance under §264.145. For a new
facility, a copy of the required documentation may be submitted 60 days prior to the initial receipt of hazardous
wastes, if that is later than the submission of the part B.
(17) Where applicable, a copy of the insurance policy or other documentation which comprises compliance with the
requirements of §264.147. Fora new facility, documentation showing the amount of insurance meeting the
specification of §264.147(a) and, if applicable, §264.147(b), that the owner or operator plans to have in effect before
initial receipt of hazardous waste for treatment, storage, or disposal. A request for a variance in the amount of
required coverage, for a new or existing facility, may be submitted as specified in §264.147(c).
(18) Where appropriate, proof of coverage by a State financial mechanism in compliance with §264.149 or §264.150.
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(19) A topographic map showing a distance of 1,000 feet around the facility at a scale of 2.5 centimeters (1 inch)
equal to not more than 61.0 meters (200 feet). Contours must be shown on the map. The contour interval must be
sufficient to clearly show the pattern of surface water flow in the vicinity of and from each operational unit of the
facility. For example, contours with an interval of 1.5 meters (5 feet), if relief is greater than 6.1 meters (20 feet), or an
interval of 0.6 meters (2 feet), if relief is less than 6.1 meters (20 feet). Owners and operators of HWM facilities
located in mountainous areas should use large contour intervals to adequately show topographic profiles of facilities.
The map shall clearly show the following:
(i) Map scale and date.
(ii) 100-year floodplain area.
(iii) Surface waters including intermittent streams.
(iv) Surrounding land uses (residential, commercial, agricultural, recreational).
(v) A wind rose (i.e., prevailing wind-speed and direction).
(vi) Orientation of the map (north arrow).
(vii) Legal boundaries of the HWM facility site.
(viii) Access control (fences, gates).
(ix) Injection and withdrawal wells both on-site and off-site.
(x) Buildings; treatment, storage, or disposal operations; or other structure (recreation areas, runoff control systems,
access and internal roads, storm, sanitary, and process sewerage systems, loading and unloading areas, fire control
facilities, etc.)
(xi) Barriers for drainage or flood control.
(xii) Location of operational units within the HWM facility site, where hazardous waste is (or will be) treated, stored, or
disposed (include equipment cleanup areas).
Note: For large HWM facilities the Agency will allow the use of other scales on a case-by-case basis.
(20) Applicants may be required to submit such information as may be necessary to enable the Regional
Administrator to carry out his duties under other Federal laws as required in §270.3 of this part.
(21) For land disposal facilities, if a case-by-case extension has been approved under §268.5 or a petition has been
approved under §268.6, a copy of the notice of approval for the extension or petition is required.
(22) A summary of the pre-application meeting, along with a list of attendees and their addresses, and copies of any
written comments or materials submitted at the meeting, as required under§124.31(c).
(c) Additional information requirements. The following additional information regarding protection of groundwater is
required from owners or operators of hazardous waste facilities containing a regulated unit except as provided in
§264.90(b) of this chapter:
(1) A summary of the ground-water monitoring data obtained during the interim status period under §§265.90 through
265.94, where applicable.
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(2) Identification of the uppermost aquifer and aquifers hydraulically interconnected beneath the facility property,
including ground-water flow direction and rate, and the basis for such identification (i.e., the information obtained
from hydrogeologic investigations of the facility area).
(3) On the topographic map required under paragraph (b)(19) of this section, a delineation of the waste management
area, the property boundary, the proposed "point of compliance" as defined under §264.95, the proposed location of
ground-water monitoring wells as required under §264.97, and, to the extent possible, the information required in
paragraph (c)(2) of this section.
(4) A description of any plume of contamination that has entered the ground water from a regulated unit at the time
that the application was submitted that:
(i) Delineates the extent of the plume on the topographic map required under paragraph (b)(19) of this section;
(ii) Identifies the concentration of each appendix IX, of part 264 of this chapter, constituent throughout the plume or
identifies the maximum concentrations of each appendix IX constituent in the plume.
(5) Detailed plans and an engineering report describing the proposed ground water monitoring program to be
implemented to meet the requirements of §264.97.
(6) If the presence of hazardous constituents has not been detected in the ground water at the time of permit
application, the owner or operator must submit sufficient information, supporting data, and analyses to establish a
detection monitoring program which meets the requirements of §264.98. This submission must address the following
items specified under §264.98:
(i) A proposed list of indicator parameters, waste constituents, or reaction products that can provide a reliable
indication of the presence of hazardous constituents in the ground water;
(ii) A proposed ground-water monitoring system;
(iii) Background values for each proposed monitoring parameter or constituent, or procedures to calculate such
values; and
(iv) A description of proposed sampling, analysis and statistical comparison procedures to be utilized in evaluating
ground-water monitoring data.
(7) If the presence of hazardous constituents has been detected in the ground water at the point of compliance at the
time of the permit application, the owner or operator must submit sufficient information, supporting data, and analyses
to establish a compliance monitoring program which meets the requirements of §264.99. Except as provided in
§264.98(h)(5), the owner or operator must also submit an engineering feasibility plan for a corrective action program
necessary to meet the requirements of §264.100, unless the owner or operator obtains written authorization in
advance from the Regional Administrator to submit a proposed permit schedule for submittal of such a plan. To
demonstrate compliance with §264.99, the owner or operator must address the following items:
(i) A description of the wastes previously handled at the facility;
(ii) A characterization of the contaminated ground water, including concentrations of hazardous constituents;
(iii) A list of hazardous constituents for which compliance monitoring will be undertaken in accordance with §§264.97
and 264.99;
(iv) Proposed concentration limits for each hazardous constituent, based on the criteria set forth in §264.94(a),
including a justification for establishing any alternate concentration limits;
(v) Detailed plans and an engineering report describing the proposed ground-water monitoring system, in accordance
with the requirements of §264.97; and
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(vi) A description of proposed sampling, analysis and statistical comparison procedures to be utilized in evaluating
ground-water monitoring data.
(8) If hazardous constituents have been measured in the ground water which exceed the concentration limits
established under §264.94 Table 1, or if ground water monitoring conducted at the time of permit application under
§§265.90 through 265.94 at the waste boundary indicates the presence of hazardous constituents from the facility in
ground water over background concentrations, the owner or operator must submit sufficient information, supporting
data, and analyses to establish a corrective action program which meets the requirements of §264.100. However, an
owner or operator is not required to submit information to establish a corrective action program if he demonstrates to
the Regional Administrator that alternate concentration limits will protect human health and the environment after
considering the criteria listed in §264.94(b). An owner or operator who is not required to establish a corrective action
program for this reason must instead submit sufficient information to establish a compliance monitoring program
which meets the requirements of §264.99 and paragraph (c)(6) of this section. To demonstrate compliance with
§264.100, the owner or operator must address, at a minimum, the following items:
(i) A characterization of the contaminated ground water, including concentrations of hazardous constituents;
(ii) The concentration limit for each hazardous constituent found in the ground water as set forth in §264.94;
(iii) Detailed plans and an engineering report describing the corrective action to be taken; and
(iv) A description of how the ground-water monitoring program will demonstrate the adequacy of the corrective action.
(v) The permit may contain a schedule forsubmittal of the information required in paragraphs (c)(8) (iii) and (iv)
provided the owner or operator obtains written authorization from the Regional Administrator prior to submittal of the
complete permit application.
(d) Information requirements for solid waste management units. (1) The following information is required for each
solid waste management unit at a facility seeking a permit:
(i) The location of the unit on the topographic map required under paragraph (b)(19) of this section.
(ii) Designation of type of unit.
(iii) General dimensions and structural description (supply any available drawings).
(iv) When the unit was operated.
(v) Specification of all wastes that have been managed at the unit, to the extent available.
(2) The owner or operator of any facility containing one or more solid waste management units must submit all
available information pertaining to any release of hazardous wastes or hazardous constituents from such unit or units.
(3) The owner/operator must conduct and provide the results of sampling and analysis of groundwater, landsurface,
and subsurface strata, surface water, or air, which may include the installation of wells, where the Director ascertains
it is necessary to complete a RCRA Facility Assessment that will determine if a more complete investigation is
necessary.
[48 FR 14228, Apr. 1, 1983; 48 FR 30114, June 30, 1983]
Editorial Note: For Federal Register citations affecting §270.14, 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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§ 270.15 Specific part B information requirements for containers.
Except as otherwise provided in §264.170, owners or operators of facilities that store containers of hazardous waste
must provide the following additional information:
(a) A description of the containment system to demonstrate compliance with §264.175. Show at least the following:
(1) Basic design parameters, dimensions, and materials of construction.
(2) How the design promotes drainage or how containers are kept from contact with standing liquids in the
containment system.
(3) Capacity of the containment system relative to the number and volume of containers to be stored.
(4) Provisions for preventing or managing run-on.
(5) How accumulated liquids can be analyzed and removed to prevent overflow.
(b) For storage areas that store containers holding wastes that do not contain free liquids, a demonstration of
compliance with §264.175(c), including:
(1) Test procedures and results or other documentation or information to show that the wastes do not contain free
liquids; and
(2) A description of how the storage area is designed or operated to drain and remove liquids or how containers are
kept from contact with standing liquids.
(c) Sketches, drawings, or data demonstrating compliance with §264.176 (location of bufferzone and containers
holding ignitable or reactive wastes) and §264.177(c) (location of incompatible wastes), where applicable.
(d) Where incompatible wastes are stored or otherwise managed in containers, a description of the procedures used
to ensure compliance with §§264.177 (a) and (b), and 264.17 (b) and (c).
(e) Information on air emission control equipment as required in §270.27.
[48 FR 14228, Apr. 1, 1983; 48 FR 30114, June 30, 1983; 59 FR 62952, Dec. 6, 1994]
§ 270.16 Specific part B information requirements for tank systems.
Except as otherwise provided in §264.190, owners and operators of facilities that use tanks to store or treat
hazardous waste must provide the following additional information:
(a) A written assessment that is reviewed and certified by a qualified Professional Engineer as to the structural
integrity and suitability for handling hazardous waste of each tank system, as required under §§264.191 and 264.192
of this chapter;
(b) Dimensions and capacity of each tank;
(c) Description of feed systems, safety cutoff, bypass systems, and pressure controls (e.g., vents);
(d) A diagram of piping, instrumentation, and process flow for each tank system;
(e) A description of materials and equipment used to provide external corrosion protection, as required under
§264.192(a)(3)(ii);
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(f) For new tank systems, a detailed description of how the tank system(s) will be installed in compliance with
§264.192 (b), (c), (d), and (e);
(g) Detailed plans and description of how the secondary containment system for each tank system is or will be
designed, constructed, and operated to meet the requirements of §264.193 (a), (b), (c), (d), (e), and (f);
(h) For tank systems for which a variance from the requirements of §264.193 is sought (as provided by
§§264.193(g)):
(1) Detailed plans and engineering and hydrogeologic reports, as appropriate, describing alternate design and
operating practices that will, in conjunction with location aspects, prevent the migration of any hazardous waste or
hazardous constituents into the ground water or surface water during the life of the facility, or
(2) A detailed assessment of the substantial present or potential hazards posed to human health or the environment
should a release enter the environment.
(i) Description of controls and practices to prevent spills and overflows, as required under §264.194(b); and
(j) For tank systems in which ignitable, reactive, or incompatible wastes are to be stored or treated, a description of
how operating procedures and tank system and facility design will achieve compliance with the requirements of
§§264.198 and 264.199.
(k) Information on air emission control equipment as required in §270.27.
[51 FR 25486, July 14, 1986; 51 FR 29431, Aug. 15, 1986; 59 FR 62952, Dec. 6, 1994; 71 FR 16914, Apr. 4, 2006]
§ 270.17 Specific part B information requirements for surface impoundments.
Except as otherwise provided in §264.1, owners and operators of facilities that store, treat or dispose of hazardous
waste in surface impoundments must provide the following additional information:
(a) A list of the hazardous wastes placed or to be placed in each surface impoundment;
(b) Detailed plans and an engineering report describing how the surface impoundment is designed and is or will be
constructed, operated, and maintained to meet the requirements of §§264.19, 264.221, 264.222, and 264.223 of this
chapter, addressing the following items:
(1) The liner system (except for an existing portion of a surface impoundment). If an exemption from the requirement
for a liner is sought as provided by §264.221 (b), submit detailed plans and engineering and hydrogeologic reports, as
appropriate, describing alternate design and operating practices that will, in conjunction with location aspects, prevent
the migration of any hazardous constituents into the ground water or surface water at any future time;
(2) The double liner and leak (leachate) detection, collection, and removal system, if the surface impoundment must
meet the requirements of §264.221 (c) of this chapter. If an exemption from the requirements for double liners and a
leak detection, collection, and removal system or alternative design is sought as provided by §264.221 (d), (e), or (f)
of this chapter, submit appropriate information;
(3) If the leak detection system is located in a saturated zone, submit detailed plans and an engineering report
explaining the leak detection system design and operation, and the location of the saturated zone in relation to the
leak detection system;
(4) The construction quality assurance (CQA) plan if required under §264.19 of this chapter;
(5) Proposed action leakage rate, with rationale, if required under §264.222 of this chapter, and response action plan,
if required under §264.223 of this chapter;
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(6) Prevention of overtopping; and
(7) Structural integrity of dikes;
(c) A description of how each surface impoundment, including the double liner system, leak detection system, cover
system, and appurtenances for control of overtopping, will be inspected in order to meet the requirements of
§264.226(a), (b), and (d) of this chapter. This information must be included in the inspection plan submitted under
§270.14(b)(5);
(d) A certification by a qualified engineer which attests to the structural integrity of each dike, as required under
§264.226(c). For new units, the owner or operator must submit a statement by a qualified engineer that he will
provide such a certification upon completion of construction in accordance with the plans and specifications;
(e) A description of the procedure to be used for removing a surface impoundment from service, as required under
§264.227(b) and (c). This information should be included in the contingency plan submitted under §270.14(b)(7);
(f) A description of how hazardous waste residues and contaminated materials will be removed from the unit at
closure, as required under §264.228(a)(1). For any wastes not to be removed from the unit upon closure, the owner
or operator must submit detailed plans and an engineering report describing how §264.228(a)(2) and (b) will be
complied with. This information should be included in the closure plan and, where applicable, the post-closure plan
submitted under §270.14(b)(13);
(g) If ignitable or reactive wastes are to be placed in a surface impoundment, an explanation of how §264.229 will be
complied with;
(h) If incompatible wastes, or incompatible wastes and materials will be placed in a surface impoundment, an
explanation of how §264.230 will be complied with.
(i) A waste management plan for EPA Hazardous Waste Nos. FO20, FO21, FO22, FO23, FO26, and FO27
describing how the surface impoundment is or will be designed, constructed, operated, and maintained to meet the
requirements of §264.231. This submission must address the following items as specified in §264.231:
(1) The volume, physical, and chemical characteristics of the wastes, including their potential to migrate through soil
or to volatilize or escape into the atmosphere;
(2) The attenuative properties of underlying and surrounding soils or other materials;
(3) The mobilizing properties of other materials co-disposed with these wastes; and
(4) The effectiveness of additional treatment, design, or monitoring techniques.
(j) Information on air emission control equipment as required in §270.27.
[48 FR 14228, Apr. 1, 1983, as amended at 50 FR 2006, Jan. 14, 1985; 50 FR 28752, July 15, 1985; 57 FR 3495,
Jan. 29, 1992; 59 FR 62952, Dec. 6, 1994; 71 FR 40279, July 14, 2006]
§ 270.18 Specific part B information requirements for waste piles.
Except as otherwise provided in §264.1, owners and operators of facilities that store or treat hazardous waste in
waste piles must provide the following additional information:
(a) A list of hazardous wastes placed or to be placed in each waste pile;
(b) If an exemption is sought to §264.251 and subpart F of part 264 as provided by §264.250(c) or §264.90(b)(2), an
explanation of how the standards of §264.250(c) will be complied with or detailed plans and an engineering report
describing how the requirements of §264.90(b)(2) will be met.
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(c) Detailed plans and an engineering report describing how the waste pile is designed and is or will be constructed,
operated, and maintained to meet the requirements of §§264.19, 264.251, 264.252, and 264.253 of this chapter,
addressing the following items:
(1)(i) The liner system (except for an existing portion of a waste pile), if the waste pile must meet the requirements of
§264.251 (a) of this chapter. If an exemption from the requirement for a liner is sought as provided by §264.251 (b) of
this chapter, submit detailed plans, and engineering and hydrogeological reports, as appropriate, describing alternate
designs and operating practices that will, in conjunction with location aspects, prevent the migration of any hazardous
constituents into the ground water or surface water at any future time;
(ii) The double liner and leak (leachate) detection, collection, and removal system, if the waste pile must meet the
requirements of §264.251 (c) of this chapter. If an exemption from the requirements for double liners and a leak
detection, collection, and removal system or alternative design is sought as provided by §264.251 (d), (e), or (f) of this
chapter, submit appropriate information;
(iii) If the leak detection system is located in a saturated zone, submit detailed plans and an engineering report
explaining the leak detection system design and operation, and the location of the saturated zone in relation to the
leak detection system;
(iv) The construction quality assurance (CQA) plan if required under §264.19 of this chapter;
(v) Proposed action leakage rate, with rationale, if required under §264.252 of this chapter, and response action plan,
if required under §264.253 of this chapter;
(2) Control of run-on;
(3) Control of run-off;
(4) Management of collection and holding units associated with run-on and run-off control systems; and
(5) Control of wind dispersal of particulate matter, where applicable;
(d) A description of how each waste pile, including the double liner system, leachate collection and removal system,
leak detection system, cover system, and appurtenances for control of run-on and run-off, will be inspected in order to
meet the requirements of §264.254(a), (b), and (c) of this chapter. This information must be included in the inspection
plan submitted under §270.14(b)(5);
(e) If treatment is carried out on or in the pile, details of the process and equipment used, and the nature and quality
of the residuals;
(f) If ignitable or reactive wastes are to be placed in a waste pile, an explanation of how the requirements of §264.256
will be complied with;
(g) If incompatible wastes, or incompatible wastes and materials will be placed in a waste pile, an explanation of how
§264.257 will be complied with;
(h) A description of how hazardous waste residues and contaminated materials will be removed from the waste pile at
closure, as required under §264.258(a). For any waste not to be removed from the waste pile upon closure, the
owner or operator must submit detailed plans and an engineering report describing how §264.310 (a) and (b) will be
complied with. This information should be included in the closure plan and, where applicable, the post-closure plan
submitted under §270.14(b)(13).
(i) A waste management plan for EPA Hazardous Waste Nos. FO20, FO21, FO22, FO23, FO26, and FO27
describing how a waste pile that is not enclosed (as defined in §264.250(c)) is or will be designed, constructed,
operated, and maintained to meet the requirements of §264.259. This submission must address the following items
as specified in §264.259:
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(1) The volume, physical, and chemical characteristics of the wastes to be disposed in the waste pile, including their
potential to migrate through soil or to volatilize or escape into the atmosphere;
(2) The attenuative properties of underlying and surrounding soils or other materials;
(3) The mobilizing properties of other materials co-disposed with these wastes; and
(4) The effectiveness of additional treatment, design, or monitoring techniques.
[48 FR 14228, Apr. 1, 1983, as amended at 50 FR 2006, Jan. 14, 1985; 50 FR 28752, July 15, 1985; 57 FR 3496,
Jan. 29, 1992; 71 FR 40279, July 14, 2006]
§ 270.19 Specific part B information requirements for incinerators.
Except as §264.340 of this Chapter and §270.19(e) provide otherwise, owners and operators of facilities that
incinerate hazardous waste must fulfill the requirements of paragraphs (a), (b), or (c) of this section.
(a) When seeking an exemption under §264.340 (b) or (c) of this chapter (Ignitable, corrosive, or reactive wastes
only):
(1) Documentation that the waste is listed as a hazardous waste in part 261, subpart D of this chapter, solely because
it is ignitable (Hazard Code I) or corrosive (Hazard Code C) or both; or
(2) Documentation that the waste is listed as a hazardous waste in part 261, subpart D of this chapter, solely because
it is reactive (Hazard Code R) for characteristics other than those listed in §261.23(a) (4) and (5) of this chapter, and
will not be burned when other hazardous wastes are present in the combustion zone; or
(3) Documentation that the waste is a hazardous waste solely because it possesses the characteristic of ignitability,
corrosivity, or both, as determined by the tests for characteristics of hazardous waste under part 261, subpart C of
this chapter; or
(4) Documentation that the waste is a hazardous waste solely because it possesses the reactivity characteristics
listed in §261.23(a) (1), (2), (3), (6), (7), or (8) of this chapter, and that it will not be burned when other hazardous
wastes are present in the combustion zone; or
(b) Submit a trial burn plan or the results of a trial burn, including all required determinations, in accordance with
§270.62; or
(c) In lieu of a trial burn, the applicant may submit the following information:
(1) An analysis of each waste or mixture of wastes to be burned including:
(i) Heat value of the waste in the form and composition in which it will be burned.
(ii) Viscosity (if applicable), or description of physical form of the waste.
(iii) An identification of any hazardous organic constituents listed in part 261, appendix VIII, of this chapter, which are
present in the waste to be burned, except that the applicant need not analyze for constituents listed in part 261,
appendix VIII, of this chapter which would reasonably not be expected to be found in the waste. The constituents
excluded from analysis must be identified and the basis for their exclusion stated. The waste analysis must rely on
appropriate analytical techniques.
(iv) An approximate quantification of the hazardous constituents identified in the waste, within the precision produced
by appropriate analytical methods.
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(v) A quantification of those hazardous constituents in the waste which may be designated as POHC's based on data
submitted from other trial or operational burns which demonstrate compliance with the performance standards in
§264.343 of this chapter.
(2) A detailed engineering description of the incinerator, including:
(i) Manufacturer's name and model number of incinerator.
(ii) Type of incinerator.
(iii) Linear dimension of incinerator unit including cross sectional area of combustion chamber.
(iv) Description of auxiliary fuel system (type/feed).
(v) Capacity of prime mover.
(vi) Description of automatic waste feed cutoff system(s).
(vii) Stack gas monitoring and pollution control monitoring system.
(viii) Nozzle and burner design.
(ix) Construction materials.
(x) Location and description of temperature, pressure, and flow indicating devices and control devices.
(3) A description and analysis of the waste to be burned compared with the waste for which data from operational or
trial burns are provided to support the contention that a trial burn is not needed. The data should include those items
listed in paragraph (c)(1) of this section. This analysis should specify the POHC's which the applicant has identified in
the waste for which a permit is sought, and any differences from the POHC's in the waste for which burn data are
provided.
(4) The design and operating conditions of the incinerator unit to be used, compared with that for which comparative
burn data are available.
(5) A description of the results submitted from any previously conducted trial burn(s) including:
(i) Sampling and analysis techniques used to calculate performance standards in §264.343 of this chapter,
(ii) Methods and results of monitoring temperatures, waste feed rates, carbon monoxide, and an appropriate indicator
of combustion gas velocity (including a statement concerning the precision and accuracy of this measurement),
(6) The expected incinerator operation information to demonstrate compliance with §§264.343 and 264.345 of this
chapter including:
(i) Expected carbon monoxide (CO) level in the stack exhaust gas.
(ii) Waste feed rate.
(iii) Combustion zone temperature.
(iv) Indication of combustion gas velocity.
(v) Expected stack gas volume, flow rate, and temperature.
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(vi) Computed residence time for waste in the combustion zone.
(vii) Expected hydrochloric acid removal efficiency.
(viii) Expected fugitive emissions and their control procedures.
(ix) Proposed waste feed cut-off limits based on the identified significant operating parameters.
(7) Such supplemental information as the Director finds necessary to achieve the purposes of this paragraph.
(8) Waste analysis data, including that submitted in paragraph (c)(1) of this section, sufficient to allow the Director to
specify as permit Principal Organic Hazardous Constituents (permit POHC's) those constituents for which destruction
and removal efficiencies will be required.
(d) The Director shall approve a permit application without a trial burn if he finds that:
(1) The wastes are sufficiently similar; and
(2) The incinerator units are sufficiently similar, and the data from other trial burns are adequate to specify (under
§264.345 of this chapter) operating conditions that will ensure that the performance standards in §264.343 of this
chapter will be met by the incinerator.
(e) When an owner or operator of a hazardous waste incineration unit becomes subject to RCRA permit requirements
after October 12, 2005, or when an owner or operator of an existing hazardous waste incineration unit demonstrates
compliance with the air emission standards and limitations in part 63, subpart EEE, of this chapter (i.e. , by
conducting a comprehensive performance test and submitting a Notification of Compliance under §§63.1207(j) and
63.1210(d) of this chapter documenting compliance with all applicable requirements of part 63, subpart EEE, of this
chapter), the requirements of this section do not apply, except those provisions the Director determines are
necessary to ensure compliance with §§264.345(a) and 264.345(c) of this chapter if you elect to comply with
§270.235(a)(1)(i) to minimize emissions of toxic compounds from startup, shutdown, and malfunction events.
Nevertheless, the Director may apply the provisions of this section, on a case-by-case basis, for purposes of
information collection in accordance with §§270.10(k), 270.10(1), 270.32(b)(2), and 270.32(b)(3).
[48 FR 14228, Apr. 1, 1983, as amended at 58 FR 46051, Aug. 31, 1993; 64 FR 53076, Sept. 30, 1999; 67 FR 6816,
Feb. 13, 2002; 67 FR 77692, Dec. 19, 2002; 70 FR 34590, June 14, 2005; 70 FR 59577, Oct. 12, 2005]
§ 270.20 Specific part B information requirements for land treatment facilities.
Except as otherwise provided in §264.1, owners and operators of facilities that use land treatment to dispose of
hazardous waste must provide the following additional information:
(a) A description of plans to conduct a treatment demonstration as required under §264.272. The description must
include the following information;
(1) The wastes for which the demonstration will be made and the potential hazardous constituents in the waste;
(2) The data sources to be used to make the demonstration ( e.g., literature, laboratory data, field data, or operating
data);
(3) Any specific laboratory or field test that will be conducted, including:
(i) The type of test ( e.g., column leaching, degradation);
(ii) Materials and methods, including analytical procedures;
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(iii) Expected time for completion;
(iv) Characteristics of the unit that will be simulated in the demonstration, including treatment zone characteristics,
climatic conditions, and operating practices.
(b) A description of a land treatment program, as required under §264.271. This information must be submitted with
the plans for the treatment demonstration, and updated following the treatment demonstration. The land treatment
program must address the following items:
(1) The wastes to be land treated;
(2) Design measures and operating practices necessary to maximize treatment in accordance with §264.273(a)
including:
(i) Waste application method and rate;
(ii) Measures to control soil pH;
(iii) Enhancement of microbial or chemical reactions;
(iv) Control of moisture content;
(3) Provisions for unsaturated zone monitoring, including:
(i) Sampling equipment, procedures, and frequency;
(ii) Procedures for selecting sampling locations;
(iii) Analytical procedures;
(iv) Chain of custody control;
(v) Procedures for establishing background values;
(vi) Statistical methods for interpreting results;
(vii) The justification for any hazardous constituents recommended for selection as principal hazardous constituents,
in accordance with the criteria for such selection in §264.278(a);
(4) A list of hazardous constituents reasonably expected to be in, or derived from, the wastes to be land treated
based on waste analysis performed pursuant to §264.13;
(5) The proposed dimensions of the treatment zone;
(c) A description of how the unit is or will be designed, constructed, operated, and maintained in order to meet the
requirements of §264.273. This submission must address the following items:
(1) Control of run-on;
(2) Collection and control of run-off;
(3) Minimization of run-off of hazardous constituents from the treatment zone;
(4) Management of collection and holding facilities associated with run-on and run-off control systems;
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(5) Periodic inspection of the unit. This information should be included in the inspection plan submitted under
§270.14(b)(5);
(6) Control of wind dispersal of particulate matter, if applicable;
(d) If food-chain crops are to be grown in or on the treatment zone of the land treatment unit, a description of how the
demonstration required under §264.276(a) will be conducted including:
(1) Characteristics of the food-chain crop for which the demonstration will be made.
(2) Characteristics of the waste, treatment zone, and waste application method and rate to be used in the
demonstration;
(3) Procedures for crop growth, sample collection, sample analysis, and data evaluation;
(4) Characteristics of the comparison crop including the location and conditions under which it was or will be grown;
(e) If food-chain crops are to be grown, and cadmium is present in the land-treated waste, a description of how the
requirements of §264.276(b) will be complied with;
(f) A description of the vegetative cover to be applied to closed portions of the facility, and a plan for maintaining such
cover during the post-closure care period, as required under §§264.280(a)(8) and 264.280(c)(2). This information
should be included in the closure plan and, where applicable, the post-closure care plan submitted under
§270.14(b)(13);
(g) If ignitable or reactive wastes will be placed in or on the treatment zone, an explanation of how the requirements
of §264.281 will be complied with;
(h) If incompatible wastes, or incompatible wastes and materials, will be placed in or on the same treatment zone, an
explanation of how §264.282 will be complied with.
(i) A waste management plan for EPA Hazardous Waste Nos. FO20, FO21, FO22, FO23, FO26, and FO27
describing how a land treatment facility is or will be designed, constructed, operated, and maintained to meet the
requirements of §264.283. This submission must address the following items as specified in §264.283:
(1) The volume, physical, and chemical characteristics of the wastes, including their potential to migrate through soil
or to volatilize or escape into the atmosphere;
(2) The attenuative properties of underlying and surrounding soils or other materials;
(3) The mobilizing properties of other materials co-disposed with these wastes; and
(4) The effectiveness of additional treatment, design, or monitoring techniques.
[48 FR 14228, Apr. 1, 1983; 48 FR 30114, June 30, 1983, as amended at 50 FR 2006, Jan. 14, 1985; 71 FR 40279,
July 14, 2006]
§ 270.21 Specific part B information requirements for landfills.
Except as otherwise provided in §264.1, owners and operators of facilities that dispose of hazardous waste in landfills
must provide the following additional information:
(a) A list of the hazardous wastes placed or to be placed in each landfill or landfill cell;
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(b) Detailed plans and an engineering report describing how the landfill is designed and is or will be constructed,
operated, and maintained to meet the requirements of §§264.19, 264.301, 264.302, and 264.303 of this chapter,
addressing the following items:
(1)(i) The liner system (except for an existing portion of a landfill), if the landfill must meet the requirements of
§264.301 (a) of this chapter. If an exemption from the requirement for a liner is sought as provided by §264.301 (b) of
this chapter, submit detailed plans, and engineering and hydrogeological reports, as appropriate, describing alternate
designs and operating practices that will, in conjunction with location aspects, prevent the migration of any hazardous
constituents into the ground water or surface water at any future time;
(ii) The double liner and leak (leachate) detection, collection, and removal system, if the landfill must meet the
requirements of §264.301 (c) of this chapter. If an exemption from the requirements for double liners and a leak
detection, collection, and removal system or alternative design is sought as provided by §264.301(d), (e), or (f) of this
chapter, submit appropriate information;
(iii) If the leak detection system is located in a saturated zone, submit detailed plans and an engineering report
explaining the leak detection system design and operation, and the location of the saturated zone in relation to the
leak detection system;
(iv) The construction quality assurance (CQA) plan if required under §264.19 of this chapter;
(v) Proposed action leakage rate, with rationale, if required under §264.302 of this chapter, and response action plan,
if required under §264.303 of this chapter;
(2) Control of run-on;
(3) Control of run-off;
(4) Management of collection and holding facilities associated with run-on and run-off control systems; and
(5) Control of wind dispersal of particulate matter, where applicable;
(c) A description of how each landfill, including the double liner system, leachate collection and removal system, leak
detection system, cover system, and appurtenances for control of run-on and run-off, will be inspected in order to
meet the requirements of §264.303(a), (b), and (c) of this chapter. This information must be included in the inspection
plan submitted under §270.14(b)(5);
(d) A description of how each landfill, including the liner and cover systems, will be inspected in order to meet the
requirements of §264.303 (a) and (b). This information should be included in the inspection plan submitted under
§270.14(b)(5).
(e) Detailed plans and an engineering report describing the final cover which will be applied to each landfill or landfill
cell at closure in accordance with §264.310(a), and a description of how each landfill will be maintained and
monitored after closure in accordance with §264.310(b). This information should be included in the closure and post-
closure plans submitted under §270.14(b)(13).
(f) If ignitable or reactive wastes will be landfilled, an explanation of how the standards of §264.312 will be complied
with;
(g) If incompatible wastes, or incompatible wastes and materials will be landfilled, an explanation of how §264.313
will be complied with;
(h) If bulk or non-containerized liquid waste or wastes containing free liquids is to be landfilled prior to May 8, 1985,
an explanation of how the requirements of §264.314(a) will be complied with;
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(i) If containers of hazardous waste are to be landfilled, an explanation of how the requirements of §264.315 or
§264.316, as applicable, will be complied with.
(j) A waste management plan for EPA Hazardous Waste Nos. FO20, FO21, FO22, FO23, FO26, and FO27
describing how a landfill is or will be designed, constructed, operated, and maintained to meet the requirements of
§264.317. This submission must address the following items as specified in §264.317:
(1) The volume, physical, and chemical characteristics of the wastes, including their potential to migrate through soil
or to volatilize or escape into the atmosphere;
(2) The attenuative properties of underlying and surrounding soils or other materials;
(3) The mobilizing properties of other materials co-disposed with these wastes; and
(4) The effectiveness of additional treatment, design, or monitoring techniques.
[48 FR 14228, Apr. 1, 1983; 48 FR 30114, June 30, 1983, as amended at 50 FR 2006, Jan. 14, 1985; 50 FR 28752,
July 15, 1985; 57 FR 3496, Jan. 29, 1992]
§ 270.22 Specific part B information requirements for boilers and industrial furnaces burning
hazardous waste.
When an owner or operator of a cement kiln, lightweight aggregate kiln, solid fuel boiler, liquid fuel boiler, or
hydrochloric acid production furnace becomes subject to RCRA permit requirements after October 12, 2005, or when
an owner or operator of an existing cement kiln, lightweight aggregate kiln, solid fuel boiler, liquid fuel boiler, or
hydrochloric acid production furnace demonstrates compliance with the air emission standards and limitations in part
63, subpart EEE, of this chapter (i.e. , by conducting a comprehensive performance test and submitting a Notification
of Compliance under §§63.1207Q) and 63.1210(d) of this chapter documenting compliance with all applicable
requirements of part 63, subpart EEE, of this chapter), the requirements of this section do not apply. The
requirements of this section do apply, however, if the Director determines certain provisions are necessary to ensure
compliance with §§266.102(e)(1) and 266.102(e)(2)(iii) of this chapter if you elect to comply with §270.235(a)(1)(i) to
minimize emissions of toxic compounds from startup, shutdown, and malfunction events; or if you are an area source
and elect to comply with the §§266.105, 266.106, and 266.107 standards and associated requirements for particulate
matter, hydrogen chloride and chlorine gas, and non-mercury metals; or the Director determines certain provisions
apply, on a case-by-case basis, for purposes of information collection in accordance with §§270.10(k), 270.10(1),
270.32(b)(2), and 270.32(b)(3).
(a) Trial burns —(1) General. Except as provided below, owners and operators that are subject to the standards to
control organic emissions provided by §266.104 of this chapter, standards to control particulate matter provided by
§266.105 of this chapter, standards to control metals emissions provided by §266.106 of this chapter, or standards to
control hydrogen chloride or chlorine gas emissions provided by §266.107 of this chapter must conduct a trial burn to
demonstrate conformance with those standards and must submit a trial burn plan or the results of a trial burn,
including all required determinations, in accordance with §270.66.
(i) A trial burn to demonstrate conformance with a particular emission standard may be waived under provisions of
§§266.104 through 266.107 of this chapter and paragraphs (a)(2) through (a)(5) of this section; and
(ii) The owner or operator may submit data in lieu of a trial burn, as prescribed in paragraph (a)(6) of this section.
(2) Waiver of trial burn for ORE —(i) Boilers operated under special operating requirements. When seeking to be
permitted under §§266.104(a)(4) and 266.110 of this chapter that automatically waive the ORE trial burn, the owner
or operator of a boiler must submit documentation that the boiler operates under the special operating requirements
provided by §266.110 of this chapter.
(ii) Boilers and industrial furnaces burning low risk waste. When seeking to be permitted under the provisions for low
risk waste provided by §§266.104(a)(5) and 266.109(a) of this chapter that waive the ORE trial burn, the owner or
operator must submit:
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(A) Documentation that the device is operated in conformance with the requirements of §266.109(a)(1) of this
chapter.
(B) Results of analyses of each waste to be burned, documenting the concentrations of nonmetal compounds listed in
appendix VIII of part 261 of this chapter, except for those constituents that would reasonably not be expected to be in
the waste. The constituents excluded from analysis must be identified and the basis for their exclusion explained. The
analysis must rely on appropriate analytical techniques.
(C) Documentation of hazardous waste firing rates and calculations of reasonable, worst-case emission rates of each
constituent identified in paragraph (a)(2)(ii)(B) of this section using procedures provided by §266.109(a)(2)(ii) of this
chapter.
(D) Results of emissions dispersion modeling for emissions identified in paragraphs (a)(2)(ii)(C) of this section using
modeling procedures prescribed by §266.106(h) of this chapter. The Director will review the emission modeling
conducted by the applicant to determine conformance with these procedures. The Director will either approve the
modeling or determine that alternate or supplementary modeling is appropriate.
(E) Documentation that the maximum annual average ground level concentration of each constituent identified in
paragraph (a)(2)(ii)(B) of this section quantified in conformance with paragraph (a)(2)(ii)(D) of this section does not
exceed the allowable ambient level established in appendices IV or V of part 266. The acceptable ambient
concentration for emitted constituents for which a specific Reference Air Concentration has not been established in
appendix IV or Risk-Specific Dose has not been established in appendix V is 0.1 micrograms per cubic meter, as
noted in the footnote to appendix IV.
(3) Waiverof trial burn for metals. When seeking to be permitted under the Tier I (or adjusted Tier I) metals feed rate
screening limits provided by §266.106 (b) and (e) of this chapter that control metals emissions without requiring a trial
burn, the owner or operator must submit:
(i) Documentation of the feed rate of hazardous waste, other fuels, and industrial furnace feed stocks;
(ii) Documentation of the concentration of each metal controlled by §266.106 (b) or (e) of this chapter in the
hazardous waste, other fuels, and industrial furnace feedstocks, and calculations of the total feed rate of each metal;
(iii) Documentation of how the applicant will ensure that the Tier I feed rate screening limits provided by §266.106 (b)
or (e) of this chapter will not be exceeded during the averaging period provided by that paragraph;
(iv) Documentation to support the determination of the terrain-adjusted effective stack height, good engineering
practice stack height, terrain type, and land use as provided by §266.106 (b)(3) through (b)(5) of this chapter;
(v) Documentation of compliance with the provisions of §266.106(b)(6), if applicable, for facilities with multiple stacks;
(vi) Documentation that the facility does not fail the criteria provided by §266.106(b)(7) for eligibility to comply with the
screening limits; and
(vii) Proposed sampling and metals analysis plan for the hazardous waste, other fuels, and industrial furnace feed
stocks.
(4) Waiver of trial burn for particulate matter. When seeking to be permitted under the low risk waste provisions of
§266.109(b) which waives the particulate standard (and trial burn to demonstrate conformance with the particulate
standard), applicants must submit documentation supporting conformance with paragraphs (a)(2)(ii) and (a)(3) of this
section.
