Environmental Protection Agency Pt. 265
GROUND-WATER MONITORING LIST—Continued
Common name 1 CAS RN 2 Chemical abstracts service index name 3
o-Toluidine ...... 95–53–4 ...... Benzenamine, 2-methyl- Toxaphene ...... 8001–35–2 ...... Toxaphene 1,2,4-Trichlorobenzene ...... 120–82–1 ...... Benzene, 1,2,4-trichloro- 1,1,1-Trichloroethane; Methylchloroform ...... 71–55–6 ...... Ethane, 1,1,1-trichloro- 1,1,2-Trichloroethane ...... 79–00–5 ...... Ethane, 1,1,2-trichloro- Trichloroethylene; Trichloroethene ...... 79–01–6 ...... Ethene, trichloro- Trichlorofluoromethane ...... 75–69–4 ...... Methane, trichlorofluoro- 2,4,5-Trichlorophenol ...... 95–95–4 ...... Phenol, 2,4,5-trichloro- 2,4,6-Trichlorophenol ...... 88–06–2 ...... Phenol, 2,4,6-trichloro- 1,2,3-Trichloropropane ...... 96–18–4 ...... Propane, 1,2,3-trichloro- O,O,O-Triethyl phosphorothioate ...... 126–68–1 ...... Phosphorothioic acid, O,O,O-triethyl ester sym-Trinitrobenzene ...... 99–35–4 ...... Benzene, 1,3,5-trinitro- Vanadium ...... (Total) ...... Vanadium Vinyl acetate ...... 108–05–4 ...... Acetic acid, ethenyl ester Vinyl chloride ...... 75–01–4 ...... Ethene, chloro- Xylene (total) ...... 1330–20–7 ...... Benzene, dimethyl- Zinc ...... (Total) ...... Zinc 1 Common names are those widely used in government regulations, scientific publications, and commerce; synonyms exist for many chemicals. 2 Chemical Abstracts Service registry number. Where ‘‘Total’’ is entered, all species in the ground water that contain this ele- ment are included. 3 CAS index names are those used in the 9th Cumulative Index. 4 Polychlorinated 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). 5 This category contains congener chemicals, including tetrachlorodibenzo-p-dioxins (see also 2,3,7,8-TCDD), pentachlorodibenzo-p-dioxins, and hexachlorodibenzo-p-dioxins. 6 This category contains congener chemicals, including tetrachlorodibenzofurans, pentachlorodibenzofurans, and hexachlorodibenzofurans.
[70 FR 34582, June 14, 2005, as amended at 70 FR 44151, Aug. 1, 2005]
PART 265—INTERIM STATUS STAND- 265.31 Maintenance and operation of facil- ity. ARDS FOR OWNERS AND OPERA- 265.32 Required equipment. TORS OF HAZARDOUS WASTE 265.33 Testing and maintenance of equip- TREATMENT, STORAGE, AND DIS- ment. POSAL FACILITIES 265.34 Access to communications or alarm system. 265.35 Required aisle space. Subpart A—General 265.36 [Reserved] 265.37 Arrangements with local authorities. Sec. 265.1 Purpose, scope, and applicability. Subpart D—Contingency Plan and 265.2–265.3 [Reserved] Emergency Procedures 265.4 Imminent hazard action. 265.50 Applicability. Subpart B—General Facility Standards 265.51 Purpose and implementation of con- tingency plan. 265.10 Applicability. 265.52 Content of contingency plan. 265.11 Identification number. 265.53 Copies of contingency plan. 265.12 Required notices. 265.54 Amendment of contingency plan. 265.13 General waste analysis. 265.55 Emergency coordinator. 265.56 Emergency procedures. 265.14 Security. 265.15 General inspection requirements. Subpart E—Manifest System, 265.16 Personnel training. Recordkeeping, and Reporting 265.17 General requirements for ignitable, reactive, or incompatible wastes. 265.70 Applicability. 265.18 Location standards. 265.71 Use of manifest system. 265.19 Construction quality assurance pro- 265.72 Manifest discrepancies. gram. 265.73 Operating record. 265.74 Availability, retention, and disposi- Subpart C—Preparedness and Prevention tion of records. 265.75 Biennial report. 265.30 Applicability. 265.76 Unmanifested waste report.
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265.77 Additional reports. Subpart J—Tank Systems Subpart F—Ground-Water Monitoring 265.190 Applicability. 265.191 Assessment of existing tank sys- 265.90 Applicability. tem’s integrity. 265.91 Ground-water monitoring system. 265.192 Design and installation of new tank 265.92 Sampling and analysis. systems or components. 265.93 Preparation, evaluation, and re- 265.193 Containment and detection of re- sponse. leases. 265.94 Recordkeeping and reporting. 265.194 General operating requirements. 265.195 Inspections. Subpart G—Closure and Post-Closure 265.196 Response to leaks or spills and dis- position of leaking or unfit-for-use tank 265.110 Applicability. systems. 265.111 Closure performance standard. 265.197 Closure and post-closure care. 265.112 Closure plan; amendment of plan. 265.198 Special requirements for ignitable or 265.113 Closure; time allowed for closure. reactive wastes. 265.114 Disposal or decontamination of 265.199 Special requirements for incompat- equipment, structures and soils. ible wastes. 265.115 Certification of closure. 265.200 Waste analysis and trial tests. 265.116 Survey plat. 265.201 Special requirements for generators 265.117 Post-closure care and use of prop- of between 100 and 1,000 kg/mo that accu- erty. mulate hazardous waste in tanks. 265.118 Post-closure plan; amendment of 265.202 Air emission standards. plan. 265.119 Post-closure notices. Subpart K—Surface Impoundments 265.120 Certification of completion of post- closure care. 265.220 Applicability. 265.121 Post-closure requirements for facili- 265.221 Design and operating requirements. ties that obtain enforceable documents 265.222 Action leakage rate. in lieu of post-closure permits. 265.223 Containment system. 265.224 Response actions. Subpart H—Financial Requirements 265.225 Waste analysis and trial tests. 265.226 Monitoring and inspection. 265.140 Applicability. 265.227 [Reserved] 265.141 Definitions of terms as used in this 265.228 Closure and post-closure care. subpart. 265.229 Special requirements for ignitable or 265.142 Cost estimate for closure. reactive waste. 265.143 Financial assurance for closure. 265.230 Special requirements for incompat- 265.144 Cost estimate for post-closure care. ible wastes. 265.145 Financial assurance for post-closure 265.231 Air emission standards. care. 265.146 Use of a mechanism for financial as- Subpart L—Waste Piles surance of both closure and post-closure 265.250 Applicability. care. 265.251 Protection from wind. 265.147 Liability requirements. 265.252 Waste analysis. 265.148 Incapacity of owners or operators, 265.253 Containment. guarantors, or financial institutions. 265.254 Design and operating requirements. 265.149 Use of State-required mechanisms. 265.255 Action leakage rates. 265.150 State assumption of responsibility. 265.256 Special requirements for ignitable or reactive waste. Subpart I—Use and Management of 265.257 Special requirements for incompat- Containers ible wastes. 265.258 Closure and post-closure care. 265.170 Applicability. 265.259 Response actions. 265.171 Condition of containers. 265.260 Monitoring and inspection. 265.172 Compatibility of waste with con- tainer. Subpart M—Land Treatment 265.173 Management of containers. 265.174 Inspections. 265.270 Applicability. 265.175 [Reserved] 265.271 [Reserved] 265.176 Special requirements for ignitable or 265.272 General operating requirements. reactive waste. 265.273 Waste analysis. 265.177 Special requirements for incompat- 265.274–265.275 [Reserved] ible wastes. 265.276 Food chain crops. 265.178 Air emission standards. 265.277 [Reserved]
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265.278 Unsaturated zone (zone of aeration) 265.404 Closure. monitoring. 265.405 Special requirements for ignitable or 265.279 Recordkeeping. reactive waste. 265.280 Closure and post-closure. 265.406 Special requirements for incompat- 265.281 Special requirements for ignitable or ible wastes. reactive waste. 265.282 Special requirements for incompat- Subpart R—Underground Injection ible wastes. 265.430 Applicability. Subpart N—Landfills Subparts S–V [Reserved] 265.300 Applicability. 265.301 Design and operating requirements. Subpart W—Drip Pads 265.302 Action leakage rate. 265.303 Response actions. 265.440 Applicability. 265.304 Monitoring and inspection. 265.441 Assessment of existing drip pad in- 265.305–265.308 [Reserved] tegrity. 265.309 Surveying and recordkeeping. 265.442 Design and installation of new drip 265.310 Closure and post-closure care. pads. 265.311 [Reserved] 265.443 Design and operating requirements. 265.312 Special requirements for ignitable or 265.444 Inspections. reactive waste. 265.445 Closure. 265.313 Special requirements for incompat- ible wastes. Subparts X–Z [Reserved] 265.314 Special requirements for bulk and containerized liquids. Subpart AA—Air Emission Standards for 265.315 Special requirements for containers. Process Vents 265.316 Disposal of small containers of haz- ardous waste in overpacked drums (lab 265.1030 Applicability. packs). 265.1031 Definitions. 265.1032 Standards: Process vents. Subpart O—Incinerators 265.1033 Standards: Closed-vent systems and control devices. 265.340 Applicability. 265.1034 Test methods and procedures. 265.341 Waste analysis. 265.1035 Recordkeeping requirements. 265.342–265.344 [Reserved] 265.1036–265.1049 [Reserved] 265.345 General operating requirements. 265.346 [Reserved] Subpart BB—Air Emission Standards for 265.347 Monitoring and inspections. Equipment Leaks 265.348–265.350 [Reserved] 265.351 Closure. 265.1050 Applicability. 265.352 Interim status incinerators burning 265.1051 Definitions. particular hazardous wastes. 265.1052 Standards: Pumps in light liquid 265.353–265.369 [Reserved] service. 265.1053 Standards: Compressors. Subpart P—Thermal Treatment 265.1054 Standards: Pressure relief devices in gas/vapor service. 265.370 Other thermal treatment. 265.1055 Standards: Sampling connection 265.371–265.372 [Reserved] systems. 265.373 General operating requirements. 265.1056 Standards: Open-ended valves or 265.374 [Reserved] lines. 265.375 Waste analysis. 265.1057 Standards: Valves in gas/vapor serv- 265.376 [Reserved] ice or in light liquid service. 265.377 Monitoring and inspections. 265.1058 Standards: Pumps and valves in 265.378–265.380 [Reserved] heavy liquid service, pressure relief de- 265.381 Closure. vices in light liquid or heavy liquid serv- 265.382 Open burning; waste explosives. ice, and flanges and other connectors. 265.383 Interim status thermal treatment 265.1059 Standards: Delay of repair. devices burning particular hazardous 265.1060 Standards: Closed-vent systems and waste. control devices. 265.1061 Alternative standards for valves in Subpart Q—Chemical, Physical, and gas/vapor service or in light liquid serv- Biological Treatment ice: percentage of valves allowed to leak. 265.1062 Alternative standards for valves in 265.400 Applicability. gas/vapor service or in light liquid serv- 265.401 General operating requirements. ice: skip period leak detection and re- 265.402 Waste analysis and trial tests. pair. 265.403 Inspections. 265.1063 Test methods and procedures.
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265.1064 Recordkeeping requirements. post-closure responsibilities are ful- 265.1065–265.1079 [Reserved] filled. (b) Except as provided in § 265.1080(b), Subpart CC—Air Emission Standards for the standards of this part, and of 40 Tanks, Surface Impoundments, and CFR 264.552, 264.553, and 264.554, apply Containers to owners and operators of facilities 265.1080 Applicability. that treat, store or dispose of haz- 265.1081 Definitions. ardous waste who have fully complied 265.1082 Schedule for implementation of air with the requirements for interim sta- emission standards. tus under section 3005(e) of RCRA and 265.1083 Standards: General. § 270.10 of this chapter until either a 265.1084 Waste determination procedures. permit is issued under section 3005 of 265.1085 Standards: Tanks. 265.1086 Standards: Surface impoundments. RCRA or until applicable part 265 clo- 265.1087 Standards: Containers. sure and post-closure responsibilities 265.1088 Standards: Closed-vent systems and are fulfilled, and to those owners and control devices. operators of facilities in existence on 265.1089 Inspection and monitoring require- November 19, 1980 who have failed to ments. provide timely notification as required 265.1090 Recordkeeping requirements. by section 3010(a) of RCRA and/or failed 265.1091 [Reserved] to file Part A of the permit application Subpart DD—Containment Buildings as required by 40 CFR 270.10 (e) and (g). These standards apply to all treat- 265.1100 Applicability. ment, storage and disposal of haz- 265.1101 Design and operating standards. ardous waste at these facilities after 265.1102 Closure and post-closure care. the effective date of these regulations, 265.1103–265.1110 [Reserved] except as specifically provided other- Subpart EE—Hazardous Waste Munitions wise in this part or part 261 of this and Explosives Storage chapter. [Comment: As stated in section 3005(a) of 265.1200 Applicability. RCRA, after the effective date of regulations 265.1201 Design and operating standards. under that section (i.e., parts 270 and 124 of 265.1202 Closure and post-closure care. this chapter), the treatment, storage and dis- APPENDIX I TO PART 265—RECORDKEEPING IN- posal of hazardous waste is prohibited except STRUCTIONS in accordance with a permit. Section 3005(e) APPENDIX II TO PART 265 [RESERVED] of RCRA provides for the continued oper- APPENDIX III TO PART 265—EPA INTERIM PRI- ation of an existing facility that meets cer- MARY DRINKING WATER STANDARDS tain conditions, until final administrative APPENDIX IV TO PART 265—TESTS FOR SIG- disposition of the owner’s and operator’s per- NIFICANCE mit application is made.] APPENDIX V TO PART 265—EXAMPLES OF PO- TENTIALLY INCOMPATIBLE WASTE (c) The requirements of this part do APPENDIX VI TO PART 265—COMPOUNDS WITH not apply to: HENRY’S LAW CONSTANT LESS THAN 0.1 Y/ (1) A person disposing of hazardous X waste by means of ocean disposal sub- AUTHORITY: 42 U.S.C. 6905, 6906, 6912, 6922, ject to a permit issued under the Ma- 6923, 6924, 6925, 6935, 6936, and 6937. rine Protection, Research, and Sanc- tuaries Act; SOURCE: 45 FR 33232, May 19, 1980, unless otherwise noted. [Comment: These part 265 regulations do apply to the treatment or storage of haz- Subpart A—General ardous waste before it is loaded onto an ocean vessel for incineration or disposal at § 265.1 Purpose, scope, and applica- sea, as provided in paragraph (b) of this sec- bility. tion.] (a) The purpose of this part is to es- (2) [Reserved] tablish minimum national standards (3) The owner or operator of a POTW that define the acceptable management which treats, stores, or disposes of haz- of hazardous waste during the period of ardous waste; interim status and until certification [Comment: The owner or operator of a facility of final closure or, if the facility is sub- under paragraphs (c)(1) through (3) of this ject to post-closure requirements, until section is subject to the requirements of part
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264 of this chapter to the extent they are in- in § 260.10 of this chapter, provided that cluded in a permit by rule granted to such a if the owner or operator is diluting haz- person under part 122 of this chapter, or are ardous ignitable (D001) wastes (other required by § 144.14 of this chapter.] than the D001 High TOC Subcategory (4) A person who treats, stores, or defined in § 268.40 of this chapter, Table disposes of hazardous waste in a State Treatment Standards for Hazardous with a RCRA hazardous waste program Wastes), or reactive (D003) waste, to re- authorized under subpart A or B of part move the characteristic before land 271 of this chapter, except that the re- disposal, the owner/operator must com- quirements of this part will continue ply with the requirements set out in to apply: § 265.17(b). (i) If the authorized State RCRA pro- (11)(i) Except as provided in para- gram does not cover disposal of haz- graph (c)(11)(ii) of this section, a per- ardous waste by means of underground son engaged in treatment or con- injection; or tainment activities during immediate (ii) To a person who treats, stores, or response to any of the following disposes of hazardous waste in a State situations: authorized under subpart A or B of part (A) A discharge of a hazardous waste; 271 of this chapter if the State has not (B) An imminent and substantial been authorized to carry out the re- threat of a discharge of a hazardous quirements and prohibitions applicable waste; to the treatment, storage, or disposal (C) A discharge of a material which, of hazardous waste at his facility which are imposed pursuant to the when discharged, becomes a hazardous Hazardous and Solid Waste Act Amend- waste. ments of 1984. The requirements and (D) An immediate threat to human prohibitions that are applicable until a health, public safety, property, or the State receives authorization to carry environment, from the known or sus- them out include all Federal program pected presence of military munitions, requirements identified in § 271.1(j); other explosive material, or an explo- (5) The owner or operator of a facility sive device, as determined by an explo- permitted, licensed, or registered by a sive or munitions emergency response State to manage municipal or indus- specialist as defined in 40 CFR 260.10. trial solid waste, if the only hazardous (ii) An owner or operator of a facility waste the facility treats, stores, or dis- otherwise regulated by this part must poses of is excluded from regulation comply with all applicable require- under this part by § 261.5 of this chap- ments of subparts C and D. ter; (iii) Any person who is covered by (6) The owner or operator of a facility paragraph (c)(11)(i) of this section and managing recyclable materials de- who continues or initiates hazardous scribed in § 261.6 (a)(2), (3), and (4) of waste treatment or containment ac- this chapter (except to the extent they tivities after the immediate response is are referred to in part 279 or subparts over is subject to all applicable re- C, F, G, or H of part 266 of this chap- quirements of this part and parts 122 ter). through 124 of this chapter for those (7) A generator accumulating waste activities. on-site in compliance with § 262.34 of (iv) In the case of an explosives or this chapter, except to the extent the munitions emergency response, if a requirements are included in § 262.34 of Federal, State, Tribal or local official this chapter; acting within the scope of his or her of- (8) A farmer disposing of waste pes- ficial responsibilities, or an explosives ticides from his own use in compliance or munitions emergency response spe- with § 262.70 of this chapter; or cialist, determines that immediate re- (9) The owner or operator of a totally moval of the material or waste is nec- enclosed treatment facility, as defined essary to protect human health or the in § 260.10. environment, that official or specialist (10) The owner or operator of an ele- may authorize the removal of the ma- mentary neutralization unit or a terial or waste by transporters who do wastewater treatment unit as defined not have EPA identification numbers
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and without the preparation of a mani- cable requirements of subpart L of this fest. In the case of emergencies involv- part; ing military munitions, the responding (iv) The waste is burned in inciner- military emergency response special- ators that are certified pursuant to the ist’s organizational unit must retain standards and procedures in § 265.352; or records for three years identifying the (v) The waste is burned in facilities dates of the response, the responsible that thermally treat the waste in a de- persons responding, the type and de- vice other than an incinerator and that scription of material addressed, and its are certified pursuant to the standards disposition. and procedures in § 265.383. (12) A transporter storing manifested (e) The requirements of this part shipments of hazardous waste in con- apply to owners or operators of all fa- tainers meeting the requirements of 40 cilities which treat, store or dispose of CFR 262.30 at a transfer facility for a hazardous waste referred to in 40 CFR period of ten days or less. part 268, and the 40 CFR part 268 stand- (13) The addition of absorbent mate- ards are considered material conditions rial to waste in a container (as defined or requirements of the part 265 interim in § 260.10 of this chapter) or the addi- status standards. tion of waste to the absorbent material (f) Section 266.205 of this chapter in a container provided that these ac- identifies when the requirements of tions occur at the time waste is first this part apply to the storage of mili- placed in the containers; and tary munitions classified as solid waste §§ 265.17(b), 265.171, and 265.172 are com- under § 266.202 of this chapter. The plied with. treatment and disposal of hazardous (14) Universal waste handlers and waste military munitions are subject universal waste transporters (as de- to the applicable permitting, proce- fined in 40 CFR 260.10) handling the dural, and technical standards in 40 wastes listed below. These handlers are CFR parts 260 through 270. subject to regulation under 40 CFR [45 FR 33232, May 19, 1980] part 273, when handling the below list- ed universal wastes. EDITORIAL NOTE: For FEDERAL REGISTER ci- tations affecting § 265.1, see the List of CFR (i) Batteries as described in 40 CFR Sections Affected, which appears in the 273.2; Finding Aids section of the printed volume (ii) Pesticides as described in § 273.3 and at www.fdsys.gov. of this chapter; (iii) Mercury-containing equipment §§ 265.2–265.3 [Reserved] as described in § 273.4 of this chapter; and § 265.4 Imminent hazard action. (iv) Lamps as described in § 273.5 of Notwithstanding any other provi- this chapter. sions of these regulations, enforcement (15) A New York State Utility central actions may be brought pursuant to collection facility consolidating haz- section 7003 of RCRA. ardous waste in accordance with 40 CFR 262.90. Subpart B—General Facility (d) The following hazardous wastes Standards must not be managed at facilities sub- ject to regulation under this part. § 265.10 Applicability. (1) EPA Hazardous Waste Nos. FO20, The regulations in this subpart apply FO21, FO22, FO23, FO26, or FO27 unless: to owners and operators of all haz- (i) The wastewater treatment sludge ardous waste facilities, except as § 265.1 is generated in a surface impoundment provides otherwise. as part of the plant’s wastewater treat- ment system; § 265.11 Identification number. (ii) The waste is stored in tanks or Every facility owner or operator containers; must apply to EPA for an EPA identi- (iii) The waste is stored or treated in fication number in accordance with the waste piles that meet the requirements EPA notification procedures (45 FR of § 264.250(c) as well as all other appli- 12746).
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§ 265.12 Required notices. the new owner or operator of his obligation to comply with all applicable requirements.] (a)(1) The owner or operator of a fa- cility that has arranged to receive haz- [45 FR 33232, May 19, 1980, as amended at 48 FR 14295, Apr. 1, 1983; 50 FR 4514, Jan. 31, ardous waste from a foreign source 1985; 61 FR 16315, Apr. 12, 1996; 71 FR 40274, must notify the Regional Adminis- July 14, 2006; 75 FR 1260, Jan. 8, 2010] trator in writing at least four weeks in advance of the date the waste is ex- § 265.13 General waste analysis. pected to arrive at the facility. Notice (a)(1) Before an owner or operator of subsequent shipments of the same treats, stores, or disposes of any haz- waste from the same foreign source is ardous wastes, or nonhazardous wastes not required. if applicable under § 265.113(d), he must (2) The owner or operator of a recov- obtain a detailed chemical and phys- ery facility that has arranged to re- ical analysis of a representative sample ceive hazardous waste subject to 40 of the wastes. At a minimum, the anal- CFR part 262, subpart H must provide a ysis must contain all the information copy of the movement document bear- which must be known to treat, store, ing all required signatures to the for- or dispose of the waste in accordance eign exporter; to the Office of Enforce- with this part and part 268 of this chap- ment and Compliance Assurance, Office ter. of Federal Activities, International (2) The analysis may include data Compliance Assurance Division (2254A), developed under part 261 of this chap- Environmental Protection Agency, 1200 ter, and existing published or docu- mented data on the hazardous waste or Pennsylvania Avenue, NW., Wash- on waste generated from similar proc- ington, DC 20460; and to the competent esses. authorities of all other countries con- cerned within three (3) working days of Comment: For example, the facility’s records receipt of the shipment. The original of of analyses performed on the waste before the signed movement document must the effective date of these regulations, or studies conducted on hazardous waste gen- be maintained at the facility for at erated from processes similar to that which least three (3) years. In addition, such generated the waste to be managed at the fa- owner or operator shall, as soon as pos- cility, may be included in the data base re- sible, but no later than thirty (30) days quired to comply with paragraph (a)(1) of after the completion of recovery and no this section. The owner or operator of an off- site facility may arrange for the generator of later than one (1) calendar year fol- the hazardous waste to supply part of the in- lowing the receipt of the hazardous formation required by paragraph (a)(1) of waste, send a certificate of recovery to this section, except as otherwise specified in the foreign exporter and to the com- 40 CFR 268.7 (b) and (c). If the generator does petent authority of the country of ex- not supply the information, and the owner or port and to EPA’s Office of Enforce- operator chooses to accept a hazardous waste, the owner or operator is responsible ment and Compliance Assurance at the for obtaining the information required to above address by mail, e-mail without comply with this section.] a digital signature followed by mail, or fax followed by mail. (3) The analysis must be repeated as necessary to ensure that it is accurate (b) Before transferring ownership or and up to date. At a minimum, the operation of a facility during its oper- analysis must be repeated: ating life, or of a disposal facility dur- (i) When the owner or operator is no- ing the post-closure care period, the tified, or has reason to believe, that owner or operator must notify the new the process or operation generating the owner or operator in writing of the re- hazardous wastes or non-hazardous quirements of this part and part 270 of wastes, if applicable, under § 265.113(d) this chapter. (Also see § 270.72 of this has changed; and chapter.) (ii) For off-site facilities, when the [Comment: An owner’s or operator’s failure to results of the inspection required in notify the new owner or operator of the re- paragraph (a)(4) of this section indicate quirements of this part in no way relieves that the hazardous waste received at the facility does not match the waste
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designated on the accompanying mani- (i) The sampling of impoundment fest or shipping paper. contents; (4) The owner or operator of an off- (ii) The analysis of test data; and, site facility must inspect and, if nec- (iii) The annual removal of residues essary, analyze each hazardous waste which are not delisted under § 260.22 of movement received at the facility to this chapter or which exhibit a char- determine whether it matches the iden- acteristic of hazardous waste and tity of the waste specified on the ac- either: companying manifest or shipping (A) Do not meet applicable treatment paper. standards of part 268, subpart D; or (b) The owner or operator must de- (B) Where no treatment standards velop and follow a written waste anal- have been established; ysis plan which describes the proce- (1) Such residues are prohibited from dures which he will carry out to com- land disposal under § 268.32 or RCRA ply with paragraph (a) of this section. section 3004(d); or He must keep this plan at the facility. (2) Such residues are prohibited from At a minimum, the plan must specify: land disposal under § 268.33(f). (1) The parameters for which each (8) For owners and operators seeking hazardous waste, or non-hazardous an exemption to the air emission waste if applicable under § 265.113(d), standards of Subpart CC of this part in will be analyzed and the rationale for accordance with § 265.1083— the selection of these parameters (i.e., (i) If direct measurement is used for how analysis for these parameters will the waste determination, the proce- provide sufficient information on the dures and schedules for waste sampling waste’s properties to comply with para- and analysis, and the results of the graph (a) of this section); analysis of test data to verify the ex- (2) The test methods which will be emption. used to test for these parameters; (ii) If knowledge of the waste is used (3) The sampling method which will for the waste determination, any infor- be used to obtain a representative sam- mation prepared by the facility owner ple of the waste to be analyzed. A rep- or operator or by the generator of the resentative sample may be obtained hazardous waste, if the waste is re- using either: ceived from off-site, that is used as the (i) One of the sampling methods de- basis for knowledge of the waste. scribed in appendix I of part 261 of this (c) For off-site facilities, the waste chapter; or analysis plan required in paragraph (b) (ii) An equivalent sampling method. of this section must also specify the procedures which will be used to in- [Comment: See § 260.20(c) of this chapter for spect and, if necessary, analyze each related discussion.] movement of hazardous waste received (4) The frequency with which the ini- at the facility to ensure that it tial analysis of the waste will be re- matches the identity of the waste des- viewed or repeated to ensure that the ignated on the accompanying manifest analysis is accurate and up to date; or shipping paper. At a minimum, the (5) For off-site facilities, the waste plan must describe: analyses that hazardous waste genera- (1) The procedures which will be used tors have agreed to supply; and to determine the identity of each (6) Where applicable, the methods movement of waste managed at the fa- that will be used to meet the addi- cility; and tional waste analysis requirements for (2) The sampling method which will specific waste management methods as be used to obtain a representative sam- specified in §§ 265.200, 265.225, 265.252, ple of the waste to be identified, if the 265.273, 265.314, 265.341, 265.375, 265.402, identification method includes sam- 265.1034(d), 265.1063(d), 265.1084, and 268.7 pling. of this chapter. (3) The procedures that the owner or (7) For surface impoundments ex- operator of an off-site landfill receiving empted from land disposal restrictions containerized hazardous waste will use under § 268.4(a) of this chapter, the pro- to determine whether a hazardous cedures and schedule for: waste generator or treater has added a
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biodegradable sorbent to the waste in with the legend, ‘‘Danger—Unauthor- the container. ized Personnel Keep Out,’’ must be [45 FR 33232, May 19, 1980, as amended at 50 posted at each entrance to the active FR 4514, Jan. 31, 1985; 50 FR 18374, Apr. 30, portion of a facility, and at other loca- 1985; 51 FR 40638, Nov. 7, 1986; 52 FR 25788, tions, in sufficient numbers to be seen July 8, 1987; 54 FR 33396, Aug. 14, 1989; 55 FR from any approach to this active por- 22685, June 1, 1990; 55 FR 25506, June 21, 1990; tion. The legend must be written in 56 FR 19290, Apr. 26, 1991; 57 FR 8088, Mar. 6, English and in any other language pre- 1992; 57 FR 54461, Nov. 18, 1992; 59 FR 62935, dominant in the area surrounding the Dec. 6, 1994; 61 FR 4913, Feb. 9, 1996] facility (e.g., facilities in counties bor- § 265.14 Security. dering the Canadian province of Quebec must post signs in French; facilities in (a) The owner or operator must pre- counties bordering Mexico must post vent the unknowing entry, and mini- signs in Spanish), and must be legible mize the possibility for the unauthor- from a distance of at least 25 feet. Ex- ized entry, of persons or livestock onto the active portion of his facility, isting signs with a legend other than unless: ‘‘Danger—Unauthorized Personnel (1) Physical contact with the waste, Keep Out’’ may be used if the legend on structures, or equipment with the ac- the sign indicates that only authorized tive portion of the facility will not in- personnel are allowed to enter the ac- jure unknowing or unauthorized per- tive portion, and that entry onto the sons or livestock which may enter the active portion can be dangerous. active portion of a facility, and [Comment: See § 265.117(b) for discussion of se- (2) Disturbance of the waste or equip- curity requirements at disposal facilities ment, by the unknowing or unauthor- during the post-closure care period.] ized entry of persons or livestock onto [45 FR 33232, May 19, 1980, as amended at 71 the active portion of a facility, will not FR 40274, July 14, 2006] cause a violation of the requirements of this part. § 265.15 General inspection require- (b) Unless exempt under paragraphs ments. (a)(1) and (2) of this section, a facility must have: (a) The owner or operator must in- (1) A 24-hour surveillance system spect his facility for malfunctions and (e.g., television monitoring or surveil- deterioration, operator errors, and dis- lance by guards or facility personnel) charges which may be causing—or may which continuously monitors and con- lead to: (1) Release of hazardous waste trols entry onto the active portion of constituents to the environment or (2) the facility; or a threat to human health. The owner (2)(i) An artificial or natural barrier or operator must conduct these inspec- (e.g., a fence in good repair or a fence tions often enough to identify problems combined with a cliff), which com- in time to correct them before they pletely surrounds the active portion of harm human health or the the facility; and environment. (ii) A means to control entry, at all (b)(1) The owner or operator must de- times, through the gates or other en- velop and follow a written schedule for trances to the active portion of the fa- inspecting all monitoring equipment, cility (e.g., an attendant, television safety and emergency equipment, monitors, locked entrance, or con- security devices, and operating and trolled roadway access to the facility). structural equipment (such as dikes and sump pumps) that are important to [Comment: The requirements of paragraph (b) of this section are satisfied if the facility or preventing, detecting, or responding to plant within which the active portion is lo- environmental or human health haz- cated itself has a surveillance system, or a ards. barrier and a means to control entry, which (2) He must keep this schedule at the complies with the requirements of paragraph facility. (b)(1) or (2) of this section.] (3) The schedule must identify the (c) Unless exempt under paragraphs types of problems (e.g., malfunctions or (a)(1) and (a)(2) of this section, a sign deterioration) which are to be looked
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for during the inspection (e.g., inoper- must immediately notify the Director ative sump pump, leaking fitting, erod- of its change in status. The facility ing dike, etc.). must place in its operating record a (4) The frequency of inspection may dated copy of this notification and re- vary for the items on the schedule. vert back to the non-Performance However, the frequency should be based Track inspection frequencies within on the rate of deterioration of the seven calendar days. equipment and the probability of an (c) The owner or operator must rem- environmental or human health inci- edy any deterioration or malfunction dent if the deterioration, malfunction, of equipment or structures which the or operator error goes undetected be- inspection reveals on a schedule which tween inspections. Areas subject to ensures that the problem does not lead spills, such as loading and unloading to an environmental or human health areas, must be inspected daily when in hazard. Where a hazard is imminent or use, except for Performance Track has already occurred, remedial action member facilities, that must inspect at must be taken immediately. least once each month, upon approval (d) The owner or operator must by the Director, as described in para- record inspections in an inspection log graph (b)(5) of this section. At a min- or summary. He must keep these imum, the inspection schedule must in- records for at least three years from clude the items and frequencies called the date of inspection. At a minimum, for in §§ 265.174, 265.193, 265.195, 265.226, these records must include the date 265.260, 265.278, 265.304, 265.347, 265.377, and time of the inspection, the name of 265.403, 265.1033, 265.1052, 265.1053, the inspector, a notation of the 265.1058, and 265.1084 through 265.1090, observations made, and the date and where applicable. nature of any repairs or other remedial (5) Performance Track member facili- actions. ties that choose to reduce inspection frequencies must: [45 FR 33232, May 19, 1980, as amended at 50 (i) Submit an application to the Di- FR 4514, Jan. 31, 1985; 57 FR 3491, Jan. 29, rector. The application must identify 1992; 59 FR 62935, Dec. 6, 1994; 62 FR 64661, the facility as a member of the Na- Dec. 8, 1997; 71 FR 16908, Apr. 4, 2006] tional Environmental Performance § 265.16 Personnel training. Track Program and identify the man- agement units for reduced inspections (a)(1) Facility personnel must suc- and the proposed frequency of inspec- cessfully complete a program of class- tions. Inspections must be conducted room instruction or on-the-job training at least once each month. that teaches them to perform their du- (ii) Within 60 days, the Director will ties in a way that ensures the facility’s notify the Performance Track member compliance with the requirements of facility, in writing, if the application is this part. The owner or operator must approved, denied, or if an extension to ensure that this program includes all the 60-day deadline is needed. This no- the elements described in the docu- tice must be placed in the facility’s op- ment required under paragraph (d)(3) of erating record. The Performance Track this section. member facility should consider the (2) This program must be directed by application approved if the Director a person trained in hazardous waste does not: (1) Deny the application; or management procedures, and must (2) notify the Performance Track mem- include instruction which teaches ber facility of an extension to the 60- facility personnel hazardous waste day deadline. In these situations, the management procedures (including Performance Track member facility contingency plan implementation) rel- must adhere to the revised inspection evant to the positions in which they schedule outlined in its application and are employed. maintain a copy of the application in (3) At a minimum, the training pro- the facility’s operating record. gram must be designed to ensure that (iii) Any Performance Track member facility personnel are able to respond facility that discontinues its member- effectively to emergencies by familiar- ship or is terminated from the program izing them with emergency procedures,
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emergency equipment, and emergency (3) A written description of the type systems, including where applicable: and amount of both introductory and (i) Procedures for using, inspecting, continuing training that will be given repairing, and replacing facility emer- to each person filling a position listed gency and monitoring equipment; under paragraph (d)(1) of this section; (ii) Key parameters for automatic (4) Records that document that the waste feed cut-off systems; training or job experience required (iii) Communications or alarm under paragraphs (a), (b), and (c) of this systems; section has been given to, and com- (iv) Response to fires or explosions; pleted by, facility personnel. (v) Response to ground-water con- (e) Training records on current per- tamination incidents; and sonnel must be kept until closure of (vi) Shutdown of operations. the facility. Training records on former (4) For facility employees that re- employees must be kept for at least ceive emergency response training pur- three years from the date the employee suant to Occupational Safety and last worked at the facility. Personnel Health Administration (OSHA) regula- training records may accompany per- tions 29 CFR 1910.120(p)(8) and sonnel transferred within the same 1910.120(q), the facility is not required company. to provide separate emergency re- [45 FR 33232, May 19, 1980, as amended at 50 sponse training pursuant to this sec- FR 4514, Jan. 31, 1985; 71 FR 16908, Apr. 4, tion, provided that the overall facility 2006; 71 FR 40274, July 14, 2006] training meets all the requirements of this section. § 265.17 General requirements for ig- (b) Facility personnel must success- nitable, reactive, or incompatible fully complete the program required in wastes. paragraph (a) of this section within six (a) The owner or operator must take months after the effective date of these precautions to prevent accidental igni- regulations or six months after the tion or reaction of ignitable or reactive date of their employment or assign- waste. This waste must be separated ment to a facility, or to a new position and protected from sources of ignition at a facility, whichever is later. Em- or reaction including but not limited ployees hired after the effective date of to: Open flames, smoking, cutting and these regulations must not work in un- welding, hot surfaces, frictional heat, supervised positions until they have sparks (static, electrical, or mechan- completed the training requirements of ical), spontaneous ignition (e.g., from paragraph (a) of this section. heat-producing chemical reactions), (c) Facility personnel must take part and radiant heat. While ignitable or re- in an annual review of the initial train- active waste is being handled, the ing required in paragraph (a) of this owner or operator must confine smok- section. ing and open flame to specially des- (d) The owner or operator must main- ignated locations. ‘‘No Smoking’’ signs tain the following documents and must be conspicuously placed wherever records at the facility: there is a hazard from ignitable or re- (1) The job title for each position at active waste. the facility related to hazardous waste (b) Where specifically required by management, and the name of the em- other sections of this part, the treat- ployee filling each job; ment, storage, or disposal of ignitable (2) A written job description for each or reactive waste, and the mixture or position listed under paragraph (d)(1) of commingling of incompatible wastes, this Section. This description may be or incompatible wastes and materials, consistent in its degree of specificity must be conducted so that it does not: with descriptions for other similar po- (1) Generate extreme heat or pres- sitions in the same company location sure, fire or explosion, or violent reac- or bargaining unit, but must include tion; the requisite skill, education, or other (2) Produce uncontrolled toxic mists, qualifications, and duties of facility fumes, dusts, or gases in sufficient personnel assigned to each position; quantities to threaten human health;
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(3) Produce uncontrolled flammable (2) Identification of key personnel in fumes or gases in sufficient quantities the development and implementation to pose a risk of fire or explosions; of the CQA plan, and CQA officer quali- (4) Damage the structural integrity fications. of the device or facility containing the (3) A description of inspection and waste; or sampling activities for all unit compo- (5) Through other like means threat- nents identified in paragraph (a)(2) of en human health or the environment. this section, including observations and tests that will be used before, dur- § 265.18 Location standards. ing, and after construction to ensure The placement of any hazardous that the construction materials and waste in a salt dome, salt bed forma- the installed unit components meet the tion, underground mine or cave is pro- design specifications. The description hibited, except for the Department of must cover: Sampling size and loca- Energy Waste Isolation Pilot Project tions; frequency of testing; data eval- in New Mexico. uation procedures; acceptance and re- jection criteria for construction mate- [50 FR 28749, July 15, 1985] rials; plans for implementing correc- tive measures; and data or other infor- § 265.19 Construction quality assur- mation to be recorded and retained in ance program. the operating record under § 265.73. (a) CQA program. (1) A construction (c) Contents of program. (1) The CQA quality assurance (CQA) program is re- program must include observations, in- quired for all surface impoundment, spections, tests, and measurements suf- waste pile, and landfill units that are ficient to ensure: required to comply with §§ 265.221(a), (i) Structural stability and integrity 265.254, and 265.301(a). The program of all components of the unit identified must ensure that the constructed unit in paragraph (a)(2) of this section; meets or exceeds all design criteria and (ii) Proper construction of all compo- specifications in the permit. The pro- nents of the liners, leachate collection gram must be developed and imple- and removal system, leak detection mented under the direction of a CQA system, and final cover system, accord- officer who is a registered professional ing to permit specifications and good engineer. engineering practices, and proper in- (2) The CQA program must address stallation of all components (e.g., the following physical components, pipes) according to design specifica- where applicable: tions; (i) Foundations; (iii) Conformity of all materials used (ii) Dikes; with design and other material speci- (iii) Low-permeability soil liners; fications under §§ 264.221, 264.251, and (iv) Geomembranes (flexible mem- 264.301 of this chapter. brane liners); (2) The CQA program shall include (v) Leachate collection and removal test fills for compacted soil liners, systems and leak detection systems; using the same compaction methods as and in the full-scale unit, to ensure that (vi) Final cover systems. the liners are constructed to meet the (b) Written CQA plan. Before con- hydraulic conductivity requirements of struction begins on a unit subject to §§ 264.221(c)(1), 264.251(c)(1), and the CQA program under paragraph (a) 264.301(c)(1) of this chapter in the field. of this section, the owner or operator Compliance with the hydraulic conduc- must develop a written CQA plan. The tivity requirements must be verified by plan must identify steps that will be using in-situ testing on the con- used to monitor and document the structed test fill. The test fill require- quality of materials and the condition ment is waived where data are suffi- and manner of their installation. The cient to show that a constructed soil CQA plan must include: liner meets the hydraulic conductivity (1) Identification of applicable units, requirements of §§ 264.221(c)(1), and a description of how they will be 264.251(c)(1), and 264.301(c)(1) of this constructed. chapter in the field.
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(d) Certification. The owner or oper- erations) or a hand-held two-way radio, ator of units subject to § 265.19 must capable of summoning emergency as- submit to the Regional Administrator sistance from local police departments, by certified mail or hand delivery, at fire departments, or State or local least 30 days prior to receiving waste, a emergency response teams; certification signed by the CQA officer (c) Portable fire extinguishers, fire that the CQA plan has been success- control equipment (including special fully carried out and that the unit extinguishing equipment, such as that meets the requirements of §§ 265.221(a), using foam, inert gas, or dry chemi- 265.254, or 265.301(a). The owner or oper- cals), spill control equipment, and de- ator may receive waste in the unit contamination equipment; and after 30 days from the Regional Admin- (d) Water at adequate volume and istrator’s receipt of the CQA certifi- pressure to supply water hose streams, cation unless the Regional Adminis- or foam producing equipment, or auto- trator determines in writing that the matic sprinklers, or water spray sys- construction is not acceptable, or ex- tems. tends the review period for a maximum of 30 more days, or seeks additional in- § 265.33 Testing and maintenance of formation from the owner or operator equipment. during this period. Documentation sup- All facility communications or alarm porting the CQA officer’s certification systems, fire protection equipment, must be furnished to the Regional Ad- spill control equipment, and decon- ministrator upon request. tamination equipment, where required, [57 FR 3491, Jan. 29, 1992, as amended at 71 must be tested and maintained as nec- FR 40274, July 14, 2006] essary to assure its proper operation in time of emergency. Subpart C—Preparedness and Prevention § 265.34 Access to communications or alarm system. § 265.30 Applicability. (a) Whenever hazardous waste is The regulations in this subpart apply being poured, mixed, spread, or other- to owners and operators of all haz- wise handled, all personnel involved in ardous waste facilities, except as § 265.1 the operation must have immediate ac- provides otherwise. cess to an internal alarm or emergency communication device, either directly § 265.31 Maintenance and operation of or through visual or voice contact with facility. another employee, unless such a device Facilities must be maintained and is not required under § 265.32. operated to minimize the possibility of (b) If there is ever just one employee a fire, explosion, or any unplanned sud- on the premises while the facility is op- den or non-sudden release of hazardous erating, he must have immediate ac- waste or hazardous waste constituents cess to a device, such as a telephone to air, soil, or surface water which (immediately available at the scene of could threaten human health or the operation) or a hand-held two-way environment. radio, capable of summoning external emergency assistance, unless such a de- § 265.32 Required equipment. vice is not required under § 265.32. All facilities must be equipped with the following, unless none of the haz- § 265.35 Required aisle space. ards posed by waste handled at the fa- The owner or operator must main- cility could require a particular kind of tain aisle space to allow the unob- equipment specified below: structed movement of personnel, fire (a) An internal communications or protection equipment, spill control alarm system capable of providing im- equipment, and decontamination mediate emergency instruction (voice equipment to any area of facility oper- or signal) to facility personnel; ation in an emergency, unless aisle (b) A device, such as a telephone (im- space is not needed for any of these mediately available at the scene of op- purposes.
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§ 265.36 [Reserved] or any unplanned sudden or non-sudden release of hazardous waste or haz- § 265.37 Arrangements with local au- ardous waste constituents to air, soil, thorities. or surface water. (a) The owner or operator must at- (b) The provisions of the plan must tempt to make the following arrange- be carried out immediately whenever ments, as appropriate for the type of there is a fire, explosion, or release of waste handled at his facility and the hazardous waste or hazardous waste potential need for the services of these constituents which could threaten organizations: human health or the environment. (1) Arrangements to familiarize po- [45 FR 33232, May 19, 1980, as amended at 50 lice, fire departments, and emergency FR 4514, Jan. 31, 1985] response teams with the layout of the facility, properties of hazardous waste § 265.52 Content of contingency plan. handled at the facility and associated (a) The contingency plan must de- hazards, places where facility per- scribe the actions facility personnel sonnel would normally be working, en- must take to comply with §§ 265.51 and trances to roads inside the facility, and 265.56 in response to fires, explosions, possible evacuation routes; or any unplanned sudden or non-sudden (2) Where more than one police and release of hazardous waste or haz- fire department might respond to an ardous waste constituents to air, soil, emergency, agreements designating or surface water at the facility. primary emergency authority to a spe- (b) If the owner or operator has al- cific police and a specific fire depart- ready prepared a Spill Prevention, Con- ment, and agreements with any others trol, and Countermeasures (SPCC) Plan to provide support to the primary in accordance with Part 112 of this emergency authority; chapter, or some other emergency or (3) Agreements with State emergency contingency plan, he need only amend response teams, emergency response that plan to incorporate hazardous contractors, and equipment suppliers; waste management provisions that are and sufficient to comply with the require- (4) Arrangements to familiarize local ments of this Part. The owner or oper- hospitals with the properties of haz- ator may develop one contingency plan ardous waste handled at the facility which meets all regulatory require- and the types of injuries or illnesses ments. EPA recommends that the plan which could result from fires, explo- be based on the National Response sions, or releases at the facility. Team’s Integrated Contingency Plan (b) Where State or local authorities Guidance (‘‘One Plan’’). When modi- decline to enter into such arrange- fications are made to non-RCRA provi- ments, the owner or operator must doc- sions in an integrated contingency ument the refusal in the operating plan, the changes do not trigger the record. need for a RCRA permit modification. (c) The plan must describe arrange- Subpart D—Contingency Plan and ments agreed to by local police depart- Emergency Procedures ments, fire departments, hospitals, contractors, and State and local emer- § 265.50 Applicability. gency response teams to coordinate The regulations in this subpart apply emergency services, pursuant to to owners and operators of all haz- § 265.37. ardous waste facilities, except as § 265.1 (d) The plan must list names, ad- provides otherwise. dresses, and phone numbers (office and home) of all persons qualified to act as § 265.51 Purpose and implementation emergency coordinator (see § 265.55), of contingency plan. and this list must be kept up to date. (a) Each owner or operator must have Where more than one person is listed, a contingency plan for his facility. The one must be named as primary emer- contingency plan must be designed to gency coordinator and others must be minimize hazards to human health or listed in the order in which they will the environment from fires, explosions, assume responsibility as alternates.
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(e) The plan must include a list of all (e) The list of emergency equipment emergency equipment at the facility changes. (such as fire extinguishing systems, [45 FR 33232, May 19, 1980, as amended at 50 spill control equipment, communica- FR 4514, Jan. 31, 1985] tions and alarm systems (internal and external), and decontamination equip- § 265.55 Emergency coordinator. ment), where this equipment is re- quired. This list must be kept up to At all times, there must be at least one employee either on the facility date. In addition, the plan must in- premises or on call (i.e., available to clude the location and a physical de- respond to an emergency by reaching scription of each item on the list, and the facility within a short period of a brief outline of its capabilities. time) with the responsibility for co- (f) The plan must include an evacu- ordinating all emergency response ation plan for facility personnel where measures. This emergency coordinator there is a possibility that evacuation must be thoroughly familiar with all could be necessary. This plan must de- aspects of the facility’s contingency scribe signal(s) to be used to begin plan, all operations and activities at evacuation, evacuation routes, and al- the facility, the location and charac- ternate evacuation routes (in cases teristics of waste handled, the location where the primary routes could be of all records within the facility, and blocked by releases of hazardous waste the facility layout. In addition, this or fires). person must have the authority to [45 FR 33232, May 19, 1980, as amended at 46 commit the resources needed to carry FR 27480, May 20, 1981; 50 FR 4514, Jan. 31, out the contingency plan. 1985; 71 FR 16908, Apr. 4, 2006; 75 FR 13005, Mar. 18, 2010] [Comment: The emergency coordinator’s re- sponsibilities are more fully spelled out in § 265.56. Applicable responsibilities for the § 265.53 Copies of contingency plan. emergency coordinator vary, depending on A copy of the contingency plan and factors such as type and variety of waste(s) all revisions to the plan must be: handled by the facility, and type and com- (a) Maintained at the facility; and plexity of the facility.] (b) Submitted to all local police de- § 265.56 Emergency procedures. partments, fire departments, hospitals, and State and local emergency re- (a) Whenever there is an imminent or sponse teams that may be called upon actual emergency situation, the emer- to provide emergency services. gency coordinator (or his designee when the emergency coordinator is on [45 FR 33232, May 19, 1980, as amended at 50 call) must immediately: FR 4514, Jan. 31, 1985] (1) Activate internal facility alarms or communication systems, where ap- § 265.54 Amendment of contingency plicable, to notify all facility per- plan. sonnel; and The contingency plan must be re- (2) Notify appropriate State or local viewed, and immediately amended, if agencies with designated response roles necessary, whenever: if their help is needed. (a) Applicable regulations are re- (b) Whenever there is a release, fire, vised; or explosion, the emergency coordi- (b) The plan fails in an emergency; nator must immediately identify the (c) The facility changes—in its de- character, exact source, amount, and sign, construction, operation, mainte- areal extent of any released materials. nance, or other circumstances—in a He may do this by observation or re- way that materially increases the po- view of facility records or manifests tential for fires, explosions, or releases and, if necessary, by chemical analysis. of hazardous waste or hazardous waste (c) Concurrently, the emergency co- constituents, or changes the response ordinator must assess possible hazards necessary in an emergency; to human health or the environment (d) The list of emergency coordina- that may result from the release, fire, tors changes; or or explosion. This assessment must
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consider both direct and indirect ef- vide for treating, storing, or disposing fects of the release, fire, or explosion of recovered waste, contaminated soil (e.g., the effects of any toxic, irri- or surface water, or any other material tating, or asphyxiating gases that are that results from a release, fire, or ex- generated, or the effects of any haz- plosion at the facility. ardous surface water run-offs from [Comment: Unless the owner or operator can water or chemical agents used to con- demonstrate, in accordance with § 261.3(c) or trol fire and heat-induced explosions). (d) of this chapter, that the recovered mate- (d) If the emergency coordinator de- rial is not a hazardous waste, the owner or termines that the facility has had a re- operator becomes a generator of hazardous lease, fire, or explosion which could waste and must manage it in accordance threaten human health, or the environ- with all applicable requirements of parts 262, ment, outside the facility, he must re- 263, and 265 of this chapter.] port his findings as follows: (h) The emergency coordinator must (1) If his assessment indicates that ensure that, in the affected area(s) of evacuation of local areas may be advis- the facility: able, he must immediately notify ap- (1) No waste that may be incompat- propriate local authorities. He must be ible with the released material is treat- available to help appropriate officials ed, stored, or disposed of until cleanup decide whether local areas should be procedures are completed; and evacuated; and (2) All emergency equipment listed in (2) He must immediately notify ei- the contingency plan is cleaned and fit ther the government official des- for its intended use before operations ignated as the on-scene coordinator for are resumed. that geographical area, or the National (i) The owner or operator must note Response Center (using their 24-hour in the operating record the time, date, toll free number 800/424–8802). The re- and details of any incident that re- port must include: quires implementing the contingency (i) Name and telephone number of re- plan. Within 15 days after the incident, porter; he must submit a written report on the (ii) Name and address of facility; incident to the Regional Adminis- (iii) Time and type of incident (e.g., trator. The report must include: release, fire); (1) Name, address, and telephone (iv) Name and quantity of material(s) number of the owner or operator; involved, to the extent known; (2) Name, address, and telephone (v) The extent of injuries, if any; and number of the facility; (vi) The possible hazards to human (3) Date, time, and type of incident health, or the environment, outside the (e.g., fire, explosion); facility. (4) Name and quantity of material(s) (e) During an emergency, the emer- involved; gency coordinator must take all rea- (5) The extent of injuries, if any; (6) An assessment of actual or poten- sonable measures necessary to ensure tial hazards to human health or the en- that fires, explosions, and releases do vironment, where this is applicable; not occur, recur, or spread to other and hazardous waste at the facility. These (7) Estimated quantity and disposi- measures must include, where applica- tion of recovered material that re- ble, stopping processes and operations, sulted from the incident. collecting and containing released waste, and removing or isolating con- [45 FR 33232, May 19, 1980, as amended at 50 tainers. FR 4514, Jan. 31, 1985; 71 FR 16908, Apr. 4, (f) If the facility stops operations in 2006; 71 FR 40274, July 14, 2006; 75 FR 13006, response to a fire, explosion or release, Mar. 18, 2010] the emergency coordinator must mon- itor for leaks, pressure buildup, gas Subpart E—Manifest System, generation, or ruptures in valves, Recordkeeping, and Reporting pipes, or other equipment, wherever this is appropriate. § 265.70 Applicability. (g) Immediately after an emergency, (a) The regulations in this subpart the emergency coordinator must pro- apply to owners and operators of both
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on-site and off-site facilities, except as lowing address within thirty (30) days § 265.1 provides otherwise. Sections of delivery: Office of Enforcement and 265.71, 265.72, and 265.76 do not apply to Compliance Assurance, Office of Fed- owners and operators of on-site facili- eral Activities, International Compli- ties that do not receive any hazardous ance Assurance Division (2254A), Envi- waste from off-site sources, nor to own- ronmental Protection Agency, 1200 ers and operators of off-site facilities Pennsylvania Avenue, NW., Wash- with respect to waste military muni- ington, DC 20460. tions exempted from manifest require- (b) If a facility receives, from a rail ments under 40 CFR 266.203(a). or water (bulk shipment) transporter, (b) The revised Manifest form and hazardous waste which is accompanied procedures in 40 CFR 260.10, 261.7, by a shipping paper containing all the 265.70, 265.71. 265.72, and 265.76, shall not information required on the manifest apply until September 5, 2006. The (excluding the EPA identification num- Manifest form and procedures in 40 bers, generator’s certification, and sig- CFR 260.10, 261.7, 265.70, 265.71. 265.72, natures), the owner or operator, or his and 265.76, contained in the 40 CFR, agent, must: parts 260 to 265, edition revised as of (1) Sign and date each copy of the July 1, 2004, shall be applicable until manifest or shipping paper (if the September 5, 2006. manifest has not been received) to cer- tify that the hazardous waste covered [70 FR 10823, Mar. 4, 2005] by the manifest or shipping paper was § 265.71 Use of manifest system. received; (2) Note any significant discrepancies (a)(1) If a facility receives hazardous (as defined in § 265.72(a)) in the mani- waste accompanied by a manifest, the fest or shipping paper (if the manifest owner, operator or his/her agent must has not been received) on each copy of sign and date the manifest as indicated the manifest or shipping paper; in paragraph (a)(2) of this section to certify that the hazardous waste cov- [Comment: The Agency does not intend that ered by the manifest was received, that the owner or operator of a facility whose the hazardous waste was received ex- procedures under § 265.13(c) include waste cept as noted in the discrepancy space analysis must perform that analysis before signing the shipping paper and giving it to of the manifest, or that the hazardous the transporter. Section 265.72(b), however, waste was rejected as noted in the requires reporting an unreconciled discrep- manifest discrepancy space. ancy discovered during later analysis.] (2) If a facility receives a hazardous (3) Immediately give the rail or water waste shipment accompanied by a (bulk shipment) transporter at least manifest, the owner, operator or his/ one copy of the manifest or shipping her agent must: paper (if the manifest has not been (i) Sign and date, by hand, each copy received); of the manifest; (4) Within 30 days after the delivery, (ii) Note any discrepancies (as de- send a copy of the signed and dated fined in § 265.72(a)) on each copy of the manifest or a signed and dated copy of manifest; the shipping paper (if the manifest has (iii) Immediately give the trans- not been received within 30 days after porter at least one copy of the mani- delivery) to the generator; and fest; (iv) Within 30 days of delivery, send a [Comment: Section 262.23(c) of this chapter re- copy of the manifest to the generator; quires the generator to send three copies of and the manifest to the facility when hazardous (v) Retain at the facility a copy of waste is sent by rail or water (bulk ship- each manifest for at least three years ment).] from the date of delivery. (5) Retain at the facility a copy of (3) If a facility receives hazardous the manifest and shipping paper (if waste imported from a foreign source, signed in lieu of the manifest at the the receiving facility must mail a copy time of delivery) for at least three of the manifest and documentation years from the date of delivery. confirming EPA’s consent to the im- (c) Whenever a shipment of hazardous port of hazardous waste to the fol- waste is initiated from a facility, the
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owner or operator of that facility must (b) Significant differences in quan- comply with the requirements of part tity are: For bulk waste, variations 262 of this chapter. greater than 10 percent in weight; for batch waste, any variation in piece [Comment: The provisions of § 262.34 are appli- cable to the on-site accumulation of haz- count, such as a discrepancy of one ardous wastes by generators. Therefore, the drum in a truckload. Significant dif- provisions of § 262.34 only apply to owners or ferences in type are obvious differences operators who are shipping hazardous waste which can be discovered by inspection which they generated at that facility.] or waste analysis, such as waste sol- vent substituted for waste acid, or (d) Within three (3) working days of toxic constituents not reported on the the receipt of a shipment subject to 40 manifest or shipping paper. CFR part 262, subpart H, the owner or (c) Upon discovering a significant dif- operator of a facility must provide a ference in quantity or type, the owner copy of the movement document bear- or operator must attempt to reconcile ing all required signatures to the ex- the discrepancy with the waste gener- porter, to the Office of Enforcement ator or transporter (e.g., with tele- and Compliance Assurance, Office of phone conversations). If the discrep- Federal Activities, International Com- ancy is not resolved within 15 days pliance Assurance Division (2254A), En- after receiving the waste, the owner or vironmental Protection Agency, 1200 operator must immediately submit to Pennsylvania Avenue, NW., Wash- the Regional Administrator a letter de- ington, DC 20460, and to competent au- scribing the discrepancy and attempts thorities of all other countries con- to reconcile it, and a copy of the mani- cerned. The original copy of the move- fest or shipping paper at issue. ment document must be maintained at (d)(1) Upon rejecting waste or identi- the facility for at least three (3) years fying a container residue that exceeds from the date of signature. the quantity limits for ‘‘empty’’ con- (e) A facility must determine wheth- tainers set forth in 40 CFR 261.7(b), the er the consignment state for a ship- facility must consult with the gener- ment regulates any additional wastes ator prior to forwarding the waste to (beyond those regulated Federally) as another facility that can manage the hazardous wastes under its state haz- waste. If it is impossible to locate an ardous waste program. Facilities must alternative facility that can receive also determine whether the consign- the waste, the facility may return the ment state or generator state requires rejected waste or residue to the gener- the facility to submit any copies of the ator. The facility must send the waste manifest to these states. to the alternative facility or to the [45 FR 33232, May 19, 1980, as amended at 45 generator within 60 days of the rejec- FR 86970, 86974, Dec. 31, 1980; 50 FR 4514, Jan. tion or the container residue identi- 31, 1985; 61 FR 16315, Apr. 12, 1996; 70 FR 10823, fication. Mar. 4, 2005; 75 FR 1260, Jan. 8, 2010] (2) While the facility is making ar- rangements for forwarding rejected § 265.72 Manifest discrepancies. wastes or residues to another facility (a) Manifest discrepancies are: under this section, it must ensure that (1) Significant differences (as defined either the delivering transporter re- by paragraph (b) of this section) be- tains custody of the waste, or the facil- tween the quantity or type of haz- ity must provide for secure, temporary ardous waste designated on the mani- custody of the waste, pending delivery fest or shipping paper, and the quan- of the waste to the first transporter tity and type of hazardous waste a fa- designated on the manifest prepared cility actually receives; under paragraph (e) or (f) of this sec- (2) Rejected wastes, which may be a tion. full or partial shipment of hazardous (e) Except as provided in paragraph waste that the TSDF cannot accept; or (e)(7) of this section, for full or partial (3) Container residues, which are resi- load rejections and residues that are to dues that exceed the quantity limits be sent off-site to an alternate facility, for ‘‘empty’’ containers set forth in 40 the facility is required to prepare a CFR 261.7(b). new manifest in accordance with
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§ 262.20(a) of this chapter and the fol- and residues that must be sent back to lowing instructions: the generator, the facility is required (1) Write the generator’s U.S. EPA ID to prepare a new manifest in accord- number in Item 1 of the new manifest. ance with § 262.20(a) of this chapter and Write the generator’s name and mail- the following instructions: ing address in Item 5 of the new mani- (1) Write the facility’s U.S. EPA ID fest. If the mailing address is different number in Item 1 of the new manifest. from the generator’s site address, then Write the facility’s name and mailing write the generator’s site address in address in Item 5 of the new manifest. the designated space in Item 5. If the mailing address is different from (2) Write the name of the alternate the facility’s site address, then write designated facility and the facility’s the facility’s site address in the des- U.S. EPA ID number in the designated ignated space for Item 5 of the new facility block (Item 8) of the new mani- manifest. fest. (2) Write the name of the initial gen- (3) Copy the manifest tracking num- erator and the generator’s U.S. EPA ID ber found in Item 4 of the old manifest number in the designated facility block to the Special Handling and Additional (Item 8) of the new manifest. Information Block of the new manifest, (3) Copy the manifest tracking num- and indicate that the shipment is a res- ber found in Item 4 of the old manifest idue or rejected waste from the pre- to the Special Handling and Additional vious shipment. Information Block of the new manifest, (4) Copy the manifest tracking num- and indicate that the shipment is a res- ber found in Item 4 of the new manifest idue or rejected waste from the pre- to the manifest reference number line vious shipment, in the Discrepancy Block of the old (4) Copy the manifest tracking num- manifest (Item 18a). ber found in Item 4 of the new manifest (5) Write the DOT description for the to the manifest reference number line rejected load or the residue in Item 9 in the Discrepancy Block of the old (U.S. DOT Description) of the new manifest (Item 18a), manifest and write the container types, (5) Write the DOT description for the quantity, and volume(s) of waste. rejected load or the residue in Item 9 (6) Sign the Generator’s/Offeror’s Cer- (U.S. DOT Description) of the new tification to certify, as the offeror of manifest and write the container types, the shipment, that the waste has been quantity, and volume(s) of waste. properly packaged, marked and labeled (6) Sign the Generator’s/Offeror’s Cer- and is in proper condition for transpor- tification to certify, as offeror of the tation, and mail a signed copy of the shipment, that the waste has been manifest to the generator identified in properly packaged, marked and labeled Item 5 of the new manifest. and is in proper condition for transpor- (7) For full load rejections that are tation, made while the transporter remains (7) For full load rejections that are present at the facility, the facility may made while the transporter remains at forward the rejected shipment to the the facility, the facility may return alternate facility by completing Item the shipment to the generator with the 18b of the original manifest and sup- original manifest by completing Item plying the information on the next des- 18a and 18b of the manifest and sup- tination facility in the Alternate Fa- plying the generator’s information in cility space. The facility must retain a the Alternate Facility space. The facil- copy of this manifest for its records, ity must retain a copy for its records and then give the remaining copies of and then give the remaining copies of the manifest to the transporter to ac- the manifest to the transporter to ac- company the shipment. If the original company the shipment. If the original manifest is not used, then the facility manifest is not used, then the facility must use a new manifest and comply must use a new manifest and comply with paragraphs (e)(1), (2), (3), (4), (5), with paragraphs (f)(1), (2), (3), (4), (5), and (6) of this section. (6), and (8) of this section. (f) Except as provided in paragraph (8) For full or partial load rejections (f)(7) of this section, for rejected wastes and container residues contained in
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non-empty containers that are re- in the operating record until closure of turned to the generator, the facility the facility; must also comply with the exception [Comment: See §§ 265.119, 265.279, and 265.309 reporting requirements in § 262.42(a). for related requirements.] (g) If a facility rejects a waste or identifies a container residue that ex- (3) Records and results of waste anal- ceeds the quantity limits for ‘‘empty’’ ysis, waste determinations, and trial containers set forth in 40 CFR 261.7(b) tests performed as specified in §§ 265.13, after it has signed, dated, and returned 265.200, 265.225, 265.252, 265.273, 265.314, a copy of the manifest to the delivering 265.341, 265.375, 265.402, 265.1034, 265.1063, transporter or to the generator, the fa- 265.1084, 268.4(a), and 268.7 of this chap- cility must amend its copy of the ter. manifest to indicate the rejected (4) Summary reports and details of wastes or residues in the discrepancy all incidents that require imple- space of the amended manifest. The fa- menting the contingency plan as speci- cility must also copy the manifest fied in § 265.56(j); tracking number from Item 4 of the (5) Records and results of inspections new manifest to the discrepancy space as required by § 265.15(d) (except these of the amended manifest, and must re- data need be kept only three years); sign and date the manifest to certify to (6) Monitoring, testing or analytical the information as amended. The facil- data, and corrective action where re- ity must retain the amended manifest quired by subpart F of this part and by for at least three years from the date §§ 265.19, 265.94, 265.191, 265.193, 265.195, of amendment, and must within 30 265.224, 265.226, 265.255, 265.260, 265.276, days, send a copy of the amended mani- 265.278, 265.280(d)(1), 265.302, 265.304, fest to the transporter and generator 265.347, 265.377, 265.1034(c) through that received copies prior to their 265.1034(f), 265.1035, 265.1063(d) through being amended. 265. 265.1063(i), 265.1064, and 265.1083 through 265.1090. Maintain in the oper- [70 FR 10823, Mar. 4, 2005, as amended at 70 ating record for three years, except for FR 35041, June 16, 2005; 75 FR 13006, Mar. 18, records and results pertaining to 2010] ground-water monitoring and cleanup, § 265.73 Operating record. and response action plans for surface impoundments, waste piles, and land- (a) The owner or operator must keep fills, which must be maintained in the a written operating record at his operating record until closure of the fa- facility. cility. (b) The following information must be recorded, as it becomes available, [Comment: As required by § 265.94, monitoring and maintained in the operating record data at disposal facilities must be kept for three years unless noted below: throughout the post-closure period.] (1) A description and the quantity of (7) All closure cost estimates under each hazardous waste received, and the § 265.142 and, for disposal facilities, all method(s) and date(s) of its treatment, post-closure cost estimates under storage, or disposal at the facility as § 265.144 must be maintained in the op- required by Appendix I to part 265. This erating record until closure of the fa- information must be maintained in the cility. operating record until closure of the fa- (8) Records of the quantities (and cility; date of placement) for each shipment (2) The location of each hazardous of hazardous waste placed in land dis- waste within the facility and the quan- posal units under an extension to the tity at each location. For disposal fa- effective date of any land disposal re- cilities, the location and quantity of striction granted pursuant to § 268.5 of each hazardous waste must be recorded this chapter, monitoring data required on a map or diagram of each cell or dis- pursuant to a petition under § 268.6 of posal area. For all facilities, this infor- this chapter, or a certification under mation must include cross-references § 268.8 of this chapter, and the applica- to manifest document numbers if the ble notice required by a generator waste was accompanied by a manifest. under § 268.7(a) of this chapter. All of This information must be maintained this information must be maintained
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in the operating record until closure of nished upon request, and made avail- the facility. able at all reasonable times for inspec- (9) For an off-site treatment facility, tion, by any officer, employee, or rep- a copy of the notice, and the certifi- resentative of EPA who is duly des- cation and demonstration if applicable, ignated by the Administrator. required by the generator or the owner (b) The retention period for all or operator under § 268.7 or § 268.8; records required under this part is ex- (10) For an on-site treatment facility, tended automatically during the course the information contained in the no- of any unresolved enforcement action tice (except the manifest number), and regarding the facility or as requested the certification and demonstration if by the Administrator. applicable, required by the generator (c) A copy of records of waste dis- or the owner or operator under § 268.7 posal locations and quantities under or § 268.8; § 265.73(b)(2) must be submitted to the (11) For an off-site land disposal fa- Regional Administrator and local land cility, a copy of the notice, and the cer- authority upon closure of the facility tification and demonstration if appli- (see § 265.119). cable, required by the generator or the [45 FR 33232, May 19, 1980, as amended at 50 owner or operator of a treatment facil- FR 4514, Jan. 31, 1985] ity under § 268.7 or § 268.8; (12) For an on-site land disposal facil- § 265.75 Biennial report. ity, the information contained in the The owner or operator must prepare notice (except the manifest number), and submit a single copy of a biennial and the certification and demonstra- report to the Regional Administrator tion if applicable, required by the by March 1 of each even numbered generator or the owner or operator of a year. The biennial report must be sub- treatment facility under § 268.7 or mitted on EPA Form 8700–13B. The § 268.8. report must cover facility activities (13) For an off-site storage facility, a during the previous calendar year and copy of the notice, and the certifi- cation and demonstration if applicable, must include the following required by the generator or the owner information: or operator under § 268.7 or § 268.8; and (a) The EPA identification number, (14) For an on-site storage facility, name, and address of the facility; the information contained in the no- (b) The calendar year covered by the tice (except the manifest number), and report; the certification and demonstration if (c) For off-site facilities, the EPA applicable, required by the generator identification number of each haz- or the owner or operator of a treat- ardous waste generator from which the ment facility under § 268.7 or § 268.8. facility received a hazardous waste (15) Monitoring, testing or analytical during the year; for imported ship- data, and corrective action where re- ments, the report must give the name quired by §§ 265.90, 265.93(d)(2), and and address of the foreign generator; 265.93(d)(5), and the certification as re- (d) A description and the quantity of quired by § 265.196(f) must be main- each hazardous waste the facility re- tained in the operating record until ceived during the year. For off-site fa- closure of the facility. cilities, this information must be listed by EPA identification number of each [45 FR 33232, May 19, 1980, as amended at 50 generator; FR 4514, Jan. 31, 1985; 50 FR 18374, Apr. 30, (e) The method of treatment, storage, 1985; 51 FR 40638, Nov. 7, 1986; 53 FR 31211, or disposal for each hazardous waste; Aug. 17, 1988; 54 FR 26648, June 23, 1989; 55 FR 25507, June 21, 1990; 56 FR 19290, Apr. 26, 1991; (f) Monitoring data under 57 FR 3492, Jan. 29, 1992; 59 FR 62935, Dec. 6, § 265.94(a)(2)(ii) and (iii), and (b)(2), 1994; 62 FR 64661, Dec. 8, 1997; 71 FR 16908, where required; Apr. 4, 2006] (g) The most recent closure cost esti- mate under § 265.142, and, for disposal § 265.74 Availability, retention, and facilities, the most recent post-closure disposition of records. cost estimate under § 265.144; and (a) All records, including plans, re- (h) For generators who treat, store, quired under this part must be fur- or dispose of hazardous waste on-site, a
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description of the efforts undertaken the owner or operator must also report during the year to reduce the volume to the Regional Administrator: and toxicity of waste generated. (a) Releases, fires, and explosions as (i) For generators who treat, store, or specified in § 265.56(j); dispose of hazardous waste on-site, a (b) Ground-water contamination and description of the changes in volume monitoring data as specified in §§ 265.93 and toxicity of waste actually achieved and 265.94; and during the year in comparison to pre- (c) Facility closure as specified in vious years to the extent such informa- § 265.115. tion is available for the years prior to (d) As otherwise required by Subparts 1984. AA, BB, and CC of this part. (j) The certification signed by the [45 FR 33232, May 19, 1980, as amended at 48 owner or operator of the facility or his FR 3982, Jan. 28, 1983; 55 FR 25507, June 21, authorized representative. 1990; 59 FR 62935, Dec. 6, 1994] [45 FR 33232, May 19, 1980, as amended at 48 FR 3982, Jan. 28, 1983; 50 FR 4514, Jan. 31, Subpart F—Ground-Water 1985; 51 FR 28556, Aug. 8, 1986] Monitoring
§ 265.76 Unmanifested waste report. § 265.90 Applicability. (a) If a facility accepts for treatment, (a) Within one year after the effec- storage, or disposal any hazardous tive date of these regulations, the waste from an off-site source without owner or operator of a surface im- an accompanying manifest, or without poundment, landfill, or land treatment an accompanying shipping paper as de- facility which is used to manage haz- scribed by § 263.20(e) of this chapter, ardous waste must implement a and if the waste is not excluded from ground-water monitoring program ca- the manifest requirement by this chap- pable of determining the facility’s im- ter, then the owner or operator must pact on the quality of ground water in prepare and submit a letter to the Re- the uppermost aquifer underlying the gional Administrator within fifteen facility, except as § 265.1 and paragraph days after receiving the waste. The (c) of this section provide otherwise. unmanifested waste report must con- (b) Except as paragraphs (c) and (d) of tain the following information: this section provide otherwise, the (1) The EPA identification number, owner or operator must install, oper- name and address of the facility; ate, and maintain a ground-water mon- (2) The date the facility received the itoring system which meets the re- waste; quirements of § 265.91, and must comply (3) The EPA identification number, with §§ 265.92 through 265.94. This name and address of the generator and ground-water monitoring program the transporter, if available; must be carried out during the active (4) A description and the quantity of life of the facility, and for disposal fa- each unmanifested hazardous waste the cilities, during the post-closure care facility received; period as well. (5) The method of treatment, storage, (c) All or part of the ground-water or disposal for each hazardous waste; monitoring requirements of this sub- (6) The certification signed by the part may be waived if the owner or op- owner or operator of the facility or his erator can demonstrate that there is a authorized representative; and low potential for migration of haz- (7) A brief explanation of why the ardous waste or hazardous waste con- waste was unmanifested, if known. stituents from the facility via the up- (b) [Reserved] permost aquifer to water supply wells (domestic, industrial, or agricultural) [70 FR 10824, Mar. 4, 2005] or to surface water. This demonstra- tion must be in writing, and must be § 265.77 Additional reports. kept at the facility. This demonstra- In addition to submitting the bien- tion must be certified by a qualified ge- nial report and unmanifested waste re- ologist or geotechnical engineer and ports described in §§ 265.75 and 265.76, must establish the following:
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(1) The potential for migration of (5) Comply with the recordkeeping hazardous waste or hazardous waste and reporting requirements in constituents from the facility to the § 265.94(b). uppermost aquifer, by an evaluation of: (e) The ground-water monitoring re- (i) A water balance of precipitation, quirements of this subpart may be evapotranspiration, runoff, and infil- waived with respect to any surface im- tration; and poundment that (1) Is used to neu- (ii) Unsaturated zone characteristics tralize wastes which are hazardous (i.e., geologic materials, physical prop- solely because they exhibit the erties, and depth to ground water); and corrosivity characteristic under § 261.22 (2) The potential for hazardous waste of this chapter or are listed as haz- or hazardous waste constituents which ardous wastes in subpart D of part 261 enter the uppermost aquifer to migrate of this chapter only for this reason, to a water supply well or surface water, and (2) contains no other hazardous by an evaluation of: wastes, if the owner or operator can (i) Saturated zone characteristics demonstrate that there is no potential (i.e., geologic materials, physical prop- for migration of hazardous wastes from erties, and rate of ground-water flow); the impoundment. The demonstration and must establish, based upon consider- (ii) The proximity of the facility to ation of the characteristics of the water supply wells or surface water. wastes and the impoundment, that the (d) If an owner or operator assumes corrosive wastes will be neutralized to (or knows) that ground-water moni- the extent that they no longer meet toring of indicator parameters in ac- the corrosivity characteristic before cordance with §§ 265.91 and 265.92 would they can migrate out of the impound- show statistically significant increases ment. The demonstration must be in (or decreases in the case of pH) when writing and must be certified by a evaluated under § 265.93(b), he may in- qualified professional. stall, operate, and maintain an alter- (f) The Regional Administrator may nate ground-water monitoring system replace all or part of the requirements (other than the one described in of this subpart applying to a regulated §§ 265.91 and 265.92). If the owner or op- unit (as defined in 40 CFR 264.90), with erator decides to use an alternate alternative requirements developed for ground-water monitoring system he groundwater monitoring set out in an must: approved closure or post-closure plan (1) Within one year after the effective or in an enforceable document (as de- date of these regulations, develop a fined in 40 CFR 270.1(c)(7)), where the specific plan, certified by a qualified Regional Administrator determines geologist or geotechnical engineer, that: which satisfies the requirements of (1) A regulated unit is situated § 265.93(d)(3), for an alternate ground- among solid waste management units water monitoring system. This plan is (or areas of concern), a release has oc- to be placed in the facility’s operating curred, and both the regulated unit and record and maintained until closure of one or more solid waste management the facility. unit(s) (or areas of concern) are likely (2) Not later than one year after the to have contributed to the release; and effective date of these regulations, ini- (2) It is not necessary to apply the re- tiate the determinations specified in quirements of this subpart because the § 265.93(d)(4); alternative requirements will protect (3) Prepare a report in accordance human health and the environment. with § 265.93(d)(5) and place it in the fa- The alternative standards for the regu- cility’s operating record and maintain lated unit must meet the requirements until closure of the facility. of 40 CFR 264.101(a). (4) Continue to make the determina- [45 FR 33232, May 19, 1980, as amended at 47 tions specified in § 265.93(d)(4) on a FR 1255, Jan. 11, 1982; 50 FR 4514, Jan. 31, quarterly basis until final closure of 1985; 63 FR 56734, Oct. 22, 1998; 71 FR 16909, the facility; and Apr. 4, 2006; 71 FR 40274, July 14, 2006]
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§ 265.91 Ground-water monitoring sys- a facility are not required provided tem. that provisions for sampling (a) A ground-water monitoring sys- upgradient and downgradient water tem must be capable of yielding quality will detect any discharge from ground-water samples for analysis and the waste management area. must consist of: (1) In the case of a facility consisting (1) Monitoring wells (at least one) in- of only one surface impoundment, land- stalled hydraulically upgradient (i.e., fill, or land treatment area, the waste in the direction of increasing static management area is described by the head) from the limit of the waste man- waste boundary (perimeter). agement area. Their number, locations, (2) In the case of a facility consisting and depths must be sufficient to yield of more than one surface impound- ground-water samples that are: ment, landfill, or land treatment area, (i) Representative of background the waste management area is de- ground-water quality in the uppermost scribed by an imaginary boundary line aquifer near the facility; and which circumscribes the several waste (ii) Not affected by the facility; and management components. (2) Monitoring wells (at least three) (c) All monitoring wells must be installed hydraulically downgradient cased in a manner that maintains the (i.e., in the direction of decreasing integrity of the monitoring well bore static head) at the limit of the waste hole. This casing must be screened or management area. Their number, loca- perforated, and packed with gravel or tions, and depths must ensure that sand where necessary, to enable sample they immediately detect any statis- collection at depths where appropriate tically significant amounts of haz- aquifer flow zones exist. The annular space (i.e., the space between the bore ardous waste or hazardous waste con- hole and well casing) above the sam- stituents that migrate from the waste pling depth must be sealed with a suit- management area to the uppermost aq- able material (e.g., cement grout or uifer. bentonite slurry) to prevent contami- (3) The facility owner or operator nation of samples and the ground may demonstrate that an alternate hy- water. draulically downgradient monitoring well location will meet the criteria [45 FR 33232, May 19, 1980, as amended at 50 outlined below. The demonstration FR 4514, Jan. 31, 1985; 56 FR 66369, Dec. 23, must be in writing and kept at the fa- 1991] cility. The demonstration must be cer- § 265.92 Sampling and analysis. tified by a qualified ground-water sci- entist and establish that: (a) The owner or operator must ob- (i) An existing physical obstacle pre- tain and analyze samples from the in- vents monitoring well installation at stalled ground-water monitoring sys- the hydraulically downgradient limit tem. The owner or operator must de- of the waste management area; and velop and follow a ground-water sam- (ii) The selected alternate pling and analysis plan. He must keep downgradient location is as close to this plan at the facility. The plan must the limit of the waste management include procedures and techniques for: area as practical; and (1) Sample collection; (iii) The location ensures detection (2) Sample preservation and ship- that, given the alternate location, is as ment; early as possible of any statistically (3) Analytical procedures; and significant amounts of hazardous waste (4) Chain of custody control. or hazardous waste constituents that [Comment: See ‘‘Procedures Manual For migrate from the waste management Ground-water Monitoring At Solid Waste area to the uppermost aquifer. Disposal Facilities,’’ EPA–530/SW–611, Au- (iv) Lateral expansion, new, or re- gust 1977 and ‘‘Methods for Chemical Anal- placement units are not eligible for an ysis of Water and Wastes,’’ EPA–600/4–79–020, alternate downgradient location under March 1979 for discussions of sampling and this paragraph. analysis procedures.] (b) Separate monitoring systems for (b) The owner or operator must de- each waste management component of termine the concentration or value of
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the following parameters in ground- be determined each time a sample is water samples in accordance with para- obtained. graphs (c) and (d) of this section: (1) Parameters characterizing the [45 FR 33232, May 19, 1980, as amended at 50 FR 4514, Jan. 31, 1985] suitability of the ground water as a drinking water supply, as specified in § 265.93 Preparation, evaluation, and appendix III. response. (2) Parameters establishing ground- water quality: (a) Within one year after the effec- (i) Chloride tive date of these regulations, the (ii) Iron owner or operator must prepare an out- (iii) Manganese line of a ground-water quality assess- (iv) Phenols ment program. The outline must de- (v) Sodium scribe a more comprehensive ground- (vi) Sulfate water monitoring program (than that described in §§ 265.91 and 265.92) capable [Comment: These parameters are to be used of determining: as a basis for comparison in the event a ground-water quality assessment is required (1) Whether hazardous waste or haz- under § 265.93(d).] ardous waste constituents have entered the ground water; (3) Parameters used as indicators of ground-water contamination: (2) The rate and extent of migration (i) pH of hazardous waste or hazardous waste (ii) Specific Conductance constituents in the ground water; and (iii) Total Organic Carbon (3) The concentrations of hazardous (iv) Total Organic Halogen waste or hazardous waste constituents (c)(1) For all monitoring wells, the in the ground water. owner or operator must establish ini- (b) For each indicator parameter tial background concentrations or val- specified in § 265.92(b)(3), the owner or ues of all parameters specified in para- operator must calculate the arithmetic graph (b) of this section. He must do mean and variance, based on at least this quarterly for one year. four replicate measurements on each (2) For each of the indicator param- sample, for each well monitored in ac- eters specified in paragraph (b)(3) of cordance with § 265.92(d)(2), and com- this section, at least four replicate pare these results with its initial back- measurements must be obtained for ground arithmetic mean. The compari- each sample and the initial background son must consider individually each of arithmetic mean and variance must be the wells in the monitoring system, determined by pooling the replicate and must use the Student’s t-test at measurements for the respective pa- the 0.01 level of significance (see appen- rameter concentrations or values in dix IV) to determine statistically sig- samples obtained from upgradient nificant increases (and decreases, in wells during the first year. the case of pH) over initial background. (d) After the first year, all moni- (c)(1) If the comparisons for the toring wells must be sampled and the samples analyzed with the following upgradient wells made under paragraph frequencies: (b) of this section show a significant in- (1) Samples collected to establish crease (or pH decrease), the owner or ground-water quality must be obtained operator must submit this information and analyzed for the parameters speci- in accordance with § 265.94(a)(2)(ii). fied in paragraph (b)(2) of this section (2) If the comparisons for at least annually. downgradient wells made under para- (2) Samples collected to indicate graph (b) of this section show a signifi- ground-water contamination must be cant increase (or pH decrease), the obtained and analyzed for the param- owner or operator must then imme- eters specified in paragraph (b)(3) of diately obtain additional ground-water this section at least semi-annually. samples from those downgradient wells (e) Elevation of the ground-water where a significant difference was de- surface at each monitoring well must tected, split the samples in two, and
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obtain analyses of all additional sam- (6) If the owner or operator deter- ples to determine whether the signifi- mines, based on the results of the first cant difference was a result of labora- determination under paragraph (d)(4) of tory error. this section, that no hazardous waste (d)(1) If the analyses performed under or hazardous waste constituents from paragraph (c)(2) of this section confirm the facility have entered the ground the significant increase (or pH de- water, then he may reinstate the indi- crease), the owner or operator must cator evaluation program described in provide written notice to the Regional § 265.92 and paragraph (b) of this sec- Administrator—within seven days of tion. If the owner or operator rein- the date of such confirmation—that states the indicator evaluation pro- the facility may be affecting ground- gram, he must so notify the Regional water quality. Administrator in the report submitted (2) Within 15 days after the notifica- tion under paragraph (d)(1) of this sec- under paragraph (d)(5) of this section. tion, the owner or operator must de- (7) If the owner or operator deter- velop a specific plan, based on the out- mines, based on the first determination line required under paragraph (a) of under paragraph (d)(4) of this section, this section and certified by a qualified that hazardous waste or hazardous geologist or geotechnical engineer, for waste constituents from the facility a ground-water quality assessment at have entered the ground water, then the facility. This plan must be placed he: in the facility operating record and be (i) Must continue to make the deter- maintained until closure of the facil- minations required under paragraph ity. (d)(4) of this section on a quarterly (3) The plan to be submitted under basis until final closure of the facility, § 265.90(d)(1) or paragraph (d)(2) of this if the ground-water quality assessment section must specify: plan was implemented prior to final (i) The number, location, and depth closure of the facility; or of wells; (ii) May cease to make the deter- (ii) Sampling and analytical methods minations required under paragraph for those hazardous wastes or haz- (d)(4) of this section, if the ground- ardous waste constituents in the facil- water quality assessment plan was im- ity; plemented during the post-closure care (iii) Evaluation procedures, including any use of previously-gathered ground- period. water quality information; and (e) Notwithstanding any other provi- (iv) A schedule of implementation. sion of this subpart, any ground-water (4) The owner or operator must im- quality assessment to satisfy the re- plement the ground-water quality as- quirements of § 265.93(d)(4) which is ini- sessment plan which satisfies the re- tiated prior to final closure of the fa- quirements of paragraph (d)(3) of this cility must be completed and reported section, and, at a minimum, determine: in accordance with § 265.93(d)(5). (i) The rate and extent of migration (f) Unless the ground water is mon- of the hazardous waste or hazardous itored to satisfy the requirements of waste constituents in the ground § 265.93(d)(4), at least annually the water; and owner or operator must evaluate the (ii) The concentrations of the haz- data on ground-water surface ele- ardous waste or hazardous waste con- vations obtained under § 265.92(e) to de- stituents in the ground water. termine whether the requirements (5) The owner or operator must make under § 265.91(a) for locating the moni- his first determination under para- toring wells continues to be satisfied. graph (d)(4) of this section, as soon as If the evaluation shows that § 265.91(a) technically feasible, and prepare a re- is no longer satisfied, the owner or op- port containing an assessment of erator must immediately modify the ground-water quality. This report must be placed in the facility operating number, location, or depth of the moni- record and be maintained until closure toring wells to bring the ground-water of the facility.