(5) Waiverof trial burn for HCI and CI2. When seeking to be permitted under the Tier I (or adjusted Tier I) feed rate
screening limits for total chloride and chlorine provided by §266.107 (b)(1) and (e) of this chapter that control
emissions of hydrogen chloride (HCI) and chlorine gas (CI2) without requiring a trial burn, the owner or operator must
submit:
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(i) Documentation of the feed rate of hazardous waste, other fuels, and industrial furnace feed stocks;
(ii) Documentation of the levels of total chloride and chlorine in the hazardous waste, other fuels, and industrial
furnace feedstocks, and calculations of the total feed rate of total chloride and chlorine;
(iii) Documentation of how the applicant will ensure that the Tier I (or adjusted Tier I) feed rate screening limits
provided by §266.107 (b)(1) or (e) of this chapter will not be exceeded during the averaging period provided by that
paragraph;
(iv) Documentation to support the determination of the terrain-adjusted effective stack height, good engineering
practice stack height, terrain type, and land use as provided by §266.107(b)(3) of this chapter;
(v) Documentation of compliance with the provisions of §266.107(b)(4), if applicable, for facilities with multiple stacks;
(vi) Documentation that the facility does not fail the criteria provided by §266.107(b)(3) for eligibility to comply with the
screening limits; and
(vii) Proposed sampling and analysis plan for total chloride and chlorine for the hazardous waste, other fuels, and
industrial furnace feedstocks.
(6) Data in lieu of trial burn. The owner or operator may seek an exemption from the trial burn requirements to
demonstrate conformance with §§266.104 through 266.107 of this chapter and §270.66 by providing the information
required by §270.66 from previous compliance testing of the device in conformance with §266.103 of this chapter, or
from compliance testing or trial or operational burns of similar boilers or industrial furnaces burning similar hazardous
wastes under similar conditions. If data from a similar device is used to support a trial burn waiver, the design and
operating information required by §270.66 must be provided for both the similar device and the device to which the
data is to be applied, and a comparison of the design and operating information must be provided. The Director shall
approve a permit application without a trial burn if he finds that the hazardous wastes are sufficiently similar, the
devices are sufficiently similar, the operating conditions are sufficiently similar, and the data from other compliance
tests, trial burns, or operational burns are adequate to specify (under §266.102 of this chapter) operating conditions
that will ensure conformance with §266.102(c) of this chapter. In addition, the following information shall be
submitted:
(i) For a waiver from any trial burn:
(A) A description and analysis of the hazardous waste to be burned compared with the hazardous waste for which
data from compliance testing, or operational or trial burns are provided to support the contention that a trial burn is
not needed;
(B) The design and operating conditions of the boiler or industrial furnace to be used, compared with that for which
comparative burn data are available; and
(C) Such supplemental information as the Director finds necessary to achieve the purposes of this paragraph.
(ii) For a waiver of the ORE trial burn, the basis for selection of POHCs used in the other trial or operational burns
which demonstrate compliance with the ORE performance standard in §266.104(a) of this chapter. This analysis
should specify the constituents in appendix VIII, part 261 of this chapter, that the applicant has identified in the
hazardous waste for which a permit is sought, and any differences from the POHCs in the hazardous waste for which
burn data are provided.
(b) Alternative HC limit for industrial furnaces with organic matter in raw materials. Owners and operators of industrial
furnaces requesting an alternative HC limit under §266.104(f) of this chapter shall submit the following information at
a minimum:
(1) Documentation that the furnace is designed and operated to minimize HC emissions from fuels and raw materials;
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(2) Documentation of the proposed baseline flue gas HC (and CO) concentration, including data on HC (and CO)
levels during tests when the facility produced normal products under normal operating conditions from normal raw
materials while burning normal fuels and when not burning hazardous waste;
(3) Test burn protocol to confirm the baseline HC (and CO) level including information on the type and flow rate of all
feedstreams, point of introduction of all feedstreams, total organic carbon content (or other appropriate measure of
organic content) of all nonfuel feedstreams, and operating conditions that affect combustion of fuel(s) and destruction
of hydrocarbon emissions from nonfuel sources;
(4) Trial burn plan to:
(i) Demonstrate that flue gas HC (and CO) concentrations when burning hazardous waste do not exceed the baseline
HC (and CO) level; and
(ii) Identify the types and concentrations of organic compounds listed in appendix VIII, part 261 of this chapter, that
are emitted when burning hazardous waste in conformance with procedures prescribed by the Director;
(5) Implementation plan to monitor overtime changes in the operation of the facility that could reduce the baseline
HC level and procedures to periodically confirm the baseline HC level; and
(6) Such other information as the Director finds necessary to achieve the purposes of this paragraph.
(c) Alternative metals implementation approach. When seeking to be permitted under an alternative metals
implementation approach under §266.106(f) of this chapter, the owner or operator must submit documentation
specifying how the approach ensures compliance with the metals emissions standards of §266.106(c) or (d) and how
the approach can be effectively implemented and monitored. Further, the owner or operator shall provide such other
information that the Director finds necessary to achieve the purposes of this paragraph.
(d) Automatic waste feed cutoff system. Owners and operators shall submit information describing the automatic
waste feed cutoff system, including any pre-alarm systems that may be used.
(e) Direct transfer. Owners and operators that use direct transfer operations to feed hazardous waste from transport
vehicles (containers, as defined in §266.111 of this chapter) directly to the boiler or industrial furnace shall submit
information supporting conformance with the standards for direct transfer provided by §266.111 of this chapter.
(f) Residues. Owners and operators that claim that their residues are excluded from regulation under the provisions of
§266.112 of this chapter must submit information adequate to demonstrate conformance with those provisions.
[56 FR 7235, Feb. 21, 1991; 56 FR 32691, July 17, 1991, as amended at 64 FR 53077, Sept. 30, 1999; 67 FR 6816,
Feb. 13, 2002; 67 FR 77692, Dec. 19, 2002; 70 FR 34590, June 14, 2005; 70 FR 59577, Oct. 12, 2005]
§ 270.23 Specific part B information requirements for miscellaneous units.
Except as otherwise provided in §264.600, owners and operators of facilities that treat, store, or dispose of hazardous
waste in miscellaneous units must provide the following additional information:
(a) A detailed description of the unit being used or proposed for use, including the following:
(1) Physical characteristics, materials of construction, and dimensions of the unit;
(2) Detailed plans and engineering reports describing how the unit will be located, designed, constructed, operated,
maintained, monitored, inspected, and closed to comply with the requirements of §§264.601 and 264.602; and
(3) For disposal units, a detailed description of the plans to comply with the post-closure requirements of §264.603.
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(b) Detailed hydrologic, geologic, and meteorologic assessments and land-use maps for the region surrounding the
site that address and ensure compliance of the unit with each factor in the environmental performance standards of
§264.601. If the applicant can demonstrate that he does not violate the environmental performance standards of
§264.601 and the Director agrees with such demonstration, preliminary hydrologic, geologic, and meteorologic
assessments will suffice.
(c) Information on the potential pathways of exposure of humans or environmental receptors to hazardous waste or
hazardous constituents and on the potential magnitude and nature of such exposures.
(d) For any treatment unit, a report on a demonstration of the effectiveness of the treatment based on laboratory or
field data.
(e) Any additional information determined by the Director to be necessary for evaluation of compliance of the unit with
the environmental performance standards of §264.601.
§ 270.24 Specific part B information requirements for process vents.
Except as otherwise provided in §264.1, owners and operators of facilities that have process vents to which subpart
AA of part 264 applies must provide the following additional information:
(a) For facilities that cannot install a closed-vent system and control device to comply with the provisions of 40 CFR
264 subpart AA on the effective date that the facility becomes subject to the provisions of 40 CFR 264 or 265 subpart
AA, an implementation schedule as specified in §264.1033(a)(2).
(b) Documentation of compliance with the process vent standards in §264.1032, including:
(1) 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).
(2) Information and data supporting estimates of vent emissions and emission reduction achieved by add-on control
devices based on engineering calculations or source tests. For the purpose of determining compliance, estimates of
vent emissions and emission reductions must be made using operating parameter values (e.g., temperatures, flow
rates, or concentrations) that represent the conditions that exist when the waste management unit is operating at the
highest load or capacity level reasonably expected to occur.
(3) Information and data used to determine whether or not a process vent is subject to the requirements of
§264.1032.
(c) Where an owner or operator applies for permission to use a control device other than a thermal vapor incinerator,
catalytic vapor incinerator, flare, boiler, process heater, condenser, or carbon adsorption system to comply with the
requirements of §264.1032, and chooses to use test data to determine the organic removal efficiency or the total
organic compound concentration achieved by the control device, a performance test plan as specified in
§264.1035(b)(3).
(d) Documentation of compliance with §264.1033, including:
(1) A list of all information references and sources used in preparing the documentation.
(2) Records, including the dates, of each compliance test required by §264.1033(k).
(3) 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
§270.6) or other engineering texts acceptable to the Regional Administrator that present basic control device
information. The design analysis shall address the vent stream characteristics and control device operation
parameters as specified in §264.1035(b)(4)(iii).
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(4) 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.
(5) A statement signed and dated by the owner or operator certifying that the control device is designed to operate at
an efficiency of 95 weight percent or greater unless the total organic emission limits of §264.1032(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.
[55 FR 25518, June 21, 1990, as amended at 56 FR 19290, Apr. 26, 1991; 70 FR 59577, Oct. 12, 2005]
§ 270.25 Specific part B information requirements for equipment.
Except as otherwise provided in §264.1, owners and operators of facilities that have equipment to which subpart BB
of part 264 applies must provide the following additional information:
(a) For each piece of equipment to which subpart BB of part 264 applies:
(1) Equipment identification number and hazardous waste management unit identification.
(2) Approximate locations within the facility (e.g., identify the hazardous waste management unit on a facility plot
plan).
(3) Type of equipment (e.g., a pump or pipeline valve).
(4) Percent by weight total organics in the hazardous waste stream at the equipment.
(5) Hazardous waste state at the equipment (e.g., gas/vapor or liquid).
(6) Method of compliance with the standard (e.g., "monthly leak detection and repair" or "equipped with dual
mechanical seals").
(b) For facilities that cannot install a closed-vent system and control device to comply with the provisions of 40 CFR
264 subpart BB on the effective date that the facility becomes subject to the provisions of 40 CFR 264 or 265 subpart
BB, an implementation schedule as specified in §264.1033(a)(2).
(c) Where an owner or operator applies for permission to use a control device other than a thermal vapor incinerator,
catalytic vapor incinerator, flare, boiler, process heater, condenser, or carbon adsorption system and chooses to use
test data to determine the organic removal efficiency or the total organic compound concentration achieved by the
control device, a performance test plan as specified in §264.1035(b)(3).
(d) Documentation that demonstrates compliance with the equipment standards in §§264.1052 to 264.1059. This
documentation shall contain the records required under §264.1064. The Regional Administrator may request further
documentation before deciding if compliance has been demonstrated.
(e) Documentation to demonstrate compliance with §264.1060 shall include the following information:
(1) A list of all information references and sources used in preparing the documentation.
(2) Records, including the dates, of each compliance test required by §264.1033(j).
(3) 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
§270.6) or other engineering texts acceptable to the Regional Administrator that present basic control device
information. The design analysis shall address the vent stream characteristics and control device operation
parameters as specified in §264.1035(b)(4)(iii).
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(4) 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
operating at the highest load or capacity level reasonably expected to occur.
(5) A statement signed and dated by the owner or operator certifying that the control device is designed to operate at
an efficiency of 95 weight percent or greater.
[55 FR 25518, June 21, 1990, as amended at 56 FR 19290, Apr. 26, 1991; 70 FR 59577, Oct. 12, 2005]
§ 270.26 Special part B information requirements for drip pads.
Except as otherwise provided by §264.1 of this chapter, owners and operators of hazardous waste treatment,
storage, or disposal facilities that collect, store, or treat hazardous waste on drip pads must provide the following
additional information:
(a) A list of hazardous wastes placed or to be placed on each drip pad.
(b) If an exemption is sought to subpart F of part 264 of this chapter, as provided by §264.90 of this chapter, detailed
plans and an engineering report describing how the requirements of §264.90(b)(2) of this chapter will be met.
(c) Detailed plans and an engineering report describing how the drip pad is or will be designed, constructed, operated
and maintained to meet the requirements of §264.573 of this chapter, including the as-built drawings and
specifications. This submission must address the following items as specified in §264.571 of this chapter:
(1)The design characteristics of the drip pad;
(2) The liner system;
(3) The leakage detection system, including the leak detection system and how it is designed to detect the failure of
the drip pad or the presence of any releases of hazardous waste or accumulated liquid at the earliest practicable
time;
(4) Practices designed to maintain drip pads;
(5) The associated collection system;
(6) Control of run-on to the drip pad;
(7) Control of run-off from the drip pad;
(8) The interval at which drippage and other materials will be removed from the associated collection system and a
statement demonstrating that the interval will be sufficient to prevent overflow onto the drip pad;
(9) Procedures for cleaning the drip pad at least once every seven days to ensure the removal of any accumulated
residues of waste or other materials, including but not limited to rinsing, washing with detergents or other appropriate
solvents, or steam cleaning and provisions for documenting the date, time, and cleaning procedure used each time
the pad is cleaned.
(10) Operating practices and procedures that will be followed to ensure that tracking of hazardous waste or waste
constituents off the drip pad due to activities by personnel or equipment is minimized;
(11) Procedures for ensuring that, after removal from the treatment vessel, treated wood from pressure and non-
pressure processes is held on the drip pad until drippage has ceased, including recordkeeping practices;
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(12) Provisions for ensuring that collection and holding units associated with the run-on and run-off control systems
are emptied or otherwise managed as soon as possible after storms to maintain design capacity of the system;
(13) If treatment is carried out on the drip pad, details of the process equipment used, and the nature and quality of
the residuals.
(14) A description of how each drip pad, including appurtenances for control of run-on and run-off, will be inspected in
order to meet the requirements of §264.573 of this chapter. This information should be included in the inspection plan
submitted under §270.14(b)(5) of this part.
(15) A certification signed by a qualified Professional Engineer, stating that the drip pad design meets the
requirements of paragraphs (a) through (f) of §264.573 of this chapter.
(16) A description of how hazardous waste residues and contaminated materials will be removed from the drip pad at
closure, as required under §264.575(a) of this chapter. For any waste not to be removed from the drip pad upon
closure, the owner or operator must submit detailed plans and an engineering report describing how §264.310 (a)
and (b) of this chapter will be complied with. This information should be included in the closure plan and, where
applicable, the post-closure plan submitted under §270.14(b)(13).
[55 FR 50489, Dec. 6, 1990. Redesignated and amended at 56 FR 30198, July 1, 1991; 71 FR 16914, Apr. 4, 2006;
71 FR 40279, July 14, 2006]
§ 270.27 Specific Part B information requirements for air emission controls for tanks, surface
impoundments, and containers.
(a) Except as otherwise provided in 40 CFR 264.1, owners and operators of tanks, surface impoundments, or
containers that use air emission controls in accordance with the requirements of 40 CFR part 264, subpart CC shall
provide the following additional information:
(1) Documentation for each floating roof cover installed on a tank subject to 40 CFR 264.1084(d)(1) or 40 CFR
264.1084(d)(2) 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 applicable
design specifications as listed in 40 CFR 264.1084(e)(1) or 40 CFR 264.1084(f)(1).
(2) Identification of each container area subject to the requirements of 40 CFR part 264, subpart CC and certification
by the owner or operator that the requirements of this subpart are met.
(3) Documentation for each enclosure used to control air pollutant emissions from tanks or containers in accordance
with the requirements of 40 CFR 264.1084(d)(5) or 40 CFR 264.1086(e)(1)(ii) that includes 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.
(4) Documentation for each floating membrane cover installed on a surface impoundment in accordance with the
requirements of 40 CFR 264.1085(c) 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 40 CFR 264.1085(c)(1).
(5) Documentation for each closed-vent system and control device installed in accordance with the requirements of
40 CFR 264.1087 that includes design and performance information as specified in §270.24 (c) and (d) of this part.
(6) An emission monitoring plan for both Method 21 in 40 CFR part 60, appendix A and control device monitoring
methods. This plan shall include the following information: monitoring point(s), monitoring methods for control
devices, monitoring frequency, procedures for documenting exceedances, and procedures for mitigating
noncompliances.
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(7) When an owner or operator of a facility subject to 40 CFR part 265, subpart CC cannot comply with 40 CFR part
264, subpart CC by the date of permit issuance, the schedule of implementation required under 40 CFR 265.1082.
[61 FR 59996, Nov. 25, 1996]
§ 270.28 Part B information requirements for post-closure permits.
For post-closure permits, the owner or operator is required to submit only the information specified in §§270.14(b)(1),
(4), (5), (6), (11), (13), (14), (16), (18) and (19), (c), and (d), unless the Regional Administrator determines that
additional information from §§270.14, 270.16, 270.17, 270.18, 270.20, or 270.21 is necessary. The owner or operator
is required to submit the same information when an alternative authority is used in lieu of a post-closure permit as
provided in §270.1(c)(7).
[63 FR 56735, Oct. 22, 1998]
§ 270.29 Permit denial.
The Director may, pursuant to the procedures in part 124, deny the permit application either in its entirety or as to the
active life of a hazardous waste management facility or unit only.
[54 FR 9607, Mar. 7, 1989]
§ 270.30 Conditions applicable to all permits.
The following conditions apply to all RCRA permits, and shall be incorporated into the permits either expressly or by
reference. If incorporated by reference, a specific citation to these regulations (or the corresponding approved State
regulations) must be given in the permit.
(a) Duty to comply. The permittee must comply with all conditions of this permit, except that the permittee need not
comply with the conditions of this permit to the extent and for the duration such noncompliance is authorized in an
emergency permit. (See §270.61). Any permit noncompliance, except under the terms of an emergency permit,
constitutes a violation of the appropriate Act and is grounds for enforcement action; for permit termination, revocation
and reissuance, or modification; or for denial of a permit renewal application.
(b) Duty to reapply. If the permittee wishes to continue an activity regulated by this permit after the expiration date of
this permit, the permittee must apply for and obtain a new permit.
(c) Need to halt or reduce activity not a defense. It shall not be a defense for a permittee in an enforcement action
that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the
conditions of this permit.
(d) In the event of noncompliance with the permit, the permittee shall take all reasonable steps to minimize releases
to the environment, and shall carry out such measures as are reasonable to prevent significant adverse impacts on
human health or the environment.
(e) Proper operation and maintenance. The permittee shall at all times properly operate and maintain all facilities and
systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve
compliance with the conditions of this permit. Proper operation and maintenance includes effective performance,
adequate funding, adequate operator staffing and training, and adequate laboratory and process controls, including
appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or
similar systems only when necessary to achieve compliance with the conditions of the permit.
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(f) Permit actions. This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request
by the permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned
changes or anticipated noncompliance, does not stay any permit condition.
(g) Property rights. The permit does not convey any property rights of any sort, or any exclusive privilege.
(h) Duty to provide information. The permittee shall furnish to the Director, within a reasonable time, any relevant
information which the Director may request to determine whether cause exists for modifying, revoking and reissuing,
or terminating this permit, or to determine compliance with this permit. The permittee shall also furnish to the Director,
upon request, copies of records required to be kept by this permit.
(i) Inspection and entry. The permittee shall allow the Director, or an authorized representative, upon the presentation
of credentials and other documents as may be required by law to:
(1) Enter at reasonable times upon the permittee's premises where a regulated facility or activity is located or
conducted, or where records must be kept under the conditions of this permit;
(2) Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit;
(3) Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or
operations regulated or required under this permit; and
(4) Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise
authorized by RCRA, any substances or parameters at any location.
(j) Monitoring and records. (1) Samples and measurements taken for the purpose of monitoring shall be
representative of the monitored activity.
(2) The permittee shall retain records of all monitoring information, including all calibration and maintenance records
and all original strip chart recordings for continuous monitoring instrumentation, copies of all reports required by this
permit, the certification required by §264.73(b)(9) of this chapter, and records of all data used to complete the
application for this permit, fora period of at least 3 years from the date of the sample, measurement, report,
certification, or application. This period may be extended by request of the Director at any time. The permittee shall
maintain records from all ground-water monitoring wells and associated ground-water surface elevations, for the
active life of the facility, and for disposal facilities for the post-closure care period as well.
(3) Records for monitoring information shall include:
(i) The date, exact place, and time of sampling or measurements;
(ii) The individual(s) who performed the sampling or measurements;
(iii) The date(s) analyses were performed;
(iv) The individual(s) who performed the analyses;
(v) The analytical techniques or methods used; and
(vi) The results of such analyses.
(k) Signatory requirements. All applications, reports, or information submitted to the Director shall be signed and
certified (See §270.11.)
(I) Reporting requirements —(1) Planned changes. The permittee shall give notice to the Director as soon as possible
of any planned physical alterations or additions to the permitted facility.
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(2) Anticipated noncompliance. The permittee shall give advance notice to the Director of any planned changes in the
permitted facility or activity which may result in noncompliance with permit requirements. For a new facility, the
permittee may not treat, store, or dispose of hazardous waste; and for a facility being modified, the permittee may not
treat, store, or dispose of hazardous waste in the modified portion of the facility except as provided in §270.42, until:
(i) The permittee has submitted to the Director by certified mail or hand delivery a letter signed by the permittee and a
registered professional engineer stating that the facility has been constructed or modified in compliance with the
permit; and
(ii)(A) The Director has inspected the modified or newly constructed facility and finds it is in compliance with the
conditions of the permit; or
(B) Within 15 days of the date of submission of the letter in paragraph (l)(2)(i) of this section, the permittee has not
received notice from the Director of his or her intent to inspect, prior inspection is waived and the permittee may
commence treatment, storage, or disposal of hazardous waste.
(3) Transfers. This permit is not transferable to any person except after notice to the Director. The Director may
require modification or revocation and reissuance of the permit to change the name of the permittee and incorporate
such other requirements as may be necessary under RCRA. (See §270.40)
(4) Monitoring reports. Monitoring results shall be reported at the intervals specified elsewhere in this permit.
(5) Compliance schedules. Reports of compliance or noncompliance with, or any progress reports on, interim and
final requirements contained in any compliance schedule of this permit shall be submitted no later than 14 days
following each schedule date.
(6) Twenty-four hour reporting, (i) The permittee shall report any noncompliance which may endanger health or the
environment orally within 24 hours from the time the permittee becomes aware of the circumstances, including:
(A) Information concerning release of any hazardous waste that may cause an endangerment to public drinking water
supplies.
(B) Any information of a release or discharge of hazardous waste or of a fire or explosion from the HWM facility,
which could threaten the environment or human health outside the facility.
(ii) The description of the occurrence and its cause shall include:
(A) Name, address, and telephone number of the owner or operator;
(B) Name, address, and telephone number of the facility;
(C) Date, time, and type of incident;
(D) Name and quantity of material(s) involved;
(E) The extent of injuries, if any;
(F) An assessment of actual or potential hazards to the environment and human health outside the facility, where this
is applicable; and
(G) Estimated quantity and disposition of recovered material that resulted from the incident.
(iii) A written submission shall also be provided within 5 days of the time the permittee becomes aware of the
circumstances. The written submission shall contain a description of the noncompliance and its cause; the period of
noncompliance including exact dates and times, and if the noncompliance has not been corrected, the anticipated
time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the
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noncompliance. The Director may waive the five day written notice requirement in favor of a written report within
fifteen days.
(7) Manifest discrepancy report: If a significant discrepancy in a manifest is discovered, the permittee must attempt to
reconcile the discrepancy. If not resolved within fifteen days, the permittee must submit a letter report, including a
copy of the manifest, to the Director. (See 40 CFR 264.72.)
(8) Unmanifested waste report: This report must be submitted to the Director within 15 days of receipt of
unmanifested waste. (See 40 CFR 264.76)
(9) Biennial report: A biennial report must be submitted covering facility activities during odd numbered calendar
years. (See 40 CFR 264.75.)
(10) Other noncompliance. The permittee shall report all instances of noncompliance not reported under paragraphs
(l)(4), (5), and (6) of this section, at the time monitoring reports are submitted. The reports shall contain the
information listed in paragraph (l)(6) of this section.
(11) Other information. Where the permittee becomes aware that it failed to submit any relevant facts in a permit
application, or submitted incorrect information in a permit application or in any report to the Director, it shall promptly
submit such facts or information.
(m) Information repository. The Director may require the permittee to establish and maintain an information repository
at anytime, based on the factors set forth in 40 CFR 124.33(b). The information repository will be governed by the
provisions in 40 CFR 124.33(c) through (f).
(Clean Water Act (33 U.S.C. 1251 et seq.), Safe Drinking Water Act (42 U.S.C. 300f et seq.), Clean Air Act (42
U.S.C. 7401 etseq.), Resource Conservation and Recovery Act (42 U.S.C. 6901 etseq.))
[48 FR 14228, Apr. 1, 1983, as amended at 48 FR 30114, June 30, 1983; 48 FR 39622, Sept. 1, 1983; 50 FR 28752,
July 15, 1985; 53 FR 37935, Sept. 28, 1988; 60 FR 63433, Dec. 11, 1995]
§ 270.31 Requirements for recording and reporting of monitoring results.
All permits shall specify:
(a) Requirements concerning the proper use, maintenance, and installation, when appropriate, of monitoring
equipment or methods (including biological monitoring methods when appropriate);
(b) Required monitoring including type, intervals, and frequency sufficient to yield data which are representative of the
monitored activity including, when appropriate, continuous monitoring;
(c) Applicable reporting requirements based upon the impact of the regulated activity and as specified in parts 264,
266 and 267. Reporting shall be no less frequent than specified in the above regulations.
§ 270.32 Establishing permit conditions.
(a) In addition to conditions required in all permits (§270.30), the Director shall establish conditions, as required on a
case-by-case basis, in permits under §§270.50 (duration of permits), 270.33(a) (schedules of compliance), 270.31
(monitoring), and for EPA issued permits only, 270.33(b) (alternate schedules of compliance) and 270.3
(considerations under Federal law).
(b)(1) Each RCRA permit shall include permit conditions necessary to achieve compliance with the Act and
regulations, including each of the applicable requirements specified in parts 264 and 266 through 268 of this chapter.
In satisfying this provision, the Administrator may incorporate applicable requirements of parts 264 and 266 through
268 of this chapter directly into the permit or establish other permit conditions that are based on these parts.
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(2) Each permit issued under section 3005 of this act shall contain terms and conditions as the Administrator or State
Director determines necessary to protect human health and the environment.
(3) If, as the result of an assessment(s) or other information, the Administrator or Director determines that conditions
are necessary in addition to those required under 40 CFR parts 63, subpart EEE, 264 or 266 to ensure protection of
human health and the environment, he shall include those terms and conditions in a RCRA permit for a hazardous
waste combustion unit.
(c) For a State issued permit, an applicable requirement is a State statutory or regulatory requirement which takes
effect prior to final administrative disposition of a permit. Fora permit issued by EPA, an applicable requirement is a
statutory or regulatory requirement (including any interim final regulation) which takes effect prior to the issuance of
the permit. Section 124.14 (reopening of comment period) provides a means for reopening EPA permit proceedings
at the discretion of the Director where new requirements become effective during the permitting process and are of
sufficient magnitude to make additional proceedings desirable. For State and EPA administered programs, an
applicable requirement is also any requirement which takes effect prior to the modification or revocation and
reissuance of a permit, to the extent allowed in §270.41.
(d) New or reissued permits, and to the extent allowed under §270.41, modified or revoked and reissued permits,
shall incorporate each of the applicable requirements referenced in this section and in 40 CFR 270.31.
(e) Incorporation. All permit conditions shall be incorporated either expressly or by reference. If incorporated by
reference, a specific citation to the applicable regulations or requirements must be given in the permit.
[48 FR 14228, Apr. 1, 1983, as amended at 50 FR 28752, July 15, 1985; 51 FR 40653, Nov. 7, 1986; 65 FR 30913,
May 15, 2000; 70 FR 59577, Oct. 12, 2005]
§ 270.33 Schedules of compliance.
(a) The permit may, when appropriate, specify a schedule of compliance leading to compliance with the Act and
regulations.
(1) Time for compliance. Any schedules of compliance under this section shall require compliance as soon as
possible.
(2) Interim dates. Except as provided in paragraph (b)(1 )(ii) of this section, if a permit establishes a schedule of
compliance which exceeds 1 year from the date of permit issuance, the schedule shall set forth interim requirements
and the dates for their achievement.
(i) The time between interim dates shall not exceed 1 year.
(ii) If the time necessary for completion of any interim requirement is more than 1 year and is not readily divisible into
stages for completion, the permit shall specify interim dates for the submission of reports of progress toward
completion of the interim requirements and indicate a projected completion date.
(3) Reporting . The permit shall be written to require that no later than 14 days following each interim date and the
final date of compliance, the permittee shall notify the Director in writing, of its compliance or noncompliance with the
interim or final requirements.
(b) Alternative schedules of compliance . A RCRA permit applicant or permittee may cease conducting regulated
activities (by receiving a terminal volume of hazardous waste and, for treatment and storage HWM facilities, closing
pursuant to applicable requirements; and, for disposal HWM facilities, closing and conducting post-closure care
pursuant to applicable requirements) rather than continue to operate and meet permit requirements as follows:
(1) If the permittee decides to cease conducting regulated activities at a given time within the term of a permit which
has already been issued:
(i) The permit may be modified to contain a new or additional schedule leading to timely cessation of activities; or
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(ii) The permittee shall cease conducting permitted activities before noncompliance with any interim or final
compliance schedule requirement already specified in the permit.
(2) If the decision to cease conducting regulated activities is made before issuance of a permit whose term will
include the termination date, the permit shall contain a schedule leading to termination which will ensure timely
compliance with applicable requirements.
(3) If the permittee is undecided whether to cease conducting regulated activities, the Director may issue or modify a
permit to contain two schedules as follows:
(i) Both schedules shall contain an identical interim deadline requiring a final decision on whether to cease conducting
regulated activities no later than a date which ensures sufficient time to comply with applicable requirements in a
timely manner if the decision is to continue conducting regulated activities;
(ii) One schedule shall lead to timely compliance with applicable requirements;
(iii) The second schedule shall lead to cessation of regulated activities by a date which will ensure timely compliance
with applicable requirements;
(iv) Each permit containing two schedules shall include a requirement that after the permittee has made a final
decision under paragraph (b)(3)(i) of this section it shall follow the schedule leading to compliance if the decision is to
continue conducting regulated activities, and follow the schedule leading to termination if the decision is to cease
conducting regulated activities.
(4) The applicant's or permittee's decision to cease conducting regulated activities shall be evidenced by a firm public
commitment satisfactory to the Director, such as resolution of the board of directors of a corporation.
[48 FR 14228, Apr. 1, 1983, as amended at 48 FR 30114, June 30, 1983; 71 FR 40279, July 14, 2006]
to
§ 270.40 Transfer of permits.
(a) A permit may be transferred by the permittee to a new owner or operator only if the permit has been modified or
revoked and reissued (under §270.40(b) or §270.41 (b)(2)) to identify the new permittee and incorporate such other
requirements as may be necessary under the appropriate Act.
(b) Changes in the ownership or operational control of a facility may be made as a Class 1 modification with prior
written approval of the Director in accordance with §270.42 or as a routine change with prior approval under 40 CFR
124.213. The new owner or operator must submit a revised permit application no later than 90 days prior to the
scheduled change. A written agreement containing a specific date for transfer of permit responsibility between the
current and new permittees must also be submitted to the Director. When a transfer of ownership or operational
control occurs, the old owner or operator shall comply with the requirements of 40 CFR part 264, subpart H (Financial
Requirements) until the new owner or operator has demonstrated that he or she is complying with the requirements
of that subpart. The new owner or operator must demonstrate compliance with subpart H requirements within six
months of the date of the change of ownership or operational control of the facility. Upon demonstration to the
Director by the new owner or operator of compliance with subpart H, the Director shall notify the old owner or
operator that he or she no longer needs to comply with subpart H as of the date of demonstration.
[53 FR 37935, Sept. 28, 1988, as amended at 70 FR 53475, Sept. 8, 2005]
§ 270.41 Modification or revocation and reissuance of permits.
When the Director receives any information (for example, inspects the facility, receives information submitted by the
permittee as required in the permit (see §270.30), receives a request for revocation and reissuance under §124.5 or
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conducts a review of the permit file), he or she may determine whether one or more of the causes listed in
paragraphs (a) and (b) of this section for modification, or revocation and reissuance or both exist. If cause exists, the
Director may modify or revoke and reissue the permit accordingly, subject to the limitations of paragraph (c) of this
section, and may request an updated application if necessary. When a permit is modified, only the conditions subject
to modification are reopened. If a permit is revoked and reissued, the entire permit is reopened and subject to
revision and the permit is reissued fora new term. (See 40 CFR 124.5(c)(2).) If cause does not exist under this
section, the Director shall not modify or revoke and reissue the permit, except on request of the permittee. If a permit
modification is requested by the permittee, the Director shall approve or deny the request according to the
procedures of §270.42, or §270.320 and 40 CFR part 124, subpart G. Otherwise, a draft permit must be prepared
and other procedures in part 124 (or procedures of an authorized State program) followed.
(a) Causes for modification. The following are causes for modification, but not revocation and reissuance, of permits;
the following may be causes for revocation and reissuance, as well as modification, when the permittee requests or
agrees.
(1) Alterations. There are material and substantial alterations or additions to the permitted facility or activity which
occurred after permit issuance which justify the application of permit conditions that are different or absent in the
existing permit.
(2) Information. The Director has received information. Permits may be modified during their terms for this cause only
if the information was not available at the time of permit issuance (other than revised regulations, guidance, or test
methods) and would have justified the application of different permit conditions at the time of issuance.
(3) New statutory requirements or regulations. The standards or regulations on which the permit was based have
been changed by statute, through promulgation of new or amended standards or regulations, or by judicial decision
after the permit was issued.
(4) Compliance schedules. The Director determines good cause exists for modification of a compliance schedule,
such as an act of God, strike, flood, or materials shortage or other events over which the permittee has little or no
control and for which there is no reasonably available remedy.
(5) Notwithstanding any other provision in this section, when a permit for a land disposal facility is reviewed by the
Director under §270.50(d), the Director shall modify the permit as necessary to assure that the facility continues to
comply with the currently applicable requirements in parts 124, 260 through 266, and 270.
(b) Causes for modification or revocation and reissuance. The following are causes to modify or, alternatively, revoke
and reissue a permit:
(1) Cause exists for termination under §270.43, and the Director determines that modification or revocation and
reissuance is appropriate.
(2) The Director has received notification (as required in the permit, see §270.30(l)(3)) of a proposed transfer of the
permit.
(3) The Director has received notification under 40 CFR 124.202(b) of a facility owner or operator's intent to be
covered by a standardized permit.
(c) Facility siting. Suitability of the facility location will not be considered at the time of permit modification or
revocation and reissuance unless new information or standards indicate that a threat to human health or the
environment exists which was unknown at the time of permit issuance.
[48 FR 14228, Apr. 1, 1983, as amended at 48 FR 30114, June 30, 1983; 50 FR 28752, July 15, 1985; 52 FR 45799,
Dec. 1, 1987; 53 FR 37936, Sept. 28, 1988; 70 FR 53475, Sept. 8, 2005; 71 FR 40279, July 14, 2006]
§ 270.42 Permit modification at the request of the permittee.
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(a) Class 1 modifications. (1) Except as provided in paragraph (a)(2) of this section, the permittee may put into effect
Class 1 modifications listed in appendix I of this section under the following conditions:
(i) The permittee must notify the Director concerning the modification by certified mail or other means that establish
proof of delivery within 7 calendar days after the change is put into effect. This notice must specify the changes being
made to permit conditions or supporting documents referenced by the permit and must explain why they are
necessary. Along with the notice, the permittee must provide the applicable information required by §§270.13 through
270.21,270.62, and 270.63.
(ii) The permittee must send a notice of the modification to all persons on the facility mailing list, maintained by the
Director in accordance with 40 CFR 124.10(c)(viii), and the appropriate units of State and local government, as
specified in 40 CFR 124.10(c)(ix). This notification must be made within 90 calendar days after the change is put into
effect. For the Class I modifications that require prior Director approval, the notification must be made within 90
calendar days after the Director approves the request.
(iii) Any person may request the Director to review, and the Director may for cause reject, any Class 1 modification.
The Director must inform the permittee by certified mail that a Class 1 modification has been rejected, explaining the
reasons for the rejection. If a Class 1 modification has been rejected, the permittee must comply with the original
permit conditions.
(2) Class 1 permit modifications identified in appendix I by an asterisk may be made only with the prior written
approval of the Director.
(3) For a Class 1 permit modification, the permittee may elect to follow the procedures in §270.42(b) for Class 2
modifications instead of the Class 1 procedures. The permittee must inform the Director of this decision in the notice
required in §270.42(b)(1).
(b) Class 2 modifications. (1) For Class 2 modifications, listed in appendix I of this section, the permittee must submit
a modification request to the Director that:
(i) Describes the exact change to be made to the permit conditions and supporting documents referenced by the
permit;
(ii) Identifies that the modification is a Class 2 modification;
(iii) Explains why the modification is needed; and
(iv) Provides the applicable information required by §§270.13 through 270.21, 270.62, and 270.63.
(2) The permittee must send a notice of the modification request to all persons on the facility mailing list maintained
by the Director and to the appropriate units of State and local government as specified in 40 CFR 124.10(c)(ix) and
must publish this notice in a major local newspaper of general circulation. This notice must be mailed and published
within 7 days before or after the date of submission of the modification request, and the permittee must provide to the
Director evidence of the mailing and publication. The notice must include:
(i) Announcement of a 60-day comment period, in accordance with §270.42(b)(5), and the name and address of an
Agency contact to whom comments must be sent;
(ii) Announcement of the date, time, and place for a public meeting held in accordance with §270.42(b)(4);
(iii) Name and telephone number of the permittee's contact person;
(iv) Name and telephone number of an Agency contact person;
(v) Location where copies of the modification request and any supporting documents can be viewed and copied; and
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(vi) The following statement: "The permittee's compliance history during the life of the permit being modified is
available from the Agency contact person."
(3) The permittee must place a copy of the permit modification request and supporting documents in a location
accessible to the public in the vicinity of the permitted facility.
(4) The permittee must hold a public meeting no earlier than 15 days after the publication of the notice required in
paragraph (b)(2) of this section and no later than 15 days before the close of the 60-day comment period. The
meeting must be held to the extent practicable in the vicinity of the permitted facility.
(5) The public shall be provided 60 days to comment on the modification request. The comment period will begin on
the date the permittee publishes the notice in the local newspaper. Comments should be submitted to the Agency
contact identified in the public notice.
(6)(i) No later than 90 days after receipt of the notification request, the Director must:
(A) Approve the modification request, with or without changes, and modify the permit accordingly;
(B) Deny the request;
(C) Determine that the modification request must follow the procedures in §270.42(c) for Class 3 modifications for the
following reasons:
( •/ ) There is significant public concern about the proposed modification; or
( 2 ) The complex nature of the change requires the more extensive procedures of Class 3.
(D) Approve the request, with or without changes, as a temporary authorization having a term of up to 180 days, or
(E) Notify the permittee that he or she will decide on the request within the next 30 days.
(ii) If the Director notifies the permittee of a 30-day extension fora decision, the Director must, no later than 120 days
after receipt of the modification request:
(A) Approve the modification request, with or without changes, and modify the permit accordingly;
(B) Deny the request; or
(C) Determine that the modification request must follow the procedures in §270.42(c) for Class 3 modifications for the
following reasons:
( •/ ) There is significant public concern about the proposed modification; or
( 2 ) The complex nature of the change requires the more extensive procedures of Class 3.
(D) Approve the request, with or without changes, as a temporary authorization having a term of up to 180 days.
(iii) If the Director fails to make one of the decisions specified in paragraph (b)(6)(ii) of this section by the 120th day
after receipt of the modification request, the permittee is automatically authorized to conduct the activities described
in the modification request for up to 180 days, without formal Agency action. The authorized activities must be
conducted as described in the permit modification request and must be in compliance with all appropriate standards
of 40 CFR part 265. If the Director approves, with or without changes, or denies the modification request during the
term of the temporary or automatic authorization provided for in paragraphs (b)(6) (i), (ii), or (iii) of this section, such
action cancels the temporary or automatic authorization.