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monitoring system into compliance (1) Keep records of the analyses and with this requirement. evaluations specified in the plan, which [45 FR 33232, May 19, 1980, as amended at 50 satisfies the requirements of FR 4514, Jan. 31, 1985; 71 FR 16909, Apr. 4, § 265.93(d)(3), throughout the active life 2006] of the facility, and, for disposal facili- ties, throughout the post-closure care § 265.94 Recordkeeping and reporting. period as well; and (a) Unless the ground water is mon- (2) Annually, until final closure of itored to satisfy the requirements of the facility, submit to the Regional § 265.93(d)(4), the owner or operator Administrator a report containing the must: results of his or her ground-water qual- (1) Keep records of the analyses re- ity assessment program which in- quired in § 265.92(c) and (d), the associ- cludes, but is not limited to, the cal- ated ground-water surface elevations culated (or measured) rate of migra- required in § 265.92(e), and the evalua- tion of hazardous waste or hazardous tions required in § 265.93(b) throughout waste constituents in the ground water the active life of the facility, and, for during the reporting period. This infor- disposal facilities, throughout the post- mation must be submitted no later closure care period as well; and than March 1 following each calendar (2) Report the following ground-water year. monitoring information to the Re- gional Administrator: [45 FR 33232, May 19, 1980, as amended at 48 FR 3982, Jan. 28, 1983; 50 FR 4514, Jan. 31, (i) During the first year when initial 1985] background concentrations are being established for the facility: concentra- tions or values of the parameters listed Subpart G—Closure and Post- in § 265.92(b)(1) for each ground-water Closure monitoring well within 15 days after completing each quarterly analysis. SOURCE: 51 FR 16451, May 2, 1986, unless The owner or operator must separately otherwise noted. identify for each monitoring well any parameters whose concentration or § 265.110 Applicability. value has been found to exceed the Except as § 265.1 provides otherwise: maximum contaminant levels listed in (a) Sections 265.111 through 265.115 appendix III. (which concern closure) apply to the (ii) Annually: Concentrations or val- owners and operators of all hazardous ues of the parameters listed in waste management facilities; and § 265.92(b)(3) for each ground-water (b) Sections 265.116 through 265.120 monitoring well, along with the re- (which concern post-closure care) apply quired evaluations for these param- to the owners and operators of: eters under § 265.93(b). The owner or op- erator must separately identify any (1) All hazardous waste disposal fa- significant differences from initial cilities; background found in the upgradient (2) Waste piles and surface impound- wells, in accordance with § 265.93(c)(1). ments for which the owner or operator During the active life of the facility, intends to remove the wastes at clo- this information must be submitted no sure to the extent that these sections later than March 1 following each cal- are made applicable to such facilities endar year. in § 265.228 or § 265.258; (iii) No later than March 1 following (3) Tank systems that are required each calendar year: Results of the eval- under § 265.197 to meet requirements for uations of ground-water surface ele- landfills; and vations under § 265.93(f), and a descrip- (4) Containment buildings that are tion of the response to that evaluation, required under § 265.1102 to meet the re- where applicable. quirement for landfills. (b) If the ground water is monitored (c) Section 265.121 applies to owners to satisfy the requirements of and operators of units that are subject § 265.93(d)(4), the owner or operator to the requirements of 40 CFR must: 270.1(c)(7) and are regulated under an
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enforceable document (as defined in 40 § 265.112 Closure plan; amendment of CFR 270.1(c)(7)). plan. (d) The Regional Administrator may (a) Written plan. By May 19, 1981, or replace all or part of the requirements by six months after the effective date of this subpart (and the unit-specific of the rule that first subjects a facility standards in § 265.111(c)) applying to a to provisions of this section, the owner regulated unit (as defined in 40 CFR or operator of a hazardous waste man- 264.90), with alternative requirements agement facility must have a written for closure set out in an approved clo- closure plan. Until final closure is com- sure or post-closure plan, or in an en- pleted and certified in accordance with forceable document (as defined in 40 § 265.115, a copy of the most current CFR 270.1(c)(7)), where the Regional plan must be furnished to the Regional Administrator determines that: Administrator upon request, including (1) A regulated unit is situated request by mail. In addition, for facili- among solid waste management units ties without approved plans, it must (or areas of concern), a release has oc- also be provided during site inspec- curred, and both the regulated unit and tions, on the day of inspection, to any one or more solid waste management officer, employee, or representative of unit(s) (or areas of concern) are likely the Agency who is duly designated by to have contributed to the release, and the Administrator. (2) It is not necessary to apply the (b) Content of plan. The plan must closure requirements of this subpart identify steps necessary to perform (and/or those referenced herein) be- partial and/or final closure of the facil- cause the alternative requirements will ity at any point during its active life. protect human health and the environ- The closure plan must include, at least: ment, and will satisfy the closure per- (1) A description of how each haz- formance standard of § 265.111 (a) and ardous waste management unit at the (b). facility will be closed in accordance with § 265.111; and [51 FR 16451, May 2, 1986, as amended at 51 (2) A description of how final closure FR 25479, July 14, 1986; 53 FR 34086, Sept. 2, of the facility will be conducted in ac- 1988; 57 FR 37267, Aug. 18, 1992; 63 FR 56734, Oct. 22, 1998; 71 FR 40274, July 14, 2006] cordance with § 265.111. The description must identify the maximum extent of § 265.111 Closure performance stand- the operation which will be unclosed ard. during the active life of the facility; and The owner or operator must close the facility in a manner that: (3) An estimate of the maximum in- ventory of hazardous wastes ever on- (a) Minimizes the need for further site over the active life of the facility maintenance, and and a detailed description of the meth- (b) Controls, minimizes or elimi- ods to be used during partial and final nates, to the extent necessary to pro- closure, including, but not limited to tect human health and the environ- methods for removing, transporting, ment, post-closure escape of hazardous treating, storing or disposing of all waste, hazardous constituents, leach- hazardous waste, identification of and ate, contaminated run-off, or haz- the type(s) of off-site hazardous waste ardous waste decomposition products management unit(s) to be used, if ap- to the ground or surface waters or to plicable; and the atmosphere, and (4) A detailed description of the steps (c) Complies with the closure require- needed to remove or decontaminate all ments of this subpart, including, but hazardous waste residues and contami- not limited to, the requirements of nated containment system compo- §§ 265.197, 265.228, 265.258, 265.280, 265.310, nents, equipment, structures, and soils 265.351, 265.381, 265.404, and 265.1102. during partial and final closure includ- [51 FR 16451, May 2, 1986, as amended at 57 ing, but not limited to, procedures for FR 37267, Aug. 18, 1992; 71 FR 40275, July 14, cleaning equipment and removing con- 2006] taminated soils, methods for sampling
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and testing surrounding soils, and cri- (i) Changes in operating plans or fa- teria for determining the extent of de- cility design affect the closure plan, or contamination necessary to satisfy the (ii) There is a change in the expected closure performance standard; and year of closure, if applicable, or (5) A detailed description of other ac- (iii) In conducting partial or final tivities necessary during the partial closure activities, unexpected events and final closure periods to ensure that require a modification of the closure all partial closures and final closure plan. satisfy the closure performance stand- (iv) The owner or operator requests ards, including, but not limited to, the Regional Administrator to apply ground-water monitoring, leachate col- alternative requirements to a regu- lection, and run-on and run-off control; lated unit under §§ 265.90(f), 265.110(d), and and/or 265.140(d). (6) A schedule for closure of each haz- (2) The owner or operator must ardous waste management unit and for amend the closure plan at least 60 days final closure of the facility. The sched- prior to the proposed change in facility ule must include, at a minimum, the design or operation, or no later than 60 total time required to close each haz- days after an unexpected event has oc- ardous waste management unit and the curred which has affected the closure time required for intervening closure plan. If an unexpected event occurs activities which will allow tracking of during the partial or final closure pe- the progress of partial and final clo- riod, the owner or operator must sure. (For example, in the case of a amend the closure plan no later than 30 landfill unit, estimates of the time re- days after the unexpected event. These quired to treat or dispose of all haz- provisions also apply to owners or op- ardous waste inventory and of the time erators of surface impoundments and required to place a final cover must be waste piles who intended to remove all hazardous wastes at closure, but are re- included.); and quired to close as landfills in accord- (7) An estimate of the expected year ance with § 265.310. of final closure for facilities that use (3) An owner or operator with an ap- trust funds to demonstrate financial proved closure plan must submit the assurance under § 265.143 or § 265.145 and modified plan to the Regional Adminis- whose remaining operating life is less trator at least 60 days prior to the pro- than twenty years, and for facilities posed change in facility design or oper- without approved closure plans. ation, or no more than 60 days after an (8) For facilities where the Regional unexpected event has occurred which Administrator has applied alternative has affected the closure plan. If an un- requirements at a regulated unit under expected event has occurred during the §§ 265.90(f), 265.110(d), and/or 265.140(d), partial or final closure period, the either the alternative requirements ap- owner or operator must submit the plying to the regulated unit, or a ref- modified plan no more than 30 days erence to the enforceable document after the unexpected event. These pro- containing those alternative require- visions also apply to owners or opera- ments. tors of surface impoundments and (c) Amendment of plan. The owner or waste piles who intended to remove all operator may amend the closure plan hazardous wastes at closure but are re- at any time prior to the notification of quired to close as landfills in accord- partial or final closure of the facility. ance with § 265.310. If the amendment to An owner or operator with an approved the plan is a Class 2 or 3 modification closure plan must submit a written re- according to the criteria in § 270.42, the quest to the Regional Administrator to modification to the plan will be ap- authorize a change to the approved clo- proved according to the procedures in sure plan. The written request must § 265.112(d)(4). include a copy of the amended closure (4) The Regional Administrator may plan for approval by the Regional request modifications to the plan under Administrator. the conditions described in paragraph (1) The owner or operator must (c)(1) of this section. An owner or oper- amend the closure plan whenever: ator with an approved closure plan
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must submit the modified plan within ceive additional hazardous wastes, no 60 days of the request from the Re- later than one year after the date on gional Administrator, or within 30 days which the unit received the most re- if the unexpected event occurs during cent volume of hazardous waste. If the partial or final closure. If the amend- owner or operator of a hazardous waste ment is considered a Class 2 or 3 modi- management unit can demonstrate to fication according to the criteria in the Regional Administrator that the § 270.42, the modification to the plan hazardous waste management unit or will be approved in accordance with the facility has the capacity to receive ad- procedures in § 265.112(d)(4). ditional hazardous wastes and he has (d) Notification of partial closure and taken, and will continue to take, all final closure. (1) The owner or operator steps to prevent threats to human must submit the closure plan to the health and the environment, including Regional Administrator at least 180 compliance with all interim status re- days prior to the date on which he ex- quirements, the Regional Adminis- pects to begin closure of the first sur- trator may approve an extension to face impoundment, waste pile, land this one-year limit; or treatment, or landfill unit, or final clo- (ii) For units meeting the require- sure if it involves such a unit, which- ments of § 265.113(d), no later than 30 ever is earlier. The owner or operator days after the date on which the haz- must submit the closure plan to the ardous waste management unit re- Regional Administrator at least 45 ceives the known final volume of non- days prior to the date on which he ex- hazardous wastes, or if there is a rea- pects to begin partial or final closure sonable possibility that the hazardous of a boiler or industrial furnace. The waste management unit will receive owner or operator must submit the clo- additional nonhazardous wastes, no sure plan to the Regional Adminis- later than one year after the date on trator at least 45 days prior to the date which the unit received the most re- on which he expects to begin final clo- cent volume of nonhazardous wastes. If sure of a facility with only tanks, con- the owner or operator can demonstrate tainer storage, or incinerator units. to the Regional Administrator that the Owners or operators with approved clo- hazardous waste management unit has sure plans must notify the Regional the capacity to receive additional non- Administrator in writing at least 60 hazardous wastes and he has taken, and days prior to the date on which he ex- will continue to take, all steps to pre- pects to begin closure of a surface im- vent threats to human health and the poundment, waste pile, landfill, or land environment, including compliance treatment unit, or final closure of a fa- with all applicable interim status re- cility involving such a unit. Owners or quirements, the Regional Adminis- operators with approved closure plans trator may approve an extension to must notify the Regional Adminis- this one-year limit. trator in writing at least 45 days prior (3) The owner or operator must sub- to the date on which he expects to mit his closure plan to the Regional begin partial or final closure of a boiler Administrator no later than 15 days or industrial furnace. Owners or opera- after: tors with approved closure plans must (i) Termination of interim status ex- notify the Regional Administrator in cept when a permit is issued simulta- writing at least 45 days prior to the neously with termination of interim date on which he expects to begin final status; or closure of a facility with only tanks, (ii) Issuance of a judicial decree or container storage, or incinerator units. final order under section 3008 of RCRA (2) The date when he ‘‘expects to to cease receiving hazardous wastes or begin closure’’ must be either: close. (i) Within 30 days after the date on (4) The Regional Administrator will which any hazardous waste manage- provide the owner or operator and the ment unit receives the known final vol- public, through a newspaper notice, the ume of hazardous wastes, or, if there is opportunity to submit written com- a reasonable possibility that the haz- ments on the plan and request modi- ardous waste management unit will re- fications to the plan no later than 30
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days from the date of the notice. He wastes if the owner or operator com- will also, in response to a request or at plies with all applicable requirements his own discretion, hold a public hear- in paragraphs (d) and (e) of this sec- ing whenever such a hearing might tion, at a hazardous waste manage- clarify one or more issues concerning a ment unit or facility, or within 90 days closure plan. The Regional Adminis- after approval of the closure plan, trator will give public notice of the whichever is later, the owner or oper- hearing at least 30 days before it oc- ator must treat, remove from the unit curs. (Public notice of the hearing may or facility, or dispose of on-site, all be given at the same time as notice of hazardous wastes in accordance with the opportunity for the public to sub- the approved closure plan. The Re- mit written comments, and the two no- gional Administrator may approve a tices may be combined.) The Regional longer period if the owner or operator Administrator will approve, modify, or demonstrates that: disapprove the plan within 90 days of (1)(i) The activities required to com- its receipt. If the Regional Adminis- ply with this paragraph will, of neces- trator does not approve the plan he sity, take longer than 90 days to com- shall provide the owner or operator plete; or with a detailed written statement of (ii)(A) The hazardous waste manage- reasons for the refusal and the owner ment unit or facility has the capacity or operator must modify the plan or to receive additional hazardous wastes, submit a new plan for approval within or has the capacity to receive non-haz- 30 days after receiving such written ardous wastes if the facility owner or statement. The Regional Adminis- operator complies with paragraphs (d) trator will approve or modify this plan and (e) of this section; and in writing within 60 days. If the Re- (B) There is a reasonable likelihood gional Administrator modifies the that he or another person will recom- plan, this modified plan becomes the mence operation of the hazardous approved closure plan. The Regional waste management unit or the facility Administrator must assure that the ap- proved plan is consistent with §§ 265.111 within one year; and through 265.115 and the applicable re- (C) Closure of the hazardous waste quirements of subpart F of this part, management unit or facility would be and §§ 265.197, 265.228, 265.258, 265.280, incompatible with continued operation 265.310, 265.351, 265.381, 265.404, and of the site; and 265.1102. A copy of the modified plan (2) He has taken and will continue to with a detailed statement of reasons take all steps to prevent threats to for the modifications must be mailed human health and the environment, in- to the owner or operator. cluding compliance with all applicable (e) Removal of wastes and decontamina- interim status requirements. tion or dismantling of equipment. Noth- (b) The owner or operator must com- ing in this section shall preclude the plete partial and final closure activi- owner or operator from removing haz- ties in accordance with the approved ardous wastes and decontaminating or closure plan and within 180 days after dismantling equipment in accordance receiving the final volume of hazardous with the approved partial or final clo- wastes, or the final volume of nonhaz- sure plan at any time before or after ardous wastes if the owner or operator notification of partial or final closure. complies with all applicable require- ments in paragraphs (d) and (e) of this [51 FR 16451, May 2, 1986, as amended at 54 section, at the hazardous waste man- FR 37935, Sept. 28, 1988; 56 FR 7207, Feb. 21, 1991; 56 FR 42512, Aug. 27, 1991; 57 FR 37267, agement unit or facility, or 180 days Aug. 18, 1992; 63 FR 56734, Oct. 22, 1998; 71 FR after approval of the closure plan, if 40275, July 14, 2006] that is later. The Regional Adminis- trator may approve an extension to the § 265.113 Closure; time allowed for clo- closure period if the owner or operator sure. demonstrates that: (a) Within 90 days after receiving the (1)(i) The partial or final closure ac- final volume of hazardous wastes, or tivities will, of necessity, take longer the final volume of nonhazardous than 180 days to complete; or
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(ii)(A) The hazardous waste manage- (iii) The non-hazardous wastes will ment unit or facility has the capacity not be incompatible with any remain- to receive additional hazardous wastes, ing wastes in the unit or with the facil- or has the capacity to receive non-haz- ity design and operating requirements ardous wastes if the facility owner or of the unit or facility under this part; operator complies with paragraphs (d) and and (e) of this section; and (iv) Closure of the hazardous waste (B) There is reasonable likelihood management unit would be incompat- that he or another person will recom- ible with continued operation of the mence operation of the hazardous unit or facility; and waste management unit or the facility (v) The owner or operator is oper- within one year; and ating and will continue to operate in (C) Closure of the hazardous waste compliance with all applicable interim management unit or facility would be status requirements; and incompatible with continued operation (2) The part B application includes an of the site; and amended waste analysis plan, ground- (2) He has taken and will continue to water monitoring and response pro- take all steps to prevent threats to gram, human exposure assessment re- human health and the environment quired under RCRA section 3019, and from the unclosed but not operating closure and post-closure plans, and up- hazardous waste management unit or dated cost estimates and demonstra- facility, including compliance with all tions of financial assurance for closure applicable interim status require- and post-closure care as necessary and ments. appropriate to reflect any changes due (c) The demonstrations referred to in to the presence of hazardous constitu- paragraphs (a)(1) and (b)(1) of this sec- ents in the non-hazardous wastes, and tion must be made as follows: changes in closure activities, including (1) The demonstrations in paragraph the expected year of closure if applica- (a)(1) of this section must be made at ble under § 265.112(b)(7), as a result of least 30 days prior to the expiration of the receipt of non-hazardous wastes the 90-day period in paragraph (a) of following the final receipt of hazardous this section; and wastes; and (2) The demonstration in paragraph (3) The part B application is amend- (b)(1) of this section must be made at ed, as necessary and appropriate, to ac- least 30 days prior to the expiration of count for the receipt of non-hazardous the 180-day period in paragraph (b) of wastes following receipt of the final this section, unless the owner or oper- volume of hazardous wastes; and ator is otherwise subject to the dead- (4) The part B application and the lines in paragraph (d) of this section. demonstrations referred to in para- (d) The Regional Administrator may graphs (d)(1) and (d)(2) of this section allow an owner or operator to receive are submitted to the Regional Admin- non-hazardous wastes in a landfill, land istrator no later than 180 days prior to treatment, or surface impoundment the date on which the owner or oper- unit after the final receipt of hazardous ator of the facility receives the known wastes at that unit if: final volume of hazardous wastes, or no (1) The owner or operator submits an later than 90 days after the effective amended part B application, or a part date of this rule in the state in which B application, if not previously re- the unit is located, whichever is later. quired, and demonstrates that: (e) In addition to the requirements in (i) The unit has the existing design paragraph (d) of this section, an owner capacity as indicated on the part A ap- or operator of a hazardous waste sur- plication to receive non-hazardous face impoundment that is not in com- wastes; and pliance with the liner and leachate col- (ii) There is a reasonable likelihood lection system requirements in 42 that the owner or operator or another U.S.C. 3004(o)(1) and 3005(j)(1) or 42 person will receive non-hazardous U.S.C. 3004(o)(2) or (3) or 3005(j) (2), (3), wastes in the unit within one year (4) or (13) must: after the final receipt of hazardous (1) Submit with the part B applica- wastes; and tion:
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(i) A contingent corrective measures ceipt of non-hazardous wastes on the plan; and effectiveness of the corrective action. (ii) A plan for removing hazardous (6) The Regional Administrator may wastes in compliance with paragraph require the owner or operator to com- (e)(2) of this section; and mence closure of the unit if the owner (2) Remove all hazardous wastes from or operator fails to implement correc- the unit by removing all hazardous liq- tive action measures in accordance uids and removing all hazardous with the approved contingent correc- sludges to the extent practicable with- tive measures plan within one year as out impairing the integrity of the required in paragraph (e)(4) of this sec- liner(s), if any. tion, or fails to make substantial (3) Removal of hazardous wastes progress in implementing corrective must be completed no later than 90 action and achieving the facility’s days after the final receipt of haz- background levels. ardous wastes. The Regional Adminis- (7) If the owner or operator fails to trator may approve an extension to implement corrective measures as re- this deadline if the owner or operator quired in paragraph (e)(4) of this sec- demonstrates that the removal of haz- tion, or if the Regional Administrator ardous wastes will, of necessity, take determines that substantial progress longer than the allotted period to com- has not been made pursuant to para- plete and that an extension will not graph (e)(6) of this section he shall: pose a threat to human health and the (i) Notify the owner or operator in environment. writing that the owner or operator (4) If a release that is a statistically must begin closure in accordance with significant increase (or decrease in the the deadline in paragraphs (a) and (b) case of pH) in hazardous constituents of this section and provide a detailed over background levels is detected in statement of reasons for this deter- accordance with the requirements in mination, and subpart F of this part, the owner or op- (ii) Provide the owner or operator erator of the unit: and the public, through a newspaper (i) Must implement corrective meas- notice, the opportunity to submit writ- ures in accordance with the approved ten comments on the decision no later contingent corrective measures plan than 20 days after the date of the no- required by paragraph (e)(1) of this sec- tice. tion no later than one year after detec- (iii) If the Regional Administrator tion of the release, or approval of the receives no written comments, the de- contingent corrective measures plan, cision will become final five days after whichever is later; the close of the comment period. The (ii) May receive wastes at the unit Regional Administrator will notify the following detection of the release only owner or operator that the decision is if the approved corrective measures final, and that a revised closure plan, if plan includes a demonstration that necessary, must be submitted within 15 continued receipt of wastes will not days of the final notice and that clo- impede corrective action; and sure must begin in accordance with the (iii) May be required by the Regional deadlines in paragraphs (a) and (b) of Administrator to implement corrective this section. measures in less than one year or to (iv) If the Regional Administrator re- cease receipt of wastes until corrective ceives written comments on the deci- measures have been implemented if sion, he shall make a final decision necessary to protect human health and within 30 days after the end of the com- the environment. ment period, and provide the owner or (5) During the period of corrective ac- operator in writing and the public tion, the owner or operator shall pro- through a newspaper notice, a detailed vide annual reports to the Regional Ad- statement of reasons for the final deci- ministrator describing the progress of sion. If the Regional Administrator de- the corrective action program, compile termines that substantial progress has all ground-water monitoring data, and not been made, closure must be initi- evaluate the effect of the continued re- ated in accordance with the deadlines
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in paragraphs (a) and (b) of this sec- operator must submit to the local zon- tion. ing authority, or the authority with ju- (v) The final determinations made by risdiction over local land use, and to the Regional Administrator under the Regional Administrator, a survey paragraphs (e)(7) (iii) and (iv) of this plat indicating the location and dimen- section are not subject to administra- sions of landfill cells or other haz- tive appeal. ardous waste disposal units with re- spect to permanently surveyed bench- [51 FR 16451, May 2, 1986, as amended at 54 FR 33396, Aug. 14, 1989; 56 FR 42512, Aug. 27, marks. This plat must be prepared and 1991; 71 FR 16909, Apr. 4, 2006; 71 FR 40275, certified by a professional land sur- July 14, 2006] veyor. The plat filed with the local zon- ing authority, or the authority with ju- § 265.114 Disposal or decontamination risdiction over local land use must con- of equipment, structures and soils. tain a note, prominently displayed, During the partial and final closure which states the owner’s or operator’s periods, all contaminated equipment, obligation to restrict disturbance of structures and soil must be properly the hazardous waste disposal unit in disposed of, or decontaminated unless accordance with the applicable subpart specified otherwise in §§ 265.197, 265.228, G regulations. 265.258, 265.280, or 265.310. By removing all hazardous wastes or hazardous con- § 265.117 Post-closure care and use of stituents during partial and final clo- property. sure, the owner or operator may be- (a)(1) Post-closure care for each haz- come a generator of hazardous waste ardous waste management unit subject and must handle that hazardous waste to the requirements of §§ 265.117 in accordance with all applicable re- through 265.120 must begin after com- quirements of part 262 of this chapter. pletion of closure of the unit and con- tinue for 30 years after that date. It [51 FR 16451, May 2, 1986, as amended at 53 FR 34086, Sept. 2, 1988] must consist of at least the following: (i) Monitoring and reporting in ac- § 265.115 Certification of closure. cordance with the requirements of sub- parts F, K, L, M, and N of this part; Within 60 days of completion of clo- and sure of each hazardous waste surface (ii) Maintenance and monitoring of impoundment, waste pile, land treat- waste containment systems in accord- ment, and landfill unit, and within 60 ance with the requirements of subparts days of completion of final closure, the F, K, L, M, and N of this part. owner or operator must submit to the (2) Any time preceding closure of a Regional Administrator, by registered hazardous waste management unit sub- mail, a certification that the hazardous ject to post-closure care requirements waste management unit or facility, as or final closure, or any time during the applicable, has been closed in accord- post-closure period for a particular ance with the specifications in the ap- hazardous waste disposal unit, the Re- proved closure plan. The certification gional Administrator may: must be signed by the owner or oper- (i) Shorten the post-closure care pe- ator and by a qualified Professional riod applicable to the hazardous waste Engineer. Documentation supporting management unit, or facility, if all dis- the Professional Engineer’s certifi- posal units have been closed, if he finds cation must be furnished to the Re- that the reduced period is sufficient to gional Administrator upon request protect human health and the environ- until he releases the owner or operator ment (e.g., leachate or ground-water from the financial assurance require- monitoring results, characteristics of ments for closure under § 265.143(h). the hazardous waste, application of ad- [71 FR 16909, Apr. 4, 2006] vanced technology, or alternative dis- posal, treatment, or re-use techniques § 265.116 Survey plat. indicate that the hazardous waste man- No later than the submission of the agement unit or facility is secure); or certification of closure of each haz- (ii) Extend the post-closure care pe- ardous waste disposal unit, an owner or riod applicable to the hazardous waste
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management unit or facility, if he (b) Until final closure of the facility, finds that the extended period is nec- a copy of the most current post-closure essary to protect human health and the plan must be furnished to the Regional environment (e.g., leachate or ground- Administrator upon request, including water monitoring results indicate a po- request by mail. In addition, for facili- tential for migration of hazardous ties without approved post-closure wastes at levels which may be harmful plans, it must also be provided during to human health and the environment). site inspections, on the day of inspec- (b) The Regional Administrator may tion, to any officer, employee or rep- require, at partial and final closure, resentative of the Agency who is duly continuation of any of the security re- designated by the Administrator. After quirements of § 265.14 during part or all final closure has been certified, the of the post-closure period when: person or office specified in (1) Hazardous wastes may remain ex- § 265.118(c)(3) must keep the approved posed after completion of partial or post-closure plan during the post-clo- final closure; or sure period. (2) Access by the public or domestic (c) For each hazardous waste man- livestock may pose a hazard to human agement unit subject to the require- health. ments of this section, the post-closure (c) Post-closure use of property on or plan must identify the activities that in which hazardous wastes remain after will be carried on after closure of each partial or final closure must never be disposal unit and the frequency of allowed to disturb the integrity of the these activities, and include at least: final cover, liner(s), or any other com- ponents of the containment system, or (1) A description of the planned moni- the function of the facility’s moni- toring activities and frequencies at toring systems, unless the Regional which they will be performed to com- Administrator finds that the disturb- ply with subparts F, K, L, M, and N of ance: this part during the post-closure care (1) Is necessary to the proposed use of period; and the property, and will not increase the (2) A description of the planned main- potential hazard to human health or tenance activities, and frequencies at the environment; or which they will be performed, to en- (2) Is necessary to reduce a threat to sure: human health or the environment. (i) The integrity of the cap and final (d) All post-closure care activities cover or other containment systems in must be in accordance with the provi- accordance with the requirements of sions of the approved post-closure plan subparts K, L, M, and N of this part; as specified in § 265.118. and (ii) The function of the monitoring [51 FR 16451, May 2, 1986, as amended at 71 FR 40275, July 14, 2006] equipment in accordance with the re- quirements of subparts F, K, L, M, and § 265.118 Post-closure plan; amend- N of this part; and ment of plan. (3) The name, address, and phone (a) Written plan. By May 19, 1981, the number of the person or office to con- owner or operator of a hazardous waste tact about the hazardous waste dis- disposal unit must have a written post- posal unit or facility during the post- closure plan. An owner or operator of a closure care period. surface impoundment or waste pile (4) For facilities subject to § 265.121, that intends to remove all hazardous provisions that satisfy the require- wastes at closure must prepare a post- ments of § 265.121(a)(1) and (3). closure plan and submit it to the Re- (5) For facilities where the Regional gional Administrator within 90 days of Administrator has applied alternative the date that the owner or operator or requirements at a regulated unit under Regional Administrator determines §§ 265.90(f), 265.110(d), and/or 265.140(d), that the hazardous waste management either the alternative requirements unit or facility must be closed as a that apply to the regulated unit, or a landfill, subject to the requirements of reference to the enforceable document §§ 265.117 through 265.120. containing those requirements.
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(d) Amendment of plan. The owner or (4) The Regional Administrator may operator may amend the post-closure request modifications to the plan under plan any time during the active life of the conditions described in paragraph the facility or during the post-closure (d)(1) of this section. An owner or oper- care period. An owner or operator with ator with an approved post-closure an approved post-closure plan must plan must submit the modified plan no submit a written request to the Re- later than 60 days of the request from gional Administrator to authorize a the Regional Administrator. If the change to the approved plan. The writ- amendment to the plan is considered a ten request must include a copy of the Class 2 or 3 modification according to amended post-closure plan for approval the criteria in § 270.42, the modifica- by the Regional Administrator. tions to the post-closure plan will be (1) The owner or operator must approved in accordance with the proce- amend the post-closure plan whenever: dures in § 265.118(f). If the Regional Ad- (i) Changes in operating plans or fa- ministrator determines that an owner cility design affect the post-closure or operator of a surface impoundment plan, or or waste pile who intended to remove (ii) Events which occur during the ac- all hazardous wastes at closure must tive life of the facility, including par- close the facility as a landfill, the tial and final closures, affect the post- owner or operator must submit a post- closure plan. closure plan for approval to the Re- (iii) The owner or operator requests gional Administrator within 90 days of the Regional Administrator to apply the determination. alternative requirements to a regu- (e) The owner or operator of a facil- lated unit under §§ 265.90(f), 265.110(d), ity with hazardous waste management and/or 265.140(d). units subject to these requirements (2) The owner or operator must must submit his post-closure plan to amend the post-closure plan at least 60 the Regional Administrator at least 180 days prior to the proposed change in fa- days before the date he expects to cility design or operation, or no later begin partial or final closure of the than 60 days after an unexpected event first hazardous waste disposal unit. has occurred which has affected the The date he ‘‘expects to begin closure’’ post-closure plan. of the first hazardous waste disposal (3) An owner or operator with an ap- unit must be either within 30 days proved post-closure plan must submit after the date on which the hazardous the modified plan to the Regional Ad- waste management unit receives the ministrator at least 60 days prior to known final volume of hazardous waste the proposed change in facility design or, if there is a reasonable possibility or operation, or no more than 60 days that the hazardous waste management after an unexpected event has occurred unit will receive additional hazardous which has affected the post-closure wastes, no later than one year after the plan. If an owner or operator of a sur- date on which the unit received the face impoundment or a waste pile who most recent volume of hazardous intended to remove all hazardous wastes. The owner or operator must wastes at closure in accordance with § 265.228(b) or § 265.258(a) is required to submit the post-closure plan to the Re- close as a landfill in accordance with gional Administrator no later than 15 § 265.310, the owner or operator must days after: submit a post-closure plan within 90 (1) Termination of interim status (ex- days of the determination by the owner cept when a permit is issued to the fa- or operator or Regional Administrator cility simultaneously with termination that the unit must be closed as a land- of interim status); or fill. If the amendment to the post-clo- (2) Issuance of a judicial decree or sure plan is a Class 2 or 3 modification final orders under section 3008 of RCRA according to the criteria in § 270.42, the to cease receiving wastes or close. modification to the plan will be ap- (f) The Regional Administrator will proved according to the procedures in provide the owner or operator and the § 265.118(f). public, through a newspaper notice, the
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opportunity to submit written com- riod specified in the current post-clo- ments on the post-closure plan and re- sure plan (e.g., leachate or ground- quest modifications to the plan no water monitoring results, characteris- later than 30 days from the date of the tics of the wastes, application of ad- notice. He will also, in response to a re- vanced technology, or alternative dis- quest or at his own discretion, hold a posal, treatment, or re-use techniques public hearing whenever such a hearing indicate that the facility is secure), or might clarify one or more issues con- (B) The requested extension in the cerning a post-closure plan. The Re- post-closure care period or alteration gional Administrator will give public of post-closure care requirements is notice of the hearing at least 30 days necessary to prevent threats to human before it occurs. (Public notice of the health and the environment (e.g., hearing may be given at the same time leachate or ground-water monitoring as notice of the opportunity for the results indicate a potential for migra- public to submit written comments, tion of hazardous wastes at levels and the two notices may be combined.) which may be harmful to human health The Regional Administrator will ap- and the environment). prove, modify, or disapprove the plan (ii) These petitions will be considered within 90 days of its receipt. If the Re- by the Regional Administrator only gional Administrator does not approve when they present new and relevant in- the plan he shall provide the owner or formation not previously considered by operator with a detailed written state- the Regional Administrator. Whenever ment of reasons for the refusal and the the Regional Administrator is consid- owner or operator must modify the ering a petition, he will provide the plan or submit a new plan for approval owner or operator and the public, within 30 days after receiving such through a newspaper notice, the oppor- written statement. The Regional Ad- tunity to submit written comments ministrator will approve or modify this within 30 days of the date of the notice. plan in writing within 60 days. If the He will also, in response to a request or Regional Administrator modifies the at his own discretion, hold a public plan, this modified plan becomes the hearing whenever a hearing might clar- approved post-closure plan. The Re- gional Administrator must ensure that ify one or more issues concerning the the approved post-closure plan is con- post-closure plan. The Regional Admin- sistent with §§ 265.117 through 265.120. A istrator will give the public notice of copy of the modified plan with a de- the hearing at least 30 days before it tailed statement of reasons for the occurs. (Public notice of the hearing modifications must be mailed to the may be given at the same time as no- owner or operator. tice of the opportunity for written pub- (g) The post-closure plan and length lic comments, and the two notices may of the post-closure care period may be be combined.) After considering the modified any time prior to the end of comments, he will issue a final deter- the post-closure care period in either of mination, based upon the criteria set the following two ways: forth in paragraph (g)(1) of this section. (1) The owner or operator or any (iii) If the Regional Administrator member of the public may petition the denies the petition, he will send the pe- Regional Administrator to extend or titioner a brief written response giving reduce the post-closure care period ap- a reason for the denial. plicable to a hazardous waste manage- (2) The Regional Administrator may ment unit or facility based on cause, or tentatively decide to modify the post- alter the requirements of the post-clo- closure plan if he deems it necessary to sure care period based on cause. prevent threats to human health and (i) The petition must include evi- the environment. He may propose to dence demonstrating that: extend or reduce the post-closure care (A) The secure nature of the haz- period applicable to a hazardous waste ardous waste management unit or fa- management unit or facility based on cility makes the post-closure care re- cause or alter the requirements of the quirement(s) unnecessary or supports post-closure care period based on reduction of the post-closure care pe- cause.
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(i) The Regional Administrator will petuity notify any potential purchaser provide the owner or operator and the of the property that: affected public, through a newspaper (i) The land has been used to manage notice, the opportunity to submit writ- hazardous wastes; and ten comments within 30 days of the (ii) Its use is restricted under 40 CFR date of the notice and the opportunity part 265, subpart G regulations; and for a public hearing as in paragraph (iii) The survey plat and record of the (g)(1)(ii) of this section. After consid- type, location, and quantity of haz- ering the comments, he will issue a final determination. ardous wastes disposed of within each (ii) The Regional Administrator will cell or other hazardous waste disposal base his final determination upon the unit of the facility required by §§ 265.116 same criteria as required for petitions and 265.119(a) have been filed with the under paragraph (g)(1)(i) of this sec- local zoning authority or the authority tion. A modification of the post-closure with jurisdiction over local land use plan may include, where appropriate, and with the Regional Administrator; the temporary suspension rather than and permanent deletion of one or more (2) Submit a certification signed by post-closure care requirements. At the the owner or operator that he has end of the specified period of suspen- recorded the notation specified in para- sion, the Regional Administrator graph (b)(1) of this section and a copy would then determine whether the re- of the document in which the notation quirement(s) should be permanently has been placed, to the Regional Ad- discontinued or reinstated to prevent ministrator. threats to human health and the envi- (c) If the owner or operator or any ronment. subsequent owner of the land upon [51 FR 16451, May 2, 1986, as amended at 53 which a hazardous waste disposal unit FR 37935, Sept. 28, 1988; 63 FR 56734, Oct. 22, was located wishes to remove haz- 1998] ardous wastes and hazardous waste res- § 265.119 Post-closure notices. idues, the liner, if any, and all con- taminated structures, equipment, and (a) No later than 60 days after certifi- soils, he must request a modification cation of closure of each hazardous to the approved post-closure plan in ac- waste disposal unit, the owner or oper- ator must submit to the local zoning cordance with the requirements of authority, or the authority with juris- § 265.118(g). The owner or operator must diction over local land use, and to the demonstrate that the removal of haz- Regional Administrator, a record of ardous wastes will satisfy the criteria the type, location, and quantity of haz- of § 265.117(c). By removing hazardous ardous wastes disposed of within each waste, the owner or operator may be- cell or other disposal unit of the facil- come a generator of hazardous waste ity. For hazardous wastes disposed of and must manage it in accordance with before January 12, 1981, the owner or all applicable requirements of this operator must identify the type, loca- chapter. If the owner or operator is tion and quantity of the hazardous granted approval to conduct the re- wastes to the best of his knowledge and moval activities, the owner or operator in accordance with any records he has may request that the Regional Admin- kept. istrator approve either: (b) Within 60 days of certification of (1) The removal of the notation on closure of the first hazardous waste the deed to the facility property or disposal unit and within 60 days of cer- other instrument normally examined tification of closure of the last haz- during title search, or ardous waste disposal unit, the owner (2) The addition of a notation to the or operator must: (1) Record, in accordance with State deed or instrument indicating the re- law, a notation on the deed to the facil- moval of the hazardous waste. ity property—or on some other instru- [51 FR 16451, May 2, 1986, as amended at 71 ment which is normally examined dur- FR 40275, July 14, 2006] ing title search—that will in per-
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§ 265.120 Certification of completion of (iii) At the time of a proposed deci- post-closure care. sion that remedial action is complete No later than 60 days after the com- at the facility. These requirements pletion of the established post-closure must be met before the Regional Ad- care period for each hazardous waste ministrator may consider that the fa- disposal unit, the owner or operator cility has met the requirements of 40 must submit to the Regional Adminis- CFR 270.1(c)(7), unless the facility trator, by registered mail, a certifi- qualifies for a modification to these cation that the post-closure care period public involvement procedures under for the hazardous waste disposal unit paragraph (b)(2) or (3) of this section. was performed in accordance with the (2) If the Regional Administrator de- specifications in the approved post-clo- termines that even a short delay in the sure plan. The certification must be implementation of a remedy would ad- signed by the owner or operator and a versely affect human health or the en- qualified Professional Engineer. Docu- vironment, the Regional Administrator mentation supporting the Professional may delay compliance with the re- Engineer’s certification must be fur- quirements of paragraph (b)(1) of this nished to the Regional Administrator section and implement the remedy im- upon request until he releases the mediately. However, the Regional Ad- owner or operator from the financial assurance requirements for post-clo- ministrator must assure involvement sure care under § 265.145(h). of the public at the earliest oppor- tunity, and, in all cases, upon making [71 FR 16909, Apr. 4, 2006] the decision that additional remedial action is not needed at the facility. § 265.121 Post-closure requirements for facilities that obtain enforceable (3) The Regional Administrator may documents in lieu of post-closure allow a remediation initiated prior to permits. October 22, 1998 to substitute for cor- (a) Owners and operators who are rective action required under a post- subject to the requirement to obtain a closure permit even if the public in- post-closure permit under 40 CFR volvement requirements of paragraph 270.1(c), but who obtain enforceable (b)(1) of this section have not been met documents in lieu of post-closure per- so long as the Regional Administrator mits, as provided under 40 CFR assures that notice and comment on 270.1(c)(7), must comply with the fol- the decision that no further remedi- lowing requirements: ation is necessary to protect human (1) The requirements to submit infor- health and the environment takes mation about the facility in 40 CFR place at the earliest reasonable oppor- 270.28; tunity after October 22, 1998. (2) The requirements for facility-wide corrective action in § 264.101 of this [63 FR 56734, Oct. 22, 1998] chapter; (3) The requirements of 40 CFR 264.91 Subpart H—Financial through 264.100. Requirements (b)(1) The Regional Administrator, in issuing enforceable documents under SOURCE: 47 FR 15064, Apr. 7, 1982, unless § 265.121 in lieu of permits, will assure a otherwise noted. meaningful opportunity for public in- volvement which, at a minimum, in- § 265.140 Applicability. cludes public notice and opportunity for public comment: (a) The requirements of §§ 265.142, (i) When the Agency becomes in- 265.143 and 265.147 through 265.150 apply volved in a remediation at the facility to owners or operators of all hazardous as a regulatory or enforcement matter; waste facilities, except as provided oth- (ii) On the proposed preferred remedy erwise in this section or in § 265.1. and the assumptions upon which the (b) The requirements of §§ 265.144 and remedy is based, in particular those re- 265.145 apply only to owners and opera- lated to land use and site characteriza- tors of: tion; and (1) Disposal facilities;
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(2) Tank systems that are required intended to assist in the understanding under § 265.197 of this chapter to meet of these regulations and are not in- the requirements for landfills; and tended to limit the meanings of terms (3) Containment buildings that are in a way that conflicts with generally required under § 265.1102 to meet the re- accepted accounting practices. quirements for landfills. Assets means all existing and all (c) States and the Federal govern- probable future economic benefits ment are exempt from the require- obtained or controlled by a particular ments of this subpart. entity. (d) The Regional Administrator may Current assets means cash or other as- replace all or part of the requirements sets or resources commonly identified of this subpart applying to a regulated as those which are reasonably expected unit with alternative requirements for to be realized in cash or sold or con- financial assurance set out in the per- sumed during the normal operating mit or in an enforceable document (as cycle of the business. defined in 40 CFR 270.1(c)(7)), where the Current liabilities means obligations Regional Administrator: whose liquidation is reasonably ex- (1) Prescribes alternative require- pected to require the use of existing re- ments for the regulated unit under sources properly classifiable as current § 265.90(f) and/or 265.110(d), and assets or the creation of other current (2) Determines that it is not nec- liabilities. essary to apply the requirements of Current plugging and abandonment cost this subpart because the alternative fi- estimate means the most recent of the nancial assurance requirements will estimates prepared in accordance with protect human health and the environ- § 144.62(a), (b), and (c) of this title. ment. Independently audited refers to an [47 FR 15064, Apr. 7, 1982, as amended at 51 audit performed by an independent cer- FR 16455, May 2, 1986; 51 FR 25479, July 14, tified public accountant in accordance 1986; 57 FR 37267, Aug. 18, 1992; 63 FR 56734, with generally accepted auditing Oct. 22, 1998; 71 FR 40275, July 14, 2006] standards. Liabilities means probable future sac- § 265.141 Definitions of terms as used rifices of economic benefits arising in this subpart. from present obligations to transfer as- (a) Closure plan means the plan for sets or provide services to other enti- closure prepared in accordance with ties in the future as a result of past the requirements of § 265.112. transactions or events. (b) Current closure cost estimate means Net working capital means current as- the most recent of the estimates pre- sets minus current liabilities. pared in accordance with § 265.142 (a), Net worth means total assets minus (b), and (c). total liabilities and is equivalent to (c) Current post-closure cost estimate owner’s equity. means the most recent of the estimates Tangible net worth means the tangible prepared in accordance with § 265.144 assets that remain after deducting li- (a), (b), and (c). abilities; such assets would not include (d) Parent corporation means a cor- intangibles such as goodwill and rights poration which directly owns at least to patents or royalties. 50 percent of the voting stock of the (g) In the liability insurance require- corporation which is the facility owner ments the terms bodily injury and prop- or operator; the latter corporation is erty damage shall have the meanings deemed a ‘‘subsidiary’’ of the parent given these terms by applicable State corporation. law. However, these terms do not in- (e) Post-closure plan means the plan clude those liabilities which, con- for post-closure care prepared in ac- sistent with standard industry prac- cordance with the requirements of tice, are excluded from coverage in li- §§ 265.117 through 265.120. ability policies for bodily injury and (f) The following terms are used in property damage. The Agency intends the specifications for the financial the meanings of other terms used in tests for closure, post-closure care, and the liability insurance requirements to liability coverage. The definitions are be consistent with their common
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meanings within the insurance indus- cated by its closure plan (see try. The definitions given below of sev- § 265.112(b)); and eral of the terms are intended to assist (2) The closure cost estimate must be in the understanding of these regula- based on the costs to the owner or op- tions and are not intended to limit erator of hiring a third party to close their meanings in a way that conflicts the facility. A third party is a party with general insurance industry usage. who is neither a parent nor a sub- Accidental occurrence means an acci- sidiary of the owner or operator. (See dent, including continuous or repeated definition of parent corporation in exposure to conditions, which results § 265.141(d).) The owner or operator may in bodily injury or property damage use costs for on-site disposal if he can neither expected nor intended from the demonstrate that on-site disposal ca- standpoint of the insured. pacity will exist at all times over the Legal defense costs means any ex- life of the facility. penses that an insurer incurs in defend- (3) The closure cost estimate may not ing against claims of third parties incorporate any salvage value that brought under the terms and condi- may be realized with the sale of haz- tions of an insurance policy. ardous wastes, or non-hazardous wastes Nonsudden accidental occurrence if applicable under § 265.113(d), facility means an occurrence which takes place structures or equipment, land, or other over time and involves continuous or assets associated with the facility at repeated exposure. the time of partial or final closure. Sudden accidental occurrence means an occurrence which is not continuous or (4) The owner or operator may not in- repeated in nature. corporate a zero cost for hazardous (h) Substantial business relationship wastes, or non-hazardous wastes if ap- means the extent of a business rela- plicable under § 265.113(d), that might tionship necessary under applicable have economic value. State law to make a guarantee con- (b) During the active life of the facil- tract issued incident to that relation- ity, the owner or operator must adjust ship valid and enforceable. A ‘‘sub- the closure cost estimate for inflation stantial business relationship’’ must within 60 days prior to the anniversary arise from a pattern of recent or ongo- date of the establishment of the finan- ing business transactions, in addition cial instrument(s) used to comply with to the guarantee itself, such that a cur- § 265.143. For owners and operators rently existing business relationship using the financial test or corporate between the guarantor and the owner guarantee, the closure cost estimate or operator is demonstrated to the sat- must be updated for inflation within 30 isfaction of the applicable EPA Re- days after the close of the firm’s fiscal gional Administrator. year and before submission of updated [47 FR 16558, Apr. 16, 1982, as amended at 51 information to the Regional Adminis- FR 16456, May 2, 1986; 53 FR 33959, Sept. 1, trator as specified in § 265.143(e)(3). The 1988] adjustment may be made by recalcu- lating the closure cost estimate in cur- § 265.142 Cost estimate for closure. rent dollars, or by using an inflation (a) The owner or operator must have factor derived from the most recent a detailed written estimate, in current Implicit Price Deflator for Gross Na- dollars, of the cost of closing the facil- tional Product published by the U.S. ity in accordance with the require- Department of Commerce in its Survey ments in §§ 265.111 through 265.115 and of Current Business, as specified in para- applicable closure requirements in graphs (b)(1) and (2) of this section. The §§ 265.197, 265.228, 265.258, 265.280, 265.310, inflation factor is the result of dividing 265.351, 265.381, 265.404, and 265.1102. the latest published annual Deflator by (1) The estimate must equal the cost the Deflator for the previous year. of final closure at the point in the fa- (1) The first adjustment is made by cility’s active life when the extent and multiplying the closure cost estimate manner of its operation would make by the inflation factor. The result is closure the most expensive, as indi- the adjusted closure cost estimate.
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(2) Subsequent adjustments are made Schedule A of the trust agreement by multiplying the latest adjusted clo- must be updated within 60 days after a sure cost estimate by the latest infla- change in the amount of the current tion factor. closure cost estimate covered by the (c) During the active life of the facil- agreement. ity, the owner or operator must revise (3) Payments into the trust fund the closure cost estimate no later than must be made annually by the owner or 30 days after a revision has been made operator over the 20 years beginning to the closure plan which increases the with the effective date of these regula- cost of closure. If the owner or oper- tions or over the remaining operating ator has an approved closure plan, the life of the facility as estimated in the closure cost estimate must be revised closure plan, whichever period is short- no later than 30 days after the Re- er; this period is hereafter referred to gional Administrator has approved the as the ‘‘pay-in period.’’ The payments request to modify the closure plan, if into the closure trust fund must be the change in the closure plan in- made as follows: creases the cost of closure. The revised (i) The first payment must be made closure cost estimate must be adjusted by the effective date of these regula- for inflation as specified in § 265.142(b). tions, except as provided in paragraph (d) The owner or operator must keep (a)(5) of this section. The first payment the following at the facility during the must be at least equal to the current operating life of the facility: The latest closure cost estimate, except as pro- closure cost estimate prepared in ac- vided in § 265.143(f), divided by the num- cordance with §§ 265.142 (a) and (c) and, ber of years in the pay-in period. when this estimate has been adjusted (ii) Subsequent payments must be in accordance with § 265.142(b), the lat- made no later than 30 days after each est adjusted closure cost estimate. anniversary date of the first payment. The amount of each subsequent pay- [47 FR 15064, Apr. 7, 1982, as amended at 50 ment must be determined by this FR 4514, Jan. 31, 1985; 51 FR 16456, May 2, formula: 1986; 54 FR 33397, Aug. 14, 1989; 57 FR 37267, Aug. 18, 1992; 71 FR 40275, July 14, 2006] CE − CV Next payment = § 265.143 Financial assurance for clo- Y sure. where CE is the current closure cost esti- By the effective date of these regula- mate, CV is the current value of the tions, an owner or operator of each fa- trust fund, and Y is the number of years cility must establish financial assur- remaining in the pay-in period. ance for closure of the facility. He (4) The owner or operator may accel- must choose from the options as speci- erate payments into the trust fund or fied in paragraphs (a) through (e) of he may deposit the full amount of the this section. current closure cost estimate at the (a) Closure trust fund. (1) An owner or time the fund is established. However, operator may satisfy the requirements he must maintain the value of the fund of this section by establishing a closure at no less than the value that the fund trust fund which conforms to the re- would have if annual payments were quirements of this paragraph and sub- made as specified in paragraph (a)(3) of mitting an originally signed duplicate this section. of the trust agreement to the Regional (5) If the owner or operator estab- Administrator. The trustee must be an lishes a closure trust fund after having entity which has the authority to act used one or more alternate mecha- as a trustee and whose trust operations nisms specified in this section, his first are regulated and examined by a Fed- payment must be in at least the eral or State agency. amount that the fund would contain if (2) The wording of the trust agree- the trust fund were established ini- ment must be identical to the wording tially and annual payments made as specified in § 264.151(a)(1), and the trust specified in paragraph (a)(3) of this sec- agreement must be accompanied by a tion. formal certification of acknowledg- (6) After the pay-in period is com- ment (for example, see § 264.151(a)(2)). pleted, whenever the current closure
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cost estimate changes, the owner or op- sure expenditures are in accordance erator must compare the new estimate with the approved closure plan, or oth- with the trustee’s most recent annual erwise justified. If the Regional Admin- valuation of the trust fund. If the value istrator has reason to believe that the of the fund is less than the amount of maximum cost of closure over the re- the new estimate, the owner or oper- maining life of the facility will be sig- ator, within 60 days after the change in nificantly greater than the value of the the cost estimate, must either deposit trust fund, he may withhold reimburse- an amount into the fund so that its ments of such amounts as he deems value after this deposit at least equals prudent until he determines, in accord- the amount of the current closure cost ance with § 265.143(h) that the owner or estimate, or obtain other financial as- operator is no longer required to main- surance as specified in this section to tain financial assurance for final clo- cover the difference. sure of the facility. If the Regional Ad- (7) If the value of the trust fund is ministrator does not instruct the greater than the total amount of the trustee to make such reimbursements, current closure cost estimate, the he will provide to the owner or oper- owner or operator may submit a writ- ator a detailed written statement of ten request to the Regional Adminis- reasons. trator for release of the amount in (11) The Regional Administrator will excess of the current closure cost esti- agree to termination of the trust when: mate. (i) An owner or operator substitutes (8) If an owner or operator sub- alternate financial assurance as speci- stitutes other financial assurance as fied in this section; or specified in this section for all or part (ii) The Regional Administrator re- of the trust fund, he may submit a leases the owner or operator from the written request to the Regional Admin- requirements of this section in accord- istrator for release of the amount in ance with § 265.143(h). excess of the current closure cost esti- (b) Surety bond guaranteeing payment mate covered by the trust fund. into a closure trust fund. (1) An owner or (9) Within 60 days after receiving a operator may satisfy the requirements request from the owner or operator for of this section by obtaining a surety release of funds as specified in para- bond which conforms to the require- graph (a) (7) or (8) of this section, the ments of this paragraph and submit- Regional Administrator will instruct ting the bond to the Regional Adminis- the trustee to release to the owner or trator. The surety company issuing the operator such funds as the Regional bond must, at a minimum, be among Administrator specifies in writing. those listed as acceptable sureties on (10) After beginning partial or final Federal bonds in Circular 570 of the closure, an owner or operator or an- U.S. Department of the Treasury. other person authorized to conduct (2) The wording of the surety bond partial or final closure may request re- must be identical to the wording speci- imbursements for partial or final clo- fied in § 264.151(b). sure expenditures by submitting (3) The owner or operator who uses a itemized bills to the Regional Adminis- surety bond to satisfy the require- trator. The owner or operator may re- ments of this section must also estab- quest reimbursements for partial clo- lish a standby trust fund. Under the sure only if sufficient funds are re- terms of the bond, all payments made maining in the trust fund to cover the thereunder will be deposited by the maximum costs of closing the facility surety directly into the standby trust over its remaining operating life. No fund in accordance with instructions later than 60 days after receiving bills from the Regional Administrator. This for partial or final closure activities, standby trust fund must meet the re- the Regional Administrator will in- quirements specified in § 265.143(a), ex- struct the trustee to make reimburse- cept that: ments in those amounts as the Re- (i) An originally signed duplicate of gional Administrator specifies in writ- the trust agreement must be submitted ing, if the Regional Administrator de- to the Regional Administrator with the termines that the partial or final clo- surety bond; and
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(ii) Until the standby trust fund is the penal sum may be reduced to the funded pursuant to the requirements of amount of the current closure cost es- this section, the following are not re- timate following written approval by quired by these regulations: the Regional Administrator. (A) Payments into the trust fund as (8) Under the terms of the bond, the specified in § 265.143(a); surety may cancel the bond by sending (B) Updating of Schedule A of the notice of cancellation by certified mail trust agreement (see § 264.151(a)) to to the owner or operator and to the Re- show current closure cost estimates; gional Administrator. Cancellation (C) Annual valuations as required by may not occur, however, during the 120 the trust agreement; and days beginning on the date of receipt of (D) Notices of nonpayment as re- the notice of cancellation by both the quired by the trust agreement. owner or operator and the Regional Ad- (4) The bond must guarantee that the ministrator, as evidenced by the return owner or operator will: receipts. (i) Fund the standby trust fund in an (9) The owner or operator may cancel amount equal to the penal sum of the the bond if the Regional Administrator bond before the beginning of final clo- has given prior written consent based sure of the facility; or on his receipt of evidence of alternate (ii) Fund the standby trust fund in an financial assurance as specified in this amount equal to the penal sum within section. 15 days after an administrative order (c) Closure letter of credit. (1) An owner to begin final closure issued by the Re- or operator may satisfy the require- gional Administrator becomes final, or ments of this section by obtaining an within 15 days after an order to begin irrevocable standby letter of credit final closure is issued by a U.S. district which conforms to the requirements of court or other court of competent ju- this paragraph and submitting the let- risdiction; or ter to the Regional Administrator. The (iii) Provide alternate financial as- issuing institution must be an entity surance as specified in this section, and obtain the Regional Administrator’s which has the authority to issue letters written approval of the assurance pro- of credit and whose letter-of-credit op- vided, within 90 days after receipt by erations are regulated and examined by both the owner or operator and the a Federal or State agency. Regional Administrator of a notice of (2) The wording of the letter of credit cancellation of the bond from the sur- must be identical to the wording speci- ety. fied in § 264.151(d). (5) Under the terms of the bond, the (3) An owner or operator who uses a surety will become liable on the bond letter of credit to satisfy the require- obligation when the owner or operator ments of this section must also estab- fails to perform as guaranteed by the lish a standby trust fund. Under the bond. terms of the letter of credit, all (6) The penal sum of the bond must amounts paid pursuant to a draft by be in an amount at least equal to the the Regional Administrator will be de- current closure cost estimate, except posited by the issuing institution di- as provided in § 265.143(f). rectly into the standby trust fund in (7) Whenever the current closure cost accordance with instructions from the estimate increases to an amount great- Regional Administrator. This standby er than the penal sum, the owner or op- trust fund must meet the requirements erator, within 60 days after the in- of the trust fund specified in crease, must either cause the penal § 265.143(a), except that: sum to be increased to an amount at (i) An originally signed duplicate of least equal to the current closure cost the trust agreement must be submitted estimate and submit evidence of such to the Regional Administrator with the increase to the Regional Adminis- letter of credit; and trator, or obtain other financial assur- (ii) Unless the standby trust fund is ance as specified in this section to funded pursuant to the requirements of cover the increase. Whenever the cur- this section, the following are not re- rent closure cost estimate decreases, quired by these regulations:
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(A) Payments into the trust fund as (8) Following a final administrative specified in § 265.143(a); determination pursuant to section 3008 (B) Updating of Schedule A of the of RCRA that the owner or operator trust agreement (see § 264.151(a)) to has failed to perform final closure in show current closure cost estimates; accordance with the approved closure (C) Annual valuations as required by plan when required to do so, the Re- the trust agreement; and gional Administrator may draw on the (D) Notices of nonpayment as re- letter of credit. quired by the trust agreement. (9) If the owner or operator does not (4) The letter of credit must be ac- establish alternate financial assurance companied by a letter from the owner as specified in this section and obtain or operator referring to the letter of written approval of such alternate as- credit by number, issuing institution, surance from the Regional Adminis- trator within 90 days after receipt by and date, and providing the following both the owner or operator and the Re- information: The EPA Identification gional Administrator of a notice from Number, name, and address of the facil- the issuing institution that it has de- ity, and the amount of funds assured cided not to extend the letter of credit for closure of the facility by the letter beyond the current expiration date, the of credit. Regional Administrator will draw on (5) The letter of credit must be irrev- the letter of credit. The Regional Ad- ocable and issued for a period of at ministrator may delay the drawing if least 1 year. The letter of credit must the issuing institution grants an exten- provide that the expiration date will be sion of the term of the credit. During automatically extended for a period of the last 30 days of any such extension at least 1 year unless, at least 120 days the Regional Administrator will draw before the current expiration date, the on the letter of credit if the owner or issuing institution notifies both the operator has failed to provide alternate owner or operator and the Regional Ad- financial assurance as specified in this ministrator by certified mail of a deci- section and obtain written approval of sion not to extend the expiration date. such assurance from the Regional Ad- Under the terms of the letter of credit, ministrator. the 120 days will begin on the date (10) The Regional Administrator will when both the owner or operator and return the letter of credit to the the Regional Administrator have re- issuing institution for termination ceived the notice, as evidenced by the when: return receipts. (i) An owner or operator substitutes (6) The letter of credit must be issued alternate financial assurance as speci- in an amount at least equal to the cur- fied in this section; or rent closure cost estimate, except as (ii) The Regional Administrator re- provided in § 265.143(f). leases the owner or operator from the (7) Whenever the current closure cost requirements of this section in accord- estimate increases to an amount great- ance with § 265.143(h). er than the amount of the credit, the (d) Closure insurance. (1) An owner or owner or operator, within 60 days after operator may satisfy the requirements the increase, must either cause the of this section by obtaining closure in- amount of the credit to be increased so surance which conforms to the require- that it at least equals the current clo- ments of this paragraph and submit- sure cost estimate and submit evidence ting a certificate of such insurance to of such increase to the Regional Ad- the Regional Administrator. By the ef- ministrator, or obtain other financial fective date of these regulations the assurance as specified in this section to owner or operator must submit to the cover the increase. Whenever the cur- Regional Administrator a letter from rent closure cost estimate decreases, an insurer stating that the insurer is the amount of the credit may be re- considering issuance of closure insur- duced to the amount of the current ance conforming to the requirements of closure cost estimate following written this paragraph to the owner or oper- approval by the Regional Adminis- ator. Within 90 days after the effective trator. date of these regulations, the owner or
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operator must submit the certificate of nificantly greater than the face insurance to the Regional Adminis- amount of the policy, he may withhold trator or establish other financial as- reimbursement of such amounts as he surance as specified in this section. At deems prudent until he determines, in a minimum, the insurer must be li- accordance with § 265.143(h), that the censed to transact the business of in- owner or operator is no longer required surance, or eligible to provide insur- to maintain financial assurance for ance as an excess or surplus lines in- final closure of the particular facility. surer, in one or more States. If the Regional Administrator does not (2) The wording of the certificate of instruct the insurer to make such re- insurance must be identical to the imbursements, he will provide to the wording specified in § 264.151(e). owner or operator a detailed written (3) The closure insurance policy must statement of reasons. be issued for a face amount at least (6) The owner or operator must main- equal to the current closure cost esti- tain the policy in full force and effect mate, except as provided in § 265.143(f). until the Regional Administrator con- The term ‘‘face amount’’ means the sents to termination of the policy by total amount the insurer is obligated the owner or operator as specified in to pay under the policy. Actual pay- paragraph (d)(10) of this section. Fail- ments by the insurer will not change ure to pay the premium, without sub- the face amount, although the insur- stitution of alternate financial assur- er’s future liability will be lowered by ance as specified in this section, will the amount of the payments. constitute a significant violation of (4) The closure insurance policy must these regulations, warranting such guarantee that funds will be available remedy as the Regional Administrator to close the facility whenever final clo- deems necessary. Such violation will sure occurs. The policy must also guar- be deemed to begin upon receipt by the antee that once final closure begins, Regional Administrator of a notice of the insurer will be responsible for pay- future cancellation, termination, or ing out funds, up to an amount equal to failure to renew due to nonpayment of the face amount of the policy, upon the the premium, rather than upon the direction of the Regional Adminis- date of expiration. trator, to such party or parties as the (7) Each policy must contain a provi- Regional Administrator specifies. sion allowing assignment of the policy (5) After beginning partial or final to a successor owner or operator. Such closure, an owner or operator or any assignment may be conditional upon other person authorized to conduct clo- consent of the insurer, provided such sure may request reimbursements for consent is not unreasonably refused. closure expenditures by submitting (8) The policy must provide that the itemized bills to the Regional Adminis- insurer may not cancel, terminate, or trator. The owner or operator may re- fail to renew the policy except for fail- quest reimbursements for partial clo- ure to pay the premium. The auto- sure only if the remaining value of the matic renewal of the policy must, at a policy is sufficient to cover the max- minimum, provide the insured with the imum costs of closing the facility over option of renewal at the face amount of its remaining operating life. Within 60 the expiring policy. If there is a failure days after receiving bills for closure to pay the premium, the insurer may activities, the Regional Administrator elect to cancel, terminate, or fail to will instruct the insurer to make reim- renew the policy by sending notice by bursements in such amounts as the Re- certified mail to the owner or operator gional Administrator specifies in writ- and the Regional Administrator. Can- ing if the Regional Administrator de- cellation, termination, or failure to termines that the partial or final clo- renew may not occur, however, during sure expenditures are in accordance the 120 days beginning with the date of with the approved closure plan or oth- receipt of the notice by both the Re- erwise justified. If the Regional Admin- gional Administrator and the owner or istrator has reason to believe that the operator, as evidenced by the return re- maximum cost of closure over the re- ceipts. Cancellation, termination, or maining life of the facility will be sig- failure to renew may not occur and the
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policy will remain in full force and ef- and amortization to total liabilities fect in the event that on or before the greater than 0.1; and a ratio of current date of expiration: assets to current liabilities greater (i) The Regional Administrator than 1.5; and deems the facility abandoned; or (B) Net working capital and tangible (ii) Interim status is terminated or net worth each at least six times the revoked; or sum of the current closure and post- (iii) Closure is ordered by the Re- closure cost estimates and the current gional Administrator or a U.S. district plugging and abandonment cost esti- court or other court of competent ju- mates; and risdiction; or (C) Tangible net worth of at least $10 (iv) The owner or operator is named million; and as debtor in a voluntary or involuntary proceeding under Title 11 (Bank- (D) Assets located in the United ruptcy), U.S. Code; or States amounting to at least 90 percent (v) The premium due is paid. of total assets or at least six times the (9) Whenever the current closure cost sum of the current closure and post- estimate increases to an amount great- closure cost estimates and the current er than the face amount of the policy, plugging and abandonment cost esti- the owner or operator, within 60 days mates. after the increase, must either cause (ii) The owner or operator must have: the face amount to be increased to an (A) A current rating for his most re- amount at least equal to the current cent bond issuance of AAA, AA, A, or closure cost estimate and submit evi- BBB as issued by Standard and Poor’s dence of such increase to the Regional or Aaa, Aa, A, or Baa as issued by Administrator, or obtain other finan- Moody’s; and cial assurance as specified in this sec- (B) Tangible net worth at least six tion to cover the increase. Whenever times the sum of the current closure the current closure cost estimate de- and post-closure cost estimates and the creases, the face amount may be current plugging and abandonment reduced to the amount of the current cost estimates; and closure cost estimate following written (C) Tangible net worth of at least $10 approval by the Regional Adminis- million; and trator. (D) Assets located in the United (10) The Regional Administrator will States amounting to at least 90 percent give written consent to the owner or of total assets or at least six times the operator that he may terminate the in- sum of the current closure and post- surance policy when: closure cost estimates and the current (i) An owner or operator substitutes plugging and abandonment cost esti- alternate financial assurance as speci- mates. fied in this section; or (2) The phrase ‘‘current closure and (ii) The Regional Administrator re- leases the owner or operator from the post-closure cost estimates’’ as used in requirements of this section in accord- paragraph (e)(1) of this section refers to ance with § 265.143(h). the cost estimates required to be (e) Financial test and corporate guar- shown in paragraphs 1–4 of the letter antee for closure. (1) An owner or oper- from the owner’s or operator’s chief fi- ator may satisfy the requirements of nancial officer (§ 264.151(f)). The phrase this section by demonstrating that he ‘‘current plugging and abandonment passes a financial test as specified in cost estimates’’ as used in paragraph this paragraph. To pass this test the (e)(1) of this section refers to the cost owner or operator must meet the cri- estimates required to be shown in para- teria of either paragraph (e)(1)(i) or (ii) graphs 1–4 of the letter from the own- of this section: er’s or operator’s chief financial officer (i) The owner or operator must have: (§ 144.70(f) of this title). (A) Two of the following three ratios: (3) To demonstrate that he meets A ratio of total liabilities to net worth this test, the owner or operator must less than 2.0; a ratio of the sum of net submit the following items to the Re- income plus depreciation, depletion, gional Administrator:
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(i) A letter signed by the owner’s or (v) Specify the date, no later than 90 operator’s chief financial officer and days after the end of such fiscal year, worded as specified in § 264.151(f); and when he will submit the documents (ii) A copy of the independent cer- specified in paragraph (e)(3) of this sec- tified public accountant’s report on ex- tion; and amination of the owner’s or operator’s (vi) Certify that the year-end finan- financial statements for the latest cial statements of the owner or oper- completed fiscal year; and ator for such fiscal year will be audited (iii) A special report from the owner’s by an independent certified public ac- or operator’s independent certified pub- countant. lic accountant to the owner or operator (5) After the initial submission of stating that: items specified in paragraph (e)(3) of (A) He has compared the data which this section, the owner or operator the letter from the chief financial offi- must send updated information to the cer specifies as having been derived Regional Administrator within 90 days from the independently audited, year- after the close of each succeeding fiscal end financial statements for the latest year. This information must consist of fiscal year with the amounts in such fi- all three items specified in paragraph nancial statements; and (e)(3) of this section. (6) If the owner or operator no longer (B) In connection with that proce- meets the requirements of paragraph dure, no matters came to his attention (e)(1) of this section, he must send no- which caused him to believe that the tice to the Regional Administrator of specified data should be adjusted. intent to establish alternate financial (4) The owner or operator may obtain assurance as specified in this section. an extension of the time allowed for The notice must be sent by certified submission of the documents specified mail within 90 days after the end of the in paragraph (e)(3) of this section if the fiscal year for which the year-end fi- fiscal year of the owner or operator nancial data show that the owner or ends during the 90 days prior to the ef- operator no longer meets the require- fective date of these regulations and if ments. The owner or operator must the year-end financial statements for provide the alternate financial assur- that fiscal year will be audited by an ance within 120 days after the end of independent certified public account- such fiscal year. ant. The extension will end no later (7) The Regional Administrator may, than 90 days after the end of the own- based on a reasonable belief that the er’s or operator’s fiscal year. To obtain owner or operator may no longer meet the extension, the owner’s or opera- the requirements of paragraph (e)(1) of tor’s chief financial officer must send, this section, require reports of finan- by the effective date of these regula- cial condition at any time from the tions, a letter to the Regional Adminis- owner or operator in addition to those trator of each Region in which the specified in paragraph (e)(3) of this sec- owner’s or operator’s facilities to be tion. If the Regional Administrator covered by the financial test are lo- finds, on the basis of such reports or cated. This letter from the chief finan- other information, that the owner or cial officer must: operator no longer meets the require- (i) Request the extension; ments of paragraph (e)(1) of this sec- (ii) Certify that he has grounds to be- tion, the owner or operator must pro- lieve that the owner or operator meets vide alternate financial assurance as the criteria of the financial test; specified in this section within 30 days (iii) Specify for each facility to be after notification of such a finding. covered by the test the EPA Identifica- (8) The Regional Administrator may tion Number, name, address, and cur- disallow use of this test on the basis of rent closure and post-closure cost esti- qualifications in the opinion expressed mates to be covered by the test; by the independent certified public ac- (iv) Specify the date ending the own- countant in his report on examination er’s or operator’s last complete fiscal of the owner’s or operator’s financial year before the effective date of these statements (see paragraph (e)(3)(ii) of regulations; this section). An adverse opinion or a
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disclaimer of opinion will be cause for antor will do so or establish a trust disallowance. The Regional Adminis- fund as specified in § 265.143(a) in the trator will evaluate other qualifica- name of the owner or operator. tions on an individual basis. The owner (ii) The corporate guarantee will re- or operator must provide alternate fi- main in force unless the guarantor nancial assurance as specified in this sends notice of cancellation by cer- section within 30 days after notifica- tified mail to the owner or operator tion of the disallowance. and to the Regional Administrator. (9) The owner or operator is no longer Cancellation may not occur, however, required to submit the items specified during the 120 days beginning on the in paragraph (e)(3) of this section when: date of receipt of the notice of can- (i) An owner or operator substitutes cellation by both the owner or operator alternate financial assurance as speci- and the Regional Administrator, as fied in this section; or evidenced by the return receipts. (ii) The Regional Administrator re- leases the owner or operator from the (iii) If the owner or operator fails to requirements of this section in accord- provide alternate financial assurance ance with § 265.143(h). as specified in this section and obtain (10) An owner or operator may meet the written approval of such alternate the requirements of this section by ob- assurance from the Regional Adminis- taining a written guarantee. The guar- trator within 90 days after receipt by antor must be the direct or higher-tier both the owner or operator and the Re- parent corporation of the owner or op- gional Administrator of a notice of erator, a firm whose parent corpora- cancellation of the corporate guar- tion is also the parent corporation of antee from the guarantor, the guar- the owner or operator, or a firm with a antor will provide such alternate finan- ‘‘substantial business relationship’’ cial assurance in the name of the with the owner or operator. The guar- owner or operator. antor must meet the requirements for (f) Use of multiple financial mecha- owners or operators in paragraphs nisms. An owner or operator may sat- (e)(1) through (8) of this section and isfy the requirements of this section by must comply with the terms of the establishing more than one financial guarantee. The wording of the guar- mechanism per facility. These mecha- antee must be identical to the wording nisms are limited to trust funds, surety specified in § 264.151(h). A certified copy bonds, letters of credit, and insurance. of the guarantee must accompany the The mechanisms must be as specified items sent to the Regional Adminis- in paragraphs (a) through (d), respec- trator as specified in paragraph (e)(3) tively, of this section, except that it is of this section. One of these items must the combination of mechanisms, rather be the letter from the guarantor’s chief than the single mechanism, which financial officer. If the guarantor’s par- must provide financial assurance for an ent corporation is also the parent cor- amount at least equal to the current poration of the owner or operator, the closure cost estimate. If an owner or letter must describe the value received in consideration of the guarantee. If operator uses a trust fund in combina- the guarantor is a firm with a ‘‘sub- tion with a surety bond or a letter of stantial business relationship’’ with credit, he may use the trust fund as the the owner or operator, this letter must standby trust fund for the other mech- describe this ‘‘substantial business re- anisms. A single standby trust fund lationship’’ and the value received in may be established for two or more consideration of the guarantee. The mechanisms. The Regional Adminis- terms of the guarantee must provide trator may use any or all of the mecha- that: nisms to provide for closure of the fa- (i) If the owner or operator fails to cility. perform final closure of a facility cov- (g) Use of a financial mechanism for ered by the corporate guarantee in ac- multiple facilities. An owner or operator cordance with the closure plan and may use a financial assurance mecha- other interim status requirements nism specified in this section to meet whenever required to do so, the guar- the requirements of this section for
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more than one facility. Evidence of fi- plicable post-closure regulations in nancial assurance submitted to the Re- §§ 265.117 through 265.120, 265.228, 265.258, gional Administrator must include a 265.280, and 265.310. list showing, for each facility, the EPA (1) The post-closure cost estimate Identification Number, name, address, must be based on the costs to the and the amount of funds for closure as- owner or operator of hiring a third sured by the mechanism. If the facili- party to conduct post-closure care ac- ties covered by the mechanism are in tivities. A third party is a party who is more than one Region, identical evi- neither a parent nor subsidiary of the dence of financial assurance must be owner or operator. (See definition of submitted to and maintained with the parent corporation in § 265.141(d).) Regional Administrators of all such (2) The post-closure cost estimate is Regions. The amount of funds available calculated by multiplying the annual through the mechanism must be no post-closure cost estimate by the num- less than the sum of funds that would ber of years of post-closure care re- be available if a separate mechanism quired under § 265.117. had been established and maintained (b) During the active life of the facil- for each facility. In directing funds available through the mechanism for ity, the owner or operator must adjust closure of any of the facilities covered the post-closure cost estimate for in- by the mechanism, the Regional Ad- flation within 60 days prior to the anni- ministrator may direct only the versary date of the establishment of amount of funds designated for that fa- the financial instrument(s) used to cility, unless the owner or operator comply with § 265.145. For owners or op- agrees to the use of additional funds erators using the financial test or cor- available under the mechanism. porate guarantee, the post-closure care (h) Release of the owner or operator cost estimate must be updated for in- from the requirements of this section. flation no later than 30 days after the Within 60 days after receiving certifi- close of the firm’s fiscal year and be- cations from the owner or operator and fore submission of updated information a qualified Professional Engineer that to the Regional Administrator as speci- final closure has been completed in ac- fied in § 265.145(d)(5). The adjustment cordance with the approved closure may be made by recalculating the post- plan, the Regional Administrator will closure cost estimate in current dollars notify the owner or operator in writing or by using an inflation factor derived that he is no longer required by this from the most recent Implicit Price section to maintain financial assur- Deflator for Gross National Product ance for final closure of the facility, published by the U.S. Department of unless the Regional Administrator has Commerce in its Survey of Current Busi- reason to believe that final closure has ness as specified in § 265.145 (b)(1) and not been in accordance with the ap- (2). The inflation factor is the result of proved closure plan. The Regional Ad- dividing the latest published annual ministrator shall provide the owner or Deflator by the Deflator for the pre- operator a detailed written statement vious year. of any such reason to believe that clo- (1) The first adjustment is made by sure has not been in accordance with multiplying the post-closure cost esti- the approved closure plan. mate by the inflation factor. The result is the adjusted post-closure cost esti- [47 FR 15064, Apr. 7, 1982, as amended at 51 FR 16456, May 2, 1986; 57 FR 42843, Sept. 16, mate. 1992; 71 FR 16909, Apr. 4, 2006] (2) Subsequent adjustments are made by multiplying the latest adjusted § 265.144 Cost estimate for post-closure post-closure cost estimate by the latest care. inflation factor. (a) The owner or operator of a haz- (c) During the active life of the facil- ardous waste disposal unit must have a ity, the owner or operator must revise detailed written estimate, in current the post-closure cost estimate no later dollars, of the annual cost of post-clo- than 30 days after a revision to the sure monitoring and maintenance of post-closure plan which increases the the facility in accordance with the ap- cost of post-closure care. If the owner
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or operator has an approved post-clo- tions or over the remaining operating sure plan, the post-closure cost esti- life of the facility as estimated in the mate must be revised no later than 30 closure plan, whichever period is short- days after the Regional Administrator er; this period is hereafter referred to has approved the request to modify the as the ‘‘pay-in period.’’ The payments plan, if the change in the post-closure into the post-closure trust fund must plan increases the cost of post-closure be made as follows: care. The revised post-closure cost esti- (i) The first payment must be made mate must be adjusted for inflation as by the effective date of these regula- specified in § 265.144(b). tions, except as provided in paragraph (d) The owner or operator must keep (a)(5) of this section. The first payment the following at the facility during the must be at least equal to the current operating life of the facility: the latest post-closure cost estimate, except as post-closure cost estimate prepared in provided in § 265.145(f), divided by the accordance with § 265.144 (a) and (c) number of years in the pay-in period. and, when this estimate has been ad- (ii) Subsequent payments must be justed in accordance with § 265.144(b), made no later than 30 days after each the latest adjusted post-closure cost es- anniversary date of the first payment. timate. The amount of each subsequent pay- [47 FR 15064, Apr. 7, 1982, as amended at 50 ment must be determined by this for- FR 4514, Jan. 31, 1985; 51 FR 16457, May 2, mula: 1986] CE − CV § 265.145 Financial assurance for post- Next payment = closure care. Y By the effective date of these regula- where CE is the current post-closure cost es- tions, an owner or operator of a facility timate, CV is the current value of the trust fund, and Y is the number of years with a hazardous waste disposal unit remaining in the pay-in period. must establish financial assurance for post-closure care of the disposal (4) The owner or operator may accel- unit(s). erate payments into the trust fund or (a) Post-closure trust fund. (1) An he may deposit the full amount of the owner or operator may satisfy the re- current post-closure cost estimate at quirements of this section by estab- the time the fund is established. How- lishing a post-closure trust fund which ever, he must maintain the value of the conforms to the requirements of this fund at no less than the value that the paragraph and submitting an originally fund would have if annual payments signed duplicate of the trust agreement were made as specified in paragraph to the Regional Administrator. The (a)(3) of this section. trustee must be an entity which has (5) If the owner or operator estab- the authority to act as a trustee and lishes a post-closure trust fund after whose trust operations are regulated having used one or more alternate and examined by a Federal or State mechanisms specified in this section, agency. his first payment must be in at least (2) The wording of the trust agree- the amount that the fund would con- ment must be identical to the wording tain if the trust fund were established specified in § 264.151(a)(1), and the trust initially and annual payments made as agreement must be accompanied by a specified in paragraph (a)(3) of this sec- formal certification of acknowledg- tion. ment (for example, see § 264.151(a)(2)). (6) After the pay-in period is com- Schedule A of the trust agreement pleted, whenever the current post-clo- must be updated within 60 days after a sure cost estimate changes during the change in the amount of the current operating life of the facility, the owner post-closure cost estimate covered by or operator must compare the new esti- the agreement. mate with the trustee’s most recent (3) Payments into the trust fund annual valuation of the trust fund. If must be made annually by the owner or the value of the fund is less than the operator over the 20 years beginning amount of the new estimate, the owner with the effective date of these regula- or operator, within 60 days after the
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change in the cost estimate, must ei- or operator with a detailed written ther deposit an amount into the fund statement of reasons. so that its value after this deposit at (12) The Regional Administrator will least equals the amount of the current agree to termination of the trust when: post-closure cost estimate, or obtain (i) An owner or operator substitutes other financial assurance as specified alternate financial assurance as speci- in this section to cover the difference. fied in this section; or (7) During the operating life of the fa- (ii) The Regional Administrator re- cility, if the value of the trust fund is leases the owner or operator from the greater than the total amount of the requirements of this section in accord- current post-closure cost estimate, the ance with § 265.145(h). owner or operator may submit a writ- (b) Surety bond guaranteeing payment ten request to the Regional Adminis- into a post-closure trust fund. (1) An trator for release of the amount in owner or operator may satisfy the re- excess of the current post-closure cost quirements of this section by obtaining estimate. a surety bond which conforms to the (8) If an owner or operator sub- requirements of this paragraph and stitutes other financial assurance as submitting the bond to the Regional specified in this section for all or part Administrator. The surety company of the trust fund, he may submit a issuing the bond must, at a minimum, written request to the Regional Admin- be among those listed as acceptable istrator for release of the amount in sureties on Federal bonds in Circular excess of the current post-closure cost 570 of the U.S. Department of the estimate covered by the trust fund. Treasury. (2) The wording of the surety bond (9) Within 60 days after receiving a must be identical to the wording speci- request from the owner or operator for fied in § 264.151(b). release of funds as specified in para- (3) The owner or operator who uses a graph (a) (7) or (8) of this section, the surety bond to satisfy the require- Regional Administrator will instruct ments of this section must also estab- the trustee to release to the owner or lish a standby trust fund. Under the operator such funds as the Regional terms of the bond, all payments made Administrator specifies in writing. thereunder will be deposited by the (10) During the period of post-closure surety directly into the standby trust care, the Regional Administrator may fund in accordance with instructions approve a release of funds if the owner from the Regional Administrator. This or operator demonstrates to the Re- standby trust fund must meet the re- gional Administrator that the value of quirements specified in § 265.145(a), ex- the trust fund exceeds the remaining cept that: cost of post-closure care. (i) An originally signed duplicate of (11) An owner or operator or any the trust agreement must be submitted other person authorized to conduct to the Regional Administrator with the post-closure care may request reim- surety bond; and bursements for post-closure expendi- (ii) Until the standby trust fund is tures by submitting itemized bills to funded pursuant to the requirements of the Regional Administrator. Within 60 this section, the following are not re- days after receiving bills for post-clo- quired by these regulations: sure care activities, the Regional Ad- (A) Payments into the trust fund as ministrator will instruct the trustee to specified in § 265.145(a); make reimbursements in those (B) Updating of Schedule A of the amounts as the Regional Adminis- trust agreement (see § 264.151(a)) to trator specifies in writing, if the Re- show current post-closure cost gional Administrator determines that estimates; the post-closure expenditures are in ac- (C) Annual valuations as required by cordance with the approved post-clo- the trust agreement; and sure plan or otherwise justified. If the (D) Notices of nonpayment as re- Regional Administrator does not in- quired by the trust agreement. struct the trustee to make such reim- (4) The bond must guarantee that the bursements, he will provide the owner owner or operator will:
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(i) Fund the standby trust fund in an ministrator, as evidenced by the return amount equal to the penal sum of the receipts. bond before the beginning of final clo- (9) The owner or operator may cancel sure of the facility; or the bond if the Regional Administrator (ii) Fund the standby trust fund in an has given prior written consent based amount equal to the penal sum within on his receipt of evidence of alternate 15 days after an administrative order financial assurance as specified in this to begin final closure issued by the Re- section. gional Administrator becomes final, or (c) Post-closure letter of credit. (1) An within 15 days after an order to begin owner or operator may satisfy the re- final closure is issued by a U.S. district quirements of this section by obtaining court or other court of competent ju- an irrevocable standby letter of credit risdiction; or which conforms to the requirements of (iii) Provide alternate financial as- this paragraph and submitting the let- surance as specified in this section, and ter to the Regional Administrator. The obtain the Regional Administrator’s issuing institution must be an entity written approval of the assurance pro- which has the authority to issue letters vided, within 90 days after receipt by of credit and whose letter-of-credit op- both the owner or operator and the erations are regulated and examined by Regional Administrator of a notice of a Federal or State agency. cancellation of the bond from the sur- (2) The wording of the letter of credit ety. must be identical to the wording speci- fied in § 264.151(d). (5) Under the terms of the bond, the (3) An owner or operator who uses a surety will become liable on the bond letter of credit to satisfy the require- obligation when the owner or operator ments of this section must also estab- fails to perform as guaranteed by the lish a standby trust fund. Under the bond. terms of the letter of credit, all (6) The penal sum of the bond must amounts paid pursuant to a draft by be in an amount at least equal to the the Regional Administrator will be de- current post-closure cost estimate, ex- posited by the issuing institution di- cept as provided in § 265.145(f). rectly into the standby trust fund in (7) Whenever the current post-closure accordance with instructions from the cost estimate increases to an amount Regional Administrator. This standby greater than the penal sum, the owner trust fund must meet the requirements or operator, within 60 days after the in- of the trust fund specified in crease, must either cause the penal § 265.145(a), except that: sum to be increased to an amount at (i) An originally signed duplicate of least equal to the current post-closure the trust agreement must be submitted cost estimate and submit evidence of to the Regional Administrator with the such increase to the Regional Adminis- letter of credit; and trator, or obtain other financial assur- (ii) Unless the standby trust fund is ance as specified in this section to funded pursuant to the requirements of cover the increase. Whenever the this section, the following are not re- current post-closure cost estimate de- quired by these regulations: creases, the penal sum may be reduced (A) Payments into the trust fund as to the amount of the current post- specified in § 265.145(a); closure cost estimate following written (B) Updating of Schedule A of the approval by the Regional trust agreement (see § 264.151(a)) to Administrator. show current post-closure cost (8) Under the terms of the bond, the estimates; surety may cancel the bond by sending (C) Annual valuations as required by notice of cancellation by certified mail the trust agreement; and to the owner or operator and to the Re- (D) Notices of nonpayment as re- gional Administrator. Cancellation quired by the trust agreement. may not occur, however, during the 120 (4) The letter of credit must be ac- days beginning on the date of receipt of companied by a letter from the owner the notice of cancellation by both the or operator referring to the letter of owner or operator and the Regional Ad- credit by number, issuing institution,
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and date, and providing the following in accordance with the approved post- information: The EPA Identification closure plan and other permit require- Number, name, and address of the facil- ments, the Regional Administrator ity, and the amount of funds assured may draw on the letter of credit. for post-closure care of the facility by (10) If the owner or operator does not the letter of credit. establish alternate financial assurance (5) The letter of credit must be irrev- as specified in this section and obtain ocable and issued for a period of at written approval of such alternate as- least 1 year. The letter of credit must surance from the Regional Adminis- provide that the expiration date will be trator within 90 days after receipt by automatically extended for a period of both the owner or operator and the Re- at least 1 year unless, at least 120 days gional Administrator of a notice from before the current expiration date, the the issuing institution that it has de- issuing institution notifies both the cided not to extend the letter of credit owner or operator and the Regional Ad- beyond the current expiration date, the ministrator by certified mail of a deci- sion not to extend the expiration date. Regional Administrator will draw on Under the terms of the letter of credit, the letter of credit. The Regional Ad- the 120 days will begin on the date ministrator may delay the drawing if when both the owner or operator and the issuing institution grants an exten- the Regional Administrator have re- sion of the term of the credit. During ceived the notice, as evidenced by the the last 30 days of any such extension return receipts. the Regional Administrator will draw (6) The letter of credit must be issued on the letter of credit if the owner or in an amount at least equal to the cur- operator has failed to provide alternate rent post-closure cost estimate, except financial assurance as specified in this as provided in § 265.145(f). section and obtain written approval of (7) Whenever the current post-closure such assurance from the Regional cost estimate increases to an amount Administrator. greater than the amount of the credit (11) The Regional Administrator will during the operating life of the facil- return the letter of credit to the ity, the owner or operator, within 60 issuing institution for termination days after the increase, must either when: cause the amount of the credit to be in- (i) An owner or operator substitutes creased so that it at least equals the alternate financial assurance as speci- current post-closure cost estimate and fied in this section; or submit evidence of such increase to the (ii) The Regional Administrator re- Regional Administrator, or obtain leases the owner or operator from the other financial assurance as specified requirements of this section in accord- in this section to cover the increase. ance with § 265.145(h). Whenever the current post-closure cost estimate decreases during the oper- (d) Post-closure insurance. (1) An ating life of the facility, the amount of owner or operator may satisfy the re- the credit may be reduced to the quirements of this section by obtaining amount of the current post-closure post-closure insurance which conforms cost estimate following written ap- to the requirements of this paragraph proval by the Regional Administrator. and submitting a certificate of such in- (8) During the period of post-closure surance to the Regional Administrator. care, the Regional Administrator may By the effective date of these regula- approve a decrease in the amount of tions the owner or operator must sub- the letter of credit if the owner or op- mit to the Regional Administrator a erator demonstrates to the Regional letter from an insurer stating that the Administrator that the amount ex- insurer is considering issuance of post- ceeds the remaining cost of post-clo- closure insurance conforming to the re- sure care. quirements of this paragraph to the (9) Following a final administrative owner or operator. Within 90 days after determination pursuant to section 3008 the effective date of these regulations, of RCRA that the owner or operator the owner or operator must submit the has failed to perform post-closure care certificate of insurance to the Regional
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Administrator or establish other finan- paragraph (d)(11) of this section. Fail- cial assurance as specified in this sec- ure to pay the premium, without sub- tion. At a minimum, the insurer must stitution of alternate financial assur- be licensed to transact the business of ance as specified in the section, will insurance, or eligible to provide insur- constitute a significant violation of ance as an excess or surplus lines in- these regulations, warranting such surer, in one or more States. remedy as the Regional Administrator (2) The wording of the certificate of deems necessary. Such violation will insurance must be identical to the be deemed to begin upon receipt by the wording specified in § 264.151(e). Regional Administrator of a notice of (3) The post-closure insurance policy future cancellation, termination, or must be issued for a face amount at failure to renew due to nonpayment of least equal to the current post-closure the premium, rather than upon the cost estimate, except as provided in date of expiration. § 265.145(f). The term ‘‘face amount’’ (7) Each policy most contain a provi- means the total amount the insurer is sion allowing assignment of the policy obligated to pay under the policy. Ac- to a successor owner or operator. Such tual payments by the insurer will not assignment may be conditional upon change the face amount, although the consent of the insurer, provided such insurer’s future liability will be low- consent is not unreasonably refused. ered by the amount of the payments. (8) The policy must provide that the (4) The post-closure insurance policy insurer may not cancel, terminate, or must guarantee that funds will be fail to renew the policy except for fail- available to provide post-closure care ure to pay the premium. The auto- of the facility whenever the post-clo- matic renewal of the policy must, at a sure period begins. The policy must minimum, provide the insured with the also guarantee that once post-closure option of renewal at the face amount of care begins the insurer will be respon- the expiring policy. If there is a failure sible for paying out funds, up to an to pay the premium, the insurer may amount equal to the face amount of elect to cancel, terminate, or fail to the policy, upon the direction of the renew the policy by sending notice by Regional Administrator, to such party certified mail to the owner or operator or parties as the Regional Adminis- and the Regional Administrator. Can- trator specifies. cellation, termination, or failure to (5) An owner or operator or any other renew may not occur, however, during person authorized to perform post-clo- the 120 days beginning with the date of sure care may request reimbursement receipt of the notice by both the Re- for post-closure care expenditures by gional Administrator and the owner or submitting itemized bills to the Re- operator, as evidenced by the return re- gional Administrator. Within 60 days ceipts. Cancellation, termination, or after receiving bills for post-closure failure to renew may not occur and the care activities, the Regional Adminis- policy will remain in full force and ef- trator will instruct the insurer to fect in the event that on or before the make reimbursements in those date of expiration: amounts as the Regional Adminis- (i) The Regional Administrator trator specifies in writing, if the Re- deems the facility abandoned; or gional Administrator determines that (ii) Interim status is terminated or the post-closure expenditures are in ac- revoked; or cordance with the approved post-clo- (iii) Closure is ordered by the Re- sure plan or otherwise justified. If the gional Administrator or a U.S. district Regional Administrator does not in- court or other court of competent ju- struct the insurer to make such reim- risdiction; or bursements, he will provide a detailed (iv) The owner or operator is named written statement of reasons. as debtor in a voluntary or involuntary (6) The owner or operator must main- proceeding under Title 11 (Bank- tain the policy in full force and effect ruptcy), U.S. Code; or until the Regional Administrator con- (v) The premium due is paid. sents to termination of the policy by (9) Whenever the current post-closure the owner or operator as specified in cost estimate increases to an amount
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greater than the face amount of the assets to current liabilities greater policy during the operating life of the than 1.5; and facility, the owner or operator, within (B) Net working capital and tangible 60 days after the increase, must either net worth each at least six times the cause the face amount to be increased sum of the current closure and post- to an amount at least equal to the cur- closure cost estimates and the current rent post-closure cost estimate and plugging and abandonment cost esti- submit evidence of such increase to the mates; and Regional Administrator, or obtain (C) Tangible net worth of at least $10 other financial assurance as specified million; and in this section to cover the increase. (D) Assets in the United States Whenever the current post-closure cost amounting to at least 90 percent of his estimate decreases during the oper- total assets or at least six times the ating life of the facility, the face sum of the current closure and post- amount may be reduced to the amount closure cost estimates and the current of the current post-closure cost esti- plugging and abandonment cost esti- mate following written approval by the mates. Regional Administrator. (ii) The owner or operator must have: (10) Commencing on the date that li- (A) A current rating for his most re- ability to make payments pursuant to cent bond issuance of AAA, AA, A, or the policy accrues, the insurer will BBB as issued by Standard and Poor’s thereafter annually increase the face or Aaa, Aa, A, or Baa as issued by amount of the policy. Such increase Moody’s; and must be equivalent to the face amounts (B) Tangible net worth at least six of the policy, less any payments made, times the sum of the current closure multiplied by an amount equivalent to and post-closure cost estimates and the 85 percent of the most recent invest- current plugging and abandonment ment rate or of the equivalent coupon- cost estimates; and issue yield announced by the U.S. (C) Tangible net worth of at least $10 Treasury for 26-week Treasury million; and securities. (D) Assets located in the United (11) The Regional Administrator will States amounting to at least 90 percent give written consent to the owner or of his total assets or at least six times operator that he may terminate the in- the sum of the current closure and surance policy when: post-closure cost estimates and the (i) An owner or operator substitutes current plugging and abandonment alternate financial assurance as speci- cost estimates. fied in this section; or (2) The phrase ‘‘current closure and (ii) The Regional Administrator re- post-closure cost estimates’’ as used in leases the owner or operator from the paragraph (e)(1) of this section refers to requirements of this section in accord- the cost estimates required to be ance with § 265.145(h). shown in paragraphs 1–4 of the letter (e) Financial test and corporate guar- from the owner’s or operator’s chief fi- antee for post-closure care. (1) An owner nancial officer (§ 264.151(f)). The phrase or operator may satisfy the require- ‘‘current plugging and abandonment ments of this section by demonstrating cost estimates’’ as used in paragraph that he passes a financial test as speci- (e)(1) of this section refers to the cost fied in this paragraph. To pass this test estimates required to be shown in para- the owner or operator must meet the graphs 1–4 of the letter from the own- criteria either of paragraph (e)(1)(i) or er’s or operator’s chief financial officer (ii) of this section: (§ 144.70(f) of this title). (i) The owner or operator must have: (3) To demonstrate that he meets (A) Two of the following three ratios: this test, the owner or operator must a ratio of total liabilities to net worth submit the following items to the Re- less than 2.0; a ratio of the sum of net gional Administrator: income plus depreciation, depletion, (i) A letter signed by the owner’s or and amortization to total liabilities operator’s chief financial officer and greater than 0.1; and a ratio of current worded as specified in § 264.151(f); and
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(ii) A copy of the independent cer- specified in paragraph (e)(3) of this sec- tified public accountant’s report on ex- tion; and amination of the owner’s or operator’s (vi) Certify that the year-end finan- financial statements for the latest cial statements of the owner or oper- completed fiscal year; and ator for such fiscal year will be audited (iii) A special report from the owner’s by an independent certified public or operator’s independent certified pub- accountant. lic accountant to the owner or operator (5) After the initial submission of stating that: items specified in paragraph (e)(3) of (A) He has compared the data which this section, the owner or operator the letter from the chief financial offi- must send updated information to the cer specifies as having been derived Regional Administrator within 90 days from the independently audited, year- after the close of each succeeding fiscal end financial statements for the latest year. This information must consist of fiscal year with the amounts in such fi- all three items specified in paragraph nancial statements; and (e)(3) of this section. (B) In connection with that proce- (6) If the owner or operator no longer dure, no matters came to his attention meets the requirements of paragraph which caused him to believe that the (e)(1) of this section, he must send no- specified data should be adjusted. tice to the Regional Administrator of (4) The owner or operator may obtain intent to establish alternate financial an extension of the time allowed for assurance as specified in this section. submission of the documents specified The notice must be sent by certified in paragraph (e)(3) of this section if the mail within 90 days after the end of the fiscal year of the owner or operator fiscal year for which the year-end fi- ends during the 90 days prior to the ef- nancial data show that the owner or fective date of these regulations and if operator no longer meets the require- the year-end financial statements for ments. The owner or operator must that fiscal year will be audited by an provide the alternate financial assur- independent certified public account- ant. The extension will end no later ance within 120 days after the end of than 90 days after the end of the own- such fiscal year. er’s or operator’s fiscal year. To obtain (7) The Regional Administrator may, the extension, the owner’s or opera- based on a reasonable belief that the tor’s chief financial officer must send, owner or operator may no longer meet by the effective date of these regula- the requirements of paragraph (e)(1) of tions, a letter to the Regional Adminis- this section, require reports of finan- trator of each Region in which the cial condition at any time from the owner’s or operator’s facilities to be owner or operator in addition to those covered by the financial test are lo- specified in paragraph (e)(3) of this sec- cated. This letter from the chief finan- tion. If the Regional Administrator cial officer must: finds, on the basis of such reports or (i) Request the extension; other information, that the owner or (ii) Certify that he has grounds to be- operator no longer meets the require- lieve that the owner or operator meets ments of paragraph (e)(1) of this sec- the criteria of the financial test; tion, the owner or operator must pro- (iii) Specify for each facility to be vide alternate financial assurance as covered by the test the EPA Identifica- specified in this section within 30 days tion Number, name, address, and the after notification of such a finding. current closure and post-closure cost (8) The Regional Administrator may estimates to be covered by the test; disallow use of this test on the basis of (iv) Specify the date ending the own- qualifications in the opinion expressed er’s or operator’s latest complete fiscal by the independent certified public ac- year before the effective date of these countant in his report on examination regulations; of the owner’s or operator’s financial (v) Specify the date, no later than 90 statements (see paragraph (e)(3)(ii) of days after the end of such fiscal year, this section). An adverse opinion or a when he will submit the documents disclaimer of opinion will be cause for
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disallowance. The Regional Adminis- consideration of the guarantee. The trator will evaluate other qualifica- terms of the guarantee must provide tions on an individual basis. The owner that: or operator must provide alternate fi- (i) If the owner or operator fails to nancial assurance as specified in this perform post-closure care of a facility section within 30 days after notifica- covered by the corporate guarantee in tion of the disallowance. accordance with the post-closure plan (9) During the period of post-closure and other interim status requirements care, the Regional Administrator may whenever required to do so, the guar- approve a decrease in the current post- antor will do so or establish a trust closure cost estimate for which this fund as specified in § 265.145(a) in the test demonstrates financial assurance name of the owner or operator. if the owner or operator demonstrates (ii) The corporate guarantee will re- to the Regional Administrator that the main in force unless the guarantor amount of the cost estimate exceeds sends notice of cancellation by cer- the remaining cost of post-closure care. tified mail to the owner or operator (10) The owner or operator is no and to the Regional Administrator. longer required to submit the items Cancellation may not occur, however, specified in paragraph (e)(3) of this sec- during the 120 days beginning on the tion when: date of receipt of the notice of can- (i) An owner or operator substitutes cellation by both the owner or operator alternate financial assurance as speci- and the Regional Administrator, as fied in this section; or evidenced by the return receipts. (ii) The Regional Administrator re- (iii) If the owner or operator fails to leases the owner or operator from the provide alternate financial assurance requirements of this section in accord- as specified in this section and obtain ance with § 265.145(h). the written approval of such alternate (11) An owner or operator may meet assurance from the Regional Adminis- the requirements of this section by ob- trator within 90 days after receipt by taining a written guarantee. The guar- both the owner or operator and the Re- antor must be the direct or higher-tier gional Administrator of a notice of parent corporation of the owner or op- cancellation of the corporate guar- erator, a firm whose parent corpora- antee from the guarantor, the guar- tion is also the parent corporation of antor will provide such alternate finan- the owner or operator, or a firm with a cial assurance in the name of the ‘‘substantial business relationship’’ owner or operator. with the owner or operator. The guar- (f) Use of multiple financial mecha- antor must meet the requirements for nisms. An owner or operator may sat- owners or operators in paragraphs isfy the requirements of this section by (e)(1) through (9) of this section and establishing more than one financial must comply with the terms of the mechanism per facility. These mecha- guarantee. The wording of the guar- nisms are limited to trust funds, surety antee must be identical to the wording bonds, letters of credit, and insurance. specified in § 264.151(h). A certified copy The mechanisms must be as specified of the guarantee must accompany the in paragraphs (a) through (d), respec- items sent to the Regional Adminis- tively, of this section, except that it is trator as specified in paragraph (e)(3) the combination of mechanisms, rather of this section. One of these items must than the single mechanism, which be the letter from the guarantor’s chief must provide financial assurance for an financial officer. If the guarantor’s par- amount at least equal to the current ent corporation is also the parent cor- post-closure cost estimate. If an owner poration of the owner or operator, the or operator uses a trust fund in com- letter must describe the value received bination with a surety bond or a letter in consideration of the guarantee. If of credit, he may use the trust fund as the guarantor is a firm with a ‘‘sub- the standby trust fund for the other stantial business relationship’’ with mechanisms. A single standby trust the owner or operator, this letter must fund may be established for two or describe this ‘‘substantial business re- more mechanisms. The Regional Ad- lationship’’ and the value received in ministrator may use any or all of the
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mechanisms to provide for post-closure cordance with the approved post-clo- care of the facility. sure plan. (g) Use of a financial mechanism for [47 FR 15064, Apr. 7, 1982, as amended at 51 multiple facilities. An owner or operator FR 16457, May 2, 1986; 57 FR 42843, Sept. 16, may use a financial assurance mecha- 1992; 71 FR 16909, Apr. 4, 2006; 71 FR 40275, nism specified in this section to meet July 14, 2006] the requirements of this section for § 265.146 Use of a mechanism for fi- more than one facility. Evidence of fi- nancial assurance of both closure nancial assurance submitted to the Re- and post-closure care. gional Administrator must include a An owner or operator may satisfy the list showing, for each facility, the EPA requirements for financial assurance Identification Number, name, address, for both closure and post-closure care and the amount of funds for post-clo- for one or more facilities by using a sure care assured by the mechanism. If trust fund, surety bond, letter of cred- the facilities covered by the mecha- it, insurance, financial test, or cor- nism are in more than one Region, porate guarantee that meets the speci- identical evidence of financial assur- fications for the mechanism in both ance must be submitted to and main- §§ 265.143 and 265.145. The amount of tained with the Regional Administra- funds available through the mechanism tors of all such Regions. The amount of must be no less than the sum of funds funds available through the mechanism that would be available if a separate must be no less than the sum of funds mechanism had been established and that would be available if a separate maintained for financial assurance of mechanism had been established and closure and of post-closure care. maintained for each facility. In direct- ing funds available through the mecha- § 265.147 Liability requirements. nism for post-closure care of any of the (a) Coverage for sudden accidental oc- facilities covered by the mechanism, currences. An owner or operator of a the Regional Administrator may direct hazardous waste treatment, storage, or only the amount of funds designated disposal facility, or a group of such fa- for that facility, unless the owner or cilities, must demonstrate financial re- operator agrees to the use of additional sponsibility for bodily injury and prop- funds available under the mechanism. erty damage to third parties caused by sudden accidental occurrences arising (h) Release of the owner or operator from operations of the facility or group from the requirements of this section. of facilities. The owner or operator Within 60 days after receiving certifi- must have and maintain liability cov- cations from the owner or operator and erage for sudden accidental occur- a qualified Professional Engineer that rences in the amount of at least $1 mil- the post-closure care period has been lion per occurrence with an annual ag- completed for a hazardous waste dis- gregate of at least $2 million, exclusive posal unit in accordance with the ap- of legal defense costs. This liability proved plan, the Regional Adminis- coverage may be demonstrated as spec- trator will notify the owner or oper- ified in paragraphs (a) (1), (2), (3), (4), ator in writing that he is no longer re- (5), or (6) of this section: quired to maintain financial assurance (1) An owner or operator may dem- for post-closure care of that unit, un- onstrate the required liability coverage less the Regional Administrator has by having liability insurance as speci- reason to believe that post-closure care fied in this paragraph. has not been in accordance with the ap- (i) Each insurance policy must be proved post-closure plan. The Regional amended by attachment of the Haz- Administrator shall provide the owner ardous Waste Facility Liability En- or operator a detailed written state- dorsement, or evidenced by a Certifi- ment of any such reason to believe that cate of Liability Insurance. The word- post-closure care has not been in ac- ing of the endorsement must be iden- tical to the wording specified in § 264.151(i). The wording of the certifi- cate of insurance must be identical to
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the wording specified in § 264.151(j). The and shall specify other assurance as owner or operator must submit a ‘‘excess’’ coverage. signed duplicate original of the en- (7) An owner or operator shall notify dorsement or the certificate of insur- the Regional Administrator in writing ance to the Regional Administrator, or within 30 days whenever: Regional Administrator if the facilities (i) A claim results in a reduction in are located in more than one Region. If the amount of financial assurance for requested by a Regional Administrator, liability coverage provided by a finan- the owner or operator must provide a cial instrument authorized in para- signed duplicate original of the insur- graphs (a)(1) through (a)(6) of this sec- ance policy. tion; or (ii) Each insurance policy must be (ii) A Certification of Valid Claim for issued by an insurer which, at a min- bodily injury or property damages imum, is licensed to transact the busi- caused by a sudden or non-sudden acci- ness of insurance, or eligible to provide dental occurrence arising from the op- insurance as an excess or surplus lines eration of a hazardous waste treat- insurer, in one or more States. ment, storage, or disposal facility is (2) An owner or operator may meet entered between the owner or operator the requirements of this section by and third-party claimant for liability passing a financial test or using the coverage under paragraphs (a)(1) guarantee for liability coverage as through (a)(6) of this section; or specified in paragraphs (f) and (g) of (iii) A final court order establishing a this section. judgment for bodily injury or property (3) An owner or operator may meet damage caused by a sudden or non-sud- the requirements of this section by ob- den accidental occurrence arising from taining a letter of credit for liability the operation of a hazardous waste coverage as specified in paragraph (h) treatment, storage, or disposal facility of this section. is issued against the owner or operator (4) An owner or operator may meet or an instrument that is providing fi- the requirements of this section by ob- nancial assurance for liability coverage taining a surety bond for liability cov- under paragraphs (a)(1) through (a)(6) erage as specified in paragraph (i) of of this section. this section. (b) Coverage for nonsudden accidental (5) An owner or operator may meet occurrences. An owner or operator of a the requirements of this section by ob- surface impoundment, landfill, or land taining a trust fund for liability cov- treatment facility which is used to erage as specified in paragraph (j) of manage hazardous waste, or a group of this section. such facilities, must demonstrate fi- (6) An owner or operator may dem- nancial responsibility for bodily injury onstrate the required liability coverage and property damage to third parties through the use of combinations of in- caused by nonsudden accidental occur- surance, financial test, guarantee, let- rences arising from operations of the ter of credit, surety bond, and trust facility or group of facilities. The fund, except that the owner or operator owner or operator must have and main- may not combine a financial test cov- tain liability coverage for nonsudden ering part of the liability coverage re- accidental occurrences in the amount quirement with a guarantee unless the of at least $3 million per occurrence financial statement of the owner or op- with an annual aggregate of at least $6 erator is not consolidated with the fi- million, exclusive of legal defense nancial statement of the guarantor. costs. An owner or operator who must The amounts of coverage demonstrated meet the requirements of this section must total at least the minimum may combine the required per-occur- amounts required by this section. If rence coverage levels for sudden and the owner or operator demonstrates nonsudden accidental occurrences into the required coverage through the use a single per-occurrence level, and com- of a combination of financial assur- bine the required annual aggregate ances under this paragraph, the owner coverage levels for sudden and nonsud- or operator shall specify at least one den accidental occurrences into a sin- such assurance as ‘‘primary’’ coverage gle annual aggregate level. Owners or
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operators who combine coverage levels erage as specified in paragraph (j) of for sudden and nonsudden accidental this section. occurrences must maintain liability (6) An owner or operator may dem- coverage in the amount of at least $4 onstrate the required liability coverage million per occurrence and $8 million through the use of combinations of in- annual aggregate. This liability cov- surance, financial test, guarantee, let- erage may be demonstrated as specified ter of credit, surety bond, and trust in paragraph (b) (1), (2), (3), (4), (5), or fund, except that the owner or operator (6) of this section: may not combine a financial test cov- (1) An owner or operator may dem- ering part of the liability coverage re- onstrate the required liability coverage quirement with a guarantee unless the by having liability insurance as speci- financial statement of the owner or op- fied in this paragraph. erator is not consolidated with the fi- (i) Each insurance policy must be nancial statement of the guarantor. amended by attachment of the Haz- The amounts of coverage demonstrated ardous Waste Facility Liability En- must total at least the minimum dorsement or evidenced by a Certifi- amounts required by this section. If cate of Liability Insurance. The word- the owner or operator demonstrates ing of the endorsement must be iden- the required coverage through the use tical to the wording specified in of a combination of financial assur- § 264.151(i). The wording of the certifi- ances under this paragraph, the owner cate of insurance must be identical to or operator shall specify at least one the wording specified in § 264.151(j). The such assurance as ‘‘primary’’ coverage owner or operator must submit a and shall specify other assurance as signed duplicate original of the en- ‘‘excess’’ coverage. dorsement or the certificate of insur- (7) An owner or operator shall notify ance to the Regional Administrator, or the Regional Administrator in writing Regional Administrators if the facili- within 30 days whenever: ties are located in more than one Re- (i) A claim results in a reduction in gion. If requested by a Regional Ad- the amount of financial assurance for ministrator, the owner or operator liability coverage provided by a finan- must provide a signed duplicate origi- cial instrument authorized in para- nal of the insurance policy. graphs (b)(1) through (b)(6) of this sec- (ii) Each insurance policy must be tion; or issued by an insurer which, at a min- (ii) A Certification of Valid Claim for imum, is licensed to transact the busi- bodily injury or property damages ness of insurance, or eligible to provide caused by a sudden or non-sudden acci- insurance as an excess or surplus lines dental occurrence arising from the op- insurer, in one or more States. eration of a hazardous waste treat- (2) An owner or operator may meet ment, storage, or disposal facility is the requirements of this section by entered between the owner or operator passing a financial test or using the and third-party claimant for liability guarantee for liability coverage as coverage under paragraphs (b)(1) specified in paragraphs (f) and (g) of through (b)(6) of this section; or this section. (iii) A final court order establishing a (3) An owner or operator may meet judgment for bodily injury or property the requirements of this section by ob- damage caused by a sudden or non-sud- taining a letter of credit for liability den accidental occurrence arising from coverage as specified in paragraph (h) the operation of a hazardous waste of this section. treatment, storage, or disposal facility (4) An owner or operator may meet is issued against the owner or operator the requirements of this section by ob- or an instrument that is providing fi- taining a surety bond for liability cov- nancial assurance for liability coverage erage as specified in paragraph (i) of under paragraphs (b)(1) through (b)(6) this section. of this section. (5) An owner or operator may meet (c) Request for variance. If an owner or the requirements of this section by ob- operator can demonstrate to the satis- taining a trust fund for liability cov- faction of the Regional Administrator
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that the levels of financial responsi- human health and the environment bility required by paragraph (a) or (b) from nonsudden accidental occurrences of this section are not consistent with resulting from the operations of a fa- the degree and duration of risk associ- cility that is not a surface impound- ated with treatment, storage, or dis- ment, landfill, or land treatment facil- posal at the facility or group of facili- ity, he may require that an owner or ties, the owner or operator may obtain operator of the facility comply with a variance from the Regional Adminis- paragraph (b) of this section. An owner trator. The request for a variance must or operator must furnish to the Re- be submitted in writing to the Re- gional Administrator, within a reason- gional Administrator. If granted, the able time, any information which the variance will take the form of an ad- Regional Administrator requests to de- justed level of required liability cov- termine whether cause exists for such erage, such level to be based on the Re- adjustments of level or type of cov- gional Administrator’s assessment of erage. The Regional Administrator will the degree and duration of risk associ- process an adjustment of the level of ated with the ownership or operation of required coverage as if it were a permit the facility or group of facilities. The Regional Administrator may require modification under § 270.41(a)(5) of this an owner or operator who requests a chapter and subject to the procedures variance to provide such technical and of § 124.5 of this chapter. Notwith- engineering information as is deemed standing any other provision, the Re- necessary by the Regional Adminis- gional Administrator may hold a pub- trator to determine a level of financial lic hearing at his discretion or when- responsibility other than that required ever he finds, on the basis of requests by paragraph (a) or (b) of this section. for a public hearing, a significant de- The Regional Administrator will proc- gree of public interest in a tentative ess a variance request as if it were a decision to adjust the level or type of permit modification request under required coverage. § 270.41(a)(5) of this chapter and subject (e) Period of coverage. Within 60 days to the procedures of § 124.5 of this chap- after receiving certifications from the ter. Notwithstanding any other provi- owner or operator and a qualified Pro- sion, the Regional Administrator may fessional Engineer that final closure hold a public hearing at his discretion has been completed in accordance with or whenever he finds, on the basis of re- the approved closure plan, the Regional quests for a public hearing, a signifi- Administrator will notify the owner or cant degree of pubic interest in a ten- operator in writing that he is no longer tative decision to grant a variance. required by this section to maintain li- (d) Adjustments by the Regional Admin- ability coverage for that facility, un- istrator. If the Regional Administrator less the Regional Administrator has determines that the levels of financial reason to believe that closure has not responsibility required by paragraph been in accordance with the approved (a) or (b) of this section are not con- closure plan. sistent with the degree and duration of (f) Financial test for liability coverage. risk associated with treatment, stor- (1) An owner or operator may satisfy age, or disposal at the facility or group the requirements of this section by of facilities, the Regional Adminis- trator may adjust the level of financial demonstrating that he passes a finan- responsibility required under para- cial test as specified in this paragraph. graph (a) or (b) of this section as may To pass this test the owner or operator be necessary to protect human health must meet the criteria of paragraph and the environment. This adjusted (f)(1) (i) or (ii) of this section: level will be based on the Regional Ad- (i) The owner or operator must have: ministrator’s assessment of the degree (A) Net working capital and tangible and duration of risk associated with net worth each at least six times the the ownership or operation of the facil- amount of liability coverage to be dem- ity or group of facilities. In addition, if onstrated by this test; and the Regional Administrator determines (B) Tangible net worth of at least $10 that there is a significant risk to million; and
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(C) Assets in the United States (B) In connection with that proce- amounting to either: (1) At least 90 per- dure, no matters came to his attention cent of his total assets; or (2) at least which caused him to believe that the six times the amount of liability cov- specified data should be adjusted. erage to be demonstrated by this test. (4) The owner or operator may obtain (ii) The owner or operator must have: a one-time extension of the time al- (A) A current rating for his most re- lowed for submission of the documents cent bond issuance of AAA, AA, A, or specified in paragraph (f)(3) of this sec- BBB as issued by Standard and Poor’s, tion if the fiscal year of the owner or or Aaa, Aa, A, or Baa as issued by operator ends during the 90 days prior Moody’s; and to the effective date of these regula- (B) Tangible net worth of at least $10 tions and if the year-end financial million; and statements for that fiscal year will be (C) Tangible net worth at least six audited by an independent certified times the amount of liability coverage public accountant. The extension will to be demonstrated by this test; and end no later than 90 days after the end (D) Assets in the United States of the owner’s or operator’s fiscal year. amounting to either: (1) At least 90 per- To obtain the extension, the owner’s or cent of his total assets; or (2) at least operator’s chief financial officer must six times the amount of liability cov- send, by the effective date of these reg- erage to be demonstrated by this test. ulations, a letter to the Regional Ad- (2) The phrase ‘‘amount of liability ministrator of each Region in which coverage’’ as used in paragraph (f)(1) of the owner’s or operator’s facilities to this section refers to the annual aggre- be covered by the financial test are lo- gate amounts for which coverage is re- cated. This letter from the chief finan- quired under paragraphs (a) and (b) of cial officer must: this section. (i) Request the extension; (3) To demonstrate that he meets (ii) Certify that he has grounds to be- this test, the owner or operator must lieve that the owner or operator meets submit the following three items to the Regional Administrator: the criteria of the financial test; (i) A letter signed by the owner’s or (iii) Specify for each facility to be operator’s chief financial officer and covered by the test the EPA Identifica- worded as specified in § 264.151(g). If an tion Number, name, address, the owner or operator is using the financial amount of liability coverage and, when test to demonstrate both assurance for applicable, current closure and post- closure or post-closure care, as speci- closure cost estimates to be covered by fied by §§ 264.143(f), 264.145(f), 265.143(e), the test; and 265.145(e), and liability coverage, (iv) Specify the date ending the own- he must submit the letter specified in er’s or operator’s last complete fiscal § 264.151(g) to cover both forms of finan- year before the effective date of these cial responsibility; a separate letter as regulations; specified in § 264.151(f) is not required. (v) Specify the date, no later than 90 (ii) A copy of the independent cer- days after the end of such fiscal year, tified public accountant’s report on ex- when he will submit the documents amination of the owner’s or operator’s specified in paragraph (f)(3) of this sec- financial statements for the latest tion; and completed fiscal year. (vi) Certify that the year-end finan- (iii) A special report from the owner’s cial statements of the owner or oper- or operator’s independent certified pub- ator for such fiscal year will be audited lic accountant to the owner or operator by an independent certified public ac- stating that: countant. (A) He has compared the data which (5) After the initial submission of the letter from the chief financial offi- items specified in paragraph (f)(3) of cer specifies as having been derived this section, the owner or operator from the independently audited, year- must send updated information to the end financial statements for the latest Regional Administrator within 90 days fiscal year with the amounts in such fi- after the close of each succeeding fiscal nancial statements; and year. This information must consist of
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all three items specified in paragraph also the parent corporation of the (f)(3) of this section. owner or operator, this letter must de- (6) If the owner or operator no longer scribe the value received in consider- meets the requirements of paragraph ation of the guarantee. If the guar- (f)(1) of this section, he must obtain in- antor is a firm with a ‘‘substantial surance, a letter of credit, a surety business relationship’’ with the owner bond, a trust fund, or a guarantee for or operator, this letter must describe the entire amount of required liability this ‘‘substantial business relation- coverage as specified in this section. ship’’ and the value received in consid- Evidence of liability coverage must be eration of the guarantee. submitted to the Regional Adminis- (i) If the owner or operator fails to trator within 90 days after the end of satisfy a judgment based on a deter- the fiscal year for which the year-end mination of liability for bodily injury financial data show that the owner or or property damage to third parties operator no longer meets the test re- caused by sudden or nonsudden acci- quirements. dental occurrences (or both as the case (7) The Regional Administrator may may be), arising from the operation of disallow use of this test on the basis of facilities covered by this corporate qualifications in the opinion expressed guarantee, or fails to pay an amount by the independent certified public ac- agreed to in settlement of claims aris- countant in his report on examination ing from or alleged to arise from such of the owner’s or operator’s financial injury or damage, the guarantor will statements (see paragraph (f)(3)(ii) of do so up to the limits of coverage. this section). An adverse opinion or a (ii) [Reserved] disclaimer of opinion will be cause for disallowance. The Regional Adminis- (2)(i) In the case of corporations in- trator will evaluate other qualifica- corporated in the United States, a tions on an individual basis. The owner guarantee may be used to satisfy the or operator must provide evidence of requirements of this section only if the insurance for the entire amount of re- Attorneys General or Insurance Com- quired liability coverage as specified in missioners of (A) the State in which this section within 30 days after notifi- the guarantor is incorporated, and (B) cation of disallowance. each State in which a facility covered (g) Guarantee for liability coverage. (1) by the guarantee is located have sub- Subject to paragraph (g)(2) of this sec- mitted a written statement to EPA tion, an owner or operator may meet that a guarantee executed as described the requirements of this section by ob- in this section and § 264.151(h)(2) is a le- taining a written guarantee, herein- gally valid and enforceable obligation after referred to as ‘‘guarantee.’’ The in that State. guarantor must be the direct or higher- (ii) In the case of corporations incor- tier parent corporation of the owner or porated outside the United States, a operator, a firm whose parent corpora- guarantee may be used to satisfy the tion is also the parent corporation of requirements of this section only if (A) the owner or operator, or a firm with a the non-U.S. corporation has identified ‘‘substantial business relationship’’ a registered agent for service of process with the owner or operator. The guar- in each State in which a facility cov- antor must meet the requirements for ered by the guarantee is located and in owners or operators in paragraphs (f)(1) the State in which it has its principal through (f)(6) of this section. The word- place of business, and if (B) the Attor- ing of the guarantee must be identical ney General or Insurance Commis- to the wording specified in sioner of each State in which a facility § 264.151(h)(2) of this chapter. A cer- covered by the guarantee is located and tified copy of the guarantee must ac- the State in which the guarantor cor- company the items sent to the Re- poration has its principal place of busi- gional Administrator as specified in ness, has submitted a written state- paragraph (f)(3) of this section. One of ment to EPA that a guarantee exe- these items must be the letter from the cuted as described in this section and guarantor’s chief financial officer. If § 264.151(h)(2) is a legally valid and en- the guarantor’s parent corporation is forceable obligation in that State.