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(iv)(A) In the case of an automatic authorization under paragraph (b)(6)(iii) of this section, or a temporary
authorization under paragraph (b)(6) (i)(D) or (ii)(D) of this section, if the Director has not made a final approval or
denial of the modification request by the date 50 days prior to the end of the temporary or automatic authorization, the
permittee must within seven days of that time send a notification to persons on the facility mailing list, and make a
reasonable effort to notify other persons who submitted written comments on the modification request, that:
( 1 ) The permittee has been authorized temporarily to conduct the activities described in the permit modification
request, and
( 2 ) Unless the Director acts to give final approval or denial of the request by the end of the authorization period, the
permittee will receive authorization to conduct such activities for the life of the permit.
(B) If the owner/operator fails to notify the public by the date specified in paragraph (b)(6)(iv)(A) of this section, the
effective date of the permanent authorization will be deferred until 50 days after the owner/operator notifies the public.
(v) Except as provided in paragraph (b)(6)(vii) of this section, if the Director does not finally approve or deny a
modification request before the end of the automatic or temporary authorization period or reclassify the modification
as a Class 3, the permittee is authorized to conduct the activities described in the permit modification request for the
life of the permit unless modified later under §270.41 or §270.42. The activities authorized under this paragraph must
be conducted as described in the permit modification request and must be in compliance with all appropriate
standards of 40 CFR part 265.
(vi) In making a decision to approve or deny a modification request, including a decision to issue a temporary
authorization or to reclassify a modification as a Class 3, the Director must consider all written comments submitted
to the Agency during the public comment period and must respond in writing to all significant comments in his or her
decision.
(vii) With the written consent of the permittee, the Director may extend indefinitely or for a specified period the time
periods for final approval or denial of a modification request or for reclassifying a modification as a Class 3.
(7) The Director may deny or change the terms of a Class 2 permit modification request under paragraphs (b)(6) (i)
through (iii) of this section for the following reasons:
(i) The modification request is incomplete;
(ii) The requested modification does not comply with the appropriate requirements of 40 CFR part 264 or other
applicable requirements; or
(iii) The conditions of the modification fail to protect human health and the environment.
(8) The permittee may perform any construction associated with a Class 2 permit modification request beginning 60
days after the submission of the request unless the Director establishes a later date for commencing construction and
informs the permittee in writing before day 60.
(c) Class 3 modifications. (1) For Class 3 modifications listed in appendix I of this section, the permittee must submit
a modification request to the Director that:
(i) Describes the exact change to be made to the permit conditions and supporting documents referenced by the
permit;
(ii) Identifies that the modification is a Class 3 modification;
(iii) Explains why the modification is needed; and
(iv) Provides the applicable information required by 40 CFR 270.13 through 270.22, 270.62, 270.63, and 270.66.
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(2) The permittee must send a notice of the modification request to all persons on the facility mailing list maintained
by the Director and to the appropriate units of State and local government as specified in 40 CFR 124.10(c)(ix) and
must publish this notice in a major local newspaper of general circulation. This notice must be mailed and published
within seven days before or after the date of submission of the modification request, and the permittee must provide
to the Director evidence of the mailing and publication. The notice must include:
(i) Announcement of a 60-day comment period, and a name and address of an Agency contact to whom comments
must be sent;
(ii) Announcement of the date, time, and place fora public meeting on the modification request, in accordance with
§270.42(c)(4);
(iii) Name and telephone number of the permittee's contact person;
(iv) Name and telephone number of an Agency contact person;
(v) Location where copies of the modification request and any supporting documents can be viewed and copied; and
(vi) The following statement: "The permittee's compliance history during the life of the permit being modified is
available from the Agency contact person."
(3) The permittee must place a copy of the permit modification request and supporting documents in a location
accessible to the public in the vicinity of the permitted facility.
(4) The permittee must hold a public meeting no earlier than 15 days after the publication of the notice required in
paragraph (c)(2) of this section and no later than 15 days before the close of the 60-day comment period. The
meeting must be held to the extent practicable in the vicinity of the permitted facility.
(5) The public shall be provided at least 60 days to comment on the modification request. The comment period will
begin on the date the permittee publishes the notice in the local newspaper. Comments should be submitted to the
Agency contact identified in the notice.
(6) After the conclusion of the 60-day comment period, the Director must grant or deny the permit modification
request according to the permit modification procedures of 40 CFR part 124. In addition, the Director must consider
and respond to all significant written comments received during the 60-day comment period.
(d) Other modifications. (1) In the case of modifications not explicitly listed in appendix I of this section, the permittee
may submit a Class 3 modification request to the Agency, or he or she may request a determination by the Director
that the modification should be reviewed and approved as a Class 1 or Class 2 modification. If the permittee requests
that the modification be classified as a Class 1 or 2 modification, he or she must provide the Agency with the
necessary information to support the requested classification.
(2) The Director shall make the determination described in paragraph (d)(1) of this section as promptly as practicable.
In determining the appropriate class for a specific modification, the Director shall consider the similarity of the
modification to other modifications codified in appendix I and the following criteria:
(i) Class 1 modifications apply to minor changes that keep the permit current with routine changes to the facility or its
operation. These changes do not substantially alterthe permit conditions or reduce the capacity of the facility to
protect human health or the environment. In the case of Class 1 modifications, the Director may require prior
approval.
(ii) Class 2 modifications apply to changes that are necessary to enable a permittee to respond, in a timely manner,
to,
(A) Common variations in the types and quantities of the wastes managed under the facility permit,
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(B) Technological advancements, and
(C) Changes necessary to comply with new regulations, where these changes can be implemented without
substantially changing design specifications or management practices in the permit.
(iii) Class 3 modifications substantially alter the facility or its operation.
(e) Temporary authorizations. (1) Upon request of the permittee, the Director may, without prior public notice and
comment, grant the permittee a temporary authorization in accordance with this subsection. Temporary
authorizations must have a term of not more than 180 days.
(2)(i) The permittee may request a temporary authorization for:
(A) Any Class 2 modification meeting the criteria in paragraph (e)(3)(ii) of this section, and
(B) Any Class 3 modification that meets the criteria in paragraph (3)(ii) (A) or (B) of this section; or that meets the
criteria in paragraphs (3)(ii) (C) through (E) of this section and provides improved management or treatment of a
hazardous waste already listed in the facility permit.
(ii) The temporary authorization request must include:
(A) A description of the activities to be conducted underthe temporary authorization;
(B) An explanation of why the temporary authorization is necessary; and
(C) Sufficient information to ensure compliance with 40 CFR part 264 standards.
(iii) The permittee must send a notice about the temporary authorization request to all persons on the facility mailing
list maintained by the Director and to appropriate units of State and local governments as specified in 40 CFR
124.10(c)(ix). This notification must be made within seven days of submission of the authorization request.
(3) The Director shall approve or deny the temporary authorization as quickly as practical. To issue a temporary
authorization, the Director must find:
(i) The authorized activities are in compliance with the standards of 40 CFR part 264.
(ii) The temporary authorization is necessary to achieve one of the following objectives before action is likely to be
taken on a modification request:
(A) To facilitate timely implementation of closure or corrective action activities;
(B) To allow treatment or storage in tanks or containers, or in containment buildings in accordance with 40 CFR part
268;
(C) To prevent disruption of ongoing waste management activities;
(D) To enable the permittee to respond to sudden changes in the types or quantities of the wastes managed under
the facility permit; or
(E) To facilitate other changes to protect human health and the environment.
(4) A temporary authorization may be reissued for one additional term of up to 180 days provided that the permittee
has requested a Class 2 or 3 permit modification for the activity covered in the temporary authorization, and:
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(i) The reissued temporary authorization constitutes the Director's decision on a Class 2 permit modification in
accordance with paragraph (b)(6)(i)(D) or (ii)(D) of this section, or
(ii) The Director determines that the reissued temporary authorization involving a Class 3 permit modification request
is warranted to allow the authorized activities to continue while the modification procedures of paragraph (c) of this
section are conducted.
(f) Public notice and appeals of permit modification decisions. (1) The Director shall notify persons on the facility
mailing list and appropriate units of State and local government within 10 days of any decision under this section to
grant or deny a Class 2 or 3 permit modification request. The Director shall also notify such persons within 10 days
after an automatic authorization for a Class 2 modification goes into effect under §270.42(b)(6) (iii) or (v).
(2) The Director's decision to grant or deny a Class 2 or 3 permit modification request under this section may be
appealed under the permit appeal procedures of 40 CFR 124.19.
(3) An automatic authorization that goes into effect under §270.42(b)(6) (iii) or (v) may be appealed under the permit
appeal procedures of 40 CFR 124.19; however, the permittee may continue to conduct the activities pursuant to the
automatic authorization until the appeal has been granted pursuant to §124.19(c), notwithstanding the provisions of
§124.15(b).
(g) Newly regulated wastes and units. (1) The permittee is authorized to continue to manage wastes listed or
identified as hazardous under part 261 of this chapter, or to continue to manage hazardous waste in units newly
regulated as hazardous waste management units, if:
(i) The unit was in existence as a hazardous waste facility with respect to the newly listed or characterized waste or
newly regulated waste management unit on the effective date of the final rule listing or identifying the waste, or
regulating the unit;
(ii) The permittee submits a Class 1 modification request on or before the date on which the waste or unit becomes
subject to the new requirements;
(iii) The permittee is in compliance with the applicable standards of 40 CFR parts 265 and 266 of this chapter;
(iv) The permittee also submits a complete Class 2 or 3 modification request within 180 days of the effective date of
the rule listing or identifying the waste, or subjecting the unit to RCRA Subtitle C management standards;
(v) In the case of land disposal units, the permittee certifies that each such unit is in compliance with all applicable
requirements of part 265 of this chapter for groundwater monitoring and financial responsibility on the date 12 months
after the effective date of the rule identifying or listing the waste as hazardous, or regulating the unit as a hazardous
waste management unit. If the owner or operator fails to certify compliance with all these requirements, he or she will
lose authority to operate under this section.
(2) New wastes or units added to a facility's permit under this subsection do not constitute expansions for the purpose
of the 25 percent capacity expansion limit for Class 2 modifications.
(h) Military hazardous waste munitions treatment and disposal. The permittee is authorized to continue to accept
waste military munitions notwithstanding any permit conditions barring the permittee from accepting off-site wastes, if:
(1) The facility was in existence as a hazardous waste facility, and the facility was already permitted to handle the
waste military munitions, on the date when the waste military munitions became subject to hazardous waste
regulatory requirements;
(2) On or before the date when the waste military munitions become subject to hazardous waste regulatory
requirements, the permittee submits a Class 1 modification request to remove or amend the permit provision
restricting the receipt of off-site waste munitions; and
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(3) The permittee submits a complete Class 2 modification request within 180 days of the date when the waste
military munitions became subject to hazardous waste regulatory requirements.
(i) Permit modification list. The Director must maintain a list of all approved permit modifications and must publish a
notice once a year in a State-wide newspaper that an updated list is available for review.
(j) Combustion facility changes to meet part 63 MACT standards. The following procedures apply to hazardous waste
combustion facility permit modifications requested under appendix I of this section, section L(9).
(1) Facility owners or operators must have complied with the Notification of Intent to Comply (NIC) requirements of 40
CFR 63.1210 that were in effect prior to October 11, 2000, (See 40 CFR part 63 §§63.1200-63.1499 revised as of
July 1, 2000) in order to request a permit modification underthis section for the purpose of technology changes
needed to meet the standards under 40 CFR 63.1203, 63.1204, and 63.1205.
(2) Facility owners or operators must comply with the Notification of Intent to Comply (NIC) requirements of 40 CFR
63.1210(b) and 63.1212(a) before a permit modification can be requested underthis section for the purpose of
technology changes needed to meet the 40 CFR 63.1215, 63.1216, 63.1217, 63.1218, 63.1219, 63.1220, and
63.1221 standards promulgated on October 12, 2005.
(3) If the Director does not approve or deny the request within 90 days of receiving it, the request shall be deemed
approved. The Director may, at his or her discretion, extend this 90 day deadline one time for up to 30 days by
notifying the facility owner or operator.
(k) WaiverofRCRA permit conditions in support of transition to the part 63 MACT standards. (1) You may request to
have specific RCRA operating and emissions limits waived by submitting a Class 1 permit modification request under
appendix I of this section, section L(10). You must:
(i) Identify the specific RCRA permit operating and emissions limits which you are requesting to waive;
(ii) Provide an explanation of why the changes are necessary in order to minimize or eliminate conflicts between the
RCRA permit and MACT compliance; and
(iii) Discuss how the revised provisions will be sufficiently protective.
(iv)The Director shall approve or deny the request within 30 days of receipt of the request. The Director may, as his
or her discretion, extend this 30 day deadline one time for up to 30 days by notifying the facility owner or operator.
(2) To request this modification in conjunction with MACT performance testing where permit limits may only be
waived during actual test events and pretesting, as defined under 40 CFR 63.1207(h)(2)(i) and (ii), for an aggregate
time not to exceed 720 hours of operation (renewable at the discretion of the Administrator) you must:
(i) Submit your modification request to the Director at the same time you submit your test plans to the Administrator;
and
(ii) The Director may elect to approve or deny the request continent upon approval of the test plans.
(I) Performance Track member facilities. The following procedures apply to Performance Track member facilities that
request a permit modification under appendix I of this section, section O(1).
(1) Performance Track member facilities must have complied with the requirements of §264.15(b)(5) in order to
request a permit modification underthis section.
(2) The Performance Track member facility should consider the application approved if the Director does not: deny
the application, in writing; or notify the Performance Track member facility, in writing, of an extension to the 60-day
deadline within 60 days of receiving the request. In these situations, the Performance Track member facility must
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adhere to the revised inspection schedule outlined in its application and maintain a copy of the application in the
facility's operating record.
Appendix I to §270.42—Classification of Permit Modification
Modifications
Class
A. General Permit Provisions
1. Administrative and informational changes
2. Correction of typographical errors
3. Equipment replacement or upgrading with functionally equivalent components (e.g., pipes,
valves, pumps, conveyors, controls)
4. Changes in the frequency of or procedures for monitoring, reporting, sampling, or
maintenance activities by the permittee:
a. To provide for more frequent monitoring, reporting, sampling, or maintenance
1
b. Other changes
2
5. Schedule of compliance:
a. Changes in interim compliance dates, with prior approval of the Director
11
b. Extension of final compliance date
3
6. Changes in expiration date of permit to allow earlier permit termination, with prior approval
of the Director
11
7. Changes in ownership or operational control of a facility, provided the procedures of
§270.40(b) are followed
11
8. Changes to remove permit conditions that are no longer applicable (i.e., because the
standards upon which they are based are no longer applicable to the facility).
11
9. Changes to remove permit conditions applicable to a unit excluded under the provisions of
§261.4.
11
10. Changes in the expiration date of a permit issued to a facility at which all units are
excluded under the provisions of §261.4.
11
B. General Facility Standards
1. Changes to waste sampling or analysis methods:
a. To conform with agency guidance or regulations
1
b. To incorporate changes associated with F039 (multi-source leachate) sampling or
analysis methods
1
c. To incorporate changes associated with underlying hazardous constituents in ignitable
or corrosive wastes
11
d. Other changes
2
2. Changes to analytical quality assurance/control plan:
a. To conform with agency guidance or regulations
1
b. Other changes
2
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3. Changes in procedures for maintaining the operating record
1
4. Changes in frequency or content of inspection schedules
2
5. Changes in the training plan:
a. That affect the type or decrease the amount of training given to employees
2
b. Other changes
1
6. Contingency plan:
a. Changes in emergency procedures (i.e., spill or release response procedures)
2
b. Replacement with functionally equivalent equipment, upgrade, or relocate emergency
equipment listed
1
c. Removal of equipment from emergency equipment list
2
d. Changes in name, address, or phone number of coordinators or other persons or
agencies identified in the plan
1
7. Construction quality assurance plan:
a. Changes that the CQA officer certifies in the operating record will provide equivalent
or better certainty that the unit components meet the design specifications
1
b. Other changes
2
Note: When a permit modification (such as introduction of a new unit) requires a change in facility
plans or other general facility standards, that change shall be reviewed under the same procedures
as the permit modification.
C. Ground-Water Protection
1. Changes to wells:
a. Changes in the number, location, depth, or design of upgradient or downgradient
wells of permitted ground-water monitoring system
2
b. Replacement of an existing well that has been damaged or rendered inoperable,
without change to location, design, or depth of the well
1
2. Changes in ground-water sampling or analysis procedures or monitoring schedule, with
prior approval of the Director
11
3. Changes in statistical procedure for determining whether a statistically significant change in
ground-water quality between upgradient and downgradient wells has occurred, with prior
approval of the Director
11
4. Changes in point of compliance
5. Changes in indicator parameters, hazardous constituents, or concentration limits (including
ACLs):
a. As specified in the groundwater protection standard
3
b. As specified in the detection monitoring program
2
6. Changes to a detection monitoring program as required by §264.98(h), unless otherwise
specified in this appendix
2
7. Compliance monitoring program:
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a. Addition of compliance monitoring program as required by §§264.98(g)(4) and 264.99
3
b. Changes to a compliance monitoring program as required by §264.99(j), unless
otherwise specified in this appendix
2
8. Corrective action program:
a. Addition of a corrective action program as required by §§264.99(h)(2) and 264.100
3
b. Changes to a corrective action program as required by §264.100(h), unless otherwise
specified in this appendix
2
D. Closure
1. Changes to the closure plan:
a. Changes in estimate of maximum extent of operations or maximum inventory of waste
on-site at any time during the active life of the facility, with prior approval of the Director
11
b. Changes in the closure schedule for any unit, changes in the final closure schedule for
the facility, or extension of the closure period, with prior approval of the Director
11
c. Changes in the expected year of final closure, where other permit conditions are not
changed, with prior approval of the Director
11
d. Changes in procedures for decontamination of facility equipment or structures, with
prior approval of the Director
11
e. Changes in approved closure plan resulting from unexpected events occurring during
partial or final closure, unless otherwise specified in this appendix
2
f. Extension of the closure period to allow a landfill, surface impoundment or land
treatment unit to receive non-hazardous wastes after final receipt of hazardous wastes
under §264.113 (d) and (e)
2
2. Creation of a new landfill unit as part of closure
3. Addition of the following new units to be used temporarily for closure activities:
a. Surface impoundments
3
b. Incinerators
3
c. Waste piles that do not comply with §264.250(c)
3
d. Waste piles that comply with §264.250(c)
2
e. Tanks or containers (other than specified below)
2
f. Tanks used for neutralization, dewatering, phase separation, or component separation
with prior approval of the Director
11
g. Staging piles
E. Post-Closure
1. Changes in name, address, or phone number of contact in post-closure plan
1
2. Extension of post-closure care period
2
3. Reduction in the post-closure care period
3
4. Changes to the expected year of final closure, where other permit conditions are not
changed
1
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5. Changes in post-closure plan necessitated by events occurring during the active life of the
facility, including partial and final closure
F. Containers
1. Modification or addition of container units:
a. Resulting in greater than 25% increase in the facility's container storage capacity,
except as provided in F(1)(c) and F(4)(a) below
b. Resulting in up to 25% increase in the facility's container storage capacity, except as
provided in F(1)(c) and F(4)(a) below
c. Or treatment processes necessary to treat wastes that are restricted from land
disposal to meet some or all of the applicable treatment standards or to treat wastes to
satisfy (in whole or in part) the standard of "use of practically available technology that
yields the greatest environmental benefit" contained in §268.8(a)(2)(ii), with prior
approval of the Director. This modification may also involve addition of new waste codes
or narrative descriptions of wastes. It is not applicable to dioxin-containing wastes (F020,
021, 022,023,026,027,and 028)
11
2.
a. Modification of a container unit without increasing the capacity of the unit
b. Addition of a roof to a container unit without alteration of the containment system
3. Storage of different wastes in containers, except as provided in (F)(4) below:
a. That require additional or different management practices from those authorized in the
permit
3
b. That do not require additional or different management practices from those
authorized in the permit
2
Note:See §270.42(g) for modification procedures to be used for the management of newly listed or
identified wastes.
4. Storage or treatment of different wastes in containers:
a. That require addition of units or change in treatment process or management
standards, provided that the wastes are restricted from land disposal and are to be
treated to meet some or all of the applicable treatment standards, or that are to be
treated to satisfy (in whole or in part) the standard of "use of practically available
technology that yields the greatest environmental benefit" contained in §268.8(a)(2)(ii).
This modification is not applicable to dioxin-containing wastes (F020, 021, 022, 023,
026, 027, and 028)
11
b. That do not require the addition of units or a change in the treatment process or
management standards, and provided that the units have previously received wastes of
the same type (e.g., incinerator scrubber water). This modification is not applicable to
dioxin-containing wastes (F020, 021, 022, 023, 026, 027, and 028)
11
G. Tanks
1.
a. Modification or addition of tank units resulting in greater than 25% increase in the
facility's tank capacity, except as provided in G(1)(c), G(1)(d), and G(1)(e) below
b. Modification or addition of tank units resulting in up to 25% increase in the facility's
tank capacity, except as provided in G(1)(d) and G(1)(e) below
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c. Addition of a new tank that will operate for more than 90 days using any of the
following physical or chemical treatment technologies: neutralization, dewatering, phase
separation, or component separation
d. After prior approval of the Director, addition of a new tank that will operate for up to 90
days using any of the following physical or chemical treatment technologies:
neutralization, dewatering, phase separation, or component separation
11
e. Modification or addition of tank units or treatment processes necessary to treat wastes
that are restricted from land disposal to meet some or all of the applicable treatment
standards or to treat wastes to satisfy (in whole or in part) the standard of "use of
practically available technology that yields the greatest environmental benefit" contained
in §268.8(a)(2)(ii), with prior approval of the Director. This modification may also involve
addition of new waste codes. It is not applicable to dioxin-containing wastes (F020, 021,
022, 023, 026, 027,and 028)
11
2. Modification of a tank unit or secondary containment system without increasing the capacity
of the unit
3. Replacement of a tank with a tank that meets the same design standards and has a
capacity within ±10% of the replaced tank provided
—The capacity difference is no more than 1500 gallons,
—The facility's permitted tank capacity is not increased, and
—The replacement tank meets the same conditions in the permit.
4. Modification of a tank management practice
5. Management of different wastes in tanks:
a. That require additional or different management practices, tank design, different fire
protection specifications, or significantly different tank treatment process from that
authorized in the permit, except as provided in (G)(5)(c) below
b. That do not require additional or different management practices, tank design,
different fire protection specifications, or significantly different tank treatment process
than authorized in the permit, except as provided in (G)(5)(d)
c. That require addition of units or change in treatment processes or management
standards, provided that the wastes are restricted from land disposal and are to be
treated to meet some or all of the applicable treatment standards or that are to be
treated to satisfy (in whole or in part) the standard of "use of practically available
technology that yields the greatest environmental benefit" contained in §268.8(a)(2)(ii).
The modification is not applicable to dioxin-containing wastes (F020, 021, 022, 023, 026,
027, and 028)
11
d. That do not require the addition of units or a change in the treatment process or
management standards, and provided that the units have previously received wastes of
the same type (e.g., incinerator scrubber water). This modification is not applicable to
dioxin-containing wastes (F020, 021, 022, 023, 026, 027, and 028)
Note:See §270.42(g) for modification procedures to be used for the management of newly listed or
identified wastes.
H. Surface Impoundments
1. Modification or addition of surface impoundment units that result in increasing the facility's
surface impoundment storage or treatment capacity
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2. Replacement of a surface impoundment unit
3
3. Modification of a surface impoundment unit without increasing the facility's surface
impoundment storage or treatment capacity and without modifying the unit's liner, leak
detection system, or leachate collection system
2
4. Modification of a surface impoundment management practice
5. Treatment, storage, or disposal of different wastes in surface impoundments:
a. That require additional or different management practices or different design of the
liner or leak detection system than authorized in the permit
3
b. That do not require additional or different management practices or different design of
the liner or leak detection system than authorized in the permit
2
c. That are wastes restricted from land disposal that meet the applicable treatment
standards or that are treated to satisfy the standard of "use of practically available
technology that yields the greatest environmental benefit" contained in §268.8(a)(2)(ii),
and provided that the unit meets the minimum technological requirements stated in
§268.5(h)(2). This modification is not applicable to dioxin-containing wastes (F020, 021,
022, 023, 026, 027,and 028)
1
d. That are residues from wastewater treatment or incineration, provided that disposal
occurs in a unit that meets the minimum technological requirements stated in
§268.5(h)(2), and provided further that the surface impoundment has previously received
wastes of the same type (for example, incinerator scrubber water). This modification is
not applicable to dioxin-containing wastes (F020, 021, 022, 023, 026, 027, and 028)
6. Modifications of unconstructed units to comply with §§264.221 (c), 264.222, 264.223, and
264.226(d)
11
7. Changes in response action plan:
a. Increase in action leakage rate
3
b. Change in a specific response reducing its frequency or effectiveness
3
c. Other changes
2
Note:See §270.42(g) for modification procedures to be used for the management of newly listed or
identified wastes
I. Enclosed Waste Piles. For all waste piles except those complying with §264.250(c), modifications
are treated the same as for a landfill. The following modifications are applicable only to waste piles
complying with §264.250(c).
1. Modification or addition of waste pile units:
a. Resulting in greater than 25% increase in the facility's waste pile storage or treatment
capacity
3
b. Resulting in up to 25% increase in the facility's waste pile storage or treatment
capacity
2
2. Modification of waste pile unit without increasing the capacity of the unit
2
3. Replacement of a waste pile unit with another waste pile unit of the same design and
capacity and meeting all waste pile conditions in the permit
1
4. Modification of a waste pile management practice
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5. Storage or treatment of different wastes in waste piles:
a. That require additional or different management practices or different design of the
unit
3
b. That do not require additional or different management practices or different design of
the unit
2
6. Conversion of an enclosed waste pile to a containment building unit
2
Note:See §270.42(g) for modification procedures to be used for the management of newly listed or
identified wastes.
J. Landfills and Unenclosed Waste Piles
1. Modification or addition of landfill units that result in increasing the facility's disposal
capacity
2. Replacement of a landfill
3
3. Addition or modification of a liner, leachate collection system, leachate detection system,
run-off control, or final cover system
3
4. Modification of a landfill unit without changing a liner, leachate collection system, leachate
detection system, run-off control, or final cover system
2
5. Modification of a landfill management practice
2
6. Landfill different wastes:
a. That require additional or different management practices, different design of the liner,
leachate collection system, or leachate detection system
3
b. That do not require additional or different management practices, different design of
the liner, leachate collection system, or leachate detection system
2
c. That are wastes restricted from land disposal that meet the applicable treatment
standards or that are treated to satisfy the standard of "use of practically available
technology that yields the greatest environmental benefit" contained in §268.8(a)(2)(ii),
and provided that the landfill unit meets the minimum technological requirements stated
in §268.5(h)(2). This modification is not applicable to dioxin-containing wastes (F020,
021, 022, 023, 026,027,and 028)
1
d. That are residues from wastewater treatment or incineration, provided that disposal
occurs in a landfill unit that meets the minimum technological requirements stated in
§268.5(h)(2), and provided further that the landfill has previously received wastes of the
same type (for example, incinerator ash). This modification is not applicable to dioxin-
containing wastes (F020, 021, 022, 023, 026, 027, and 028)
7. Modifications of unconstructed units to comply with §§264.251 (c), 264.252, 264.253,
264.254(c), 264.301 (c), 264.302, 264.303(c), and 264.304
11
8. Changes in response action plan:
a. Increase in action leakage rate
3
b. Change in a specific response reducing its frequency or effectiveness
3
c. Other changes
2
Note:See §270.42(g) for modification procedures to be used for the management of newly listed or
identified wastes.
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K. Land Treatment
1. Lateral expansion of or other modification of a land treatment unit to increase areal extent
3
2. Modification of run-on control system
2
3. Modify run-off control system
3
4. Other modifications of land treatment unit component specifications or standards required
in permit
2
5. Management of different wastes in land treatment units:
a. That require a change in permit operating conditions or unit design specifications
3
b. That do not require a change in permit operating conditions or unit design
specifications
2
Note:See §270.42(g) for modification procedures to be used for the management of newly listed or
identified wastes
6. Modification of a land treatment unit management practice to:
a. Increase rate or change method of waste application
3
b. Decrease rate of waste application
1
7. Modification of a land treatment unit management practice to change measures of pH or
moisture content, or to enhance microbial or chemical reactions
2
8. Modification of a land treatment unit management practice to grow food chain crops, to add
to or replace existing permitted crops with different food chain crops, or to modify operating
plans for distribution of animal feeds resulting from such crops
9. Modification of operating practice due to detection of releases from the land treatment unit
pursuant to §264.278(g)(2)
3
10. Changes in the unsaturated zone monitoring system, resulting in a change to the location,
depth, number of sampling points, or replace unsaturated zone monitoring devices or
components of devices with devices or components that have specifications different from
permit requirements
3
11. Changes in the unsaturated zone monitoring system that do not result in a change to the
location, depth, number of sampling points, or that replace unsaturated zone monitoring
devices or components of devices with devices or components having specifications different
from permit requirements
12. Changes in background values for hazardous constituents in soil and soil-pore liquid
2
13. Changes in sampling, analysis, or statistical procedure
2
14. Changes in land treatment demonstration program prior to or during the demonstration
2
15. Changes in any condition specified in the permit for a land treatment unit to reflect results
of the land treatment demonstration, provided performance standards are met, and the
Director's prior approval has been received
11
16. Changes to allow a second land treatment demonstration to be conducted when the
results of the first demonstration have not shown the conditions under which the wastes can
be treated completely, provided the conditions for the second demonstration are substantially
the same as the conditions for the first demonstration and have received the prior approval of
the Director
11
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17. Changes to allow a second land treatment demonstration to be conducted when the
results of the first demonstration have not shown the conditions under which the wastes can
be treated completely, where the conditions for the second demonstration are not
substantially the same as the conditions for the first demonstration
18. Changes in vegetative cover requirements for closure
L. Incinerators, Boilers, and Industrial Furnaces:
1. Changes to increase by more than 25% any of the following limits authorized in the permit:
A thermal feed rate limit, a feedstream feed rate limit, a chlorine/chloride feed rate limit, a
metal feed rate limit, or an ash feed rate limit. The Director will require a new trial burn to
substantiate compliance with the regulatory performance standards unless this demonstration
can be made through other means
2. Changes to increase by up to 25% any of the following limits authorized in the permit: A
thermal feed rate limit, a feedstream feed rate limit, a chlorine/chloride feed rate limit, a metal
feed rate limit, or an ash feed rate limit. The Director will require a new trial burn to
substantiate compliance with the regulatory performance standards unless this demonstration
can be made through other means
3. Modification of an incinerator, boiler, or industrial furnace unit by changing the internal size
or geometry of the primary or secondary combustion units, by adding a primary or secondary
combustion unit, by substantially changing the design of any component used to remove
HCI/CI2, metals, or particulate from the combustion gases, or by changing other features of
the incinerator, boiler, or industrial furnace that could affect its capability to meet the
regulatory performance standards. The Director will require a new trial burn to substantiate
compliance with the regulatory performance standards unless this demonstration can be
made through other means
4. Modification of an incinerator, boiler, or industrial furnace unit in a manner that would not
likely affect the capability of the unit to meet the regulatory performance standards but which
would change the operating conditions or monitoring requirements specified in the permit. The
Director may require a new trial burn to demonstrate compliance with the regulatory
performance standards
5. Operating requirements:
a. Modification of the limits specified in the permit for minimum or maximum combustion
gas temperature, minimum combustion gas residence time, oxygen concentration in the
secondary combustion chamber, flue gas carbon monoxide and hydrocarbon
concentration, maximum temperature at the inlet to the particulate matter emission
control system, or operating parameters for the air pollution control system. The Director
will require a new trial burn to substantiate compliance with the regulatory performance
standards unless this demonstration can be made through other means
b. Modification of any stack gas emission limits specified in the permit, or modification of
any conditions in the permit concerning emergency shutdown or automatic waste feed
cutoff procedures or controls
c. Modification of any other operating condition or any inspection or recordkeeping
requirement specified in the permit
6. Burning different wastes:
a. If the waste contains a POHC that is more difficult to burn than authorized by the
permit or if burning of the waste requires compliance with different regulatory
performance standards than specified in the permit. The Director will require a new trial
burn to substantiate compliance with the regulatory performance standards unless this
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demonstration can be made through other means
b. If the waste does not contain a POHC that is more difficult to burn than authorized by
the permit and if burning of the waste does not require compliance with different
regulatory performance standards than specified in the permit
Note:See §270.42(g) for modification procedures to be used for the management of newly listed or
identified wastes
7. Shakedown and trial burn:
a. Modification of the trial burn plan or any of the permit conditions applicable during the
shakedown period for determining operational readiness after construction, the trial burn
period, or the period immediately following the trial burn
b. Authorization of up to an additional 720 hours of waste burning during the shakedown
period for determining operational readiness after construction, with the prior approval of
the Director
11
c. Changes in the operating requirements set in the permit for conducting a trial burn,
provided the change is minor and has received the prior approval of the Director
11
d. Changes in the ranges of the operating requirements set in the permit to reflect the
results of the trial burn, provided the change is minor and has received the prior approval
of the Director
11
8. Substitution of an alternative type of nonhazardous waste fuel that is not specified in the
permit
1
9. Technology changes needed to meet standards under 40 CFR part 63 (Subpart EEE—
National Emission Standards for Hazardous Air Pollutants From Hazardous Waste
Combustors), provided the procedures of §270.42(j) are followed.
11
10. Changes to RCRA permit provisions needed to support transition to 40 CFR part 63
(Subpart EEE—National Emission Standards for Hazardous Air Pollutants From Hazardous
Waste Combustors), provided the procedures of §270.42(k) are followed.
M. Containment Buildings.
1. Modification or addition of containment building units:
a. Resulting in greater than 25% increase in the facility's containment building storage or
treatment capacity
3
b. Resulting in up to 25% increase in the facility's containment building storage or treatment
capacity
2
2. Modification of a containment building unit or secondary containment system without increasing
the capacity of the unit
2
3. Replacement of a containment building with a containment building that meets the same design
standards provided:
a. The unit capacity is not increased
1
b. The replacement containment building meets the same conditions in the permit
1
4. Modification of a containment building management practice
2
5. Storage or treatment of different wastes in containment buildings:
a. That require additional or different management practices
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b. That do not require additional or different management practices
N. Corrective Action:
1. Approval of a corrective action management unit pursuant to §264.552
2. Approval of a temporary unit or time extension for a temporary unit pursuant to §264.553
3. Approval of a staging pile or staging pile operating term extension pursuant to §264.554
O. Burden Reduction
1. Approval of reduced inspection frequency for Performance Track member facilities for:
a. Tanks systems pursuant to §264.195
11
b. Containers pursuant to §264.174
11
c. Containment buildings pursuant to §264.1101 (c)(4)
11
d. Areas subject to spills pursuant to §264.15(b)(4)
11
2. Development of one contingency plan based on Integrated Contingency Plan Guidance pursuant
to §264.52(b)
1. 3. Changes to recordkeeping and reporting requirements pursuant to: §§264.56(i),
264.343(a)(2), 264.1061 (b)(1),(d), 264.1062(a)(2), 264.196(f), 264.100(g), and
264.113(e)(5)
4. Changes to inspection frequency for tank systems pursuant to §264.195(b)
5. Changes to detection and compliance monitoring program pursuant to §§264.98(d), (g)(2), and
(g)(3), 264.99(t), and (g)
1Class 1 modifications requiring prior Agency approval.
[53 FR 37936, Sept. 28, 1988]
Editorial Note: For Federal Register citations affecting §270.42, see the List of CFR Sections Affected, which
appears in the Finding Aids section of the printed volume and on GPO Access.
§ 270.43 Termination of permits.
(a) The following are causes for terminating a permit during its term, or for denying a permit renewal application:
(1) Noncompliance by the permittee with any condition of the permit;
(2) The permittee's failure in the application or during the permit issuance process to disclose fully all relevant facts,
or the permittee's misrepresentation of any relevant facts at any time; or
(3) A determination that the permitted activity endangers human health or the environment and can only be regulated
to acceptable levels by permit modification or termination.
(b) The Director shall follow the applicable procedures in part 124 or part 22, as appropriate or State procedures in
terminating any permit under this section.
[48 FR 14228, Apr. 1, 1983, as amended at 65 FR 30913, May 15, 2000]
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Subpart E—Expiration and Continuation of Permits
§ 270.50 Duration of permits.
(a) RCRA permits shall be effective for a fixed term not to exceed 10 years.
(b) Except as provided in §270.51, the term of a permit shall not be extended by modification beyond the maximum
duration specified in this section.
(c) The Director may issue any permit for a duration that is less than the full allowable term under this section.
(d) Each permit for a land disposal facility shall be reviewed by the Director five years after the date of permit
issuance orreissuance and shall be modified as necessary, as provided in §270.41.
[48 FR 14228, Apr. 1, 1983, as amended at 50 FR 28752, July 15, 1985]
§ 270.51 Continuation of expiring permits.
(a) EPA permits. When EPA is the permit-issuing authority, the conditions of an expired permit continue in force
under 5 U.S.C. 558(c) until the effective date of a new permit (see §124.15) if:
(1)The permittee has submitted a timely application under §270.14 and the applicable sections in §§270.15 through
270.29 which is a complete (under §270.10(c)) application fora new permit; and
(2) The Regional Administrator through no fault of the permittee, does not issue a new permit with an effective date
under §124.15 on or before the expiration date of the previous permit (for example, when issuance is impracticable
due to time or resource constraints).
(b) Effect. Permits continued under this section remain fully effective and enforceable.
(c) Enforcement. When the permittee is not in compliance with the conditions of the expiring or expired permit, the
Regional Administrator may choose to do any or all of the following:
(1) Initiate enforcement action based upon the permit which has been continued;
(2) Issue a notice of intent to deny the new permit under §124.6. If the permit is denied, the owner or operator would
then be required to cease the activities authorized by the continued permit or be subject to enforcement action for
operating without a permit;
(3) Issue a new permit under part 124 with appropriate conditions; or
(4) Take other actions authorized by these regulations.
(d) Sfafe continuation. In a State with a hazardous waste program authorized under 40 CFR part 271, if a permittee
has submitted a timely and complete application under applicable State law and regulations, the terms and conditions
of an EPA-issued RCRA permit continue in force beyond the expiration date of the permit, but only until the effective
date of the State's issuance or denial of a State RCRA permit.
(e) Standardized permits. (1) The conditions of your expired standardized permit continue until the effective date of
your new permit (see 40 CFR 124.15) if all of the following are true:
(i) If EPA is the permit-issuing authority.
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(ii) If you submit a timely and complete Notice of Intent under 40 CFR 124.202(b) requesting coverage under a RCRA
standardized permit; and
(iii) If the Director, through no fault on your part, does not issue your permit before your previous permit expires (for
example, where it is impractical to make the permit effective by that date because of time or resource constraints).
(2) In some cases, the Director may notify you that you are not eligible for a standardized permit (see 40 CFR
124.206). In those cases, the conditions of your expired permit will continue if you submit the information specified in
paragraph (a)(1) of this section (that is, a complete application fora new permit) within 60 days after you receive our
notification that you are not eligible for a standardized permit.
(Clean Water Act (33 U.S.C. 1251 etseq.), Safe Drinking Water Act (42 U.S.C. SOOfetseq.), Clean Air Act (42
U.S.C. 7401 etseq.), Resource Conservation and Recovery Act (42 U.S.C. 6901 etseq.))
[48 FR 14228, Apr. 1, 1983, as amended at 48 FR 39622, Sept. 1, 1983; 70 FR 53475, Sept. 8, 2005]
F—
§ 270.60 Permits by rule.