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(h) Letter of credit for liability coverage. scribed in this section and § 264.151(l) of (1) An owner or operator may satisfy this chapter is a legally valid and en- the requirements of this section by ob- forceable obligation in that State. taining an irrevocable standby letter of (j) Trust fund for liability coverage. (1) credit that conforms to the require- An owner or operator may satisfy the ments of this paragraph and submit- requirements of this section by estab- ting a copy of the letter of credit to the lishing a trust fund that conforms to Regional Administrator. the requirements of this paragraph and (2) The financial institution issuing submitting an originally signed dupli- the letter of credit must be an entity cate of the trust agreement to the Re- that has the authority to issue letters gional Administrator. of credit and whose letter of credit op- (2) The trustee must be an entity erations are regulated and examined by which has the authority to act as a a Federal or State agency. trustee and whose trust operations are (3) The wording of the letter of credit must be identical to the wording speci- regulated and examined by a Federal or fied in § 264.151(k) of this chapter. State agency. (4) An owner or operator who uses a (3) The trust fund for liability cov- letter of credit to satisfy the require- erage must be funded for the full ments of this section may also estab- amount of the liability coverage to be lish a standby trust fund. Under the provided by the trust fund before it terms of such a letter of credit, all may be relied upon to satisfy the re- amounts paid pursuant to a draft by quirements of this section. If at any the trustee of the standby trust will be time after the trust fund is created the deposited by the issuing institution amount of funds in the trust fund is re- into the standby trust in accordance duced below the full amount of the li- with instructions from the trustee. The ability coverage to be provided, the trustee of the standby trust fund must owner or operator, by the anniversary be an entity which has the authority to date of the establishment of the Fund, act as a trustee and whose trust oper- must either add sufficient funds to the ations are regulated and examined by a trust fund to cause its value to equal Federal or State agency. the full amount of liability coverage to (5) The wording of the standby trust be provided, or obtain other financial fund must be identical to the wording assurance as specified in this section to specified in § 264.151(n). cover the difference. For purposes of (i) Surety bond for liability coverage. (1) this paragraph, ‘‘the full amount of the An owner or operator may satisfy the liability coverage to be provided’’ requirements of this section by obtain- means the amount of coverage for sud- ing a surety bond that conforms to the den and/or nonsudden occurrences re- requirements of this paragraph and quired to be provided by the owner or submitting a copy of the bond to the operator by this section, less the Regional Administrator. amount of financial assurance for (2) The surety company issuing the liability coverage that is being pro- bond must be among those listed as ac- ceptable sureties on Federal bonds in vided by other financial assurance the most recent Circular 570 of the U.S. mechanisms being used to demonstrate Department of the Treasury. financial assurance by the owner or (3) The wording of the surety bond operator. must be identical to the wording speci- (4) The wording of the trust fund fied in § 264.151(l) of this chapter. must be identical to the wording speci- (4) A surety bond may be used to sat- fied in § 264.151(m) of this part. isfy the requirements of this section (k) Notwithstanding any other provi- only if the Attorneys General or Insur- sion of this part, an owner or operator ance Commissioners of (i) the State in using liability insurance to satisfy the which the surety is incorporated, and requirements of this section may use, (ii) each State in which a facility cov- until October 16, 1982, a Hazardous ered by the surety bond is located have Waste Facility Liability Endorsement submitted a written statement to EPA or Certificate of Liability Insurance that a surety bond executed as de- that does not certify that the insurer is
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licensed to transact the business of in- trator determines that the State mech- surance, or eligible as an excess or sur- anisms are at least equivalent to the fi- plus lines insurer, in one or more nancial mechanisms specified in this States. subpart. The Regional Administrator [47 FR 16558, Apr. 16, 1982, as amended at 47 will evaluate the equivalency of the FR 28627, July 1, 1982; 47 FR 30447, July 13, mechanisms principally in terms of (1) 1982; 48 FR 30115, June 30, 1983; 51 FR 16458, certainty of the availability of funds May 2, 1986; 51 FR 25355, July 11, 1986; 52 FR for the required closure or post-closure 44321, Nov. 18, 1987; 53 FR 33959, Sept. 1, 1988; care activities or liability coverage and 56 FR 30200, July 1, 1991; 56 FR 47912, Sept. 23, (2) the amount of funds that will be 1991; 57 FR 42843, Sept. 16, 1992; 71 FR 16910, made available. The Regional Adminis- Apr. 4, 2006; 71 FR 40275, July 14, 2006] trator may also consider other factors § 265.148 Incapacity of owners or oper- as he deems appropriate. The owner or ators, guarantors, or financial insti- operator must submit to the Regional tutions. Administrator evidence of the estab- (a) An owner or operator must notify lishment of the mechanism together the Regional Administrator by cer- with a letter requesting that the State- tified mail of the commencement of a required mechanism be considered ac- voluntary or involuntary proceeding ceptable for meeting the requirements under Title 11 (Bankruptcy), U.S. Code, of this subpart. The submission must naming the owner or operator as debt- include the following information: The or, within 10 days after commencement facility’s EPA Identification Number, of the proceeding. A guarantor of a cor- name, and address, and the amount of porate guarantee as specified in funds for closure or post-closure care §§ 265.143(e) and 265.145(e) must make or liability coverage assured by the such a notification if he is named as mechanism. The Regional Adminis- debtor, as required under the terms of trator will notify the owner or oper- the corporate guarantee (§ 264.151(h)). ator of his determination regarding the (b) An owner or operator who fulfills mechanism’s acceptability in lieu of fi- the requirements of § 265.143, § 265.145, nancial mechanisms specified in this or § 265.147 by obtaining a trust fund, subpart. The Regional Administrator surety bond, letter of credit, or insur- may require the owner or operator to ance policy will be deemed to be with- submit additional information as is out the required financial assurance or deemed necessary to make this deter- liability coverage in the event of bank- mination. Pending this determination, ruptcy of the trustee or issuing institu- the owner or operator will be deemed tion, or a suspension or revocation of to be in compliance with the require- the authority of the trustee institution ments of § 265.143, § 265.145, or § 265.147, to act as trustee or of the institution as applicable. issuing the surety bond, letter of cred- (b) If a State-required mechanism is it, or insurance policy to issue such in- found acceptable as specified in para- struments. The owner or operator must graph (a) of this section except for the establish other financial assurance or amount of funds available, the owner liability coverage within 60 days after or operator may satisfy the require- such an event. ments of this subpart by increasing the funds available through the State-re- § 265.149 Use of State-required mecha- quired mechanism or using additional nisms. financial mechanisms as specified in (a) For a facility located in a State this subpart. The amount of funds where EPA is administering the re- available through the State and Fed- quirements of this subpart but where eral mechanisms must at least equal the State has hazardous waste regula- the amount required by this subpart. tions that include requirements for fi- nancial assurance of closure or post- § 265.150 State assumption of responsi- closure care or liability coverage, an bility. owner or operator may use State-re- (a) If a State either assumes legal re- quired financial mechanisms to meet sponsibility for an owner’s or opera- the requirements of § 265.143, § 265.145, tor’s compliance with the closure, post- or § 265.147 if the Regional Adminis- closure care, or liability requirements
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of this part or assures that funds will Federal mechanisms must at least be available from State sources to equal the amount required by this sub- cover those requirements, the owner or part. operator will be in compliance with the requirements of § 265.143, § 265.145, or Subpart I—Use and Management § 265.147 if the Regional Administrator of Containers determines that the State’s assump- tion of responsibility is at least equiva- § 265.170 Applicability. lent to the financial mechanisms speci- The regulations in this subpart apply fied in this subpart. The Regional Ad- to owners and operators of all haz- ministrator will evaluate the equiva- ardous waste facilities that store con- lency of State guarantees principally tainers of hazardous waste, except as in terms of (1) certainty of the avail- § 265.1 provides otherwise. ability of funds for the required closure or post-closure care activities or liabil- § 265.171 Condition of containers. ity coverage and (2) the amount of If a container holding hazardous funds that will be made available. The waste is not in good condition, or if it Regional Administrator may also con- begins to leak, the owner or operator sider other factors as he deems appro- must transfer the hazardous waste priate. The owner or operator must from this container to a container that submit to the Regional Administrator is in good condition, or manage the a letter from the State describing the waste in some other way that complies nature of the State’s assumption of re- with the requirements of this part. sponsibility together with a letter from the owner or operator requesting that § 265.172 Compatibility of waste with the State’s assumption of responsi- container. bility be considered acceptable for The owner or operator must use a meeting the requirements of this sub- container made of or lined with mate- part. The letter from the State must rials which will not react with, and are include, or have attached to it, the fol- otherwise compatible with, the haz- lowing information: The facility’s EPA ardous waste to be stored, so that the Identification Number, name, and ad- ability of the container to contain the dress, and the amount of funds for clo- waste is not impaired. sure or post-closure care or liability coverage that are guaranteed by the § 265.173 Management of containers. State. The Regional Administrator will notify the owner or operator of his de- (a) A container holding hazardous termination regarding the accept- waste must always be closed during ability of the State’s guarantee in lieu storage, except when it is necessary to of financial mechanisms specified in add or remove waste. (b) A container holding hazardous this subpart. The Regional Adminis- waste must not be opened, handled, or trator may require the owner or oper- stored in a manner which may rupture ator to submit additional information the container or cause it to leak. as is deemed necessary to make this determination. Pending this deter- [Comment: Re-use of containers in transpor- mination, the owner or operator will be tation is governed by U.S. Department of deemed to be in compliance with the Transportation regulations, including those requirements of §§ 265.143, § 265.145, or set forth in 49 CFR 173.28.] § 265.147, as applicable. [45 FR 33232, May 19, 1980, as amended at 45 (b) If a State’s assumption of respon- FR 78529, Nov. 25, 1980] sibility is found acceptable as specified in paragraph (a) of this section except § 265.174 Inspections. for the amount of funds available, the At least weekly, the owner or oper- owner or operator may satisfy the re- ator must inspect areas where con- quirements of this subpart by use of tainers are stored, except for Perform- both the State’s assurance and addi- ance Track member facilities, that tional financial mechanisms as speci- must conduct inspections at least once fied in this subpart. The amount of each month, upon approval by the Di- funds available through the State and rector. To apply for reduced inspection
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frequency, the Performance Track ble requirements of subparts AA, BB, member facility must follow the proce- and CC of this part. dures described in § 265.15(b)(5) of this [61 FR 59968, Nov. 25, 1996] part. The owner or operator must look for leaking containers and for deterio- ration of containers caused by corro- Subpart J—Tank Systems sion or other factors. SOURCE: 51 FR 25479, July 14, 1986, unless [Comment: See § 265.171 for remedial otherwise noted. action required if deterioration or leaks are detected.] § 265.190 Applicability. [71 FR 16910, Apr. 4, 2006, as amended at 71 The requirements of this subpart FR 40275, July 14, 2006] apply to owners and operators of facili- ties that use tank systems for storing § 265.175 [Reserved] or treating hazardous waste except as otherwise provided in paragraphs (a), § 265.176 Special requirements for ig- (b), and (c) of this section or in § 265.1 of nitable or reactive waste. this part. Containers holding ignitable or reac- (a) Tank systems that are used to tive waste must be located at least 15 store or treat hazardous waste which meters (50 feet) from the facility’s contains no free liquids and are situ- property line. ated inside a building with an imper- meable floor are exempted from the re- [Comment: See § 265.17(a) for additional re- quirements.] quirements in § 265.193. To demonstrate the absence or presence of free liquids § 265.177 Special requirements for in- in the stored/treated waste, the fol- compatible wastes. lowing test must be used: Method 9095B (Paint Filter Liquids Test) as described (a) Incompatible wastes, or incom- in ‘‘Test Methods for Evaluating Solid patible wastes and materials, (see ap- Waste, Physical/Chemical Methods,’’ pendix V for examples) must not be EPA Publication SW–846, as incor- placed in the same container, unless porated by reference in § 260.11 of this § 265.17(b) is complied with. chapter. (b) Hazardous waste must not be (b) Tank systems, including sumps, placed in an unwashed container that as defined in § 260.10, that serve as part previously held an incompatible waste of a secondary containment system to or material (see appendix V for exam- collect or contain releases of hazardous ples), unless § 265.17(b) is complied with. wastes are exempted from the require- (c) A storage container holding a haz- ments in § 265.193(a). ardous waste that is incompatible with (c) Tanks, sumps, and other collec- any waste or other materials stored tion devices used in conjunction with nearby in other containers, piles, open drip pads, as defined in § 260.10 of this tanks, or surface impoundments must chapter and regulated under 40 CFR be separated from the other materials part 265 subpart W, must meet the re- or protected from them by means of a quirements of this subpart. dike, berm, wall, or other device. [51 FR 25479, July 14, 1986, as amended at 53 [Comment: The purpose of this is to prevent FR 34087, Sept. 2, 1988; 55 FR 50486, Dec. 6, fires, explosions, gaseous emissions, leach- 1990; 58 FR 46050, Aug. 31, 1993; 70 FR 34585, ing, or other discharge of hazardous waste or June 14, 2005] hazardous waste constituents which could result from the mixing of incompatible § 265.191 Assessment of existing tank wastes or materials if containers break or system’s integrity. leak.] (a) For each existing tank system that does not have secondary contain- § 265.178 Air emission standards. ment meeting the requirements of The owner or operator shall manage § 265.193, the owner or operator must all hazardous waste placed in a con- determine that the tank system is not tainer in accordance with the applica- leaking or is unfit for use. Except as
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provided in paragraph (c) of this sec- months after the date that the waste tion, the owner or operator must ob- becomes a hazardous waste. tain and keep on file at the facility a (d) If, as a result of the assessment written assessment reviewed and cer- conducted in accordance with para- tified by a qualified Professional Engi- graph (a) of this section, a tank system neer in accordance with § 270.11(d) of is found to be leaking or unfit for use, this chapter, that attests to the tank the owner or operator must comply system’s integrity by January 12, 1988. with the requirements of § 265.196. (b) This assessment must determine that the tank system is adequately de- [51 FR 25479, July 14, 1986, as amended at 71 FR 16910, Apr. 4, 2006] signed and has sufficient structural strength and compatibility with the § 265.192 Design and installation of waste(s) to be stored or treated to en- new tank systems or components. sure that it will not collapse, rupture, (a) Owners or operators of new tank or fail. At a minimum, this assessment systems or components must ensure must consider the following: that the foundation, structural sup- (1) Design standard(s), if available, port, seams, connections, and pressure according to which the tank and ancil- controls (if applicable) are adequately lary equipment were constructed; designed and that the tank system has (2) Hazardous characteristics of the sufficient structural strength, compat- waste(s) that have been or will be ibility with the waste(s) to be stored or handled; treated, and corrosion protection so (3) Existing corrosion protection that it will not collapse, rupture, or measures; fail. The owner or operator must ob- (4) Documented age of the tank sys- tain a written assessment reviewed and tem, if available, (otherwise, an esti- certified by a qualified Professional mate of the age); and Engineer in accordance with § 270.11(d) (5) Results of a leak test, internal in- of this chapter attesting that the sys- spection, or other tank integrity exam- tem has sufficient structural integrity ination such that: and is acceptable for the storing and (i) For non-enterable underground treating of hazardous waste. This as- tanks, this assessment must consist of sessment must include the following a leak test that is capable of taking information: into account the effects of temperature (1) Design standard(s) according to variations, tank end deflection, vapor which the tank(s) and ancillary equip- pockets, and high water table effects, ment is or will be constructed. (ii) For other than non-enterable un- derground tanks and for ancillary (2) Hazardous characteristics of the equipment, this assessment must be ei- waste(s) to be handled. ther a leak test, as described above, or (3) For new tank systems or compo- an internal inspection and/or other nents in which the external shell of a tank integrity examination certified metal tank or any external metal com- by a qualified Professional Engineer in ponent of the tank system is or will be accordance with § 270.11(d) of this chap- in contact with the soil or with water, ter that addresses cracks, leaks, corro- a determination by a corrosion expert sion, and erosion. of: (i) Factors affecting the potential for [NOTE: The practices described in the Amer- corrosion, including but not limited to: ican Petroleum Institute (API) Publication, (A) Soil moisture content; Guide for Inspection of Refinery Equipment, Chapter XIII, ‘‘Atmospheric and Low-Pres- (B) Soil pH; sure Storage Tanks,’’ 4th edition, 1981, may (C) Soil sulfides level; be used, where applicable, as guidelines in (D) Soil resistivity; conducting the integrity examination of an (E) Structure to soil potential; other than non-enterable underground tank (F) Influence of nearby underground system.] metal structures (e.g., piping); (c) Tank systems that store or treat (G) Stray electric current; and, materials that become hazardous (H) Existing corrosion-protection wastes subsequent to July 14, 1986 must measures (e.g., coating, cathodic pro- conduct this assessment within 12 tection), and
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(ii) The type and degree of external (3) Scrapes of protective coatings; corrosion protection that are needed to (4) Cracks; ensure the integrity of the tank system (5) Corrosion; during the use of the tank system or (6) Other structural damage or inad- component, consisting of one or more equate construction or installation. of the following: All discrepancies must be remedied be- (A) Corrosion-resistant materials of fore the tank system is covered, en- construction such as special alloys or closed, or placed in use. fiberglass-reinforced plastic; (c) New tank systems or components (B) Corrosion-resistant coating (such and piping that are placed underground as epoxy or fiberglass) with cathodic and that are backfilled must be pro- protection (e.g., impressed current or vided with a backfill material that is a sacrificial anodes); and noncorrosive, porous, homogeneous (C) Electrical isolation devices such substance and that is carefully in- as insulating joints and flanges. stalled so that the backfill is placed NOTE: The practices described in the Na- completely around the tank and com- tional Association of Corrosion Engineers pacted to ensure that the tank and pip- (NACE) standard, ‘‘Recommended Practice ing are fully and uniformly supported. (RP–02–85)—Control of External Corrosion on (d) All new tanks and ancillary Metallic Buried, Partially Buried, or Sub- equipment must be tested for tightness merged Liquid Storage Systems,’’ and the prior to being covered, enclosed or American Petroleum Institute (API) Publi- cation 1632, ‘‘Cathodic Protection of Under- placed in use. If a tank system is found ground Petroleum Storage Tanks and Piping not to be tight, all repairs necessary to Systems,’’ may be used, where applicable, as remedy the leak(s) in the system must guidelines in providing corrosion protection be performed prior to the tank system for tank systems. being covered, enclosed, or placed in (4) For underground tank system use. components that are likely to be af- (e) Ancillary equipment must be sup- fected by vehicular traffic, a deter- ported and protected against physical mination of design or operational damage and excessive stress due to set- measures that will protect the tank tlement, vibration, expansion or con- system against potential damage; and traction. (5) Design considerations to ensure NOTE: The piping system installation pro- that: cedures described in American Petroleum In- (i) Tank foundations will maintain stitute (API) Publication 1615 (November the load of a full tank; 1979), ‘‘Installation of Underground Petro- (ii) Tank systems will be anchored to leum Storage Systems,’’ or ANSI Standard prevent flotation or dislodgement B31.3, ‘‘Petroleum Refinery System,’’ may be where the tank system is placed in a used, where applicable, as guidelines for proper installation of piping systems. saturated zone, or is located within a seismic fault zone; and (f) The owner or operator must pro- (iii) Tank systems will withstand the vide the type and degree of corrosion effects of frost heave. protection necessary, based on the in- (b) The owner or operator of a new formation provided under paragraph tank system must ensure that proper (a)(3) of this section, to ensure the in- handling procedures are adhered to in tegrity of the tank system during use order to prevent damage to the system of the tank system. The installation of during installation. Prior to covering, a corrosion protection system that is enclosing, or placing a new tank sys- field fabricated must be supervised by tem or component in use, an inde- an independent corrosion expert to en- pendent, qualified installation inspec- sure proper installation. tor or a qualified Professional Engi- (g) The owner or operator must ob- neer, either of whom is trained and ex- tain and keep on file at the facility perienced in the proper installation of written statements by those persons tank systems, must inspect the system required to certify the design of the or component for the presence of any of tank system and supervise the installa- the following items: tion of the tank system in accordance (1) Weld breaks; with the requirements of paragraphs (2) Punctures; (b) through (f) of this section to attest
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that the tank system was properly de- ance to pressure gradients above and signed and installed and that repairs, below the system and capable of pre- pursuant to paragraphs (b) and (d) of venting failure due to settlement, com- this section were performed. These pression, or uplift; written statements must also include (3) Provided with a leak detection the certification statement as required system that is designed and operated in § 270.11(d) of this chapter. so that it will detect the failure of ei- [51 FR 25479, July 14, 1986; 51 FR 29430, Aug. ther the primary and secondary con- 15, 1986; 71 FR 16910, Apr. 4, 2006] tainment structure or any release of hazardous waste or accumulated liquid § 265.193 Containment and detection in the secondary containment system of releases. within 24 hours, or at the earliest prac- (a) In order to prevent the release of ticable time if the existing detection hazardous waste or hazardous constitu- technology or site conditions will not ents to the environment, secondary allow detection of a release within 24 containment that meets the require- hours; ments of this section must be provided (4) Sloped or otherwise designed or (except as provided in paragraphs (f) operated to drain and remove liquids and (g) of this section): resulting from leaks, spills, or precipi- (1) For all new and existing tank sys- tation. Spilled or leaked waste and ac- tems or components, prior to their cumulated precipitation must be re- being put into service. moved from the secondary contain- (2) For tank systems that store or ment system within 24 hours, or in as treat materials that become hazardous timely a manner as is possible to pre- wastes, within 2 years of the hazardous vent harm to human health or the en- waste listing, or when the tank system vironment, if removal of the released has reached 15 years of age, whichever waste or accumulated precipitation comes later. cannot be accomplished within 24 (b) Secondary containment systems hours. must be: (1) Designed, installed, and operated NOTE: If the collected material is a haz- ardous waste under part 261 of this chapter, to prevent any migration of wastes or it is subject to management as a hazardous accumulated liquid out of the system waste in accordance with all applicable re- to the soil, ground water, or surface quirements of parts 262 through 265 of this water at any time during the use of the chapter. If the collected material is dis- tank system; and charged through a point source to waters of (2) Capable of detecting and col- the United States, it is subject to the re- lecting releases and accumulated liq- quirements of sections 301, 304, and 402 of the uids until the collected material is re- Clean Water Act, as amended. If discharged to Publicly Owned Treatment Works moved. (POTWs), it is subject to the requirements of (c) To meet the requirements of para- section 307 of the Clear Water Act, as amend- graph (b) of this section, secondary ed. If the collected material is released to containment systems must be at a the environment, it may be subject to the re- minimum: porting requirements of 40 CFR part 302. (1) Constructed of or lined with mate- (d) Secondary containment for tanks rials that are compatible with the must include one or more of the fol- waste(s) to be placed in the tank sys- lowing devices: tem and must have sufficient strength and thickness to prevent failure due to (1) A liner (external to the tank); pressure gradients (including static (2) A vault; head and external hydrological forces), (3) A double-walled tank; or physical contact with the waste to (4) An equivalent device as approved which they are exposed, climatic condi- by the Regional Administrator. tions, the stress of installation, and (e) In addition to the requirements of the stress of daily operation (including paragraphs (b), (c), and (d) of this stresses from nearby vehicular traffic); section, secondary containment (2) Placed on a foundation or base ca- systems must satisfy the following re- pable of providing support to the sec- quirements: ondary containment system and resist- (1) External liner systems must be:
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(i) Designed or operated to contain shell) so that any release from the 100 percent of the capacity of the larg- inner tank is contained by the outer est tank within its boundary; shell; (ii) Designed or operated to prevent (ii) Protected, if constructed of run-on or infiltration of precipitation metal, from both corrosion of the pri- into the secondary containment sys- mary tank interior and the external tem unless the collection system has surface of the outer shell; and sufficient excess capacity to contain (iii) Provided with a built-in, contin- run-on or infiltration. Such additional uous leak detection system capable of capacity must be sufficient to contain detecting a release within 24 hours or precipitation from a 25-year, 24-hour at the earliest practicable time, if the rainfall event; owner or operator can demonstrate to (iii) Free of cracks or gaps; and the Regional Administrator, and the (iv) Designed and installed to com- Regional Administrator concurs, that pletely surround the tank and to cover the existing leak detection technology all surrounding earth likely to come or site conditions will not allow detec- into contact with the waste if released tion of a release within 24 hours. from the tank(s) (i.e., capable of pre- venting lateral as well as vertical mi- NOTE: The provisions outlined in the Steel gration of the waste). Tank Institute’s (STI) ‘‘Standard for Dual Wall Underground Steel Storage Tank’’ may (2) Vault systems must be: be used as guidelines for aspects of the de- (i) Designed or operated to contain sign of underground steel double-walled 100 percent of the capacity of the larg- tanks. est tank within its boundary; (ii) Designed or operated to prevent (f) Ancillary equipment must be pro- run-on or infiltration of precipitation vided with full secondary containment into the secondary containment sys- (e.g., trench, jacketing, double-walled tem unless the collection system has piping) that meets the requirements of sufficient excess capacity to contain paragraphs (b) and (c) of this section run-on or infiltration. Such additional except for: capacity must be sufficient to contain (1) Aboveground piping (exclusive of precipitation from a 25-year, 24-hour flanges, joints, valves, and connec- rainfall event; tions) that are visually inspected for (iii) Constructed with chemical-re- leaks on a daily basis; sistant water stops in place at all (2) Welded flanges, welded joints, and joints (if any); welded connections that are visually (iv) Provided with an impermeable inspected for leaks on a daily basis; interior coating or lining that is com- (3) Sealless or magnetic coupling patible with the stored waste and that pumps and sealless valves, that are vis- will prevent migration of waste into ually inspected for leaks on a daily the concrete; basis; and (v) Provided with a means to protect (4) Pressurized aboveground piping against the formation of and ignition systems with automatic shut-off de- of vapors within the vault, if the waste vices (e.g., excess flow check valves, being stored or treated: flow metering shutdown devices, loss of (A) Meets the definition of ignitable pressure actuated shut-off devices) that waste under § 261.21 of this chapter, or are visually inspected for leaks on a (B) Meets the definition of reactive daily basis. waste under § 261.23 of this chapter and (g) The owner or operator may obtain may form an ignitable or explosive a variance from the requirements of vapor; and this Section if the Regional Adminis- (vi) Provided with an exterior mois- trator finds, as a result of a demonstra- ture barrier or be otherwise designed or tion by the owner or operator, either: operated to prevent migration of mois- that alternative design and operating ture into the vault if the vault is sub- practices, together with location char- ject to hydraulic pressure. acteristics, will prevent the migration (3) Double-walled tanks must be: of hazardous waste or hazardous con- (i) Designed as an integral structure stituents into the ground water or sur- (i.e., an inner tank within an outer face water at least as effectively as
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secondary containment during the ac- (ii) The potential adverse effects of a tive life of the tank system or that in release on ground-water quality, tak- the event of a release that does mi- ing into account: grate to ground water or surface water, (A) The quantity and quality of no substantial present or potential haz- ground water and the direction of ard will be posed to human health or ground-water flow, the environment. New underground (B) The proximity and withdrawal tank systems may not, per a dem- rates of water in the area, onstration in accordance with para- (C) The current and future uses of graph (g)(2) of this section, be exempt- ground water in the area, and ed from the secondary containment re- (D) The existing quality of ground quirements of this section. Application water, including other sources of con- for a variance as allowed in paragraph tamination and their cumulative im- (g) of this section does not waive com- pact on the ground-water quality; pliance with the requirements of this subpart for new tank systems. (iii) The potential adverse effects of a release on surface water quality, tak- (1) In deciding whether to grant a ing into account: variance based on a demonstration of equivalent protection of ground water (A) The quantity and quality of and surface water, the Regional Ad- ground water and the direction of ministrator will consider: ground-water flow, (i) The nature and quantity of the (B) The patterns of rainfall in the waste; region, (ii) The proposed alternate design (C) The proximity of the tank system and operation; to surface waters, (iii) The hydrogeologic setting of the (D) The current and future uses of facility, including the thickness of surface waters in the area and any soils between the tank system and water quality standards established for ground water; and those surface waters, and (iv) All other factors that would in- (E) The existing quality of surface fluence the quality and mobility of the water, including other sources of con- hazardous constituents and the poten- tamination and the cumulative impact tial for them to migrate to ground on surface-water quality; and water or surface water. (iv) The potential adverse effects of a (2) In deciding whether to grant a release on the land surrounding the variance, based on a demonstration of tank system, taking into account: no substantial present or potential haz- (A) The patterns of rainfall in the re- ard, the Regional Administrator will gion, and consider: (B) The current and future uses of (i) The potential adverse effects on the surrounding land. ground water, surface water, and land (3) The owner or operator of a tank quality taking into account: system, for which a variance from sec- (A) The physical and chemical char- ondary containment had been granted acteristics of the waste in the tank in accordance with the requirements of system, including its potential for paragraph (g)(1) of this section, at migration, which a release of hazardous waste has (B) The hydrogeological characteris- occurred from the primary tank sys- tics of the facility and surrounding tem but has not migrated beyond the land, zone of engineering control (as estab- (C) The potential for health risks lished in the variance), must: caused by human exposure to waste (i) Comply with the requirements of constituents, § 265.196, except paragraph (d); and (D) The potential for damage to wild- (ii) Decontaminate or remove con- life, crops, vegetation, and physical taminated soil to the extent necessary structures caused by exposure to waste to: constituents, and (A) Enable the tank system, for (E) The persistence and permanence which the variance was granted, to re- of the potential adverse effects; sume operation with the capability for
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the detection of and response to re- secondary containment must be pro- leases at least equivalent to the capa- vided in accordance with paragraph (a) bility it had prior to the release, and of this section; and (B) Prevent the migration of haz- (ii) For new tank systems, at least 30 ardous waste or hazardous constituents days prior to entering into a contract to ground water or surface water; and for installation of the tank system. (iii) If contaminated soil cannot be (2) As part of the notification, the removed or decontaminated in accord- owner or operator must also submit to ance with paragraph (g)(3)(ii) of this the Regional Administrator a descrip- section, comply with the requirements tion of the steps necessary to conduct of § 265.197(b); the demonstration and a timetable for (4) The owner or operator of a tank completing each of the steps. The dem- system, for which a variance from sec- onstration must address each of the ondary containment had been granted factors listed in paragraph (g)(1) or in accordance with the requirements of paragraph (g)(2) of this section. paragraph (g)(1) of this section, at (3) The demonstration for a variance which a release of hazardous waste has must be completed and submitted to occurred from the primary tank sys- the Regional Administrator within 180 tem and has migrated beyond the zone days after notifying the Regional Ad- of engineering control (as established ministrator of intent to conduct the in the variance), must: demonstration. (i) Comply with the requirements of (4) The Regional Administrator will § 265.196(a), (b), (c), and (d); and (ii) Prevent the migration of haz- inform the public, through a newspaper ardous waste or hazardous constituents notice, of the availability of the dem- to ground water or surface water, if onstration for a variance. The notice possible, and decontaminate or remove shall be placed in a daily or weekly contaminated soil. If contaminated soil major local newspaper of general cir- cannot be decontaminated or removed, culation and shall provide at least 30 or if ground water has been contami- days from the date of the notice for the nated, the owner or operator must public to review and comment on the comply with the requirements of demonstration for a variance. The Re- § 265.197(b); gional Administrator also will hold a (iii) If repairing, replacing, or rein- public hearing, in response to a request stalling the tank system, provide sec- or at his own discretion, whenever such ondary containment in accordance a hearing might clarify one or more with the requirements of paragraphs issues concerning the demonstration (a) through (f) of this section or re- for a variance. Public notice of the apply for a variance from secondary hearing will be given at least 30 days containment and meet the require- prior to the date of the hearing and ments for new tank systems in § 265.192 may be given at the same time as no- if the tank system is replaced. The tice of the opportunity for the public owner or operator must comply with to review and comment on the dem- these requirements even if contami- onstration. These two notices may be nated soil can be decontaminated or re- combined. moved, and ground water or surface (5) The Regional Administrator will water has not been contaminated. approve or disapprove the request for a (h) The following procedures must be variance within 90 days of receipt of followed in order to request a variance the demonstration from the owner or from secondary containment: operator and will notify in writing the (1) The Regional Administrator must owner or operator and each person who be notified in writing by the owner or submitted written comments or re- operator that he intends to conduct quested notice of the variance decision. and submit a demonstration for a vari- If the demonstration for a variance is ance from secondary containment as incomplete or does not include suffi- allowed in paragraph (g) of this section cient information, the 90-day time pe- according to the following schedule: riod will begin when the Regional Ad- (i) For existing tank systems, at ministrator receives a complete dem- least 24 months prior to the date that onstration, including all information
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necessary to make a final determina- containment system to rupture, leak, tion. If the public comment period in corrode, or otherwise fail. paragraph (h)(4) of this section is ex- (b) The owner or operator must use tended, the 90-day time period will be appropriate controls and practices to similarly extended. prevent spills and overflows from tank (i) All tank systems, until such time or secondary containment systems. as secondary containment meeting the These include at a minimum: requirements of this section is pro- (1) Spill prevention controls (e.g., vided, must comply with the following: check valves, dry disconnect cou- (1) For non-enterable underground plings); tanks, a leak test that meets the re- (2) Overfill prevention controls (e.g., quirements of § 265.191(b)(5) must be level sensing devices, high level conducted at least annually; alarms, automatic feed cutoff, or by- (2) For other than non-enterable un- pass to a standby tank); and derground tanks, and for all ancillary (3) Maintenance of sufficient equipment, the owner or operator must freeboard in uncovered tanks to pre- either conduct a leak test as in para- vent overtopping by wave or wind ac- graph (i)(1) of this section or an inter- tion or by precipitation. nal inspection or other tank integrity (c) The owner or operator must com- examination by a qualified Profes- ply with the requirements of § 265.196 if sional Engineer that addresses cracks, a leak or spill occurs in the tank leaks, and corrosion or erosion at least system. annually. The owner or operator must remove the stored waste from the tank, [51 FR 25479, July 14, 1986, as amended at 71 if necessary, to allow the condition of FR 40275, July 14, 2006] all internal tank surfaces to be as- sessed. § 265.195 Inspections. (a) The owner or operator must in- NOTE: The practices described in the Amer- ican Petroleum Institute (API) Publication spect, where present, at least once each Guide for Inspection of Refining Equipment, operating day, data gathered from Chapter XIII, ‘‘Atmospheric and Low Pres- monitoring and leak detection equip- sure Storage Tanks,’’ 4th edition, 1981, may ment (e.g., pressure or temperature be used, when applicable, as guidelines for gauges, monitoring wells) to ensure assessing the overall condition of the tank that the tank system is being operated system. according to its design. (3) The owner or operator must main- NOTE: Section 265.15(c) requires the owner tain on file at the facility a record of or operator to remedy any deterioration or the results of the assessments con- malfunction he finds. Section 265.196 requires ducted in accordance with paragraphs the owner or operator to notify the Regional (i)(1) through (i)(3) of this section. Administrator within 24 hours of confirming (4) If a tank system or component is a release. Also, 40 CFR part 302 may require found to be leaking or unfit-for-use as the owner or operator to notify the National a result of the leak test or assessment Response Center of a release. in paragraphs (i)(1) through (i)(3) of (b) Except as noted under the para- this section, the owner or operator graph (c) of this section, the owner or must comply with the requirements of operator must inspect at least once § 265.196. each operating day: [51 FR 25479, July 14, 1986; 51 FR 29430, Aug. (1) Overfill/spill control equipment 15, 1986, as amended at 53 FR 34087, Sept. 2, (e.g., waste-feed cutoff systems, bypass 1988; 71 FR 16910, Apr. 4, 2006; 71 FR 40275, systems, and drainage systems) to en- July 14, 2006] sure that it is in good working order; (2) Above ground portions of the tank § 265.194 General operating require- system, if any, to detect corrosion or ments. releases of waste; and (a) Hazardous wastes or treatment (3) The construction materials and reagents must not be placed in a tank the area immediately surrounding the system if they could cause the tank, its externally accessible portion of the ancillary equipment, or the secondary tank system, including the secondary
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containment system (e.g., dikes) to de- cility an inspection of those items in tect erosion or signs of releases of haz- paragraphs (a) and (b) of this section. ardous waste (e.g., wet spots, dead [51 FR 25479, July 14, 1986; 51 FR 29430, Aug. vegetation). 15, 1986, as amended at 71 FR 16910, Apr. 4, (c) Owners or operators of tank sys- 2006] tems that either use leak detection equipment to alert facility personnel § 265.196 Response to leaks or spills to leaks, or implement established and disposition of leaking or unfit- workplace practices to ensure leaks are for-use tank systems. promptly identified, must inspect at A tank system or secondary contain- least weekly those areas described in ment system from which there has paragraphs (b)(1) through (3) of this been a leak or spill, or which is unfit section. Use of the alternate inspection for use, must be removed from service schedule must be documented in the fa- immediately, and the owner or oper- cility’s operating record. This docu- ator must satisfy the following mentation must include a description requirements: of the established workplace practices (a) Cessation of use; prevent flow or ad- at the facility. dition of wastes. The owner or operator (d) Performance Track member fa- must immediately stop the flow of haz- cilities may inspect on a less frequent ardous waste into the tank system or basis, upon approval by the Director, secondary containment system and in- but must inspect at least once each spect the system to determine the month. To apply for a less than weekly cause of the release. inspection frequency, the Performance (b) Removal of waste from tank system Track member facility must follow the or secondary containment system. (1) If procedures described in § 265.15(b)(5). the release was from the tank system, (e) Ancillary equipment that is not the owner or operator must, within 24 provided with secondary containment, hours after detection of the leak or, if as described in § 265.193(f)(1) through the owner or operator demonstrates (4), must be inspected at least once that that is not possible, at the earliest each operating day. practicable time remove as much of (f) The owner or operator must in- the waste as is necessary to prevent spect cathodic protection systems, if further release of hazardous waste to present, according to, at a minimum, the environment and to allow inspec- the following schedule to ensure that tion and repair of the tank system to they are functioning properly: be performed. (1) The proper operation of the ca- (2) If the release was to a secondary thodic protection system must be con- containment system, all released mate- firmed within six months after initial rials must be removed within 24 hours installation, and annually thereafter; or in as timely a manner as is possible and to prevent harm to human health and (2) All sources of impressed current the environment. must be inspected and/or tested, as ap- (c) Containment of visible releases to propriate, at least bimonthly (i.e., the environment. The owner or operator every other month). must immediately conduct a visual in- spection of the release and, based upon NOTE: The practices described in the Na- that inspection: tional Association of Corrosion Engineers (1) Prevent further migration of the (NACE) standard, ‘‘Recommended Practice (RP–02–85)—Control of External Corrosion on leak or spill to soils or surface water; Metallic Buried, Partially Buried, or Sub- and merged Liquid Storage Systems,’’ and the (2) Remove, and properly dispose of, American Petroleum Institute (API) Publi- any visible contamination of the soil or cation 1632, ‘‘Cathodic Protection of Under- surface water. ground Petroleum Storage Tanks and Piping (d) Notifications, reports. (1) Any re- Systems,’’ may be used, where applicable, as lease to the environment, except as guidelines in maintaining and inspecting ca- provided in paragraph (d)(2) of this sec- thodic protection systems. tion, must be reported to the Regional (g) The owner or operator must docu- Administrator within 24 hours of detec- ment in the operating record of the fa- tion. If the release has been reported
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pursuant to 40 CFR part 302, that re- service, unless the source of the leak is port will satisfy this requirement. an aboveground portion of a tank sys- (2) A leak or spill of hazardous waste tem. If the source is an aboveground that is: component that can be inspected vis- (i) Less than or equal to a quantity of ually, the component must be repaired one (1) pound, and and may be returned to service without (ii) Immediately contained and secondary containment as long as the cleaned-up is exempted from the re- requirements of paragraph (f) of this quirements of this paragraph. section are satisfied. If a component is (3) Within 30 days of detection of a replaced to comply with the require- release to the environment, a report ments of this subparagraph, that com- containing the following information ponent must satisfy the requirements must be submitted to the Regional for new tank systems or components in Administrator: (i) Likely route of migration of the §§ 265.192 and 265.193. Additionally, if a release; leak has occurred in any portion of a (ii) Characteristics of the sur- tank system component that is not rounding soil (soil composition, geol- readily accessible for visual inspection ogy, hydrogeology, climate); (e.g., the bottom of an inground or (iii) Results of any monitoring or onground tank), the entire component sampling conducted in connection with must be provided with secondary con- the release, (if available). If sampling tainment in accordance with § 265.193 or monitoring data relating to the re- prior to being returned to use. lease are not available within 30 days, (f) Certification of major repairs. If the these data must be submitted to the owner/operator has repaired a tank sys- Regional Administrator as soon as tem in accordance with paragraph (e) they become available; of this section, and the repair has been (iv) Proximity to downgradient extensive (e.g., installation of an inter- drinking water, surface water, and pop- nal liner; repair of a ruptured primary ulation areas; and containment or secondary containment (v) Description of response actions vessel), the tank system must not be taken or planned. returned to service unless the owner/ (e) Provision of secondary containment, operator has obtained a certification repair, or closure. (1) Unless the owner by a qualified Professional Engineer in or operator satisfies the requirements accordance with § 270.11(d) that the re- of paragraphs (e) (2) through (4) of this paired system is capable of handling section, the tank system must be closed in accordance with § 265.197. hazardous wastes without release for (2) If the cause of the release was a the intended life of the system. This spill that has not damaged the integ- certification is to be placed in the op- rity of the system, the owner/operator erating record and maintained until may return the system to service as closure of the facility. soon as the released waste is removed NOTE: The Regional Administrator may, on and repairs, if necessary, are made. the basis of any information received that (3) If the cause of the release was a there is or has been a release of hazardous leak from the primary tank system waste or hazardous constituents into the en- into the secondary containment sys- vironment, issue an order under RCRA sec- tem, the system must be repaired prior tion 3004(v), 3008(h), or 7003(a) requiring cor- to returning the tank system to serv- rective action or such other response as ice. deemed necessary to protect human health (4) If the source of the release was a or the environment. leak to the environment from a compo- NOTE: See § 265.15(c) for the requirements nent of a tank system without sec- necessary to remedy a failure. Also, 40 CFR ondary containment, the owner/oper- Part 302 requires the owner or operator to ator must provide the component of notify the National Response Center of a re- lease of any ‘‘reportable quantity.’’ the system from which the leak oc- curred with secondary containment [51 FR 25479, July 14, 1986, as amended at 53 that satisfies the requirements of FR 34087, Sept. 2, 1988; 71 FR 16911, Apr. 4, § 265.193 before it can be returned to 2006]
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§ 265.197 Closure and post-closure expected closure under paragraph (a) of care. this section. (a) At closure of a tank system, the (4) Financial assurance must be based owner or operator must remove or de- on the cost estimates in paragraph contaminate all waste residues, con- (c)(3) of this section. taminated containment system compo- (5) For the purposes of the contingent nents (liners, etc.), contaminated soils, closure and post-closure plans, such a and structures and equipment contami- tank system is considered to be a land- nated with waste, and manage them as fill, and the contingent plans must hazardous waste, unless § 261.3(d) of meet all of the closure, post-closure, this Chapter applies. The closure plan, and financial responsibility require- closure activities, cost estimates for ments for landfills under subparts G closure, and financial responsibility for and H of this part. tank systems must meet all of the re- [51 FR 25479, July 14, 1986, as amended at 71 quirements specified in subparts G and FR 40275, July 14, 2006] H of this part. (b) If the owner or operator dem- § 265.198 Special requirements for ig- onstrates that not all contaminated nitable or reactive wastes. soils can be practicably removed or de- (a) Ignitable or reactive waste must contaminated as required in paragraph not be placed in a tank system, unless: (a) of this section, then the owner or (1) The waste is treated, rendered, or operator must close the tank system mixed before or immediately after and perform post-closure care in ac- placement in the tank system so that: cordance with the closure and post-clo- (i) The resulting waste, mixture, or sure care requirements that apply to dissolved material no longer meets the landfills (§ 265.310). In addition, for the definition of ignitable or reactive purposes of closure, post-closure, and waste under §§ 261.21 or 261.23 of this financial responsibility, such a tank chapter; and system is then considered to be a land- (ii) Section 265.17(b) is complied with; fill, and the owner or operator must or meet all of the requirements for land- (2) The waste is stored or treated in fills specified in subparts G and H of such a way that it is protected from this part. any material or conditions that may (c) If an owner or operator has a tank cause the waste to ignite or react; or system which does not have secondary (3) The tank system is used solely for containment that meets the require- emergencies. ments of § 265.193(b) through (f) and (b) The owner or operator of a facil- which is not exempt from the sec- ity where ignitable or reactive waste is ondary containment requirements in stored or treated in tanks must comply accordance with § 265.193(g), then, with the requirements for the mainte- (1) The closure plan for the tank sys- nance of protective distances between tem must include both a plan for com- the waste management area and any plying with paragraph (a) of this sec- public ways, streets, alleys, or an ad- tion and a contingent plan for com- joining property line that can be built plying with paragraph (b) of this sec- upon as required in Tables 2–1 through tion. 2–6 of the National Fire Protection As- (2) A contingent post-closure plan for sociation’s ‘‘Flammable and Combus- complying with paragraph (b) of this tible Liquids Code,’’ (1977 or 1981), (in- section must be prepared and sub- corporated by reference, see § 260.11). mitted as part of the permit applica- tion. § 265.199 Special requirements for in- (3) The cost estimates calculated for compatible wastes. closure and post-closure care must re- (a) Incompatible wastes, or incom- flect the costs of complying with the patible waste and materials, must not contingent closure plan and the contin- be placed in the same tank system, un- gent post-closure plan, if these costs less § 265.17(b) is complied with. are greater than the costs of complying (b) Hazardous waste must not be with the closure plan prepared for the placed in a tank system that has not
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been decontaminated and that pre- (3) Uncovered tanks must be operated viously held an incompatible waste or to ensure at least 60 centimeters (2 material, unless § 265.17(b) is complied feet) of freeboard, unless the tank is with. equipped with a containment structure (e.g., dike or trench), a drainage con- § 265.200 Waste analysis and trial tests. trol system, or a diversion structure In addition to performing the waste (e.g., standby tank) with a capacity analysis required by § 265.13, the owner that equals or exceeds the volume of or operator must, whenever a tank sys- the top 60 centimeters (2 feet) of the tem is to be used to treat chemically or tank. to store a hazardous waste that is sub- (4) Where hazardous waste is continu- stantially different from waste pre- ously fed into a tank, the tank must be viously treated or stored in that tank equipped with a means to stop this in- system; or treat chemically a haz- flow (e.g., waste feed cutoff system or ardous waste with a substantially dif- by-pass system to a stand-by tank). ferent process than any previously used in that tank system: NOTE: These systems are intended to be (a) Conduct waste analyses and trial used in the event of a leak or overflow from the tank due to a system failure (e.g., a mal- treatment or storage tests (e.g., bench- function in the treatment process, a crack in scale or pilot-plant scale tests); or the tank, etc.). (b) Obtain written, documented infor- mation on similar waste under similar (c) Except as noted in paragraph (d) operating conditions to show that the of this section, generators who accu- proposed treatment or storage will mulate between 100 and 1,000 kg/mo of meet the requirements of § 265.194(a). hazardous waste in tanks must inspect, where present: NOTE: Section 265.13 requires the waste analysis plan to include analyses needed to (1) Discharge control equipment (e.g., comply with §§ 265.198 and 265.199. Section waste feed cutoff systems, by-pass sys- 265.73 requires the owner or operator to place tems, and drainage systems) at least the results from each waste analysis and once each operating day, to ensure that trial test, or the documented information, in it is in good working order; the operating record of the facility. (2) Data gathered from monitoring § 265.201 Special requirements for gen- equipment (e.g., pressure and tempera- erators of between 100 and 1,000 kg/ ture gauges) at least once each oper- mo that accumulate hazardous ating day to ensure that the tank is waste in tanks. being operated according to its design; (a) The requirements of this section (3) The level of waste in the tank at apply to small quantity generators of least once each operating day to ensure more than 100 kg but less than 1,000 kg compliance with § 265.201(b)(3); of hazardous waste in a calendar (4) The construction materials of the month, that accumulate hazardous tank at least weekly to detect corro- waste in tanks for less than 180 days sion or leaking of fixtures or seams; (or 270 days if the generator must ship and the waste greater than 200 miles), and (5) The construction materials of, do not accumulate over 6,000 kg on-site and the area immediately surrounding, at any time. discharge confinement structures (e.g., (b) Generators of between 100 and dikes) at least weekly to detect erosion 1,000 kg/mo hazardous waste must com- or obvious signs of leakage (e.g., wet ply with the following general oper- spots or dead vegetation). ating requirements: (1) Treatment or storage of hazardous NOTE: As required by § 265.15(c), the owner waste in tanks must comply with or operator must remedy any deterioration or malfunction he finds. § 265.17(b). (2) Hazardous wastes or treatment re- (d) Generators who accumulate be- agents must not be placed in a tank if tween 100 and 1,000 kg/mo of hazardous they could cause the tank or its inner waste in tanks or tank systems that liner to rupture, leak, corrode, or oth- have full secondary containment and erwise fail before the end of its in- that either use leak detection equip- tended life. ment to alert facility personnel to
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leaks, or implement established work- comply with the buffer zone require- place practices to ensure leaks are ments for tanks contained in Tables 2– promptly identified, must inspect at 1 through 2–6 of the National Fire Pro- least weekly, where applicable, the tection Association’s ‘‘Flammable and areas identified in paragraphs (c)(1) Combustible Liquids Code,’’ (1977 or through (5) of this section. Use of the 1981) (incorporated by reference, see alternate inspection schedule must be § 260.11). documented in the facility’s operating (h) Generators of between 100 and record. This documentation must in- 1,000 kg/mo must comply with the fol- clude a description of the established lowing special requirements for incom- workplace practices at the facility. patible wastes: (e) Performance Track member fa- (1) Incompatible wastes, or incompat- cilities may inspect on a less frequent ible wastes and materials, (see appen- basis, upon approval by the Director, dix V for examples) must not be placed but must inspect at least once each in the same tank, unless § 265.17(b) is month. To apply for a less than weekly complied with. inspection frequency, the Performance (2) Hazardous waste must not be Track member facility must follow the placed in an unwashed tank which pre- procedures described in § 265.15(b)(5). viously held an incompatible waste or (f) Generators of between 100 and material, unless § 265.17(b) is complied 1,000 kg/mo accumulating hazardous with. waste in tanks must, upon closure of [51 FR 25479, July 14, 1986, as amended at 53 the facility, remove all hazardous FR 34087, Sept. 2, 1988; 71 FR 16911, Apr. 4, waste from tanks, discharge control 2006; 71 FR 40275, July 14, 2006] equipment, and discharge confinement structures. § 265.202 Air emission standards.
NOTE: At closure, as throughout the oper- The owner or operator shall manage ating period, unless the owner or operator all hazardous waste placed in a tank in can demonstrate, in accordance with accordance with the applicable require- § 261.3(c) or (d) of this chapter, that any solid ments of subparts AA, BB, and CC of waste removed from his tank is not a haz- this part. ardous waste, the owner or operator becomes a generator of hazardous waste and must [61 FR 59968, Nov. 25, 1996] manage it in accordance with all applicable requirements of parts 262, 263, and 265 of this Subpart K—Surface chapter. Impoundments (g) Generators of between 100 and 1,000 kg/mo must comply with the fol- § 265.220 Applicability. lowing special requirements for ignit- The regulations in this subpart apply able or reactive waste: to owners and operators of facilities (1) Ignitable or reactive waste must that use surface impoundments to not be placed in a tank, unless: treat, store, or dispose of hazardous (i) The waste is treated, rendered, or waste, except as § 265.1 provides other- mixed before or immediately after wise. placement in a tank so that (A) the re- sulting waste, mixture, or dissolution § 265.221 Design and operating re- of material no longer meets the defini- quirements. tion of ignitable or reactive waste (a) The owner or operator of each under § 261.21 or § 261.23 of this chapter, new surface impoundment unit, each and (B) § 265.17(b) is complied with; or lateral expansion of a surface impound- (ii) The waste is stored or treated in ment unit, and each replacement of an such a way that it is protected from existing surface impoundment unit any material or conditions that may must install two or more liners, and a cause the waste to ignite or react; or leachate collection and removal sys- (iii) The tank is used solely for emer- tem between the liners, and operate gencies. the leachate collection and removal (2) The owner or operator of a facility system, in accordance with § 264.221(c), which treats or stores ignitable or re- unless exempted under § 264.221(d), (e), active waste in covered tanks must or (f) of this Chapter.
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(b) The owner or operator of each and contaminated soil to the extent unit referred to in paragraph (a) of this practicable. If all contaminated soil is section must notify the Regional Ad- not removed or decontaminated, the ministrator at least sixty days prior to owner or operator of such impound- receiving waste. The owner or operator ment must comply with appropriate of each facility submitting notice must post-closure requirements, including file a part B application within six but not limited to ground-water moni- months of the receipt of such notice. toring and corrective action; (c) The owner or operator of any re- (B) The monofill is located more than placement surface impoundment unit one-quarter mile from an ‘‘under- is exempt from paragraph (a) of this ground source of drinking water’’ (as section if: that term is defined in 40 CFR 270.2); (1) The existing unit was constructed and in compliance with the design stand- (C) The monofill is in compliance ards of § 3004(o)(1)(A)(i) and (o)(5) of the with generally applicable ground-water Resource Conservation and Recovery monitoring requirements for facilities Act; and with permits under RCRA section (2) There is no reason to believe that 3005(c); or the liner is not functioning as (ii) The owner or operator dem- designed. onstrates that the monofill is located, (d) The double liner requirement set designed and operated so as to assure forth in paragraph (a) of this section that there will be no migration of any may be waived by the Regional Admin- hazardous constituent into ground istrator for any monofill, if: water or surface water at any future (1) The monofill contains only haz- time. ardous wastes from foundry furnace (e) In the case of any unit in which emission controls or metal casting the liner and leachate collection sys- molding sand, and such wastes do not tem has been installed pursuant to the contain constituents which would requirements of paragraph (a) of this render the wastes hazardous for rea- section and in good faith compliance sons other than the Toxicity Char- with paragraph (a) of this section and acteristic in § 261.24 of this chapter, with guidance documents governing with EPA Hazardous Waste Numbers liners and leachate collection systems D004 through D017; and under paragraph (a) of this section, no (2)(i)(A) The monofill has at least one liner or leachate collection system liner for which there is no evidence which is different from that which was that such liner is leaking. For the pur- so installed pursuant to paragraph (a) poses of this paragraph the term of this section will be required for such ‘‘liner’’ means a liner designed, con- unit by the Regional Administrator structed, installed, and operated to when issuing the first permit to such prevent hazardous waste from passing facility, except that the Regional Ad- into the liner at any time during the ministrator will not be precluded from active life of the facility, or a liner de- requiring installation of a new liner signed, constructed, installed, and op- when the Regional Administrator has erated to prevent hazardous waste from reason to believe that any liner in- migrating beyond the liner to adjacent stalled pursuant to the requirements of subsurface soil, ground water, or sur- paragraph (a) of this section is leaking. face water at any time during the ac- (f) A surface impoundment must tive life of the facility. In the case of maintain enough freeboard to prevent any surface impoundment which has any overtopping of the dike by over- been exempted from the requirements filling, wave action, or a storm. Except of paragraph (a) of this section on the as provided in paragraph (b) of this sec- basis of a liner designed, constructed, tion, there must be at least 60 centi- installed, and operated to prevent haz- meters (two feet) of freeboard. ardous waste from passing beyond the (g) A freeboard level less than 60 cen- liner, at the closure of such impound- timeters (two feet) may be maintained ment the owner or operator must re- if the owner or operator obtains certifi- move or decontaminate all waste resi- cation by a qualified engineer that al- dues, all contaminated liner material, ternate design features or operating
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plans will, to the best of his knowledge quate safety margin to allow for uncer- and opinion, prevent overtopping of the tainties in the design (e.g., slope, hy- dike. The certification, along with a draulic conductivity, thickness of written identification of alternate de- drainage material), construction, oper- sign features or operating plans pre- ation, and location of the LDS, waste venting overtopping, must be main- and leachate characteristics, likeli- tained at the facility. hood and amounts of other sources of (h) Surface impoundments that are liquids in the LDS, and proposed re- newly subject to RCRA section sponse actions (e.g., the action leakage 3005(j)(1) due to the promulgation of ad- rate must consider decreases in the ditional listings or characteristics for flow capacity of the system over time the identification of hazardous waste resulting from siltation and clogging, must be in compliance with paragraphs rib layover and creep of synthetic com- (a), (c) and (d) of this section not later ponents of the system, overburden than 48 months after the promulgation pressures, etc.). of the additional listing or char- (c) To determine if the action leak- acteristic. This compliance period shall age rate has been exceeded, the owner not be cut short as the result of the or operator must convert the weekly or promulgation of land disposal prohibi- monthly flow rate from the monitoring tions under part 268 of this chapter or data obtained under § 265.226(b), to an the granting of an extension to the ef- average daily flow rate (gallons per fective date of a prohibition pursuant acre per day) for each sump. Unless the to § 268.5 of this chapter, within this 48- Regional Administrator approves a dif- month period. ferent calculation, the average daily flow rate for each sump must be cal- [50 FR 16048, Apr. 23, 1985. Redesignated at 57 culated weekly during the active life FR 3492, Jan. 29, 1992. 50 FR 28749, July 15, and closure period, and if the unit 1985, as amended at 55 FR 11876, Mar. 29, 1990; closes in accordance with § 265.228(a)(2), 57 FR 3492, Jan. 29, 1992; 57 FR 37267, Aug. 18, 1992; 71 FR 16911, Apr. 4, 2006; 71 FR 40275, monthly during the post-closure care July 14, 2006] period when monthly monitoring is re- quired under § 265.226(b). § 265.222 Action leakage rate. [57 FR 3492, Jan. 29, 1992] (a) The owner or operator of surface impoundment units subject to § 265.223 Containment system. § 265.221(a) must submit a proposed ac- All earthen dikes must have a protec- tion leakage rate to the Regional Ad- tive cover, such as grass, shale, or ministrator when submitting the no- rock, to minimize wind and water ero- tice required under § 265.221(b). Within sion and to preserve their structural 60 days of receipt of the notification, integrity. the Regional Administrator will: Es- tablish an action leakage rate, either § 265.224 Response actions. as proposed by the owner or operator (a) The owner or operator of surface or modified using the criteria in this impoundment units subject to section; or extend the review period for § 265.221(a) must develop and keep on up to 30 days. If no action is taken by site until closure of the facility a re- the Regional Administrator before the sponse action plan. The response action original 60 or extended 90 day review plan must set forth the actions to be periods, the action leakage rate will be taken if the action leakage rate has approved as proposed by the owner or been exceeded. At a minimum, the re- operator. sponse action plan must describe the (b) The Regional Administrator shall actions specified in paragraph (b) of approve an action leakage rate for sur- this section. face impoundment units subject to (b) If the flow rate into the leak de- § 265.221(a). The action leakage rate is tection system exceeds the action leak- the maximum design flow rate that the age rate for any sump, the owner or op- leak detection system (LDS) can re- erator must: move without the fluid head on the (1) Notify the Regional Adminis- bottom liner exceeding 1 foot. The ac- trator in writing of the exceedance tion leakage rate must include an ade- within 7 days of the determination;
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(2) Submit a preliminary written as- (1) Chemically treat a hazardous sessment to the Regional Adminis- waste which is substantially different trator within 14 days of the determina- from waste previously treated in that tion, as to the amount of liquids, likely impoundment; or sources of liquids, possible location, (2) Chemically treat hazardous waste size, and cause of any leaks, and short- with a substantially different process term actions taken and planned; than any previously used in that im- (3) Determine to the extent prac- poundment; the owner or operator ticable the location, size, and cause of must, before treating the different any leak; waste or using the different process: (4) Determine whether waste receipt (i) Conduct waste analyses and trial should cease or be curtailed, whether treatment tests (e.g., bench scale or any waste should be removed from the pilot plant scale tests); or unit for inspection, repairs, or con- (ii) Obtain written, documented in- trols, and whether or not the unit formation on similar treatment of should be closed; similar waste under similar operating (5) Determine any other short-term conditions; to show that this treat- and longer-term actions to be taken to ment will comply with § 265.17(b). mitigate or stop any leaks; and [Comment: As required by § 265.13, the waste (6) Within 30 days after the notifica- analysis plan must include analyses needed tion that the action leakage rate has to comply with §§ 265.229 and 265.230. As re- been exceeded, submit to the Regional quired by § 265.73, the owner or operator must Administrator the results of the anal- place the results from each waste analysis and trial test, or the documented informa- yses specified in paragraphs (b)(3), (4), tion, in the operating record of the facility.] and (5) of this section, the results of ac- tions taken, and actions planned. (b) [Reserved] Monthly thereafter, as long as the flow rate in the leak detection system ex- § 265.226 Monitoring and inspection. ceeds the action leakage rate, the (a) The owner or operator must owner or operator must submit to the inspect: Regional Administrator a report sum- (1) The freeboard level at least once marizing the results of any remedial each operating day to ensure compli- actions taken and actions planned. ance with § 265.222, and (c) To make the leak and/or remedi- (2) The surface impoundment, includ- ation determinations in paragraphs ing dikes and vegetation surrounding (b)(3), (4), and (5) of this section, the the dike, at least once a week to detect owner or operator must: any leaks, deterioration, or failures in (1)(i) Assess the source of liquids and the impoundment. amounts of liquids by source, (b)(1) An owner or operator required (ii) Conduct a fingerprint, hazardous to have a leak detection system under constituent, or other analyses of the § 265.221(a) must record the amount of liquids in the leak detection system to liquids removed from each leak detec- identify the source of liquids and pos- tion system sump at least once each sible location of any leaks, and the week during the active life and closure hazard and mobility of the liquid; and period. (2) After the final cover is installed, (iii) Assess the seriousness of any the amount of liquids removed from leaks in terms of potential for escaping each leak detection system sump must into the environment; or be recorded at least monthly. If the liq- (2) Document why such assessments uid level in the sump stays below the are not needed. pump operating level for two consecu- [57 FR 3492, Jan. 29, 1992. Redesignated and tive months, the amount of liquids in amended at 71 FR 16911, Apr. 4, 2006; 71 FR the sumps must be recorded at least 40275, July 14, 2006] quarterly. If the liquid level in the sump stays below the pump operating § 265.225 Waste analysis and trial tests. level for two consecutive quarters, the (a) In addition to the waste analyses amount of liquids in the sumps must be required by § 265.13, whenever a surface recorded at least semi-annually. If at impoundment is to be used to: any time during the post-closure care
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period the pump operating level is ex- (D) Accommodate settling and sub- ceeded at units on quarterly or semi- sidence so that the cover’s integrity is annual recording schedules, the owner maintained; and or operator must return to monthly re- (E) Have a permeability less than or cording of amounts of liquids removed equal to the permeability of any bot- from each sump until the liquid level tom liner system or natural subsoils again stays below the pump operating present. level for two consecutive months. (b) In addition to the requirements of (3) ‘‘Pump operating level’’ is a liquid subpart G, and § 265.310, during the level proposed by the owner or operator post-closure care period, the owner or and approved by the Regional Adminis- operator of a surface impoundment in trator based on pump activation level, which wastes, waste residues, or con- sump dimensions, and level that avoids taminated materials remain after clo- backup into the drainage layer and sure in accordance with the provisions minimizes head in the sump. The tim- of paragraph (a)(2) of this section must: ing for submission and approval of the (1) Maintain the integrity and effec- proposed ‘‘pump operating level’’ will tiveness of the final cover, including be in accordance with § 265.222(a). making repairs to the cover as nec- [Comment: As required by § 265.15(c), the essary to correct the effects of settling, owner or operator must remedy any deterio- subsidence, erosion, or other events; ration or malfunction he finds.] (2) Maintain and monitor the leak de- tection system in accordance with [45 FR 33232, May 19, 1980, as amended at 57 FR 3493, Jan. 29, 1992] §§ 264.221(c)(2)(iv) and (3) of this chapter and 265.226(b) and comply with all § 265.227 [Reserved] other applicable leak detection system requirements of this part; § 265.228 Closure and post-closure (3) Maintain and monitor the ground- care. water monitoring system and comply (a) At closure, the owner or operator with all other applicable requirements must: of subpart F of this part; and (1) Remove or decontaminate all (4) Prevent run-on and run-off from waste residues, contaminated contain- eroding or otherwise damaging the ment system components (liners, etc.), final cover. contaminated subsoils, and structures [52 FR 8708, Mar. 19, 1987, as amended at 57 and equipment contaminated with FR 3493, Jan. 29, 1992; 71 FR 40275, July 14, waste and leachate, and manage them 2006] as hazardous waste unless § 261.3(d) of this chapter applies; or § 265.229 Special requirements for ig- (2) Close the impoundment and pro- nitable or reactive waste. vide post-closure care for a landfill Ignitable or reactive waste must not under subpart G and § 265.310, including be placed in a surface impoundment, the following: unless the waste and impoundment sat- (i) Eliminate free liquids by remov- isfy all applicable requirements of 40 ing liquid wastes or solidifying the re- CFR part 268, and: maining wastes and waste residues; (a) The waste is treated, rendered, or (ii) Stabilize remaining wastes to a mixed before or immediately after bearing capacity sufficient to support placement in the impoundment so that: the final cover; and (1) The resulting waste, mixture, or (iii) Cover the surface impoundment dissolution of material no longer meets with a final cover designed and con- the definition of ignitable or reactive structed to: waste under § 261.21 or § 261.23 of this (A) Provide long-term minimization chapter; and of the migration of liquids through the (2) Section 265.17(b) is complied with; closed impoundment; or (B) Function with minimum mainte- (b)(1) The waste is managed in such a nance; way that it is protected from any ma- (C) Promote drainage and minimize terial or conditions which may cause it erosion or abrasion of the cover; to ignite or react; and
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(2) The owner or operator obtains a compatible with the waste in the pile certification from a qualified chemist to which it is to be added. The analysis or engineer that, to the best of his conducted must be capable of differen- knowledge and opinion, the design fea- tiating between the types of hazardous tures or operating plans of the facility waste the owner or operator places in will prevent ignition or reaction; and piles, so that mixing of incompatible (3) The certification and the basis for waste does not inadvertently occur. it are maintained at the facility; or The analysis must include a visual (c) The surface impoundment is used comparison of color and texture. solely for emergencies. [Comment: As required by § 265.13, the waste [50 FR 16048, Apr. 23, 1985, as amended at 55 analysis plan must include analyses needed FR 22685, June 1, 1990; 71 FR 40275, July 14, to comply with §§ 265.256 and 265.257. As re- 2006] quired by § 265.73, the owner or operator must § 265.230 Special requirements for in- place the results of this analysis in the oper- compatible wastes. ating record of the facility.] Incompatible wastes, or incompatible (b) [Reserved] wastes and materials, (see appendix V for examples) must not be placed in the § 265.253 Containment. same surface impoundment, unless If leachate or run-off from a pile is a § 265.17(b) is complied with. hazardous waste, then either: § 265.231 Air emission standards. (a)(1) The pile must be placed on an impermeable base that is compatible The owner or operator shall manage with the waste under the conditions of all hazardous waste placed in a surface treatment or storage; impoundment in accordance with the (2) The owner or operator must de- applicable requirements of subparts BB and CC of this part. sign, construct, operate, and maintain a run-on control system capable of pre- [61 FR 59968, Nov. 25, 1996] venting flow onto the active portion of the pile during peak discharge from at Subpart L—Waste Piles least a 25-year storm; (3) The owner or operator must de- § 265.250 Applicability. sign, construct, operate, and maintain The regulations in this subpart apply a run-off management system to col- to owners and operators of facilities lect and control at least the water vol- that treat or store hazardous waste in ume resulting from a 24-hour, 25-year piles, except as § 265.1 provides other- storm; and wise. Alternatively, a pile of hazardous (4) Collection and holding facilities waste may be managed as a landfill (e.g., tanks or basins) associated with under subpart N. run-on and run-off control systems § 265.251 Protection from wind. must be emptied or otherwise managed The owner or operator of a pile con- expeditiously to maintain design ca- taining hazardous waste which could be pacity of the system; or subject to dispersal by wind must cover (b)(1) The pile must be protected or otherwise manage the pile so that from precipitation and run-on by some wind dispersal is controlled. other means; and (2) No liquids or wastes containing § 265.252 Waste analysis. free liquids may be placed in the pile. In addition to the waste analyses re- [Comment: If collected leachate or run-off is quired by § 265.13, the owner or operator discharged through a point source to waters must analyze a representative sample of the United States, it is subject to the re- of waste from each incoming move- quirements of section 402 of the Clean Water ment before adding the waste to any Act, as amended.] existing pile, unless (1) The only wastes the facility receives which are ame- [45 FR 33232, May 19, 1980, as amended at 47 FR 32367, July 26, 1982] nable to piling are compatible with each other, or (2) the waste received is
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§ 265.254 Design and operating re- action leakage rate must consider de- quirements. creases in the flow capacity of the sys- The owner or operator of each new tem over time resulting from siltation waste pile on which construction com- and clogging, rib layover and creep of mences after January 29, 1992, each lat- synthetic components of the system, eral expansion of a waste pile unit on overburden pressures, etc.). which construction commences after (c) To determine if the action leak- July 29, 1992, and each such replace- age rate has been exceeded, the owner ment of an existing waste pile unit or operator must convert the weekly that is to commence reuse after July flow rate from the monitoring data ob- 29, 1992 must install two or more liners tained under § 265.260, to an average and a leachate collection and removal daily flow rate (gallons per acre per system above and between such liners, day) for each sump. Unless the Re- and operate the leachate collection and gional Administrator approves a dif- removal systems, in accordance with ferent calculation, the average daily § 264.251(c), unless exempted under flow rate for each sump must be cal- § 264.251(d), (e), or (f), of this chapter; culated weekly during the active life and must comply with the procedures and closure period. of § 265.221(b). ‘‘Construction com- mences’’ is as defined in § 260.10 of this [57 FR 3493, Jan. 29, 1992, as amended at 71 chapter under ‘‘existing facility’’. FR 40275, July 14, 2006] [57 FR 3493, Jan. 29, 1992] § 265.256 Special requirements for ig- nitable or reactive waste. § 265.255 Action leakage rates. (a) Ignitable or reactive waste must (a) The owner or operator of waste not be placed in a pile unless the waste pile units subject to § 265.254 must sub- and pile satisfy all applicable require- mit a proposed action leakage rate to ments of 40 CFR part 268, and: the Regional Administrator when sub- (1) Addition of the waste to an exist- mitting the notice required under ing pile (i) results in the waste or mix- § 265.254. Within 60 days of receipt of the notification, the Regional Adminis- ture no longer meeting the definition trator will: Establish an action leakage of ignitable or reactive waste under rate, either as proposed by the owner § 261.21 or § 261.23 of this chapter, and or operator or modified using the cri- (ii) complies with § 265.17(b); or teria in this section; or extend the re- (2) The waste is managed in such a view period for up to 30 days. If no ac- way that it is protected from any ma- tion is taken by the Regional Adminis- terial or conditions which may cause it trator before the original 60 or ex- to ignite or react. tended 90 day review periods, the ac- (b) [Reserved] tion leakage rate will be approved as [45 FR 33232, May 19, 1980, as amended at 55 proposed by the owner or operator. FR 22685, June 1, 1990] (b) The Regional Administrator shall approve an action leakage rate for § 265.257 Special requirements for in- waste pile units subject to § 265.254. The compatible wastes. action leakage rate is the maximum design flow rate that the leak detec- (a) Incompatible wastes, or incom- tion system (LDS) can remove without patible wastes and materials, (see ap- the fluid head on the bottom liner ex- pendix V for examples) must not be ceeding 1 foot. The action leakage rate placed in the same pile, unless must include an adequate safety mar- § 265.17(b) is complied with. gin to allow for uncertainties in the de- (b) A pile of hazardous waste that is sign (e.g., slope, hydraulic conduc- incompatible with any waste or other tivity, thickness of drainage material), material stored nearby in other con- construction, operation, and location tainers, piles, open tanks, or surface of the LDS, waste and leachate charac- impoundments must be separated from teristics, likelihood and amounts of the other materials, or protected from other sources of liquids in the LDS, them by means of a dike, berm, wall, or and proposed response actions (e.g., the other device.