Notwithstanding any other provision of this part or part 124, the following shall be deemed to have a RCRA permit if
the conditions listed are met:
(a) Ocean disposal barges or vessels. The owner or operator of a barge or other vessel which accepts hazardous
waste for ocean disposal, if the owner or operator:
(1) Has a permit for ocean dumping issued under 40 CFR part 220 (Ocean Dumping, authorized by the Marine
Protection, Research, and Sanctuaries Act, as amended, 33 U.S.C. 1420 et seq. );
(2) Complies with the conditions of that permit; and
(3) Complies with the following hazardous waste regulations:
(i)40 CFR 264.11, Identification number;
(ii) 40 CFR 264.71, Use of manifest system;
(iii) 40 CFR 264.72, Manifest discrepancies;
(iv) 40 CFR 264.73(a) and (b)(1), Operating record;
(v) 40 CFR 264.75, Biennial report; and
(vi) 40 CFR 264.76, Unmanifested waste report.
(b) Injection wells. The owner or operator of an injection well disposing of hazardous waste, if the owner or operator:
(1) Has a permit for underground injection issued under part 144 or 145; and
(2) Complies with the conditions of that permit and the requirements of §144.14 (requirements for wells managing
hazardous waste).
(3) For UIC permits issued after November 8, 1984:
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(i) Complies with 40 CFR 264.101; and
(ii) Where the UIC well is the only unit at a facility which requires a RCRA permit, complies with 40 CFR 270.14(d).
(c) Publicly owned treatment works. The owner or operator of a POTW which accepts for treatment hazardous waste,
if the owner or operator:
(1) Has an NPDES permit;
(2) Complies with the conditions of that permit; and
(3) Complies with the following regulations:
(i)40 CFR 264.11, Identification number;
(ii) 40 CFR 264.71, Use of manifest system;
(iii) 40 CFR 264.72, Manifest discrepancies;
(iv) 40 CFR 264.73(a) and (b)(1), Operating record;
(v) 40 CFR 264.75, Biennial report;
(vi) 40 CFR 264.76, Unmanifested waste report; and
(vii) For NPDES permits issued after November 8, 1984, 40 CFR 264.101.
(4) If the waste meets all Federal, State, and local pretreatment requirements which would be applicable to the waste
if it were being discharged into the POTW through a sewer, pipe, or similar conveyance.
[48 FR 14228, Apr. 1, 1983, as amended at 50 FR 28752, July 15, 1985; 52 FR 45799, Dec. 1, 1987]
§ 270.61 Emergency permits.
(a) Notwithstanding any other provision of this part or part 124, in the event the Director finds an imminent and
substantial endangerment to human health or the environment the Director may issue a temporary emergency permit:
(1) To a non-permitted facility to allow treatment, storage, or disposal of hazardous waste or (2) to a permitted facility
to allow treatment, storage, or disposal of a hazardous waste not covered by an effective permit.
(b) This emergency permit:
(1) May be oral or written. If oral, it shall be followed in five days by a written emergency permit;
(2) Shall not exceed 90 days in duration;
(3) Shall clearly specify the hazardous wastes to be received, and the manner and location of their treatment,
storage, or disposal;
(4) May be terminated by the Director at any time without process if he or she determines that termination is
appropriate to protect human health and the environment;
(5) Shall be accompanied by a public notice published under§124.10(b) including:
(i) Name and address of the office granting the emergency authorization;
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(ii) Name and location of the permitted HWM facility;
(iii) A brief description of the wastes involved;
(iv) A brief description of the action authorized and reasons for authorizing it; and
(v) Duration of the emergency permit; and
(6) Shall incorporate, to the extent possible and not inconsistent with the emergency situation, all applicable
requirements of this part and 40 CFR parts 264 and 266.
[48 FR 14228, Apr. 1, 1983, as amended at 48 FR 30114, June 30, 1983; 60 FR 63433, Dec. 11, 1996]
§ 270.62 Hazardous waste incinerator permits.
When an owner or operator of a hazardous waste incineration unit becomes subject to RCRA permit requirements
after October 12, 2005, or when an owner or operator of an existing hazardous waste incineration unit demonstrates
compliance with the air emission standards and limitations in part 63, subpart EEE, of this chapter (i.e. , by
conducting a comprehensive performance test and submitting a Notification of Compliance under §§63.1207(j) and
63.1210(d) of this chapter documenting compliance with all applicable requirements of part 63, subpart EEE, of this
chapter), the requirements of this section do not apply, except those provisions the Director determines are
necessary to ensure compliance with §§264.345(a) and 264.345(c) of this chapter if you elect to comply with
§270.235(a)(1)(i) to minimize emissions of toxic compounds from startup, shutdown, and malfunction events.
Nevertheless, the Director may apply the provisions of this section, on a case-by-case basis, for purposes of
information collection in accordance with §§270.10(k), 270.10(1), 270.32(b)(2), and 270.32(b)(3).
(a) For the purposes of determining operational readiness following completion of physical construction, the Director
must establish permit conditions, including but not limited to allowable waste feeds and operating conditions, in the
permit to a new hazardous waste incinerator. These permit conditions will be effective for the minimum time required
to bring the incinerator to a point of operational readiness to conduct a trial burn, not to exceed 720 hours operating
time for treatment of hazardous waste. The Director may extend the duration of this operational period once, for up to
720 additional hours, at the request of the applicant when good cause is shown. The permit may be modified to
reflect the extension according to §270.42 of this chapter.
(1) Applicants must submit a statement, with part B of the permit application, which suggests the conditions
necessary to operate in compliance with the performance standards of §264.343 of this chapter during this period.
This statement should include, at a minimum, restrictions on waste constituents, waste feed rates and the operating
parameters identified in §264.345 of this chapter.
(2) The Director will review this statement and any other relevant information submitted with part B of the permit
application and specify requirements for this period sufficient to meet the performance standards of §264.343 of this
chapter based on his engineering judgment.
(b) For the purposes of determining feasibility of compliance with the performance standards of §264.343 of this
chapter and of determining adequate operating conditions under §264.345 of this chapter, the Director must establish
conditions in the permit for a new hazardous waste incinerator to be effective during the trial burn.
(1) Applicants must propose a trial burn plan, prepared under paragraph (b)(2) of this section with a part B of the
permit application.
(2) The trial burn plan must include the following information:
(i) An analysis of each waste or mixture of wastes to be burned which includes:
(A) Heat value of the waste in the form and composition in which it will be burned.
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(B) Viscosity (if applicable), or description of the physical form of the waste.
(C) An identification of any hazardous organic constituents listed in part 261, appendix VIII of this chapter, which are
present in the waste to be burned, except that the applicant need not analyze for constituents listed in part 261,
appendix VIII, of this chapter which would reasonably not be expected to be found in the waste. The constituents
excluded from analysis must be identified, and the basis for the exclusion stated. The waste analysis must rely on
appropriate analytical techniques.
(D) An approximate quantification of the hazardous constituents identified in the waste, within the precision produced
by appropriate analytical methods.
(ii) A detailed engineering description of the incinerator for which the permit is sought including:
(A) Manufacturer's name and model number of incinerator (if available).
(B) Type of incinerator.
(C) Linear dimensions of the incinerator unit including the cross sectional area of combustion chamber.
(D) Description of the auxiliary fuel system (type/feed).
(E) Capacity of prime mover.
(F) Description of automatic waste feed cut-off system(s).
(G) Stack gas monitoring and pollution control equipment.
(H) Nozzle and burner design.
(I) Construction materials.
(J) Location and description of temperature, pressure, and flow indicating and control devices.
(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.
(iv) A detailed test schedule for each waste for which the trial burn is planned including date(s), duration, quantity of
waste to be burned, and other factors relevant to the Director's decision under paragraph (b)(5) of this section.
(v) A detailed test protocol, including, for each waste identified, the ranges of temperature, waste feed rate,
combustion gas velocity, use of auxiliary fuel, and any other relevant parameters that will be varied to affect the
destruction and removal efficiency of the incinerator.
(vi) A description of, and planned operating conditions for, any emission control equipment which will be used.
(vii) Procedures for rapidly stopping waste feed, shutting down the incinerator, and controlling emissions in the event
of an equipment malfunction.
(viii) Such other information as the Director reasonably finds necessary to determine whether to approve the trial burn
plan in light of the purposes of this paragraph and the criteria in paragraph (b)(5) of this section.
(3) The Director, in reviewing the trial burn plan, shall evaluate the sufficiency of the information provided and may
require the applicant to supplement this information, if necessary, to achieve the purposes of this paragraph.
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(4) Based on the waste analysis data in the trial burn plan, the Director will specify as trial Principal Organic
Hazardous Constituents (POHCs), those constituents for which destruction and removal efficiencies must be
calculated during the trial burn. These trial POHCs will be specified by the Director based on his estimate of the
difficulty of incineration of the constituents identified in the waste analysis, their concentration or mass in the waste
feed, and, for wastes listed in part 261, subpart D, of this chapter, the hazardous waste organic constituent or
constituents identified in appendix VII of that part as the basis for listing.
(5) The Director shall approve a trial burn plan if he finds that:
(i) The trial burn is likely to determine whether the incinerator performance standard required by §264.343 of this
chapter can be met;
(ii) The trial burn itself will not present an imminent hazard to human health or the environment;
(iii) The trial burn will help the Directorto determine operating requirements to be specified under §264.345 of this
chapter; and
(iv) The information sought in paragraphs (b)(5) (i) and (ii) of this section cannot reasonably be developed through
other means.
(6) The Director must send a notice to all persons on the facility mailing list as set forth in 40 CFR 124.10(c)(1)(ix)
and to the appropriate units of State and local government as set forth in 40 CFR 124.10(c)(1)(x) announcing the
scheduled commencement and completion dates for the trial burn. The applicant may not commence the trial burn
until after the Director has issued such notice.
(i) This notice must be mailed within a reasonable time period before the scheduled trial burn. An additional notice is
not required if the trial burn is delayed due to circumstances beyond the control of the facility or the permitting
agency.
(ii) This notice must contain:
(A) The name and telephone number of the applicant's contact person;
(B) The name and telephone number of the permitting agency's contact office;
(C) The location where the approved trial burn plan and any supporting documents can be reviewed and copied; and
(D) An expected time period for commencement and completion of the trial burn.
(7) During each approved trial burn (or as soon after the burn as is practicable), the applicant must make the
following determinations:
(i) A quantitative analysis of the trial POHCs in the waste feed to the incinerator.
(ii) A quantitative analysis of the exhaust gas for the concentration and mass emissions of the trial POHCs, oxygen
(O2) and hydrogen chloride (HCI).
(iii) A quantitative analysis of the scrubber water (if any), ash residues, and other residues, for the purpose of
estimating the fate of the trial POHCs.
(iv) A computation of destruction and removal efficiency (ORE), in accordance with the ORE formula specified in
§264.343(a) of this chapter.
(v) If the HCI emission rate exceeds 1.8 kilograms of HCI per hour (4 pounds per hour), a computation of HCI removal
efficiency in accordance with §264.343(b) of this chapter.
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(vi) A computation of participate emissions, in accordance with §264.343(c) of this chapter.
(vii) An identification of sources of fugitive emissions and their means of control.
(viii) A measurement of average, maximum, and minimum temperatures and combustion gas velocity.
(ix) A continuous measurement of carbon monoxide (CO) in the exhaust gas.
(x) Such other information as the Director may specify as necessary to ensure that the trial burn will determine
compliance with the performance standards in §264.343 of this chapter and to establish the operating conditions
required by §264.345 of this chapter as necessary to meet that performance standard.
(8) The applicant must submit to the Director a certification that the trial burn has been carried out in accordance with
the approved trial burn plan, and must submit the results of all the determinations required in paragraph (b)(6) of this
section. This submission shall be made within 90 days of completion of the trial burn, or later if approved by the
Director.
(9) All data collected during any trial burn must be submitted to the Director following the completion of the trial burn.
(10) All submissions required by this paragraph must be certified on behalf of the applicant by the signature of a
person authorized to sign a permit application or a report under §270.11.
(11) Based on the results of the trial burn, the Director shall set the operating requirements in the final permit
according to §264.345 of this chapter. The permit modification shall proceed according to §270.42.
(c) For the purposes of allowing operation of a new hazardous waste incinerator following completion of the trial burn
and prior to final modification of the permit conditions to reflect the trial burn results, the Director may establish permit
conditions, including but not limited to allowable waste feeds and operating conditions sufficient to meet the
requirements of §264.345 of this chapter, in the permit to a new hazardous waste incinerator. These permit
conditions will be effective for the minimum time required to complete sample analysis, data computation and
submission of the trial burn results by the applicant, and modification of the facility permit by the Director.
(1) Applicants must submit a statement, with part B of the permit application, which identifies the conditions
necessary to operate in compliance with the performance standards of §264.343 of this chapter, during this period.
This statement should include, at a minimum, restrictions on waste constituents, waste feed rates, and the operating
parameters in §264.345 of this chapter.
(2) The Director will review this statement and any other relevant information submitted with part B of the permit
application and specify those requirements for this period most likely to meet the performance standards of §264.343
of this chapter based on his engineering judgment.
(d) For the purpose of determining feasibility of compliance with the performance standards of §264.343 of this
chapter and of determining adequate operating conditions under §264.345 of this chapter, the applicant for a permit
for an existing hazardous waste incinerator must prepare and submit a trial burn plan and perform a trial burn in
accordance with §270.19(b) and paragraphs (b)(2) through (b)(5) and (b)(7) through (b)(10) of this section or, instead,
submit other information as specified in §270.19(c). The Director must announce his or her intention to approve the
trial burn plan in accordance with the timing and distribution requirements of paragraph (b)(6) of this section. The
contents of the notice must include: the name and telephone number of a contact person at the facility; the name and
telephone number of a contact office at the permitting agency; the location where the trial burn plan and any
supporting documents can be reviewed and copied; and a schedule of the activities that are required prior to permit
issuance, including the anticipated time schedule for agency approval of the plan and the time period during which
the trial burn would be conducted. Applicants submitting information under §270.19(a) are exempt from compliance
with 40 CFR 264.343 and 264.345 and, therefore, are exempt from the requirement to conduct a trial burn. Applicants
who submit trial burn plans and receive approval before submission of a permit application must complete the trial
burn and submit the results, specified in paragraph (b)(7) of this section, with part B of the permit application. If
completion of this process conflicts with the date set for submission of the part B application, the applicant must
contact the Director to establish a later date for submission of the part B application or the trial burn results. Trial burn
results must be submitted prior to issuance of the permit. When the applicant submits a trial burn plan with part B of
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the permit application, the Director will specify a time period prior to permit issuance in which the trial burn must be
conducted and the results submitted.
[48 FR 14228, Apr. 1, 1983, as amended at 53 FR 37939, Sept. 28, 1988; 58 FR 46051, Aug. 31, 1993; 60 FR
63433, Dec. 11, 1995; 64 FR 53077, Sept. 30, 1999; 67 FR 6816, Feb. 13, 2002; 67 FR 77692, Dec. 19, 2002; 70 FR
34590, June 14, 2005; 70 FR 59578, Oct. 12, 2005]
§ 270.63 Permits for land treatment demonstrations using field test or laboratory analyses.
(a) For the purpose of allowing an owner or operator to meet the treatment demonstration requirements of §264.272
of this chapter, the Director may issue a treatment demonstration permit. The permit must contain only those
requirements necessary to meet the standards in §264.272(c). The permit may be issued either as a treatment or
disposal permit covering only the field test or laboratory analyses, or as a two-phase facility permit covering the field
tests, or laboratory analyses, and design, construction operation and maintenance of the land treatment unit.
(1) The Director may issue a two-phase facility permit if he finds that, based on information submitted in part B of the
application, substantial, although incomplete or inconclusive, information already exists upon which to base the
issuance of a facility permit.
(2) If the Director finds that not enough information exists upon which he can establish permit conditions to attempt to
provide for compliance with all of the requirements of subpart M, he must issue a treatment demonstration permit
covering only the field test or laboratory analyses.
(b) If the Director finds that a phased permit may be issued, he will establish, as requirements in the first phase of the
facility permit, conditions for conducting the field tests or laboratory analyses. These permit conditions will include
design and operating parameters (including the duration of the tests or analyses and, in the case of field tests, the
horizontal and vertical dimensions of the treatment zone), monitoring procedures, post-demonstration clean-up
activities, and any other conditions which the Director finds may be necessary under §264.272(c). The Director will
include conditions in the second phase of the facility permit to attempt to meet all subpart M requirements pertaining
to unit design, construction, operation, and maintenance. The Director will establish these conditions in the second
phase of the permit based upon the substantial but incomplete or inconclusive information contained in the part B
application.
(1)The first phase of the permit will be effective as provided in §124.15(b) of this chapter.
(2) The second phase of the permit will be effective as provided in paragraph (d) of this section.
(c) When the owner or operator who has been issued a two-phase permit has completed the treatment
demonstration, he must submit to the Director a certification, signed by a person authorized to sign a permit
application or report under §270.11, that the field tests or laboratory analyses have been carried out in accordance
with the conditions specified in phase one of the permit for conducting such tests or analyses. The owner or operator
must also submit all data collected during the field tests or laboratory analyses within 90 days of completion of those
tests or analyses unless the Director approves a later date.
(d) If the Director determines that the results of the field tests or laboratory analyses meet the requirements of
§264.272 of this chapter, he will modify the second phase of the permit to incorporate any requirements necessary for
operation of the facility in compliance with part 264, subpart M, of this chapter, based upon the results of the field
tests or laboratory analyses.
(1) This permit modification may proceed under §270.42, or otherwise will proceed as a modification under
§270.41(a)(2). If such modifications are necessary, the second phase of the permit will become effective only after
those modifications have been made.
(2) If no modifications of the second phase of the permit are necessary, the Director will give notice of his final
decision to the permit applicant and to each person who submitted written comments on the phased permit or who
requested notice of the final decision on the second phase of the permit. The second phase of the permit then will
become effective as specified in §124.15(b).
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[48 FR 14228, Apr. 1, 1983, as amended at 53 FR 37939, Sept. 28, 1988]
§ 270.64 Interim permits for UIC wells.
The Director may issue a permit under this part to any Class I UIC well (see §144.6) injecting hazardous wastes
within a State in which no UIC program has been approved or promulgated. Any such permit shall apply and insure
compliance with all applicable requirements of 40 CFR part 264, subpart R (RCRA standards for wells), and shall be
fora term not to exceed two years. No such permit shall be issued after approval or promulgation of a UIC program in
the State. Any permit under this section shall contain a condition providing that it will terminate upon final action by
the Director under a UIC program to issue or deny a UIC permit for the facility.
[48 FR 14228, Apr. 1, 1983; 48 FR 30114, June 30, 1983]
§ 270.65 Research, development, and demonstration permits.
(a) The Administrator may issue a research, development, and demonstration permit for any hazardous waste
treatment facility which proposes to utilize an innovative and experimental hazardous waste treatment technology or
process for which permit standards for such experimental activity have not been promulgated under part 264 or 266.
Any such permit shall include such terms and conditions as will assure protection of human health and the
environment. Such permits:
(1) Shall provide for the construction of such facilities as necessary, and for operation of the facility for not longer than
one year unless renewed as provided in paragraph (d) of this section, and
(2) Shall provide for the receipt and treatment by the facility of only those types and quantities of hazardous waste
which the Administrator deems necessary for purposes of determining the efficacy and performance capabilities of
the technology or process and the effects of such technology or process on human health and the environment, and
(3) Shall include such requirements as the Administrator deems necessary to protect human health and the
environment (including, but not limited to, requirements regarding monitoring, operation, financial responsibility,
closure, and remedial action), and such requirements as the Administrator deems necessary regarding testing and
providing of information to the Administrator with respect to the operation of the facility.
(b) For the purpose of expediting review and issuance of permits under this section, the Administrator may, consistent
with the protection of human health and the environment, modify or waive permit application and permit issuance
requirements in parts 124 and 270 except that there may be no modification or waiver of regulations regarding
financial responsibility (including insurance) or of procedures regarding public participation.
(c) The Administrator may order an immediate termination of all operations at the facility at any time he determines
that termination is necessary to protect human health and the environment.
(d) Any permit issued under this section may be renewed not more than three times. Each such renewal shall be for a
period of not more than 1 year.
[50 FR 28752, July 15, 1985]
§ 270.66 Permits for boilers and industrial furnaces burning hazardous waste.
When an owner or operator of a cement kiln, lightweight aggregate kiln, solid fuel boiler, liquid fuel boiler, or
hydrochloric acid production furnace becomes subject to RCRA permit requirements after October 12, 2005 or when
an owner or operator of an existing cement kiln, lightweight aggregate kiln, solid fuel boiler, liquid fuel boiler, or
hydrochloric acid production furnace demonstrates compliance with the air emission standards and limitations in part
63, subpart EEE, of this chapter (i.e. , by conducting a comprehensive performance test and submitting a Notification
of Compliance under §§63.1207(j) and 63.1210(d) of this chapter documenting compliance with all applicable
requirements of part 63, subpart EEE, of this chapter), the requirements of this section do not apply. The
requirements of this section do apply, however, if the Director determines certain provisions are necessary to ensure
compliance with §§266.102(e)(1) and 266.102(e)(2)(iii) of this chapter if you elect to comply with §270.235(a)(1)(i) to
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minimize emissions of toxic compounds from startup, shutdown, and malfunction events; or if you are an area source
and elect to comply with the §§266.105, 266.106, and 266.107 standards and associated requirements for particulate
matter, hydrogen chloride and chlorine gas, and non-mercury metals; or the Director determines certain provisions
apply, on a case-by-case basis, for purposes of information collection in accordance with §§270.10(k), 270.10(1),
270.32(b)(2), and 270.32(b)(3).
(a) General. Owners and operators of new boilers and industrial furnaces (those not operating under the interim
status standards of §266.103 of this chapter) are subject to paragraphs (b) through (f) of this section. Boilers and
industrial furnaces operating under the interim status standards of §266.103 of this chapter are subject to paragraph
(g) of this section.
(b) Permit operating periods for new boilers and industrial furnaces. A permit for a new boiler or industrial furnace
shall specify appropriate conditions for the following operating periods:
(1) Pretrial burn period. For the period beginning with initial introduction of hazardous waste and ending with initiation
of the trial burn, and only for the minimum time required to bring the boiler or industrial furnace to a point of
operational readiness to conduct a trial burn, not to exceed 720 hours operating time when burning hazardous waste,
the Director must establish in the Pretrial Burn Period of the permit conditions, including but not limited to, allowable
hazardous waste feed rates and operating conditions. The Director may extend the duration of this operational period
once, for up to 720 additional hours, at the request of the applicant when good cause is shown. The permit may be
modified to reflect the extension according to §270.42.
(i) Applicants must submit a statement, with part B of the permit application, that suggests the conditions necessary
to operate in compliance with the standards of §§266.104 through 266.107 of this chapter during this period. This
statement should include, at a minimum, restrictions on the applicable operating requirements identified in
§266.102(e) of this chapter.
(ii) The Director will review this statement and any other relevant information submitted with part B of the permit
application and specify requirements for this period sufficient to meet the performance standards of §§266.104
through 266.107 of this chapter based on his/her engineering judgment.
(2) Trial burn period. For the duration of the trial burn, the Director must establish conditions in the permit for the
purposes of determining feasibility of compliance with the performance standards of §§266.104 through 266.107 of
this chapter and determining adequate operating conditions under §266.102(e) of this chapter. Applicants must
propose a trial burn plan, prepared under paragraph (c) of this section, to be submitted with part B of the permit
application.
(3) Post-trial burn period, (i) For the period immediately following completion of the trial burn, and only for the
minimum period sufficient to allow sample analysis, data computation, and submission of the trial burn results by the
applicant, and review of the trial burn results and modification of the facility permit by the Director to reflect the trial
burn results, the Director will establish the operating requirements most likely to ensure compliance with the
performance standards of §§266.104 through 266.107 of this chapter based on his engineering judgment.
(ii) Applicants must submit a statement, with part B of the application, that identifies the conditions necessary to
operate during this period in compliance with the performance standards of §§266.104 through 266.107 of this
chapter. This statement should include, at a minimum, restrictions on the operating requirements provided by
§266.102(e) of this chapter.
(iii) The Director will review this statement and any other relevant information submitted with part B of the permit
application and specify requirements for this period sufficient to meet the performance standards of §§266.104
through 266.107 of this chapter based on his/her engineering judgment.
(4) Final permit period. For the final period of operation, the Director will develop operating requirements in
conformance with §266.102(e) of this chapter that reflect conditions in the trial burn plan and are likely to ensure
compliance with the performance standards of §§266.104 through 266.107 of this chapter. Based on the trial burn
results, the Director shall make any necessary modifications to the operating requirements to ensure compliance with
the performance standards. The permit modification shall proceed according to §270.42.
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(c) Requirements for trial burn plans. The trial burn plan must include the following information. The Director, in
reviewing the trial burn plan, shall evaluate the sufficiency of the information provided and may require the applicant
to supplement this information, if necessary, to achieve the purposes of this paragraph:
(1) An analysis of each feed stream, including hazardous waste, other fuels, and industrial furnace feed stocks, as
fired, that includes:
(i) Heating value, levels of antimony, arsenic, barium, beryllium, cadmium, chromium, lead, mercury, silver, thallium,
total chlorine/chloride, and ash;
(ii) Viscosity or description of the physical form of the feed stream;
(2) An analysis of each hazardous waste, as fired, including:
(i) An identification of any hazardous organic constituents listed in appendix VIII, part 261, of this chapter that are
present in the feed stream, except that the applicant need not analyze for constituents listed in appendix VIII that
would reasonably not be expected to be found in the hazardous waste. The constituents excluded from analysis must
be identified and the basis for this exclusion explained. The waste analysis must be conducted in accordance with
appropriate analytical techniques.
(ii) An approximate quantification of the hazardous constituents identified in the hazardous waste, within the precision
produced by appropriate analytical methods.
(iii) A description of blending procedures, if applicable, prior to firing the hazardous waste, including a detailed
analysis of the hazardous waste prior to blending, an analysis of the material with which the hazardous waste is
blended, and blending ratios.
(3) A detailed engineering description of the boiler or industrial furnace, including:
(i) Manufacturer's name and model number of the boiler or industrial furnace;
(ii) Type of boiler or industrial furnace;
(iii) Maximum design capacity in appropriate units;
(iv) Description of the feed system for the hazardous waste, and, as appropriate, other fuels and industrial furnace
feedstocks;
(v) Capacity of hazardous waste feed system;
(vi) Description of automatic hazardous waste feed cutoff system(s);
(vii) Description of any air pollution control system; and
(viii) Description of stack gas monitoring and any pollution control monitoring systems.
(4) 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.
(5) A detailed test schedule for each hazardous waste for which the trial burn is planned, including date(s), duration,
quantity of hazardous waste to be burned, and other factors relevant to the Director's decision under paragraph (b)(2)
of this section.
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(6) A detailed test protocol, including, for each hazardous waste identified, the ranges of hazardous waste feed rate,
and, as appropriate, the feed rates of other fuels and industrial furnace feedstocks, and any other relevant
parameters that may affect the ability of the boiler or industrial furnace to meet the performance standards in
§§266.104 through 266.107 of this chapter.
(7) A description of, and planned operating conditions for, any emission control equipment that will be used.
(8) Procedures for rapidly stopping the hazardous waste feed and controlling emissions in the event of an equipment
malfunction.
(9) Such other information as the Director reasonably finds necessary to determine whether to approve the trial burn
plan in light of the purposes of this paragraph and the criteria in paragraph (b)(2) of this section.
(d) Trial burn procedures. (1) A trial burn must be conducted to demonstrate conformance with the standards of
§§266.104 through 266.107 of this chapter under an approved trial burn plan.
(2) The Director shall approve a trial burn plan if he/she finds that:
(i) The trial burn is likely to determine whether the boiler or industrial furnace can meet the performance standards of
§§266.104 through 266.107 of this chapter;
(ii) The trial burn itself will not present an imminent hazard to human health and the environment;
(iii) The trial burn will help the Director to determine operating requirements to be specified under §266.102(e) of this
chapter; and
(iv) The information sought in the trial burn cannot reasonably be developed through other means.
(3) The Director must send a notice to all persons on the facility mailing list as set forth in 40 CFR 124.10(c)(1)(ix)
and to the appropriate units of State and local government as set forth in 40 CFR 124.10(c)(1)(x) announcing the
scheduled commencement and completion dates for the trial burn. The applicant may not commence the trial burn
until after the Director has issued such notice.
(i) This notice must be mailed within a reasonable time period before the trial burn. An additional notice is not
required if the trial burn is delayed due to circumstances beyond the control of the facility or the permitting agency.
(ii) This notice must contain:
(A) The name and telephone number of applicant's contact person;
(B) The name and telephone number of the permitting agency contact office;
(C) The location where the approved trial burn plan and any supporting documents can be reviewed and copied; and
(D) An expected time period for commencement and completion of the trial burn.
(4) The applicant must submit to the Director a certification that the trial burn has been carried out in accordance with
the approved trial burn plan, and must submit the results of all the determinations required in paragraph (c) of this
section. This submission shall be made within 90 days of completion of the trial burn, or later if approved by the
Director.
(5) All data collected during any trial burn must be submitted to the Director following completion of the trial burn.
(6) All submissions required by this paragraph must be certified on behalf of the applicant by the signature of a
person authorized to sign a permit application or a report under §270.11.
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(e) Special procedures for ORE trial burns. When a ORE trial burn is required under §266.104(a) of this chapter, the
Director will specify (based on the hazardous waste analysis data and other information in the trial burn plan) as trial
Principal Organic Hazardous Constituents (POHCs) those compounds for which destruction and removal efficiencies
must be calculated during the trial burn. These trial POHCs will be specified by the Director based on information
including his/her estimate of the difficulty of destroying the constituents identified in the hazardous waste analysis,
their concentrations or mass in the hazardous waste feed, and, for hazardous waste containing or derived from
wastes listed in part 261, subpart D of this chapter, the hazardous waste organic constituent(s) identified in Appendix
VII of that part as the basis for listing.
(f) Determinations based on trial burn. During each approved trial burn (or as soon after the burn as is practicable),
the applicant must make the following determinations:
(1) A quantitative analysis of the levels of antimony, arsenic, barium, beryllium, cadmium, chromium, lead, mercury,
thallium, silver, and chlorine/chloride, in the feed streams (hazardous waste, other fuels, and industrial furnace
feedstocks);
(2) When a ORE trial burn is required under §266.104(a) ofthis chapter:
(i) A quantitative analysis of the trial POHCs in the hazardous waste feed;
(ii) A quantitative analysis of the stack gas for the concentration and mass emissions of the trial POHCs; and
(iii) A computation of destruction and removal efficiency (ORE), in accordance with the ORE formula specified in
§266.104(a) ofthis chapter;
(3) When a trial burn for chlorinated dioxins and furans is required under §266.104(e) ofthis chapter, a quantitative
analysis of the stack gas for the concentration and mass emission rate of the 2,3,7,8-chlorinated tetra-octa congeners
of chlorinated dibenzo-p-dioxins and furans, and a computation showing conformance with the emission standard;
(4) When a trial burn for particulate matter, metals, or HCI/CI2is required under §§266.105, 266.106 (c) or(d), or
266.107 (b)(2) or (c) ofthis chapter, a quantitative analysis of the stack gas for the concentrations and mass
emissions of particulate matter, metals, or hydrogen chloride (HCI) and chlorine (Cb), and computations showing
conformance with the applicable emission performance standards;
(5) When a trial burn for ORE, metals, or HCI/CI2is required under §§266.104(a), 266.106 (c) or (d), or 266.107 (b)(2)
or (c) of this chapter, a quantitative analysis of the scrubber water (if any), ash residues, other residues, and products
for the purpose of estimating the fate of the trial POHCs, metals, and chlorine/chloride;
(6) An identification of sources of fugitive emissions and their means of control;
(7) A continuous measurement of carbon monoxide (CO), oxygen, and where required, hydrocarbons (HC), in the
stack gas; and
(8) Such other information as the Director may specify as necessary to ensure that the trial burn will determine
compliance with the performance standards in §§266.104 through 266.107 ofthis chapter and to establish the
operating conditions required by §266.102(e) ofthis chapter as necessary to meet those performance standards.
(g) Interim status boilers and industrial furnaces. For the purpose of determining feasibility of compliance with the
performance standards of §266.104 through 266.107 ofthis chapter and of determining adequate operating
conditions under §266.103 ofthis chapter, applicants owning or operating existing boilers or industrial furnaces
operated under the interim status standards of §266.103 ofthis chapter must either prepare and submit a trial burn
plan and perform a trial burn in accordance with the requirements ofthis section or submit other information as
specified in §270.22(a)(6). The Director must announce his or her intention to approve of the trial burn plan in
accordance with the timing and distribution requirements of paragraph (d)(3) ofthis section. The contents of the
notice must include: the name and telephone number of a contact person at the facility; the name and telephone
number of a contact office at the permitting agency; the location where the trial burn plan and any supporting
documents can be reviewed and copied; and a schedule of the activities that are required prior to permit issuance,
including the anticipated time schedule for agency approval of the plan and the time periods during which the trial
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burn would be conducted. Applicants who submit a trial burn plan and receive approval before submission of the part
B permit application must complete the trial burn and submit the results specified in paragraph (f) of this section with
the part B permit application. If completion of this process conflicts with the date set for submission of the part B
application, the applicant must contact the Director to establish a later date for submission of the part B application or
the trial burn results. If the applicant submits a trial burn plan with part B of the permit application, the trial burn must
be conducted and the results submitted within a time period prior to permit issuance to be specified by the Director.
[56 FR 7239, Feb. 21, 1991; 56 FR 32692, July 17, 1991, as amended at 58 FR 46051, Aug. 31, 1993; 60 FR 63433,
Dec. 11, 1995; 64 FR 53077, Sept. 30, 1999; 67 FR 77692, Dec. 19, 2002; 70 FR 34590, June 14, 2005; 70 FR
59578, Oct. 12, 2005]
§ 270.67 RCRA standardized permits for storage and treatment units.
RCRA standardized permits are special forms of permits for TSD owners or operators that:
(a) Generate hazardous waste and then non-thermally treat or store the hazardous waste on-site in tanks, containers,
or containment buildings; or
(b) Receive hazardous waste generated off-site by a generator under the same ownership as the receiving facility,
and then store or non-thermally treat the hazardous waste in containers, tanks, or containment buildings.
Standardized permit facility owners or operators are regulated under subpart J of this part, part 124 subpart G of this
chapter, and part 267 of this chapter.
[70 FR 53475, Sept. 8, 2005]
§ 270.68 Remedial Action Plans (RAPs).
Remedial Action Plans (RAPs) are special forms of permits that are regulated under subpart H of this part.
[63 FR 65941, Nov. 30, 1998]
§ 270.70 Qualifying for interim status.
(a) Any person who owns or operates an "existing HWM facility" or a facility in existence on the effective date of
statutory or regulatory amendments under the Act that render the facility subject to the requirement to have a RCRA
permit shall have interim status and shall be treated as having been issued a permit to the extent he or she has:
(1) Complied with the requirements of section 3010(a) of RCRA pertaining to notification of hazardous waste activity.
[ Comment: Some existing facilities may not be required to file a notification under section 3010(a) of
RCRA. These facilities may qualify for interim status by meeting paragraph (a)(2) of this section.]
(2) Complied with the requirements of §270.10 governing submission of part A applications;
(b) Failure to qualify for interim status. If EPA has reason to believe upon examination of a part A application that it
fails to meet the requirements of §270.13, it shall notify the owner or operator in writing of the apparent deficiency.
Such notice shall specify the grounds for EPA's belief that the application is deficient. The owner or operator shall
have 30 days from receipt to respond to such a notification and to explain or cure the alleged deficiency in his part A
application. If, after such notification and opportunity for response, EPA determines that the application is deficient it
may take appropriate enforcement action.
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(c) Paragraph (a) of this section shall not apply to any facility which has been previously denied a RCRA permit or if
authority to operate the facility under RCRA has been previously terminated.
[48 FR 14228, Apr. 1, 1983, as amended at 49 FR 17718, Apr. 24, 1984; 50 FR 28753, July 15, 1985; 71 FR 40279,
July 14, 2006]
§ 270.71 Operation during interim status.
(a) During the interim status period the facility shall not:
(1) Treat, store, or dispose of hazardous waste not specified in part A of the permit application;
(2) Employ processes not specified in part A of the permit application; or
(3) Exceed the design capacities specified in part A of the permit application.
(b) Interim status standards. During interim status, owners or operators shall comply with the interim status standards
at 40 CFR part 265.
§ 270.72 Changes during interim status.
(a) Except as provided in paragraph (b), the owner or operator of an interim status facility may make the following
changes at the facility:
(1) Treatment, storage, or disposal of new hazardous wastes not previously identified in part A of the permit
application (and, in the case of newly listed or identified wastes, addition of the units being used to treat, store, or
dispose of the hazardous wastes on the effective date of the listing or identification) if the owner or operator submits a
revised part A permit application prior to such treatment, storage, or disposal;
(2) Increases in the design capacity of processes used at the facility if the owner or operator submits a revised part A
permit application prior to such a change (along with a justification explaining the need for the change) and the
Director approves the changes because:
(i) There is a lack of available treatment, storage, or disposal capacity at other hazardous waste management
facilities, or
(ii) The change is necessary to comply with a Federal, State, or local requirement.
(3) Changes in the processes for the treatment, storage, or disposal of hazardous waste or addition of processes if
the owner or operator submits a revised part A permit application prior to such change (along with a justification
explaining the need for the change) and the Director approves the change because:
(i) The change is necessary to prevent a threat to human health and the environment because of an emergency
situation, or
(ii) The change is necessary to comply with a Federal, State, or local requirement.
(4) Changes in the ownership or operational control of a facility if the new owner or operator submits a revised part A
permit application no later than 90 days prior to the scheduled change. When a transfer of operational control of a
facility occurs, the old owner or operator shall comply with the requirements of 40 CFR part 265, subpart H (Financial
Requirements), until the new owner or operator has demonstrated to the Director that he is complying with the
requirements of that subpart. The new owner or operator must demonstrate compliance with subpart H requirements
within six months of the date of the change in ownership or operational control of the facility. Upon demonstration to
the Director by the new owner or operator of compliance with subpart H, the Director shall notify the old owner or
operator in writing that he no longer needs to comply with subpart H as of the date of demonstration. All other interim
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status duties are transferred effective immediately upon the date of the change in ownership or operational control of
the facility.
(5) Changes made in accordance with an interim status corrective action order issued by EPA under section 3008(h)
or other Federal authority, by an authorized State under comparable State authority, or by a court in a judicial action
brought by EPA or by an authorized State. Changes under this paragraph are limited to the treatment, storage, or
disposal of solid waste from releases that originate within the boundary of the facility.
(6) Addition of newly regulated units for the treatment, storage, or disposal of hazardous waste if the owner or
operator submits a revised part A permit application on or before the date on which the unit becomes subject to the
new requirements.
(b) Except as specifically allowed under this paragraph, changes listed under paragraph (a) of this section may not be
made if they amount to reconstruction of the hazardous waste management facility. Reconstruction occurs when the
capital investment in the changes to the facility exceeds 50 percent of the capital cost of a comparable entirely new
hazardous waste management facility. If all other requirements are met, the following changes may be made even if
they amount to a reconstruction:
(1) Changes made solely for the purposes of complying with the requirements of 40 CFR 265.193 fortanks and
ancillary equipment.
(2) If necessary to comply with Federal, State, or local requirements, changes to an existing unit, changes solely
involving tanks or containers, or addition of replacement surface impoundments that satisfy the standards of section
3004(o).
(3) Changes that are necessary to allow owners or operators to continue handling newly listed or identified hazardous
wastes that have been treated, stored, or disposed of at the facility prior to the effective date of the rule establishing
the new listing or identification.
(4) Changes during closure of a facility or of a unit within a facility made in accordance with an approved closure plan.
(5) Changes necessary to comply with an interim status corrective action order issued by EPA under section 3008(h)
or other Federal authority, by an authorized State under comparable State authority, or by a court in a judicial
proceeding brought by EPA or an authorized State, provided that such changes are limited to the treatment, storage,
or disposal of solid waste from releases that originate within the boundary of the facility.
(6) Changes to treat or store, in tanks, containers, or containment buildings, hazardous wastes subject to land
disposal restrictions imposed by part 268 of this chapter or RCRA section 3004, provided that such changes are
made solely for the purpose of complying with part 268 of this chapter or RCRA section 3004.
(7) Addition of newly regulated units under paragraph (a)(6) of this section.
(8) Changes necessary to comply with standards under 40 CFR part 63, Subpart EEE—National Emission Standards
for Hazardous Air Pollutants From Hazardous Waste Combustors.
[54 FR 9608, Mar. 7, 1989, as amended at 56 FR 7239, Feb. 21, 1991; 57 FR 37282, Aug. 18, 1992; 63 FR 33829,
June 19, 1998; 71 FR 40279, July 14, 2006]
§ 270.73 Termination of interim status.
Interim status terminates when:
(a) Final administrative disposition of a permit application, except an application for a remedial action plan (RAP)
under subpart H of this part, is made.
(b) Interim status is terminated as provided in §270.10(e)(5).
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(c) For owners or operators of each land disposal facility which has been granted interim status prior to November 8,
1984, on Novembers, 1985, unless:
(1) The owner or operator submits a part B application for a permit for such facility prior to that date; and
(2) The owner or operator certifies that such facility is in compliance with all applicable ground-water monitoring and
financial responsibility requirements.
(d) For owners or operators of each land disposal facility which is in existence on the effective date of statutory or
regulatory amendments under the Act that render the facility subject to the requirement to have a RCRA permit and
which is granted interim status, twelve months after the date on which the facility first becomes subject to such permit
requirement unless the owner or operator of such facility:
(1) Submits a part B application fora RCRA permit for such facility before the date 12 months after the date on which
the facility first becomes subject to such permit requirement; and
(2) Certifies that such facility is in compliance with all applicable ground water monitoring and financial responsibility
requirements.
(e) For owners or operators of any land disposal unit that is granted authority to operate under §270.72(a) (1), (2) or
(3), on the date 12 months after the effective date of such requirement, unless the owner or operator certifies that
such unit is in compliance with all applicable ground-water monitoring and financial responsibility requirements.
(f) For owners and operators of each incinerator facility which has achieved interim status prior to Novembers, 1984,
interim status terminates on November 8, 1989, unless the owner or operator of the facility submits a part B
application for a RCRA permit for an incinerator facility by November 8, 1986.
(g) For owners or operators of any facility (other than a land disposal or an incinerator facility) which has achieved
interim status prior to Novembers, 1984, interim status terminates on Novembers, 1992, unless the owner or
operator of the facility submits a part B application for a RCRA permit for the facility by November 8, 1988.
[48 FR 14228, Apr. 1, 1983, as amended at 50 FR 28753, July 15, 1985; 54 FR 9609, Mar. 7, 1989; 56 FR 7239,
Feb. 21, 1991; 56 FR 32692, July 17, 1991; 63 FR 65941, Nov. 30, 1998]
H
Source: 63 FR 65941, Nov. 30, 1998, unless otherwise noted.
§ 270.79 Why is this subpart written in a special format?
This subpart is written in a special format to make it easier to understand the regulatory requirements. Like other
Environmental Protection Agency (EPA) regulations, this establishes enforceable legal requirements. For this
subpart, "I" and "you" refer to the owner/operator.
:- -•' '.."".:' ".-•'. .
§270.80 What is a RAP?
(a) A RAP is a special form of RCRA permit that you, as an owner or operator, may obtain, instead of a permit issued
under §§270.3 through 270.66, to authorize you to treat, store, or dispose of hazardous remediation waste (as
defined in §260.10 of this chapter) at a remediation waste management site. A RAP may only be issued for the area
of contamination where the remediation wastes to be managed under the RAP originated, or areas in close proximity
to the contaminated area, except as allowed in limited circumstances under §270.230.
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(b) The requirements in §§270.3 through 270.66 do not apply to RAPs unless those requirements for traditional
RCRA permits are specifically required under §§270.80 through 270.230. The definitions in §270.2 apply to RAPs.
(c) Notwithstanding any other provision of this part or part 124 of this chapter, any document that meets the
requirements in this section constitutes a RCRA permit under RCRA section 3005(c).
(d) A RAP may be:
(1) A stand-alone document that includes only the information and conditions required by this subpart; or
(2) Part (or parts) of another document that includes information and/or conditions for other activities at the
remediation waste management site, in addition to the information and conditions required by this subpart.
(e) If you are treating, storing, or disposing of hazardous remediation wastes as part of a cleanup compelled by
Federal or State cleanup authorities, your RAP does not affect your obligations under those authorities in any way.
(f) If you receive a RAP at a facility operating under interim status, the RAP does not terminate your interim status.
§ 270.85 When do I need a RAP?
(a) Whenever you treat, store, or dispose of hazardous remediation wastes in a manner that requires a RCRA permit
under §270.1, you must either obtain:
(1) A RCRA permit according to §§270.3 through 270.66; or
(2) A RAP according to this subpart.
(b) Treatment units that use combustion of hazardous remediation wastes at a remediation waste management site
are not eligible for RAPs under this subpart.
(c) You may obtain a RAP for managing hazardous remediation waste at an already permitted RCRA facility. You
must have these RAPs approved as a modification to your existing permit according to the requirements of §270.41
or §270.42 instead of the requirements in this subpart. When you submit an application for such a modification,
however, the information requirements in §270.42(a)(1)(i), (b)(1)(iv), and (c)(1)(iv) do not apply; instead, you must
submit the information required under §270.110. When your permit is modified the RAP becomes part of the RCRA
permit. Therefore when your permit (including the RAP portion) is modified, revoked and reissued, terminated or
when it expires, it will be modified according to the applicable requirements in §§270.40 through 270.42, revoked and
reissued according to the applicable requirements in §§270.41 and 270.43, terminated according to the applicable
requirements in §270.43, and expire according to the applicable requirements in §§270.50 and 270.51.
§ 270.90 Does my RAP grant me any rights or relieve me of any obligations?
The provisions of §270.4 apply to RAPs. (Note:The provisions of §270.4(a) provide you assurance that, as long as
you comply with your RAP, EPA will consider you in compliance with Subtitle C of RCRA, and will not take
enforcement actions against you. However, you should be aware of four exceptions to this provision that are listed in
§270.4.)
§ 270.95 How do I apply for a RAP?
To apply for a RAP, you must complete an application, sign it, and submit it to the Director according to the
requirements in this subpart.
§270.100 Who must obtain a RAP?
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When a facility or remediation waste management site is owned by one person, but the treatment, storage or disposal
activities are operated by another person, it is the operator's duty to obtain a RAP, except that the owner must also
sign the RAP application.
§ 270.105 Who must sign the application and any required reports for a RAP?
Both the owner and the operator must sign the RAP application and any required reports according to §270.11(a),
(b), and (c). In the application, both the owner and the operator must also make the certification required under
§270.11(d)(1). However, the owner may choose the alternative certification under §270.11(d)(2) if the operator
certifies under §270.11(d)(1).
§ 270.110 What must I include in my application for a RAP?
You must include the following information in your application for a RAP:
(a) The name, address, and EPA identification number of the remediation waste management site;
(b) The name, address, and telephone number of the owner and operator;
(c) The latitude and longitude of the site;
(d) The United States Geological Survey (USGS) or county map showing the location of the remediation waste
management site;
(e) A scaled drawing of the remediation waste management site showing:
(1) The remediation waste management site boundaries;
(2) Any significant physical structures; and
(3) The boundary of all areas on-site where remediation waste is to be treated, stored or disposed;
(f) A specification of the hazardous remediation waste to be treated, stored or disposed of at the facility or
remediation waste management site. This must include information on:
(1) Constituent concentrations and other properties of the hazardous remediation wastes that may affect how such
materials should be treated and/or otherwise managed;
(2) An estimate of the quantity of these wastes; and
(3) A description of the processes you will use to treat, store, or dispose of this waste including technologies, handling
systems, design and operating parameters you will use to treat hazardous remediation wastes before disposing of
them according to the LDR standards of part 268 of this chapter, as applicable;
(g) Enough information to demonstrate that operations that follow the provisions in your RAP application will ensure
compliance with applicable requirements of parts 264, 266, and 268 of this chapter;
(h) Such information as may be necessary to enable the Regional Administrator to carry out his duties under other
Federal laws as is required for traditional RCRA permits under §270.14(b)(20);
(i) Any other information the Director decides is necessary for demonstrating compliance with this subpart or for
determining any additional RAP conditions that are necessary to protect human health and the environment.
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§ 270.115 What if I want to keep this information confidential?
Part 2 (Public Information) of this chapter allows you to claim as confidential any or all of the information you submit
to EPA under this subpart. You must assert any such claim at the time that you submit your RAP application or other
submissions by stamping the words "confidential business information" on each page containing such information. If
you do assert a claim at the time you submit the information, EPA will treat the information according to the
procedures in part 2 of this chapter. If you do not assert a claim at the time you submit the information, EPA may
make the information available to the public without further notice to you. EPA will deny any requests for
confidentiality of your name and/or address.
§ 270.120 To whom must I submit my RAP application?
You must submit your application for a RAP to the Director for approval.
§ 270.125 If I submit my RAP application as part of another document, what must I do?
If you submit your application for a RAP as a part of another document, you must clearly identify the components of
that document that constitute your RAP application.
§ 270.130 What is the process for approving or denying my application for a RAP?
(a) If the Director tentatively finds that your RAP application includes all of the information required by §270.110 and
that your proposed remediation waste management activities meet the regulatory standards, the Director will make a
tentative decision to approve your RAP application. The Director will then prepare a draft RAP and provide an
opportunity for public comment before making a final decision on your RAP application, according to this subpart.
(b) If the Director tentatively finds that your RAP application does not include all of the information required by
§270.110 or that your proposed remediation waste management activities do not meet the regulatory standards, the
Director may request additional information from you or ask you to correct deficiencies in your application. If you fail
or refuse to provide any additional information the Director requests, or to correct any deficiencies in your RAP
application, the Director may make a tentative decision to deny your RAP application. After making this tentative
decision, the Director will prepare a notice of intent to deny your RAP application ("notice of intent to deny") and
provide an opportunity for public comment before making a final decision on your RAP application, according to the
requirements in this Subpart. The Director may deny the RAP application either in its entirety or in part.
§ 270.135 What must the Director include in a draft RAP?
If the Director prepares a draft RAP, it must include the:
(a) Information required under §270.110(a) through (f);
(b) The following terms and conditions:
(1) Terms and conditions necessary to ensure that the operating requirements specified in your RAP comply with
applicable requirements of parts 264, 266, and 268 of this chapter (including any recordkeeping and reporting
requirements). In satisfying this provision, the Director may incorporate, expressly or by reference, applicable
requirements of parts 264, 266, and 268 of this chapter into the RAP or establish site-specific conditions as required
or allowed by parts 264, 266, and 268 of this chapter;
(2) Terms and conditions in §270.30;
(3) Terms and conditions for modifying, revoking and reissuing, and terminating your RAP, as provided in §270.170;
and
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(4) Any additional terms or conditions that the Director determines are necessary to protect human health and the
environment, including any terms and conditions necessary to respond to spills and leaks during use of any units
permitted under the RAP; and
(c) If the draft RAP is part of another document, as described in §270.80(d)(2), the Director must clearly identify the
components of that document that constitute the draft RAP.
§ 270.140 What else must the Director prepare in addition to the draft RAP or notice of intent to
deny?
Once the Director has prepared the draft RAP or notice of intent to deny, he must then:
(a) Prepare a statement of basis that briefly describes the derivation of the conditions of the draft RAP and the
reasons for them, or the rationale for the notice of intent to deny;
(b) Compile an administrative record, including:
(1) The RAP application, and any supporting data furnished by the applicant;
(2) The draft RAP or notice of intent to deny;
(3) The statement of basis and all documents cited therein (material readily available at the issuing Regional office or
published material that is generally available need not be physically included with the rest of the record, as long as it
is specifically referred to in the statement of basis); and
(4) Any other documents that support the decision to approve or deny the RAP; and
(c) Make information contained in the administrative record available for review by the public upon request.
§ 270.145 What are the procedures for public comment on the draft RAP or notice of intent to
deny?
(a) The Director must:
(1) Send notice to you of his intention to approve or deny your RAP application, and send you a copy of the statement
of basis;
(2) Publish a notice of his intention to approve or deny your RAP application in a major local newspaper of general
circulation;
(3) Broadcast his intention to approve or deny your RAP application over a local radio station; and
(4) Send a notice of his intention to approve or deny your RAP application to each unit of local government having
jurisdiction over the area in which your site is located, and to each State agency having any authority under State law
with respect to any construction or operations at the site.
(b)The notice required by paragraph (a) of this section must provide an opportunity for the public to submit written
comments on the draft RAP or notice of intent to deny within at least 45 days.
(c) The notice required by paragraph (a) of this section must include:
(1)The name and address of the office processing the RAP application;
(2) The name and address of the RAP applicant, and if different, the remediation waste management site or activity
the RAP will regulate;
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(3) A brief description of the activity the RAP will regulate;
(4) The name, address and telephone number of a person from whom interested persons may obtain further
information, including copies of the draft RAP or notice of intent to deny, statement of basis, and the RAP application;
(5) A brief description of the comment procedures in this section, and any other procedures by which the public may
participate in the RAP decision;
(6) If a hearing is scheduled, the date, time, location and purpose of the hearing;
(7) If a hearing is not scheduled, a statement of procedures to request a hearing;
(8) The location of the administrative record, and times when it will be open for public inspection; and
(9) Any additional information the Director considers necessary or proper.
(d) If, within the comment period, the Director receives written notice of opposition to his intention to approve or deny
your RAP application and a request for a hearing, the Director must hold an informal public hearing to discuss issues
relating to the approval or denial of your RAP application. The Director may also determine on his own initiative that
an informal hearing is appropriate. The hearing must include an opportunity for any person to present written or oral
comments. Whenever possible, the Director must schedule this hearing at a location convenient to the nearest
population center to the remediation waste management site and give notice according to the requirements in
paragraph (a) of this section. This notice must, at a minimum, include the information required by paragraph (c) of this
section and:
(1) Reference to the date of any previous public notices relating to the RAP application;
(2) The date, time and place of the hearing; and
(3) A brief description of the nature and purpose of the hearing, including the applicable rules and procedures.
§ 270.150 How will the Director make a final decision on my RAP application?
(a) The Director must consider and respond to any significant comments raised during the public comment period, or
during any hearing on the draft RAP or notice of intent to deny, and revise your draft RAP based on those comments,
as appropriate.
(b) If the Director determines that your RAP includes the information and terms and conditions required in §270.135,
then he will issue a final decision approving your RAP and, in writing, notify you and all commenters on your draft
RAP that your RAP application has been approved.
(c) If the Director determines that your RAP does not include the information required in §270.135, then he will issue
a final decision denying your RAP and, in writing, notify you and all commenters on your draft RAP that your RAP
application has been denied.
(d) If the Director's final decision is that the tentative decision to deny the RAP application was incorrect, he will
withdraw the notice of intent to deny and proceed to prepare a draft RAP, according to the requirements in this
subpart.
(e) When the Director issues his final RAP decision, he must refer to the procedures for appealing the decision under
§270.155.
(f) Before issuing the final RAP decision, the Director must compile an administrative record. Material readily
available at the issuing Regional office or published materials which are generally available and which are included in
the administrative record need not be physically included with the rest of the record as long as it is specifically
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referred to in the statement of basis or the response to comments. The administrative record for the final RAP must
include information in the administrative record for the draft RAP (see §270.140(b)) and:
(1) All comments received during the public comment period;
(2) Tapes or transcripts of any hearings;
(3) Any written materials submitted at these hearings;
(4) The responses to comments;
(5) Any new material placed in the record since the draft RAP was issued;
(6) Any other documents supporting the RAP; and (7) A copy of the final RAP.
(g) The Director must make information contained in the administrative record available for review by the public upon
request.
§ 270.155 May the decision to approve or deny my RAP application be administratively
appealed?
(a) Any commenter on the draft RAP or notice of intent to deny, or any participant in any public hearing(s) on the
draft RAP, may appeal the Director's decision to approve or deny your RAP application to EPA's Environmental
Appeals Board under §124.19 of this chapter. Any person who did not file comments, or did not participate in any
public hearing(s) on the draft RAP, may petition for administrative review only to the extent of the changes from the
draft to the final RAP decision. Appeals of RAPs may be made to the same extent as for final permit decisions under
§124.15 of this chapter (or a decision under §270.29 to deny a permit for the active life of a RCRA hazardous waste
management facility or unit). Instead of the notice required under §§124.19(c) and 124.10 of this chapter, the Director
will give public notice of any grant of review of RAPs by the Environmental Appeals Board through the same means
used to provide notice under §270.145. The notice will include:
(1)The briefing schedule for the appeal as provided by the Board;
(2) A statement that any interested person may file an amicus brief with the Board; and
(3) The information specified in §270.145(c), as appropriate.
(b) This appeal is a prerequisite to seeking judicial review of these EPA actions.
§ 270.160 When does my RAP become effective?
Your RAP becomes effective 30 days after the Director notifies you and all commenters that your RAP is approved
unless:
(a) The Director specifies a later effective date in his decision;
(b) You or another person has appealed your RAP under §270.155 (if your RAP is appealed, and the request for
review is granted under §270.155, conditions of your RAP are stayed according to §124.16 of this chapter); or
(c) No commenters requested a change in the draft RAP, in which case the RAP becomes effective immediately
when it is issued.
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§ 270.165 When may I begin physical construction of new units permitted under the RAP?
You must not begin physical construction of new units permitted under the RAP for treating, storing or disposing of
hazardous remediation waste before receiving a finally effective RAP.
§ 270.170 After my RAP is issued, how may it be modified, revoked and reissued, or terminated?
In your RAP, the Director must specify, either directly or by reference, procedures for future modifications,
revocations and reissuance, or terminations of your RAP. These procedures must provide adequate opportunities for
public review and comment on any modification, revocation and reissuance, or termination that would significantly
change your management of your remediation waste, or that otherwise merits public review and comment. If your
RAP has been incorporated into a traditional RCRA permit, as allowed under §270.85(c), then the RAP will be
modified according to the applicable requirements in §§270.40 through 270.42, revoked and reissued according to
the applicable requirements in §§270.41 and 270.43, or terminated according to the applicable requirements of
§270.43.
§ 270.175 For what reasons may the Director choose to modify my final RAP?
(a) The Director may modify your final RAP on his own initiative only if one or more of the following reasons listed in
this section exist(s). If one or more of these reasons do not exist, then the Director will not modify your final RAP,
except at your request. Reasons for modification are:
(1) You made material and substantial alterations or additions to the activity that justify applying different conditions;
(2) The Director finds new information that was not available at the time of RAP issuance and would have justified
applying different RAP conditions at the time of issuance;
(3) The standards or regulations on which the RAP was based have changed because of new or amended statutes,
standards or regulations, or by judicial decision after the RAP was issued;
(4) If your RAP includes any schedules of compliance, the Director may find reasons to modify your compliance
schedule, such as an act of God, strike, flood, or materials shortage or other events over which you as the
owner/operator have little or no control and for which there is no reasonably available remedy;
(5) You are not in compliance with conditions of your RAP;
(6) You failed in the application or during the RAP issuance process to disclose fully all relevant facts, or you
misrepresented any relevant facts at the time;
(7) The Director has determined that the activity authorized by your RAP endangers human health or the environment
and can only be remedied by modifying; or
(8) You have notified the Director (as required in the RAP under §270.30(l)(3)) of a proposed transfer of a RAP.
(b) Notwithstanding any other provision in this section, when the Director reviews a RAP for a land disposal facility
under §270.195, he may modify the permit as necessary to assure that the facility continues to comply with the
currently applicable requirements in parts 124, 260 through 266 and 270 of this chapter.
(c) The Director will not reevaluate the suitability of the facility location at the time of RAP modification unless new
information or standards indicate that a threat to human health or the environment exists that was unknown when the
RAP was issued.
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§ 270.180 For what reasons may the Director choose to revoke and reissue my final RAP?
(a) The Director may revoke and reissue your final RAP on his own initiative only if one or more reasons for
revocation and reissuance exist(s). If one or more reasons do not exist, then the Director will not modify or revoke
and reissue your final RAP, except at your request. Reasons for modification or revocation and reissuance are the
same as the reasons listed for RAP modifications in §270.175(a)(5) through (8) if the Director determines that
revocation and reissuance of your RAP is appropriate.
(b) The Director will not reevaluate the suitability of the facility location at the time of RAP revocation and reissuance,
unless new information or standards indicate that a threat to human health or the environment exists that was
unknown when the RAP was issued.
§ 270.185 For what reasons may the Director choose to terminate my final RAP, or deny my
renewal application?
The Director may terminate your final RAP on his own initiative, or deny your renewal application for the same
reasons as those listed for RAP modifications in §270.175(a)(5) through (7) if the Director determines that termination
of your RAP or denial of your RAP renewal application is appropriate.
§ 270.190 May the decision to approve or deny a modification, revocation and reissuance, or
termination of my RAP be administratively appealed?
(a) Any commenter on the modification, revocation and reissuance or termination, or any person who participated in
any hearing(s) on these actions, may appeal the Director's decision to approve a modification, revocation and
reissuance, or termination of your RAP, according to §270.155. Any person who did not file comments or did not
participate in any public hearing(s) on the modification, revocation and reissuance or termination, may petition for
administrative review only of the changes from the draft to the final RAP decision.
(b) Any commenter on the modification, revocation and reissuance or termination, or any person who participated in
any hearing(s) on these actions, may informally appeal the Director's decision to deny a request for modification,
revocation and reissuance, or termination to EPA's Environmental Appeals Board. Any person who did not file
comments, or did not participate in any public hearing(s) on the modification, revocation and reissuance or
termination may petition for administrative review only of the changes from the draft to the final RAP decision.
(c) The process for informal appeals of RAPs is as follows:
(1) The person appealing the decision must send a letter to the Environmental Appeals Board. The letter must briefly
set forth the relevant facts.
(2) The Environmental Appeals Board has 60 days after receiving the letter to act on it.
(3) If the Environmental Appeals Board does not take action on the letter within 60 days after receiving it, the appeal
shall be considered denied.
(d) This informal appeal is a prerequisite to seeking judicial review of these EPA actions.
§270.195 When will my RAP expire?
RAPs must be issued for a fixed term, not to exceed 10 years, although they may be renewed upon approval by the
Director in fixed increments of no more than ten years. In addition, the Director must review any RAP for hazardous
waste land disposal five years after the date of issuance or reissuance and you or the Director must follow the
requirements for modifying your RAP as necessary to assure that you continue to comply with currently applicable
requirements in RCRA sections 3004 and 3005.
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§ 270.200 How may I renew my RAP if it is expiring?
If you wish to renew your expiring RAP, you must follow the process for application for and issuance of RAPs in this
subpart.
§ 270.205 What happens if I have applied correctly for a RAP renewal but have not received
approval by the time my old RAP expires?
If you have submitted a timely and complete application for a RAP renewal, but the Director, through no fault of yours,
has not issued a new RAP with an effective date on or before the expiration date of your previous RAP, your previous
RAP conditions continue in force until the effective date of your new RAP or RAP denial.
§ 270.210 What records must I maintain concerning my RAP?
You are required to keep records of:
(a) All data used to complete RAP applications and any supplemental information that you submit for a period of at
least 3 years from the date the application is signed; and
(b) Any operating and/or other records the Director requires you to maintain as a condition of your RAP.
§ 270.215 How are time periods in the requirements in this subpart and my RAP computed?
(a) Any time period scheduled to begin on the occurrence of an act or event must begin on the day after the act or
event. (For example, if your RAP specifies that you must close a staging pile within 180 days after the operating term
for that staging pile expires, and the operating term expires on June 1, then June 2 counts as day one of your 180
days, and you would have to complete closure by November 28.)
(b) Any time period scheduled to begin before the occurrence of an act or event must be computed so that the period
ends on the day before the act or event. (For example, if you are transferring ownership or operational control of your
site, and wish to transfer your RAP, the new owner or operator must submit a revised RAP application no later than
90 days before the scheduled change. Therefore, if you plan to change ownership on January 1, the new
owner/operator must submit the revised RAP application no later than October 3, so that the 90th day would be
December 31.)
(c) If the final day of any time period falls on a weekend or legal holiday, the time period must be extended to the next
working day. (For example, if you wish to appeal the Director's decision to modify your RAP, then you must petition
the Environmental Appeals Board within 30 days after the Director has issued the final RAP decision. If the 30th day
falls on Sunday, then you may submit your appeal by the Monday after. If the 30th day falls on July 4th, then you may
submit your appeal by July 5th.)
(d) Whenever a party or interested person has the right to or is required to act within a prescribed period after the
service of notice or other paper upon him by mail, 3 days must be added to the prescribed term. (For example, if you
wish to appeal the Director's decision to modify your RAP, then you must petition the Environmental Appeals Board
within 30 days after the Director has issued the final RAP decision. However, if the Director notifies you of his
decision by mail, then you may have 33 days to petition the Environmental Appeals Board.)
§ 270.220 How may I transfer my RAP to a new owner or operator?
(a) If you wish to transfer your RAP to a new owner or operator, you must follow the requirements specified in your
RAP for RAP modification to identify the new owner or operator, and incorporate any other necessary requirements.
These modifications do not constitute "significant" modifications for purposes of §270.170. The new owner/operator
must submit a revised RAP application no later than 90 days before the scheduled change along with a written
agreement containing a specific date for transfer of RAP responsibility between you and the new permittees.
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(b) When a transfer of ownership or operational control occurs, you as the old owner or operator must comply with
the applicable requirements in part 264, subpart H (Financial Requirements), of this chapter until the new owner or
operator has demonstrated that he is complying with the requirements in that subpart. The new owner or operator
must demonstrate compliance with part 264, subpart H, of this chapter within six months of the date of the change in
ownership or operational control of the facility or remediation waste management site. When the new owner/operator
demonstrates compliance with part 264, subpart H, of this chapter to the Director, the Director will notify you that you
no longer need to comply with part 264, subpart H, of this chapter as of the date of demonstration.
§ 270.225 What must the State or EPA Region report about noncompliance with RAPs?
The State or EPA Region must report noncompliance with RAPs according to the provisions of §270.5.
§ 270.230 May I perform remediation waste management activities under a RAP at a location
removed from the area where the remediation wastes originated?
(a) You may request a RAP for remediation waste management activities at a location removed from the area where
the remediation wastes originated if you believe such a location would be more protective than the contaminated area
or areas in close proximity.
(b) If the Director determines that an alternative location, removed from the area where the remediation waste
originated, is more protective than managing remediation waste at the area of contamination or areas in close
proximity, then the Director may approve a RAP for this alternative location.
(c) You must request the RAP, and the Director will approve or deny the RAP, according to the procedures and
requirements in this subpart.
(d) A RAP for an alternative location must also meet the following requirements, which the Director must include in
the RAP for such locations:
(1) The RAP for the alternative location must be issued to the person responsible for the cleanup from which the
remediation wastes originated;
(2) The RAP is subject to the expanded public participation requirements in §§124.31, 124.32, and 124.33 of this
chapter;
(3) The RAP is subject to the public notice requirements in §124.10(c) of this chapter;
(4) The site permitted in the RAP may not be located within 61 meters or 200 feet of a fault which has had
displacement in the Holocene time (you must demonstrate compliance with this standard through the requirements in
§270.14(b)(11)) (See definitions of terms in §264.18(a) of this chapter);
Note to paragraph (d)(4): Sites located in political jurisdictions other than those listed in Appendix VI of
part 264 of this chapter, are assumed to be in compliance with this requirement.
(e) These alternative locations are remediation waste management sites, and retain the following benefits of
remediation waste management sites:
(1) Exclusion from facility-wide corrective action under §264.101 of this chapter; and
(2) Application of §264.1 (j) of this chapter in lieu of part 264, subparts B, C, and D, of this chapter.
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Subpart I—Integration with Maximum Achievable Control Technology
(MACT) Standards
§ 270.235 Options for incinerators, cement kilns, lightweight aggregate kilns, solid fuel boilers,
liquid fuel boilers and hydrochloric acid production furnaces to minimize emissions from startup,
shutdown, and malfunction events.
(a) Facilities with existing permits —(1) Revisions to permit conditions after documenting compliance with MACT.
The owner or operator of a RCRA-permitted incinerator, cement kiln, lightweight aggregate kiln, solid fuel boiler, liquid
fuel boiler, or hydrochloric acid production furnace may request that the Director address permit conditions that
minimize emissions from startup, shutdown, and malfunction events under any of the following options when
requesting removal of permit conditions that are no longer applicable according to §§264.340(b) and 266.100(b) of
this chapter:
(i) Retain relevant permit conditions . Under this option, the Director will:
(A) Retain permit conditions that address releases during startup, shutdown, and malfunction events, including
releases from emergency safety vents, as these events are defined in the facility's startup, shutdown, and malfunction
plan required under §63.1206(c)(2) of this chapter; and
(B) Limit applicability of those permit conditions only to when the facility is operating under its startup, shutdown, and
malfunction plan.
(ii) Revise relevant permit conditions . (A) Under this option, the Director will:
( 1 ) Identify a subset of relevant existing permit requirements, or develop alternative permit requirements, that ensure
emissions of toxic compounds are minimized from startup, shutdown, and malfunction events, including releases from
emergency safety vents, based on review of information including the source's startup, shutdown, and malfunction
plan, design, and operating history.
( 2 ) Retain or add these permit requirements to the permit to apply only when the facility is operating under its
startup, shutdown, and malfunction plan.
(B) Changes that may significantly increase emissions . ( 1 ) You must notify the Director in writing of changes to the
startup, shutdown, and malfunction plan or changes to the design of the source that may significantly increase
emissions of toxic compounds from startup, shutdown, or malfunction events, including releases from emergency
safety vents. You must notify the Director of such changes within five days of making such changes. You must
identify in the notification recommended revisions to permit conditions necessary as a result of the changes to ensure
that emissions of toxic compounds are minimized during these events.
( 2 ) The Director may revise permit conditions as a result of these changes to ensure that emissions of toxic
compounds are minimized during startup, shutdown, or malfunction events, including releases from emergency safety
vents either:
(/) Upon permit renewal, or, if warranted;
(//) By modifying the permit under §§270.41 (a) or 270.42.
(iii) Remove permit conditions . Under this option:
(A) The owner or operator must document that the startup, shutdown, and malfunction plan required under
§63.1206(c)(2) of this chapter has been approved by the Administrator under §63.1206(c)(2)(ii)(B) of this chapter;
and
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(B) The Director will remove permit conditions that are no longer applicable according to §§264.340(b) and
266.100(b) of this chapter.
(2) Addressing permit conditions upon permit reissuance. The owner or operator of an incinerator, cement kiln,
lightweight aggregate kiln, solid fuel boiler, liquid fuel boiler, or hydrochloric acid production furnace that has
conducted a comprehensive performance test and submitted to the Administrator a Notification of Compliance
documenting compliance with the standards of part 63, subpart EEE, of this chapter may request in the application to
reissue the permit for the combustion unit that the Director control emissions from startup, shutdown, and malfunction
events under any of the following options:
(i) RCRA option A . (A) Under this option, the Director will:
( 1 ) Include, in the permit, conditions that ensure compliance with §§264.345(a) and 264.345(c) or§§266.102(e)(1)
and 266.102(e)(2)(iii) of this chapter to minimize emissions of toxic compounds from startup, shutdown, and
malfunction events, including releases from emergency safety vents; and
( 2 ) Specify that these permit requirements apply only when the facility is operating under its startup, shutdown, and
malfunction plan.; or
(ii) RCRA option B. (A) Under this option, the Director will:
( 1 ) Include, in the permit conditions, that ensure emissions of toxic compounds are minimized from startup,
shutdown, and malfunction events, including releases from emergency safety vents, based on review of information
including the source's startup, shutdown, and malfunction plan, design, and operating history; and
( 2 ) Specify that these permit requirements apply only when the facility is operating under its startup, shutdown, and
malfunction plan.
(B) Changes that may significantly increase emissions . ( 1 ) You must notify the Director in writing of changes to the
startup, shutdown, and malfunction plan or changes to the design of the source that may significantly increase
emissions of toxic compounds from startup, shutdown, or malfunction events, including releases from emergency
safety vents. You must notify the Director of such changes within five days of making such changes. You must
identify in the notification recommended revisions to permit conditions necessary as a result of the changes to ensure
that emissions of toxic compounds are minimized during these events.
( 2 ) The Director may revise permit conditions as a result of these changes to ensure that emissions of toxic
compounds are minimized during startup, shutdown, or malfunction events, including releases from emergency safety
vents either:
(/) Upon permit renewal, or, if warranted;
(//) By modifying the permit under §§270.41 (a) or 270.42; or
(iii) CAA option . Under this option:
(A) The owner or operator must document that the startup, shutdown, and malfunction plan required under
§63.1206(c)(2) of this chapter has been approved by the Administrator under §63.1206(c)(2)(ii)(B) of this chapter;
and
(B) The Director will omit from the permit conditions that are not applicable under §§264.340(b) and 266.100(b) of this
chapter.
(b) Interim status facilities —(1) Interim status operations. In compliance with §§265.340 and 266.100(b), the owner
or operator of an incinerator, cement kiln, lightweight aggregate kiln, solid fuel boiler, liquid fuel boiler, or hydrochloric
acid production furnace that is operating under the interim status standards of part 265 or 266 of this chapter may
control emissions of toxic compounds during startup, shutdown, and malfunction events under either of the following
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options after conducting a comprehensive performance test and submitting to the Administrator a Notification of
Compliance documenting compliance with the standards of part 63, subpart EEE, of this chapter.
(i) RCRA option . Under this option, the owner or operator continues to comply with the interim status emission
standards and operating requirements of part 265 or 266 of this chapter relevant to control of emissions from startup,
shutdown, and malfunction events. Those standards and requirements apply only during startup, shutdown, and
malfunction events; or
(ii) CAA option . Under this option, the owner or operator is exempt from the interim status standards of part 265 or
266 of this chapter relevant to control of emissions of toxic compounds during startup, shutdown, and malfunction
events upon submission of written notification and documentation to the Director that the startup, shutdown, and
malfunction plan required under §63.1206(c)(2) of this chapter has been approved by the Administrator under
§63.1206(c)(2)(ii)(B) of this chapter.
(2) Operations under a subsequent RCRA permit. When an owner or operator of an incinerator, cement kiln,
lightweight aggregate kiln, solid fuel boiler, liquid fuel boiler, or hydrochloric acid production furnace that is operating
under the interim status standards of parts 265 or 266 of this chapter submits a RCRA permit application, the owner
or operator may request that the Director control emissions from startup, shutdown, and malfunction events under
any of the options provided by paragraphs (a)(2)(i), (a)(2)(ii), or (a)(2)(iii) of this section.
(c) New units. Hazardous waste incinerator, cement kiln, lightweight aggregate kiln, solid fuel boiler, liquid fuel boiler,
or hydrochloric acid production furnace units that become subject to RCRA permit requirements after October 12,
2005 must control emissions of toxic compounds during startup, shutdown, and malfunction events under either of
the following options:
(1) Comply with the requirements specified in §63.1206(c)(2) of this chapter; or
(2) Request to include in the RCRA permit, conditions that ensure emissions of toxic compounds are minimized from
startup, shutdown, and malfunction events, including releases from emergency safety vents, based on review of
information including the source's startup, shutdown, and malfunction plan and design. The director will specify that
these permit conditions apply only when the facility is operating under its startup, shutdown, and malfunction plan.
[67 FR 6817, Feb. 13, 2002, as amended at 70 FR 59578, Oct. 12, 2005]
J— for
Source: 70 FR 53475, Sept. 8, 2005, unless otherwise noted.
•. •. ':." ,<
§ 270.250 What is a RCRA standardized permit?
A RCRA standardized permit (RCRA) is a special type of permit that authorizes you to manage hazardous waste. It is
issued under 40 CFR part 124, subpart G and subpart J of this part.
§ 270.255 Who is eligible for a standardized permit?
(a) You may be eligible for a standardized permit if:
(1) You generate hazardous waste and then store or non-thermally treat the hazardous waste on-site in containers,
tanks, or containment buildings; or
(2) You receive hazardous waste generated off-site by a generator under the same ownership as the receiving
facility, and then store or non-thermally treat the hazardous waste in containers, tanks, or containment buildings.
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(3) We will inform you of your eligibility when we make a decision on your permit application.
(b) [Reserved]
§ 270.260 What requirements of part 270 apply to a standardized permit?
The following subparts and sections of this part 270 apply to a standardized permit:
(a) Subpart A—General Information: All sections.
(b) Subpart B—Permit Application: §§270.10, 270.11, 270.12, 270.13 and 270.29.
(c) Subpart C—Permit Conditions: All sections.
(d) Subpart D—Changes to Permit: §§270.40, 270.41, and 270.43.
(e) Subpart E—Expiration and Continuation of Permits: All sections.
(f) Subpart F—Special Forms of Permits: §270.67.
(g) Subpart G—Interim Status: All sections.
(h) Subpart H—Remedial Action Plans: Does not apply.
(i) Subpart J—Standardized Permits: All sections.
§ 270.270 How do I apply for a standardized permit?
You apply for a standardized permit by following the procedures in 40 CFR part 124, subpart G and this subpart.
§ 270.275 What information must I submit to the permitting agency to support my standardized
permit application?
The information in paragraphs (a) through (j) of this section will be the basis of your standardized permit application.
You must submit it to the Director when you submit your Notice of Intent under 40 CFR 124.202(b) requesting
coverage under a RCRA standardized permit:
(a) The Part A information described in §270.13.
(b) A meeting summary and other materials required by 40 CFR 124.31.
(c) Documentation of compliance with the location standards of 40 CFR 267.18 and §270.14(b)(11).
(d) Information that allows the Director to carry out our obligations under other Federal laws required in §270.3.
(e) Solid waste management unit information required by §270.14(d).
(f) A certification meeting the requirements of §270.280, and an audit of the facility's compliance status with 40 CFR
part 267 as required by §270.280.
(g) A closure plan prepared in accordance with part 267, subpart G.
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(h)The most recent closure cost estimate for your facility prepared under §267.142 and a copy of the documentation
required to demonstrate financial assurance under §267.143. For a new facility, you may gather the required
documentation 60 days before the initial receipt of hazardous wastes.
(i) If you manage wastes generated off-site, the waste analysis plan.
(j) If you manage waste generated from off-site, documentation showing that the waste generator and the off-site
facility are under the same ownership.
§ 270.280 What are the certification requirements?
You must submit a signed certification based on your audit of your facility's compliance with 40 CFR part 267.
(a) Your certification must read: I certify under penalty of law that:
(1)1 have personally examined and am familiar with the report containing the results of an audit conducted of my
facility's compliance status with 40 CFR part 267, which supports this certification. Based on my inquiry of those
individuals immediately responsible for conducting the audit and preparing the report, I believe that my (include
paragraph (a)(1 )(i) and (ii) this section, whichever applies):
(i) My existing facility complies with all applicable requirements of 40 CFR part 267 and will continue to comply until
the expiration of the permit; or
(ii) My facility has been designed, and will be constructed and operated to comply with all applicable requirements of
40 CFR part 267, and will continue to comply until expiration of the permit.
(2) I will make all information that I am required to maintain at my facility by §§270.290 through 277.315 readily
available for review by the permitting agency and the public; and,
(3) I will continue to make all information required by §§270.290 through 277.315 available until the permit expires. I
am aware that there are significant penalties for submitting false information, including the possibility of fine and
imprisonment for knowing violation.