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[Comment: The purpose of this is to prevent (2) Submit a preliminary written as- fires, explosions, gaseous emissions, leach- sessment to the Regional Adminis- ing, or other discharge of hazardous waste or trator within 14 days of the determina- hazardous waste constituents which could tion, as to the amount of liquids, likely result from the contact or mixing of incom- patible wastes or materials.] sources of liquids, possible location, size, and cause of any leaks, and short- (c) Hazardous waste must not be term actions taken and planned; piled on the same area where incom- (3) Determine to the extent prac- patible wastes or materials were pre- ticable the location, size, and cause of viously piled, unless that area has been any leak; decontaminated sufficiently to ensure (4) Determine whether waste receipts compliance with § 265.17(b). should cease or be curtailed, whether any waste should be removed from the § 265.258 Closure and post-closure unit for inspection, repairs, or con- care. trols, and whether or not the unit (a) At closure, the owner or operator should be closed; must remove or decontaminate all (5) Determine any other short-term waste residues, contaminated contain- and longer-term actions to be taken to ment system components (liners, etc.), mitigate or stop any leaks; and contaminated subsoils, and structures (6) Within 30 days after the notifica- and equipment contaminated with tion that the action leakage rate has waste and leachate, and manage them been exceeded, submit to the Regional as hazardous waste unless § 261.3(d) of Administrator the results of the anal- this chapter applies; or yses specified in paragraphs (b)(3), (4), (b) If, after removing or decontami- and (5) of this section, the results of ac- nating all residues and making all rea- tions taken, and actions planned. sonable efforts to effect removal or de- Monthly thereafter, as long as the flow contamination of contaminated compo- rate in the leak detection system ex- nents, subsoils, structures, and equip- ceeds the action leakage rate, the ment as required in paragraph (a) of owner or operator must submit to the this section, the owner or operator Regional Administrator a report sum- finds that not all contaminated sub- marizing the results of any remedial soils can be practicably removed or de- actions taken and actions planned. contaminated, he must close the facil- (c) To make the leak and/or remedi- ity and perform post-closure care in ac- ation determinations in paragraphs cordance with the closure and post-clo- (b)(3), (4), and (5) of this section, the sure requirements that apply to land- owner or operator must: fills (§ 265.310). (1)(i) Assess the source of liquids and amounts of liquids by source, [47 FR 32368, July 26, 1982] (ii) Conduct a fingerprint, hazardous constituent, or other analyses of the § 265.259 Response actions. liquids in the leak detection system to (a) The owner or operator of waste identify the source of liquids and pos- pile units subject to § 265.254 must de- sible location of any leaks, and the velop and keep on-site until closure of hazard and mobility of the liquid; and the facility a response action plan. The (iii) Assess the seriousness of any response action plan must set forth the leaks in terms of potential for escaping actions to be taken if the action leak- into the environment; or age rate has been exceeded. At a min- (2) Document why such assessments imum, the response action plan must are not needed. describe the actions specified in para- [57 FR 3494, Jan. 29, 1992, as amended at 71 graph (b) of this section. FR 16911, Apr. 4, 2006; 71 FR 40275, July 14, (b) If the flow rate into the leak de- 2006] termination system exceeds the action leakage rate for any sump, the owner § 265.260 Monitoring and inspection. or operator must: An owner or operator required to (1) Notify the Regional Adminis- have a leak detection system under trator in writing of the exceedance § 265.254 must record the amount of liq- within 7 days of the determination; uids removed from each leak detection
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system sump at least once each week equal or exceed the maximum con- during the active life and closure centrations contained in Table 1 of period. § 261.24 of this chapter that cause a waste to exhibit the Toxicity [57 FR 3494, Jan. 29, 1992] Characteristic; (b) For any waste listed in part 261, Subpart M—Land Treatment subpart D, of this chapter, determine § 265.270 Applicability. the concentrations of any substances which caused the waste to be listed as The regulations in this subpart apply a hazardous waste; and to owners and operators of hazardous (c) If food chain crops are grown, de- waste land treatment facilities, except termine the concentrations in the as § 265.1 provides otherwise. waste of each of the following constitu- § 265.271 [Reserved] ents: arsenic, cadmium, lead, and mer- cury, unless the owner or operator has § 265.272 General operating require- written, documented data that show ments. that the constituent is not present. (a) Hazardous waste must not be [Comment: Part 261 of this chapter specifies placed in or on a land treatment facil- the substances for which a waste is listed as ity unless the waste can be made less a hazardous waste. As required by § 265.13, hazardous or nonhazardous by degrada- the waste analysis plan must include anal- tion, transformation, or immobiliza- yses needed to comply with §§ 265.281 and tion processes occurring in or on the 265.282. As required by § 265.73, the owner or soil. operator must place the results from each (b) The owner or operator must de- waste analysis, or the documented informa- tion, in the operating record of the facility.] sign, construct, operate, and maintain a run-on control system capable of pre- [45 FR 33232, May 19, 1980, as amended at 55 venting flow onto the active portions FR 11876, Mar. 29, 1990] of the facility during peak discharge from at least a 25-year storm. §§ 265.274–265.275 [Reserved] (c) The owner or operator must de- § 265.276 Food chain crops. sign, construct, operate, and maintain a run-off management system capable (a) An owner or operator of a haz- of collecting and controlling a water ardous waste land treatment facility volume at least equivalent to a 24- on which food chain crops are being hour, 25-year storm. grown, or have been grown and will be (d) Collection and holding facilities grown in the future, must notify the (e.g., tanks or basins) associated with Regional Administrator within 60 days run-on and run-off control systems after the effective date of this part. must be emptied or otherwise managed [Comment: The growth of food chain crops at expeditiously after storms to maintain a facility which has never before been used design capacity of the system. for this purpose is a significant change in (e) If the treatment zone contains process under § 122.72(c) of this chapter. Own- particulate matter which may be sub- ers or operators of such land treatment fa- ject to wind dispersal, the owner or op- cilities who propose to grow food chain crops erator must manage the unit to control after the effective date of this part must wind dispersal. comply with § 122.72(c) of this chapter.] [45 FR 33232, May 19, 1980, as amended at 47 (b)(1) Food chain crops must not be FR 32368, July 26, 1982; 50 FR 16048, Apr. 23, grown on the treated area of a haz- 1985] ardous waste land treatment facility unless the owner or operator can dem- § 265.273 Waste analysis. onstrate, based on field testing, that In addition to the waste analyses re- any arsenic, lead, mercury, or other quired by § 265.13, before placing a haz- constituents identified under ardous waste in or on a land treatment § 265.273(b): facility, the owner or operator must: (i) Will not be transferred to the food (a) Determine the concentrations in portion of the crop by plant uptake or the waste of any substances which direct contact, and will not otherwise
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be ingested by food chain animals (e.g., Maximum cumulative by grazing); or application (kg/ha) (ii) Will not occur in greater con- Soil caption exchange capacity Back- Back- (meq/100g) ground soil ground soil centrations in the crops grown on the pH less pH greater land treatment facility than in the than 6.5 than 6.5
same crops grown on untreated soils Less than 5 ...... 5 5 under similar conditions in the same 5 to 15 ...... 5 10 region. Greater than 15 ...... 5 20 (2) The information necessary to make the demonstration required by (B) For soils with a background pH of paragraph (b)(1) of this section must be less than 6.5, the cumulative cadmium kept at the facility and must, at a application rate does not exceed the minimum: levels below: Provided, that the pH of (i) Be based on tests for the specific the waste and soil mixture is adjusted waste and application rates being used to and maintained at 6.5 or greater at the facility; and whenever food chain crops are grown.
(ii) Include descriptions of crop and Maximum soil characteristics, sample selection cumulative Soil caption exchange capacity (meq/100g) application criteria, sample size determination, an- (kg/ha) alytical methods, and statistical proce- dures. Less than 5 ...... 5 5 to 15 ...... 10 (c) Food chain crops must not be Greater than 15 ...... 20 grown on a land treatment facility re- ceiving waste that contains cadmium (2)(i) The only food chain crop pro- unless all requirements of paragraphs duced is animal feed. (c)(1) (i) through (iii) of this section or (ii) The pH of the waste and soil mix- all requirements of paragraphs (c)(2) (i) ture is 6.5 or greater at the time of through (iv) of this section are met. waste application or at the time the (1)(i) The pH of the waste and soil crop is planted, whichever occurs later, mixture is 6.5 or greater at the time of and this pH level is maintained when- each waste application, except for ever food chain crops are grown. waste containing cadmium at con- (iii) There is a facility operating plan centrations of 2 mg/kg (dry weight) or which demonstrates how the animal less; feed will be distributed to preclude in- (ii) The annual application of cad- gestion by humans. The facility oper- mium from waste does not exceed 0.5 ating plan describes the measures to be kilograms per hectare (kg/ha) on land taken to safeguard against possible used for production of tobacco, leafy health hazards from cadmium entering vegetables, or root crops grown for the food chain, which may result from human consumption. For other food alternative land uses. chain crops, the annual cadmium appli- (iv) Future property owners are noti- cation rate does not exceed: fied by a stipulation in the land record or property deed which states that the Annual Cd property has received waste at high Time period application rate (kg/ cadmium application rates and that ha) food chain crops must not be grown ex- Present to June 30, 1984 ...... 2.0 cept in compliance with paragraph July 1, 1984 to December 31, 1986 ...... 1.25 (c)(2) of this section. Beginning January 1, 1987 ...... 0.5 [Comment: As required by § 265.73, if an owner (iii) The cumulative application of or operator grows food chain crops on his cadmium from waste does not exceed land treatment facility, he must place the the levels in either paragraph information developed in this section in the operating record of the facility.] (c)(1)(iii)(A) or (B) of this section. (A) [45 FR 33232, May 19, 1980, as amended at 47 FR 32368, July 26, 1982; 48 FR 14295, Apr. 1, 1983]
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§ 265.277 [Reserved] ator under this section must be placed in the operating record of the facility.] § 265.278 Unsaturated zone (zone of aeration) monitoring. § 265.279 Recordkeeping. (a) The owner or operator must have The owner or operator must include in writing, and must implement, an un- hazardous waste application dates and saturated zone monitoring plan which rates in the operating record required is designed to: under § 265.73. (1) Detect the vertical migration of [47 FR 32368, July 26, 1982] hazardous waste and hazardous waste constituents under the active portion § 265.280 Closure and post-closure. of the land treatment facility, and (2) Provide information on the back- (a) In the closure plan under § 265.112 ground concentrations of the hazardous and the post-closure plan under waste and hazardous waste constitu- § 265.118, the owner or operator must ents in similar but untreated soils address the following objectives and in- nearby; this background monitoring dicate how they will be achieved: must be conducted before or in con- (1) Control of the migration of haz- junction with the monitoring required ardous waste and hazardous waste con- under paragraph (a)(1) of this section. stituents from the treated area into (b) The unsaturated zone monitoring the ground water; plan must include, at a minimum: (2) Control of the release of contami- (1) Soil monitoring using soil cores, nated run-off from the facility into sur- and face water; (2) Soil-pore water monitoring using (3) Control of the release of airborne devices such as lysimeters. particulate contaminants caused by (c) To comply with paragraph (a)(1) wind erosion; and of this section, the owner or operator (4) Compliance with § 265.276 con- must demonstrate in his unsaturated cerning the growth of food-chain crops. zone monitoring plan that: (b) The owner or operator must con- (1) The depth at which soil and soil- sider at least the following factors in pore water samples are to be taken is addressing the closure and post-closure below the depth to which the waste is care objectives of paragraph (a) of this incorporated into the soil; section: (2) The number of soil and soil-pore water samples to be taken is based on (1) Type and amount of hazardous the variability of: waste and hazardous waste constitu- (i) The hazardous waste constituents ents applied to the land treatment fa- (as identified in § 265.273(a) and (b)) in cility; the waste and in the soil; and (2) The mobility and the expected (ii) The soil type(s); and rate of migration of the hazardous (3) The frequency and timing of soil waste and hazardous waste and soil-pore water sampling is based constituents; on the frequency, time, and rate of (3) Site location, topography, and waste application, proximity to ground surrounding land use, with respect to water, and soil permeability. the potential effects of pollutant mi- (d) The owner or operator must keep gration (e.g., proximity to ground at the facility his unsaturated zone water, surface water and drinking monitoring plan, and the rationale water sources); used in developing this plan. (4) Climate, including amount, fre- (e) The owner or operator must ana- quency, and pH of precipitation; lyze the soil and soil-pore water sam- (5) Geological and soil profiles and ples for the hazardous waste constitu- surface and subsurface hydrology of ents that were found in the waste dur- the site, and soil characteristics, in- ing the waste analysis under § 265.273 cluding cation exchange capacity, total (a) and (b). organic carbon, and pH; [Comment: As required by § 265.73, all data and (6) Unsaturated zone monitoring in- information developed by the owner or oper- formation obtained under § 265.278; and
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(7) Type, concentration, and depth of (3) Assure that growth of food chain migration of hazardous waste constitu- crops complies with § 265.276; and ents in the soil as compared to their (4) Control wind dispersal of haz- background concentrations. ardous waste. (c) The owner or operator must con- [45 FR 33232, May 19, 1980, as amended at 47 sider at least the following methods in FR 32368, July 26, 1982; 71 FR 16911, Apr. 4, addressing the closure and post-closure 2006; 71 FR 40275, July 14, 2006] care objectives of paragraph (a) of this section: § 265.281 Special requirements for ig- (1) Removal of contaminated soils; nitable or reactive waste. (2) Placement of a final cover, consid- The owner or operator must not ering: apply ignitable or reactive waste to the (i) Functions of the cover (e.g., infil- treatment zone unless the waste and tration control, erosion and run-off treatment zone meet all applicable re- control, and wind erosion control); and quirements of 40 CFR part 268, and: (ii) Characteristics of the cover, in- (a) The waste is immediately incor- cluding material, final surface con- porated into the soil so that: tours, thickness, porosity and perme- (1) The resulting waste, mixture, or ability, slope, length of run of slope, dissolution of material no longer meets and type of vegetation on the cover; the definition of ignitable or reactive and waste under § 261.21 or § 261.23 of this (3) Monitoring of ground water. chapter; and (d) In addition to the requirements of (2) Section 264.17(b) is complied with; subpart G of this part, during the clo- or sure period the owner or operator of a (b) The waste is managed in such a land treatment facility must: way that it is protected from any ma- (1) Continue unsaturated zone moni- terial or conditions which may cause it toring in a manner and frequency spec- to ignite or react. ified in the closure plan, except that soil pore liquid monitoring may be ter- [47 FR 32368, July 26, 1982, as amended at 55 minated 90 days after the last applica- FR 22686, June 1, 1990; 71 FR 40275, July 14, tion of waste to the treatment zone; 2006] (2) Maintain the run-on control sys- § 265.282 Special requirements for in- tem required under § 265.272(b); compatible wastes. (3) Maintain the run-off management system required under § 265.272(c); and Incompatible wastes, or incompatible (4) Control wind dispersal of particu- wastes and materials (see appendix V late matter which may be subject to for examples), must not be placed in wind dispersal. the same land treatment area, unless (e) For the purpose of complying with § 265.17(b) is complied with. § 265.115, when closure is completed the owner or operator may submit to the Subpart N—Landfills Regional Administrator certification both by the owner or operator and by § 265.300 Applicability. an independent, qualified soil scientist, The regulations in this subpart apply in lieu of a qualified Professional Engi- to owners and operators of facilities neer, that the facility has been closed that dispose of hazardous waste in in accordance with the specifications landfills, except as § 265.1 provides oth- in the approved closure plan. erwise. A waste pile used as a disposal (f) In addition to the requirements of facility is a landfill and is governed by § 265.117, during the post-closure care this subpart. period the owner or operator of a land treatment unit must: § 265.301 Design and operating re- (1) Continue soil-core monitoring by quirements. collecting and analyzing samples in a (a) The owner or operator of each manner and frequency specified in the new landfill unit, each lateral expan- post-closure plan; sion of a landfill unit, and each re- (2) Restrict access to the unit as ap- placement of an existing landfill unit propriate for its post-closure use; must install two or more liners and a
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leachate collection and removal sys- (e) In the case of any unit in which tem above and between such liners, and the liner and leachate collection sys- operate the leachate collection and re- tem has been installed pursuant to the moval system, in accordance with requirements of paragraph (a) of this § 264.301(c), unless exempted under section and in good faith compliance § 264.301(d), (e), or (f) of this chapter. with paragraph (a) of this section and (b) The owner or operator of each with guidance documents governing unit referred to in paragraph (a) of this liners and leachate collection systems section must notify the Regional Ad- under paragraph (a) of this section, no ministrator at least sixty days prior to liner or leachate collection system receiving waste. The owner or operator which is different from that which was of each facility submitting notice must so installed pursuant to paragraph (a) file a part B application within six of this section will be required for such months of the receipt of such notice. unit by the Regional Administrator (c) The owner or operator of any re- when issuing the first permit to such placement landfill unit is exempt from facility, except that the Regional Ad- paragraph (a) of this section if: ministrator will not be precluded from (1) The existing unit was constructed requiring installation of a new liner in compliance with the design stand- when the Regional Administrator has ards of section 3004(o)(1)(A)(i) and (o)(5) reason to believe that any liner in- of the Resource Conservation and Re- stalled pursuant to the requirements of covery Act; and paragraph (a) of this section is leaking. (2) There is no reason to believe that (f) The owner or operator must de- the liner is not functioning as de- signed. sign, construct, operate, and maintain (d) The double liner requirement set a run-on control system capable of pre- forth in paragraph (a) of this section venting flow onto the active portion of may be waived by the Regional Admin- the landfill during peak discharge from istrator for any monofill, if: at least a 25-year storm. (1) The monofill contains only haz- (g) The owner or operator must de- ardous wastes from foundry furnace sign, construct, operate and maintain a emission controls or metal casting run-off management system to collect molding sand, and such wastes do not and control at least the water volume contain constituents which would resulting from a 24-hour, 25-year storm. render the wastes hazardous for rea- (h) Collection and holding facilities sons other than the Toxicity Char- (e.g., tanks or basins) associated with acteristic in § 261.24 of this chapter, run-on and run-off control systems with EPA Hazardous Waste Numbers must be emptied or otherwise managed D004 through D017; and expeditiously after storms to maintain (2)(i)(A) The monofill has at least one design capacity of the system. liner for which there is no evidence (i) The owner or operator of a landfill that such liner is leaking; containing hazardous waste which is (B) The monofill is located more than subject to dispersal by wind must cover one-quarter mile from an ‘‘under- or otherwise manage the landfill so ground source of drinking water’’ (as that wind dispersal of the hazardous that term is defined in 40 CFR 270.2); waste is controlled. and (C) The monofill is in compliance [Comment: As required by § 265.13, the waste with generally applicable ground-water analysis plan must include analyses needed to comply with §§ 265.312, 265.313, and 265.314. monitoring requirements for facilities As required by § 265.73, the owner or operator with permits under RCRA section must place the results of these analyses in 3005(c); or the operating record of the facility.] (ii) The owner or operator dem- onstrates that the monofill is located, [45 FR 33232, May 19, 1980, as amended at 47 FR 32368, July 26, 1982; 50 FR 18374, Apr. 30, designed and operated so as to assure 1985. Redesignated from § 265.302 at 57 FR that there will be no migration of any 3494, Jan. 29, 1992; 50 FR 28750, July 15, 1985, hazardous constituent into ground as amended at 57 FR 3494, Jan. 29, 1992; 57 FR water or surface water at any future 30658, July 10, 1992; 71 FR 16911, Apr. 4, 2006; time. 71 FR 40275, July 14, 2006]
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§ 265.302 Action leakage rate. § 265.303 Response actions. (a) The owner or operator of landfill (a) The owner or operator of landfill units subject to § 265.301(a) must sub- units subject to § 265.301(a) must de- mit a proposed action leakage rate to velop and keep on site until closure of the Regional Administrator when sub- the facility a response action plan. The mitting the notice required under response action plan must set forth the § 265.301(b). Within 60 days of receipt of actions to be taken if the action leak- the notification, the Regional Adminis- age rate has been exceeded. At a min- trator will: Establish an action leakage imum, the response action plan must rate, either as proposed by the owner describe the actions specified in para- or operator or modified using the cri- graph (b) of this section. teria in this section; or extend the re- (b) If the flow rate into the leak de- view period for up to 30 days. If no ac- tection system exceeds the action leak- tion is taken by the Regional Adminis- age rate for any sump, the owner or op- trator before the original 60 or ex- erator must: tended 90 day review periods, the ac- (1) Notify the Regional Adminis- tion leakage rate will be approved as trator in writing of the exceedance proposed by the owner or operator. within 7 days of the determination; (b) The Regional Administrator shall (2) Submit a preliminary written as- approve an action leakage rate for land sessment to the Regional Adminis- fill units subject to § 265.301(a). The ac- trator within 14 days of the determina- tion leakage rate is the maximum de- tion, as to the amount of liquids, likely sign flow rate that the leak detection sources of liquids, possible location, system (LDS) can remove without the size, and cause of any leaks, and short- fluid head on the bottom liner exceed- term actions taken and planned; ing 1 foot. The action leakage rate (3) Determine to the extent prac- must include an adequate safety mar- ticable the location, size, and cause of gin to allow for uncertainties in the de- any leak; (4) Determine whether waste receipt sign (e.g., slope, hydraulic conduc- should cease or be curtailed, whether tivity, thickness of drainage material), any waste should be removed from the construction, operation, and location unit for inspection, repairs, or con- of the LDS, waste and leachate charac- trols, and whether or not the unit teristics, likelihood and amounts of should be closed; other sources of liquids in the LDS, (5) Determine any other short-term and proposed response actions (e.g., the and longer-term actions to be taken to action leakage rate must consider de- mitigate or stop any leaks; and creases in the flow capacity of the sys- (6) Within 30 days after the notifica- tem over time resulting from siltation tion that the action leakage rate has and clogging, rib layover and creep of been exceeded, submit to the Regional synthetic components of the system, Administrator the results of the anal- overburden pressures, etc.). yses specified in paragraphs (b)(3), (4), (c) To determine if the action leak- and (5) of this section, the results of ac- age rate has been exceeded, the owner tions taken, and actions planned. or operator must convert the weekly or Monthly thereafter, as long as the flow monthly flow rate from the monitoring rate in the leak detection system ex- data obtained under § 265.304 to an aver- ceeds the action leakage rate, the age daily flow rate (gallons per acre owner or operator must submit to the per day) for each sump. Unless the Re- Regional Administrator a report sum- gional Administrator approves a dif- marizing the results of any remedial ferent calculation, the average daily actions taken and actions planned. flow rate for each sump must be cal- (c) To make the leak and/or remedi- culated weekly during the active life ation determinations in paragraphs and closure period, and monthly during (b)(3), (4), and (5) of this section, the the post-closure care period when owner or operator must: monthly monitoring is required under (1)(i) Assess the source of liquids and § 265.304(b). amounts of liquids by source, [57 FR 3494, Jan. 29, 1992, as amended at 71 (ii) Conduct a fingerprint, hazardous FR 40276, July 14, 2006] constituent, or other analyses of the
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liquids in the leak detection system to §§ 265.305–265.308 [Reserved] identify the source of liquids and pos- sible location of any leaks, and the § 265.309 Surveying and record- hazard and mobility of the liquid; and keeping. (iii) Assess the seriousness of any The owner or operator of a landfill leaks in terms of potential for escaping must maintain the following items in into the environment; or the operating record required in (2) Document why such assessments § 265.73: are not needed. (a) On a map, the exact location and dimensions, including depth, of each [57 FR 3494, Jan. 29, 1992, as amended at 71 cell with respect to permanently sur- FR 16912, Apr. 4, 2006; 71 FR 40276, July 14, veyed benchmarks; and 2006] (b) The contents of each cell and the approximate location of each haz- § 265.304 Monitoring and inspection. ardous waste type within each cell. (a) An owner or operator required to have a leak detection system under § 265.310 Closure and post-closure care. § 265.301(a) must record the amount of liquids removed from each leak detec- (a) At final closure of the landfill or tion system sump at least once each upon closure of any cell, the owner or week during the active life and closure operator must cover the landfill or cell period. with a final cover designed and con- structed to: (b) After the final cover is installed, (1) Provide long-term minimization the amount of liquids removed from of migration of liquids through the each leak detection system sump must closed landfill; be recorded at least monthly. If the liq- (2) Function with minimum mainte- uid level in the sump stays below the nance; pump operating level for two consecu- (3) Promote drainage and minimize tive months, the amount of liquids in erosion or abrasion of the cover; the sumps must be recorded at least (4) Accommodate settling and subsid- quarterly. If the liquid level in the ence so that the cover’s integrity is sump stays below the pump operating maintained; and level for two consecutive quarters, the (5) Have a permeability less than or amount of liquids in the sumps must be equal to the permeability of any bot- recorded at least semi-annually. If at tom liner system or natural subsoils any time during the post-closure care present. period the pump operating level is ex- (b) After final closure, the owner or ceeded at units on quarterly or semi- operator must comply with all post- annual recording schedules, the owner closure requirements contained in or operator must return to monthly re- §§ 265.117 through 265.120 including cording of amounts of liquids removed maintenance and monitoring through- from each sump until the liquid level out the post-closure care period. The again stays below the pump operating owner or operator must: level for two consecutive months. (1) Maintain the integrity and effec- tiveness of the final cover, including (c) ‘‘Pump operating level’’ is a liquid making repairs to the cover as nec- level proposed by the owner or operator essary to correct the effects of settling, and approved by the Regional Adminis- subsidence, erosion, or other events; trator based on pump activation level, (2) Maintain and monitor the leak de- sump dimensions, and level that avoids tection system in accordance with backup into the drainage layer and §§ 264.301(c)(3)(iv) and (4) of this chapter minimizes head in the sump. The tim- and 265.304(b), and comply with all ing for submission and approval of the other applicable leak detection system proposed ‘‘pump operating level’’ will requirements of this part; be in accordance with § 265.302(a). (3) Maintain and monitor the ground- water monitoring system and comply [57 FR 3495, Jan. 29, 1992] with all other applicable requirements of subpart F of this part;
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(4) Prevent run-on and run-off from § 265.314 Special requirements for eroding or otherwise damaging the bulk and containerized liquids. final cover; and (a) The placement of bulk or non-con- (5) Protect and maintain surveyed tainerized liquid hazardous waste or benchmarks used in complying with hazardous waste containing free liquids § 265.309. (whether or not sorbents have been [50 FR 16048, Apr. 23, 1985, as amended at 57 added) in any landfill is prohibited. FR 3495, Jan. 29, 1992] (b) Containers holding free liquids must not be placed in a landfill unless: § 265.311 [Reserved] (1) All free-standing liquid, § 265.312 Special requirements for ig- (i) has been removed by decanting, or nitable or reactive waste. other methods, (a) Except as provided in paragraph (ii) has been mixed with sorbent or (b) of this section, and in § 265.316, ig- solidified so that free-standing liquid is nitable or reactive waste must not be no longer observed; or placed in a landfill, unless the waste (iii) had been otherwise eliminated; and landfill meets all applicable re- or quirements of 40 CFR part 268, and: (2) The container is very small, such (1) The resulting waste, mixture, or as an ampule; or dissolution of material no longer meets (3) The container is designed to hold the definition of ignitable or reactive free liquids for use other than storage, waste under § 261.21 or § 261.23 of this such as a battery or capacitor; or chapter; and (4) The container is a lab pack as de- (2) Section 265.17(b) is complied with. fined in § 265.316 and is disposed of in (b) Except for prohibited wastes accordance with § 265.316. which remain subject to treatment (c) To demonstrate the absence or standards in subpart D of part 268, ig- presence of free liquids in either a con- nitable wastes in containers may be tainerized or a bulk waste, the fol- landfilled without meeting the require- lowing test must be used: Method 9095B ments of paragraph (a) of this section, (Paint Filter Liquids Test) as described provided that the wastes are disposed in ‘‘Test Methods for Evaluating Solid of in such a way that they are pro- Waste, Physical/Chemical Methods,’’ tected from any material or conditions EPA Publication SW–846, as incor- which may cause them to ignite. At a porated by reference in § 260.11 of this minimum, ignitable wastes must be chapter. disposed of in non-leaking containers (d) The date for compliance with which are carefully handled and placed paragraph (a) of this section is Novem- so as to avoid heat, sparks, rupture, or ber 19, 1981. The date for compliance any other condition that might cause with paragraph (c) of this section is ignition of the wastes; must be covered March 22, 1982. daily with soil or other non-combus- (e) Sorbents used to treat free liquids tible material to minimize the poten- to be disposed of in landfills must be tial for ignition of the wastes; and nonbiodegradable. Nonbiodegradable must not be disposed of in cells that sorbents are: materials listed or de- contain or will contain other wastes scribed in paragraph (e)(1) of this sec- which may generate heat sufficient to tion; materials that pass one of the cause ignition of the waste. tests in paragraph (e)(2) of this section; [47 FR 32368, July 26, 1982, as amended at 55 or materials that are determined by FR 22686, June 1, 1990; 71 FR 40276, July 14, EPA to be nonbiodegradable through 2006] the Part 260 petition process. (1) Nonbiodegradable sorbents. (i) In- § 265.313 Special requirements for in- organic minerals, other inorganic ma- compatible wastes. terials, and elemental carbon (e.g., Incompatible wastes, or incompatible aluminosilicates, clays, smectites, wastes and materials, (see appendix V Fuller’s earth, bentonite, calcium ben- for examples) must not be placed in the tonite, montmorillonite, calcined same landfill cell, unless § 265.17(b) is montmorillonite, kaolinite, micas complied with. (illite), vermiculites, zeolites; calcium
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carbonate (organic free limestone); ox- source of drinking water’’ (as that ides/hydroxides, alumina, lime, silica term is defined in 40 CFR 270.2). (sand), diatomaceous earth; perlite [45 FR 33232, May 19, 1980, as amended at 47 (volcanic glass); expanded volcanic FR 12318, Mar. 22, 1982; 47 FR 32369, July 26, rock; volcanic ash; cement kiln dust; 1982; 50 FR 18374, Apr. 30, 1985; 50 FR 28750, fly ash; rice hull ash; activated char- July 15, 1985; 51 FR 19177, May 28, 1986; 57 FR coal/activated carbon); or 54461, Nov. 18, 1992; 58 FR 46050, Aug. 31, 1993; (ii) High molecular weight synthetic 60 FR 35705, July 11, 1995; 70 FR 34585, June 14, 2005; 71 FR 16912, Apr. 4, 2006; 71 FR 40276, polymers (e.g., polyethylene, high den- July 14, 2006; 75 FR 13006, Mar. 18, 2010] sity polyethylene (HDPE), poly- propylene, polystyrene, polyurethane, § 265.315 Special requirements for con- polyacrylate, polynorborene, poly- tainers. isobutylene, ground synthetic rubber, Unless they are very small, such as cross-linked allylstyrene and tertiary an ampule, containers must be either: butyl copolymers). This does not in- (a) At least 90 percent full when clude polymers derived from biological placed in the landfill; or material or polymers specifically de- (b) Crushed, shredded, or similarly signed to be degradable; or reduced in volume to the maximum (iii) Mixtures of these nonbiodegrada- practical extent before burial in the ble materials. landfill. (2) Tests for nonbiodegradable [50 FR 16048, Apr. 23, 1985] sorbents. (i) The sorbent material is de- termined to be nonbiodegradable under § 265.316 Disposal of small containers ASTM Method G21–70 (1984a)—Standard of hazardous waste in overpacked drums (lab packs). Practice for Determining Resistance of Synthetic Polymer Materials to Fungi; Small containers of hazardous waste or in overpacked drums (lab packs) may (ii) The sorbent material is deter- be placed in a landfill if the following mined to be nonbiodegradable under requirements are met: (a) Hazardous waste must be pack- ASTM Method G22–76 (1984b)—Standard aged in non-leaking inside containers. Practice for Determining Resistance of The inside containers must be of a de- Plastics to Bacteria; or sign and constructed of a material that (iii) The sorbent material is deter- will not react dangerously with, be de- mined to be non-biodegradable under composed by, or be ignited by the OECD test 301B: [CO2 Evolution (Modi- waste held therein. Inside containers fied Sturm Test)]. must be tightly and securely sealed. (f) The placement of any liquid which The inside containers must be of the is not a hazardous waste in a landfill is size and type specified in the Depart- prohibited unless the owner or operator ment of Transportation (DOT) haz- of such landfill demonstrates to the ardous materials regulations (49 CFR Regional Administrator or the Re- parts 173, 178 and 179), if those regula- gional Administrator determines that: tions specify a particular inside con- (1) The only reasonably available al- tainer for the waste. ternative to the placement in such (b) The inside containers must be landfill is placement in a landfill or un- overpacked in an open head DOT-speci- lined surface impoundment, whether or fication metal shipping container (49 not permitted or operating under in- CFR parts 178 and 179) of no more than terim status, which contains, or may 416-liter (110 gallon) capacity and sur- reasonably be anticipated to contain, rounded by, at a minimum, a sufficient quantity of sorbent material, deter- hazardous waste; and mined to be nonbiodegradable in ac- (2) Placement in such owner or opera- cordance with § 265.314(e), to com- tor’s landfill will not present a risk of pletely sorb all of the liquid contents contamination of any ‘‘underground of the inside containers. The metal outer container must be full after it has been packed with inside containers and sorbent material.
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(c) The sorbent material used must the requirements of part 63, subpart not be capable of reacting dangerously EEE, of this chapter. with, being decomposed by, or being ig- (2) The MACT standards do not re- nited by the contents of the inside con- place the closure requirements of tainers in accordance with § 265.17(b). § 264.351 or the applicable requirements (d) Incompatible wastes, as defined in of subparts A through H, BB and CC of § 260.10 of this chapter, must not be this part. placed in the same outside container. (3) Section 265.345 generally prohib- (e) Reactive waste, other than iting burning of hazardous waste dur- cyanide- or sulfide-bearing waste as de- ing startup and shutdown remains in fined in § 261.23(a)(5) of this chapter, must be treated or rendered non-reac- effect if you elect to comply with tive prior to packaging in accordance § 270.235(b)(1)(i) of this chapter to mini- with paragraphs (a) through (d) of this mize emissions of toxic compounds section. Cyanide- and sulfide-bearing from startup and shutdown. reactive waste may be packaged in ac- (c) Owners and operators of inciner- cordance with paragraphs (a) through ators burning hazardous waste are ex- (d) of this section without first being empt from all of the requirements of treated or rendered non-reactive. this subpart, except § 265.351 (Closure), (f) Such disposal is in compliance provided that the owner or operator with the requirements of 40 CFR part has documented, in writing, that the 268. Persons who incinerate lab packs waste would not reasonably be ex- according to the requirements in 40 pected to contain any of the hazardous CFR 268.42(c)(1) may use fiber drums in constituents listed in part 261, appen- place of metal outer containers. Such dix VIII, of this chapter, and such doc- fiber drums must meet the DOT speci- umentation is retained at the facility, fications in 49 CFR 173.12 and be over- if the waste to be burned is: packed according to the requirements (1) Listed as a hazardous waste in in paragraph (b) of this section. part 261, subpart D, of this chapter [46 FR 56596, Nov. 17, 1981, as amended at 55 solely because it is ignitable (Hazard FR 22686, June 1, 1990; 57 FR 54461, Nov. 18, Code I), corrosive (Hazard Code C), or 1992; 71 FR 40276, July 14, 2006; 75 FR 13006, both; or Mar. 18, 2010] (2) Listed as a hazardous waste in part 261, subpart D, of this chapter Subpart O—Incinerators solely because it is reactive (Hazard Code R) for characteristics other than SOURCE: 46 FR 7680, Jan. 23, 1981, unless those listed in § 261.23(a) (4) and (5), and otherwise noted. will not be burned when other haz- § 265.340 Applicability. ardous wastes are present in the com- bustion zone; or (a) The regulations of this subpart (3) A hazardous waste solely because apply to owners and operators of haz- it possesses the characteristic of ignit- ardous waste incinerators (as defined ability, corrosivity, or both, as deter- in § 260.10 of this chapter), except as mined by the tests for characteristics § 265.1 provides otherwise. (b) Integration of the MACT standards. of hazardous wastes under part 261, (1) Except as provided by paragraphs subpart C, of this chapter; or (b)(2) and (b)(3) of this section, the (4) A hazardous waste solely because standards of this part no longer apply it possesses the reactivity characteris- when an owner or operator dem- tics described by § 261.23(a) (1), (2), (3), onstrates compliance with the max- (6), (7), or (8) of this chapter, and will imum achievable control technology not be burned when other hazardous (MACT) requirements of part 63, sub- wastes are present in the combustion part EEE, of this chapter by con- zone. ducting a comprehensive performance [47 FR 27533, June 24, 1982 and 50 FR 666, Jan. test and submitting to the Adminis- 4, 1985, as amended at 50 FR 49203, Nov. 29, trator a Notification of Compliance 1985; 56 FR 7208, Feb. 21, 1991; 64 FR 53075, under §§ 63.1207(j) and 63.1210(d) of this Sept. 30, 1999; 67 FR 6816, Feb. 13, 2002; 70 FR chapter documenting compliance with 59575, Oct. 12, 2005]
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§ 265.341 Waste analysis. (b) The complete incinerator and as- sociated equipment (pumps, valves, In addition to the waste analyses re- conveyors, pipes, etc.) must be in- quired by § 265.13, the owner or operator spected at least daily for leaks, spills, must sufficiently analyze any waste and fugitive emissions, and all emer- which he has not previously burned in gency shutdown controls and system his incinerator to enable him to estab- alarms must be checked to assure prop- lish steady state (normal) operating er operation. conditions (including waste and auxil- iary fuel feed and air flow) and to de- [46 FR 7678, Jan. 23, 1981, as amended at 47 termine the type of pollutants which FR 27533, June 24, 1982] might be emitted. At a minimum, the §§ 265.348–265.350 [Reserved] analysis must determine: (a) Heating value of the waste; § 265.351 Closure. (b) Halogen content and sulfur con- At closure, the owner or operator tent in the waste; and must remove all hazardous waste and (c) Concentrations in the waste of hazardous waste residues (including lead and mercury, unless the owner or but not limited to ash, scrubber operator has written, documented data waters, and scrubber sludges) from the that show that the element is not incinerator. present. [Comment: At closure, as throughout the op- [Comment: As required by § 265.73, the owner erating period, unless the owner or operator or operator must place the results from each can demonstrate, in accordance with waste analysis, or the documented informa- § 261.3(d) of this chapter, that the residue re- tion, in the operating record of the facility.] moved from his incinerator is not a haz- ardous waste, the owner or operator becomes §§ 265.342–265.344 [Reserved] a generator of hazardous waste and must manage it in accordance with all applicable § 265.345 General operating require- requirements of parts 262 through 266 of this ments. chapter.] During start-up and shut-down of an § 265.352 Interim status incinerators incinerator, the owner or operator burning particular hazardous must not feed hazardous waste unless wastes. the incinerator is at steady state (nor- (a) Owners or operators of inciner- mal) conditions of operation, including ators subject to this subpart may burn steady state operating temperature EPA Hazardous Wastes FO20, FO21, and air flow. FO22, FO23, FO26, or FO27 if they re- ceive a certification from the Assistant § 265.346 [Reserved] Administrator for Solid Waste and Emergency Response that they can § 265.347 Monitoring and inspections. meet the performance standards of sub- The owner or operator must conduct, part O of part 264 when they burn these as a minimum, the following moni- wastes. toring and inspections when incin- (b) The following standards and pro- erating hazardous waste: cedures will be used in determining (a) Existing instruments which relate whether to certify an incinerator: to combustion and emission control (1) The owner or operator will submit must be monitored at least every 15 an application to the Assistant Admin- minutes. Appropriate corrections to istrator for Solid Waste and Emer- maintain steady state combustion con- gency Response containing applicable ditions must be made immediately ei- information in §§ 270.19 and 270.62 dem- ther automatically or by the operator. onstrating that the incinerator can Instruments which relate to combus- meet the performance standards in sub- tion and emission control would nor- part O of part 264 when they burn these mally include those measuring waste wastes. feed, auxiliary fuel feed, air flow, in- (2) The Assistant Administrator for cinerator temperature, scrubber flow, Solid Waste and Emergency Response scrubber pH, and relevant level will issue a tentative decision as to controls. whether the incinerator can meet the
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performance standards in subpart O of § 265.374 [Reserved] part 264. Notification of this tentative decision will be provided by newspaper § 265.375 Waste analysis. advertisement and radio broadcast in In addition to the waste analyses re- the jurisdiction where the incinerator quired by § 265.13, the owner or operator is located. The Assistant Adminis- must sufficiently analyze any waste trator for Solid Waste and Emergency which he has not previously treated in Response will accept comment on the his thermal process to enable him to tentative decision for 60 days. The As- establish steady state (normal) or sistant Administrator for Solid Waste other appropriate (for a non-contin- and Emergency Response also may uous process) operating conditions (in- hold a public hearing upon request or cluding waste and auxiliary fuel feed) at his discretion. and to determine the type of pollutants (3) After the close of the public com- which might be emitted. At a min- ment period, the Assistant Adminis- imum, the analysis must determine: trator for Solid Waste and Emergency (a) Heating value of the waste; Response will issue a decision whether (b) Halogen content and sulfur con- or not to certify the incinerator. tent in the waste; and (c) Concentrations in the waste of [50 FR 2005, Jan. 14, 1985] lead and mercury, unless the owner or operator has written, documented data §§ 265.353–265.369 [Reserved] that show that the element is not present. Subpart P—Thermal Treatment [Comment: As required by § 265.73, the owner § 265.370 Other thermal treatment. or operator must place the results from each waste analysis, or the documented informa- The regulations in this subpart apply tion, in the operating record of the facility.] to owners or operators of facilities that thermally treat hazardous waste in de- § 265.376 [Reserved] vices other than enclosed devices using § 265.377 Monitoring and inspections. controlled flame combustion, except as § 265.1 provides otherwise. Thermal (a) The owner or operator must con- treatment in enclosed devices using duct, as a minimum, the following controlled flame combustion is subject monitoring and inspections when ther- to the requirements of subpart O if the mally treating hazardous waste: unit is an incinerator, and subpart H of (1) Existing instruments which relate part 266, if the unit is a boiler or an in- to temperature and emission control (if dustrial furnace as defined in § 260.10. an emission control device is present) must be monitored at least every 15 [50 FR 666, Jan. 4, 1985, as amended at 56 FR minutes. Appropriate corrections to 32692, July 17, 1991] maintain steady state or other appro- priate thermal treatment conditions §§ 265.371–265.372 [Reserved] must be made immediately either automatically or by the operator. In- § 265.373 General operating require- struments which relate to temperature ments. and emission control would normally Before adding hazardous waste, the include those measuring waste feed, owner or operator must bring his ther- auxiliary fuel feed, treatment process mal treatment process to steady state temperature, and relevant process flow (normal) conditions of operation—in- and level controls. cluding steady state operating tem- (2) The stack plume (emissions), perature—using auxiliary fuel or other where present, must be observed vis- means, unless the process is a non-con- ually at least hourly for normal ap- tinuous (batch) thermal treatment pearance (color and opacity). The oper- process which requires a complete ther- ator must immediately make any indi- mal cycle to treat a discrete quantity cated operating corrections necessary of hazardous waste. to return any visible emissions to their normal appearance.
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(3) The complete thermal treatment § 265.383 Interim status thermal treat- process and associated equipment ment devices burning particular (pumps, valves, conveyors, pipes, etc.) hazardous waste. must be inspected at least daily for (a) Owners or operators of thermal leaks, spills, and fugitive emissions, treatment devices subject to this sub- and all emergency shutdown controls part may burn EPA Hazardous Wastes and system alarms must be checked to FO20, FO21, FO22, FO23, FO26, or FO27 assure proper operation. if they receive a certification from the (b) [Reserved] Assistant Administrator for Solid Waste and Emergency Response that §§ 265.378–265.380 [Reserved] they can meet the performance stand- ards of subpart O of part 264 when they § 265.381 Closure. burn these wastes. At closure, the owner or operator (b) The following standards and pro- must remove all hazardous waste and cedures will be used in determining whether to certify a thermal treatment hazardous waste residues (including, unit: but not limited to, ash) from the ther- (1) The owner or operator will submit mal treatment process or equipment. an application to the Assistant Admin- [Comment: At closure, as throughout the op- istrator for Solid Waste and Emer- erating period, unless the owner or operator gency Response containing the applica- can demonstrate, in accordance with § 261.3 ble information in §§ 270.19 and 270.62 (c) or (d) of this chapter, that any solid demonstrating that the thermal treat- waste removed from his thermal treatment ment unit can meet the performance process or equipment is not a hazardous standard in subpart O of part 264 when waste, the owner or operator becomes a they burn these wastes. generator of hazardous waste and must man- (2) The Assistant Administrator for age it in accordance with all applicable re- Solid Waste and Emergency Response quirements of parts 262, 263, and 265 of this will issue a tentative decision as to chapter.] whether the thermal treatment unit § 265.382 Open burning; waste explo- can meet the performance standards in sives. subpart O of part 264. Notification of this tentative decision will be provided Open burning of hazardous waste is by newspaper advertisement and radio prohibited except for the open burning broadcast in the jurisdiction where the and detonation of waste explosives. thermal treatment device is located. Waste explosives include waste which The Assistant Administrator for Solid has the potential to detonate and bulk Waste and Emergency Response will military propellants which cannot safe- accept comment on the tentative deci- ly be disposed of through other modes sion for 60 days. The Assistant Admin- of treatment. Detonation is an explo- istrator for Solid Waste and Emergen- sion in which chemical transformation cy Response also may hold a public passes through the material faster hearing upon request or at his discre- than the speed of sound (0.33 kilo- tion. meters/second at sea level). Owners or (3) After the close of the public com- operators choosing to open burn or det- ment period, the Assistant Adminis- onate waste explosives must do so in trator for Solid Waste and Emergency accordance with the following table Response will issue a decision whether and in a manner that does not threaten or not to certify the thermal treatment human health or the environment. unit. [50 FR 2005, Jan. 14, 1985] Minimum distance from open Pounds of waste explosives burning or detonation to the or propellants property of others Subpart Q—Chemical, Physical, 0 to 100 ...... 204 meters (670 feet). and Biological Treatment 101 to 1,000 ...... 380 meters (1,250 feet). 1,001 to 10,000 ...... 530 meters (1,730 feet). § 265.400 Applicability. 10,001 to 30,000 ...... 690 meters (2,260 feet). The regulations in this subpart apply to owners and operators of facilities
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which treat hazardous wastes by chem- to show that this proposed treatment ical, physical, or biological methods in will meet all applicable requirements other than tanks, surface impound- of § 265.401 (a) and (b). ments, and land treatment facilities, [(b) [Reserved] except as § 265.1 provides otherwise. [Comment: As required by § 265.13, the waste Chemical, physical, and biological analysis plan must include analyses needed treatment of hazardous waste in tanks, to comply with §§ 265.405 and 265.406. As re- surface impoundments, and land treat- quired by § 265.73, the owner or operator must ment facilities must be conducted in place the results from each waste analysis accordance with subparts J, K, and M, and trial test, or the documented informa- respectively. tion, in the operating record of the facility.]
§ 265.401 General operating require- § 265.403 Inspections. ments. (a) The owner or operator of a treat- (a) Chemical, physical, or biological ment facility must inspect, where treatment of hazardous waste must present: comply with § 265.17(b). (1) Discharge control and safety equipment (e.g., waste feed cut-off sys- (b) Hazardous wastes or treatment tems, by-pass systems, drainage sys- reagents must not be placed in the tems, and pressure relief systems) at treatment process or equipment if they least once each operating day, to en- could cause the treatment process or sure that it is in good working order; equipment to rupture, leak, corrode, or (2) Data gathered from monitoring otherwise fail before the end of its in- equipment (e.g., pressure and tempera- tended life. ture gauges), at least once each oper- (c) Where hazardous waste is continu- ating day, to ensure that the treat- ously fed into a treatment process or ment process or equipment is being op- equipment, the process or equipment erated according to its design; must be equipped with a means to stop (3) The construction materials of the this inflow (e.g., a waste feed cut-off treatment process or equipment, at system or by-pass system to a standby least weekly, to detect corrosion or containment device). leaking of fixtures or seams; and [Comment: These systems are intended to be (4) The construction materials of, used in the event of a malfunction in the and the area immediately surrounding, treatment process or equipment.] discharge confinement structures (e.g., dikes), at least weekly, to detect ero- § 265.402 Waste analysis and trial tests. sion or obvious signs of leakage (e.g., (a) In addition to the waste analysis wet spots or dead vegetation). required by § 265.13, whenever: (b) [Reserved] (1) A hazardous waste which is sub- [Comment: As required by § 265.15(c), the stantially different from waste pre- owner or operator must remedy any deterio- viously treated in a treatment process ration or malfunction he finds.] or equipment at the facility is to be treated in that process or equipment, § 265.404 Closure. or At closure, all hazardous waste and (2) A substantially different process hazardous waste residues must be re- than any previously used at the facil- moved from treatment processes or ity is to be used to chemically treat equipment, discharge control equip- hazardous waste; ment, and discharge confinement the owner or operator must, before structures. treating the different waste or using [Comment: At closure, as throughout the op- the different process or equipment: erating period, unless the owner or operator (i) Conduct waste analyses and trial can demonstrate, in accordance with § 261.3 treatment tests (e.g., bench scale or (c) or (d) of this chapter, that any solid pilot plant scale tests); or waste removed from his treatment process or equipment is not a hazardous waste, the (ii) Obtain written, documented in- owner or operator becomes a generator of formation on similar treatment of hazardous waste and must manage it in ac- similar waste under similar operating cordance with all applicable requirements of conditions; parts 262, 263, and 265 of this chapter.]
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§ 265.405 Special requirements for ig- tions are reserved at this time. The Agency nitable or reactive waste. will propose regulations that would establish those requirements.] (a) Ignitable or reactive waste must not be placed in a treatment process or [45 FR 33232, May 19, 1980, as amended at 48 FR 30115, June 30, 1983] equipment unless: (1) The waste is treated, rendered, or mixed before or immediately after Subparts S–V [Reserved] placement in the treatment process or equipment so that (i) the resulting Subpart W—Drip Pads waste, mixture, or dissolution of mate- rial no longer meets the definition of SOURCE: 55 FR 50486, Dec. 6, 1990, unless ignitable or reactive waste under otherwise noted. § 261.21 or 261.23 of this chapter, and (ii) § 265.17(b) is complied with; or § 265.440 Applicability. (2) The waste is treated in such a way (a) The requirements of this subpart that it is protected from any material apply to owners and operators of facili- or conditions which may cause the ties that use new or existing drip pads waste to ignite or react. to convey treated wood drippage, pre- (b) [Reserved] cipitation, and/or surface water run-off to an associated collection system. Ex- [45 FR 33232, May 19, 1980, asamended at 71 isting drip pads are those constructed FR 40276, July 14, 2006] before December 6, 1990 and those for § 265.406 Special requirements for in- which the owner or operator has a de- compatible wastes. sign and has entered into binding fi- nancial or other agreements for con- (a) Incompatible wastes, or incom- struction prior to December 6, 1990. All patible wastes and materials, (see ap- other drip pads are new drip pads. The pendix V for examples) must not be requirement at § 265.443(b)(3) to install placed in the same treatment process a leak collection system applies only or equipment, unless § 265.17(b) is com- to those drip pads that are constructed plied with. after December 24, 1992 except for those (b) Hazardous waste must not be constructed after December 24, 1992 for placed in unwashed treatment equip- which the owner or operator has a de- ment which previously held an incom- sign and has entered into binding fi- patible waste or material, unless nancial or other agreements for con- § 265.17(b) is complied with. struction prior to December 24, 1992. (b) The owner or operator of any drip Subpart R—Underground Injection pad that is inside or under a structure that provides protection from precipi- § 265.430 Applicability. tation so that neither run-off nor run- Except as § 265.1 provides otherwise: on is generated is not subject to regu- (a) The owner or operator of a facil- lation under § 265.443(e) or § 265.443(f), as ity which disposes of hazardous waste appropriate. by underground injection is excluded (c) The requirements of this subpart from the requirements of subparts G are not applicable to the management and H of this part. of infrequent and incidental drippage (b) The requirements of this subpart in storage yards provided that: apply to owners and operators of wells (1) The owner or operator maintains used to dispose of hazardous waste and complies with a written contin- which are classified as Class I under gency plan that describes how the § 144.6(a) of this chapter and which are owner or operator will respond imme- classified as Class IV under § 144.6(d) of diately to the discharge of such infre- this chapter. quent and incidental drippage. At a minimum, the contingency plan must [Comment: In addition to the requirements of subparts A through E of this part, the owner describe how the facility will do the or operator of a facility which disposes of following: hazardous waste by underground injection (i) Clean up the drippage; ultimately must comply with the require- (ii) Document the cleanup of the ments of §§ 265.431 through 265.437. These sec- drippage;
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(iii) Retain documents regarding (d) If the drip pad is found to be leak- cleanup for three years; and ing or unfit for use, the owner or oper- (iv) Manage the contaminated media ator must comply with the provisions in a manner consistent with Federal of § 265.443(m) of this subpart or close regulations. the drip pad in accordance with § 265.445 of this subpart. [55 FR 50486, Dec. 6, 1990, as amended at 56 FR 30198, July 1, 1991; 57 FR 61503, Dec. 24, [55 FR 50486, Dec. 6, 1990, as amended at 57 1992] FR 61504, Dec. 24, 1992; 71 FR 16912, Apr. 4, 2006; 71 FR 40276, July 14, 2006] § 265.441 Assessment of existing drip pad integrity. § 265.442 Design and installation of new drip pads. (a) For each existing drip pad as de- Owners and operators of new drip fined in § 265.440, the owner or operator pads must ensure that the pads are de- must evaluate the drip pad and deter- signed, installed, and operated in ac- mine that it meets all of the require- cordance with one of the following: ments of this subpart, except the re- (a) All of the applicable requirements quirements for liners and leak detec- of §§ 265.443 (except § 265.443(a)(4)), tion systems of § 265.443(b). No later 265.444 and 265.445 of this subpart, or than the effective date of this rule, the (b) All of the applicable requirements owner or operator must obtain and of §§ 265.443 (except § 265.443(b)), 265.444 keep on file at the facility a written as- and 265.445 of this subpart. sessment of the drip pad, reviewed and certified by a qualified Professional [57 FR 61504, Dec. 24, 1992] Engineer that attests to the results of § 265.443 Design and operating re- the evaluation. The assessment must quirements. be reviewed, updated, and re-certified (a) Drip pads must: annually until all upgrades, repairs, or (1) Be constructed of non-earthen ma- modifications necessary to achieve terials, excluding wood and non-struc- compliance with all the standards of turally supported asphalt; § 265.443 are complete. The evaluation (2) Be sloped to free-drain treated must document the extent to which the wood drippage, rain and other waters, drip pad meets each of the design and or solutions of drippage and water or operating standards of § 265.443, except other wastes to the associated collec- the standards for liners and leak detec- tion system; tion systems, specified in § 265.443(b). (3) Have a curb or berm around the (b) The owner or operator must de- perimeter; velop a written plan for upgrading, re- (4)(i) Have a hydraulic conductivity pairing, and modifying the drip pad to of less than or equal to 1×10¥7 centi- meet the requirements of § 265.443(b), meters per second, e.g., existing con- and submit the plan to the Regional crete drip pads must be sealed, coated, Administrator no later than 2 years be- or covered with a surface material with fore the date that all repairs, upgrades, a hydraulic conductivity of less than or and modifications are complete. This equal to 1×10¥7 centimeters per second written plan must describe all changes such that the entire surface where to be made to the drip pad in sufficient drippage occurs or may run across is detail to document compliance with all capable of containing such drippage the requirements of § 265.443. The plan and mixtures of drippage and precipita- must be reviewed and certified by a tion, materials, or other wastes while qualified Professional Engineer. being routed to an associated collec- (c) Upon completion of all repairs tion system. This surface material and modifications, the owner or oper- must be maintained free of cracks and ator must submit to the Regional Ad- gaps that could adversely affect its hy- ministrator or State Director, the as- draulic conductivity, and the material built drawings for the drip pad to- must be chemically compatible with gether with a certification by a quali- the preservatives that contact the drip fied Professional Engineer attesting pad. The requirements of this provision that the drip pad conforms to the draw- apply only to existing drip pads and ings. those drip pads for which the owner or
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operator elects to comply with liner and resistance to pressure gra- § 265.442(b) instead of § 265.442(a). dients above and below the liner to pre- (ii) The owner or operator must ob- vent failure of the liner due to settle- tain and keep on file at the facility a ment, compression or uplift; and written assessment of the drip pad, re- (iii) Installed to cover all sur- viewed and certified by a qualified Pro- rounding earth that could come in con- fessional Engineer that attests to the tact with the waste or leakage; and results of the evaluation. The assess- (2) A leakage detection system imme- ment must be reviewed, updated and diately above the liner that is de- recertified annually. The evaluation signed, constructed, maintained and must document the extent to which the operated to detect leakage from the drip pad meets the design and oper- drip pad. The leakage detection system ating standards of this section, except must be: for paragraph (b) of this section. (i) Constructed of materials that are: (5) Be of sufficient structural (A) Chemically resistant to the waste strength and thickness to prevent fail- managed in the drip pad and the leak- ure due to physical contact, climatic age that might be generated; and conditions, the stress of installation, (B) Of sufficient strength and thick- and the stress of daily operations, e.g., ness to prevent collapse under the pres- variable and moving loads such as vehi- sures exerted by overlaying materials cle traffic, movement of wood, etc. and by any equipment used at the drip pad; and NOTE: EPA will generally consider applica- (ii) Designed and operated to func- ble standards established by professional or- tion without clogging through the ganizations generally recognized by industry such as the American Concrete Institute scheduled closure of the drip pad. (ACI) and the American Society of Testing (iii) Designed so that it will detect Materials (ASTM) in judging the structural the failure of the drip pad or the pres- integrity requirement of this paragraph. ence of a release of hazardous waste or accumulated liquid at the earliest (b) If an owner/operator elects to practicable time. comply with § 265.442(a) instead of (3) A leakage collection system im- § 265.442(b), the drip pad must have: mediately above the liner that is de- (1) A synthetic liner installed below signed, constructed, maintained and the drip pad that is designed, con- operated to collect leakage from the structed, and installed to prevent leak- drip pad such that it can be removed age from the drip pad into the adjacent from below the drip pad. The date, subsurface soil or groundwater or sur- time, and quantity of any leakage col- face water at any time during the ac- lected in this system and removed tive life (including the closure period) must be documented in the operating of the drip pad. The liner must be con- log. structed of materials that will prevent (c) Drip pads must be maintained waste from being absorbed into the such that they remain free of cracks, liner and prevent releases into the ad- gaps, corrosion, or other deterioration jacent subsurface soil or ground water that could cause hazardous waste to be or surface water during the active life released from the drip pad. of the facility. The liner must be: (i) Constructed of materials that NOTE: See § 265.443(m) for remedial action have appropriate chemical properties required if deterioration or leakage is and sufficient strength and thickness detected. to prevent failure due to pressure gra- (d) The drip pad and associated col- dients (including static head and exter- lection system must be designed and nal hydrogeologic forces), physical con- operated to convey, drain, and collect tact with the waste or drip pad leakage liquid resulting from drippage or pre- to which they are exposed, climatic cipitation in order to prevent run-off. conditions, the stress of installation, (e) Unless protected by a structure, and the stress of daily operation (in- as described in § 265.440(b) of this sub- cluding stresses from vehicular traffic part, the owner or operator must de- on the drip pad); sign, construct, operate and maintain a (ii) Placed upon a foundation or base run-on control system capable of pre- capable of providing support to the venting flow onto the drip pad during
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peak discharge from at least a 24-hour, (l) Collection and holding units asso- 25-year storm unless the system has ciated with run-on and run-off control sufficient excess capacity to contain systems must be emptied or otherwise any run-on that might enter the sys- managed as soon as possible after tem, or the drip pad is protected by a storms to maintain design capacity of structure or cover, as described in the system. § 265.440(b) of this subpart. (m) Throughout the active life of the (f) Unless protected by a structure or drip pad, if the owner or operator de- cover, as described in § 265.440(b) of this tects a condition that may have caused subpart, the owner or operator must or has caused a release of hazardous design, construct, operate and main- waste, the condition must be repaired tain a run-off management system to within a reasonably prompt period of collect and control at least the water time following discovery, in accord- volume resulting from a 24-hour, 25- ance with the following procedures: year storm. (1) Upon detection of a condition that (g) The drip pad must be evaluated to may have caused or has caused a re- determine that it meets the require- lease of hazardous waste (e.g., upon de- ments of paragraphs (a) through (f) of tection of leakage by the leak detec- this section and the owner or operator tion system), the owner or operator must obtain a statement from a quali- must: fied Professional Engineer certifying (i) Enter a record of the discovery in that the drip pad design meets the re- the facility operating log; quirements of this section. (h) Drippage and accumulated pre- (ii) Immediately remove the portion cipitation must be removed from the of the drip pad affected by the condi- associated collection system as nec- tion from service; essary to prevent overflow onto the (iii) Determine what steps must be drip pad. taken to repair the drip pad, remove (i) The drip pad surface must be any leakage from below the drip pad, cleaned thoroughly in a manner and and establish a schedule for accom- frequency such that accumulated resi- plishing the clean up and repairs; dues of hazardous waste or other mate- (iv) Within 24 hours after discovery of rials are removed, with residues being the condition, notify the Regional Ad- properly managed as hazardous waste, ministrator of the condition and, with- so as to allow weekly inspections of the in 10 working days, provide a written entire drip pad surface without inter- notice to the Regional Administrator ference or hindrance from accumulated with a description of the steps that will residues of hazardous waste or other be taken to repair the drip pad, and materials on the drip pad. The owner clean up any leakage, and the schedule or operator must document the date for accomplishing this work. and time of each cleaning and the (2) The Regional Administrator will cleaning procedure used in the facili- review the information submitted, ty’s operating log. make a determination regarding (j) Drip pads must be operated and whether the pad must be removed from maintained in a manner to minimize service completely or partially until tracking of hazardous waste or haz- repairs and clean up are complete, and ardous waste constituents off the drip notify the owner or operator of the de- pad as a result of activities by per- termination and the underlying ration- sonnel or equipment. ale in writing. (k) After being removed from the (3) Upon completing all repairs and treatment vessel, treated wood from clean up, the owner or operator must pressure and non-pressure processes notify the Regional Administrator in must be held on the drip pad until writing and provide a certification, drippage has ceased. The owner or signed by an independent qualified, operator must maintain records suffi- registered professional engineer, that cient to document that all treated the repairs and clean up have been wood is held on the pad following completed according to the written treatment in accordance with this re- plan submitted in accordance with quirement. paragraph (m)(1)(iv) of this section.