(b) You must sign this certification following the requirements of §270.11(a)(1) through (3).
(c) This certification must be based upon an audit that you conduct of your facility's compliance status with 40 CFR
part 267. A written audit report, signed and certified as accurate by the auditor, must be submitted to the Director with
the 40 CFR 124.202(b) Notice of Intent.
§ 270.290 What general types of information must I keep at my facility?
You must keep the following information at your facility:
(a) A general description of the facility.
(b) Chemical and physical analyses of the hazardous waste and hazardous debris handled at the facility. At a
minimum, these analyses must contain all the information you must know to treat or store the wastes properly under
the requirements of 40 CFR part 267.
(c) A copy of the waste analysis plan required by 40 CFR 267.13(b).
(d) A description of the security procedures and equipment required by 40 CFR 267.14.
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(e) A copy of the general inspection schedule required by 40 CFR 267.15(b). You must include in the inspection
schedule applicable requirements of 40 CFR 267.174, 267.193, 267.195, 264.1033, 264.1052, 264.1053, 264.1058,
and 264.1088.
(f) A justification of any modification of the preparedness and prevention requirements of 40 CFR part 267, subpart C
(§§267.30 to 267.35).
(g) A copy of the contingency plan required by 40 CFR part 267, subpart D.
(h) A description of procedures, structures, or equipment used at the facility to:
(1) Prevent hazards in unloading operations (for example, use ramps, special forklifts),
(2) Prevent runoff from hazardous waste handling areas to other areas of the facility or environment, or to prevent
flooding (for example, with berms, dikes, trenches),
(3) Prevent contamination of water supplies,
(4) Mitigate effects of equipment failure and power outages,
(5) Prevent undue exposure of personnel to hazardous waste (for example, requiring protective clothing), and
(6) Prevent releases to atmosphere,
(i) A description of precautions to prevent accidental ignition or reaction of ignitable, reactive, or incompatible wastes
as required by 40 CFR 267.17.
(j) Traffic pattern, estimated volume (number, types of vehicles) and control (for example, show turns across traffic
lanes, and stacking lanes; describe access road surfacing and load bearing capacity; show traffic control signals).
(k) [Reserved]
(I) An outline of both the introductory and continuing training programs you will use to prepare employees to operate
or maintain your facility safely as required by 40 CFR 267.16. A brief description of how training will be designed to
meet actual job tasks under 40 CFR 267.16(a)(3) requirements.
(m) A copy of the closure plan required by 40 CFR 267.112. Include, where applicable, as part of the plans, specific
requirements in 40 CFR 267.176, 267.201, and 267.1108.
(n) [Reserved]
(o)The most recent closure cost estimate for your facility prepared under 40 CFR 267.142 and a copy of the
documentation required to demonstrate financial assurance under 40 CFR 267.143. Fora new facility, you may
gather the required documentation 60 days before the initial receipt of hazardous wastes.
(p) [Reserved]
(q) Where applicable, a copy of the insurance policy or other documentation that complies with the liability
requirements of 40 CFR 267.147. Fora new facility, documentation showing the amount of insurance meeting the
specification of 40 CFR 267.147(a) that you plan to have in effect before initial receipt of hazardous waste for
treatment or storage.
(r) Where appropriate, proof of coverage by a State financial mechanism, as required by 40 CFR 267.149 or 267.150.
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(s) A topographic map showing a distance of 1,000 feet around your facility at a scale of 2.5 centimeters (1 inch)
equal to not more than 61.0 meters (200 feet). The map must show elevation contours. The contour interval must
show the pattern of surface water flow in the vicinity of and from each operational unit of the facility. For example,
contours with an interval of 1.5 meters (5 feet), if relief is greater than 6.1 meters (20 feet), or an interval of 0.6 meters
(2 feet), if relief is less than 6.1 meters (20 feet). If your facility is in a mountainous area, you should use large contour
intervals to adequately show topographic profiles of facilities. The map must clearly show the following:
(1) Map scale and date.
(2) 100-year flood plain area.
(3) Surface waters including intermittent streams.
(4) Surrounding land uses (residential, commercial, agricultural, recreational).
(5) A wind rose (i.e., prevailing wind-speed and direction).
(6) Orientation of the map (north arrow).
(7) Legal boundaries of your facility site.
(8) Access control (fences, gates).
(9) Injection and withdrawal wells both on-site and off-site.
(10) Buildings; treatment, storage, or disposal operations; or other structure (recreation areas, runoff control systems,
access and internal roads, storm, sanitary, and process sewerage systems, loading and unloading areas, fire control
facilities, etc.)
(11) Barriers for drainage or flood control.
(12) Location of operational units within your facility, where hazardous waste is (or will be) treated or stored. (Include
equipment cleanup areas.)
§ 270.300 What container information must I keep at my facility?
If you store or treat hazardous waste in containers, you must keep the following information at your facility:
(a) A description of the containment system to demonstrate compliance with the container storage area provisions of
40 CFR 267.173. This description must show the following:
(1) Basic design parameters, dimensions, and materials of construction.
(2) How the design promotes drainage or how containers are kept from contact with standing liquids in the
containment system.
(3) Capacity of the containment system relative to the number and volume of containers to be stored.
(4) Provisions for preventing or managing run-on.
(5) How accumulated liquids can be analyzed and removed to prevent overflow.
(b) For storage areas that store containers holding wastes that do not contain free liquids, a demonstration of
compliance with 40 CFR 267.173(c), including:
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(1) Test procedures and results or other documentation or information to show that the wastes do not contain free
liquids.
(2) A description of how the storage area is designed or operated to drain and remove liquids or how containers are
kept from contact with standing liquids.
(c) Sketches, drawings, or data demonstrating compliance with 40 CFR 267.174 (location of buffer zone (15m or 50ft)
and containers holding ignitable or reactive wastes) and 40 CFR 267.175(c) (location of incompatible wastes in
relation to each other), where applicable.
(d) Where incompatible wastes are stored or otherwise managed in containers, a description of the procedures used
to ensure compliance with 40 CFR 267.175(a) and (b), and 267.17(b) and (c).
(e) Information on air emission control equipment as required by §270.315.
§ 270.305 What tank information must I keep at my facility?
If you use tanks to store or treat hazardous waste, you must keep the following information at your facility:
(a) A written assessment that is reviewed and certified by an independent, qualified, registered professional engineer
on the structural integrity and suitability for handling hazardous waste of each tank system, as required under 40 CFR
267.191 and 267.192.
(b) Dimensions and capacity of each tank.
(c) Description of feed systems, safety cutoff, bypass systems, and pressure controls ( e.g., vents).
(d) A diagram of piping, instrumentation, and process flow for each tank system.
(e) A description of materials and equipment used to provide external corrosion protection, as required under 40 CFR
267.191.
(f) For new tank systems, a detailed description of how the tank system(s) will be installed in compliance with 40 CFR
267.192 and 267.194.
(g) Detailed plans and description of how the secondary containment system for each tank system is or will be
designed, constructed, and operated to meet the requirements of 40 CFR 267.195 and 267.196.
(h) [Reserved]
(i) Description of controls and practices to prevent spills and overflows, as required under 40 CFR 267.198.
(j) For tank systems in which ignitable, reactive, or incompatible wastes are to be stored or treated, a description of
how operating procedures and tank system and facility design will achieve compliance with the requirements of 40
CFR 267.202 and 267.203.
(k) Information on air emission control equipment as required by §270.315.
§ 270.310 What equipment information must I keep at my facility?
If your facility has equipment to which 40 CFR part 264, subpart BB applies, you must keep the following information
at your facility:
(a) For each piece of equipment to which 40 CFR part 264 subpart BB applies:
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(1) Equipment identification number and hazardous waste management unit identification.
(2) Approximate locations within the facility (e.g., identify the hazardous waste management unit on a facility plot
plan).
(3) Type of equipment (e.g., a pump or a pipeline valve).
(4) Percent by weight of total organics in the hazardous waste stream at the equipment.
(5) Hazardous waste state at the equipment (e.g., gas/vapor or liquid).
(6) Method of compliance with the standard (e.g., monthly leak detection and repair, or equipped with dual
mechanical seals).
(b) For facilities that cannot install a closed-vent system and control device to comply with 40 CFR part 264, subpart
BB on the effective date that the facility becomes subject to the subpart BB provisions, an implementation schedule
as specified in 40 CFR 264.1033(a)(2).
(c) Documentation that demonstrates compliance with the equipment standards in 40 CFR 264.1052 and 264.1059.
This documentation must contain the records required under 40 CFR 264.1064.
(d) Documentation to demonstrate compliance with 40 CFR 264.1060 must include the following information:
(1) A list of all information references and sources used in preparing the documentation.
(2) Records, including the dates, of each compliance test required by 40 CFR 264.1033(j).
(3) A design analysis, specifications, drawings, schematics, and piping and instrumentation diagrams based on the
appropriate sections of "Course 415: Control of Gaseous Emissions" (incorporated by reference as specified in 40
CFR 260.11) or other engineering texts acceptable to the Director that present basic control device design
information. The design analysis must address the vent stream characteristics and control device operation
parameters as specified in 40 CFR 264.1035(b)(4)(iii).
(4) A statement you signed and dated certifying that the operating parameters used in the design analysis reasonably
represent the conditions that exist when the hazardous waste management unit is operating at the highest load or
capacity level reasonable expected to occur.
(5) A statement you signed and dated certifying that the control device is designed to operate at an efficiency of 95
weight percent or greater.
§ 270.315 What air emissions control information must I keep at my facility?
If you have air emission control equipment subject to 40 CFR part 264, subpart CC, you must keep the following
information at your facility:
(a) Documentation for each floating roof cover installed on a tank subject to 40 CFR 264.1084(d)(1) or (d)(2) that
includes information you prepared or the cover manufacturer/vendor provided describing the cover design, and your
certification that the cover meets applicable design specifications listed in 40 CFR 264.1084(e)(1) or (f)(1).
(b) Identification of each container area subject to the requirements of 40 CFR part 264, subpart CC and your
certification that the requirements of this subpart are met.
(c) Documentation for each enclosure used to control air pollutant emissions from tanks or containers under
requirements of 40 CFR 264.1084(d)(5) or 264.1086(e)(1)(ii). You must include records for the most recent set of
calculations and measurements you performed to verify that the enclosure meets the criteria of a permanent total
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enclosure as specified in "Procedure T—Criteria for and Verification of a Permanent or Temporary Total Enclosure"
under 40 CFR 52.741, appendix B.
(d) [Reserved]
(e) Documentation for each closed-vent system and control device installed under requirements of 40 CFR 264.1087
that includes design and performance information as specified in §270.24 (c) and (d).
(f) An emission monitoring plan for both Method 21 in 40 CFR part 60, appendix A and control device monitoring
methods. This plan must include the following information: monitoring point(s), Monitoring methods for control
devices, monitoring frequency, procedures for documenting exceedences, and procedures for mitigating
noncompliances.
§ 270.320 How do I modify my RCRA standardized permit?
You can modify your RCRA standardized permit by following the procedures found in 40 CFR 124.211 through
124.214.
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Appendix F: Part 124
Regulations
Procedures for Decisionmaking
6/8/2011
US-EPA
Version 1
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of
Part 124 Regulations - Procedures for Decisionmaking 1
Subpart A—General Program Requirements 1
Subpart B—Specific Procedures Applicable to RCRA Permits 16
Subpart C—Specific Procedures Applicable to PSD Permits 19
Subpart D—Specific Procedures Applicable to NPDES Permits 20
Subparts E—F [Reserved] 27
Subpart G—Procedures for RCRA Standardized Permit 27
General Information About Standardized Permits 27
Applying fora Standardized Permit 27
Issuing a Standardized Permit 28
Opportunities for Public Involvement in the Standardized Permit Process 30
Maintaining a Standardized Permit 32
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Part 124 Regulations - Procedures for Decisionmaking
Authority: Resource Conservation and Recovery Act, 42 U.S.C. 6901 et seq. ; Safe Drinking Water Act,
42 U.S.C. 300f et seq. ; Clean Water Act, 33 U.S.C. 1251 et seq. ; Clean Air Act, 42 U.S.C. 7401 et seq.
Source: 48 FR 14264, Apr. 1, 1983, unless otherwise noted.
Subpart A—General Program Requirements
§ 124.1 Purpose and scope.
(a) This part contains EPA procedures for issuing, modifying, revoking and reissuing, or terminating all RCRA, UIC, PSD and
NPDES "permits" (including "sludge-only" permits issued pursuant to §122.1(b)(2) of this chapter. The latter kinds of permits are
governed by part 270. RCRA interim status and UIC authorization by rule are not "permits" and are covered by specific provisions in
parts 144, subpart C, and 270. This part also does not apply to permits issued, modified, revoked and reissued or terminated by the
Corps of Engineers. Those procedures are specified in 33 CFR parts 320-327. The procedures of this part also apply to denial of a
permit for the active life of a RCRA hazardous waste management facility or unit under §270.29.
(b) Part 124 is organized into five subparts. Subpart A contains general procedural requirements applicable to all permit programs
covered by these provisions. Subparts B through D and Subpart G supplement these general provisions with requirements that
apply to only one or more of the programs. Subpart A describes the steps EPA will follow in receiving permit applications, preparing
draft permits, issuing public notice, inviting public comment and holding public hearings on draft permits. Subpart A also covers
assembling an administrative record, responding to comments, issuing a final permit decision, and allowing for administrative appeal
of the final permit decisions. Subpart B contains public participation requirements applicable to all RCRA hazardous waste
management facilities. Subpart C contains definitions and specific procedural requirements for PSD permits. Subpart D contains
specific procedural requirements for NPDES permits. Subpart G contains specific procedural requirements for RCRA standardized
permits, which, in some instances, change how the General Program Requirements of subpart A apply in the context of the RCRA
standardized permit.
(c) Part 124 offers an opportunity for public hearings (see §124.12).
(d) This part is designed to allow permits for a given facility under two or more of the listed programs to be processed separately or
together at the choice of the Regional Administrator. This allows EPA to combine the processing of permits only when appropriate,
and not necessarily in all cases. The Regional Administrator may consolidate permit processing when the permit applications are
submitted, when draft permits are prepared, or when final permit decisions are issued. This part also allows consolidated permits to
be subject to a single public hearing under §124.12. Permit applicants may recommend whether or not their applications should be
consolidated in any given case.
(e) Certain procedural requirements set forth in part 124 must be adopted by States in order to gain EPA approval to operate RCRA,
UIC, NPDES, and 404 permit programs. These requirements are listed in §§123.25 (NPDES), 145.11 (UIC), 233,26 (404), and
271.14 (RCRA) and signaled by the following words at the end of the appropriate part 124 section or paragraph heading: (
applicable to State programs see §§123.25 (NPDES), 145.11 (UIC), 233.26 (404), and 271.14 (RCRA) ). Part 124 does not apply to
PSD permits issued by an approved State.
(f) To coordinate decisionmaking when different permits will be issued by EPA and approved State programs, this part allows
applications to be jointly processed, joint comment periods and hearings to be held, and final permits to be issued on a cooperative
basis whenever EPA and a State agree to take such steps in general or in individual cases. These joint processing agreements may
be provided in the Memorandum of Agreement developed under §§123.24 (NPDES), 145.24 (UIC), 233.24(404), and 271.8
(RCRA).
[48 FR 14264, Apr. 1, 1983, as amended at 54 FR 9607, Mar. 7, 1989; 54 FR 18785, May 2, 1989; 65 FR 30910, May 15, 2000; 70
FR 53448, Sept. 8, 2005]
§124.2 Definitions.
(a) In addition to the definitions given in §§122.2 and 123.2 (NPDES), 501.2 (sludge management), 144.3 and 145.2 (UIC), 233.3
(404), and 270.2 and 271.2 (RCRA), the definitions below apply to this part, except for PSD permits which are governed by the
definitions in §124.41. Terms not defined in this section have the meaning given by the appropriate Act.
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Administrator means the Administrator of the U.S. Environmental Protection Agency, or an authorized representative.
Application means the EPA standard national forms for applying for a permit, including any additions, revisions or modifications to
the forms; or forms approved by EPA for use in "approved States," including any approved modifications or revisions. For RCRA,
application also includes the information required by the Director under §§270.14 through 270.29 [contents of Part B of the RCRA
application].
Appropriate Act and regulations means the Clean Water Act (CWA); the Solid Waste Disposal Act, as amended by the Resource
Conservation Recovery Act (RCRA); or Safe Drinking Water Act (SDWA), whichever is applicable; and applicable regulations
promulgated under those statutes. In the case of an "approved State program" appropriate Act and regulations includes program
requirements.
CWA means the Clean Water Act (formerly referred to as the Federal Water Pollution Control Act of Federal Pollution Control Act
Amendments of 1972) Public Law 92-500, as amended by Public Law 95-217 and Public Law 95-576; 33 U.S.C. 1251 etseq.
Director means the Regional Administrator, the State director or the Tribal director as the context requires, or an authorized
representative. When there is no approved State or Tribal program, and there is an EPA administered program, Director means the
Regional Administrator. When there is an approved State or Tribal program, "Director" normally means the State or Tribal director.
In some circumstances, however, EPA retains the authority to take certain actions even when there is an approved State or Tribal
program. (For example, when EPA has issued an NPDES permit prior to the approval of a State program, EPA may retain
jurisdiction over that permit after program approval; see §123.1) In such cases, the term "Director" means the Regional
Administrator and not the State or Tribal director.
Draft permit means a document prepared under §124.6 indicating the Director's tentative decision to issue or deny, modify, revoke
and reissue, terminate, or reissue a "permit." A notice of intent to terminate a permit and a notice of intent to deny a permit as
discussed in §124.5, are types of "draft permits." A denial of a request for modification, revocation and reissuance or termination, as
discussed in §124.5, is not a "draft permit." A "proposal permit" is not a "draft permit."
Environmental Appeals Board shall mean the Board within the Agency described in §1.25(e) of this title. The Administrator
delegates authority to the Environmental Appeals Board to issue final decisions in RCRA, PSD, UIC, or NPDES permit appeals filed
under this subpart, including informal appeals of denials of requests for modification, revocation and reissuance, or termination of
permits under Section 124.5(b). An appeal directed to the Administrator, rather than to the Environmental Appeals Board, will not be
considered. This delegation does not preclude the Environmental Appeals Board from referring an appeal or a motion under this
subpart to the Administrator when the Environmental Appeals Board, in its discretion, deems it appropriate to do so. When an
appeal or motion is referred to the Administrator by the Environmental Appeals Board, all parties shall be so notified and the rules in
this subpart referring to the Environmental Appeals Board shall be interpreted as referring to the Administrator.
EPA ("EPA") means the United States "Environmental Protection Agency."
Facility or activity means any "HWM facility," UIC "injection well," NPDES "point source" or "treatment works treating domestic
sewage" or State 404 dredge or fill activity, or any other facility or activity (including land or appurtenances thereto) that is subject to
regulation under the RCRA, UIC, NPDES, or 404 programs.
Federal Indian reservation (in the case of NPDES) means all land within the limits of any Indian reservation under the jurisdiction of
the United States Government, notwithstanding the issuance of any patent, and including rights-of-way running through the
reservation.
General permit (NPDES and 404) means an NPDES or 404 "permit" authorizing a category of discharges or activities under the
CWA within a geographical area. For NPDES, a general permit means a permit issued under §122.28. For 404, a general permit
means a permit issued under §233.37.
Indian Tribe means (in the case of UIC) any Indian Tribe having a federally recognized governing body carrying out substantial
governmental duties and powers over a defined area. For the NPDES program, the term "Indian Tribe" means any Indian Tribe,
band, group, or community recognized by the Secretary of the Interior and exercising governmental authority over a Federal Indian
reservation.
Interstate agency means an agency of two or more States established by or under an agreement or compact approved by the
Congress, or any other agency of two or more States having substantial powers or duties pertaining to the control of pollution as
determined and approved by the Administrator under the "appropriate Act and regulations."
Major facility means any RCRA, UIC, NPDES, or 404 "facility or activity" classified as such by the Regional Administrator, or, in the
case of "approved State programs," the Regional Administrator in conjunction with the State Director.
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Owner or operator means owner or operator of any "facility or activity" subject to regulation under the RCRA, UIC, NPDES, or 404
programs.
Permit means an authorization, license or equivalent control document issued by EPA or an "approved State" to implement the
requirements of this part and parts 122, 123, 144, 145, 233, 270, and 271 of this chapter. "Permit" includes RCRA "permit by rule"
(§270.60), RCRA standardized permit (§270.67), UIC area permit (§144.33), NPDES or 404 "general permit" (§§270.61, 144.34,
and 233.38). Permit does not include RCRA interim status (§270.70), UIC authorization by rule (§144.21), or any permit which has
not yet been the subject of final agency action, such as a "draft permit" or a "proposed permit."
Person means an individual, association, partnership, corporation, municipality, State, Federal, or Tribal agency, or an agency or
employee thereof.
RCRA means the Solid Waste Disposal Act as amended by the Resource Conservation and Recovery Act of 1976 (Pub. L. 94-580,
as amended by Pub. L. 95-609, 42 U.S.C. 6901 et seq).
Regional Administrator means the Regional Administrator of the appropriate Regional Office of the Environmental Protection
Agency or the authorized representative of the Regional Administrator.
Schedule of compliance means a schedule of remedial measures included in a "permit," including an enforceable sequence of
interim requirements (for example, actions, operations, or milestone events) leading to compliance with the "appropriate Act and
regulations."
SDWA means the Safe Drinking Water Act (Pub. L. 95-523, as amended by Pub. L. 95-1900; 42 U.S.C. 300f et seq).
Section 404 program or State 404 program or 404 means an "approved State program" to regulate the "discharge of dredged
material" and the "discharge of fill material" under section 404 of the Clean Water Act in "State regulated waters."
Site means the land or water area where any "facility or activity" is physically located or conducted, including adjacent land used in
connection with the facility or activity.
Standardized permit means a RCRA permit authorizing management of hazardous waste issued under subpart G of this part and
part 270, subpart J. The standardized permit may have two parts: A uniform portion issued in all cases and a supplemental portion
issued at the Director's discretion.
State means one of the States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands,
Guam, American Samoa, the Trust Territory of the Pacific Islands (except in the case of RCRA), the Commonwealth of the Northern
Mariana Islands, or an Indian Tribe that meets the statutory criteria which authorize EPA to treat the Tribe in a manner similar to that
in which it treats a State (except in the case of RCRA).
State Director means the chief administrative officer of any State, interstate, or Tribal agency operating an approved program, or the
delegated representative of the State director. If the responsibility is divided among two or more States, interstate, or Tribal
agencies, "State Director" means the chief administrative officer of the State, interstate, or Tribal agency authorized to perform the
particular procedure or function to which reference is made.
State Director means the chief administrative officer of any State or interstate agency operating an "approved program," or the
delegated representative of the state Director. If responsibility is divided among two or more State or interstate agencies, "State
Director" means the chief administrative officer of the State or interstate agency authorized to perform the particular procedure or
function to which reference is made.
UIC means the Underground Injection Control program under Part C of the Safe Drinking Water Act, including an "approved
program."
(b) For the purposes of part 124, the term Director means the State Director or Regional Administrator and is used when the
accompanying provision is required of EPA-administered programs and of State programs under §§123.25 (NPDES), 145.11 (UIC),
233.26 (404), and 271.14 (RCRA). The term Regional Administrator is used when the accompanying provision applies exclusively to
EPA-issued permits and is not applicable to State programs under these sections. While States are not required to implement these
latter provisions, they are not precluded from doing so, notwithstanding use of the term "Regional Administrator."
[48 FR 14264, Apr. 1, 1983; 48 FR 30115, June 30, 1983, as amended at 49 FR 25981, June 25, 1984; 53 FR 37410, Sept. 26,
1988; 54 FR 18785, May 2, 1989; 57 FR 5335, Feb. 13, 1992; 57 FR 60129, Dec. 18, 1992; 58 FR 67983, Dec. 22, 1993; 59 FR
64343, Dec. 14, 1994; 65 FR 30910, May 15, 2000; 70 FR 53449, Sept. 8, 2005]
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§ 124.3 Application for a permit.
(a) Applicable to State programs, see §§123.25 (NPDES), 145.11 (UIC), 233.26(404), and 271.14 (RCRA). (1) Any person who
requires a permit under the RCRA, UIC, NPDES, or PSD programs shall complete, sign, and submit to the Director an application
for each permit required under §§270.1 (RCRA), 144.1 (UIC), 40 CFR 52.21 (PSD), and 122.1 (NPDES). Applications are not
required for RCRA permits by rule (§270.60), underground injections authorized by rules (§§144.21 through 144.26), NPDES
general permits (§122.28) and 404 general permits (§233.37).
(2) The Director shall not begin the processing of a permit until the applicant has fully complied with the application requirements for
that permit. See §§270.10, 270.13 (RCRA), 144.31 (UIC), 40 CFR 52.21 (PSD), and 122.21 (NPDES).
(3) Permit applications (except for PSD permits) must comply with the signature and certification requirements of §§122.22
(NPDES), 144.32 (UIC), 233.6 (404), and 270.11 (RCRA).
(b) [Reserved]
(c) The Regional Administrator shall review for completeness every application for an EPA-issued permit. Each application for an
EPA-issued permit submitted by a new HWM facility, a new UIC injection well, a major PSD stationary source or major PSD
modification, or an NPDES new source or NPDES new discharger should be reviewed for completeness by the Regional
Administrator within 30 days of its receipt. Each application for an EPA-issued permit submitted by an existing HWM facility (both
Parts A and B of the application), existing injection well or existing NPDES source or sludge-only facility should be reviewed for
completeness within 60 days of receipt. Upon completing the review, the Regional Administrator shall notify the applicant in writing
whether the application is complete. If the application is incomplete, the Regional Administrator shall list the information necessary
to make the application complete. When the application is for an existing HWM facility, an existing UIC injection well or an existing
NPDES source or "sludge-only facility" the Regional Administrator shall specify in the notice of deficiency a date for submitting the
necessary information. The Regional Administrator shall notify the applicant that the application is complete upon receiving this
information. After the application is completed, the Regional Administrator may request additional information from an applicant but
only when necessary to clarify, modify, or supplement previously submitted material. Requests for such additional information will
not render an application incomplete.
(d) If an applicant fails or refuses to correct deficiencies in the application, the permit may be denied and appropriate enforcement
actions may be taken under the applicable statutory provision including RCRA section 3008, SDWA sections 1423 and 1424, CAA
section 167, and CWA sections 308, 309, 402(h), and 402(k).
(e) If the Regional Administrator decides that a site visit is necessary for any reason in conjunction with the processing of an
application, he or she shall notify the applicant and a date shall be scheduled.
(f) The effective date of an application is the date on which the Regional Administrator notifies the applicant that the application is
complete as provided in paragraph (c) of this section.
(g) For each application from a major new HWM facility, major new UIC injection well, major NPDES new source, major NPDES
new discharger, or a permit to be issued under provisions of §122.28(c), the Regional Administrator shall, no later than the effective
date of the application, prepare and mail to the applicant a project decision schedule. (This paragraph does not apply to PSD
permits.) The schedule shall specify target dates by which the Regional Administrator intends to:
(1) Prepare a draft permit;
(2) Give public notice;
(3) Complete the public comment period, including any public hearing; and
(4) Issue a final permit.
(Clean Water Act (33 U.S.C. 1251 etseq.), Safe Drinking Water Act (42 U.S.C. 300f etseq.), Clean Air Act (42 U.S.C. 7401 etseq.
), Resource Conservation and Recovery Act (42 U.S.C. 6901 etseq.))
[48 FR 14264, Apr. 1, 1983, as amended at 48 FR 39620, Sept. 1, 1983; 54 FR 18785, May 2, 1989; 65 FR 30910, May 15, 2000]
§ 124.4 Consolidation of permit processing.
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(a)(1) Whenever a facility or activity requires a permit under more than one statute covered by these regulations, processing of two
or more applications for those permits may be consolidated. The first step in consolidation is to prepare each draft permit at the
same time.
(2) Whenever draft permits are prepared at the same time, the statements of basis (required under §124.7 for EPA-issued permits
only) or fact sheets (§124.8), administrative records (required under §124.9 for EPA-issued permits only), public comment periods
(§124.10), and any public hearings (§124.12) on those permits should also be consolidated. The final permits may be issued
together. They need not be issued together if in the judgment of the Regional Administrator or State Director(s), joint processing
would result in unreasonable delay in the issuance of one or more permits.
(b) Whenever an existing facility or activity requires additional permits under one or more of the statutes covered by these
regulations, the permitting authority may coordinate the expiration date(s) of the new permit(s) with the expiration date(s) of the
existing permit(s) so that all permits expire simultaneously. Processing of the subsequent applications for renewal permits may then
be consolidated.
(c) Processing of permit applications under paragraph (a) or (b) of this section may be consolidated as follows:
(1) The Director may consolidate permit processing at his or her discretion whenever a facility or activity requires all permits either
from EPA or from an approved State.
(2) The Regional Administrator and the State Director(s) may agree to consolidate draft permits whenever a facility or activity
requires permits from both EPA and an approved State.
(3) Permit applicants may recommend whether or not the processing of their applications should be consolidated.
(d) [Reserved]
(e) Except with the written consent of the permit applicant, the Regional Administrator shall not consolidate processing a PSD permit
with any other permit under paragraph (a) or (b) of this section when to do so would delay issuance of the PSD permit more than
one year from the effective date of the application under §124.3(f).
[48 FR 14264, Apr. 1, 1983, as amended at 65 FR 30910, May 15, 2000]
§ 124.5 Modification, revocation and reissuance, or termination of permits.
(a) (Applicable to State programs, see §§123.25 (NPDES), 145.11 (UIC), 233.26(404), and 271.14 (RCRA). ) Permits (other than
PSD permits) may be modified, revoked and reissued, or terminated either at the request of any interested person (including the
permittee) or upon the Director's initiative. However, permits may only be modified, revoked and reissued, or terminated for the
reasons specified in §122.62 or §122.64 (NPDES), 144.39 or 144.40 (UIC), 233.14 or 233.15 (404), and 270.41 or 270.43 (RCRA).
All requests shall be in writing and shall contain facts or reasons supporting the request.
(b) If the Director decides the request is not justified, he or she shall send the requester a brief written response giving a reason for
the decision. Denials of requests for modification, revocation and reissuance, or termination are not subject to public notice,
comment, or hearings. Denials by the Regional Administrator may be informally appealed to the Environmental Appeals Board by a
letter briefly setting forth the relevant facts. The Environmental Appeals Board may direct the Regional Administrator to begin
modification, revocation and reissuance, or termination proceedings under paragraph (c) of this section. The appeal shall be
considered denied if the Environmental Appeals Board takes no action on the letter within 60 days after receiving it. This informal
appeal is, under 5 U.S.C. 704, a prerequisite to seeking judicial review of EPA action in denying a request for modification,
revocation and reissuance, or termination.
(c) (Applicable to State programs, see 40 CFR 123.25 (NPDES), 145.11 (UIC), 233.26 (404), and 271.14 (RCRA) ). (1) If the
Director tentatively decides to modify or revoke and reissue a permit under 40 CFR 122.62 (NPDES), 144.39 (UIC), 233.14(404), or
270.41 (other than §270.41 (b)(3)) or §270.42(c) (RCRA), he or she shall prepare a draft permit under §124.6 incorporating the
proposed changes. The Director may request additional information and, in the case of a modified permit, may require the
submission of an updated application. In the case of revoked and reissued permits, other than under 40 CFR 270.41(b)(3), the
Director shall require the submission of a new application. In the case of revoked and reissued permits under 40 CFR 270.41 (b)(3),
the Director and the permittee shall comply with the appropriate requirements in 40 CFR part 124, subpart G for RCRA standardized
permits.
(2) In a permit modification under this section, only those conditions to be modified shall be reopened when a new draft permit is
prepared. All other aspects of the existing permit shall remain in effect for the duration of the unmodified permit. When a permit is
revoked and reissued under this section, the entire permit is reopened just as if the permit had expired and was being reissued.
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During any revocation and reissuance proceeding the permittee shall comply with all conditions of the existing permit until a new
final permit is reissued.
(3) "Minor modifications" as defined in §§122.63 (NPDES), 144.41 (UIC), and 233.16 (404), and "Classes 1 and 2 modifications" as
defined in §270.42 (a) and (b) (RCRA) are not subject to the requirements of this section.
(d) ( Applicable to State programs, see §§123.25 (NPDES) of this chapter, 145.11 (UIC) of this chapter, and 271.14 (RCRA) of this
chapter.) (1) If the Director tentatively decides to terminate: A permit under §144.40 (UIC) of this chapter, a permit under
§§122.64(a) (NPDES) of this chapter or 270.43 (RCRA) of this chapter (for EPA-issued NPDES permits, only at the request of the
permittee), or a permit under §122.64(b) (NPDES) of this chapter where the permittee objects, he or she shall issue a notice of
intent to terminate. A notice of intent to terminate is a type of draft permit which follows the same procedures as any draft permit
prepared under §124.6 of this chapter.
(2) For EPA-issued NPDES or RCRA permits, if the Director tentatively decides to terminate a permit under §122.64(a) (NPDES) of
this chapter, other than at the request of the permittee, or decides to conduct a hearing under section 3008 of RCRA in connection
with the termination of a RCRA permit, he or she shall prepare a complaint under 40 CFR 22.13 and 22.44 of this chapter. Such
termination of NPDES and RCRA permits shall be subject to the procedures of part 22 of this chapter.
(3) In the case of EPA-issued permits, a notice of intent to terminate or a complaint shall not be issued if the Regional Administrator
and the permittee agree to termination in the course of transferring permit responsibility to an approved State under §§123.24(b)(1)
(NPDES) of this chapter, 145.25(b)(1) (UIC) of this chapter, 271.8(b)(6) (RCRA) of this chapter, or 501.14(b)(1) (sludge) of this
chapter. In addition, termination of an NPDES permit for cause pursuant to §122.64 of this chapter may be accomplished by
providing written notice to the permittee, unless the permittee objects.
(e) When EPA is the permitting authority, all draft permits (including notices of intent to terminate) prepared under this section shall
be based on the administrative record as defined in §124.9.
(f) ( Applicable to State programs, see §233.26 (404).) Any request by the permittee for modification to an existing 404 permit (other
than a request for a minor modification as defined in §233.16 (404)) shall be treated as a permit application and shall be processed
in accordance with all requirements of §124.3.
(g)(1) (Reserved for PSD Modification Provisions).
(2) PSD permits may be terminated only by rescission under §52.21 (w) or by automatic expiration under §52.21 (r). Applications for
rescission shall be precessed under §52.21 (w) and are not subject to this part.
[48 FR 14264, Apr. 1, 1983, as amended at 53 FR 37934, Sept. 28, 1988; 54 FR 18785, May 2, 1989; 57 FR 60129, Dec. 18, 1992;
65 FR 30910, May 15, 2000; 70 FR 53449, Sept. 8, 2005]
§124.6 Draft permits.
(a) (Applicable to State programs, see §§123.25 (NPDES), 145.11 (UIC), 233.26(404), and 271.14 (RCRA). ) Once an application
is complete, the Director shall tentatively decide whether to prepare a draft permit (except in the case of State section 404 permits
for which no draft permit is required under §233.39) or to deny the application.
(b) If the Director tentatively decides to deny the permit application, he or she shall issue a notice of intent to deny. A notice of intent
to deny the permit application is a type of draft permit which follows the same procedures as any draft permit prepared under this
section. See §124.6(e). If the Director's final decision (§124.15) is that the tentative decision to deny the permit application was
incorrect, he or she shall withdraw the notice of intent to deny and proceed to prepare a draft permit under paragraph (d) of this
section.
(c) (Applicable to State programs, see §§123.25 (NPDES) and 233.26 (404). ) If the Director tentatively decides to issue an NPDES
or 404 general permit, he or she shall prepare a draft general permit under paragraph (d) of this section.
(d) ( Applicable to State programs, see §§123.25 (NPDES), 145.11 (UIC), 233.26 (404), and 271.14 (RCRA).) If the Director
decides to prepare a draft permit, he or she shall prepare a draft permit that contains the following information:
(1) All conditions under §§122.41 and 122.43 (NPDES), 144.51 and 144.42 (UIC, 233.7 and 233.8 (404, or 270.30 and 270.32
(RCRA) (except for PSD permits)));
(2) All compliance schedules under §§122.47 (NPDES), 144.53 (UIC), 233.10 (404), or 270.33 (RCRA) (except for PSD permits);
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(3) All monitoring requirements under §§122.48 (NPDES), 144.54 (UIC), 233.11 (404), or 270.31 (RCRA) (except for PSD permits);
and
(4) For:
(i) RCRA permits, standards for treatment, storage, and/or disposal and other permit conditions under §270.30;
(ii) UIC permits, permit conditions under §144.52;
(iii) PSD permits, permit conditions under 40 CFR §52.21;
(iv) 404 permits, permit conditions under §§233.7 and 233.8;
(v) NPDES permits, effluent limitations, standards, prohibitions, standards for sewage sludge use or disposal, and conditions under
§§122.41, 122.42, and 122.44, including when applicable any conditions certified by a State agency under §124.55, and all
variances that are to be included under §124.63.
(e) ( Applicable to State programs, see §§123.25 (NPDES), 145.11 (UIC), 233.26 (404), and 271.14 (RCRA). ) All draft permits
prepared by EPA under this section shall be accompanied by a statement of basis (§124.7) or fact sheet (§124.8), and shall be
based on the administrative record (§124.9), publicly noticed (§124.10) and made available for public comment (§124.11). The
Regional Administrator shall give notice of opportunity for a public hearing (§124.12), issue a final decision (§124.15) and respond to
comments (§124.17). For RCRA, UIC or PSD permits, an appeal may betaken under §124.19 and, for NPDES permits, an appeal
may be taken under §124.74. Draft permits prepared by a State shall be accompanied by a fact sheet if required under §124.8.
[48 FR 14264, Apr. 1, 1983, as amended at 54 FR 18785, May 2, 1989; 65 FR 30910, May 15, 2000]
§ 124.7 Statement of basis.
EPA shall prepare a statement of basis for every draft permit for which a fact sheet under §124.8 is not prepared. The statement of
basis shall briefly describe the derivation of the conditions of the draft permit and the reasons for them or, in the case of notices of
intent to deny or terminate, reasons supporting the tentative decision. The statement of basis shall be sent to the applicant and, on
request, to any other person.
§124.8 Fact sheet.
(Applicable to State programs, see §§123.25 (NPDES), 145.11 (UIC), 233.26 (404), and 271.14 (RCRA).)
(a) A fact sheet shall be prepared for every draft permit for a major HWM, UIC, 404, or NPDES facility or activity, for every Class I
sludge management facility, for every 404 and NPDES general permit (§§237.37 and 122.28), for every NPDES draft permit that
incorporates a variance or requires an explanation under §124.56(b), for every draft permit that includes a sewage sludge land
application plan under 40 CFR 501.15(a)(2)(ix), and for every draft permit which the Director finds is the subject of wide-spread
public interest or raises major issues. The fact sheet shall briefly set forth the principal facts and the significant factual, legal,
methodological and policy questions considered in preparing the draft permit. The Director shall send this fact sheet to the applicant
and, on request, to any other person.
(b) The fact sheet shall include, when applicable:
(1) A brief description of the type of facility or activity which is the subject of the draft permit;
(2) The type and quantity of wastes, fluids, or pollutants which are proposed to be or are being treated, stored, disposed of, injected,
emitted, or discharged.
(3) For a PSD permit, the degree of increment consumption expected to result from operation of the facility or activity.