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(n) The owner or operator must with waste and leakage, and manage maintain, as part of the facility oper- them as hazardous waste. ating log, documentation of past oper- (b) If, after removing or decontami- ating and waste handling practices. nating all residues and making all rea- This must include identification of pre- sonable efforts to effect removal or de- servative formulations used in the contamination of contaminated compo- past, a description of drippage manage- nents, subsoils, structures, and equip- ment practices, and a description of ment as required in paragraph (a) of treated wood storage and handling this section, the owner or operator practices. finds that not all contaminated sub- soils can be practically removed or de- [55 FR 50486, Dec. 6, 1990, as amended at 56 FR 30198, July 1, 1991; 57 FR 5861, Feb. 18, contaminated, he must close the facil- 1992; 57 FR 61504, Dec. 24, 1992; 71 FR 16912, ity and perform post-closure care in ac- Apr. 4, 2006; 71 FR 40276, July 14, 2006] cordance with closure and post-closure care requirements that apply to land- § 265.444 Inspections. fills (§ 265.310). For permitted units, the (a) During construction or installa- requirement to have a permit con- tion, liners and cover systems (e.g., tinues throughout the post-closure pe- membranes, sheets, or coatings) must riod. be inspected for uniformity, damage (c)(1) The owner or operator of an ex- and imperfections (e.g., holes, cracks, isting drip pad, as defined in § 265.440 of thin spots, or foreign materials). Im- this subpart, that does not comply with mediately after construction or instal- the liner requirements of § 265.443(b)(1) lation, liners must be inspected and must: certified as meeting the requirements (i) Include in the closure plan for the of § 265.443 by a qualified Professional drip pad under § 265.112 both a plan for Engineer. This certification must be complying with paragraph (a) of this maintained at the facility as part of section and a contingent plan for com- the facility operating record. After in- plying with paragraph (b) of this sec- stallation, liners and covers must be tion in case not all contaminated sub- inspected to ensure tight seams and soils can be practicably removed at joints and the absence of tears, punc- closure; and tures, or blisters. (ii) Prepare a contingent post-closure (b) While a drip pad is in operation, it plan under § 265.118 of this part for com- must be inspected weekly and after plying with paragraph (b) of this sec- storms to detect evidence of any of the tion in case not all contaminated sub- following: soils can be practicably removed at (1) Deterioration, malfunctions or closure. improper operation of run-on and run- (2) The cost estimates calculated off control systems; under §§ 265.112 and 265.144 of this part (2) The presence of leakage in and for closure and post-closure care of a proper functioning of leakage detection drip pad subject to this paragraph must system. include the cost of complying with the (3) Deterioration or cracking of the contingent closure plan and the contin- drip pad surface. gent post-closure plan, but are not re- quired to include the cost of expected NOTE: See § 265.443(m) for remedial action closure under paragraph (a) of this required if deterioration or leakage is section. detected. [55 FR 50486, Dec. 6, 1990, as amended at 71 [55 FR 50486, Dec. 6, 1990, as amended at 71 FR 40276, July 14, 2006] FR 16912, Apr. 4, 2006]
§ 265.445 Closure. Subparts X–Z [Reserved] (a) At closure, the owner or operator must remove or decontaminate all Subpart AA—Air Emission waste residues, contaminated contain- Standards for Process Vents ment system components (pad, liners, etc.), contaminated subsoils, and struc- SOURCE: 55 FR 25507, June 21, 1990, unless tures and equipment contaminated otherwise noted.
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§ 265.1030 Applicability. to this subpart are equipped with and operating air emission controls in ac- (a) The regulations in this subpart cordance with the process vent require- apply to owners and operators of facili- ments of an applicable Clean Air Act ties that treat, store, or dispose of haz- regulation codified under 40 CFR part ardous wastes (except as provided in 60, part 61, or part 63. The documenta- § 265.1). tion of compliance under regulations at (b) Except for §§ 265.1034, paragraphs 40 CFR part 60, part 61, or part 63 shall (d) and (e), this subpart applies to proc- be kept with, or made readily available ess vents associated with distillation, with, the facility operating record. fractionation, thin-film evaporation, solvent extraction, or air or steam [55 FR 25507, June 21, 1990, as amended at 56 stripping operations that manage haz- FR 19290, Apr. 26, 1991; 61 FR 59968, Nov. 25, ardous wastes with organic concentra- 1996; 62 FR 52642, Oct. 8, 1997; 62 FR 64661, Dec. 8, 1997] tions of at least 10 ppmw, if these oper- ations are conducted in one of the fol- § 265.1031 Definitions. lowing: As used in this subpart, all terms (1) A unit that is subject to the per- shall have the meaning given them in mitting requirements of 40 CFR part § 264.1031, the Act, and parts 260–266. 270, or (2) A unit (including a hazardous § 265.1032 Standards: Process vents. waste recycling unit) that is not ex- (a) The owner or operator of a facil- empt from permitting under the provi- ity with process vents associated with sions of 40 CFR 262.34(a) (i.e., a haz- distillation, fractionation, thin-film ardous waste recycling unit that is not evaporation, solvent extraction or air a 90-day tank or container) and that is or steam stripping operations man- located at a hazardous waste manage- aging hazardous wastes with organic ment facility otherwise subject to the concentrations at least 10 ppmw shall permitting requirements of 40 CFR either: part 270, or (1) Reduce total organic emissions (3) A unit that is exempt from per- from all affected process vents at the mitting under the provisions of 40 CFR facility below 1.4 kg/h (3 lb/h) and 2.8 262.34(a) (i.e., a ‘‘90-day’’ tank or con- Mg/yr (3.1 tons/yr), or tainer) and is not a recycling unit (2) Reduce, by use of a control device, under the requirements of 40 CFR 261.6. total organic emissions from all af- NOTE: The requirements of §§ 265.1032 fected process vents at the facility by through 265.1036 apply to process vents on 95 weight percent. hazardous waste recycling units previously (b) If the owner or operator installs a exempt under paragraph 261.6(c)(1). Other ex- closed-vent system and control device emptions under §§ 261.4, and 265.1(c) are not to comply with the provisions of para- affected by these requirements.] graph (a) of this section, the closed- (c) The requirements of this subpart vent system and control device must do not apply to the pharmaceutical meet the requirements of § 265.1033. manufacturing facility, commonly re- (c) Determinations of vent emissions ferred to as the Stonewall Plant, lo- and emission reductions or total or- cated at Route 340 South, Elkton, Vir- ganic compound concentrations ginia, provided that facility is operated achieved by add-on control devices in compliance with the requirements may be based on engineering calcula- contained in a Clean Air Act permit tions or performance tests. If perform- issued pursuant to 40 CFR 52.2454. The ance tests are used to determine vent requirements of this subpart shall emissions, emission reductions, or apply to the facility upon termination total organic compound concentrations of the Clean Air Act permit issued pur- achieved by add-on control devices, the suant to 40 CFR 52.2454. performance tests must conform with (d) The requirements of this subpart the requirements of § 265.1034(c). do not apply to the process vents at a (d) When an owner or operator and facility where the facility owner or op- the Regional Administrator do not erator certifies that all of the process agree on determinations of vent emis- vents that would otherwise be subject sions and/or emission reductions or
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total organic compound concentrations ance of any testing to demonstrate achieved by add-on control devices that the installed equipment meets the based on engineering calculations, the applicable standards of this subpart. test methods in § 265.1034(c) shall be The owner or operator shall enter the used to resolve the disagreement. implementation schedule in the oper- ating record or in a permanent, readily § 265.1033 Standards: Closed-vent sys- available file located at the facility. tems and control devices. (iv) Owners and operators of facilities (a)(1) Owners or operators of closed- and units that become newly subject to vent systems and control devices used the requirements of this subpart after to comply with provisions of this part December 8, 1997, due to an action shall comply with the provisions of other than those described in para- this section. graph (a)(2)(iii) of this section must (2)(i) The owner or operator of an ex- comply with all applicable require- isting facility who cannot install a ments immediately (i.e., must have closed-vent system and control device control devices installed and operating to comply with the provisions of this on the date the facility or unit be- subpart on the effective date that the comes subject to this subpart; the 30- facility becomes subject to the require- month implementation schedule does ments of this subpart must prepare an not apply). implementation schedule that includes (b) A control device involving vapor dates by which the closed-vent system recovery (e.g., a condenser or adsorber) and control device will be installed and shall be designed and operated to re- in operation. The controls must be in- cover the organic vapors vented to it stalled as soon as possible, but the im- with an efficiency of 95 weight percent plementation schedule may allow up to or greater unless the total organic 30 months after the effective date that emission limits of § 265.1032(a)(1) for all the facility becomes subject to this affected process vents can be attained subpart for installation and startup. at an efficiency less than 95 weight per- (ii) Any unit that begins operation cent. after December 21, 1990, and is subject to the requirements of this subpart (c) An enclosed combustion device when operation begins, must comply (e.g., a vapor incinerator, boiler, or with the rules immediately (i.e., must process heater) shall be designed and have control devices installed and op- operated to reduce the organic emis- erating on startup of the affected unit); sions vented to it by 95 weight percent the 30-month implementation schedule or greater; to achieve a total organic does not apply. compound concentration of 20 ppmv, (iii) The owner or operator of any fa- expressed as the sum of the actual cility in existence on the effective date compounds, not carbon equivalents, on of a statutory or EPA regulatory a dry basis corrected to 3 percent oxy- amendment that renders the facility gen; or to provide a minimum resi- subject to this subpart shall comply dence time of 0.50 seconds at a min- with all requirements of this subpart imum temperature of 760 °C. If a boiler as soon as practicable but no later than or process heater is used as the control 30 months after the amendment’s effec- device, then the vent stream shall be tive date. When control equipment re- introduced into the flame combustion quired by this subpart can not be in- zone of the boiler or process heater. stalled and begin operation by the ef- (d)(1) A flare shall be designed for and fective date of the amendment, the fa- operated with no visible emissions as cility owner or operator shall prepare determined by the methods specified in an implementation schedule that in- paragraph (e)(1) of this section, except cludes the following information: Spe- for periods not to exceed a total of 5 cific calendar dates for award of con- minutes during any 2 consecutive tracts or issuance of purchase orders hours. for the control equipment, initiation of (2) A flare shall be operated with a on-site installation of the control flame present at all times, as deter- equipment, completion of the control mined by the methods specified in equipment installation, and perform- paragraph (f)(2)(iii) of this section.
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(3) A flare shall be used only if the HT=Net heating value of the sample, MJ/scm; net heating value of the gas being com- where the net enthalpy per mole of offgas busted is 11.2 MJ/scm (300 Btu/scf) or is based on combustion at 25 °C and 760 greater, if the flare is steam-assisted or mm Hg, but the standard temperature for determining the volume cor- air-assisted; or if the net heating value responding to 1 mol is 20 °C; of the gas being combusted is 7.45 MJ/ K=Constant, 1.74×10¥7 (1/ppm) (g mol/scm) scm (200 Btu/scf) or greater if the flare (MJ/kcal) where standard temperature is nonassisted. The net heating value of for (g mol/scm) is 20 °C;
the gas being combusted shall be deter- Ci=Concentration of sample component i in mined by the methods specified in ppm on a wet basis, as measured for paragraph (e)(2) of this section. organics by Reference Method 18 in 40 (4)(i) A steam-assisted or nonassisted CFR part 60 and measured for hydrogen flare shall be designed for and operated and carbon monoxide by ASTM D 1946–82 with an exit velocity, as determined by (incorporated by reference as specified in § 260.11); and the methods specified in paragraph Hi=Net heat of combustion of sample compo- (e)(3) of this section, of less than 18.3 nent i, kcal/g mol at 25 °C and 760 mm m/s (60 ft/s), except as provided in para- Hg. The heats of combustion may be de- graphs (d)(4) (ii) and (iii) of this sec- termined using ASTM D 2382–83 (incor- tion. porated by reference as specified in (ii) A steam-assisted or nonassisted § 260.11) if published values are not avail- flare designed for and operated with an able or cannot be calculated. exit velocity, as determined by the (3) The actual exit velocity of a flare methods specified in paragraph (e)(3) of shall be determined by dividing the this section, equal to or greater than volumetric flow rate (in units of stand- 18.3 m/s (60 ft/s) but less than 122 m/s ard temperature and pressure), as de- (400 ft/s) is allowed if the net heating termined by Reference Methods 2, 2A, value of the gas being combusted is 2C, or 2D in 40 CFR part 60 as appro- greater than 37.3 MJ/scm (1,000 Btu/scf). priate, by the unobstructed (free) (iii) A steam-assisted or nonassisted cross-sectional area of the flare tip. flare designed for and operated with an (4) The maximum allowed velocity in exit velocity, as determined by the m/s, V , for a flare complying with methods specified in paragraph (e)(3) of max paragraph (d)(4)(iii) of this section this section, less than the velocity, shall be determined by the following V , as determined by the method max equation: specified in paragraph (e)(4) of this sec- tion, and less than 122 m/s (400 ft/s) is Log10(Vmax)=(HT+28.8)/31.7 allowed. (5) An air-assisted flare shall be de- where: signed and operated with an exit veloc- HT=The net heating value as determined in paragraph (e)(2) of this section. ity less than the velocity, Vmax, as de- termined by the method specified in 28.8=Constant, 31.7=Constant. paragraph (e)(5) of this section. (6) A flare used to comply with this (5) The maximum allowed velocity in section shall be steam-assisted, air-as- m/s, Vmax, for an air-assisted flare shall sisted, or nonassisted. be determined by the following (e)(1) Reference Method 22 in 40 CFR equation: part 60 shall be used to determine the V = 8.706 + 0.7084 (H ) compliance of a flare with the visible max T emission provisions of this subpart. where: The observation period is 2 hours and 8.706 = Constant. shall be used according to Method 22. 0.7084 = Constant.
(2) The net heating value of the gas HT = The net heating value as determined in being combusted in a flare shall be cal- paragraph (e)(2) of this section. culated using the following equation: (f) The owner or operator shall mon- itor and inspect each control device re- ⎡ n ⎤ = quired to comply with this section to HKCHTii⎢∑ ⎥ ensure proper operation and mainte- ⎣i=1 ⎦ nance of the control device by imple- where: menting the following requirements:
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(1) Install, calibrate, maintain, and toring device equipped with a contin- operate according to the manufactur- uous recorder to measure a param- er’s specifications a flow indicator that eter(s) that indicates good combustion provides a record of vent stream flow operating practices are being used. from each affected process vent to the (vi) For a condenser, either: control device at least once every hour. (A) A monitoring device equipped The flow indicator sensor shall be in- with a continuous recorder to measure stalled in the vent stream at the near- the concentration level of the organic est feasible point to the control device compounds in the exhaust vent stream inlet, but before being combined with from the condenser; or other vent streams. (B) A temperature monitoring device (2) Install, calibrate, maintain, and equipped with a continuous recorder. operate according to the manufactur- The device shall be capable of moni- er’s specifications a device to continu- toring temperature with an accuracy of ously monitor control device operation ±1 percent of the temperature being as specified below: monitored in degrees Celsius (°C) or (i) For a thermal vapor incinerator, a ±0.5 °C, whichever is greater. The tem- temperature monitoring device perature sensor shall be installed at a equipped with a continuous recorder. location in the exhaust vent stream The device shall have an accuracy of ±1 from the condenser exit (i.e., product percent of the temperature being mon- side). itored in °C or ±0.5 °C, whichever is (vii) For a carbon adsorption system greater. The temperature sensor shall such as a fixed-bed carbon adsorber be installed at a location in the com- that regenerates the carbon bed di- bustion chamber downstream of the rectly in the control device, either: combustion zone. (A) A monitoring device equipped (ii) For a catalytic vapor incinerator, with a continuous recorder to measure a temperature monitoring device the concentration level of the organic equipped with a continuous recorder. compounds in the exhaust vent stream The device shall be capable of moni- from the carbon bed, or toring temperature at two locations (B) A monitoring device equipped and have an accuracy of ±1 percent of with a continuous recorder to measure the temperature being monitored in ° C a parameter that indicates the carbon or ±0.5 ° C, whichever is greater. One bed is regenerated on a regular, pre- temperature sensor shall be installed determined time cycle. in the vent stream at the nearest fea- (3) Inspect the readings from each sible point to the catalyst bed inlet and monitoring device required by para- a second temperature sensor shall be graphs (f) (1) and (2) of this section at installed in the vent stream at the least once each operating day to check nearest feasible point to the catalyst control device operation and, if nec- bed outlet. essary, immediately implement the (iii) For a flare, a heat sensing moni- corrective measures necessary to en- toring device equipped with a contin- sure the control device operates in uous recorder that indicates the con- compliance with the requirements of tinuous ignition of the pilot flame. this section. (iv) For a boiler or process heater (g) An owner or operator using a car- having a design heat input capacity bon adsorption system such as a fixed- less than 44 MW, a temperature moni- bed carbon adsorber that regenerates toring device equipped with a contin- the carbon bed directly onsite in the uous recorder. The device shall have an control device, shall replace the exist- accuracy of ±1 percent of the tempera- ing carbon in the control device with ture being monitored in ° C or ±0.5 ° C, fresh carbon at a regular, prede- whichever is greater. The temperature termined time interval that is no sensor shall be installed at a location longer than the carbon service life es- in the furnace downstream of the com- tablished as a requirement of bustion zone. § 265.1035(b)(4)(iii)(F). (v) For a boiler or process heater hav- (h) An owner or operator using a car- ing a design heat input capacity great- bon adsorption system such as a carbon er than or equal to 44 MW, a moni- canister that does not regenerate the
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carbon bed directly onsite in the con- (k) The owner or operator shall mon- trol device shall replace the existing itor and inspect each closed-vent sys- carbon in the control device with fresh tem required to comply with this sec- carbon on a regular basis by using one tion to ensure proper operation and of the following procedures: maintenance of the closed-vent system (1) Monitor the concentration level of by implementing the following require- the organic compounds in the exhaust ments: vent stream from the carbon adsorp- (1) Each closed-vent system that is tion system on a regular schedule and used to comply with paragraph (j)(1) of replace the existing carbon with fresh this section shall be inspected and carbon immediately when carbon monitored in accordance with the fol- breakthrough is indicated. The moni- lowing requirements: toring frequency shall be daily or at an (i) An initial leak detection moni- interval no greater than 20 percent of toring of the closed-vent system shall the time required to consume the total be conducted by the owner or operator carbon working capacity established as on or before the date that the system a requirement of § 265.1035(b)(4)(iii)(G), becomes subject to this section. The whichever is longer. owner or operator shall monitor the (2) Replace the existing carbon with closed-vent system components and fresh carbon at a regular, predeter- connections using the procedures speci- mined time interval that is less than fied in § 265.1034(b) of this subpart to the design carbon replacement interval demonstrate that the closed-vent sys- established as a requirement of tem operates with no detectable emis- § 265.1035(b)(4)(iii)(G). sions, as indicated by an instrument (i) An owner or operator of an af- reading of less than 500 ppmv above fected facility seeking to comply with background. the provisions of this part by using a (ii) After initial leak detection moni- control device other than a thermal toring required in paragraph (k)(1)(i) of vapor incinerator, catalytic vapor in- this section, the owner or operator cinerator, flare, boiler, process heater, shall inspect and monitor the closed- condenser, or carbon adsorption system vent system as follows: is required to develop documentation (A) Closed-vent system joints, seams, including sufficient information to de- or other connections that are perma- scribe the control device operation and nently or semi-permanently sealed identify the process parameter or pa- (e.g., a welded joint between two sec- rameters that indicate proper oper- tions of hard piping or a bolted and ation and maintenance of the control gasketed ducting flange) shall be vis- device. ually inspected at least once per year (j) A closed-vent system shall meet to check for defects that could result either of the following design require- in air pollutant emissions. The owner ments: or operator shall monitor a component (1) A closed-vent system shall be de- or connection using the procedures signed to operate with no detectable specified in § 265.1034(b) of this subpart emissions, as indicated by an instru- to demonstrate that it operates with ment reading of less than 500 ppmv no detectable emissions following any above background as determined by the time the component is repaired or re- procedure in § 265.1034(b) of this sub- placed (e.g., a section of damaged hard part, and by visual inspections; or piping is replaced with new hard pip- (2) A closed-vent system shall be de- ing) or the connection is unsealed (e.g., signed to operate at a pressure below a flange is unbolted). atmospheric pressure. The system shall (B) Closed-vent system components be equipped with at least one pressure or connections other than those speci- gauge or other pressure measurement fied in paragraph (k)(1)(ii)(A) of this device that can be read from a readily section shall be monitored annually accessible location to verify that nega- and at other times as requested by the tive pressure is being maintained in Regional Administrator, except as pro- the closed-vent system when the con- vided for in paragraph (n) of this sec- trol device is operating. tion, using the procedures specified in
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§ 265.1034(b) of this subpart to dem- nically infeasible without a process onstrate that the components or con- unit shutdown, or if the owner or oper- nections operate with no detectable ator determines that emissions result- emissions. ing from immediate repair would be (iii) In the event that a defect or leak greater than the fugitive emissions is detected, the owner or operator shall likely to result from delay of repair. repair the defect or leak in accordance Repair of such equipment shall be com- with the requirements of paragraph pleted by the end of the next process (k)(3) of this section. unit shutdown. (iv) The owner or operator shall (iv) The owner or operator shall maintain a record of the inspection and maintain a record of the defect repair monitoring in accordance with the re- in accordance with the requirements quirements specified in § 265.1035 of this specified in § 265.1035 of this subpart. subpart. (l) Closed-vent systems and control (2) Each closed-vent system that is devices used to comply with provisions used to comply with paragraph (j)(2) of of this subpart shall be operated at all this section shall be inspected and times when emissions may be vented to monitored in accordance with the fol- them. lowing requirements: (m) The owner or operator using a (i) The closed-vent system shall be carbon adsorption system to control visually inspected by the owner or op- air pollutant emissions shall document erator to check for defects that could that all carbon that is a hazardous result in air pollutant emissions. De- waste and that is removed from the fects include, but are not limited to, control device is managed in one of the visible cracks, holes, or gaps in duct- following manners, regardless of the work or piping or loose connections. average volatile organic concentration (ii) The owner or operator shall per- of the carbon: form an initial inspection of the (1) Regenerated or reactivated in a closed-vent system on or before the thermal treatment unit that meets one date that the system becomes subject of the following: to this section. Thereafter, the owner (i) The owner or operator of the unit or operator shall perform the inspec- has been issued a final permit under 40 tions at least once every year. CFR part 270 which implements the re- (iii) In the event that a defect or leak quirements of 40 CFR part 264 subpart is detected, the owner or operator shall X; or repair the defect in accordance with (ii) The unit is equipped with and op- the requirements of paragraph (k)(3) of erating air emission controls in accord- this section. ance with the applicable requirements (iv) The owner or operator shall of subparts AA and CC of either this maintain a record of the inspection and part or of 40 CFR part 264; or monitoring in accordance with the re- (iii) The unit is equipped with and op- quirements specified in § 265.1035 of this erating air emission controls in accord- subpart. ance with a national emission standard (3) The owner or operator shall repair for hazardous air pollutants under 40 all detected defects as follows: CFR part 61 or 40 CFR part 63. (i) Detectable emissions, as indicated (2) Incinerated in a hazardous waste by visual inspection, or by an instru- incinerator for which the owner or op- ment reading greater than 500 ppmv erator either: above background, shall be controlled (i) Has been issued a final permit as soon as practicable, but not later under 40 CFR part 270 which imple- than 15 calendar days after the emis- ments the requirements of 40 CFR part sion is detected, except as provided for 264, subpart O; or in paragraph (k)(3)(iii) of this section. (ii) Has designed and operates the in- (ii) A first attempt at repair shall be cinerator in accordance with the in- made no later than 5 calendar days terim status requirements of subpart O after the emission is detected. of this part. (iii) Delay of repair of a closed-vent (3) Burned in a boiler or industrial system for which leaks have been de- furnace for which the owner or oper- tected is allowed if the repair is tech- ator either:
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(i) Has been issued a final permit (ii) A mixture of methane or n- under 40 CFR part 270 which imple- hexane and air at a concentration of ments the requirements of 40 CFR part approximately, but less than, 10,000 266, subpart H; or ppm methane or n-hexane. (ii) Has designed and operates the (5) The background level shall be de- boiler or industrial furnace in accord- termined as set forth in Reference ance with the interim status require- Method 21. ments of 40 CFR part 266, subpart H. (6) The instrument probe shall be tra- (n) Any components of a closed-vent versed around all potential leak inter- system that are designated, as de- faces as close to the interface as scribed in § 265.1035(c)(9) of this subpart, possible as described in Reference as unsafe to monitor are exempt from Method 21. the requirements of paragraph (k)(1)(ii)(B) of this section if: (7) The arithmetic difference between (1) The owner or operator of the the maximum concentration indicated closed-vent system determines that the by the instrument and the background components of the closed-vent system level is compared with 500 ppm for de- are unsafe to monitor because moni- termining compliance. toring personnel would be exposed to (c) Performance tests to determine an immediate danger as a consequence compliance with § 265.1032(a) and with of complying with paragraph the total organic compound concentra- (k)(1)(ii)(B) of this section; and tion limit of § 265.1033(c) shall comply (2) The owner or operator of the with the following: closed-vent system adheres to a writ- (1) Performance tests to determine ten plan that requires monitoring the total organic compound concentrations closed-vent system components using and mass flow rates entering and the procedure specified in paragraph exiting control devices shall be con- (k)(1)(ii)(B) of this section as fre- ducted and data reduced in accordance quently as practicable during safe-to- with the following reference methods monitor times. and calculation procedures: [59 FR 62935, Dec. 6, 1994, as amended at 61 (i) Method 2 in 40 CFR part 60 for ve- FR 4913, Feb. 9, 1996; 61 FR 59969, Nov. 25, locity and volumetric flow rate. 1996; 62 FR 64661, Dec. 8, 1997; 71 FR 40276, (ii) Method 18 or Method 25A in 40 July 14, 2006] CFR part 60, appendix A, for organic content. If Method 25A is used, the or- § 265.1034 Test methods and proce- dures. ganic HAP used as the calibration gas must be the single organic HAP rep- (a) Each owner or operator subject to resenting the largest percent by vol- the provisions of this subpart shall ume of the emissions. The use of Meth- comply with the test methods and pro- od 25A is acceptable if the response cedures requirements provided in this from the high-level calibration gas is section. (b) When a closed-vent system is test- at least 20 times the standard deviation ed for compliance with no detectable of the response from the zero calibra- emissions, as required in § 265.1033(k) of tion gas when the instrument is zeroed this subpart, the test shall comply on the most sensitive scale. with the following requirements: (iii) Each performance test shall con- (1) Monitoring shall comply with Ref- sist of three separate runs; each run erence Method 21 in 40 CFR part 60. conducted for at least 1 hour under the (2) The detection instrument shall conditions that exist when the haz- meet the performance criteria of Ref- ardous waste management unit is oper- erence Method 21. ating at the highest load or capacity (3) The instrument shall be cali- level reasonably expected to occur. For brated before use on each day of its use the purpose of determining total or- by the procedures specified in Ref- ganic compound concentrations and erence Method 21. mass flow rates, the average of results (4) Calibration gases shall be: of all runs shall apply. The average (i) Zero air (less than 10 ppm of hy- shall be computed on a time-weighted drocarbon in air). basis.
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(iv) Total organic mass flow rates (2) The owner or operator shall shall be determined by the following record such process information as equation: may be necessary to determine the (A) For sources utilizing Method 18. conditions of the performance tests. Operations during periods of startup, n shutdown, and malfunction shall not ⎧ ⎫ − EQ= ⎨∑ CMW⎬ []0. 0416[] 10 6 constitute representative conditions hsdii2 for the purpose of a performance test. ⎩ = ⎭ i 1 (3) The owner or operator of an af- Where: fected facility shall provide, or cause Eh = Total organic mass flow rate, kg/h; to be provided, performance testing fa- Q2sd = Volumetric flow rate of gases entering cilities as follows: or exiting control device, as determined (i) Sampling ports adequate for the by Method 2, dscm/h; test methods specified in paragraph n = Number of organic compounds in the (c)(1) of this section. vent gas; (ii) Safe sampling platform(s). Ci = Organic concentration in ppm, dry basis, of compound i in the vent gas, as deter- (iii) Safe access to sampling plat- mined by Method 18; form(s).
MWi = Molecular weight of organic com- (iv) Utilities for sampling and testing pound i in the vent gas, kg/kg-mol; equipment. 0.0416 = Conversion factor for molar volume, (4) For the purpose of making compli- kg-mol/m3 (@ 293 K and 760 mm Hg); ance determinations, the time-weight- ¥ 10 6 = Conversion from ppm ed average of the results of the three (B) For sources utilizing Method 25A. runs shall apply. In the event that a sample is accidentally lost or condi- ¥6 Eh = (Q)(C)(MW)(0.0416)(10 ) tions occur in which one of the three Where: runs must be discontinued because of
Eh = Total organic mass flow rate, kg/h; forced shutdown, failure of an irre- Q = Volumetric flow rate of gases entering or placeable portion of the sample train, exiting control device, as determined by extreme meteorological conditions, or Method 2, dscm/h; other circumstances beyond the owner C = Organic concentration in ppm, dry basis, or operator’s control, compliance may, as determined by Method 25A; upon the Regional Administrator’s ap- MW = Molecular weight of propane, 44; proval, be determined using the aver- 0.0416 = Conversion factor for molar volume, kg-mol/m3 (@ 293 K and 760 mm Hg); age of the results of the two other runs. 10¥6 = Conversion from ppm. (d) To show that a process vent asso- ciated with a hazardous waste distilla- (v) The annual total organic emission tion, fractionation, thin-film evapo- rate shall be determined by the fol- ration, solvent extraction, or air or lowing equation: steam stripping operation is not sub- ject to the requirements of this sub- EA=(Eh) (H) part, the owner or operator must make where: an initial determination that the time- EA=Total organic mass emission rate, kg/y; weighted, annual average total organic Eh=Total organic mass flow rate for the proc- concentration of the waste managed by ess vent, kg/h; the waste management unit is less H=Total annual hours of operations for the than 10 ppmw using one of the fol- affected unit, h. lowing two methods: (vi) Total organic emissions from all (1) Direct measurement of the or- affected process vents at the facility ganic concentration of the waste using shall be determined by summing the the following procedures: hourly total organic mass emission (i) The owner or operator must take rates (Eh, as determined in paragraph a minimum of four grab samples of (c)(1)(iv) of this section) and by sum- waste for each waste stream managed ming the annual total organic mass in the affected unit under process con- emission rates (EA, as determined in ditions expected to cause the max- paragraph (c)(1)(v) of this section) for imum waste organic concentration. all affected process vents at the (ii) For waste generated onsite, the facility. grab samples must be collected at a
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point before the waste is exposed to the ration, solvent extraction, or air or atmosphere such as in an enclosed pipe steam stripping operations manage or other closed system that is used to hazardous wastes with time-weighted transfer the waste after generation to annual average total organic con- the first affected distillation fraction- centrations less than 10 ppmw shall be ation, thin-film evaporation, solvent made as follows: extraction, or air or steam stripping (1) By the effective date that the fa- operation. For waste generated offsite, cility becomes subject to the provi- the grab samples must be collected at sions of this subpart or by the date the inlet to the first waste manage- when the waste is first managed in a ment unit that receives the waste pro- waste management unit, whichever is vided the waste has been transferred to later; and the facility in a closed system such as (2) For continuously generated waste, a tank truck and the waste is not di- annually; or luted or mixed with other waste. (3) Whenever there is a change in the (iii) Each sample shall be analyzed waste being managed or a change in and the total organic concentration of the process that generates or treats the the sample shall be computed using waste. Method 9060A (incorporated by ref- (f) When an owner or operator and erence under § 260.11 of this chapter) of the Regional Administrator do not ‘‘Test Methods for Evaluating Solid agree on whether a distillation, frac- Waste, Physical/Chemical Methods,’’ tionation, thin-film evaporation, sol- EPA Publication SW–846; or analyzed vent extraction, or air or steam strip- for its individual organic constituents. ping operation manages a hazardous (iv) The arithmetic mean of the re- waste with organic concentrations of sults of the analyses of the four sam- at least 10 ppmw based on knowledge of ples shall apply for each waste stream the waste, the dispute may be resolved managed in the unit in determining the using direct measurement as specified time-weighted, annual average total at paragraph (d)(1) of this section. organic concentration of the waste. The time-weighted average is to be cal- [55 FR 25507, June 21, 1990, as amended at 56 culated using the annual quantity of FR 19290, Apr. 26, 1991; 61 FR 59970, Nov. 25, each waste stream processed and the 1996; 62 FR 32463, June 13, 1997; 70 FR 34586, mean organic concentration of each June 14, 2005] waste stream managed in the unit. § 265.1035 Recordkeeping require- (2) Using knowledge of the waste to ments. determine that its total organic con- centration is less than 10 ppmw. Docu- (a)(1) Each owner or operator subject mentation of the waste determination to the provisions of this subpart shall is required. Examples of documenta- comply with the recordkeeping re- tion that shall be used to support a de- quirements of this section. termination under this provision in- (2) An owner or operator of more clude production process information than one hazardous waste management documenting that no organic com- unit subject to the provisions of this pounds are used, information that the subpart may comply with the record- waste is generated by a process that is keeping requirements for these haz- identical to a process at the same or ardous waste management units in one another facility that has previously recordkeeping system if the system been demonstrated by direct measure- identifies each record by each haz- ment to generate a waste stream hav- ardous waste management unit. ing a total organic content less than 10 (b) Owners and operators must record ppmw, or prior speciation analysis re- the following information in the facil- sults on the same waste stream where ity operating record: it can also be documented that no proc- (1) For facilities that comply with ess changes have occurred since that the provisions of § 265.1033(a)(2), an im- analysis that could affect the waste plementation schedule that includes total organic concentration. dates by which the closed-vent system (e) The determination that distilla- and control device will be installed and tion fractionation, thin-film evapo- in operation. The schedule must also
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include a rationale of why the installa- ably expected to occur. This shall tion cannot be completed at an earlier include the estimated or design flow date. The implementation schedule rate and organic content of each vent must be in the facility operating record stream and define the acceptable oper- by the effective date that the facility ating ranges of key process and control becomes subject to the provisions of device parameters during the test this subpart. program. (2) Up-to-date documentation of com- (ii) A detailed engineering descrip- pliance with the process vent standards tion of the closed-vent system and con- in § 265.1032, including: trol device including: (i) Information and data identifying (A) Manufacturer’s name and model all affected process vents, annual number of control device. throughput and operating hours of (B) Type of control device. each affected unit, estimated emission (C) Dimensions of the control device. rates for each affected vent and for the (D) Capacity. overall facility (i.e., the total emis- (E) Construction materials. sions for all affected vents at the facil- ity), and the approximate location (iii) A detailed description of sam- within the facility of each affected unit pling and monitoring procedures, in- (e.g., identify the hazardous waste cluding sampling and monitoring loca- management units on a facility plot tions in the system, the equipment to plan); and be used, sampling and monitoring fre- (ii) Information and data supporting quency, and planned analytical proce- determinations of vent emissions and dures for sample analysis. emission reductions achieved by add-on (4) Documentation of compliance control devices based on engineering with § 265.1033 shall include the fol- calculations or source tests. For the lowing information: purpose of determining compliance, de- (i) A list of all information references terminations of vent emissions and and sources used in preparing the docu- emission reductions must be made mentation. using operating parameter values (e.g., (ii) Records, including the dates, of temperatures, flow rates or vent each compliance test required by stream organic compounds and con- § 265.1033(j). centrations) that represent the condi- (iii) If engineering calculations are tions that result in maximum organic used, a design analysis, specifications, emissions, such as when the waste drawings, schematics, and piping and management unit is operating at the instrumentation diagrams based on the highest load or capacity level reason- appropriate sections of ‘‘APTI Course ably expected to occur. If the owner or 415: Control of Gaseous Emissions’’ (in- operator takes any action (e.g., man- corporated by reference as specified in aging a waste of different composition § 260.11) or other engineering texts ac- or increasing operating hours of af- ceptable to the Regional Administrator fected waste management units) that that present basic control device de- would result in an increase in total or- sign information. Documentation pro- ganic emissions from affected process vided by the control device manufac- vents at the facility, then a new deter- turer or vendor that describes the con- mination is required. trol device design in accordance with (3) Where an owner or operator paragraphs (b)(4)(iii)(A) through chooses to use test data to determine (b)(4)(iii)(G) of this section may be used the organic removal efficiency or total to comply with this requirement. The organic compound concentration design analysis shall address the vent achieved by the control device, a per- stream characteristics and control de- formance test plan. The test plan must vice operation parameters as specified include: below. (i) A description of how it is deter- (A) For a thermal vapor incinerator, mined that the planned test is going to the design analysis shall consider the be conducted when the hazardous waste vent stream composition, constituent management unit is operating at the concentrations, and flow rate. The de- highest load or capacity level reason- sign analysis shall also establish the
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design minimum and average tempera- (G) For a carbon adsorption system ture in the combustion zone and the such as a carbon canister that does not combustion zone residence time. regenerate the carbon bed directly on- (B) For a catalytic vapor incinerator, site in the control device, the design the design analysis shall consider the analysis shall consider the vent stream vent stream composition, constituent composition, constituent concentra- concentrations, and flow rate. The de- tions, flow rate, relative humidity, and sign analysis shall also establish the temperature. The design analysis shall design minimum and average tempera- also establish the design outlet organic tures across the catalyst bed inlet and concentration level, capacity of carbon outlet. bed, type and working capacity of acti- (C) For a boiler or process heater, the vated carbon used for carbon bed, and design analysis shall consider the vent design carbon replacement interval stream composition, constituent con- based on the total carbon working ca- centrations, and flow rate. The design pacity of the control device and source analysis shall also establish the design operating schedule. minimum and average flame zone tem- (iv) A statement signed and dated by peratures, combustion zone residence the owner or operator certifying that time, and description of method and lo- the operating parameters used in the cation where the vent stream is intro- design analysis reasonably represent duced into the combustion zone. the conditions that exist when the haz- (D) For a flare, the design analysis ardous waste management unit is or shall consider the vent stream com- would be operating at the highest load position, constituent concentrations, or capacity level reasonably expected and flow rate. The design analysis shall to occur. also consider the requirements speci- (v) A statement signed and dated by fied in § 265.1033(d). the owner or operator certifying that (E) For a condenser, the design anal- the control device is designed to oper- ysis shall consider the vent stream ate at an efficiency of 95 percent or composition, constituent concentra- greater unless the total organic con- tions, flow rate, relative humidity, and centration limit of § 265.1032(a) is temperature. The design analysis shall achieved at an efficiency less than 95 also establish the design outlet organic weight percent or the total organic compound concentration level, design emission limits of § 265.1032(a) for af- average temperature of the condenser fected process vents at the facility can exhaust vent stream, and design aver- be attained by a control device involv- age temperatures of the coolant fluid at the condenser inlet and outlet. ing vapor recovery at an efficiency less (F) For a carbon adsorption system than 95 weight percent. A statement such as a fixed-bed adsorber that regen- provided by the control device manu- erates the carbon bed directly onsite in facturer or vendor certifying that the the control device, the design analysis control equipment meets the design shall consider the vent stream com- specifications may be used to comply position, constituent concentrations, with this requirement. flow rate, relative humidity, and tem- (vi) If performance tests are used to perature. The design analysis shall also demonstrate compliance, all test establish the design exhaust vent results. stream organic compound concentra- (c) Design documentation and moni- tion level, number and capacity of car- toring, operating, and inspection infor- bon beds, type and working capacity of mation for each closed-vent system and activated carbon used for carbon beds, control device required to comply with design total steam flow over the period the provisions of this part shall be re- of each complete carbon bed regenera- corded and kept up-to-date in the facil- tion cycle, duration of the carbon bed ity operating record. The information steaming and cooling/drying cycles, de- shall include: sign carbon bed temperature after re- (1) Description and date of each generation, design carbon bed regen- modification that is made to the eration time, and design service life of closed-vent system or control device carbon. design.
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(2) Identification of operating param- the organic compound concentration eter, description of monitoring device, level or readings of organic compounds and diagram of monitoring sensor loca- in the exhaust vent stream from the tion or locations used to comply with condenser are more than 20 percent § 265.1033(f)(1) and (f)(2). greater than the design outlet organic (3) Monitoring, operating and inspec- compound concentration level estab- tion information required by para- lished as a requirement of paragraph graphs (f) through (k) of § 265.1033 of (b)(4)(iii)(E) of this section. this subpart. (vii) For a condenser that complies (4) Date, time, and duration of each with § 265.1033(f)(2)(vi)(B), period when: period that occurs while the control de- (A) Temperature of the exhaust vent vice is operating when any monitored stream from the condenser is more parameter exceeds the value estab- than 6 °C above the design average ex- lished in the control device design haust vent stream temperature estab- analysis as specified below: lished as a requirement of paragraph (i) For a thermal vapor incinerator (b)(4)(iii)(E) of this section; or designed to operate with a minimum (B) Temperature of the coolant fluid residence time of 0.50 seconds at a min- ° ° exiting the condenser is more than 6 C imum temperature of 760 C, period above the design average coolant fluid when the combustion temperature is temperature at the condenser outlet below 760 °C. established as a requirement of para- (ii) For a thermal vapor incinerator graph (b)(4)(iii)(E) of this section. designed to operate with an organic emission reduction efficiency of 95 per- (viii) For a carbon adsorption system cent or greater, period when the com- such as a fixed-bed carbon adsorber bustion zone temperature is more than that regenerates the carbon bed di- 28 °C below the design average combus- rectly onsite in the control device and tion zone temperature established as a complies with § 265.1033(f)(2)(vii)(A), pe- requirement of paragraph (b)(4)(iii)(A) riod when the organic compound con- of this section. centration level or readings of organic (iii) For a catalytic vapor inciner- compounds in the exhaust vent stream ator, period when: from the carbon bed are more than 20 (A) Temperature of the vent stream percent greater than the design ex- at the catalyst bed inlet is more than haust vent stream organic compound 28 °C below the average temperature of concentration level established as a re- the inlet vent stream established as a quirement of paragraph (b)(4)(iii)(F) of requirement of paragraph (b)(4)(iii)(B) this section. of this section; or (ix) For a carbon adsorption system (B) Temperature difference across such as a fixed-bed carbon adsorber the catalyst bed is less than 80 percent that regenerates the carbon bed di- of the design average temperature dif- rectly onsite in the control device and ference established as a requirement of complies with § 265.1033(f)(2)(vii)(B), pe- paragraph (b)(4)(iii)(B) of this section. riod when the vent stream continues to (iv) For a boiler or process heater, pe- flow through the control device beyond riod when: the predetermined carbon bed regen- (A) Flame zone temperature is more eration time established as a require- than 28 °C below the design average ment of paragraph (b)(4)(iii)(F) of this flame zone temperature established as section. a requirement of paragraph (5) Explanation for each period re- (b)(4)(iii)(C) of this section; or corded under paragraph (c)(4) of this (B) Position changes where the vent section of the cause for control device stream is introduced to the combustion operating parameter exceeding the de- zone from the location established as a sign value and the measures imple- requirement of paragraph (b)(4)(iii)(C) mented to correct the control device of this section. operation. (v) For a flare, period when the pilot (6) For carbon adsorption systems op- flame is not ignited. erated subject to requirements speci- (vi) For a condenser that complies fied in § 265.1033(g) or § 265.1033(h)(2), with § 265.1033(f)(2)(vi)(A), period when date when existing carbon in the
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control device is replaced with fresh (B) If delay of repair was caused by carbon. depletion of stocked parts, there must (7) For carbon adsorption systems op- be documentation that the spare parts erated subject to requirements speci- were sufficiently stocked on-site before fied in § 265.1033(h)(1), a log that depletion and the reason for depletion. records: (d) Records of the monitoring, oper- (i) Date and time when control device ating, and inspection information re- is monitored for carbon breakthrough quired by paragraphs (c)(3) through and the monitoring device reading. (c)(10) of this section shall be main- (ii) Date when existing carbon in the tained by the owner or operator for at control device is replaced with fresh least 3 years following the date of each carbon. occurrence, measurement, mainte- (8) Date of each control device start- nance, corrective action, or record. up and shutdown. (e) For a control device other than a (9) An owner or operator designating thermal vapor incinerator, catalytic any components of a closed-vent sys- vapor incinerator, flare, boiler, process tem as unsafe to monitor pursuant to heater, condenser, or carbon adsorption § 265.1033(n) of this subpart shall record system, monitoring and inspection in- in a log that is kept in the facility op- formation indicating proper operation erating record the identification of and maintenance of the control device closed-vent system components that must be recorded in the facility oper- are designated as unsafe to monitor in ating record. accordance with the requirements of § 265.1033(n) of this subpart, an expla- (f) Up-to-date information and data nation for each closed-vent system used to determine whether or not a component stating why the closed-vent process vent is subject to the require- system component is unsafe to mon- ments in § 265.1032 including supporting itor, and the plan for monitoring each documentation as required by closed-vent system component. § 265.1034(d)(2) when application of the (10) When each leak is detected as knowledge of the nature of the haz- specified in § 265.1033(k) of this subpart, ardous waste stream or the process by the following information shall be re- which it was produced is used, shall be corded: recorded in a log that is kept in the fa- (i) The instrument identification cility operating record. number, the closed-vent system compo- [55 FR 25507, June 21, 1990, as amended at 56 nent identification number, and the op- FR 19290, Apr. 26, 1991; 61 FR 59970, Nov. 25, erator name, initials, or identification 1996; 71 FR 40276, July 14, 2006] number. (ii) The date the leak was detected §§ 265.1036–265.1049 [Reserved] and the date of first attempt to repair the leak. Subpart BB—Air Emission (iii) The date of successful repair of Standards for Equipment Leaks the leak. (iv) Maximum instrument reading measured by Method 21 of 40 CFR part SOURCE: 55 FR 25512, June 21, 1990, unless 60, appendix A after it is successfully otherwise noted. repaired or determined to be nonrepair- § 265.1050 Applicability. able. (v) ‘‘Repair delayed’’ and the reason (a) The regulations in this subpart for the delay if a leak is not repaired apply to owners and operators of facili- within 15 calendar days after discovery ties that treat, store, or dispose of haz- of the leak. ardous wastes (except as provided in (A) The owner or operator may de- § 265.1). velop a written procedure that identi- (b) Except as provided in § 265.1064(k), fies the conditions that justify a delay this subpart applies to equipment that of repair. In such cases, reasons for contains or contacts hazardous wastes delay of repair may be documented by with organic concentrations of at least citing the relevant sections of the writ- 10 percent by weight that are managed ten procedure. in one of the following:
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(1) A unit that is subject to the per- ated with hazardous waste recycling units mitting requirements of 40 CFR part previously exempt under paragraph 270, or 261.6(c)(1). Other exemptions under §§ 261.4 (2) A unit (including a hazardous and 265.1(c) are not affected by these require- ments.] waste recycling unit) that is not ex- empt from permitting under the provi- [55 FR 25512, June 21, 1990, as amended at 61 sions of 40 CFR 262.34(a) (i.e., a haz- FR 59970, Nov. 25, 1996; 62 FR 52642, Oct. 8, ardous waste recycling unit that is not 1997; 62 FR 64661, Dec. 8, 1997; 69 FR 22661, Apr. 26, 2004] a 90-day tank or container) and that is located at a hazardous waste manage- § 265.1051 Definitions. ment facility otherwise subject to the As used in this subpart, all terms permitting requirements of 40 CFR shall have the meaning given them in part 270, or (3) A unit that is exempt from per- § 264.1031, the Act, and parts 260–266. mitting under the provisions of 40 CFR § 265.1052 Standards: Pumps in light 262.34(a) (i.e., a ‘‘90-day’’ tank or con- liquid service. tainer) and is not a recycling unit (a)(1) Each pump in light liquid serv- under the provisions of 40 CFR 261.6. ice shall be monitored monthly to de- (c) Each piece of equipment to which tect leaks by the methods specified in this subpart applies shall be marked in § 265.1063(b), except as provided in para- such a manner that it can be distin- graphs (d), (e), and (f) of this section. guished readily from other pieces of (2) Each pump in light liquid service equipment. shall be checked by visual inspection (d) Equipment that is in vacuum each calendar week for indications of service is excluded from the require- liquids dripping from the pump seal. ments of § 265.1052 to § 265.1060 if it is (b)(1) If an instrument reading of identified as required in § 265.1064(g)(5). 10,000 ppm or greater is measured, a (e) Equipment that contains or con- leak is detected. tacts hazardous waste with an organic (2) If there are indications of liquids concentration of at least 10 percent by dripping from the pump seal, a leak is weight for less than 300 hours per cal- detected. endar year is excluded from the re- (c)(1) When a leak is detected, it shall quirements of §§ 265.1052 through be repaired as soon as practicable, but 265.1060 of this subpart if it is identi- not later than 15 calendar days after it fied, as required in § 265.1064(g)(6) of is detected, except as provided in this subpart. § 265.1059. (f) The requirements of this subpart (2) A first attempt at repair (e.g., do not apply to the pharmaceutical tightening the packing gland) shall be manufacturing facility, commonly re- made no later than 5 calendar days ferred to as the Stonewall Plant, lo- after each leak is detected. cated at Route 340 South, Elkton, Vir- (d) Each pump equipped with a dual ginia, provided that facility is operated mechanical seal system that includes a in compliance with the requirements barrier fluid system is exempt from the contained in a Clean Air Act permit requirements of paragraph (a), provided issued pursuant to 40 CFR 52.2454. The the following requirements are met: requirements of this subpart shall (1) Each dual mechanical seal system apply to the facility upon termination must be: of the Clean Air Act permit issued pur- (i) Operated with the barrier fluid at suant to 40 CFR 52.2454. a pressure that is at all times greater (g) Purged coatings and solvents than the pump stuffing box pressure, or from surface coating operations subject (ii) Equipped with a barrier fluid to the national emission standards for degassing reservoir that is connected hazardous air pollutants (NESHAP) for by a closed-vent system to a control the surface coating of automobiles and device that complies with the require- light-duty trucks at 40 CFR part 63, ments of § 265.1060, or subpart IIII, are not subject to the re- (iii) Equipped with a system that quirements of this subpart. purges the barrier fluid into a haz- [NOTE: The requirements of §§ 265.1052 ardous waste stream with no detect- through 265.1064 apply to equipment associ- able emissions to the atmosphere.
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(2) The barrier fluid system must not and at other times as requested by the be a hazardous waste with organic con- Regional Administrator. centrations 10 percent or greater by (f) If any pump is equipped with a weight. closed-vent system capable of cap- (3) Each barrier fluid system must be turing and transporting any leakage equipped with a sensor that will detect from the seal or seals to a control de- failure of the seal system, the barrier vice that complies with the require- fluid system or both. ments of § 265.1060, it is exempt from (4) Each pump must be checked by the requirements of paragraphs (a) visual inspection, each calendar week, through (e) of this section. for indications of liquids dripping from [55 FR 25512, June 21, 1990, as amended at 56 the pump seals. FR 19290, Apr. 26, 1991] (5)(i) Each sensor as described in paragraph (d)(3) of this section must be § 265.1053 Standards: Compressors. checked daily or be equipped with an (a) Each compressor shall be audible alarm that must be checked equipped with a seal system that in- monthly to ensure that it is func- cludes a barrier fluid system and that tioning properly. prevents leakage of total organic emis- (ii) The owner or operator must de- sions to the atmosphere, except as pro- termine, based on design consider- vided in paragraphs (h) and (i) of this ations and operating experience, a cri- section. terion that indicates failure of the seal (b) Each compressor seal system as system, the barrier fluid system, or required in paragraph (a) of this sec- both. tion shall be: (6)(i) If there are indications of liq- (1) Operated with the barrier fluid at uids dripping from the pump seal or the a pressure that is at all times greater sensor indicates failure of the seal sys- than the compressor stuffing box pres- tem, the barrier fluid system, or both sure, or based on the criterion determined in (2) Equipped with a barrier fluid sys- paragraph (d)(5)(ii) of this section, a tem that is connected by a closed-vent leak is detected. system to a control device that com- plies with the requirements of (ii) When a leak is detected, it shall § 265.1060, or be repaired as soon as practicable, but (3) Equipped with a system that not later than 15 calendar days after it purges the barrier fluid into a haz- is detected, except as provided in ardous waste stream with no detect- § 265.1059. able emissions to atmosphere. (iii) A first attempt at repair (e.g., (c) The barrier fluid must not be a relapping the seal) shall be made no hazardous waste with organic con- later than 5 calendar days after each centrations 10 percent or greater by leak is detected. weight. (e) Any pump that is designated, as (d) Each barrier fluid system as de- described in § 265.1064(g)(2), for no de- scribed in paragraphs (a) through (c) of tectable emissions, as indicated by an this section shall be equipped with a instrument reading of less than 500 sensor that will detect failure of the ppm above background, is exempt from seal system, barrier fluid system, or the requirements of paragraphs (a), (c), both. and (d) of this section if the pump (e)(1) Each sensor as required in para- meets the following requirements: graph (d) of this section shall be (1) Must have no externally actuated checked daily or shall be equipped with shaft penetrating the pump housing. an audible alarm that must be checked (2) Must operate with no detectable monthly to ensure that it is func- emissions as indicated by an instru- tioning properly unless the compressor ment reading of less than 500 ppm is located within the boundary of an above background as measured by the unmanned plant site, in which case the methods specified in § 265.1063(c). sensor must be checked daily. (3) Must be tested for compliance (2) The owner or operator shall deter- with paragraph (e)(2) of this section mine, based on design considerations initially upon designation, annually, and operating experience, a criterion
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that indicates failure of the seal sys- background, as soon as practicable, but tem, the barrier fluid system or both. no later than 5 calendar days after (f) If the sensor indicates failure of each pressure release, except as pro- the seal system, the barrier fluid sys- vided in § 265.1059. tem, or both based on the criterion de- (2) No later than 5 calendar days termined under paragraph (e)(2) of this after the pressure release, the pressure section, a leak is detected. relief device shall be monitored to con- (g)(1) When a leak is detected, it firm the condition of no detectable shall be repaired as soon as practicable, emissions, as indicated by an instru- but not later than 15 calendar days ment reading of less than 500 ppm after it is detected, except as provided above background, as measured by the in § 265.1059. method specified in § 265.1063(c). (2) A first attempt at repair (e.g., (c) Any pressure relief device that is tightening the packing gland) shall be equipped with a closed-vent system ca- made no later than 5 calendar days pable of capturing and transporting after each leak is detected. leakage from the pressure relief device (h) A compressor is exempt from the to a control device as described in requirements of paragraphs (a) and (b) § 265.1060 is exempt from the require- of this section if it is equipped with a ments of paragraphs (a) and (b) of this closed-vent system capable of cap- section. turing and transporting any leakage from the seal to a control device that § 265.1055 Standards: Sampling con- complies with the requirements of nection systems. § 265.1060, except as provided in para- (a) Each sampling connection system graph (i) of this section. shall be equipped with a closed-purge, (i) Any compressor that is des- closed-loop, or closed-vent system. ignated, as described in § 265.1064(g)(2), This system shall collect the sample for no detectable emission as indicated purge for return to the process or for by an instrument reading of less than routing to the appropriate treatment 500 ppm above background is exempt system. Gases displaced during filling from the requirements of paragraphs of the sample container are not re- (a) through (h) of this section if the quired to be collected or captured. compressor: (b) Each closed-purge, closed-loop, or (1) Is determined to be operating with closed-vent system as required in para- no detectable emissions, as indicated graph (a) of this section shall: by an instrument reading of less than (1) Return the purged process fluid 500 ppm above background, as meas- directly to the process line; or ured by the method specified in (2) Collect and recycle the purged § 265.1063(c). process fluid; or (2) Is tested for compliance with (3) Be designed and operated to cap- paragraph (i)(1) of this section initially ture and transport all the purged proc- upon designation, annually, and at ess fluid to a waste management unit other times as requested by the Re- that complies with the applicable re- gional Administrator. quirements of § 265.1085 through § 265.1087 of this subpart or a control de- § 265.1054 Standards: Pressure relief devices in gas/vapor service. vice that complies with the require- ments of § 265.1060 of this subpart. (a) Except during pressure releases, (c) In-situ sampling systems and sam- each pressure relief device in gas/vapor pling systems without purges are ex- service shall be operated with no de- empt from the requirements of para- tectable emissions, as indicated by an graphs (a) and (b) of this section. instrument reading of less than 500 ppm above background, as measured by [61 FR 59971, Nov. 25, 1996] the method specified in § 265.1063(c). (b)(1) After each pressure release, the § 265.1056 Standards: Open-ended pressure relief device shall be returned valves or lines. to a condition of no detectable emis- (a)(1) Each open-ended valve or line sions, as indicated by an instrument shall be equipped with a cap, blind reading of less than 500 ppm above flange, plug, or a second valve.
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(2) The cap, blind flange, plug, or sec- (f) Any valve that is designated, as ond valve shall seal the open end at all described in § 265.1064(g)(2), for no de- times except during operations requir- tectable emissions, as indicated by an ing hazardous waste stream flow instrument reading of less than 500 through the open-ended valve or line. ppm above background, is exempt from (b) Each open-ended valve or line the requirements of paragraph (a) of equipped with a second valve shall be this section if the valve: operated in a manner such that the (1) Has no external actuating mecha- valve on the hazardous waste stream nism in contact with the hazardous end is closed before the second valve is waste stream. closed. (2) Is operated with emissions less (c) When a double block and bleed than 500 ppm above background as de- system is being used, the bleed valve or termined by the method specified in line may remain open during oper- § 265.1063(c). ations that require venting the line be- (3) Is tested for compliance with tween the block valves but shall com- paragraph (f)(2) of this section initially ply with paragraph (a) of this section upon designation, annually, and at at all other times. other times as requested by the Re- gional Administrator. § 265.1057 Standards: Valves in gas/ (g) Any valve that is designated, as vapor service or in light liquid serv- described in § 265.1064(h)(1), as an un- ice. safe-to-monitor valve is exempt from (a) Each valve in gas/vapor or light the requirements of paragraph (a) of liquid service shall be monitored this section if: monthly to detect leaks by the meth- (1) The owner or operator of the valve ods specified in § 265.1063(b) and shall determines that the valve is unsafe to comply with paragraphs (b) through (e) monitor because monitoring personnel of this section, except as provided in would be exposed to an immediate dan- paragraphs (f), (g), and (h) of this sec- ger as a consequence of complying with tion, and §§ 265.1061 and 265.1062. paragraph (a) of this section. (b) If an instrument reading of 10,000 (2) The owner or operator of the valve ppm or greater is measured, a leak is adheres to a written plan that requires detected. monitoring of the valve as frequently (c)(1) Any valve for which a leak is as practicable during safe-to-monitor not detected for two successive months times. may be monitored the first month of (h) Any valve that is designated, as every succeeding quarter, beginning described in § 265.1064(h)(2), as a dif- ficult-to-monitor valve is exempt from with the next quarter, until a leak is the requirements of paragraph (a) of detected. this section if: (2) If a leak is detected, the valve (1) The owner or operator of the valve shall be monitored monthly until a determines that the valve cannot be leak is not detected for 2 successive monitored without elevating the moni- months. toring personnel more than 2 meters (d)(1) When a leak is detected, it above a support surface. shall be repaired as soon as practicable, (2) The hazardous waste management but no later than 15 calendar days after unit within which the valve is located the leak is detected, except as provided was in operation before June 21, 1990. in § 265.1059. (3) The owner or operator of the valve (2) A first attempt at repair shall be follows a written plan that requires made no later than 5 calendar days monitoring of the valve at least once after each leak is detected. per calendar year. (e) First attempts at repair include, but are not limited to, the following § 265.1058 Standards: Pumps and best practices where practicable: valves in heavy liquid service, pres- (1) Tightening of bonnet bolts. sure relief devices in light liquid or (2) Replacement of bonnet bolts. heavy liquid service, and flanges (3) Tightening of packing gland nuts. and other connectors. (4) Injection of lubricant into lubri- (a) Pumps and valves in heavy liquid cated packing. service, pressure relief devices in light
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liquid or heavy liquid service, and and destroyed or recovered in a control flanges and other connectors shall be device complying with § 265.1060. monitored within 5 days by the method (d) Delay of repair for pumps will be specified in § 265.1063(b) if evidence of a allowed if: potential leak is found by visual, audi- (1) Repair requires the use of a dual ble, olfactory, or any other detection mechanical seal system that includes a method. barrier fluid system. (b) If an instrument reading of 10,000 (2) Repair is completed as soon as ppm or greater is measured, a leak is practicable, but not later than 6 detected. months after the leak was detected. (c)(1) When a leak is detected, it shall (e) Delay of repair beyond a haz- be repaired as soon as practicable, but ardous waste management unit shut- not later than 15 calendar days after it down will be allowed for a valve if is detected, except as provided in valve assembly replacement is nec- § 265.1059. essary during the hazardous waste (2) The first attempt at repair shall management unit shutdown, valve as- be made no later than 5 calendar days sembly supplies have been depleted, after each leak is detected. and valve assembly supplies had been (d) First attempts at repair include, sufficiently stocked before the supplies but are not limited to, the best prac- were depleted. Delay of repair beyond tices described under § 265.1057(e). the next hazardous waste management (e) Any connector that is inaccessible unit shutdown will not be allowed un- or is ceramic or ceramic-lined (e.g., less the next hazardous waste manage- porcelain, glass, or glass-lined) is ex- ment unit shutdown occurs sooner than empt from the monitoring require- 6 months after the first hazardous ments of paragraph (a) of this section waste management unit shutdown. and from the recordkeeping require- ments of § 265.1064 of this subpart. § 265.1060 Standards: Closed-vent sys- [55 FR 25512, June 21, 1990, as amended at 61 tems and control devices. FR 59971, Nov. 25, 1996] (a) Owners and operators of closed- vent systems and control devices sub- § 265.1059 Standards: Delay of repair. ject to this subpart shall comply with (a) Delay of repair of equipment for the provisions of § 265.1033 of this part. which leaks have been detected will be (b)(1) The owner or operator of an ex- allowed if the repair is technically in- isting facility who can not install a feasible without a hazardous waste closed-vent system and control device management unit shutdown. In such a to comply with the provisions of this case, repair of this equipment shall subpart on the effective date that the occur before the end of the next haz- facility becomes subject to the provi- ardous waste management unit shut- sions of this subpart must prepare an down. implementation schedule that includes (b) Delay of repair of equipment for dates by which the closed-vent system which leaks have been detected will be and control device will be installed and allowed for equipment that is isolated in operation. The controls must be in- from the hazardous waste management stalled as soon as possible, but the im- unit and that does not continue to con- plementation schedule may allow up to tain or contact hazardous waste with 30 months after the effective date that organic concentrations at least 10 per- the facility becomes subject to this cent by weight. subpart for installation and startup. (c) Delay of repair for valves will be (2) Any units that begin operation allowed if: after December 21, 1990, and are subject (1) The owner or operator determines to the provisions of this subpart when that emissions of purged material re- operation begins, must comply with sulting from immediate repair are the rules immediately (i.e., must have greater than the emissions likely to re- control devices installed and operating sult from delay of repair. on startup of the affected unit); the 30- (2) When repair procedures are ef- month implementation schedule does fected, the purged material is collected not apply.
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(3) The owner or operator of any fa- (1) A performance test as specified in cility in existence on the effective date paragraph (c) of this section shall be of a statutory or EPA regulatory conducted initially upon designation, amendment that renders the facility annually, and at other times requested subject to this subpart shall comply by the Regional Administrator. with all requirements of this subpart (2) If a valve leak is detected, it shall as soon as practicable but no later than be repaired in accordance with § 265.1057 30 months after the amendment’s effec- (d) and (e). tive date. When control equipment re- (c) Performance tests shall be con- quired by this subpart can not be in- ducted in the following manner: stalled and begin operation by the ef- (1) All valves subject to the require- fective date of the amendment, the fa- ments in § 265.1057 within the hazardous cility owner or operator shall prepare waste management unit shall be mon- an implementation schedule that in- itored within 1 week by the methods cludes the following information: Spe- specified in § 265.1063(b). cific calendar dates for award of con- (2) If an instrument reading of 10,000 tracts or issuance of purchase orders ppm or greater is measured, a leak is for the control equipment, initiation of detected. on-site installation of the control (3) The leak percentage shall be de- equipment, completion of the control termined by dividing the number of equipment installation, and perform- valves subject to the requirements in ance of any testing to demonstrate § 265.1057 for which leaks are detected that the installed equipment meets the by the total number of valves subject applicable standards of this subpart. to the requirements in § 265.1057 within The owner or operator shall enter the the hazardous waste management unit. implementation schedule in the oper- [55 FR 25512, June 21, 1990, as amended at 71 ating record or in a permanent, readily FR 16912, Apr. 4, 2006] available file located at the facility. (4) Owners and operators of facilities § 265.1062 Alternative standards for and units that become newly subject to valves in gas/vapor service or in light liquid service: skip period leak the requirements of this subpart after detection and repair. December 8, 1997 due to an action other than those described in paragraph (b)(3) (a) An owner or operator subject to of this section must comply with all the requirements of § 265.1057 may elect applicable requirements immediately for all valves within a hazardous waste (i.e., must have control devices in- management unit to comply with one stalled and operating on the date the of the alternative work practices speci- facility or unit becomes subject to this fied in paragraphs (b) (2) and (3) of this subpart; the 30-month implementation section. schedule does not apply). (b)(1) An owner or operator shall comply with the requirements for [62 FR 64662, Dec. 8, 1997] valves, as described in § 265.1057, except as described in paragraphs (b)(2) and § 265.1061 Alternative standards for (b)(3) of this section. valves in gas/vapor service or in (2) After two consecutive quarterly light liquid service: percentage of leak detection periods with the per- valves allowed to leak. centage of valves leaking equal to or (a) An owner or operator subject to less than 2 percent, an owner or oper- the requirements of § 265.1057 may elect ator may begin to skip one of the quar- to have all valves within a hazardous terly leak detection periods (i.e., mon- waste management unit comply with itor for leaks once every six months) an alternative standard which allows for the valves subject to the require- no greater than 2 percent of the valves ments in § 265.1057 of this subpart. to leak. (3) After five consecutive quarterly (b) The following requirements shall leak detection periods with the per- be met if an owner or operator decides centage of valves leaking equal to or to comply with the alternative stand- less than 2 percent, an owner or oper- ard of allowing 2 percent of valves to ator may begin to skip three of the leak: quarterly leak detection periods (i.e.,
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monitor for leaks once every year) for (3) The instrument probe shall be tra- the valves subject to the requirements versed around all potential leak inter- in § 265.1057 of this subpart. faces as close to the interface as (4) If the percentage of valves leaking possible as described in Reference is greater than 2 percent, the owner or Method 21. operators shall monitor monthly in (4) The arithmetic difference between compliance with the requirements in the maximum concentration indicated § 265.1057, but may again elect to use by the instrument and the background this section after meeting the require- level is compared with 500 ppm for de- ments of § 265.1057(c)(1). termining compliance. (d) In accordance with the waste [55 FR 25512, June 21, 1990, as amended at 62 analysis plan required by § 265.13(b), an FR 64662, Dec. 8, 1997; 71 FR 16912, Apr. 4, 2006] owner or operator of a facility must de- termine, for each piece of equipment, § 265.1063 Test methods and proce- whether the equipment contains or dures. contacts a hazardous waste with or- ganic concentration that equals or ex- (a) Each owner or operator subject to ceeds 10 percent by weight using the the provisions of this subpart shall following: comply with the test methods and pro- (1) Methods described in ASTM Meth- cedures requirements provided in this ods D 2267–88, E 169–87, E 168–88, E 260– section. 85 (incorporated by reference under (b) Leak detection monitoring, as re- § 260.11); quired in §§ 265.1052 through 265.1062, (2) Method 9060A (incorporated by shall comply with the following re- reference under § 260.11 of this chapter) quirements: of ‘‘Test Methods for Evaluating Solid (1) Monitoring shall comply with Ref- Waste,’’ EPA Publication SW–846 or erence Method 21 in 40 CFR part 60. analyzed for its individual organic con- (2) The detection instrument shall stituents; or meet the performance criteria of Ref- (3) Application of the knowledge of erence Method 21. the nature of the hazardous waste (3) The instrument shall be cali- stream or the process by which it was brated before use on each day of its use produced. Documentation of a waste by the procedures specified in Ref- determination by knowledge is re- erence Method 21. quired. Examples of documentation (4) Calibration gases shall be: that shall be used to support a deter- (i) Zero air (less than 10 ppm of hy- mination under this provision include drocarbon in air). production process information docu- (ii) A mixture of methane or n- menting that no organic compounds hexane and air at a concentration of are used, information that the waste is approximately, but less than, 10,000 generated by a process that is identical ppm methane or n-hexane. to a process at the same or another fa- (5) The instrument probe shall be tra- cility that has previously been dem- versed around all potential leak inter- onstrated by direct measurement to faces as close to the interface as have a total organic content less than possible as described in Reference 10 percent, or prior speciation analysis Method 21. results on the same waste stream (c) When equipment is tested for where it can also be documented that compliance with no detectable emis- no process changes have occurred since sions, as required in §§ 265.1052(e), that analysis that could affect the 265.1053(i), 265.1054, and 265.1057(f), the waste total organic concentration. test shall comply with the following (e) If an owner or operator deter- requirements: mines that a piece of equipment con- (1) The requirements of paragraphs tains or contacts a hazardous waste (b) (1) through (4) of this section shall with organic concentrations at least 10 apply. percent by weight, the determination (2) The background level shall be de- can be revised only after following the termined, as set forth in Reference procedures in paragraph (d)(1) or (d)(2) Method 21. of this section.