(4) A brief summary of the basis for the draft permit conditions including references to applicable statutory or regulatory provisions
and appropriate supporting references to the administrative record required by §124.9 (for EPA-issued permits);
(5) Reasons why any requested variances or alternatives to required standards do or do not appear justified;
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(6) A description of the procedures for reaching a final decision on the draft permit including:
(i) The beginning and ending dates of the comment period under §124.10 and the address where comments will be received;
(ii) Procedures for requesting a hearing and the nature of that hearing; and
(iii) Any other procedures by which the public may participate in the final decision.
(7) Name and telephone number of a person to contact for additional information.
(8) For NPDES permits, provisions satisfying the requirements of §124.56.
(9) Justification for waiver of any application requirements under §122.21 (j) or (q) of this chapter.
[48 FR 14264, Apr. 1, 1983, as amended at 54 FR 18786, May 2, 1989; 64 FR 42470, Aug. 4, 1999]
§ 124.9 Administrative record for draft permits when EPA is the permitting authority.
(a) The provisions of a draft permit prepared by EPA under §124.6 shall be based on the administrative record defined in this
section.
(b) For preparing a draft permit under §124.6, the record shall consist of:
(1) The application, if required, and any supporting data furnished by the applicant;
(2) The draft permit or notice of intent to deny the application or to terminate the permit;
(3) The statement of basis (§124.7) or fact sheet (§124.8);
(4) All documents cited in the statement of basis or fact sheet; and
(5) Other documents contained in the supporting file for the draft permit.
(6) For NPDES new source draft permits only, any environmental assessment, environmental impact statement (EIS), finding of no
significant impact, or environmental information document and any supplement to an EIS that may have been prepared. NPDES
permits other than permits to new sources as well as all RCRA, UIC and PSD permits are not subject to the environmental impact
statement provisions of section 102(2)(C) of the National Environmental Policy Act, 42U.S.C. 4321.
(c) Material readily available at the issuing Regional Office or published material that is generally available, and that is included in
the administrative record under paragraphs (b) and (c) of this section, need not be physically included with the rest of the record as
long as it is specifically referred to in the statement of basis or the fact sheet.
(d) This section applies to all draft permits when public notice was given after the effective date of these regulations.
§ 124.10 Public notice of permit actions and public comment period.
(a) Scope. (1) The Director shall give public notice that the following actions have occurred:
(i) A permit application has been tentatively denied under §124.6(b);
(ii) (Applicable to State programs, see §§123.25 (NPDES), 145.11 (UIC), 233.26 (404), and 271.14 (RCRA).) A draft permit has
been prepared under §124.6(d);
(iii) ( Applicable to State programs, see §§123.25 (NPDES), 145.11 (UIC), 233.26 (404) and 271.14 (RCRA)). ) A hearing has been
scheduled under §124.12;
(iv) An appeal has been granted under §124.19(c);
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(v) ( Applicable to State programs, see §233.26 (404). ) A State section 404 application has been received in cases when no draft
permit will be prepared (see §233.39); or
(vi) An NPDES new source determination has been made under §122.29.
(2) No public notice is required when a request for permit modification, revocation and reissuance, or termination is denied under
§124.5(b). Written notice of that denial shall be given to the requester and to the permittee.
(3) Public notices may describe more than one permit or permit actions.
(b) Timing (applicable to State programs, see §§123.25 (NPDES), 145.11 (UIC), 233.26 (404, and 271.14 (RCRA)). (1) Public notice
of the preparation of a draft permit (including a notice of intent to deny a permit application) required under paragraph (a) of this
section shall allow at least 30 days for public comment. For RCRA permits only, public notice shall allow at least 45 days for public
comment. For EPA-issued permits, if the Regional Administrator determines under 40 CFR part 6, subpart F that an Environmental
Impact Statement (EIS) shall be prepared for an NPDES new source, public notice of the draft permit shall not be given until after a
draft EIS is issued.
(2) Public notice of a public hearing shall be given at least 30 days before the hearing. (Public notice of the hearing may be given at
the same time as public notice of the draft permit and the two notices may be combined.)
(c) Methods (applicable to State programs, see 40 CFR 123.25 (NPDES), 145.11 (UIC), 233.23 (404), and 271.14 (RCRA)). Public
notice of activities described in paragraph (a)(1) of this section shall be given by the following methods:
(1) By mailing a copy of a notice to the following persons (any person otherwise entitled to receive notice under this paragraph may
waive his or her rights to receive notice for any classes and categories of permits);
(i) The applicant (except for NPDES and 404 general permits when there is no applicant);
(ii) Any other agency which the Director knows has issued or is required to issue a RCRA, UIC, PSD (or other permit under the
Clean Air Act), NPDES, 404, sludge management permit, or ocean dumping permit under the Marine Research Protection and
Sanctuaries Act for the same facility or activity (including EPA when the draft permit is prepared by the State);
(iii) Federal and State agencies with jurisdiction over fish, shellfish, and wildlife resources and over coastal zone management plans,
the Advisory Council on Historic Preservation, State Historic Preservation Officers, including any affected States (Indian Tribes).
(For purposes of this paragraph, and in the context of the Underground Injection Control Program only, the term State includes
Indian Tribes treated as States.)
(iv) For NPDES and 404 permits only, any State agency responsible for plan development under CWA section 208(b)(2), 208(b)(4)
or 303(e) and the U.S. Army Corps of Engineers, the U.S. Fish and Wildlife Service and the National Marine Fisheries Service;
(v) For NPDES permits only, any user identified in the permit application of a privately owned treatment works;
(vi) For 404 permits only, any reasonably ascertainable owner of property adjacent to the regulated facility or activity and the
Regional Director of the Federal Aviation Administration if the discharge involves the construction of structures which may affect
aircraft operations or for purposes associated with seaplane operations;
(vii) For PSD permits only, affected State and local air pollution control agencies, the chief executives of the city and county where
the major stationary source or major modification would be located, any comprehensive regional land use planning agency and any
State, Federal Land Manager, or Indian Governing Body whose lands may be affected by emissions from the regulated activity;
(viii) For Class I injection well UIC permits only, state and local oil and gas regulatory agencies and state agencies regulating
mineral exploration and recovery;
(ix) Persons on a mailing list developed by:
(A) Including those who request in writing to be on the list;
(B) Soliciting persons for "area lists" from participants in past permit proceedings in that area; and
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(C) Notifying the public of the opportunity to be put on the mailing list through periodic publication in the public press and in such
publications as Regional and State funded newsletters, environmental bulletins, or State law journals. (The Director may update the
mailing list from time to time by requesting written indication of continued interest from those listed. The Director may delete from the
list the name of any person who fails to respond to such a request.)
(x)(A) To any unit of local government having jurisdiction over the area where the facility is proposed to be located; and (B) to each
State agency having any authority under State law with respect to the construction or operation of such facility.
(xi) For Class VI injection well UIC permits, mailing or e-mailing a notice to State and local oil and gas regulatory agencies and State
agencies regulating mineral exploration and recovery, the Director of the Public Water Supply Supervision program in the State, and
all agencies that oversee injection wells in the State.
(2)(i) For major permits, NPDES and 404 general permits, and permits that include sewage sludge land application plans under 40
CFR501.15(a)(2)(ix), publication of a notice in a daily or weekly newspaper within the area affected by the facility or activity; and for
EPA-issued NPDES general permits, in theFederal Register;
Note: The Director is encouraged to provide as much notice as possible of the NPDES or Section 404
draft general permit to the facilities or activities to be covered by the general permit.
(ii) For all RCRA permits, publication of a notice in a daily or weekly major local newspaper of general circulation and broadcast over
local radio stations.
(3) When the program is being administered by an approved State, in a manner constituting legal notice to the public under State
law; and
(4) Any other method reasonably calculated to give actual notice of the action in question to the persons potentially affected by it,
including press releases or any other forum or medium to elicit public participation.
(d) Contents (applicable to State programs, see §§123.25 (NPDES), 145.11 (UIC), 233.26 (404), and 271.14 (RCRA)) —(1) All
public notices. All public notices issued under this part shall contain the following minimum information:
(i) Name and address of the office processing the permit action for which notice is being given;
(ii) Name and address of the permittee or permit applicant and, if different, of the facility or activity regulated by the permit, except in
the case of NPDES and 404 draft general permits under §§122.28 and 233.37;
(iii) A brief description of the business conducted at the facility or activity described in the permit application or the draft permit, for
NPDES or 404 general permits when there is no application.
(iv) Name, address and telephone number of a person from whom interested persons may obtain further information, including
copies of the draft permit or draft general permit, as the case may be, statement of basis or fact sheet, and the application; and
(v) A brief description of the comment procedures required by §§124.11 and 124.12 and the time and place of any hearing that will
be held, including a statement of procedures to request a hearing (unless a hearing has already been scheduled) and other
procedures by which the public may participate in the final permit decision.
(vi) For EPA-issued permits, the location of the administrative record required by §124.9, the times at which the record will be open
for public inspection, and a statement that all data submitted by the applicant is available as part of the administrative record.
(vii) For NPDES permits only (including those for "sludge-only facilities"), a general description of the location of each existing or
proposed discharge point and the name of the receiving water and the sludge use and disposal practice(s) and the location of each
sludge treatment works treating domestic sewage and use or disposal sites known at the time of permit application. For EPA-issued
NPDES permits only, if the discharge is from a new source, a statement as to whether an environmental impact statement will be or
has been prepared.
(viii) For 404 permits only,
(A) The purpose of the proposed activity (including, in the case of fill material, activities intended to be conducted on the fill), a
description of the type, composition, and quantity of materials to be discharged and means of conveyance; and any proposed
conditions and limitations on the discharge;
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(B) The name and water quality standards classification, if applicable, of the receiving waters into which the discharge is proposed,
and a general description of the site of each proposed discharge and the portions of the site and the discharges which are within
State regulated waters;
(C) A description of the anticipated environmental effects of activities conducted under the permit;
(D) References to applicable statutory or regulatory authority; and
(E) Any other available information which may assist the public in evaluating the likely impact of the proposed activity upon the
integrity of the receiving water.
(ix) Requirements applicable to cooling water intake structures under section 316(b) of the CWA, in accordance with part 125,
subparts I , J, and N of this chapter.
(x) Any additional information considered necessary or proper.
(2) Public notices for hearings. In addition to the general public notice described in paragraph (d)(1) of this section, the public notice
of a hearing under §124.12 shall contain the following information:
(i) Reference to the date of previous public notices relating to the permit;
(ii) Date, time, and place of the hearing;
(iii) A brief description of the nature and purpose of the hearing, including the applicable rules and procedures; and
(iv) For 404 permits only, a summary of major issues raised to date during the public comment period.
(e) ( Applicable to State programs, see §§123.25 (NPDES), 145.11 (UIC), 233.26 (404), and 271.14 (RCRA). ) In addition to the
general public notice described in paragraph (d)(1) of this section, all persons identified in paragraphs (c)(1) (i), (ii), (iii), and (iv) of
this section shall be mailed a copy of the fact sheet or statement of basis (for EPA-issued permits), the permit application (if any)
and the draft permit (if any).
[48 FR 14264, Apr. 1, 1983; 48 FR 30115, June 30, 1983, as amended at 53 FR 28147, July 26, 1988; 53 FR 37410, Sept. 26,
1988; 54 FR 258, Jan. 4, 1989; 54 FR 18786, May 2, 1989; 65 FR 30911, May 15, 2000; 66 FR 65338, Dec. 18, 2001; 69 FR
41683, July 9, 2004; 71 FR 35040, June 16, 2006; 75 FR 77286, Dec. 10, 2010]
§ 124.11 Public comments and requests for public hearings.
(Applicable to State programs, see §§123.25 (NPDES), 145.11 (UIC), 233.26 (404), and 271.14 (RCRA). ) During the public
comment period provided under §124.10, any interested person may submit written comments on the draft permit or the permit
application for 404 permits when no draft permit is required (see §233.39) and may request a public hearing, if no hearing has
already been scheduled. A request for a public hearing shall be in writing and shall state the nature of the issues proposed to be
raised in the hearing. All comments shall be considered in making the final decision and shall be answered as provided in §124.17.
§ 124.12 Public hearings.
(a) (Applicable to State programs, see §§123.25 (NPDES), 145.11 (UIC), 233.26 (404), and 271.14 (RCRA). ) (1) The Director
shall hold a public hearing whenever he or she finds, on the basis of requests, a significant degree of public interest in a draft
permit(s);
(2) The Director may also hold a public hearing at his or her discretion, whenever, for instance, such a hearing might clarify one or
more issues involved in the permit decision;
(3) For RCRA permits only, (i) the Director shall hold a public hearing whenever he or she receives written notice of opposition to a
draft permit and a request for a hearing within 45 days of public notice under §124.10(b)(1); (ii) whenever possible the Director shall
schedule a hearing under this section at a location convenient to the nearest population center to the proposed facility;
(4) Public notice of the hearing shall be given as specified in §124.10.
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(b) Whenever a public hearing will be held and EPA is the permitting authority, the Regional Administrator shall designate a
Presiding Officer for the hearing who shall be responsible for its scheduling and orderly conduct.
(c) Any person may submit oral or written statements and data concerning the draft permit. Reasonable limits may be set upon the
time allowed for oral statements, and the submission of statements in writing may be required. The public comment period under
§124.10 shall automatically be extended to the close of any public hearing under this section. The hearing officer may also extend
the comment period by so stating at the hearing.
(d) A tape recording or written transcript of the hearing shall be made available to the public.
[48 FR 14264, Apr. 1, 1983, as amended at 49 FR 17718, Apr. 24, 1984; 50 FR 6941, Feb. 19, 1985; 54 FR 258, Jan. 4, 1989; 65
FR 30911, May 15, 2000]
§ 124.13 Obligation to raise issues and provide information during the public comment period.
All persons, including applicants, who believe any condition of a draft permit is inappropriate or that the Director's tentative decision
to deny an application, terminate a permit, or prepare a draft permit is inappropriate, must raise all reasonably ascertainable issues
and submit all reasonably available arguments supporting their position by the close of the public comment period (including any
public hearing) under §124.10. Any supporting materials which are submitted shall be included in full and may not be incorporated
by reference, unless they are already part of the administrative record in the same proceeding, or consist of State or Federal
statutes and regulations, EPA documents of general applicability, or other generally available reference materials. Commenters
shall make supporting materials not already included in the administrative record available to EPA as directed by the Regional
Administrator. (A comment period longer than 30 days may be necessary to give commenters a reasonable opportunity to comply
with the requirements of this section. Additional time shall be granted under §124.10 to the extent that a commenter who requests
additional time demonstrates the need for such time.)
[49 FR 38051, Sept. 26, 1984]
§ 124.14 Reopening of the public comment period.
(a)(1) The Regional Administrator may order the public comment period reopened if the procedures of this paragraph could
expedite the decisionmaking process. When the public comment period is reopened under this paragraph, all persons, including
applicants, who believe any condition of a draft permit is inappropriate or that the Regional Administrator's tentative decision to deny
an application, terminate a permit, or prepare a draft permit is inappropriate, must submit all reasonably available factual grounds
supporting their position, including all supporting material, by a date, not less than sixty days after public notice under paragraph
(a)(2) of this section, set by the Regional Administrator. Thereafter, any person may file a written response to the material filed by
any other person, by a date, not less than twenty days after the date set for filing of the material, set by the Regional Administrator.
(2) Public notice of any comment period under this paragraph shall identify the issues to which the requirements of §124.14(a) shall
apply.
(3) On his own motion or on the request of any person, the Regional Administrator may direct that the requirements of paragraph
(a)(1) of this section shall apply during the initial comment period where it reasonably appears that issuance of the permit will be
contested and that applying the requirements of paragraph (a)(1) of this section will substantially expedite the decisionmaking
process. The notice of the draft permit shall state whenever this has been done.
(4) A comment period of longer than 60 days will often be necessary in complicated proceedings to give commenters a reasonable
opportunity to comply with the requirements of this section. Commenters may request longer comment periods and they shall be
granted under §124.10 to the extent they appear necessary.
(b) If any data information or arguments submitted during the public comment period, including information or arguments required
under §124.13, appear to raise substantial new questions concerning a permit, the Regional Administrator may take one or more of
the following actions:
(1) Prepare a new draft permit, appropriately modified, under §124.6;
(2) Prepare a revised statement of basis under §124.7, a fact sheet or revised fact sheet under §124.8 and reopen the comment
period under §124.14; or
(3) Reopen or extend the comment period under §124.10 to give interested persons an opportunity to comment on the information
or arguments submitted.
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(c) Comments filed during the reopened comment period shall be limited to the substantial new questions that caused its reopening.
The public notice under §124.10 shall define the scope of the reopening.
(d) [Reserved]
(e) Public notice of any of the above actions shall be issued under §124.10.
[48 FR 14264, Apr. 1, 1983, as amended at 49 FR 38051, Sept. 26, 1984; 65 FR 30911, May 15, 2000]
§ 124.15 Issuance and effective date of permit.
(a) After the close of the public comment period under §124.10 on a draft permit, the Regional Administrator shall issue a final
permit decision (or a decision to deny a permit for the active life of a RCRA hazardous waste management facility or unit under
§270.29). The Regional Administrator shall notify the applicant and each person who has submitted written comments or requested
notice of the final permit decision. This notice shall include reference to the procedures for appealing a decision on a RCRA, UIC,
PSD, or NPDES permit under §124.19 of this part. For the purposes of this section, a final permit decision means a final decision to
issue, deny, modify, revoke and reissue, or terminate a permit.
(b) A final permit decision (or a decision to deny a permit for the active life of a RCRA hazardous waste management facility or unit
under §270.29) shall become effective 30 days after the service of notice of the decision unless:
(1) A later effective date is specified in the decision; or
(2) Review is requested on the permit under §124.19.
(3) No comments requested a change in the draft permit, in which case the permit shall become effective immediately upon
issuance.
[48 FR 14264, Apr. 1, 1983, as amended at 54 FR 9607, Mar. 7, 1989; 65 FR 30911, May 15, 2000]
§ 124.16 Stays of contested permit conditions.
(a) Sfays. (1) If a request for review of a RCRA, UIC, or NPDES permit under §124.19 of this part is filed, the effect of the contested
permit conditions shall be stayed and shall not be subject to judicial review pending final agency action. Uncontested permit
conditions shall be stayed only until the date specified in paragraph (a)(2)(i) of this section. (No stay of a PSD permit is available
under this section.) If the permit involves a new facility or new injection well, new source, new discharger or a recommencing
discharger, the applicant shall be without a permit for the proposed new facility, injection well, source or discharger pending final
agency action. See also §124.60.
(2)(i) Uncontested conditions which are not severable from those contested shall be stayed together with the contested conditions.
The Regional Administrator shall identify the stayed provisions of permits for existing facilities, injection wells, and sources. All other
provisions of the permit for the existing facility, injection well, or source become fully effective and enforceable 30 days after the date
of the notification required in paragraph (a)(2)(ii) of this section.
(ii) The Regional Administrator shall, as soon as possible after receiving notification from the EAB of the filing of a petition for review,
notify the EAB, the applicant, and all other interested parties of the Uncontested (and severable) conditions of the final permit that
will become fully effective enforceable obligations of the permit as of the date specified in paragraph (a)(2)(i) of this section . For
NPDES permits only, the notice shall comply with the requirements of §124.60(b).
(b) Stays based on cross effects. (1) A stay may be granted based on the grounds that an appeal to the Administrator under
§124.19 of one permit may result in changes to another EPA-issued permit only when each of the permits involved has been
appealed to the Administrator and he or she has accepted each appeal.
(2) No stay of an EPA-issued RCRA, UIC, or NPDES permit shall be granted based on the staying of any State-issued permit
except at the discretion of the Regional Administrator and only upon written request from the State Director.
(c) Any facility or activity holding an existing permit must:
(1) Comply with the conditions of that permit during any modification or revocation and reissuance proceeding under §124.5; and
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(2) To the extent conditions of any new permit are stayed under this section, comply with the conditions of the existing permit which
correspond to the stayed conditions, unless compliance with the existing conditions would be technologically incompatible with
compliance with other conditions of the new permit which have not been stayed.
[48 FR 14264, Apr. 1, 1983, as amended at 65 FR 30911, May 15, 2000]
§ 124.17 Response to comments.
(a) (Applicable to State programs, see §§123.25 (NPDES), 145.11 (UIC), 233.26 (404), and 271.14 (RCRA). ) At the time that any
final permit decision is issued under §124.15, the Director shall issue a response to comments. States are only required to issue a
response to comments when a final permit is issued. This response shall:
(1) Specify which provisions, if any, of the draft permit have been changed in the final permit decision, and the reasons for the
change; and
(2) Briefly describe and respond to all significant comments on the draft permit or the permit application (for section 404 permits
only) raised during the public comment period, or during any hearing.
(b) For EPA-issued permits, any documents cited in the response to comments shall be included in the administrative record for the
final permit decision as defined in §124.18. If new points are raised or new material supplied during the public comment period, EPA
may document its response to those matters by adding new materials to the administrative record.
(c) (Applicable to State programs, see §§123.25 (NPDES), 145.11 (UIC), 233.26 (404), and 271.14 (RCRA). ) The response to
comments shall be available to the public.
§ 124.18 Administrative record for final permit when EPA is the permitting authority.
(a) The Regional Administrator shall base final permit decisions under §124.15 on the administrative record defined in this section.
(b) The administrative record for any final permit shall consist of the administrative record for the draft permit and:
(1) All comments received during the public comment period provided under §124.10 (including any extension or reopening under
§124.14);
(2) The tape or transcript of any hearing(s) held under §124.12;
(3) Any written materials submitted at such a hearing;
(4) The response to comments required by §124.17 and any new material placed in the record under that section;
(5) For NPDES new source permits only, final environmental impact statement and any supplement to the final EIS;
(6) Other documents contained in the supporting file for the permit; and
(7) The final permit.
(c) The additional documents required under paragraph (b) of this section should be added to the record as soon as possible after
their receipt or publication by the Agency. The record shall be complete on the date the final permit is issued.
(d) This section applies to all final RCRA, UIC, PSD, and NPDES permits when the draft permit was subject to the administrative
record requirements of §124.9 and to all NPDES permits when the draft permit was included in a public notice after October 12,
1979.
(e) Material readily available at the issuing Regional Office, or published materials which are generally available and which are
included in the administrative record under the standards of this section or of §124.17 ("Response to comments"), need not be
physically included in the same file as the rest of the record as long as it is specifically referred to in the statement of basis or fact
sheet or in the response to comments.
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§ 124.19 Appeal of RCRA, UIC, NPDES, and PSD Permits.
(a) Within 30 days after a RCRA, UIC, NPDES, or PSD final permit decision (or a decision under 270.29 of this chapter to deny a
permit for the active life of a RCRA hazardous waste management facility or unit) has been issued under §124.15 of this part, any
person who filed comments on that draft permit or participated in the public hearing may petition the Environmental Appeals Board
to review any condition of the permit decision. Persons affected by an NPDES general permit may not file a petition under this
section or otherwise challenge the conditions of the general permit in further Agency proceedings. They may, instead, either
challenge the general permit in court, or apply for an individual NPDES permit under §122.21 as authorized in §122.28 and then
petition the Board for review as provided by this section. As provided in §122.28(b)(3), any interested person may also petition the
Director to require an individual NPDES permit for any discharger eligible for authorization to discharge under an NPDES general
permit. Any person who failed to file comments or failed to participate in the public hearing on the draft permit may petition for
administrative review only to the extent of the changes from the draft to the final permit decision. The 30-day period within which a
person may request review under this section begins with the service of notice of the Regional Administrator's action unless a later
date is specified in that notice. The petition shall include a statement of the reasons supporting that review, including a
demonstration that any issues being raised were raised during the public comment period (including any public hearing) to the
extent required by these regulations and when appropriate, a showing that the condition in question is based on:
(1) A finding of fact or conclusion of law which is clearly erroneous, or
(2) An exercise of discretion or an important policy consideration which the Environmental Appeals Board should, in its discretion,
review.
(b) The Environmental Appeals Board may also decide on its own initiative to review any condition of any RCRA, UIC, NPDES, or
PSD permit decision issued under this part for which review is available under paragraph (a) of this section. The Environmental
Appeals Board must act under this paragraph within 30 days of the service date of notice of the Regional Administrator's action.
(c) Within a reasonable time following the filing of the petition for review, the Environmental Appeals Board shall issue an order
granting or denying the petition for review. To the extent review is denied, the conditions of the final permit decision become final
agency action. Public notice of any grant of review by the Environmental Appeals Board under paragraph (a) or (b) of this section
shall be given as provided in §124.10. Public notice shall set forth a briefing schedule for the appeal and shall state that any
interested person may file an amicus brief. Notice of denial of review shall be sent only to the person(s) requesting review.
(d) The Regional Administrator, at any time prior to the rendering of a decision under paragraph (c) of this section to grant or deny
review of a permit decision, may, upon notification to the Board and any interested parties, withdraw the permit and prepare a new
draft permit under §124.6 addressing the portions so withdrawn. The new draft permit shall proceed through the same process of
public comment and opportunity for a public hearing as would apply to any other draft permit subject to this part. Any portions of the
permit which are not withdrawn and which are not stayed under §124.16(a) continue to apply.
(e) A petition to the Environmental Appeals Board under paragraph (a) of this section is, under 5 U.S.C. 704, a prerequisite to the
seeking of judicial review of the final agency action.
(f)(1) For purposes of judicial review under the appropriate Act, final agency action occurs when a final RCRA, UIC, NPDES, or PSD
permit decision is issued by EPA and agency review procedures under this section are exhausted. A final permit decision shall be
issued by the Regional Administrator:
(i) When the Environmental Appeals Board issues notice to the parties that review has been denied;
(ii) When the Environmental Appeals Board issues a decision on the merits of the appeal and the decision does not include a
remand of the proceedings; or
(iii) Upon the completion of remand proceedings if the proceedings are remanded, unless the Environmental Appeals Board's
remand order specifically provides that appeal of the remand decision will be required to exhaust administrative remedies.
(2) Notice of any final agency action regarding a PSD permit shall promptly be published in the Federal Register.
(g) Motions to reconsider a final order shall be filed within ten (10) days after service of the final order. Every such motion must set
forth the matters claimed to have been erroneously decided and the nature of the alleged errors. Motions for reconsideration under
this provision shall be directed to, and decided by, the Environmental Appeals Board. Motions for reconsideration directed to the
administrator, rather than to the Environmental Appeals Board, will not be considered, except in cases that the Environmental
Appeals Board has referred to the Administrator pursuant to §124.2 and in which the Administrator has issued the final order. A
motion for reconsideration shall not stay the effective date of the final order unless specifically so ordered by the Environmental
Appeals Board.
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[48 FR 14264, Apr. 1, 1983, as amended at 54 FR 9607, Mar. 7, 1989; 57 FR 5335, Feb. 13, 1992; 65 FR 30911, May 15, 2000]
§124.20 Computation of time.
(a) Any time period scheduled to begin on the occurrence of an act or event shall begin on the day after the act or event.
(b) Any time period scheduled to begin before the occurrence of an act or event shall be computed so that the period ends on the
day before the act or event.
(c) If the final day of any time period falls on a weekend or legal holiday, the time period shall be extended to the next working day.
(d) Whenever a party or interested person has the right or is required to act within a prescribed period after the service of notice or
other paper upon him or her by mail, 3 days shall be added to the prescribed time.
§ 124.21 Effective date of part 124.
(a) Part 124 of this chapter became effective for all permits except for RCRA permits on July 18, 1980. Part 124 of this chapter
became effective for RCRA permits on November 19, 1980.
(b) EPA eliminated the previous requirement for NPDES permits to undergo an evidentiary hearing after permit issuance, and
modified the procedures for termination of NPDES and RCRA permits, on June 14, 2000.
(c)(1) For any NPDES permit decision for which a request for evidentiary hearing was granted on or prior to June 13, 2000, the
hearing and any subsequent proceedings (including any appeal to the Environmental Appeals Board) shall proceed pursuant to the
procedures of this part as in effect on June 13, 2000.
(2) For any NPDES permit decision for which a request for evidentiary hearing was denied on or prior to June 13, 2000, but for
which the Board has not yet completed proceedings under §124.91, the appeal, and any hearing or other proceedings on remand if
the Board so orders, shall proceed pursuant to the procedures of this part as in effect on June 13, 2000.
(3) For any NPDES permit decision for which a request for evidentiary hearing was filed on or prior to June 13, 2000 but was neither
granted nor denied prior to that date, the Regional Administrator shall, no later than July 14, 2000, notify the requester that the
request for evidentiary hearing is being returned without prejudice. Notwithstanding the time limit in §124.19(a), the requester may
file an appeal with the Board, in accordance with the other requirements of §124.19(a), no later than August 13, 2000.
(4) A party to a proceeding otherwise subject to paragraph (c) (1) or (2) of this section may, no later than June 14, 2000, request
that the evidentiary hearing process be suspended. The Regional Administrator shall inquire of all other parties whether they desire
the evidentiary hearing to continue. If no party desires the hearing to continue, the Regional Administrator shall return the request
for evidentiary hearing in the manner specified in paragraph (c)(3) of this section.
(d) For any proceeding to terminate an NPDES or RCRA permit commenced on or prior to June 13, 2000, the Regional
Administrator shall follow the procedures of §124.5(d) as in effect on June 13, 2000, and any formal hearing shall follow the
procedures of subpart E of this part as in effect on the same date.
[65 FR 30911, May 15, 2000]
Subpart B—Specific Procedures Applicable to RCRA Permits
Source: 60 FR 63431, Dec. 11,1995, unless otherwise noted.
§ 124.31 Pre-application public meeting and notice.
(a) Applicability. The requirements of this section shall apply to all RCRA part B applications seeking initial permits for hazardous
waste management units over which EPA has permit issuance authority. The requirements of this section shall also apply to RCRA
part B applications seeking renewal of permits for such units, where the renewal application is proposing a significant change in
facility operations. For the purposes of this section, a "significant change" is any change that would qualify as a class 3 permit
modification under 40 CFR 270.42. For the purposes of this section only, "hazardous waste management units over which EPA has
permit issuance authority" refers to hazardous waste management units for which the State where the units are located has not
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been authorized to issue RCRA permits pursuant to 40 CFR part 271. The requirements of this section shall also apply to hazardous
waste management facilities for which facility owners or operators are seeking coverage under a RCRA standardized permit (see 40
part 270, subpart J), including renewal of a standardized permit for such units, where the renewal is proposing a significant change
in facility operations, as defined at §124.211(c). The requirements of this section do not apply to permit modifications under 40 CFR
270.42 or to applications that are submitted for the sole purpose of conducting post-closure activities or post-closure activities and
corrective action at a facility.
(b) Prior to the submission of a part B RCRA permit application for a facility, or to the submission of a written Notice of Intent to be
covered by a RCRA standardized permit (see 40 CFR part 270, subpart J), the applicant must hold at least one meeting with the
public in order to solicit questions from the community and inform the community of proposed hazardous waste management
activities. The applicant shall post a sign-in sheet or otherwise provide a voluntary opportunity for attendees to provide their names
and addresses.
(c) The applicant shall submit a summary of the meeting, along with the list of attendees and their addresses developed under
paragraph (b) of this section, and copies of any written comments or materials submitted at the meeting, to the permitting agency as
a part of the part B application, in accordance with 40 CFR 270.14(b), or with the written Notice of Intent to be covered by a RCRA
standardized permit (see 40 CFR part 270, subpart J).
(d) The applicant must provide public notice of the pre-application meeting at least 30 days prior to the meeting. The applicant must
maintain, and provide to the permitting agency upon request, documentation of the notice.
(1) The applicant shall provide public notice in all of the following forms:
(i) A newspaper advertisement. The applicant shall publish a notice, fulfilling the requirements in paragraph (d)(2) of this section, in
a newspaper of general circulation in the county or equivalent jurisdiction that hosts the proposed location of the facility. In addition,
the Director shall instruct the applicant to publish the notice in newspapers of general circulation in adjacent counties or equivalent
jurisdictions, where the Director determines that such publication is necessary to inform the affected public. The notice must be
published as a display advertisement.
(ii) A visible and accessible sign. The applicant shall post a notice on a clearly marked sign at or near the facility, fulfilling the
requirements in paragraph (d)(2) of this section. If the applicant places the sign on the facility property, then the sign must be large
enough to be readable from the nearest point where the public would pass by the site.
(iii) A broadcast media announcement. The applicant shall broadcast a notice, fulfilling the requirements in paragraph (d)(2) of this
section, at least once on at least one local radio station or television station. The applicant may employ another medium with prior
approval of the Director.
(iv) A notice to the permitting agency. The applicant shall send a copy of the newspaper notice to the permitting agency and to the
appropriate units of State and local government, in accordance with §124.10(c)(1)(x).
(2) The notices required under paragraph (d)(1) of this section must include:
(i) The date, time, and location of the meeting;
(ii) A brief description of the purpose of the meeting;
(iii) A brief description of the facility and proposed operations, including the address or a map (e.g., a sketched or copied street map)
of the facility location;
(iv) A statement encouraging people to contact the facility at least 72 hours before the meeting if they need special access to
participate in the meeting; and
(v) The name, address, and telephone number of a contact person for the applicant.
[60 FR 63431, Dec. 11,1995, as amended at 70 FR 53449, Sept. 8, 2005]
§ 124.32 Public notice requirements at the application stage.
(a) Applicability. The requirements of this section shall apply to all RCRA part B applications seeking initial permits for hazardous
waste management units over which EPA has permit issuance authority. The requirements of this section shall also apply to RCRA
part B applications seeking renewal of permits for such units under 40 CFR 270.51. For the purposes of this section only,
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"hazardous waste management units over which EPA has permit issuance authority" refers to hazardous waste management units
for which the State where the units are located has not been authorized to issue RCRA permits pursuant to 40 CFR part 271. The
requirements of this section do not apply to hazardous waste units for which facility owners or operators are seeking coverage under
a RCRA standardized permit (see 40 CFR part 270, subpart J)). The requirements of this section also do not apply to permit
modifications under 40 CFR 270.42 or permit applications submitted for the sole purpose of conducting post-closure activities or
post-closure activities and corrective action at a facility.
(b) Notification at application submittal.
(1) The Director shall provide public notice as set forth in §124.10(c)(1)(ix), and notice to appropriate units of State and local
government as set forth in §124.10(c)(1)(x), that a part B permit application has been submitted to the Agency and is available for
review.
(2) The notice shall be published within a reasonable period of time after the application is received by the Director. The notice must
include:
(i) The name and telephone number of the applicant's contact person;
(ii) The name and telephone number of the permitting agency's contact office, and a mailing address to which information, opinions,
and inquiries may be directed throughout the permit review process;
(iii) An address to which people can write in order to be put on the facility mailing list;
(iv) The location where copies of the permit application and any supporting documents can be viewed and copied;
(v) A brief description of the facility and proposed operations, including the address or a map (e.g., a sketched or copied street map)
of the facility location on the front page of the notice; and
(vi) The date that the application was submitted.
(c) Concurrent with the notice required under §124.32(b) of this subpart, the Director must place the permit application and any
supporting documents in a location accessible to the public in the vicinity of the facility or at the permitting agency's office.
[60 FR 63431, Dec. 11,1995, as amended at 70 FR 53449, Sept. 8, 2005]
§ 124.33 Information repository.
(a) Applicability. The requirements of this section apply to all applications seeking RCRA permits for hazardous waste management
units over which EPA has permit issuance authority. For the purposes of this section only, "hazardous waste management units
over which EPA has permit issuance authority" refers to hazardous waste management units for which the State where the units are
located has not been authorized to issue RCRA permits pursuant to 40 CFR part 271.
(b) The Director may assess the need, on a case-by-case basis, for an information repository. When assessing the need for an
information repository, the Director shall consider a variety of factors, including: the level of public interest; the type of facility; the
presence of an existing repository; and the proximity to the nearest copy of the administrative record. If the Director determines, at
any time after submittal of a permit application, that there is a need for a repository, then the Director shall notify the facility that it
must establish and maintain an information repository. (See 40 CFR 270.30(m) for similar provisions relating to the information
repository during the life of a permit).
(c) The information repository shall contain all documents, reports, data, and information deemed necessary by the Director to fulfill
the purposes for which the repository is established. The Director shall have the discretion to limit the contents of the repository.
(d) The information repository shall be located and maintained at a site chosen by the facility. If the Director finds the site unsuitable
for the purposes and persons for which it was established, due to problems with the location, hours of availability, access, or other
relevant considerations, then the Director shall specify a more appropriate site.
(e) The Director shall specify requirements for informing the public about the information repository. At a minimum, the Director shall
require the facility to provide a written notice about the information repository to all individuals on the facility mailing list.
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(f) The facility owner/operator shall be responsible for maintaining and updating the repository with appropriate information
throughout a time period specified by the Director. The Director may close the repository at his or her discretion, based on the
factors in paragraph (b) of this section.
Subpart C—Specific Procedures Applicable to PSD Permits
§ 124.41 Definitions applicable to PSD permits.
Whenever PSD permits are processed under this part, the following terms shall have the following meanings:
Administrator, EPA, and Regional Administrator shall have the meanings set forth in §124.2, except when EPA has delegated
authority to administer those regulations to another agency under the applicable subsection of 40 CFR 52.21, the term EPA shall
mean the delegate agency and the term Regional Administrator shall mean the chief administrative officer of the delegate agency.
Application means an application for a PSD permit.
Appropriate Act and Regulations means the Clean Air Act and applicable regulations promulgated under it.
Approved program means a State implementation plan providing for issuance of PSD permits which has been approved by EPA
under the Clean Air Act and 40 CFR part 51. An approved State is one administering an approved program. State Director as used
in §124.4 means the person(s) responsible for issuing PSD permits under an approved program, or that person's delegated
representative.
Construction has the meaning given in 40 CFR 52.21.
Direct or means the Regional Administrator.
Draft permit shall have the meaning set forth in §124.2.
Facility or activity means a major PSD stationary source or major PSD modification.
Federal Land Manager has the meaning given in 40 CFR 52.21.
Indian Governing Body has the meaning given in 40 CFR 52.21.
Major PSD modification means a major modification as defined in 40 CFR 52.21.
Major PSD stationary source means a major stationary source as defined in 40 CFR 52.21 (b)(1).
Owner or operator means the owner or operator of any facility or activity subject to regulation under 40 CFR 52.21 or by an
approved State.
Permit or PSD permit means a permit issued under 40 CFR 52.21 or by an approved State.
Person includes an individual, corporation, partnership, association, State, municipality, political subdivision of a State, and any
agency, department, or instrumentality of the United States and any officer, agent or employee thereof.
Regulated activity or activity subject to regulation means a major PSD stationary source or major PSD modification.
Site means the land or water area upon which a major PSD stationary source or major PSD modification is physically located or
conducted, including but not limited to adjacent land used for utility systems; as repair, storage, shipping or processing areas; or
otherwise in connection with the major PSD stationary source or major PSD modification.
State means a State, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, and American Samoa
and includes the Commonwealth of the Northern Mariana Islands.
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§ 124.42 Additional procedures for PSD permits affecting Class I areas.
(a) The Regional Administrator shall provide notice of any permit application for a proposed major PSD stationary source or major
PSD modification the emissions from which would affect a Class I area to the Federal Land Manager, and the Federal official
charged with direct responsibility for management of any lands within such area. The Regional Administrator shall provide such
notice promptly after receiving the application.
(b) Any demonstration which the Federal Land Manager wishes to present under 40 CFR 52.21(q)(3), and any variances sought by
an owner or operator under §52.21 (q)(4) shall be submitted in writing, together with any necessary supporting analysis, by the end
of the public comment period under §124.10 or §124.118. (40 CFR 52.21 (q)(3) provides for denial of a PSD permit to a facility or
activity when the Federal Land Manager demonstrates that its emissions would adversely affect a Class I area even though the
applicable increments would not be exceeded. 40 CFR 52.21 (q)(4) conversely authorizes EPA, with the concurrence of the Federal
Land Manager and State responsible, to grant certain variances from the otherwise applicable emission limitations to a facility or
activity whose emissions would affect a Class I area.)