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(f) When an owner or operator and (iv) Percent-by-weight total organics the Regional Administrator do not in the hazardous waste stream at the agree on whether a piece of equipment equipment. contains or contacts a hazardous waste (v) Hazardous waste state at the with organic concentrations at least 10 equipment (e.g., gas/vapor or liquid). percent by weight, the procedures in (vi) Method of compliance with the paragraph (d)(1) or (d)(2) of this section standard (e.g., ‘‘monthly leak detection can be used to resolve the dispute. and repair’’ or ‘‘equipped with dual me- (g) Samples used in determining the chanical seals’’). percent organic content shall be rep- (2) For facilities that comply with resentative of the highest total organic the provisions of § 265.1033(a)(2), an im- content hazardous waste that is ex- plementation schedule as specified in pected to be contained in or contact § 265.1033(a)(2). the equipment. (3) Where an owner or operator (h) To determine if pumps or valves chooses to use test data to dem- are in light liquid service, the vapor onstrate the organic removal efficiency pressures of constituents may be ob- or total organic compound concentra- tained from standard reference texts or tion achieved by the control device, a may be determined by ASTM D–2879–86 performance test plan as specified in (incorporated by reference under § 265.1035(b)(3). § 260.11). (4) Documentation of compliance (i) Performance tests to determine if with § 265.1060, including the detailed a control device achieves 95 weight per- design documentation or performance cent organic emission reduction shall test results specified in § 265.1035(b)(4). comply with the procedures of § 265.1034 (c) When each leak is detected as (c)(1) through (c)(4). specified in §§ 265.1052, 265.1053, 265.1057, [55 FR 25512, June 21, 1990, as amended at 62 and 265.1058, the following require- FR 32463, June 13, 1997; 70 FR 34586, June 14, ments apply: 2005; 71 FR 40276, July 14, 2006] (1) A weatherproof and readily visible § 265.1064 Recordkeeping require- identification, marked with the equip- ments. ment identification number, the date evidence of a potential leak was found (a)(1) Each owner or operator subject in accordance with § 265.1058(a), and the to the provisions of this subpart shall date the leak was detected, shall be at- comply with the recordkeeping re- tached to the leaking equipment. quirements of this section. (2) The identification on equipment, (2) An owner or operator of more except on a valve, may be removed than one hazardous waste management after it has been repaired. unit subject to the provisions of this subpart may comply with the record- (3) The identification on a valve may keeping requirements for these haz- be removed after it has been monitored ardous waste management units in one for 2 successive months as specified in recordkeeping system if the system § 265.1057(c) and no leak has been de- identifies each record by each haz- tected during those 2 months. ardous waste management unit. (d) When each leak is detected as (b) Owners and operators must record specified in §§ 265.1052, 265.1053, 265.1057, the following information in the facil- and 265.1058, the following information ity operating record: shall be recorded in an inspection log (1) For each piece of equipment to and shall be kept in the facility oper- which subpart BB of part 265 applies: ating record: (i) Equipment identification number (1) The instrument and operator iden- and hazardous waste management unit tification numbers and the equipment identification. identification number. (ii) Approximate locations within the (2) The date evidence of a potential facility (e.g., identify the hazardous leak was found in accordance with waste management unit on a facility § 265.1058(a). plot plan). (3) The date the leak was detected (iii) Type of equipment (e.g., a pump and the dates of each attempt to repair or pipeline valve). the leak.
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(4) Repair methods applied in each above background, under the provi- attempt to repair the leak. sions of §§ 265.1052(e), 265.1053(i), and (5) ‘‘Above 10,000’’ if the maximum in- 265.1057(f). strument reading measured by the (ii) The designation of this equip- methods specified in § 265.1063(b) after ment as subject to the requirements of each repair attempt is equal to or §§ 265.1052(e), 265.1053(i), or 265.1057(f) greater than 10,000 ppm. shall be signed by the owner or (6) ‘‘Repair delayed’’ and the reason operator. for the delay if a leak is not repaired (3) A list of equipment identification within 15 calendar days after discovery numbers for pressure relief devices re- of the leak. quired to comply with § 265.1054(a). (7) Documentation supporting the (4)(i) The dates of each compliance delay of repair of a valve in compliance test required in §§ 265.1052(e), 265.1053(i), with § 265.1059(c). 265.1054, and 265.1057(f). (8) The signature of the owner or op- (ii) The background level measured erator (or designate) whose decision it during each compliance test. was that repair could not be effected (iii) The maximum instrument read- without a hazardous waste manage- ing measured at the equipment during ment unit shutdown. each compliance test. (9) The expected date of successful re- (5) A list of identification numbers pair of the leak if a leak is not repaired for equipment in vacuum service. within 15 calendar days. (6) Identification, either by list or lo- (10) The date of successful repair of cation (area or group) of equipment the leak. that contains or contacts hazardous (e) Design documentation and moni- waste with an organic concentration of toring, operating, and inspection infor- at least 10 percent by weight for less mation for each closed-vent system and than 300 hours per calendar year. control device required to comply with (h) The following information per- the provisions of § 265.1060 shall be re- taining to all valves subject to the re- corded and kept up-to-date in the quirements of § 265.1057 (g) and (h) shall facility operating record as specified in be recorded in a log that is kept in the § 265.1035(c). Design documentation is facility operating record: specified in § 265.1035 (c)(1) and (c)(2) (1) A list of identification numbers and monitoring, operating, and for valves that are designated as unsafe inspection information in § 265.1035 to monitor, an explanation for each (c)(3)–(c)(8). valve stating why the valve is unsafe (f) For a control device other than a to monitor, and the plan for moni- thermal vapor incinerator, catalytic toring each valve. vapor incinerator, flare, boiler, process (2) A list of identification numbers heater, condenser, or carbon adsorption for valves that are designated as dif- system, monitoring and inspection in- ficult to monitor, an explanation for formation indicating proper operation each valve stating why the valve is dif- and maintenance of the control device ficult to monitor, and the planned must be recorded in the facility oper- schedule for monitoring each valve. ating record. (i) The following information shall be (g) The following information per- recorded in the facility operating taining to all equipment subject to the record for valves complying with requirements in §§ 265.1052 through § 265.1062: 265.1060 shall be recorded in a log that (1) A schedule of monitoring. is kept in the facility operating record: (2) The percent of valves found leak- (1) A list of identification numbers ing during each monitoring period. for equipment (except welded fittings) (j) The following information shall be subject to the requirements of this recorded in a log that is kept in the fa- subpart. cility operating record: (2)(i) A list of identification numbers (1) Criteria required in §§ 265.1052 for equipment that the owner or oper- (d)(5)(ii) and 265.1053(e)(2) and an expla- ator elects to designate for no detect- nation of the criteria. able emissions, as indicated by an in- (2) Any changes to these criteria and strument reading of less than 500 ppm the reasons for the changes.
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(k) The following information shall kept with or made readily available be recorded in a log that is kept in the with the facility operating record. facility operating record for use in de- [55 FR 25512, June 21, 1990, as amended at 56 termining exemptions as provided in FR 19290, Apr. 26, 1991; 61 FR 59971, Nov. 25, the applicability section of this sub- 1996; 62 FR 64662, Dec. 8, 1997] part and other specific subparts: (1) An analysis determining the de- §§ 265.1065–265.1079 [Reserved] sign capacity of the hazardous waste management unit. Subpart CC—Air Emission Stand- (2) A statement listing the hazardous ards for Tanks, Surface Im- waste influent to and effluent from poundments, and Containers each hazardous waste management unit subject to the requirements in SOURCE: 59 FR 62935, Dec. 6, 1994, unless §§ 265.1052 through 265.1060 and an anal- otherwise noted. ysis determining whether these haz- § 265.1080 Applicability. ardous wastes are heavy liquids. (3) An up-to-date analysis and the (a) The requirements of this subpart supporting information and data used apply to owners and operators of all fa- cilities that treat, store, or dispose of to determine whether or not equipment hazardous waste in tanks, surface im- is subject to the requirements in poundments, or containers subject to §§ 265.1052 through 265.1060. The record either subpart I, J, or K of this part ex- shall include supporting documenta- cept as § 265.1 and paragraph (b) of this tion as required by § 265.1063(d)(3) when section provide otherwise. application of the knowledge of the na- (b) The requirements of this subpart ture of the hazardous waste stream or do not apply to the following waste the process by which it was produced is management units at the facility: used. If the owner or operator takes (1) A waste management unit that any action (e.g., changing the process holds hazardous waste placed in the that produced the waste) that could re- unit before December 6, 1996, and in sult in an increase in the total organic which no hazardous waste is added to content of the waste contained in or the unit on or after December 6, 1996. contacted by equipment determined (2) A container that has a design ca- not to be subject to the requirements pacity less than or equal to 0.1 m3. in §§ 265.1052 through 265.1060, then a (3) A tank in which an owner or oper- new determination is required. ator has stopped adding hazardous waste and the owner or operator has (l) Records of the equipment leak in- begun implementing or completed clo- formation required by paragraph (d) of sure pursuant to an approved closure this section and the operating informa- plan. tion required by paragraph (e) of this (4) A surface impoundment in which section need be kept only 3 years. an owner or operator has stopped add- (m) The owner or operator of any fa- ing hazardous waste (except to imple- cility with equipment that is subject to ment an approved closure plan) and the this subpart and to leak detection, owner or operator has begun imple- monitoring, and repair requirements menting or completed closure pursuant under regulations at 40 CFR part 60, to an approved closure plan. part 61, or part 63 may elect to deter- (5) A waste management unit that is mine compliance with this subpart ei- used solely for on-site treatment or ther by documentation pursuant to storage of hazardous waste that is § 265.1064 of this subpart, or by docu- placed in the unit as a result of imple- mentation of compliance with the reg- menting remedial activities required ulations at 40 CFR part 60, part 61, or under the corrective action authorities of RCRA sections 3004(u), 3004(v), or part 63 pursuant to the relevant provi- 3008(h); CERCLA authorities; or similar sions of the regulations at 40 part 60, Federal or State authorities. part 61, or part 63. The documentation (6) A waste management unit that is of compliance under regulation at 40 used solely for the management of ra- CFR part 60, part 61, or part 63 shall be dioactive mixed waste in accordance
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with all applicable regulations under mal decomposition at or below ambient the authority of the Atomic Energy temperatures, and that organic perox- Act and the Nuclear Waste Policy Act. ides are the predominant products (7) A hazardous waste management manufactured by the process. For the unit that the owner or operator cer- purpose of meeting the conditions of tifies is equipped with and operating this paragraph, ‘‘organic peroxide’’ air emission controls in accordance means an organic compound that con- with the requirements of an applicable tains the bivalent -O-O- structure and Clean Air Act regulation codified under which may be considered to be a struc- 40 CFR part 60, part 61, or part 63. For tural derivative of hydrogen peroxide the purpose of complying with this where one or both of the hydrogen paragraph, a tank for which the air atoms has been replaced by an organic emission control includes an enclosure, radical. as opposed to a cover, must be in com- (2) The owner or operator prepares pliance with the enclosure and control documentation, in accordance with the device requirements of § 265.1085(i), ex- cept as provided in § 265.1083(c)(5). requirements of § 265.1090(i) of this sub- (8) A tank that has a process vent as part, explaining why an undue safety defined in 40 CFR 264.1031. hazard would be created if air emission (c) For the owner and operator of a controls specified in §§ 265.1085 through facility subject to this subpart who has 265.1088 of this subpart are installed received a final permit under RCRA and operated on the tanks and con- section 3005 prior to December 6, 1996, tainers used at the facility to manage the following requirements apply: the hazardous waste generated by the (1) The requirements of 40 CFR part organic peroxide manufacturing proc- 264, subpart CC shall be incorporated ess or processes meeting the conditions into the permit when the permit is re- of paragraph (d)(1) of this section. issued in accordance with the require- (3) The owner or operator notifies the ments of 40 CFR 124.15 or reviewed in Regional Administrator in writing that accordance with the requirements of 40 hazardous waste generated by an or- CFR 270.50(d). ganic peroxide manufacturing process (2) Until the date when the permit is or processes meeting the conditions of reissued in accordance with the re- paragraph (d)(1) of this section are quirements of 40 CFR 124.15 or reviewed managed at the facility in tanks or in accordance with the requirements of containers meeting the conditions of 40 CFR 270.50(d), the owner and oper- paragraph (d)(2) of this section. The no- ator is subject to the requirements of tification shall state the name and ad- this subpart. dress of the facility, and be signed and (d) The requirements of this subpart, dated by an authorized representative except for the recordkeeping require- of the facility owner or operator. ments specified in § 265.1090(i) of this (e)(1) Except as provided in paragraph subpart, are administratively stayed (e)(2) of this section, the requirements for a tank or a container used for the of this subpart do not apply to the management of hazardous waste gen- erated by organic peroxide manufac- pharmaceutical manufacturing facil- turing and its associated laboratory ity, commonly referred to as the operations when the owner or operator Stonewall Plant, located at Route 340 of the unit meets all of the following South, Elkton, Virginia, provided that conditions: facility is operated in compliance with (1) The owner or operator identifies the requirements contained in a Clean that the tank or container receives Air Act permit issued pursuant to 40 hazardous waste generated by an or- CFR 52.2454. The requirements of this ganic peroxide manufacturing process subpart shall apply to the facility upon producing more than one functional termination of the Clean Air Act per- family of organic peroxides or multiple mit issued pursuant to 40 CFR 52.2454. organic peroxides within one func- (2) Notwithstanding paragraph (e)(1) tional family, that one or more of of this section, any hazardous waste these organic peroxides could poten- surface impoundment operated at the tially undergo self-accelerating ther- Stonewall Plant is subject to the
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standards in § 265.1086 and all require- polyether production service, the re- ments related to hazardous waste sur- quirements referenced in paragraph face impoundments that are referenced (f)(1)(iii) of this section are tempo- in or by § 265.1086, including the closed- rarily deferred, with respect to the two vent system and control device require- hazardous waste surface impound- ments of § 265.1088 and the record- ments, provided that the Sistersville keeping requirements of § 265.1090(c). Plant is in compliance with the re- (f) This section applies only to the fa- quirements of paragraphs (f)(2)(vi), and cility commonly referred to as the OSi (g) of this section. The temporary de- Specialties Plant, located on State ferral of the previous sentence shall be Route 2, Sistersville, West Virginia effective beginning on the date the (‘‘Sistersville Plant’’). Sistersville Plant receives written no- (1)(i) Provided that the Sistersville tification of revocation, and continuing Plant is in compliance with the re- for a maximum period of 18 months quirements of paragraph (f)(2) of this from that date, provided that the section, the requirements referenced in Sistersville Plant is in compliance paragraph (f)(1)(iii) of this section are with the requirements of paragraphs temporarily deferred, as specified in (f)(2)(vi) and (g) of this section at all paragraph (f)(3) of this section, with re- times during that 18-month period. In spect to the two hazardous waste sur- no event shall the temporary deferral face impoundments at the Sistersville continue to be effective after the MON Plant. Beginning on the date that para- Compliance Date. graph (f)(1)(ii) of this section is first (iii) The standards in § 265.1086 of this implemented, the temporary deferral part, and all requirements referenced of this paragraph shall no longer be ef- in or by § 265.1086 that otherwise would fective. apply to the two hazardous waste sur- (ii)(A) In the event that a notice of face impoundments, including the revocation is issued pursuant to para- closed-vent system and control device graph (f)(3)(iv) of this section, the re- requirements of § 265.1088 of this part. quirements referenced in paragraph (2) Notwithstanding the effective pe- (f)(1)(iii) of this section are tempo- riod and revocation provisions in para- rarily deferred, with respect to the two graph (f)(3) of this section, the tem- hazardous waste surface impound- porary deferral provided in paragraph ments, provided that the Sistersville (f)(1)(i) of this section is effective only Plant is in compliance with the re- if the Sistersville Plant meets the re- quirements of paragraphs (f)(2)(ii), quirements of paragraph (f)(2) of this (f)(2)(iii), (f)(2)(iv), (f)(2)(v), (f)(2)(vi) section. and (g) of this section, except as pro- (i) The Sistersville Plant shall install vided under paragraph (f)(1)(ii)(B) of an air pollution control device on the this section. The temporary deferral of polyether methyl capper unit (‘‘capper the previous sentence shall be effective unit’’), implement a methanol recovery beginning on the date the Sistersville operation, and implement a waste Plant receives written notification of minimization/pollution prevention revocation, and continuing for a max- (‘‘WMPP’’) project. The installation imum period of 18 months from that and implementation of these require- date, provided that the Sistersville ments shall be conducted according to Plant is in compliance with the re- the schedule described in paragraphs quirements of paragraphs (f)(2)(ii), (f)(2)(i) and (f)(2)(vi) of this section. (f)(2)(iii), (f)(2)(iv), (f)(2)(v), (f)(2)(vi) (A) The Sistersville Plant shall com- and (g) of this section at all times dur- plete the initial start-up of a thermal ing that 18-month period. In no event incinerator on the capper unit’s proc- shall the temporary deferral continue ess vents from the first stage vacuum to be effective after the MON Compli- pump, from the flash pot and surge ance Date. tank, and from the water stripper, no (B) In the event that a notification of later than April 1, 1998. revocation is issued pursuant to para- (B) The Sistersville Plant shall pro- graph (f)(3)(iv) of this section as a re- vide to the EPA and the West Virginia sult of the permanent removal of the Department of Environmental Protec- capper unit from methyl capped tion, written notification of the actual
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date of initial start-up of the thermal (B) The Sistersville Plant shall com- incinerator, and commencement of the ply with the requirements of para- methanol recovery operation. The graphs (f)(2)(ii)(B)(1) through Sistersville Plant shall submit this (f)(2)(ii)(B)(3) of this section for per- written notification as soon as prac- formance testing and monitoring of the ticable, but in no event later than 15 capper unit process vent thermal incin- days after such events. erator. (ii) The Sistersville Plant shall in- (1) Within 120 days after thermal in- stall and operate the capper unit proc- cinerator initial start-up, the ess vent thermal incinerator according Sistersville Plant shall conduct a per- to the requirements of paragraphs formance test to determine the min- (f)(2)(ii)(A) through (f)(2)(ii)(D) of this imum temperature at which compli- section. ance with the emission reduction re- (A) Capper unit process vent thermal quirement specified in paragraph (f)(4) incinerator. of this section is achieved. This deter- (1) Except as provided under para- mination shall be made by measuring graph (f)(2)(ii)(D) of this section, the TOC minus methane and ethane, ac- Sistersville Plant shall operate the cording to the procedures specified in process vent thermal incinerator such paragraph (f)(2)(ii)(B) of this section. that the incinerator reduces the total (2) The Sistersville Plant shall con- organic compounds (‘‘TOC’’) from the duct the initial performance test in ac- process vent streams identified in para- cordance with the standards set forth graph (f)(2)(i)(A) of this section, by 98 in paragraph (f)(4) of this section. weight-percent, or to a concentration (3) Upon initial start-up, the of 20 parts per million by volume, on a Sistersville Plant shall install, cali- dry basis, corrected to 3 percent oxy- brate, maintain and operate, according gen, whichever is less stringent. to manufacturer’s specifications and in (i) Prior to conducting the initial a manner consistent with good engi- performance test required under para- neering practices, the monitoring graph (f)(2)(ii)(B) of this section, the equipment described in paragraphs Sistersville Plant shall operate the (f)(2)(ii)(B)(3)(i) through thermal incinerator at or above a min- (f)(2)(ii)(B)(3)(iii) of this section. imum temperature of 1600 Fahrenheit. (i) A temperature monitoring device (ii) After the initial performance test equipped with a continuous recorder. required under paragraph (f)(2)(ii)(B) of The temperature monitoring device this section, the Sistersville Plant shall be installed in the firebox or in shall operate the thermal incinerator the duct work immediately down- at or above the minimum temperature stream of the firebox in a position be- established during that initial perform- fore any substantial heat exchange is ance test. encountered. (iii) The Sistersville Plant shall oper- (ii) A flow indicator that provides a ate the process vent thermal inciner- record of vent stream flow to the incin- ator at all times that the capper unit is erator at least once every fifteen min- being operated to manufacture prod- utes. The flow indicator shall be in- uct. stalled in the vent stream from the (2) The Sistersville Plant shall in- process vent at a point closest to the stall, calibrate, and maintain all air inlet of the incinerator. pollution control and monitoring (iii) If the closed-vent system in- equipment described in paragraphs cludes bypass devices that could be (f)(2)(i)(A) and (f)(2)(ii)(B)(3) of this sec- used to divert the gas or vapor stream tion, according to the manufacturer’s to the atmosphere before entering the specifications, or other written proce- control device, each bypass device shall dures that provide adequate assurance be equipped with either a bypass flow that the equipment can reasonably be indicator or a seal or locking device as expected to control and monitor accu- specified in this paragraph. For the rately, and in a manner consistent purpose of complying with this para- with good engineering practices during graph, low leg drains, high point all periods when emissions are routed bleeds, analyzer vents, open-ended to the unit. valves or lines, spring-loaded pressure
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relief valves, and other fittings used for through (f)(2)(ii)(D)(6) of this section, safety purposes are not considered to with respect to the capper unit process be bypass devices. If a bypass flow indi- vent incinerator. cator is used to comply with this para- (1) The Sistersville Plant shall de- graph, the bypass flow indicator shall velop and implement a Start-up, Shut- be installed at the inlet to the bypass down and Malfunction Plan as required line used to divert gases and vapors by the provisions set forth in para- from the closed-vent system to the at- graph (f)(2)(ii)(D) of this section. The mosphere at a point upstream of the plan shall describe, in detail, proce- control device inlet. If a seal or locking dures for operating and maintaining device (e.g. car-seal or lock-and-key the thermal incinerator during periods configuration) is used to comply with of start-up, shutdown and malfunction, this paragraph, the device shall be and a program of corrective action for placed on the mechanism by which the malfunctions of the thermal inciner- bypass device position is controlled ator. (e.g., valve handle, damper levels) when (2) The plan shall include a detailed the bypass device is in the closed posi- description of the actions the tion such that the bypass device can- Sistersville Plant will take to perform not be opened without breaking the the functions described in paragraphs seal or removing the lock. The (f)(2)(ii)(D)(2)(i) through Sistersville Plant shall visually inspect (f)(2)(ii)(D)(2)(iii) of this section. the seal or locking device at least once (i) Ensure that the thermal inciner- every month to verify that the bypass ator is operated in a manner consistent mechanism is maintained in the closed with good air pollution control prac- position. tices. (C) The Sistersville Plant shall keep (ii) Ensure that the Sistersville Plant on-site an up-to-date, readily acces- is prepared to correct malfunctions as sible record of the information de- soon as practicable after their occur- scribed in paragraphs (f)(2)(ii)(C)(1) rence in order to minimize excess emis- through (f)(2)(ii)(C)(4) of this section. sions. (1) Data measured during the initial (iii) Reduce the reporting require- performance test regarding the firebox ments associated with periods of start- temperature of the incinerator and the up, shutdown and malfunction. percent reduction of TOC achieved by (3) During periods of start-up, shut- the incinerator, and/or such other in- down and malfunction, the Sistersville formation required in addition to or in Plant shall maintain the process unit lieu of that information by the WVDEP and the associated thermal incinerator in its approval of equivalent test meth- in accordance with the procedures set ods and procedures. forth in the plan. (2) Continuous records of the equip- (4) The plan shall contain record ment operating procedures specified to keeping requirements relating to peri- be monitored under paragraph ods of start-up, shutdown or malfunc- (f)(2)(ii)(B)(3) of this section, as well as tion, actions taken during such periods records of periods of operation during in conformance with the plan, and any which the firebox temperature falls failures to act in conformance with the below the minimum temperature es- plan during such periods. tablished under paragraph (5) During periods of maintenance or (f)(2)(ii)(A)(1) of this section. malfunction of the thermal inciner- (3) Records of all periods during ator, the Sistersville Plant may con- which the vent stream has no flow rate tinue to operate the capper unit, pro- to the extent that the capper unit is vided that operation of the capper unit being operated during such period. without the thermal incinerator shall (4) Records of all periods during be limited to no more than 240 hours which there is flow through a bypass each calendar year. device. (6) For the purposes of paragraph (D) The Sistersville Plant shall com- (f)(2)(iii)(D) of this section, the ply with the start-up, shutdown, main- Sistersville Plant may use its oper- tenance and malfunction requirements ating procedures manual, or a plan de- contained in paragraphs (f)(2)(ii)(D)(1) veloped for other reasons, provided
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that plan meets the requirements of pleted as soon as possible but no later paragraph (f)(2)(iii)(D) of this section than forty-five (45) calendar days after for the start-up, shutdown and mal- detection. function plan. (ii) The Sistersville Plant shall main- (iii) The Sistersville Plant shall oper- tain a record of the defect repair in ac- ate the closed-vent system in accord- cordance with the requirements speci- ance with the requirements of para- fied in paragraph (f)(2)(iii)(D) of this graphs (f)(2)(iii)(A) through (f)(2)(iii)(D) section. of this section. (D) The Sistersville Plant shall keep (A) Closed-vent system. on-site up-to-date, readily accessible (1) At all times when the process vent records of the inspections and repairs thermal incinerator is operating, the required to be performed by paragraph Sistersville Plant shall route the vent (f)(2)(iii) of this section. streams identified in paragraph (f)(2)(i) (iv) The Sistersville Plant shall oper- of this section from the capper unit to ate the methanol recovery operation in the thermal incinerator through a accordance with paragraphs closed-vent system. (f)(2)(iv)(A) through (f)(2)(iv)(C) of this (2) The closed-vent system will be de- section. signed for and operated with no detect- (A) The Sistersville Plant shall oper- able emissions, as defined in paragraph ate the condenser associated with the (f)(6) of this section. methanol recovery operation at all (B) The Sistersville Plant will com- times during which the capper unit is ply with the performance standards set being operated to manufacture prod- forth in paragraph (f)(2)(iii)(A)(1) of uct. this section on and after the date on (B) The Sistersville Plant shall com- which the initial performance test ref- ply with the monitoring requirements erenced in paragraph (f)(2)(ii)(B) of this described in paragraphs (f)(2)(B)(1) section is completed, but no later than through (f)(2)(B)(3) of this section, with sixty (60) days after the initial start-up respect to the methanol recovery oper- date. ation. (C) The Sistersville Plant shall com- (1) The Sistersville Plant shall per- ply with the monitoring requirements form measurements necessary to deter- of paragraphs (f)(2)(iii)(C)(1) through mine the information described in (f)(2)(iii)(C)(3) of this section, with re- paragraphs (f)(2)(iv)(B)(1)(i) and spect to the closed-vent system. (f)(2)(iv)(B)(1)(ii) of this section to dem- (1) At the time of the performance onstrate the percentage recovery by test described in paragraph (f)(2)(ii)(B) weight of the methanol contained in of this section, the Sistersville Plant the influent gas stream to the con- shall inspect the closed-vent system as denser. specified in paragraph (f)(5) of this sec- (i) Information as is necessary to cal- tion. culate the annual amount of methanol (2) At the time of the performance generated by operating the capper unit. test described in paragraph (f)(2)(ii)(B) (ii) The annual amount of methanol of this section, and annually there- recovered by the condenser associated after, the Sistersville Plant shall in- with the methanol recovery operation. spect the closed-vent system for visi- (2) The Sistersville Plant shall in- ble, audible, or olfactory indications of stall, calibrate, maintain and operate leaks. according to manufacturer specifica- (3) If at any time a defect or leak is tions, a temperature monitoring device detected in the closed-vent system, the with a continuous recorder for the con- Sistersville Plant shall repair the de- denser associated with the methanol fect or leak in accordance with the re- recovery operation, as an indicator quirements of paragraphs that the condenser is operating. (f)(2)(iii)(C)(3)(i) and (f)(2)(iii)(C)(3)(ii) (3) The Sistersville Plant shall record of this section. the dates and times during which the (i) The Sistersville Plant shall make capper unit and the condenser are oper- first efforts at repair of the defect no ating. later than five (5) calendar days after (C) The Sistersville Plant shall keep detection, and repair shall be com- on-site up-to-date, readily-accessible
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records of the parameters specified to (C) The Sistersville Plant shall keep be monitored under paragraph on-site up-to-date, readily accessible (f)(2)(iv)(B) of this section. records of the amounts of collected (v) The Sistersville Plant shall com- methanol directed to reuse, recovery, ply with the requirements of para- thermal recovery/treatment and bio- graphs (f)(2)(v)(A) through (f)(2)(v)(C) of treatment necessary for the measure- this section for the disposition of ments required under paragraph methanol collected by the methanol re- (f)(2)(iv)(B) of this section. covery operation. (vi) The Sistersville Plant shall per- (A) On an annual basis, the form a WMPP project in accordance Sistersville Plant shall ensure that a with the requirements and schedules minimum of 95% by weight of the set forth in paragraphs (f)(2)(vi)(A) methanol collected by the methanol re- through (f)(2)(vi)(C) of this section. covery operation (also referred to as (A) In performing the WMPP Project, the ‘‘collected methanol’’) is utilized the Sistersville Plant shall use a Study for reuse, recovery, or thermal recov- Team and an Advisory Committee as ery/treatment. The Sistersville Plant described in paragraphs (f)(2)(vi)(A)(1) may use the methanol on-site, or may through (f)(2)(vi)(A)(6) of this section. transfer or sell the methanol for reuse, (1) At a minimum, the multi-func- recovery, or thermal recovery/treat- tional Study Team shall consist of ment at other facilities. Sistersville Plant personnel from ap- (1) Reuse. To the extent reuse of all propriate plant departments (including of the collected methanol destined for both management and employees) and reuse, recovery, or thermal recovery is an independent contractor. The not economically feasible, the Sistersville Plant shall select a con- Sistersville Plant shall ensure the re- tractor that has experience and train- sidual portion is sent for recovery, as ing in WMPP in the chemical manufac- defined in paragraph (f)(6) of this sec- turing industry. tion, except as provided in paragraph (2) The Sistersville Plant shall direct (f)(2)(v)(A)(2) of this section. the Study Team such that the team (2) Recovery. To the extent that performs the functions described in reuse or recovery of all the collected paragraphs (f)(2)(vi)(A)(2)(i) through methanol destined for reuse, recovery, (f)(2)(vi)(A)(2)(v) of this section. or thermal recovery is not economi- cally feasible, the Sistersville Plant (i) Review Sistersville Plant oper- shall ensure that the residual portion ations and waste streams. is sent for thermal recovery/treatment, (ii) Review prior WMPP efforts at the as defined in paragraph (f)(6) of this Sistersville Plant. section. (iii) Develop criteria for the selection (3) The Sistersville Plant shall ensure of waste streams to be evaluated for that, on an annual basis, no more than the WMPP Project. 5% of the methanol collected by the (iv) Identify and prioritize the waste methanol recovery operation is subject streams to be evaluated during the to bio-treatment. study phase of the WMPP Project, (4) In the event the Sistersville Plant based on the criteria described in para- receives written notification of revoca- graph (f)(2)(vi)(A)(2)(iii) of this section. tion pursuant to paragraph (f)(3)(iv) of (v) Perform the WMPP Study as re- this section, the percent limitations quired by paragraphs (f)(2)(vi)(A)(3) set forth under paragraph (f)(2)(v)(A) of through (f)(2)(vi)(A)(5), paragraph this section shall no longer be applica- (f)(2)(vi)(B), and paragraph (f)(2)(vi)(C) ble, beginning on the date of receipt of of this section. written notification of revocation. (3)(i) The Sistersville Plant shall es- (B) The Sistersville Plant shall per- tablish an Advisory Committee con- form such measurements as are nec- sisting of a representative from EPA, a essary to determine the pounds of col- representative from WVDEP, the lected methanol directed to reuse, re- Sistersville Plant Manager, the covery, thermal recovery/treatment Sistersville Plant Director of Safety, and bio-treatment, respectively, on a Health and Environmental Affairs, and monthly basis. a stakeholder representative(s).
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(ii) The Sistersville Plant shall select (2) The WMPP Study shall evaluate the stakeholder representative(s) by the source, nature, and volume of the mutual agreement of EPA, WVDEP and waste streams; describe all the WMPP the Sistersville Plant no later than 20 opportunities identified by the Study days after receiving from EPA and Team; provide a feasibility screening WVDEP the names of their respective to evaluate the technical and economi- committee members. cal feasibility of each of the WMPP op- (4) The Sistersville Plant shall con- portunities; identify any cross-media vene a meeting of the Advisory Com- impacts or any anticipated transfers of mittee no later than thirty days after risk associated with each feasible selection of the stakeholder represent- WMPP opportunity; and identify the atives, and shall convene meetings pe- projected economic savings and pro- riodically thereafter as necessary for jected quantitative waste reduction es- the Advisory Committee to perform its timates for each WMPP opportunity assigned functions. The Sistersville identified. Plant shall direct the Advisory Com- (3) No later than October 19, 1998, the mittee to perform the functions de- Sistersville Plant shall prepare and scribed in paragraphs (f)(2)(vi)(A)(4)(i) submit to the members of the Advisory through (f)(2)(vi)(A)(4)(iii) of this sec- Committee a draft WMPP Study Re- tion. port which, at a minimum, includes the (i) Review and comment upon the results of the WMPP Study, identifies Study Team’s criteria for selection of WMPP opportunities the Sistersville waste streams, and the Study Team’s Plant determines to be feasible, dis- identification and prioritization of the cusses the basis for excluding other op- waste streams to be evaluated during portunities as not feasible, and makes the WMPP Project. recommendations as to whether the WMPP Study should be continued. The (ii) Review and comment upon the members of the Advisory Committee Study Team progress reports and the shall provide any comments to the draft WMPP Study Report. Sistersville Plant within thirty (30) (iii) Periodically review the effective- days of receiving the WMPP Study Re- ness of WMPP opportunities imple- port. mented as part of the WMPP Project, (C) Within thirty (30) days after re- and, where appropriate, WMPP oppor- ceipt of comments from the members tunities previously determined to be of the Advisory Committee, the infeasible by the Sistersville Plant but Sistersville Plant shall submit to EPA which had potential for feasibility in and WVDEP a final WMPP Study Re- the future. port which identifies those WMPP op- (5) Beginning on January 15, 1998, and portunities the Sistersville Plant de- every ninety (90) days thereafter until termines to be feasible and includes an submission of the final WMPP Study implementation schedule for each such Report required by paragraph WMPP opportunity. The Sistersville (f)(2)(vi)(C) of this section, the Plant shall make reasonable efforts to Sistersville Plant shall direct the implement all feasible WMPP opportu- Study Team to submit a progress re- nities in accordance with the priorities port to the Advisory Committee detail- identified in the implementation ing its efforts during the prior ninety schedule. (90) day period. (1) For purposes of this section, a (B) The Sistersville Plant shall en- WMPP opportunity is feasible if the sure that the WMPP Study and the Sistersville Plant considers it to be WMPP Study Report meet the require- technically feasible (taking into ac- ments of paragraphs (f)(2)(vi)(B)(1) count engineering and regulatory fac- through (f)(2)(vi)(B)(3) of this section. tors, product line specifications and (1) The WMPP Study shall consist of customer needs) and economically a technical, economic, and regulatory practical (taking into account the full assessment of opportunities for source environmental costs and benefits asso- reduction and for environmentally ciated with the WMPP opportunity and sound recycling for waste streams iden- the company’s internal requirements tified by the Study Team. for approval of capital projects). For
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purposes of the WMPP Project, the spect to the preceding six month period Sistersville Plant shall use ‘‘An Intro- ending on December 31, which contains duction to Environmental Accounting the information described in para- as a Business Management Tool,’’ (EPA graphs (f)(2)(viii)(B)(1) through 742/R–95/001) as one tool to identify the (f)(2)(viii)(B)(10) of this section. full environmental costs and benefits (1) Instances of operating below the of each WMPP opportunity. minimum operating temperature es- (2) In implementing each WMPP op- tablished for the thermal incinerator portunity, the Sistersville Plant shall, under paragraph (f)(2)(ii)(A)(1) of this after consulting with the other mem- section which were not corrected with- bers of the Advisory Committee, de- in 24 hours of onset. velop appropriate protocols and meth- (2) Any periods during which the cap- ods for determining the information re- per unit was being operated to manu- quired by paragraphs (f)(2)(vi)(2)(i) facture product while the flow indi- through (f)(2)(vi)(2)(iii) of this section. cator for the vent streams to the ther- (i) The overall volume of wastes re- mal incinerator showed no flow. duced. (3) Any periods during which the cap- (ii) The quantities of each con- per unit was being operated to manu- stituent identified in paragraph (f)(8) of facture product while the flow indi- this section reduced in the wastes. cator for any bypass device on the (iii) The economic benefits achieved. closed vent system to the thermal in- (3) No requirements of paragraph cinerator showed flow. (f)(2)(vi) of this section are intended to (4) Information required to be re- prevent or restrict the Sistersville ported during that six month period Plant from evaluating and imple- under the preconstruction permit menting any WMPP opportunities at issued under the state permitting pro- the Sistersville Plant in the normal gram approved under subpart XX of 40 course of its operations or from imple- CFR Part 52—Approval and Promulga- menting, prior to the completion of the tion of Implementation Plans for West WMPP Study, any WMPP opportuni- Virginia. ties identified by the Study Team. (vii) The Sistersville Plant shall (5) Any periods during which the cap- maintain on-site each record required per unit was being operated to manu- by paragraph (f)(2) of this section, facture product while the condenser as- through the MON Compliance Date. sociated with the methanol recovery (viii) The Sistersville Plant shall operation was not in operation. comply with the reporting require- (6) The amount (in pounds and by ments of paragraphs (f)(2)(viii)(A) month) of methanol collected by the through (f)(2)(viii)(G) of this section. methanol recovery operation during (A) At least sixty days prior to con- the six month period. ducting the initial performance test of (7) The amount (in pounds and by the thermal incinerator, the month) of collected methanol utilized Sistersville Plant shall submit to EPA for reuse, recovery, thermal recovery/ and WVDEP copies of a notification of treatment, or bio-treatment, respec- performance test, as described in 40 tively, during the six month period. CFR 63.7(b). Following the initial per- (8) The calculated amount (in pounds formance test of the thermal inciner- and by month) of methanol generated ator, the Sistersville Plant shall sub- by operating the capper unit. mit to EPA and WVDEP copies of the (9) The status of the WMPP Project, performance test results that include including the status of developing the the information relevant to initial per- WMPP Study Report. formance tests of thermal incinerators (10) Beginning in the year after the contained in 40 CFR 63.7(g)(1), 40 CFR Sistersville Plant submits the final 63.117(a)(4)(i), and 40 CFR WMPP Study Report required by para- 63.117(a)(4)(ii). graph (f)(2)(vi)(C) of this section, and (B) Beginning in 1999, on January 31 continuing in each subsequent Semi- of each year, the Sistersville Plant annual Report required by paragraph shall submit a semiannual written re- (f)(2)(viii)(B) of this section, the port to the EPA and WVDEP, with re- Sistersville Plant shall report on the
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progress of the implementation of fea- (ii) A description of the WMPP oppor- sible WMPP opportunities identified in tunities initiated and/or completed. the WMPP Study Report. The Semi- (iii) Reductions in volume of waste annual Report required by paragraph generated and amounts of each con- (f)(2)(viii)(B) of this section shall iden- stituent reduced in wastes including tify any cross-media impacts or im- any constituents identified in para- pacts to worker safety or community graph (f)(8) of this section. health issues that have occurred as a (iv) An economic benefits analysis. result of implementation of the fea- (v) A summary of the results of the sible WMPP opportunities. Advisory Committee’s review of imple- (C) Beginning in 1999, on July 31 of mented WMPP opportunities. each year, the Sistersville Plant shall (vi) A reevaluation of WMPP opportu- provide an Annual Project Report to nities previously determined to be in- the EPA and WVDEP Project XL con- feasible by the Sistersville Plant but tacts containing the information re- which had potential for future feasi- quired by paragraphs (f)(2)(viii)(C)(1) bility. through (f)(2)(viii)(C)(8) of this section. (6) An assessment of the nature of, (1) The categories of information re- and the successes or problems associ- quired to be submitted under para- ated with, the Sistersville Plant’s graphs (f)(2)(viii)(B)(1) through interaction with the federal and state (f)(2)(viii)(B)(8) of this section, for the agencies under the Project. preceding 12 month period ending on (7) An update on stakeholder involve- June 30. ment efforts. (2) An updated Emissions Analysis (8) An evaluation of the Project as for January through December of the implemented against the Project XL preceding calendar year. The Criteria and the baseline scenario. Sistersville Plant shall submit the up- (D) The Sistersville Plant shall sub- dated Emissions Analysis in a form mit to the EPA and WVDEP Project substantially equivalent to the pre- XL contacts a written Final Project vious Emissions Analysis prepared by Report covering the period during the Sistersville Plant to support which the temporary deferral was ef- Project XL. The Emissions Analysis fective, as described in paragraph (f)(3) shall include a comparison of the vola- of this section. tile organic emissions associated with (1) The Final Project Report shall the capper unit process vents and the contain the information required to be wastewater treatment system (using submitted for the Semiannual Report the EPA Water 8 model or other model required under paragraph (f)(2)(viii)(B) agreed to by the Sistersville Plant, of this section, and the Annual Project EPA and WVDEP) under Project XL Report required under paragraph with the expected emissions from those (f)(2)(viii)(C) of this section. sources absent Project XL during that (2) The Sistersville Plant shall sub- period. mit the Final Project Report to EPA (3) A discussion of the Sistersville and WVDEP no later than 180 days Plant’s performance in meeting the re- after the temporary deferral of para- quirements of this section, specifically graph (f)(1) of this section is revoked, identifying any areas in which the or 180 days after the MON Compliance Sistersville Plant either exceeded or Date, whichever occurs first. failed to achieve any such standard. (E)(1) The Sistersville Plant shall re- (4) A description of any unantici- tain on-site a complete copy of each of pated problems in implementing the the report documents to be submitted XL Project and any steps taken to re- to EPA and WVDEP in accordance with solve them. requirements under paragraph (f)(2) of (5) A WMPP Implementation Report this section. The Sistersville Plant that contains the information con- shall retain this record until 180 days tained in paragraphs paragraphs after the MON Compliance Date. The (f)(2)(viii)(C)(5)(i) through Sistersville Plant shall provide to (viii)(C)(5)(vi) of this section. stakeholders and interested parties a (i) A summary of the WMPP opportu- written notice of availability (to be nities selected for implementation. mailed to all persons on the Project
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mailing list and to be provided to at ments deferred by this section no later least one local newspaper of general than the MON Compliance Date. No circulation) of each such document, later than 18 months prior to the MON and provide a copy of each document to Compliance Date, the Sistersville any such person upon request, subject Plant shall submit to EPA an imple- to the provisions of 40 CFR part 2. mentation schedule that meets the re- (2) Any reports or other information quirements of paragraph (g)(1)(iii) of submitted to EPA or WVDEP may be this section. released to the public pursuant to the (iv) The temporary deferral con- Federal Freedom of Information Act tained in this section may be revoked (42 U.S.C. 552 et seq.), subject to the for cause, as determined by EPA, prior provisions of 40 CFR part 2. to the MON Compliance Date. The (F) The Sistersville Plant shall make Sistersville Plant may request EPA to all supporting monitoring results and revoke the temporary deferral con- records required under paragraph (f)(2) tained in this section at any time. The of this section available to EPA and revocation shall be effective on the WVDEP within a reasonable amount of date that the Sistersville Plant re- time after receipt of a written request ceives written notification of revoca- from those Agencies, subject to the tion from EPA. provisions of 40 CFR Part 2. (v) Nothing in this section shall af- (G) Each report submitted by the fect the provisions of the MON, as ap- Sistersville Plant under the require- plicable to the Sistersville Plant. ments of paragraph (f)(2) of this section (vi) Nothing in paragrahs (f) or (g) of shall be certified by a Responsible Cor- this section shall affect any regulatory porate Officer, as defined in 40 CFR requirements not referenced in para- 270.11(a)(1). graph (f)(1)(iii) of this section, as appli- (H) For each report submitted in ac- cable to the Sistersville Plant. cordance with paragraph (f)(2) of this section, the Sistersville Plant shall (4) The Sistersville Plant shall con- send one copy each to the addresses in duct the initial performance test re- paragraphs (f)(2)(viii) (H)(1) through quired by paragraph (f)(2)(ii)(B) of this (H)(3) of this section. section using the procedures in para- (1) U.S. EPA Region 3, 1650 Arch graph (f)(4) of this section. The organic Street, Philadelphia, PA 19103–2029, At- concentration and percent reduction tention Tad Radzinski, Mail Code shall be measured as TOC minus meth- 3WC11. ane and ethane, according to the proce- (2) U.S. EPA, 1200 Pennsylvania Ave., dures specified in paragraph (f)(4) of NW., Washington, DC 20460, Attention this section. L. Nancy Birnbaum, Mail Code 1812. (i) Method 1 or 1A of 40 CFR part 60, (3) West Virginia Division of Environ- appendix A, as appropriate, shall be mental Protection, Office of Air Qual- used for selection of the sampling sites. ity, 1558 Washington Street East, (A) To determine compliance with Charleston, WV 25311–2599, Attention the 98 percent reduction of TOC re- John H. Johnston. quirement of paragraph (f)(2)(ii)(A)(1) (3) Effective period and revocation of of this section, sampling sites shall be temporary deferral. located at the inlet of the control de- (i) The temporary deferral contained vice after the final product recovery in this section is effective from April 1, device, and at the outlet of the control 1998, and shall remain effective until device. the MON Compliance Date. The tem- (B) To determine compliance with porary deferral contained in this sec- the 20 parts per million by volume TOC tion may be revoked prior to the MON limit in paragraph (f)(2)(ii)(A)(1) of this Compliance Date, as described in para- section, the sampling site shall be lo- graph (f)(3)(iv) of this section. cated at the outlet of the control de- (ii) On the MON Compliance Date, vice. the temporary deferral contained in (ii) The gas volumetric flow rate this section will no longer be effective. shall be determined using Method 2, (iii) The Sistersville Plant shall come 2A, 2C, or 2D of 40 CFR part 60, appen- into compliance with those require- dix A, as appropriate.
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(iii) To determine compliance with the 20 parts per million by volume TOC ⎛ 17. 9 ⎞ CC= ⎜ ⎟ limit in paragraph (f)(2)(ii)(A)(1) of this cm⎝ ⎠ section, the Sistersville Plant shall use 20.% 9 O2d Method 18 of 40 CFR part 60, appendix Where: A to measure TOC minus methane and Cc=Concentration of TOC corrected to 3 per- ethane. Alternatively, any other meth- cent oxygen, dry basis, parts per million od or data that has been validated ac- by volume. cording to the applicable procedures in Cm=Concentration of TOC (minus methane Method 301 of 40 CFR part 63, appendix and ethane), dry basis, parts per million A, may be used. The following proce- by volume. dures shall be used to calculate parts %O2d=Concentration of oxygen, dry basis, percent by volume. per million by volume concentration, corrected to 3 percent oxygen: (iv) To determine compliance with (A) The minimum sampling time for the 98 percent reduction requirement of each run shall be 1 hour in which either paragraph (f)(2)(ii)(A)(1) of this section, an integrated sample or a minimum of the Sistersville Plant shall use Method four grab samples shall be taken. If 18 of 40 CFR part 60, appendix A; alter- grab sampling is used, then the sam- natively, any other method or data ples shall be taken at approximately that has been validated according to equal intervals in time, such as 15 the applicable procedures in Method 301 minute intervals during the run. of 40 CFR part 63, appendix A may be (B) The concentration of TOC minus used. The following procedures shall be used to calculate percent reduction ef- methane and ethane (CTOC) shall be cal- culated as the sum of the concentra- ficiency: tions of the individual components, and (A) The minimum sampling time for shall be computed for each run using each run shall be 1 hour in which either the following equation: an integrated sample or a minimum of four grab samples shall be taken. If ⎛ n ⎞ grab sampling is used, then the sam- ples shall be taken at approximately ⎜∑C ji ⎟ x equal intervals in time such as 15 ⎝ j=1 ⎠ C = ∑ minute intervals during the run. TOC (B) The mass rate of TOC minus i=1 x methane and ethane (Ei, Eo) shall be Where: computed. All organic compounds CTOC=Concentration of TOC (minus methane (minus methane and ethane) measured and ethane), dry basis, parts per million by Method 18 of 40 CFR part 60, Appen- by volume. dix A are summed using the following Cji=Concentration of sample components j of equations: sample i, dry basis, parts per million by volume. ⎛ n ⎞ n=Number of components in the sample. = x=Number of samples in the sample run. EKiijij2 ⎜∑ CMQ⎟ i ⎝ = ⎠ (C) The concentration of TOC shall be j 1 corrected to 3 percent oxygen if a com- ⎛ n ⎞ bustion device is the control device. EK= ⎜∑ CMQ⎟ (1) The emission rate correction fac- oojoj2 o ⎝ = ⎠ tor or excess air, integrated sampling j 1 and analysis procedures of Method 3B Where:
of 40 CFR part 60, appendix A shall be Cij, Coj=Concentration of sample component j used to determine the oxygen con- of the gas stream at the inlet and outlet centration (%O2d). The samples shall be of the control device, respectively, dry taken during the same time that the basis, parts per million by volume. TOC (minus methane or ethane) sam- Ei, Eo=Mass rate of TOC (minus methane and ples are taken. ethane) at the inlet and outlet of the control device, respectively, dry basis, (2) The concentration corrected to 3 kilogram per hour. percent oxygen (Cc) shall be computed Mij, Moj=Molecular weight of sample compo- using the following equation: nent j of the gas stream at the inlet and
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outlet of the control device, respectively, (B) If no instrument is available at gram/gram-mole. the plant site that will meet the per- Qi, Qo=Flow rate of gas stream at the inlet formance criteria specified in para- and outlet of the control device, respec- graph (f)(5)(ii)(A) of this section, the tively, dry standard cubic meter per minute. instrument readings may be adjusted ¥6 by multiplying by the average response K2=Constant, 2.494 × 10 (parts per mil- lion)¥1 (gram-mole per standard cubic factor of the process fluid, calculated meter) (kilogram/gram) (minute/hour), on an inert-free basis as described in where standard temperature (gram-mole paragraph (f)(5)(ii)(A) of this section. per standard cubic meter) is 20 °C. (iii) The detection instrument shall (C) The percent reduction in TOC be calibrated before use on each day of (minus methane and ethane) shall be its use by the procedures specified in calculated as follows: Method 21 of 40 CFR part 60, appendix A. EE (iv) Calibration gases shall be as fol- R = io()100 lows: Ei (A) Zero air (less than 10 parts per where: million hydrocarbon in air); and (B) Mixtures of methane in air at a R=Control efficiency of control device, per- cent. concentration less than 10,000 parts per million. A calibration gas other than Ei=Mass rate of TOC (minus methane and ethane) at the inlet to the control device methane in air may be used if the in- as calculated under paragraph strument does not respond to methane (f)(4)(iv)(B) of this section, kilograms or if the instrument does not meet the TOC per hour. performance criteria specified in para- Eo=Mass rate of TOC (minus methane and graph (f)(5)(ii)(A) of this section. In ethane) at the outlet of the control de- such cases, the calibration gas may be vice, as calculated under paragraph a mixture of one or more of the com- (f)(4)(iv)(B) of this section, kilograms TOC per hour. pounds to be measured in air. (v) The Sistersville Plant may elect (5) At the time of the initial perform- to adjust or not adjust instrument ance test of the process vent thermal readings for background. If the incinerator required under paragraph Sistersville Plant elects to not adjust (f)(2)(ii)(B) of this section, the readings for background, all such in- Sistersville Plant shall inspect each strument readings shall be compared closed vent system according to the directly to the applicable leak defini- procedures specified in paragraphs tion to determine whether there is a (f)(5)(i) through (f)(5)(vi) of this sec- leak. If the Sistersville Plant elects to tion. adjust instrument readings for back- (i) The initial inspections shall be ground, the Sistersville Plant shall conducted in accordance with Method measure background concentration 21 of 40 CFR part 60, appendix A. using the procedures in 40 CFR 63.180(b) (ii)(A) Except as provided in para- and (c). The Sistersville Plant shall graph (f)(5)(ii)(B) of this section, the subtract background reading from the detection instrument shall meet the maximum concentration indicated by performance criteria of Method 21 of 40 the instrument. CFR part 60, appendix A, except the in- (vi) The arithmetic difference be- strument response factor criteria in tween the maximum concentration in- section 3.1.2(a) of Method 21 of 40 CFR dicated by the instrument and the part 60, appendix A shall be for the av- background level shall be compared erage composition of the process fluid with 500 parts per million for deter- not each individual volatile organic mining compliance. compound in the stream. For process (6) Definitions of terms as used in streams that contain nitrogen, air, or paragraphs (f) and (g) of this section. other inerts which are not organic haz- (i) Closed vent system is defined as a ardous air pollutants or volatile or- system that is not open to the atmos- ganic compounds, the average stream phere and that is composed of piping, response factor shall be calculated on connections and, if necessary, flow-in- an inert-free basis. ducing devices that transport gas or
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vapor from the capper unit process (xi) MON Compliance Date means the vent to the thermal incinerator. date 3 years after the effective date of (ii) No detectable emissions means an the National Emission Standards for instrument reading of less than 500 Hazardous Air Pollutants for the parts per million by volume above source category Miscellaneous Organic background as determined by Method Chemical Production and Processes 21 in 40 CFR part 60. (‘‘MON’’). (iii) Reuse includes the substitution (7) OSi Specialties, Incorporated, a of collected methanol (without rec- subsidiary of Witco Corporation lamation subsequent to its collection) (‘‘OSi’’), may seek to transfer its rights for virgin methanol as an ingredient and obligations under this section to a (including uses as an intermediate) or future owner of the Sistersville Plant as an effective substitute for a com- in accordance with the requirements of mercial product. paragraphs (f)(7)(i) through (f)(7)(iii) of (iv) Recovery includes the substi- this section. tution of collected methanol for virgin (i) OSi will provide to EPA a written methanol as an ingredient (including notice of any proposed transfer at least uses as an intermediate) or as an effec- forty-five days prior to the effective tive substitute for a commercial prod- date of any such transfer. The written uct following reclamation of the meth- notice will identify the proposed trans- feree. anol subsequent to its collection. (ii) The proposed transferee will pro- (v) Thermal recovery/treatment in- vide to EPA a written request to as- cludes the use of collected methanol in sume the rights and obligations under fuels blending or as a feed to any com- this section at least forty-five days bustion device to the extent permitted prior to the effective date of any such by federal and state law. transfer. The written request will de- (vi) Bio-treatment includes the treat- scribe the transferee’s financial and ment of the collected methanol technical capability to assume the ob- through introduction into a biological ligations under this section, and will treatment system, including the treat- include a statement of the transferee’s ment of the collected methanol as a intention to fully comply with the waste stream in an on-site or off-site terms of this section and to sign the wastewater treatment system. Intro- Final Project Agreement for this XL duction of the collected methanol to Project as an additional party. the on-site wastewater treatment sys- (iii) Within thirty days of receipt of tem will be limited to points down- both the written notice and written re- stream of the surface impoundments, quest described in paragraphs (f)(7)(i) and will be consistent with the require- and (f)(7)(ii) of this section, EPA will ments of federal and state law. determine, based on all relevant infor- (vii) Start-up shall have the meaning mation, whether to approve a transfer set forth at 40 CFR 63.2. of rights and obligations under this (viii) Flow indicator means a device section from OSi to a different owner. which indicates whether gas flow is (8) The constituents to be identified present in the vent stream, and, if re- by the Sistersville Plant pursuant to quired by the permit for the thermal paragraphs (f)(2)(vi)(C)(2)(ii) and incinerator, which measures the gas (f)(2)(viii)(C)(5)(iii) of this section are: 1 flow in that stream. Naphthalenamine; 1, 2, 4 (ix) Continuous Recorder means a Trichlorobenzene; 1,1 Dichloroethylene; data recording device that records an 1,1,1 Trichloroethane; 1,1,1,2 instantaneous data value at least once Tetrachloroethane; 1,1,2 Trichloro 1,2,2 every fifteen minutes. Triflouroethane; 1,1,2 Trichloroethane; (x) MON means the National Emis- 1,1,2,2 Tetrachloroethane; 1,2 sion Standards for Hazardous Air Pol- Dichlorobenzene; 1,2 Dichloroethane; lutants for the source category Mis- 1,2 Dichloropropane; 1,2 cellaneous Organic Chemical Produc- Dichloropropanone; 1,2 tion and Processes (‘‘MON’’), promul- Transdichloroethene; 1,2, Trans— gated under the authority of Section Dichloroethene; 1,2,4,5 112 of the Clean Air Act. Tetrachlorobenzine; 1,3
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Dichlorobenzene; 1,4 Dichloro 2 butene; surface impoundments. In any event, 1,4 Dioxane; 2 Chlorophenol; 2 the Sistersville Plant must complete Cyclohexyl 4,6 dinitrophenol; 2 Methyl the requirements of the previous sen- Pyridine; 2 Nitropropane; 2, 4-Di-nitro- tence no later than the MON Compli- toluene; Acetone; Acetonitrile; Acrylo- ance Date; if the Sistersville Plant re- nitrile; Allyl Alcohol; Aniline; Anti- ceives written notification of revoca- mony; Arsenic; Barium; Benzene; tion of the temporary deferral after the Benzotrichloride; Benzyl Chloride; Be- date 18 months prior to the MON Com- ryllium; Bis (2 ethyl Hexyl) Phthalate; pliance Date, the date by which the Butyl Alcohol, n; Butyl Benzyl Phthal- Sistersville Plant must complete the ate; Cadmium; Carbon Disulfide; Car- requirements of the previous sentence bon Tetrachloride; Chlorobenzene; will be the MON Compliance Date, Chloroform; Chloromethane; Chro- which would be less than 18 months mium; Chrysene; Copper; Creosol; Cre- from the date of notification of revoca- osol, m-; Creosol, o; Creosol, p; Cya- tion. nide; Cyclohexanone; Di-n-octyl (ii) Within 30 days from the date the phthalate; Dichlorodiflouromethane; Sistersville Plant receives written no- Diethyl Phthalate; Dihydrosafrole; Di- tification of revocation under para- methylamine; Ethyl Acetate; Ethyl graph (f)(3)(iv) of this section, the benzene; Ethyl Ether; Ethylene Glycol Sistersville Plant shall enter and Ethyl Ether; Ethylene Oxide; Form- maintain in the facility operating aldehyde; Isobutyl Alcohol; Lead; Mer- record an implementation schedule. cury; Methanol; Methoxychlor; Methyl The implementation schedule shall Chloride; Methyl Chloroformate; Meth- demonstrate that within 18 months yl Ethyl Ketone; Methyl Ethyl Ketone from the date the Sistersville Plant re- Peroxide; Methyl Isobutyl Ketone; ceives written notification of revoca- Methyl Methacrylate; Methylene Bro- tion under paragraph (f)(3)(iv) of this mide; Methylene Chloride; Naph- section (but no later than the MON thalene; Nickel; Nitrobenzene; Compliance Date), the Sistersville Nitroglycerine; p-Toluidine; Phenol; Plant shall either come into compli- Phthalic Anhydride; Polychlorinated ance with the regulatory requirements Biphenyls; Propargyl Alcohol; Pyri- that had been deferred by paragraph dine; Safrole; Selenium; Silver; Sty- (f)(1)(i) of this section, or complete a rene; Tetrachloroethylene; Tetrahydro- facility or process modification such furan; Thallium; Toluene; Toluene 2,4 that the requirements of § 265.1086 are Diisocyanate; Trichloroethylene; no longer applicable to the two haz- Trichloroflouromethane; Vanadium; ardous waste surface impoundments. Vinyl Chloride; Warfarin; Xylene; Zinc. Within 30 days from the date the (g) This section applies only to the Sistersville Plant receives written no- facility commonly referred to as the tification of revocation under para- OSi Specialties Plant, located on State graph (f)(3)(iv) of this section, the Route 2, Sistersville, West Virginia Sistersville Plant shall submit a copy (‘‘Sistersville Plant’’). of the implementation schedule to the (1)(i) No later than 18 months from EPA and WVDEP Project XL contacts the date the Sistersville Plant receives identified in paragraph (f)(2)(viii)(H) of written notification of revocation of this section. The implementation the temporary deferral for the schedule shall reflect the Sistersville Sistersville Plant under paragraph (f) Plant’s effort to come into compliance of this section, the Sistersville Plant as soon as practicable (but no later shall, in accordance with the imple- than 18 months after the date the mentation schedule submitted to EPA Sistersville Plant receives written no- under paragraph (g)(1)(ii) of this sec- tification of revocation, or the MON tion, either come into compliance with Compliance Date, whichever is sooner) all requirements of this subpart which with all regulatory requirements that had been deferred by paragraph (f)(1)(i) had been deferred under paragraph of this section, or complete a facility (f)(1)(i) of this section, or to complete a or process modification such that the facility or process modification as soon requirements of § 265.1086 are no longer as practicable (but no later than 18 applicable to the two hazardous waste months after the date the Sistersville
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Plant receives written notification of months from that date, provided that revocation, or the MON Compliance the Sistersville Plant is in compliance Date, whichever is sooner) such that with the requirements of paragraphs the requirements of § 265.1086 are no (f)(2)(ii), (f)(2)(iii), (f)(2)(iv), (f)(2)(v), longer applicable to the two hazardous (f)(2)(vi) and (g) of this section at all waste surface impoundments. times during that 18-month period. (iii) The implementation schedule (4) In the event that a notification of shall include the information described revocation is issued pursuant to para- in either paragraph (g)(1)(iii)(A) or (B) graph (f)(3)(iv) of this section as a re- of this section. sult of the permanent removal of the (A) Specific calendar dates for: award capper unit from methyl capped of contracts or issuance of purchase or- polyether production service, the re- ders for the control equipment required quirements referenced in paragraph by those regulatory requirements that (f)(1)(iii) of this section are tempo- had been deferred by paragraph (f)(1)(i) rarily deferred, with respect to the two of this section; initiation of on-site in- hazardous waste surface impound- stallation of such control equipment; ments, provided that the Sistersville completion of the control equipment Plant is in compliance with the re- installation; performance of any test- quirements of paragraphs (f)(2)(vi), and ing to demonstrate that the installed (g) of this section. The temporary de- control equipment meets the applica- ferral of the previous sentence shall be ble standards of this subpart; initiation effective beginning on the date the of operation of the control equipment; Sistersville Plant receives written no- and compliance with all regulatory re- tification of revocation, and subject to quirements that had been deferred by paragraph (g)(5) of this section, shall paragraph (f)(1)(i) of this section. continue to be effective for a maximum (B) Specific calendar dates for the period of 18 months from that date, purchase, installation, performance provided that the Sistersville Plant is testing and initiation of operation of in compliance with the requirements of equipment to accomplish a facility or paragraphs (f)(2)(vi) and (g) of this sec- process modification such that the re- tion at all times during that 18-month quirements of § 265.1086 are no longer period. applicable to the two hazardous waste (5) In no event shall the temporary surface impoundments. deferral provided under paragraph (2) Nothing in paragraphs (f) or (g) of (g)(3) or (g)(4) of this section be effec- this section shall affect any regulatory tive after the MON Compliance Date. requirements not referenced in para- graph (f)(2)(i) or (ii) of this section, as [59 FR 62935, Dec. 6, 1994] applicable to the Sistersville Plant. EDITORIAL NOTE: For FEDERAL REGISTER ci- (3) In the event that a notification of tations affecting § 265.1080, see the List of revocation is issued pursuant to para- CFR Sections Affected, which appears in the graph (f)(3)(iv) of this section, the re- Finding Aids section of the printed volume quirements referenced in paragraph and at www.fdsys.gov. (f)(1)(iii) of this section are tempo- § 265.1081 Definitions. rarily deferred, with respect to the two hazardous waste surface impound- As used in this subpart, all terms not ments, provided that the Sistersville defined herein shall have the meaning Plant is in compliance with the re- given to them in the Act and parts 260 quirements of paragraphs (f)(2)(ii), through 266 of this chapter. (f)(2)(iii), (f)(2)(iv), (f)(2)(v), (f)(2)(vi) Average volatile organic concentration and (g) of this section, except as pro- or average VO concentration means the vided under paragraph (g)(4) of this sec- mass-weighted average volatile organic tion. The temporary deferral of the concentration of a hazardous waste as previous sentence shall be effective be- determined in accordance with the re- ginning on the date the Sistersville quirements of § 265.1084 of this subpart. Plant receives written notification of Closure device means a cap, hatch, lid, revocation, and subject to paragraph plug, seal, valve, or other type of fit- (g)(5) of this section, shall continue to ting that blocks an opening in a cover be effective for a maximum period of 18 such that when the device is secured in
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the closed position it prevents or re- rests upon and is supported by the ma- duces air pollutant emissions to the at- terial being contained, and is equipped mosphere. Closure devices include de- with a continuous seal. vices that are detachable from the Hard-piping means pipe or tubing cover (e.g., a sampling port cap), manu- that is manufactured and properly in- ally operated (e.g., a hinged access lid stalled in accordance with relevant or hatch), or automatically operated standards and good engineering prac- (e.g., a spring-loaded pressure relief tices. valve). In light material service means the Continuous seal means a seal that container is used to manage a material forms a continuous closure that com- for which both of the following condi- pletely covers the space between the tions apply: The vapor pressure of one edge of the floating roof and the wall of or more of the organic constituents in a tank. A continuous seal may be a the material is greater than 0.3 vapor-mounted seal, liquid-mounted kilopascals (kPa) at 20 °C; and the total seal, or metallic shoe seal. A contin- concentration of the pure organic con- uous seal may be constructed of fas- stituents having a vapor pressure tened segments so as to form a contin- greater than 0.3 kPa at 20 °C is equal to uous seal. or greater than 20 percent by weight. Cover means a device that provides a Internal floating roof means a cover continuous barrier over the hazardous that rests or floats on the material sur- waste managed in a unit to prevent or face (but not necessarily in complete reduce air pollutant emissions to the contact with it) inside a tank that has atmosphere. A cover may have open- a fixed roof. ings (such as access hatches, sampling ports, gauge wells) that are necessary Liquid-mounted seal means a foam or for operation, inspection, maintenance, liquid-filled primary seal mounted in and repair of the unit on which the contact with the hazardous waste be- cover is used. A cover may be a sepa- tween the tank wall and the floating rate piece of equipment which can be roof continuously around the circum- detached and removed from the unit or ference of the tank. a cover may be formed by structural Malfunction means any sudden, infre- features permanently integrated into quent, and not reasonably preventable the design of the unit. failure of air pollution control equip- Enclosure means a structure that sur- ment, process equipment, or a process rounds a tank or container, captures to operate in a normal or usual man- organic vapors emitted from the tank ner. Failures that are caused in part by or container, and vents the captured poor maintenance or careless operation vapors through a closed-vent system to are not malfunctions. a control device. Maximum organic vapor pressure External floating roof means a pon- means the sum of the individual or- toon-type or double-deck type cover ganic constituent partial pressures ex- that rests on the surface of the mate- erted by the material contained in a rial managed in a tank with no fixed tank, at the maximum vapor pressure- roof. causing conditions (i.e., temperature, Fixed roof means a cover that is agitation, pH effects of combining mounted on a unit in a stationary posi- wastes, etc.) reasonably expected to tion and does not move with fluctua- occur in the tank. For the purpose of tions in the level of the material man- this subpart, maximum organic vapor aged in the unit. pressure is determined using the proce- Floating membrane cover means a dures specified in § 265.1084(c) of this cover consisting of a synthetic flexible subpart. membrane material that rests upon Metallic shoe seal means a continuous and is supported by the hazardous seal that is constructed of metal sheets waste being managed in a surface im- which are held vertically against the poundment. wall of the tank by springs, weighted Floating roof means a cover con- levers, or other mechanisms and is con- sisting of a double deck, pontoon single nected to the floating roof by braces or deck, or internal floating cover which other means. A flexible coated fabric
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(envelope) spans the annular space be- signed to remain in a closed position tween the metal sheet and the floating during normal operations and open roof. only when the internal pressure, or an- No detectable organic emissions means other relevant parameter, exceeds the no escape of organics to the atmos- device threshold setting applicable to phere as determined using the proce- the air emission control equipment as dure specified in § 265.1084(d) of this determined by the owner or operator subpart. based on manufacturer recommenda- Point of waste origination means as tions, applicable regulations, fire pro- follows: tection and prevention codes, standard (1) When the facility owner or oper- engineering codes and practices, or ator is the generator of the hazardous other requirements for the safe han- waste, the point of waste origination dling of flammable, ignitable, explo- means the point where a solid waste sive, reactive, or hazardous materials. produced by a system, process, or Single-seal system means a floating waste management unit is determined roof having one continuous seal. This to be a hazardous waste as defined in 40 seal may be vapor-mounted, liquid- CFR part 261. mounted, or a metallic shoe seal. NOTE: In this case, this term is being used Vapor-mounted seal means a contin- in a manner similar to the use of the term uous seal that is mounted such that ‘‘point of generation’’ in air standards estab- there is a vapor space between the haz- lished for waste management operations ardous waste in the unit and the bot- under authority of the Clean Air Act in 40 tom of the seal. CFR parts 60, 61, and 63.] Volatile organic concentration or VO (2) When the facility owner and oper- concentration means the fraction by ator are not the generator of the haz- weight of the volatile organic com- ardous waste, point of waste origina- pounds contained in a hazardous waste tion means the point where the owner expressed in terms of parts per million or operator accepts delivery or takes (ppmw) as determined by direct meas- possession of the hazardous waste. urement or by knowledge of the waste Point of waste treatment means the in accordance with the requirements of point where a hazardous waste to be § 265.1084 of this subpart. For the pur- treated in accordance with pose of determining the VO concentra- § 265.1083(c)(2) of this subpart exits the tion of a hazardous waste, organic com- treatment process. Any waste deter- pounds with a Henry’s law constant mination shall be made before the value of at least 0.1 mole-fraction-in- waste is conveyed, handled, or other- the-gas-phase/mole-fraction-in the liq- wise managed in a manner that allows uid-phase (0.1 Y/X) (which can also be the waste to volatilize to the atmos- expressed as 1.8×10¥6 atmospheres/ phere. gram-mole/m3) at 25 degrees Celsius Safety device means a closure device must be included. Appendix VI of this such as a pressure relief valve, fran- subpart presents a list of compounds gible disc, fusible plug, or any other known to have a Henry’s law constant type of device which functions exclu- value less than the cutoff level. sively to prevent physical damage or Waste determination means per- permanent deformation to a unit or its forming all applicable procedures in ac- air emission control equipment by cordance with the requirements of venting gases or vapors directly to the § 265.1084 of this subpart to determine atmosphere during unsafe conditions whether a hazardous waste meets resulting from an unplanned, acci- standards specified in this subpart. Ex- dental, or emergency event. For the amples of a waste determination in- purpose of this subpart, a safety device clude performing the procedures in ac- is not used for routine venting of gases cordance with the requirements of or vapors from the vapor headspace un- § 265.1084 of this subpart to determine derneath a cover such as during filling the average VO concentration of a haz- of the unit or to adjust the pressure in ardous waste at the point of waste this vapor headspace in response to origination; the average VO concentra- normal daily diurnal ambient tempera- tion of a hazardous waste at the point ture fluctuations. A safety device is de- of waste treatment and comparing the