(c) Variances authorized by 40 CFR 52.21 (q)(5) through (q)(7) shall be handled as specified in those paragraphs and shall not be
subject to this part. Upon receiving appropriate documentation of a variance properly granted under any of these provisions, the
Regional Administrator shall enter the variance in the administrative record. Any decisions later made in proceedings under this part
concerning that permit shall be consistent with the conditions of that variance.
Subpart D—Specific Procedures Applicable to NPDES Permits
§ 124.51 Purpose and scope.
(a) This subpart sets forth additional requirements and procedures for decisionmaking for the NPDES program.
(b) Decisions on NPDES variance requests ordinarily will be made during the permit issuance process. Variances and other
changes in permit conditions ordinarily will be decided through the same notice-and-comment and hearing procedures as the basic
permit.
(c) As stated in 40 CFR 131.4, an Indian Tribe that meets the statutory criteria which authorize EPA to treat the Tribe in a manner
similar to that in which it treats a State for purposes of the Water Quality Standards program is likewise qualified for such treatment
for purposes of State certification of water quality standards pursuant to section 401(a)(1) of the Act and subpart D of this part.
[48 FR 14264, Apr. 1, 1983, as amended at 58 FR 67983, Dec. 22, 1993; 59 FR 64343, Dec. 14, 1994]
§ 124.52 Permits required on a case-by-case basis.
(a) Various sections of part 122, subpart B allow the Director to determine, on a case-by-case basis, that certain concentrated
animal feeding operations (§122.23), concentrated aquatic animal production facilities (§122.24), storm water discharges (§122.26),
and certain other facilities covered by general permits (§122.28) that do not generally require an individual permit may be required to
obtain an individual permit because of their contributions to water pollution.
(b) Whenever the Regional Administrator decides that an individual permit is required under this section, except as provided in
paragraph (c) of this section, the Regional Administrator shall notify the discharger in writing of that decision and the reasons for it,
and shall send an application form with the notice. The discharger must apply for a permit under §122.21 within 60 days of notice,
unless permission for a later date is granted by the Regional Administrator. The question whether the designation was proper will
remain open for consideration during the public comment period under §124.11 and in any subsequent hearing.
(c) Prior to a case-by-case determination that an individual permit is required for a storm water discharge under this section (see
§122.26(a)(1)(v), (c)(1)(v), and (a)(9)(iii) of this chapter), the Regional Administrator may require the discharger to submit a permit
application or other information regarding the discharge under section 308 of the CWA. In requiring such information, the Regional
Administrator shall notify the discharger in writing and shall send an application form with the notice. The discharger must apply for a
permit within 180 days of notice, unless permission for a later date is granted by the Regional Administrator. The question whether
the initial designation was proper will remain open for consideration during the public comment period under §124.11 and in any
subsequent hearing.
[55 FR 48075, Nov. 16, 1990, as amended at 60 FR 17957, Apr. 7, 1995; 60 FR 19464, Apr. 18, 1995; 60 FR 40235, Aug. 7, 1995;
64 FR 68851, Dec. 8, 1999; 65 FR 30912, May 15, 2000]
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§124.53 State certification.
(a) Under CWA section 401 (a)(1), EPA may not issue a permit until a certification is granted or waived in accordance with that
section by the State in which the discharge originates or will originate.
(b) Applications received without a State certification shall be forwarded by the Regional Administrator to the certifying State agency
with a request that certification be granted or denied.
(c) If State certification has not been received by the time the draft permit is prepared, the Regional Administrator shall send the
certifying State agency:
(1) A copy of a draft permit;
(2) A statement that EPA cannot issue or deny the permit until the certifying State agency has granted or denied certification under
§124.55, or waived its right to certify; and
(3) A statement that the State will be deemed to have waived its right to certify unless that right is exercised within a specified
reasonable time not to exceed 60 days from the date the draft permit is mailed to the certifying State agency unless the Regional
Administrator finds that unusual circumstances require a longer time.
(d) State certification shall be granted or denied within the reasonable time specified under paragraph (c)(3) of this section. The
State shall send a notice of its action, including a copy of any certification, to the applicant and the Regional Administrator.
(e) State certification shall be in writing and shall include:
(1) Conditions which are necessary to assure compliance with the applicable provisions of CWA sections 208(e), 301, 302, 303,
306, and 307 and with appropriate requirements of State law;
(2) When the State certifies a draft permit instead of a permit application, any conditions more stringent than those in the draft permit
which the State finds necessary to meet the requirements listed in paragraph (e)(1) of this section. For each more stringent
condition, the certifying State agency shall cite the CWA or State law references upon which that condition is based. Failure to
provide such a citation waives the right to certify with respect to that condition; and
(3) A statement of the extent to which each condition of the draft permit can be made less stringent without violating the
requirements of State law, including water quality standards. Failure to provide this statement for any condition waives the right to
certify or object to any less stringent condition which may be established during the EPA permit issuance process.
§ 124.54 Special provisions for State certification and concurrence on applications for section
301 (h) variances.
(a) When an application for a permit incorporating a variance request under CWA section 301 (h) is submitted to a State, the
appropriate State official shall either:
(1) Deny the request for the CWA section 301 (h) variance (and so notify the applicant and EPA) and, if the State is an approved
NPDES State and the permit is due for reissuance, process the permit application under normal procedures; or
(2) Forward a certification meeting the requirements of §124.53 to the Regional Administrator.
(b) When EPA issues a tentative decision on the request for a variance under CWA section 301 (h), and no certification has been
received under paragraph (a) of this section, the Regional Administrator shall forward the tentative decision to the State in
accordance with §124.53(b) specifying a reasonable time for State certification and concurrence. If the State fails to deny or grant
certification and concurrence under paragraph (a) of this section within such reasonable time, certification shall be waived and the
State shall be deemed to have concurred in the issuance of a CWA section 301 (h) variance.
(c) Any certification provided by a State under paragraph (a)(2) of this section shall constitute the State's concurrence (as required
by section 301 (h)) in the issuance of the permit incorporating a section 301 (h) variance subject to any conditions specified therein by
the State. CWA section 301 (h) certification and concurrence under this section will not be forwarded to the State by EPA for
recertification after the permit issuance process; States must specify any conditions required by State law, including water quality
standards, in the initial certification.
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§ 124.55 Effect of State certification.
(a) When certification is required under CWA section 401(a)(1) no final permit shall be issued:
(1) If certification is denied, or
(2) Unless the final permit incorporates the requirements specified in the certification under §124.53(e).
(b) If there is a change in the State law or regulation upon which a certification is based, or if a court of competent jurisdiction or
appropriate State board or agency stays, vacates, or remands a certification, a State which has issued a certification under §124.53
may issue a modified certification or notice of waiver and forward it to EPA. If the modified certification is received before final
agency action on the permit, the permit shall be consistent with the more stringent conditions which are based upon State law
identified in such certification. If the certification or notice of waiver is received after final agency action on the permit, the Regional
Administrator may modify the permit on request of the permittee only to the extent necessary to delete any conditions based on a
condition in a certification invalidated by a court of competent jurisdiction or by an appropriate State board or agency.
(c) A State may not condition or deny a certification on the grounds that State law allows a less stringent permit condition. The
Regional Administrator shall disregard any such certification conditions, and shall consider those conditions or denials as waivers of
certification.
(d) A condition in a draft permit may be changed during agency review in any manner consistent with a certification meeting the
requirements of §124.53(e). No such changes shall require EPA to submit the permit to the State for recertification.
(e) Review and appeals of limitations and conditions attributable to State certification shall be made through the applicable
procedures of the State and may not be made through the procedures in this part.
(f) Nothing in this section shall affect EPA's obligation to comply with §122.47. See CWA section 301(b)(1)(C).
[48 FR 14264, Apr. 1, 1983, as amended at 65 FR 30912, May 15, 2000]
§124.56 Fact sheets.
(Applicable to State programs, see §123.25 (NPDES).) In addition to meeting the requirements of §124.8, NPDES fact sheets
shall contain the following:
(a) Any calculations or other necessary explanation of the derivation of specific effluent limitations and conditions or standards for
sewage sludge use or disposal, including a citation to the applicable effluent limitation guideline, performance standard, or standard
for sewage sludge use or disposal as required by §122.44 and reasons why they are applicable or an explanation of how the
alternate effluent limitations were developed.
(b)(1) When the draft permit contains any of the following conditions, an explanation of the reasons that such conditions are
applicable:
(i) Limitations to control toxic pollutants under §122.44(e) of this chapter;
(ii) Limitations on internal waste streams under §122.45(1) of this chapter;
(iii) Limitations on indicator pollutants under §125.3(g) of this chapter;
(iv) Limitations set on a case-by-case basis under §125.3 (c)(2) or (c)(3) of this chapter, or pursuant to Section 405(d)(4) of the
CWA;
(v) Limitations to meet the criteria for permit issuance under §122.4(i) of this chapter, or
(vi) Waivers from monitoring requirements granted under §122.44(a) of this chapter.
(2) For every permit to be issued to a treatment works owned by a person other than a State or municipality, an explanation of the
Director's decision on regulation of users under §122.44(m).
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(c) When appropriate, a sketch or detailed description of the location of the discharge or regulated activity described in the
application; and
(d) For EPA-issued NPDES permits, the requirements of any State certification under §124.53.
(e) For permits that include a sewage sludge land application plan under 40 CFR 501.15(a)(2)(ix), a brief description of how each of
the required elements of the land application plan are addressed in the permit.
[48 FR 14264, Apr. 1, 1983, as amended at 49 FR 38051, Sept. 26, 1984; 54 FR 18786, May 2, 1989; 65 FR 30912, May 15, 2000]
§124.57 Public notice.
(a) Section 316(a) requests (applicable to State programs, see §123.25). In addition to the information required under
§124.10(d)(1), public notice of an NPDES draft permit fora discharge where a CWA section 316(a) request has been filed under
§122.21 (I) shall include:
(1) A statement that the thermal component of the discharge is subject to effluent limitations under CWA section 301 or 306 and a
brief description, including a quantitative statement, of the thermal effluent limitations proposed under section 301 or 306;
(2) A statement that a section 316(a) request has been filed and that alternative less stringent effluent limitations may be imposed
on the thermal component of the discharge under section 316(a) and a brief description, including a quantitative statement, of the
alternative effluent limitations, if any, included in the request; and
(3) If the applicant has filed an early screening request under §125.72 for a section 316(a) variance, a statement that the applicant
has submitted such a plan.
(b) [Reserved]
[48 FR 14264, Apr. 1, 1983; 50 FR 6941, Feb. 19, 1985, as amended at 65 FR 30912, May 15, 2000]
§124.58 [Reserved]
§ 124.59 Conditions requested by the Corps of Engineers and other government agencies.
(Applicable to State programs, see §123.25 ( NPDES).)
(a) If during the comment period for an NPDES draft permit, the District Engineer advises the Director in writing that anchorage and
navigation of any of the waters of the United States would be substantially impaired by the granting of a permit, the permit shall be
denied and the applicant so notified. If the District Engineer advised the Director that imposing specified conditions upon the permit
is necessary to avoid any substantial impairment of anchorage or navigation, then the Director shall include the specified conditions
in the permit. Review or appeal of denial of a permit or of conditions specified by the District Engineer shall be made through the
applicable procedures of the Corps of Engineers, and may not be made through the procedures provided in this part. If the
conditions are stayed by a court of competent jurisdiction or by applicable procedures of the Corps of Engineers, those conditions
shall be considered stayed in the NPDES permit for the duration of that stay.
(b) If during the comment period the U.S. Fish and Wildlife Service, the National Marine Fisheries Service, or any other State or
Federal agency with jurisdiction over fish, wildlife, or public health advises the Director in writing that the imposition of specified
conditions upon the permit is necessary to avoid substantial impairment offish, shellfish, or wildlife resources, the Director may
include the specified conditions in the permit to the extent they are determined necessary to carry out the provisions of §122.49 and
of the CWA.
(c) In appropriate cases the Director may consult with one or more of the agencies referred to in this section before issuing a draft
permit and may reflect their views in the statement of basis, the fact sheet, or the draft permit.
[48 FR 14264, Apr. 1, 1983, as amended at 54 FR 258, Jan. 4, 1989]
§ 124.60 Issuance and effective date and stays of NPDES permits.
In addition to the requirements of §§124.15, 124.16, and 124.19, the following provisions apply to NPDES permits:
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(a) Notwithstanding the provisions of §124.16(a)(1), if, for any offshore or coastal mobile exploratory drilling rig or coastal mobile
developmental drilling rig which has never received a final effective permit to discharge at a "site," but which is not a "new
discharger" or a "new source," the Regional Administrator finds that compliance with certain permit conditions may be necessary to
avoid irreparable environmental harm during the administrative review, he or she may specify in the statement of basis or fact sheet
that those conditions, even if contested, shall remain enforceable obligations of the discharger during administrative review.
(b)(1) As provided in §124.16(a), if an appeal of an initial permit decision is filed under §124.19, the force and effect of the contested
conditions of the final permit shall be stayed until final agency action under §124.19(f). The Regional Administrator shall notify, in
accordance with §124.16(a)(2)(ii), the discharger and all interested parties of the uncontested conditions of the final permit that are
enforceable obligations of the discharger.
(2) When effluent limitations are contested, but the underlying control technology is not, the notice shall identify the installation of the
technology in accordance with the permit compliance schedules (if uncontested) as an uncontested, enforceable obligation of the
permit.
(3) When a combination of technologies is contested, but a portion of the combination is not contested, that portion shall be
identified as uncontested if compatible with the combination of technologies proposed by the requester.
(4) Uncontested conditions, if inseverable from a contested condition, shall be considered contested.
(5) Uncontested conditions shall become enforceable 30 days after the date of notice under paragraph (b)(1) of this section.
(6) Uncontested conditions shall include:
(i) Preliminary design and engineering studies or other requirements necessary to achieve the final permit conditions which do not
entail substantial expenditures;
(ii) Permit conditions which will have to be met regardless of the outcome of the appeal under §124.19;
(iii) When the discharger proposed a less stringent level of treatment than that contained in the final permit, any permit conditions
appropriate to meet the levels proposed by the discharger, if the measures required to attain that less stringent level of treatment
are consistent with the measures required to attain the limits proposed by any other party; and
(iv) Construction activities, such as segregation of waste streams or installation of equipment, which would partially meet the final
permit conditions and could also be used to achieve the discharger's proposed alternative conditions.
(c) In addition to the requirements of §124.16(c)(2), when an appeal is filed under §124.19 on an application for a renewal of an
existing permit and upon written request from the applicant, the Regional Administrator may delete requirements from the existing
permit which unnecessarily duplicate uncontested provisions of the new permit.
[65 FR 30912, May 15, 2000]
§ 124.61 Final environmental impact statement.
No final NPDES permit for a new source shall be issued until at least 30 days after the date of issuance of a final environmental
impact statement if one is required under 40 CFR 6.805.
§ 124.62 Decision on variances.
(Applicable to State programs, see §123.25 (NPDES).)
(a) The Director may grant or deny requests for the following variances (subject to EPA objection under §123.44 for State permits):
(1) Extensions under CWA section 301 (i) based on delay in completion of a publicly owned treatment works;
(2) After consultation with the Regional Administrator, extensions under CWA section 301 (k) based on the use of innovative
technology; or
(3) Variances under CWA section 316(a) for thermal pollution.
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(b) The State Director may deny, or forward to the Regional Administrator with a written concurrence, or submit to EPA without
recommendation a completed request for:
(1) A variance based on the economic capability of the applicant under CWA section 301 (c); or
(2) A variance based on water quality related effluent limitations under CWA section 302(b)(2).
(c) The Regional Administrator may deny, forward, or submit to the EPA Office Director for Water Enforcement and Permits with a
recommendation for approval, a request for a variance listed in paragraph (b) of this section that is forwarded by the State Director,
or that is submitted to the Regional Administrator by the requester where EPA is the permitting authority.
(d) The EPA Office Director for Water Enforcement and Permits may approve or deny any variance request submitted under
paragraph (c) of this section. If the Office Director approves the variance, the Director may prepare a draft permit incorporating the
variance. Any public notice of a draft permit for which a variance or modification has been approved or denied shall identify the
applicable procedures for appealing that decision under §124.64.
(e) The State Director may deny or forward to the Administrator (or his delegate) with a written concurrence a completed request for:
(1) A variance based on the presence of "fundamentally different factors" from those on which an effluent limitations guideline was
based;
(2) A variance based upon certain water quality factors under CWA section 301 (g).
(f) The Administrator (or his delegate) may grant or deny a request for a variance listed in paragraph (e) of this section that is
forwarded by the State Director, or that is submitted to EPA by the requester where EPA is the permitting authority. If the
Administrator (or his delegate) approves the variance, the State Director or Regional Administrator may prepare a draft permit
incorporating the variance. Any public notice of a draft permit for which a variance or modification has been approved or denied shall
identify the applicable procedures for appealing that decision under §124.64.
[48 FR 14264, Apr. 1, 1983; 50 FR 6941, Feb. 19, 1985, as amended at 51 FR 16030, Apr. 30, 1986; 54 FR 256, 258, Jan. 4, 1989]
§ 124.63 Procedures for variances when EPA is the permitting authority.
(a) In States where EPA is the permit issuing authority and a request for a variance is filed as required by §122.21, the request shall
be processed as follows:
(1)(i) If, at the time, that a request fora variance based on the presence of fundamentally different factors or on section 301 (g) of the
CWA is submitted, the Regional Administrator has received an application under §124.3 for issuance or renewal of that permit, but
has not yet prepared a draft permit under §124.6 covering the discharge in question, the Administrator (or his delegate) shall give
notice of a tentative decision on the request at the time the notice of the draft permit is prepared as specified in §124.10, unless this
would significantly delay the processing of the permit. In that case the processing of the variance request may be separated from
the permit in accordance with paragraph (a)(3) of this section, and the processing of the permit shall proceed without delay.
(ii) If, at the time, that a request for a variance under sections 301 (c) or 302(b)(2) of the CWA is submitted, the Regional
Administrator has received an application under §124.3 for issuance or renewal of that permit, but has not yet prepared a draft
permit under §124.6 covering the discharge in question, the Regional Administrator, after obtaining any necessary concurrence of
the EPA Deputy Assistant Administrator for Water Enforcement under §124.62, shall give notice of a tentative decision on the
request at the time the notice of the draft permit is prepared as specified in §124.10, unless this would significantly delay the
processing of the permit. In that case the processing of the variance request may be separated from the permit in accordance with
paragraph (a)(3) of this section, and the processing of the permit shall proceed without delay.
(2) If, at the time that a request for a variance is filed the Regional Administrator has given notice under §124.10 of a draft permit
covering the discharge in question, but that permit has not yet become final, administrative proceedings concerning that permit may
be stayed and the Regional Administrator shall prepare a new draft permit including a tentative decision on the request, and the fact
sheet required by §124.8. However, if this will significantly delay the processing of the existing draft permit or the Regional
Administrator, for other reasons, considers combining the variance request and the existing draft permit inadvisable, the request
may be separated from the permit in accordance with paragraph (a)(3) of this section, and the administrative disposition of the
existing draft permit shall proceed without delay.
(3) If the permit has become final and no application under §124.3 concerning it is pending or if the variance request has been
separated from a draft permit as described in paragraphs (a) (1) and (2) of this section, the Regional Administrator may prepare a
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new draft permit and give notice of it under §124.10. This draft permit shall be accompanied by the fact sheet required by §124.8
except that the only matters considered shall relate to the requested variance.
[48 FR 14264, Apr. 1, 1983, as amended at 51 FR 16030, Apr. 30, 1986]
§ 124.64 Appeals of variances.
(a) When a State issues a permit on which EPA has made a variance decision, separate appeals of the State permit and of the
EPA variance decision are possible. If the owner or operator is challenging the same issues in both proceedings, the Regional
Administrator will decide, in consultation with State officials, which case will be heard first.
(b) Variance decisions made by EPA may be appealed under the provisions of §124.19.
(c) Stays for section 301 (g) variances. If an appeal is filed under §124.19 of a variance requested under CWA section 301 (g), any
otherwise applicable standards and limitations under CWA section 301 shall not be stayed unless:
(1) In the judgment of the Regional Administrator, the stay or the variance sought will not result in the discharge of pollutants in
quantities which may reasonably be anticipated to pose an unacceptable risk to human health or the environment because of
bioaccumulation, persistency in the environment, acute toxicity, chronic toxicity, or synergistic propensities; and
(2) In the judgment of the Regional Administrator, there is a substantial likelihood that the discharger will succeed on the merits of its
appeal; and
(3) The discharger files a bond or other appropriate security which is required by the Regional Administrator to assure timely
compliance with the requirements from which a variance is sought in the event that the appeal is unsuccessful.
(d) Stays for variances other than section 301 (g) variances are governed by §§124.16 and 124.60.
[48 FR 14264, Apr. 1, 1983, as amended at 65 FR 30912, May 15, 2000]
§124.65 [Reserved]
§ 124.66 Special procedures for decisions on thermal variances under section 316(a).
(a) The only issues connected with issuance of a particular permit on which EPA will make a final Agency decision before the final
permit is issued under §§124.15 and 124.60 are whether alternative effluent limitations would be justified under CWA section 316(a)
and whether cooling water intake structures will use the best available technology under section 316(b). Permit applicants who wish
an early decision on these issues should request it and furnish supporting reasons at the time their permit applications are filed
under §122.21. The Regional Administrator will then decide whether or not to make an early decision. If it is granted, both the early
decision on CWA section 316 (a) or (b) issues and the grant of the balance of the permit shall be considered permit issuance under
these regulations, and shall be subject to the same requirements of public notice and comment and the same opportunity for an
appeal under §124.19.
(b) If the Regional Administrator, on review of the administrative record, determines that the information necessary to decide
whether or not the CWA section 316(a) issue is not likely to be available in time for a decision on permit issuance, the Regional
Administrator may issue a permit under §124.15 for a term up to 5 years. This permit shall require achievement of the effluent
limitations initially proposed for the thermal component of the discharge no later than the date otherwise required by law. However,
the permit shall also afford the permittee an opportunity to file a demonstration under CWA section 316(a) after conducting such
studies as are required under 40 CFR part 125, subpart H. A new discharger may not exceed the thermal effluent limitation which is
initially proposed unless and until its CWA section 316(a) variance request is finally approved.
(c) Any proceeding held under paragraph (a) of this section shall be publicly noticed as required by §124.10 and shall be conducted
at a time allowing the permittee to take necessary measures to meet the final compliance date in the event its request for
modification of thermal limits is denied.
(d) Whenever the Regional Administrator defers the decision under CWA section 316(a), any decision under section 316(b) may be
deferred.
[48 FR 14264, Apr. 1, 1983, as amended at 65 FR 30912, May 15, 2000]
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E—F
for
Source: 70 FR 53449, Sept. 8, 2005, unless otherwise noted.
§ 124.200 What is a RCRA standardized permit?
The standardized permit is a special form of RCRA permit, that may consist of two parts: A uniform portion that the Director issues
in all cases, and a supplemental portion that the Director issues at his or her discretion. We formally define the term "Standardized
permit" in §124.2.
(a) What comprises the uniform portion? The uniform portion of a standardized permit consists of terms and conditions, relevant to
the unit(s) you are operating at your facility, that EPA has promulgated in 40 CFR part 267 (Standards for Owners and Operators of
Hazardous Waste Facilities Operating under a Standardized Permit). If you intend to operate under the standardized permit, you
must comply with these nationally applicable terms and conditions.
(b) What comprises the supplemental portion? The supplemental portion of a standardized permit consists of site-specific terms and
conditions, beyond those of the uniform portion, that the Director may impose on your particular facility, as necessary to protect
human health and the environment. If the Director issues you a supplemental portion, you must comply with the site-specific terms
and conditions it imposes.
(1) When required under §267.101, provisions to implement corrective action will be included in the supplemental portion.
(2) Unless otherwise specified, these supplemental permit terms and conditions apply to your facility in addition to the terms and
conditions of the uniform portion of the standardized permit and not in place of any of those terms and conditions.
§ 124.201 Who is eligible for a standardized permit?
(a) You may be eligible for a standardized permit if:
(1) You generate hazardous waste and then store or non-thermally treat the hazardous waste on-site in containers, tanks, or
containment buildings; or
(2) You receive hazardous waste generated off-site by a generator under the same ownership as the receiving facility, and then you
store or non-thermally treat the hazardous waste in containers, tanks, or containment buildings.
(3) In either case, the Director will inform you of your eligibility when a decision is made on your permit.
(b) [Reserved]
for a
§ 124.202 How do I as a facility owner or operator apply for a standardized permit?
(a) You must follow the requirements in this subpart as well as those in §124.31, 40 CFR 270.10, and 40 CFR part 270, subpart J.
(b) You must submit to the Director a written Notice of Intent to operate under the standardized permit. You must also include the
information and certifications required under 40 CFR part 270, subpart J.
§ 124.203 How may I switch from my individual RCRA permit to a standardized permit?
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Where all units in the RCRA permit are eligible for the standardized permit, you may request that your individual permit be revoked
and reissued as a standardized permit, in accordance with §124.5. Where only some of the units in the RCRA permit are eligible for
the standardized permit, you may request that your individual permit be modified to no longer include those units and issue a
standardized permit for those units in accordance with §124.204.
§ 124.204 What must I do as the Director of the regulatory agency to prepare a draft standardized
permit?
(a) You must review the Notice of Intent and supporting information submitted by the facility owner or operator.
(b) You must determine whether the facility is or is not eligible to operate under the standardized permit.
(1) If the facility is eligible for the standardized permit, you must propose terms and conditions, if any, to include in a supplemental
portion. If you determine that these terms and conditions are necessary to protect human health and the environment and cannot be
imposed, you must tentatively deny coverage under the standardized permit.
(2) If the facility is not eligible for the standardized permit, you must tentatively deny coverage under the standardized permit. Cause
for ineligibility may include, but is not limited to, the following:
(i) Failure of owner or operator to submit all the information required under §270.275.
(ii) Information submitted that is required under §270.275 is determined to be inadequate.
(iii) Facility does not meet the eligibility requirements (activities are outside the scope of the standardized permit).
(iv) Demonstrated history of significant non-compliance with applicable requirements.
(v) Permit conditions cannot ensure protection of human health and the environment.
(c) You must prepare your draft permit decision within 120 days after receiving the Notice of Intent and supporting documents from a
facility owner or operator. Your tentative determination under this section to deny or grant coverage under the standardized permit,
including any proposed site-specific conditions in a supplemental portion, constitutes a draft permit decision. You are allowed a one
time extension of 30 days to prepare the draft permit decision. When the use of the 30-day extension is anticipated, you should
inform the permit applicant during the initial 120-day review period. Reasons for an extension may include, but is not limited to,
needing to complete review of submissions with the Notice of Intent (e.g., closure plans, waste analysis plans, for facilities seeking
to manage hazardous waste generated off-site).
(d) Many requirements in subpart A of this part apply to processing the standardized permit application and preparing your draft
permit decision. For example, your draft permit decision must be accompanied by a statement of basis or fact sheet and must be
based on the administrative record. In preparing your draft permit decision, the following provisions of subpart A of this part apply
(subject to the following modifications):
(1) Section 124.1 Purpose and Scope. All paragraphs.
(2) Section 124.2 Definitions. All paragraphs.
(3) Section 124.3 Application for a permit. All paragraphs, except paragraphs (c), (d), (f), and (g) of this section apply.
(4) Section 124.4 Consolidation of permit processing. All paragraphs apply; however, in the context of the RCRA standardized
permit, the reference to the public comment period is §124.208 instead of §124.10.
(5) Section 124.5 Modification, revocation and re-issuance, or termination of permits. Not applicable.
(6) Section 124.6 Draft permits. This section does not apply to the RCRA standardized permit; procedures in this subpart apply
instead.
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(7) Section 124.7 Statement of basis. The entire section applies.
(8) Section 124.8 Fact sheet. All paragraphs apply; however, in the context of the RCRA standardized permit, the reference to the
public comment period is §124.208 instead of §124.10.
(9) Section 124.9 Administrative record for draft permits when EPA is the permitting authority. All paragraphs apply; however, in the
context of the RCRA standardized permit, the reference to draft permits is§24.204(c) instead of §124.6.
(10) Section 124.10 Public notice of permit actions and public comment period. Only §§124.10(c)(1)(ix) and (c)(1)(x)(A) apply to the
RCRA standardized permit. Most of §124.10 does not apply to the RCRA standardized permit; §§124.207, 124.208, and 124.209
apply instead.
§ 124.205 What must I do as the Director of the regulatory agency to prepare a final standardized
permit?
As Director of the regulatory agency, you must consider all comments received during the public comment period (see §124.208) in
making your final permit decision. In addition, many requirements in subpart A of this part apply to the public comment period, public
hearings, and preparation of your final permit decision. In preparing a final permit decision, the following provisions of subpart A of
this part apply (subject to the following modifications):
(a) Section 124.1 Purpose and Scope. All paragraphs.
(b) Section 124.2 Definitions. All paragraphs.
(c) Section 124.11 Public comments and requests for public hearings. This section does not apply to the RCRA standardized permit;
the procedures in §124.208 apply instead.
(d) Section 124.12 Public hearings. Paragraphs (b), (c), and (d) apply.
(e) Section 124.13 Obligation to raise issues and provide information during the public comment period. The entire section applies;
however, in the context of the RCRA standardized permit, the reference to the public comment period is §124.208 instead of
§124.10.
(f) Section124.14 Reopening of the public comment period. All paragraphs apply; however, in the context of the RCRA standardized
permit, use the following reference: in §124.14(b)(1) use reference to §124.204 instead of §124.6; in §124.14(b)(3) use reference to
§124.208 instead of §124.10; in §124.14(c) use reference to §124.207 instead of §124.10.
(g) Section 124.15 Issuance and effective date of permit. All paragraphs apply, however, in the context of the RCRA standardized
permit, the reference to the public comment period is §124.208 instead of §124.10.
(h) Section 124.16 Stays of contested permit conditions. All paragraphs apply.
(i) Section 124.17 Response to comments. This section does not apply to the RCRA standardized permit; procedures in §124.209
apply instead.
(j) Section 124.18 Administrative record for final permit when EPA is the permitting authority. All paragraphs apply, however, use
reference to §124.209 instead of §124.17.
(k) Secitonl 24.19 Appeal of RCRA, UIC, NPDES, and PSD permits. All paragraphs apply.
(I) Section 124.20 Computation of time. All paragraphs apply.
§ 124.206 In what situations may I require a facility owner or operator to apply for an individual
permit?
(a) Cases where you may determine that a facility is not eligible for the standardized permit include, but are not limited to, the
following:
(1) The facility does not meet the criteria in §124.201.
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(2) The facility has a demonstrated history of significant non-compliance with regulations or permit conditions.
(3) The facility has a demonstrated history of submitting incomplete or deficient permit application information.
(4) The facility has submitted an incomplete or inadequate materials with the Notice of Intent.
(b) If you determine that a facility is not eligible for the standardized permit, you must inform the facility owner or operator that they
must apply for an individual permit.
(c) You may require any facility that has a standardized permit to apply for and obtain an individual RCRA permit. Any interested
person may petition you to take action under this paragraph. Cases where you may require an individual RCRA permit include, but
are not limited to, the following:
(1) The facility is not in compliance with the terms and conditions of the standardized RCRA permit.
(2) Circumstances have changed since the time the facility owner or operator applied for the standardized permit, so that the
facility's hazardous waste management practices are no longer appropriately controlled under the standardized permit.
(d) You may require any facility authorized by a standardized permit to apply for an individual RCRA permit only if you have notified
the facility owner or operator in writing that an individual permit application is required. You must include in this notice a brief
statement of the reasons for your decision, a statement setting a deadline for the owner or operator to file the application, and a
statement that, on the effective date of the individual RCRA permit, the facility's standardized permit automatically terminates. You
may grant additional time upon request from the facility owner or operator.
(e) When you issue an individual RCRA permit to an owner or operator otherwise subject to a standardized RCRA permit, the
standardized permit for their facility will automatically cease to apply on the effective date of the individual permit.
§ 124.207 What are the requirements for public notices?
(a) You, as the Director, must provide public notice of your draft permit decision and must provide an opportunity for the public to
submit comments and request a hearing on that decision. You must provide the public notice to:
(1) The applicant;
(2) Any other agency which you know has issued or is required to issue a RCRA permit for the same facility or activity (including
EPA when the draft permit is prepared by the State);
(3) Federal and State agencies with jurisdiction over fish, shellfish, and wildlife resources and over coastal zone management plans,
the Advisory Council on Historic Preservation, State Historic Preservation Officers, including any affected States;
(4) To everyone on the facility mailing list developed according to the requirements in §124.10(c)(1)(ix); and
(5) To any units of local government having jurisdiction over the area where the facility is proposed to be located and to each State
agency having any authority under State law with respect to the construction or operation of the facility.
(b) You must issue the public notice according to the following methods:
(1) Publication in a daily or weekly major local newspaper of general circulation and broadcast over local radio stations;
(2) When the program is being administered by an approved State, in a manner constituting legal notice to the public under State
law; and
(3) Any other method reasonably calculated to give actual notice of the draft permit decision to the persons potentially affected by it,
including press releases or any other forum or medium to elicit public participation.
(c) You must include the following information in the public notice:
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(1) The name and telephone number of the contact person at the facility.
(2) The name and telephone number of your contact office, and a mailing address to which people may direct comments,
information, opinions, or inquiries.
(3) An address to which people may write to be put on the facility mailing list.
(4) The location where people may view and make copies of the draft standardized permit and the Notice of Intent and supporting
documents.
(5) A brief description of the facility and proposed operations, including the address or a map (for example, a sketched or copied
street map) of the facility location on the front page of the notice.
(6) The date that the facility owner or operator submitted the Notice of Intent and supporting documents.
(d) At the same time that you issue the public notice under this section, you must place the draft standardized permit (including both
the uniform portion and the supplemental portion, if any), the Notice of Intent and supporting documents, and the statement of basis
or fact sheet in a location accessible to the public in the vicinity of the facility or at your office.
§ 124.208 What are the opportunities for public comments and hearings on draft permit
decisions?
(a) The public notice that you issue under §124.207 must allow at least 45 days for people to submit written comments on your draft
permit decision. This time is referred to as the public comment period. You must automatically extend the public comment period to
the close of any public hearing under this section. The hearing officer may also extend the comment period by so stating at the
hearing.
(b) During the public comment period, any interested person may submit written comments on the draft permit and may request a
public hearing. If someone wants to request a public hearing, they must submit their request in writing to you. Their request must
state the nature of the issues they propose to raise during the hearing.
(c) You must hold a public hearing whenever you receive a written notice of opposition to a standardized permit and a request for a
hearing within the public comment period under paragraph (a) of this section. You may also hold a public hearing at your discretion,
whenever, for instance, such a hearing might clarify one or more issues involved in the permit decision.
(d) Whenever possible, you must schedule a hearing under this section at a location convenient to the nearest population center to
the facility. You must give public notice of the hearing at least 30 days before the date set for the hearing. (You may give the public
notice of the hearing at the same time you provide public notice of the draft permit, and you may combine the two notices.)
(e) You must give public notice of the hearing according to the methods in §124.207(a) and (b). The hearing must be conducted
according to the procedures in §124.12(b), (c), and (d).
(f) In their written comments and during the public hearing, if held, interested parties may provide comments on the draft permit
decision. These comments may include, but are not limited to, the facility's eligibility for the standardized permit, the tentative
supplemental conditions you proposed, and the need for additional supplemental conditions.
§ 124.209 What are the requirements for responding to comments?
(a) At the time you issue a final standardized permit, you must also respond to comments received during the public comment
period on the draft permit. Your response must:
(1) Specify which additional conditions (i.e. , those in the supplemental portion), if any, you changed in the final permit, and the
reasons for the change.
(2) Briefly describe and respond to all significant comments on the facility's ability to meet the general requirements (i.e. , those
terms and conditions in the uniform portion) and on any additional conditions necessary to protect human health and the
environment raised during the public comment period or during the hearing.
(3) Make the comments and responses accessible to the public.
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(b) You may request additional information from the facility owner or operator or inspect the facility if you need additional information
to adequately respond to significant comments or to make decisions about conditions you may need to add to the supplemental
portion of the standardized permit.
(c) If you are the Director of an EPA permitting agency, you must include in the administrative record for your final permit decision
any documents cited in the response to comments. If new points are raised or new material supplied during the public comment
period, you may document your response to those matters by adding new materials to the administrative record.
§ 124.210 May I, as an interested party in the permit process, appeal a final standardized permit?
You may petition for administrative review of the Director's final permit decision, including his or her decision that the facility is
eligible for the standardized permit, according to the procedures of §124.19. However, the terms and conditions of the uniform
portion of the standardized permit are not subject to administrative review under this provision.
§ 124.211 What types of changes may I make to my standardized permit?
You may make both routine changes, routine changes with prior Agency approval, and significant changes. For the purposes of this
section:
(a) "Routine changes" are any changes to the standardized permit that qualify as a class 1 permit modification (without prior Agency
approval) under 40 CFR 270.42, Appendix I, and
(b) "Routine changes with prior Agency approval" are for those changes to the standardized permit that would qualify as a class 1
modification with prior agency approval, or a class 2 permit modification under 40 CFR 270.42, Appendix I; and
(c) "Significant changes" are any changes to the standardized permit that:
(1) Qualify as a class 3 permit modification under 40 CFR 270.42, Appendix I;
(2) Are not explicitly identified in 40 CFR 270.42, Appendix I; or
(3) Amend any terms or conditions in the supplemental portion of your standardized permit.
§ 124.212 What procedures must I follow to make routine changes?
(a) You can make routine changes to the standardized permit without obtaining approval from the Director. However, you must first
determine whether the routine change you will make amends the information you submitted under 40 CFR 270.275 with your Notice
of Intent to operate under the standardized permit.
(b) If the routine changes you make amend the information you submitted under 40 CFR 270.275 with your Notice of Intent to
operate under the standardized permit, then before you make the routine changes you must:
(1) Submit to the Director the revised information pursuant to 40 CFR 270.275(a); and
(2) Provide notice of the changes to the facility mailing list and to state and local governments in accordance with the procedures in
§124.10(c)(1)(ix)and(x).
§ 124.213 What procedures must I follow to make routine changes with prior approval?
(a) Routine changes to the standardized permit with prior Agency approval may only be made with the prior written approval of the
Director.
(b) You must also follow the procedures in §124.212(b)(1)-(2).
§ 124.214 What procedures must I follow to make significant changes?
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(a) You must first provide notice of and conduct a public meeting.
(1) Public Meeting. You must hold a meeting with the public to solicit questions from the community and inform the community of
your proposed modifications to your hazardous waste management activities. You must post a sign-in sheet or otherwise provide a
voluntary opportunity for people attending the meeting to provide their names and addresses.
(2) Public Notice. At least 30 days before you plan to hold the meeting, you must issue a public notice in accordance with the
requirements of §124.31 (d).
(b) After holding the public meeting, you must submit a modification request to the Director that:
(1) Describes the exact change(s) you want and whether they are changes to information you provided under 40 CFR 270.275 or to
terms and conditions in the supplemental portion of your standardized permit;
(2) Explain why the modification is needed; and
(3) Includes a summary of the public meeting under paragraph (a) of this section, along with the list of attendees and their
addresses and copies of any written comments or materials they submitted at the meeting.
(c) Once the Director receives your modification request, he or she must make a tentative determination within 120 days to approve
or disapprove your request. You are allowed a one time extension of 30 days to prepare the draft permit decision. When the use of
the 30-day extension is anticipated, you should inform the permit applicant during the initial 120-day review period.
(d) After the Director makes this tentative determination, the procedures in §124.205 and §§124.207 through 124.210 for processing
an initial request for coverage under the standardized permit apply to making the final determination on the modification request.
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