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results to the exit concentration limit ance with § 265.1083(c) of this subpart specified for the process used to treat cannot be completed by December 6, the hazardous waste; the organic re- 1996, the owner or operator shall: duction efficiency and the organic bio- (i) Install and begin operation of the degradation efficiency for a biological control equipment and waste manage- process used to treat a hazardous waste ment units, and complete modifica- and comparing the results to the appli- tions of production or treatment proc- cable standards; or the maximum vola- esses as soon as possible but no later tile organic vapor pressure for a haz- than December 8, 1997. ardous waste in a tank and comparing (ii) Prepare an implementation the results to the applicable standards. schedule that includes the following in- Waste stabilization process means any formation: specific calendar dates for physical or chemical process used to ei- award of contracts or issuance of pur- ther reduce the mobility of hazardous chase orders for control equipment, constituents in a hazardous waste or waste management units, and produc- eliminate free liquids as determined by tion or treatment process modifica- Test Method 9095B (Paint Filter Liq- tions; initiation of on-site installation uids Test) in ‘‘Test Methods for Evalu- of control equipment or waste manage- ating Solid Waste, Physical/Chemical ment units, and modifications of pro- Methods,’’ EPA Publication SW–846, as duction or treatment processes; com- incorporated by reference in § 260.11. A pletion of control equipment or waste waste stabilization process includes management unit installation, and pro- mixing the hazardous waste with bind- duction or treatment process modifica- ers or other materials, and curing the tions; and performance of testing to resulting hazardous waste and binder demonstrate that the installed equip- mixture. Other synonymous terms used ment or waste management units, and to refer to this process are ‘‘waste fixa- modified production or treatment proc- tion’’ or ‘‘waste solidification.’’ This esses meet the applicable standards of does not include the adding of absorb- this subpart. ent materials to the surface of a waste, without mixing, agitation, or subse- (iii) For facilities subject to the rec- quent curing, to absorb free liquid. ordkeeping requirements of § 265.73 of this part, the owner or operator shall [59 FR 62935, Dec. 6, 1994, as amended at 61 enter the implementation schedule FR 4914, Feb. 9, 1996; 61 FR 59971, Nov. 25, specified in paragraph (a)(2)(ii) of this 1996; 62 FR 64662, Dec. 8, 1997; 70 FR 34586, section in the operating record no later June 14, 2005] than December 6, 1996. § 265.1082 Schedule for implementa- (iv) For facilities not subject to tion of air emission standards. § 265.73 of this part, the owner or oper- (a) Owners or operators of facilities ator shall enter the implementation existing on December 6, 1996 and sub- schedule specified in paragraph ject to subparts I, J, and K of this part (a)(2)(ii) of this section in a permanent, shall meet the following requirements: readily available file located at the fa- (1) Install and begin operation of all cility no later than December 6, 1996. control equipment or waste manage- (b) Owners or operators of facilities ment units required to comply with and units in existence on the effective this subpart and complete modifica- date of a statutory or EPA regulatory tions of production or treatment proc- amendment that renders the facility esses to satisfy exemption criteria in subject to subparts I, J, or K of this accordance with § 265.1083(c) of this sub- part shall meet the following require- part by December 6, 1996, except as pro- ments: vided for in paragraph (a)(2) of this sec- (1) Install and begin operation of con- tion. trol equipment or waste management (2) When control equipment or waste units required to comply with this sub- management units required to comply part, and complete modifications of with this subpart cannot be installed production or treatment processes to and in operation or modifications of satisfy exemption criteria of production or treatment processes to § 265.1083(c) of this subpart by the effec- satisfy exemption criteria in accord- tive date of the amendment, except as
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provided for in paragraph (b)(2) of this § 265.1083 Standards: General. section. (a) This section applies to the man- (2) When control equipment or waste agement of hazardous waste in tanks, management units required to comply surface impoundments, and containers with this subpart cannot be installed subject to this subpart. and begin operation, or when modifica- (b) The owner or operator shall con- tions of production or treatment proc- trol air pollutant emissions from each esses to satisfy exemption criteria of hazardous waste management unit in § 265.1083(c) of this subpart cannot be accordance with standards specified in completed by the effective date of the §§ 265.1085 through 265.1088 of this sub- amendment, the owner or operator part, as applicable to the hazardous shall: waste management unit, except as pro- (i) Install and begin operation of the vided for in paragraph (c) of this sec- control equipment or waste manage- tion. ment unit, and complete modification (c) A tank, surface impoundment, or of production or treatment processes as container is exempt from standards soon as possible but no later than 30 specified in § 265.1085 through § 265.1088 months after the effective date of the of this subpart, as applicable, provided amendment. that the waste management unit is one (ii) For facilities subject to the rec- of the following: ordkeeping requirements of § 265.73 of (1) A tank, surface impoundment, or this part, enter and maintain the im- container for which all hazardous plementation schedule specified in waste entering the unit has an average paragraph (a)(2)(ii) of this section in VO concentration at the point of waste the operating record no later than the origination of less than 500 parts per effective date of the amendment, or million by weight (ppmw). The average (iii) For facilities not subject to VO concentration shall be determined § 265.73 of this part, the owner or oper- using the procedures specified in ator shall enter and maintain the im- § 265.1084(a) of this subpart. The owner plementation schedule specified in or operator shall review and update, as paragraph (a)(2)(ii) of this section in a necessary, this determination at least permanent, readily available file lo- once every 12 months following the cated at the facility site no later than date of the initial determination for the effective date of the amendment. the hazardous waste streams entering (c) Owners and operators of facilities the unit. and units that become newly subject to (2) A tank, surface impoundment, or the requirements of this subpart after container for which the organic con- December 8, 1997 due to an action other tent of all the hazardous waste enter- than those described in paragraph (b) ing the waste management unit has of this section must comply with all been reduced by an organic destruction applicable requirements immediately or removal process that achieves any (i.e., must have control devices in- one of the following conditions: stalled and operating on the date the (i) A process that removes or de- facility or unit becomes subject to this stroys the organics contained in the subpart; the 30-month implementation hazardous waste to a level such that schedule does not apply). the average VO concentration of the (d) The Regional Administrator may hazardous waste at the point of waste elect to extend the implementation treatment is less than the exit con- date for control equipment at a facil- centration limit (Ct) established for the ity, on a case by case basis, to a date process. The average VO concentration later than December 8, 1997, when spe- of the hazardous waste at the point of cial circumstances that are beyond the waste treatment and the exit con- facility owner’s or operator’s control centration limit for the process shall delay installation or operation of con- be determined using the procedures trol equipment, and the owner or oper- specified in § 265.1084(b) of this subpart. ator has made all reasonable and pru- (ii) A process that removes or de- dent attempts to comply with the re- stroys the organics contained in the quirements of this subpart. hazardous waste to a level such that [62 FR 64662, Dec. 8, 1997] the organic reduction efficiency (R) for
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the process is equal to or greater than specified in § 265.1085 through § 265.1088 95 percent, and the average VO con- of this subpart, as applicable to the centration of the hazardous waste at waste management unit. the point of waste treatment is less (B) From the point of waste origina- than 100 ppmw. The organic reduction tion through the point where the haz- efficiency for the process and the aver- ardous waste enters the treatment age VO concentration of the hazardous process, any transfer of the hazardous waste at the point of waste treatment waste is accomplished through contin- shall be determined using the proce- uous hard-piping or other closed sys- dures specified in § 265.1084(b) of this tem transfer that does not allow expo- subpart. sure of the waste to the atmosphere. (iii) A process that removes or de- The EPA considers a drain system that stroys the organics contained in the meets the requirements of 40 CFR part hazardous waste to a level such that 63, subpart RR—National Emission the actual organic mass removal rate Standards for Individual Drain Sys- (MR) for the process is equal to or tems to be a closed system. greater than the required organic mass (C) The average VO concentration of removal rate (RMR) established for the the hazardous waste at the point of process. The required organic mass re- waste treatment is less than the lowest moval rate and the actual organic mass average VO concentration at the point removal rate for the process shall be of waste origination determined for determined using the procedures speci- each of the individual waste streams fied in § 265.1084(b) of this subpart. entering the process or 500 ppmw, (iv) A biological process that de- whichever value is lower. The average stroys or degrades the organics con- VO concentration of each individual tained in the hazardous waste, such waste stream at the point of waste that either of the following conditions origination shall be determined using is met: the procedures specified in § 265.1084(a) (A) The organic reduction efficiency of this subpart. The average VO con- (R) for the process is equal to or great- centration of the hazardous waste at er than 95 percent, and the organic bio- the point of waste treatment shall be degradation efficiency (R ) for the bio determined using the procedures speci- process is equal to or greater than 95 fied in § 265.1084(b) of this subpart. percent. The organic reduction effi- ciency and the organic biodegradation (vi) A process that removes or de- efficiency for the process shall be de- stroys the organics contained in the termined using the procedures speci- hazardous waste to a level such that fied in § 265.1084(b) of this subpart. the organic reduction efficiency (R) for (B) The total actual organic mass the process is equal to or greater than 95 percent and the owner or operator biodegradation rate (MRbio) for all haz- ardous waste treated by the process is certifies that the average VO con- equal to or greater than the required centration at the point of waste origi- organic mass removal rate (RMR). The nation for each of the individual waste required organic mass removal rate streams entering the process is less and the actual organic mass bio- than 10,000 ppmw. The organic reduc- degradation rate for the process shall tion efficiency for the process and the be determined using the procedures average VO concentration of the haz- specified in § 265.1084(b) of this subpart. ardous waste at the point of waste (v) A process that removes or de- origination shall be determined using stroys the organics contained in the the procedures specified in § 265.1084(b) hazardous waste and meets all of the and § 265.1084(a) of this subpart, respec- following conditions: tively. (A) From the point of waste origina- (vii) A hazardous waste incinerator tion through the point where the haz- for which the owner or operator has ei- ardous waste enters the treatment ther: process, the hazardous waste is man- (A) Been issued a final permit under aged continuously in waste manage- 40 CFR part 270 which implements the ment units which use air emission con- requirements of 40 CFR part 264, sub- trols in accordance with the standards part O; or
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(B) Has designed and operates the in- by the EPA for the waste in 40 CFR cinerator in accordance with the in- 268.42(a), or have been removed or de- terim status requirements of subpart O stroyed by an equivalent method of of this part. treatment approved by EPA pursuant (viii) A boiler or industrial furnace to 40 CFR 268.42(b). for which the owner or operator has ei- (5) A tank used for bulk feed of haz- ther: ardous waste to a waste incinerator (A) Been issued a final permit under and all of the following conditions are 40 CFR part 270 which implements the met: requirements of 40 CFR part 266, sub- (i) The tank is located inside an en- part H, or closure vented to a control device that (B) Has designed and operates the is designed and operated in accordance boiler or industrial furnace in accord- with all applicable requirements speci- ance with the interim status require- fied under 40 CFR part 61, subpart FF— ments of 40 CFR part 266, subpart H. National Emission Standards for Ben- (ix) For the purpose of determining zene Waste Operations for a facility at the performance of an organic destruc- which the total annual benzene quan- tion or removal process in accordance tity from the facility waste is equal to with the conditions in each of para- or greater than 10 megagrams per year; graphs (c)(2)(i) through (c)(2)(vi) of this (ii) The enclosure and control device section, the owner or operator shall ac- serving the tank were installed and count for VO concentrations deter- began operation prior to November 25, mined to be below the limit of detec- 1996; and tion of the analytical method by using (iii) The enclosure is designed and op- the following VO concentration: erated in accordance with the criteria (A) If Method 25D in 40 CFR part 60, for a permanent total enclosure as appendix A is used for the analysis, specified in ‘‘Procedure T—Criteria for one-half the blank value determined in and Verification of a Permanent or the method at section 4.4 of Method Temporary Total Enclosure’’ under 40 25D in 40 CFR part 60, appendix A, or a CFR 52.741, Appendix B. The enclosure value of 25 ppmw, whichever is less. may have permanent or temporary (B) If any other analytical method is openings to allow worker access; pas- used, one-half the sum of the limits of sage of material into or out of the en- detection established for each organic closure by conveyor, vehicles, or other constituent in the waste that has a mechanical or electrical equipment; or Henry’s law constant value at least 0.1 to direct air flow into the enclosure. mole-fraction-in-the-gas-phase/mole- The owner or operator shall perform fraction-in-the-liquid-phase (0.1 Y/X) the verification procedure for the en- [which can also be expressed as 1.8×10¥6 closure as specified in Section 5.0 to atmospheres/gram-mole/m3] at 25 de- ‘‘Procedure T—Criteria for and grees Celsius. Verification of a Permanent or Tem- (3) A tank or surface impoundment porary Total Enclosure’’ annually. used for biological treatment of haz- (d) The Regional Administrator may ardous waste in accordance with the at any time perform or request that requirements of paragraph (c)(2)(iv) of the owner or operator perform a waste this section. determination for a hazardous waste (4) A tank, surface impoundment, or managed in a tank, surface impound- container for which all hazardous ment, or container exempted from waste placed in the unit either: using air emission controls under the (i) Meets the numerical concentra- provisions of this section as follows: tion limits for organic hazardous con- (1) The waste determination for aver- stituents, applicable to the hazardous age VO concentration of a hazardous waste, as specified in 40 CFR part 268— waste at the point of waste origination Land Disposal Restrictions under Table shall be performed using direct meas- ‘‘Treatment Standards for Hazardous urement in accordance with the appli- Waste’’ in 40 CFR 268.40; or cable requirements of § 265.1084(a) of (ii) The organic hazardous constitu- this subpart. The waste determination ents in the waste have been treated by for a hazardous waste at the point of the treatment technology established waste treatment shall be performed in
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accordance with the applicable require- (ii) Results of the waste determina- ments of § 265.1084(b) of this subpart. tion performed or requested by the Re- (2) In performing a waste determina- gional Administrator showing that the tion pursuant to paragraph (d)(1) of average VO concentration of the haz- this section, the sample preparation ardous waste at the point of waste and analysis shall be conducted as fol- origination is equal to or greater than lows: 500 ppmw shall constitute noncompli- (i) In accordance with the method ance with this subpart except in a case used by the owner or operator to per- as provided for in paragraph (d)(5)(iii) form the waste analysis, except in the of this section. case specified in paragraph (d)(2)(ii) of (iii) For the case when the average this section. VO concentration of the hazardous waste at the point of waste origination (ii) If the Regional Administrator de- previously has been determined by the termines that the method used by the owner or operator using an averaging owner or operator was not appropriate period greater than 1 hour to be less for the hazardous waste managed in than 500 ppmw but because of normal the tank, surface impoundment, or operating process variations the VO container, then the Regional Adminis- concentration of the hazardous waste trator may choose an appropriate determined by direct measurement for method. any given 1-hour period may be equal (3) In a case when the owner or oper- to or greater than 500 ppmw, informa- ator is requested to perform the waste tion that was used by the owner or op- determination, the Regional Adminis- erator to determine the average VO trator may elect to have an authorized concentration of the hazardous waste representative observe the collection of (e.g., test results, measurements, cal- the hazardous waste samples used for culations, and other documentation) the analysis. and recorded in the facility records in (4) In a case when the results of the accordance with the requirements of waste determination performed or re- § 265.1084(a) and § 265.1090 of this subpart quested by the Regional Administrator shall be considered by the Regional Ad- do not agree with the results of a waste ministrator together with the results determination performed by the owner of the waste determination performed or operator using knowledge of the or requested by the Regional Adminis- waste, then the results of the waste de- trator in establishing compliance with termination performed in accordance this subpart. with the requirements of paragraph [61 FR 59972, Nov. 25, 1996, as amended at 62 (d)(1) of this section shall be used to es- FR 64663, Dec. 8, 1997] tablish compliance with the require- ments of this subpart. § 265.1084 Waste determination proce- (5) In a case when the owner or oper- dures. ator has used an averaging period (a) Waste determination procedure to greater than 1 hour for determining the determine average volatile organic average VO concentration of a haz- (VO) concentration of a hazardous ardous waste at the point of waste waste at the point of waste origination. origination, the Regional Adminis- (1) An owner or operator shall deter- trator may elect to establish compli- mine the average VO concentration at ance with this subpart by performing the point of waste origination for each or requesting that the owner or oper- hazardous waste placed in a waste ator perform a waste determination management unit exempted under the using direct measurement based on provisions of § 265.1083(c)(1) of this sub- waste samples collected within a 1- part from using air emission controls hour period as follows: in accordance with standards specified (i) The average VO concentration of in § 265.1085 through § 265.1088 of this the hazardous waste at the point of subpart, as applicable to the waste waste origination shall be determined management unit. by direct measurement in accordance (i) An initial determination of the with the requirements of § 265.1084(a) of average VO concentration of the waste this subpart. stream shall be made before the first
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time any portion of the material in the waste determination. All of the sam- hazardous waste stream is placed in a ples for a given waste determination waste management unit exempted shall be collected within a one-hour pe- under the provisions of § 265.1083(c)(1) of riod. The average of the four or more this subpart from using air emission sample results constitutes a waste de- controls, and thereafter an initial de- termination for the waste stream. One termination of the average VO con- or more waste determinations may be centration of the waste stream shall be required to represent the complete made for each averaging period that a range of waste compositions and quan- hazardous waste is managed in the tities that occur during the entire unit; and averaging period due to normal vari- (ii) Perform a new waste determina- ations in the operating conditions for tion whenever changes to the source the source or process generating the generating the waste stream are rea- hazardous waste stream. Examples of sonably likely to cause the average VO such normal variations are seasonal concentration of the hazardous waste variations in waste quantity or fluc- to increase to a level that is equal to or tuations in ambient temperature. greater than the VO concentration (C) All samples shall be collected and limit specified in § 265.1083(c)(1) of this handled in accordance with written subpart. procedures prepared by the owner or (2) For a waste determination that is operator and documented in a site sam- required by paragraph (a)(1) of this sec- pling plan. This plan shall describe the tion, the average VO concentration of a procedure by which representative hazardous waste at the point of waste samples of the hazardous waste stream origination shall be determined using are collected such that a minimum loss either direct measurement as specified of organics occurs throughout the sam- in paragraph (a)(3) of this section or by ple collection and handling process, knowledge as specified in paragraph and by which sample integrity is main- (a)(4) of this section. tained. A copy of the written sampling (3) Direct measurement to determine plan shall be maintained on-site in the average VO concentration of a haz- facility operating records. An example ardous waste at the point of waste of acceptable sample collection and origination. handling procedures for a total volatile (i) Identification. The owner or oper- organic constituent concentration may ator shall identify and record the point be found in Method 25D in 40 CFR part of waste origination for the hazardous 60, appendix A. waste. (D) Sufficient information, as speci- (ii) Sampling. Samples of the haz- fied in the ‘‘site sampling plan’’ re- ardous waste stream shall be collected quired under paragraph (a)(3)(ii)(C) of at the point of waste origination in a this section, shall be prepared and re- manner such that volatilization of corded to document the waste quantity organics contained in the waste and in represented by the samples and, as ap- the subsequent sample is minimized plicable, the operating conditions for and an adequately representative sam- the source or process generating the ple is collected and maintained for hazardous waste represented by the analysis by the selected method. samples. (A) The averaging period to be used (iii) Analysis. Each collected sample for determining the average VO con- shall be prepared and analyzed in ac- centration for the hazardous waste cordance with Method 25D in 40 CFR stream on a mass-weighted average part 60, appendix A for the total con- basis shall be designated and recorded. centration of volatile organic constitu- The averaging period can represent any ents, or using one or more methods time interval that the owner or oper- when the individual organic compound ator determines is appropriate for the concentrations are identified and hazardous waste stream but shall not summed and the summed waste con- exceed 1 year. centration accounts for and reflects all (B) A sufficient number of samples, organic compounds in the waste with but no less than four samples, shall be Henry’s law constant values at least 0.1 collected and analyzed for a hazardous mole-fraction-in-the-gas-phase/mole-
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fraction-in-the-liquid-phase (0.1 Y/X) (A) The average VO concentration (C¯ ) [which can also be expressed as 1.8 × on a mass-weighted basis shall be cal- 10¥6 atmospheres/gram-mole/m3] at 25 culated by using the results for all degrees Celsius. At the owner or opera- waste determinations conducted in ac- tor’s discretion, the owner or operator cordance with paragraphs (a)(3) (ii) and may adjust test data obtained by any (iii) of this section and the following appropriate method to discount any equation: contribution to the total volatile or- η ganic concentration that is a result of =×1 × including a compound with a Henry’s C ∑()QCii law constant value of less than 0.1 Y/X QT i=1 at 25 degrees Celsius. To adjust these where: data, the measured concentration of C¯ = Average VO concentration of the haz- each individual chemical constituent ardous waste at the point of waste origi- contained in the waste is multiplied by nation on a mass-weighted basis, ppmw. the appropriate constituent-specific i = Individual waste determination ‘‘i’’ of the hazardous waste. adjustment factor (fm25D). If the owner or operator elects to adjust test data, n = Total number of waste determinations of the hazardous waste conducted for the the adjustment must be made to all in- averaging period (not to exceed 1 year). dividual chemical constituents with a Qi = Mass quantity of hazardous waste Henry’s law constant value greater stream represented by Ci, kg/hr. than or equal to 0.1 Y/X at 25 degrees QT = Total mass quantity of hazardous waste Celsius contained in the waste. Con- during the averaging period, kg/hr. stituent-specific adjustment factors Ci = Measured VO concentration of waste de- termination ‘‘i’’ as determined in accord- (fm25D) can be obtained by contacting the Waste and Chemical Processes ance with the requirements of paragraph (a)(3)(iii) of this section (i.e. the average Group, Office of Air Quality Planning of the four or more samples specified in and Standards, Research Triangle paragraph (a)(3)(ii)(B) of this section), Park, NC 27711. Other test methods ppmw. may be used if they meet the require- (B) For the purpose of determining ments in paragraph (a)(3)(iii)(A) or (B) C , for individual waste samples ana- of this section and provided the re- i lyzed in accordance with paragraph quirement to reflect all organic com- (a)(3)(iii) of this section, the owner or pounds in the waste with Henry’s law operator shall account for VO con- constant values greater than or equal centrations determined to be below the to 0.1 Y/X [which can also be expressed limit of detection of the analytical × ¥6 as 1.8 10 atmospheres/gram-mole/ method by using the following VO con- 3 m ] at 25 degrees Celsius, is met. centration: (A) Any EPA standard method that (1) If Method 25D in 40 CFR part 60, has been validated in accordance with appendix A is used for the analysis, ‘‘Alternative Validation Procedure for one-half the blank value determined in EPA Waste and Wastewater Methods,’’ the method at section 4.4 of Method 40 CFR part 63, appendix D. 25D in 40 CFR part 60, appendix A. (B) Any other analysis method that (2) If any other analytical method is has been validated in accordance with used, one-half the sum of the limits of the procedures specified in Section 5.1 detection established for each organic or Section 5.3, and the corresponding constituent in the waste that has a calculations in Section 6.1 or Section Henry’s law constant values at least 0.1 6.3, of Method 301 in 40 CFR part 63, ap- mole-fraction-in-the-gas-phase/mole- pendix A. The data are acceptable if fraction-in-the-liquid-phase (0.1 Y/X) they meet the criteria specified in Sec- [which can also be expressed as 1.8×10¥6 tion 6.1.5 or Section 6.3.3 of Method 301. atmospheres/gram-mole/m3] at 25 de- If correction is required under section grees Celsius. 6.3.3 of Method 301, the data are accept- (v) Provided that the test method is able if the correction factor is within appropriate for the waste as required the range 0.7 to 1.30. Other sections of under paragraph (a)(3)(iii) of this sec- Method 301 are not required. tion, the EPA will determine compli- (iv) Calculations. ance based on the test method used by
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the owner or operator as recorded pur- then the results from a determination suant to § 265.1090(f)(1) of this subpart. of average VO concentration using di- (4) Use of owner or operator knowl- rect measurement as specified in para- edge to determine average VO con- graph (a)(3) of this section shall be used centration of a hazardous waste at the to establish compliance with the appli- point of waste origination. cable requirements of this subpart. The (i) Documentation shall be prepared Regional Administrator may perform that presents the information used as or request that the owner or operator the basis for the owner’s or operator’s perform this determination using di- knowledge of the hazardous waste rect measurement. The owner or oper- stream’s average VO concentration. ator may choose one or more appro- Examples of information that may be priate methods to analyze each col- used as the basis for knowledge in- lected sample in accordance with the clude: Material balances for the source requirements of paragraph (a)(3)(iii) of or process generating the hazardous this section. waste stream; constituent-specific (b) Waste determination procedures chemical test data for the hazardous for treated hazardous waste. waste stream from previous testing (1) An owner or operator shall per- that are still applicable to the current form the applicable waste determina- waste stream; previous test data for tion for each treated hazardous waste other locations managing the same placed in a waste management unit ex- type of waste stream; or other knowl- empted under the provisions of edge based on information included in § 265.1083 (c)(2)(i) through (c)(2)(vi) of manifests, shipping papers, or waste this subpart from using air emission certification notices. controls in accordance with standards (ii) If test data are used as the basis specified in §§ 265.1085 through 265.1088 for knowledge, then the owner or oper- of this subpart, as applicable to the ator shall document the test method, waste management unit. sampling protocol, and the means by (i) An initial determination of the which sampling variability and analyt- ical variability are accounted for in average VO concentration of the waste the determination of the average VO stream shall be made before the first concentration. For example, an owner time any portion of the material in the or operator may use organic concentra- treated waste stream is placed in a tion test data for the hazardous waste waste management unit exempted stream that are validated in accord- under the provisions of § 265.1083(c)(2), ance with Method 301 in 40 CFR part 63, § 265.1083(c)(3), or § 265.1083(c)(4) of this appendix A as the basis for knowledge subpart from using air emission con- of the waste. trols, and thereafter update the infor- (iii) An owner or operator using mation used for the waste determina- chemical constituent-specific con- tion at least once every 12 months fol- centration test data as the basis for lowing the date of the initial waste de- knowledge of the hazardous waste may termination; and adjust the test data to the cor- (ii) Perform a new waste determina- responding average VO concentration tion whenever changes to the process value which would have been obtained generating or treating the waste had the waste samples been analyzed stream are reasonably likely to cause using Method 25D in 40 CFR part 60, ap- the average VO concentration of the pendix A. To adjust these data, the hazardous waste to increase to a level measured concentration for each indi- such that the applicable treatment vidual chemical constituent contained conditions specified in § 265.1083(c)(2), in the waste is multiplied by the appro- § 265.1083(c)(3), or § 265.1083(c)(4) of this priate constituent-specific adjustment subpart are not achieved. factor (fm25D). (2) The owner or operator shall des- (iv) In the event that the Regional ignate and record the specific provision Administrator and the owner or oper- in § 265.1083(c)(2) of this subpart under ator disagree on a determination of the which the waste determination is being average VO concentration for a haz- performed. The waste determination ardous waste stream using knowledge, for the treated hazardous waste shall
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be performed using the applicable pro- and by which sample integrity is main- cedures specified in paragraphs (b)(3) tained. A copy of the written sampling through (b)(9) of this section. plan shall be maintained on-site in the (3) Procedure to determine the aver- facility operating records. An example age VO concentration of a hazardous of acceptable sample collection and waste at the point of waste treatment. handling procedures for a total volatile (i) Identification. The owner or oper- organic constituent concentration may ator shall identify and record the point be found in Method 25D in 40 CFR part of waste treatment for the hazardous 60, appendix A. waste. (D) Sufficient information, as speci- (ii) Sampling. Samples of the haz- fied in the ‘‘site sampling plan’’ re- ardous waste stream shall be collected quired under paragraph (C) of at the point of waste treatment in a (b)(3)(ii)this section, § 265.1084(b)(3)(ii), manner such that volatilization of shall be prepared and recorded to docu- organics contained in the waste and in ment the waste quantity represented the subsequent sample is minimized by the samples and, as applicable, the and an adequately representative sam- operating conditions for the process ple is collected and maintained for treating the hazardous waste rep- analysis by the selected method. resented by the samples. (A) The averaging period to be used (iii) Analysis. Each collected sample for determining the average VO con- shall be prepared and analyzed in ac- centration for the hazardous waste cordance with Method 25D in 40 CFR stream on a mass-weighted average part 60, appendix A for the total con- basis shall be designated and recorded. centration of volatile organic constitu- The averaging period can represent any ents, or using one or more methods time interval that the owner or oper- when the individual organic compound ator determines is appropriate for the concentrations are identified and hazardous waste stream but shall not summed and the summed waste con- exceed 1 year. centration accounts for and reflects all (B) A sufficient number of samples, organic compounds in the waste with but no less than four samples, shall be Henry’s law constant values at least 0.1 collected and analyzed for a hazardous mole-fraction-in-the-gas-phase/mole- waste determination. All of the sam- fraction-in-the-liquid-phase (0.1 Y/X) ples for a given waste determination [which can also be expressed as 1.8 × shall be collected within a one-hour pe- 10¥6 atmospheres/gram-mole/m3] at 25 riod. The average of the four or more degrees Celsius. When the owner or op- sample results constitutes a waste de- erator is making a waste determina- termination for the waste stream. One tion for a treated hazardous waste that or more waste determinations may be is to be compared to an average VO required to represent the complete concentration at the point of waste range of waste compositions and quan- origination or the point of waste entry tities that occur during the entire to the treatment system to determine averaging period due to normal vari- if the conditions of § 264.1082(c)(2)(i) ations in the operating conditions for through (c)(2)(vi) of this chapter, or the process generating or treating the § 265.1083(c)(2)(i) through (c)(2)(vi) of hazardous waste stream. Examples of this subpart are met, then the waste such normal variations are seasonal samples shall be prepared and analyzed variations in waste quantity or fluc- using the same method or methods as tuations in ambient temperature. were used in making the initial waste (C) All samples shall be collected and determinations at the point of waste handled in accordance with written origination or at the point of entry to procedures prepared by the owner or the treatment system. At the owner or operator and documented in a site sam- operator’s discretion, the owner or op- pling plan. This plan shall describe the erator may adjust test data obtained procedure by which representative by any appropriate method to discount samples of the hazardous waste stream any contribution to the total volatile are collected such that a minimum loss organic concentration that is a result of organics occurs throughout the sam- of including a compound with a ple collection and handling process, Henry’s law constant value less than
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0.1 Y/X at 25 degrees Celsius. To adjust C¯ =Average VO concentration of the haz- these data, the measured concentration ardous waste at the point of waste treat- of each individual chemical con- ment on a mass-weighted basis, ppmw. stituent in the waste is multiplied by i=Individual waste determination ‘‘i’’ of the hazardous waste. the appropriate constituent-specific n=Total number of waste determinations of adjustment factor (fm25D). If the owner the hazardous waste conducted for the or operator elects to adjust test data, averaging period (not to exceed 1 year). the adjustment must be made to all in- Qi=Mass quantity of hazardous waste stream dividual chemical constituents with a represented by Ci, kg/hr. Henry’s law constant value greater QT=Total mass quantity of hazardous waste than or equal to 0.1 Y/X at 25 degrees during the averaging period, kg/hr. Celsius contained in the waste. Con- Ci=Measured VO concentration of waste de- stituent-specific adjustment factors termination ‘‘i’’ as determined in accord- (f ) can be obtained by contacting ance with the requirements of paragraph m25D (b)(3)(iii) of this section (i.e. the average the Waste and Chemical Processes of the four or more samples specified in Group, Office of Air Quality Planning paragraph (b)(3)(ii)(B) of this section), and Standards, Research Triangle ppmw. Park, NC 27711. Other test methods may be used if they meet the require- (v) Provided that the test method is ments in paragraph (a)(3)(iii)(A) or (B) appropriate for the waste as required of this section and provided the re- under paragraph (b)(3)(iii) of this sec- quirement to reflect all organic com- tion, compliance shall be determined pounds in the waste with Henry’s law based on the test method used by the constant values greater than or equal owner or operator as recorded pursuant to 0.1 Y/X [which can also be expressed to § 265.1090(f)(1) of this subpart. as 1.8 × 10¥6 atmospheres/gram-mole/ (4) Procedure to determine the exit m3] at 25 degrees Celsius, is met. concentration limit (Ct) for a treated hazardous waste. (A) Any EPA standard method that has been validated in accordance with (i) The point of waste origination for ‘‘Alternative Validation Procedure for each hazardous waste treated by the EPA Waste and Wastewater Methods,’’ process at the same time shall be iden- 40 CFR part 63, appendix D. tified. (B) Any other analysis method that (ii) If a single hazardous waste stream is identified in paragraph has been validated in accordance with (b)(4)(i) of this section, then the exit the procedures specified in Section 5.1 concentration limit (C ) shall be 500 or Section 5.3, and the corresponding t ppmw. calculations in Section 6.1 or Section 6.3, of Method 301 in 40 CFR part 63, ap- (iii) If more than one hazardous pendix A. The data are acceptable if waste stream is identified in paragraph they meet the criteria specified in Sec- (b)(4)(i) of this section, then the aver- age VO concentration of each haz- tion 6.1.5 or Section 6.3.3 of Method 301. ardous waste stream at the point of If correction is required under section waste origination shall be determined 6.3.3 of Method 301, the data are accept- in accordance with the requirements of able if the correction factor is within paragraph (a) of this section. The exit the range 0.7 to 1.30. Other sections of concentration limit (C ) shall be cal- Method 301 are not required. t culated by using the results deter- (iv) Calculations. The average VO con- mined for each individual hazardous centration (C¯ ) on a mass-weighted waste stream and the following equa- basis shall be calculated by using the tion: results for all waste determinations conducted in accordance with para- m n graphs (b)(3)(ii) and (iii) of this section ∑()Q× C+×∑() Q500 ppmw and the following equation: xx y = x=1 y=1 η Ct m n =×1 × ∑QQ+ ∑ C ∑()QCii xy QT i=1 x=1 y=1 where: Where:
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Ct = Exit concentration limit for treated haz- during the run shall be determined in ardous waste, ppmw. accordance with the requirements of x = Individual hazardous waste stream ‘‘x’’ paragraph (b)(3) of this section. that has an average VO concentration less than 500 ppmw at the point of waste (iv) The waste volatile organic mass origination as determined in accordance flow entering the process (Eb) and the with the requirements of § 265.1084(a) of waste volatile organic mass flow this subpart. exiting the process (Ea) shall be cal- y = Individual hazardous waste stream ‘‘y’’ culated by using the results deter- that has an average VO concentration mined in accordance with paragraph equal to or greater than 500 ppmw at the point of waste origination as determined (b)(5)(iii) of this section and the fol- in accordance with the requirements of lowing equations: § 265.1084(a) of this subpart. m = Total number of ‘‘x’’ hazardous waste 1 m streams treated by process. =× EQCbbjbj∑() n = Total number of ‘‘y’’ hazardous waste 6 10 j=1 streams treated by process. Qx = Annual mass quantity of hazardous 1 m waste stream ‘‘x,’’ kg/yr. =×() EQCaajaj6 ∑ Qy = Annual mass quantity of hazardous 10 waste stream ‘‘y,’’ kg/yr. j=1 ¯ Cx = Average VO concentration of hazardous Where: waste stream ‘‘x’’ at the point of waste origination as determined in accordance Ea = Waste volatile organic mass flow exiting with the requirements of § 265.1084(a) of process, kg/hr. this subpart, ppmw. Eb = Waste volatile organic mass flow enter- ing process, kg/hr. (5) Procedure to determine the or- m = Total number of runs (at least 3) ganic reduction efficiency (R) for a j = Individual run ‘‘j’’
treated hazardous waste. Qb = Mass quantity of hazardous waste enter- (i) The organic reduction efficiency ing process during run ‘‘j,’’ kg/hr.
(R) for a treatment process shall be de- Qa = Average mass quantity of hazardous termined based on results for a min- waste exiting process during run ‘‘j,’’ kg/ imum of three consecutive runs. hr. ¯ (ii) All hazardous waste streams en- Ca = Average VO concentration of hazardous tering the treatment process and all waste exiting process during run ‘‘j’’ as hazardous waste streams exiting the determined in accordance with the re- quirements of § 265.1084(b)(3) of this sub- treatment process shall be identified. part, ppmw. The owner or operator shall prepare a ¯ Cb = Average VO concentration of hazardous sampling plan for measuring these waste entering process during run ‘‘j’’ as streams that accurately reflects the re- determined in accordance with the re- tention time of the hazardous waste in quirements of § 265.1084(a)(3) of this sub- the process. part, ppmw. (iii) For each run, information shall (v) The organic reduction efficiency be determined for each hazardous of the process shall be calculated by waste stream identified in paragraph using the results determined in accord- (b)(5)(ii) of this section using the fol- ance with paragraph (b)(5)(iv) of this lowing procedures: section and the following equation: (A) The mass quantity of each haz- ardous waste stream entering the proc- − EEba ess (Qb) and the mass quantity of each R = ×100% hazardous waste stream exiting the E b process (Q ) shall be determined. a Where: (B) The average VO concentration at the point of waste origination of each R = Organic reduction efficiency, percent. hazardous waste stream entering the Eb = Waste volatile organic mass flow enter- process (C¯ ) during the run shall be de- ing process as determined in accordance b with the requirements of paragraph termined in accordance with the re- (b)(5)(iv) of this section, kg/hr. quirements of paragraph (a)(3) of this Ea = Waste volatile organic mass flow exiting section. The average VO concentration process as determined in accordance with at the point of waste treatment of each the requirements of paragraph (b)(5)(iv) ¯ waste stream exiting the process (Ca) of this section, kg/hr. 747
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(6) Procedure to determine the or- (i) All of the hazardous waste ganic biodegradation efficiency (Rbio) streams entering the treatment process for a treated hazardous waste. shall be identified. (i) The fraction of organics bio- (ii) The average VO concentration of each hazardous waste stream at the degraded (Fbio) shall be determined using the procedure specified in 40 CFR point of waste origination shall be de- part 63, appendix C of this chapter. termined in accordance with the re- (ii) The R shall be calculated by quirements of paragraph (a) of this sec- bio tion. using the following equation: (iii) For each individual hazardous RF=×100% waste stream that has an average VO bio bio concentration equal to or greater than Where: 500 ppmw at the point of waste origina-
Rbio = Organic biodegradation efficiency, per- tion, the average volumetric flow rate cent. and the density of the hazardous waste
Fbio = Fraction of organic biodegraded as de- stream at the point of waste origina- termined in accordance with the require- tion shall be determined. ments of paragraph (b)(6)(i) of this sec- (iv) The RMR shall be calculated by tion. using the average VO concentration, (7) Procedure to determine the re- average volumetric flow rate, and den- quired organic mass removal rate sity determined for each individual (RMR) for a treated hazardous waste. hazardous waste stream, and the fol- lowing equation:
n ⎡ − ⎤ ()Cy 500 ppmw RMR=××∑ ⎢ V k ⎥ ⎢ yy 6 ⎥ y=1 ⎣ 10 ⎦
Where: (ii) The waste volatile organic mass RMR = Required organic mass removal rate, flow entering the process (Eb) and the kg/hr. waste volatile organic mass flow y = Individual hazardous waste stream ‘‘y’’ exiting the process (Ea) shall be deter- that has an average VO concentration mined in accordance with the require- equal to or greater than 500 ppmw at the ments of paragraph (b)(5)(iv) of this point of waste origination as determined section. in accordance with the requirements of (iii) The MR shall be calculated by § 265.1084(a) of this subpart. using the mass flow rate determined in n = Total number of ‘‘y’’ hazardous waste streams treated by process. accordance with the requirements of paragraph (b)(8)(ii) of this section and Vy = Average volumetric flow rate of haz- ardous waste stream ‘‘y’’ at the point of the following equation: waste origination, m3/hr. MR=Eb¥Ea ky = Density of hazardous waste stream ‘‘y,’’ kg/m3 Where: ¯ MR=Actual organic mass removal rate, kg/ Cy = Average VO concentration of hazardous waste stream ‘‘y’’ at the point of waste hr. origination as determined in accordance Eb=Waste volatile organic mass flow enter- with the requirements of § 265.1084(a) of ing process as determined in accordance this subpart, ppmw. with the requirements of paragraph (b)(5)(iv) of this section, kg/hr. (8) Procedure to determine the actual Ea=Waste volatile organic mass flow exiting organic mass removal rate (MR) for a process as determined in accordance with treated hazardous waste. the requirements of paragraph (b)(5)(iv) (i) The MR shall be determined based of this section, kg/hr. on results for a minimum of three con- (9) Procedure to determine the actual secutive runs. The sampling time for organic mass biodegradation rate each run shall be 1 hour. (MRbio) for a treated hazardous waste. 748
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(i) The MRbio shall be determined operator and documented in a site sam- based on results for a minimum of pling plan. This plan shall describe the three consecutive runs. The sampling procedure by which representative time for each run shall be 1 hour. samples of the hazardous waste are col- (ii) The waste organic mass flow en- lected such that a minimum loss of tering the process (Eb) shall be deter- organics occurs throughout the sample mined in accordance with the require- collection and handling process and by ments of paragraph (b)(5)(iv) of this which sample integrity is maintained. section. A copy of the written sampling plan (iii) The fraction of organic bio- shall be maintained on-site in the facil- degraded (Fbio) shall be determined ity operating records. An example of using the procedure specified in 40 CFR acceptable sample collection and han- part 63, appendix C of this chapter. dling procedures may be found in Meth- (iv) The MRbio shall be calculated by od 25D in 40 CFR part 60, appendix A. using the mass flow rates and fraction (ii) Analysis. Any appropriate one of of organic biodegraded determined in the following methods may be used to accordance with the requirements of analyze the samples and compute the paragraphs (b)(9)(ii) and (b)(9)(iii) of maximum organic vapor pressure of this section, respectively, and the fol- the hazardous waste: lowing equation: (A) Method 25E in 40 CFR part 60 ap- MRbio=Eb×Fbio pendix A; Where: (B) Methods described in American
MRbio=Actual organic mass biodegradation Petroleum Institute Publication 2517, rate, kg/hr. Third Edition, February 1989, ‘‘Evapo- Eb=Waste organic mass flow entering process rative Loss from External Floating- as determined in accordance with the re- Roof Tanks,’’ (incorporated by ref- quirements of paragraph (b)(5)(iv) of this erence—refer to § 260.11 of this chapter); section, kg/hr. (C) Methods obtained from standard Fbio=Fraction of organic biodegraded as de- termined in accordance with the require- reference texts; ments of paragraph (b)(9)(iii) of this sec- (D) ASTM Method 2879–92 (incor- tion. porated by reference—refer to § 260.11 of (c) Procedure to determine the max- this chapter); and imum organic vapor pressure of a haz- (E) Any other method approved by ardous waste in a tank. the Regional Administrator. (1) An owner or operator shall deter- (4) Use of knowledge to determine the mine the maximum organic vapor pres- maximum organic vapor pressure of sure for each hazardous waste placed in the hazardous waste. Documentation a tank using Tank Level 1 controls in shall be prepared and recorded that accordance with the standards speci- presents the information used as the fied in § 265.1085(c) of this subpart. basis for the owner’s or operator’s (2) An owner or operator shall use ei- knowledge that the maximum organic ther direct measurement as specified in vapor pressure of the hazardous waste paragraph (c)(3) of this section or is less than the maximum vapor pres- knowledge of the waste as specified by sure limit listed in § 265.1085(b)(1)(i) of paragraph (c)(4) of this section to de- this subpart for the applicable tank de- termine the maximum organic vapor sign capacity category. An example of pressure which is representative of the information that may be used is docu- hazardous waste composition stored or mentation that the hazardous waste is treated in the tank. generated by a process for which at (3) Direct measurement to determine other locations it previously has been the maximum organic vapor pressure determined by direct measurement of a hazardous waste. that the waste maximum organic vapor (i) Sampling. A sufficient number of pressure is less than the maximum samples shall be collected to be rep- vapor pressure limit for the appro- resentative of the waste contained in priate tank design capacity category. the tank. All samples shall be collected (d) Procedure for determining no de- and handled in accordance with written tectable organic emissions for the pur- procedures prepared by the owner or pose of complying with this subpart:
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(1) The test shall be conducted in ac- plete traverse of the interface, all ac- cordance with the procedures specified cessible portions of the interface shall in Method 21 of 40 CFR part 60, appen- be sampled. In the case when the con- dix A. Each potential leak interface figuration of the closure device pre- (i.e., a location where organic vapor vents any sampling at the interface leakage could occur) on the cover and and the device is equipped with an en- associated closure devices shall be closed extension or horn (e.g., some checked. Potential leak interfaces that pressure relief devices), the instrument are associated with covers and closure probe inlet shall be placed at approxi- devices include, but are not limited to: mately the center of the exhaust area The interface of the cover and its foun- to the atmosphere. dation mounting; the periphery of any (8) The arithmetic difference between opening on the cover and its associated the maximum organic concentration closure device; and the sealing seat indicated by the instrument and the interface on a spring-loaded pressure background level shall be compared relief valve. with the value of 500 ppmv except when (2) The test shall be performed when monitoring a seal around a rotating the unit contains a hazardous waste shaft that passes through a cover open- having an organic concentration rep- ing, in which case the comparison shall resentative of the range of concentra- be as specified in paragraph (d)(9) of tions for the hazardous waste expected this section. If the difference is less to be managed in the unit. During the than 500 ppmv, then the potential leak test, the cover and closure devices interface is determined to operate with shall be secured in the closed position. no detectable organic emissions. (3) The detection instrument shall (9) For the seals around a rotating meet the performance criteria of Meth- shaft that passes through a cover open- od 21 of 40 CFR part 60, appendix A, ex- ing, the arithmetic difference between cept the instrument response factor the maximum organic concentration criteria in section 3.1.2(a) of Method 21 indicated by the instrument and the shall be for the average composition of background level shall be compared the organic constituents in the haz- with the value of 10,000 ppmw. If the ardous waste placed in the waste man- difference is less than 10,000 ppmw, agement unit, not for each individual then the potential leak interface is de- organic constituent. termined to operate with no detectable (4) The detection instrument shall be organic emissions. calibrated before use on each day of its [61 FR 59974, Nov. 25, 1996, as amended at 62 use by the procedures specified in FR 64664, Dec. 8, 1997; 64 FR 3390, Jan. 21, Method 21 of 40 CFR part 60, appendix 1999; 70 FR 34586, June 14, 2005] A. (5) Calibration gases shall be as fol- § 265.1085 Standards: Tanks. lows: (a) The provisions of this section (i) Zero air (less than 10 ppmv hydro- apply to the control of air pollutant carbon in air), and emissions from tanks for which (ii) A mixture of methane or n- § 265.1083(b) of this subpart references hexane and air at a concentration of the use of this section for such air approximately, but less than, 10,000 emission control. ppmv methane or n-hexane. (b) The owner or operator shall con- (6) The background level shall be de- trol air pollutant emissions from each termined according to the procedures tank subject to this section in accord- in Method 21 of 40 CFR part 60, appen- ance with the following requirements, dix A. as applicable: (7) Each potential leak interface (1) For a tank that manages haz- shall be checked by traversing the in- ardous waste that meets all of the con- strument probe around the potential ditions specified in paragraphs (b)(1)(i) leak interface as close to the interface through (b)(1)(iii) of this section, the as possible, as described in Method 21 owner or operator shall control air pol- of 40 CFR part 60, appendix A. In the lutant emissions from the tank in ac- case when the configuration of the cordance with the Tank Level 1 con- cover or closure device prevents a com- trols specified in paragraph (c) of this
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section or the Tank Level 2 controls (1) The owner or operator shall deter- specified in paragraph (d) of this sec- mine the maximum organic vapor pres- tion. sure for a hazardous waste to be man- (i) The hazardous waste in the tank aged in the tank using Tank Level 1 has a maximum organic vapor pressure controls before the first time the haz- which is less than the maximum or- ardous waste is placed in the tank. The ganic vapor pressure limit for the maximum organic vapor pressure shall tank’s design capacity category as fol- be determined using the procedures lows: specified in § 265.1084(c) of this subpart. (A) For a tank design capacity equal Thereafter, the owner or operator shall to or greater than 151 m3, the max- perform a new determination whenever imum organic vapor pressure limit for changes to the hazardous waste man- the tank is 5.2 kPa. aged in the tank could potentially (B) For a tank design capacity equal cause the maximum organic vapor to or greater than 75 m3 but less than pressure to increase to a level that is 151 m3, the maximum organic vapor equal to or greater than the maximum pressure limit for the tank is 27.6 kPa. organic vapor pressure limit for the tank design capacity category specified (C) For a tank design capacity less in paragraph (b)(1)(i) of this section, as than 75 m3, the maximum organic applicable to the tank. vapor pressure limit for the tank is 76.6 (2) The tank shall be equipped with a kPa. fixed roof designed to meet the fol- (ii) The hazardous waste in the tank lowing specifications: is not heated by the owner or operator (i) The fixed roof and its closure de- to a temperature that is greater than vices shall be designed to form a con- the temperature at which the max- tinuous barrier over the entire surface imum organic vapor pressure of the area of the hazardous waste in the hazardous waste is determined for the tank. The fixed roof may be a separate purpose of complying with paragraph cover installed on the tank (e.g., a re- (b)(1)(i) of this section. movable cover mounted on an open-top (iii) The hazardous waste in the tank tank) or may be an integral part of the is not treated by the owner or operator tank structural design (e.g., a hori- using a waste stabilization process, as zontal cylindrical tank equipped with a defined in § 265.1081 of this subpart. hatch). (2) For a tank that manages haz- (ii) The fixed roof shall be installed ardous waste that does not meet all of in a manner such that there are no the conditions specified in paragraphs visible cracks, holes, gaps, or other (b)(1)(i) through (b)(1)(iii) of this sec- open spaces between roof section joints tion, the owner or operator shall con- or between the interface of the roof trol air pollutant emissions from the edge and the tank wall. tank by using Tank Level 2 controls in (iii) Each opening in the fixed roof, accordance with the requirements of and any manifold system associated paragraph (d) of this section. Examples with the fixed roof, shall be either: of tanks required to use Tank Level 2 (A) Equipped with a closure device controls include: A tank used for a designed to operate such that when the waste stabilization process; and a tank closure device is secured in the closed for which the hazardous waste in the position there are no visible cracks, tank has a maximum organic vapor holes, gaps, or other open spaces in the pressure that is equal to or greater closure device or between the perim- than the maximum organic vapor pres- eter of the opening and the closure de- sure limit for the tank’s design capac- vice; or ity category as specified in paragraph (B) Connected by a closed-vent sys- (b)(1)(i) of this section. tem that is vented to a control device. (c) Owners and operators controlling The control device shall remove or de- air pollutant emissions from a tank stroy organics in the vent stream, and using Tank Level 1 controls shall meet shall be operating whenever hazardous the requirements specified in para- waste is managed in the tank, except graphs (c)(1) through (c)(4) of this sec- as provided for in paragraphs tion: (c)(2)(iii)(B)(1) and (2) of this section.
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(1) During periods it is necessary to install the cover, as applicable, to the provide access to the tank for per- tank. forming the activities of paragraph (B) To remove accumulated sludge or (c)(2)(iii)(B)(2) of this section, venting other residues from the bottom of of the vapor headspace underneath the tank. fixed roof to the control device is not (ii) Opening of a spring-loaded pres- required, opening of closure devices is sure-vacuum relief valve, conservation allowed, and removal of the fixed roof vent, or similar type of pressure relief is allowed. Following completion of the device which vents to the atmosphere activity, the owner or operator shall is allowed during normal operations for promptly secure the closure device in the purpose of maintaining the tank the closed position or reinstall the internal pressure in accordance with cover, as applicable, and resume oper- the tank design specifications. The de- ation of the control device. vice shall be designed to operate with (2) During periods of routine inspec- no detectable organic emissions when tion, maintenance, or other activities the device is secured in the closed posi- needed for normal operations, and for tion. The settings at which the device the removal of accumulated sludge or opens shall be established such that other residues from the bottom of the the device remains in the closed posi- tank. tion whenever the tank internal pres- (iv) The fixed roof and its closure de- sure is within the internal pressure op- vices shall be made of suitable mate- erating range determined by the owner rials that will minimize exposure of the or operator based on the tank manufac- hazardous waste to the atmosphere, to turer recommendations, applicable reg- the extent practical, and will maintain ulations, fire protection and prevention the integrity of the fixed roof and clo- codes, standard engineering codes and sure devices throughout their intended practices, or other requirements for the safe handling of flammable, ignit- service life. Factors to be considered able, explosive, reactive, or hazardous when selecting the materials for and materials. Examples of normal oper- designing the fixed roof and closure de- ating conditions that may require vices shall include: Organic vapor per- these devices to open are during those meability, the effects of any contact times when the tank internal pressure with the hazardous waste or its vapors exceeds the internal pressure operating managed in the tank; the effects of range for the tank as a result of load- outdoor exposure to wind, moisture, ing operations or diurnal ambient tem- and sunlight; and the operating prac- perature fluctuations. tices used for the tank on which the (iii) Opening of a safety device, as de- fixed roof is installed. fined in § 265.1081 of this subpart, is al- (3) Whenever a hazardous waste is in lowed at any time conditions require the tank, the fixed roof shall be in- doing so to avoid an unsafe condition. stalled with each closure device se- (4) The owner or operator shall in- cured in the closed position except as spect the air emission control equip- follows: ment in accordance with the following (i) Opening of closure devices or re- requirements. moval of the fixed roof is allowed at (i) The fixed roof and its closure de- the following times: vices shall be visually inspected by the (A) To provide access to the tank for owner or operator to check for defects performing routine inspection, mainte- that could result in air pollutant emis- nance, or other activities needed for sions. Defects include, but are not lim- normal operations. Examples of such ited to, visible cracks, holes, or gaps in activities include those times when a the roof sections or between the roof worker needs to open a port to sample and the tank wall; broken, cracked, or the liquid in the tank, or when a work- otherwise damaged seals or gaskets on er needs to open a hatch to maintain or closure devices; and broken or missing repair equipment. Following comple- hatches, access covers, caps, or other tion of the activity, the owner or oper- closure devices. ator shall promptly secure the closure (ii) The owner or operator shall per- device in the closed position or re- form an initial inspection of the fixed
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roof and its closure devices on or before floating roof edge that meets either of the date that the tank becomes subject the following requirements: to this section. Thereafter, the owner (A) A single continuous seal that is or operator shall perform the inspec- either a liquid-mounted seal or a me- tions at least once every year except tallic shoe seal, as defined in § 265.1081 under the special conditions provided of this subpart; or for in paragraph (l) of this section. (B) Two continuous seals mounted (iii) In the event that a defect is de- one above the other. The lower seal tected, the owner or operator shall re- may be a vapor-mounted seal. pair the defect in accordance with the (iii) The internal floating roof shall requirements of paragraph (k) of this meet the following specifications: section. (A) Each opening in a noncontact in- (iv) The owner or operator shall ternal floating roof except for auto- maintain a record of the inspection in matic bleeder vents (vacuum breaker accordance with the requirements spec- vents) and the rim space vents is to ified in § 265.1090(b) of this subpart. provide a projection below the liquid (d) Owners and operators controlling surface. air pollutant emissions from a tank (B) Each opening in the internal using Tank Level 2 controls shall use floating roof shall be equipped with a one of the following tanks: gasketed cover or a gasketed lid except (1) A fixed-roof tank equipped with for leg sleeves, automatic bleeder an internal floating roof in accordance vents, rim space vents, column wells, with the requirements specified in ladder wells, sample wells, and stub paragraph (e) of this section; drains. (2) A tank equipped with an external (C) Each penetration of the internal floating roof in accordance with the re- floating roof for the purpose of sam- quirements specified in paragraph (f) of pling shall have a slit fabric cover that this section; covers at least 90 percent of the open- (3) A tank vented through a closed- ing. vent system to a control device in ac- (D) Each automatic bleeder vent and cordance with the requirements speci- rim space vent shall be gasketed. fied in paragraph (g) of this section; (E) Each penetration of the internal (4) A pressure tank designed and op- floating roof that allows for passage of erated in accordance with the require- a ladder shall have a gasketed sliding ments specified in paragraph (h) of this cover. section; or (F) Each penetration of the internal (5) A tank located inside an enclosure floating roof that allows for passage of that is vented through a closed-vent a column supporting the fixed roof system to an enclosed combustion con- shall have a flexible fabric sleeve seal trol device in accordance with the re- or a gasketed sliding cover. quirements specified in paragraph (i) of (2) The owner or operator shall oper- this section. ate the tank in accordance with the (e) The owner or operator who con- following requirements: trols air pollutant emissions from a (i) When the floating roof is resting tank using a fixed-roof with an inter- on the leg supports, the process of fill- nal floating roof shall meet the re- ing, emptying, or refilling shall be con- quirements specified in paragraphs tinuous and shall be completed as soon (e)(1) through (e)(3) of this section. as practical. (1) The tank shall be equipped with a (ii) Automatic bleeder vents are to be fixed roof and an internal floating roof set closed at all times when the roof is in accordance with the following re- floating, except when the roof is being quirements: floated off or is being landed on the leg (i) The internal floating roof shall be supports. designed to float on the liquid surface (iii) Prior to filling the tank, each except when the floating roof must be cover, access hatch, gauge float well or supported by the leg supports. lid on any opening in the internal (ii) The internal floating roof shall be floating roof shall be bolted or fastened equipped with a continuous seal be- closed (i.e., no visible gaps). Rim space tween the wall of the tank and the vents are to be set to open only when
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the internal floating roof is not float- Regional Administrator of the date and ing or when the pressure beneath the location of the inspection as follows: rim exceeds the manufacturer’s rec- (A) Prior to each visual inspection of ommended setting. an internal floating roof in a tank that (3) The owner or operator shall in- has been emptied and degassed, written spect the internal floating roof in ac- notification shall be prepared and sent cordance with the procedures specified by the owner or operator so that it is as follows: received by the Regional Adminis- (i) The floating roof and its closure trator at least 30 calendar days before devices shall be visually inspected by refilling the tank except when an in- the owner or operator to check for de- spection is not planned as provided for fects that could result in air pollutant in paragraph (e)(3)(iv)(B) of this sec- emissions. Defects include, but are not tion. limited to: The internal floating roof is (B) When a visual inspection is not not floating on the surface of the liquid planned and the owner or operator inside the tank; liquid has accumulated could not have known about the in- on top of the internal floating roof; any spection 30 calendar days before refill- portion of the roof seals have detached ing the tank, the owner or operator from the roof rim; holes, tears, or other shall notify the Regional Adminis- openings are visible in the seal fabric; trator as soon as possible, but no later the gaskets no longer close off the haz- than 7 calendar days before refilling of ardous waste surface from the atmos- the tank. This notification may be phere; or the slotted membrane has made by telephone and immediately more than 10 percent open area. followed by a written explanation for (ii) The owner or operator shall in- why the inspection is unplanned. Alter- spect the internal floating roof compo- natively, written notification, includ- nents as follows except as provided in ing the explanation for the unplanned paragraph (e)(3)(iii) of this section: inspection, may be sent so that it is re- (A) Visually inspect the internal ceived by the Regional Administrator floating roof components through at least 7 calendar days before refilling openings on the fixed-roof (e.g., man- the tank. holes and roof hatches) at least once (v) In the event that a defect is de- every 12 months after initial fill, and tected, the owner or operator shall re- (B) Visually inspect the internal pair the defect in accordance with the floating roof, primary seal, secondary requirements of paragraph (k) of this seal (if one is in service), gaskets, slot- section. ted membranes, and sleeve seals (if (vi) The owner or operator shall any) each time the tank is emptied and maintain a record of the inspection in degassed and at least every 10 years. accordance with the requirements spec- (iii) As an alternative to performing ified in § 265.1090(b) of this subpart. the inspections specified in paragraph (4) Safety devices, as defined in (e)(3)(ii) of this section for an internal § 265.1081 of this subpart, may be in- floating roof equipped with two contin- stalled and operated as necessary on uous seals mounted one above the any tank complying with the require- other, the owner or operator may vis- ments of paragraph (e) of this section. ually inspect the internal floating roof, (f) The owner or operator who con- primary and secondary seals, gaskets, trols air pollutant emissions from a slotted membranes, and sleeve seals (if tank using an external floating roof any) each time the tank is emptied and shall meet the requirements specified degassed and at least every 5 years. in paragraphs (f)(1) through (f)(3) of (iv) Prior to each inspection required this section. by paragraph (e)(3)(ii) or (e)(3)(iii) of (1) The owner or operator shall de- this section, the owner or operator sign the external floating roof in ac- shall notify the Regional Adminis- cordance with the following require- trator in advance of each inspection to ments: provide the Regional Administrator (i) The external floating roof shall be with the opportunity to have an ob- designed to float on the liquid surface server present during the inspection. except when the floating roof must be The owner or operator shall notify the supported by the leg supports.
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(ii) The floating roof shall be (F) Each unslotted and slotted guide equipped with two continuous seals, pole well shall be equipped with a one above the other, between the wall gasketed sliding cover or a flexible fab- of the tank and the roof edge. The ric sleeve seal. lower seal is referred to as the primary (G) Each unslotted guide pole shall seal, and the upper seal is referred to be equipped with a gasketed cap on the as the secondary seal. end of the pole. (A) The primary seal shall be a liq- (H) Each slotted guide pole shall be uid-mounted seal or a metallic shoe equipped with a gasketed float or other seal, as defined in § 265.1081 of this sub- device which closes off the liquid sur- part. The total area of the gaps be- face from the atmosphere. tween the tank wall and the primary (I) Each gauge hatch and each sample seal shall not exceed 212 square centi- well shall be equipped with a gasketed meters (cm2) per meter of tank diame- cover. ter, and the width of any portion of (2) The owner or operator shall oper- these gaps shall not exceed 3.8 centi- ate the tank in accordance with the meters (cm). If a metallic shoe seal is following requirements: used for the primary seal, the metallic (i) When the floating roof is resting shoe seal shall be designed so that one on the leg supports, the process of fill- end extends into the liquid in the tank ing, emptying, or refilling shall be con- and the other end extends a vertical tinuous and shall be completed as soon distance of at least 61 centimeters as practical. above the liquid surface. (ii) Except for automatic bleeder (B) The secondary seal shall be vents, rim space vents, roof drains, and mounted above the primary seal and leg sleeves, each opening in the roof cover the annular space between the shall be secured and maintained in a floating roof and the wall of the tank. closed position at all times except The total area of the gaps between the when the closure device must be open tank wall and the secondary seal shall for access. not exceed 21.2 square centimeters (cm2) per meter of tank diameter, and (iii) Covers on each access hatch and the width of any portion of these gaps each gauge float well shall be bolted or shall not exceed 1.3 centimeters (cm). fastened when secured in the closed po- (iii) The external floating roof shall sition. meet the following specifications: (iv) Automatic bleeder vents shall be (A) Except for automatic bleeder set closed at all times when the roof is vents (vacuum breaker vents) and rim floating, except when the roof is being space vents, each opening in a noncon- floated off or is being landed on the leg tact external floating roof shall pro- supports. vide a projection below the liquid sur- (v) Rim space vents shall be set to face. open only at those times that the roof (B) Except for automatic bleeder is being floated off the roof leg sup- vents, rim space vents, roof drains, and ports or when the pressure beneath the leg sleeves, each opening in the roof rim seal exceeds the manufacturer’s shall be equipped with a gasketed recommended setting. cover, seal, or lid. (vi) The cap on the end of each (C) Each access hatch and each gauge unslotted guide pole shall be secured in float well shall be equipped with a the closed position at all times except cover designed to be bolted or fastened when measuring the level or collecting when the cover is secured in the closed samples of the liquid in the tank. position. (vii) The cover on each gauge hatch (D) Each automatic bleeder vent and or sample well shall be secured in the each rim space vent shall be equipped closed position at all times except with a gasket. when the hatch or well must be opened (E) Each roof drain that empties into for access. the liquid managed in the tank shall be (viii) Both the primary seal and the equipped with a slotted membrane fab- secondary seal shall completely cover ric cover that covers at least 90 percent the annular space between the external of the area of the opening. floating roof and the wall of the tank
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in a continuous fashion except during determined for each identified gap lo- inspections. cation for the primary seal and the sec- (3) The owner or operator shall in- ondary seal individually, and then di- spect the external floating roof in ac- viding the sum for each seal type by cordance with the procedures specified the nominal diameter of the tank. as follows: These total gap areas for the primary (i) The owner or operator shall meas- seal and secondary seal are then com- ure the external floating roof seal gaps pared to the respective standards for in accordance with the following re- the seal type as specified in paragraph quirements: (f)(1)(ii) of this section. (A) The owner or operator shall per- (E) In the event that the seal gap form measurements of gaps between measurements do not conform to the the tank wall and the primary seal specifications in paragraph (f)(1)(ii) of within 60 calendar days after initial op- this section, the owner or operator eration of the tank following installa- shall repair the defect in accordance tion of the floating roof and, there- with the requirements of paragraph (k) after, at least once every 5 years. of this section. (B) The owner or operator shall per- (F) The owner or operator shall form measurements of gaps between maintain a record of the inspection in the tank wall and the secondary seal accordance with the requirements spec- within 60 calendar days after initial op- ified in § 265.1090(b) of this subpart. eration of the tank following installa- (ii) The owner or operator shall vis- tion of the floating roof and, there- ually inspect the external floating roof after, at least once every year. in accordance with the following re- (C) If a tank ceases to hold hazardous quirements: waste for a period of 1 year or more, subsequent introduction of hazardous (A) The floating roof and its closure waste into the tank shall be considered devices shall be visually inspected by an initial operation for the purposes of the owner or operator to check for de- paragraphs (f)(3)(i)(A) and (f)(3)(i)(B) of fects that could result in air pollutant this section. emissions. Defects include, but are not (D) The owner or operator shall de- limited to: Holes, tears, or other open- termine the total surface area of gaps ings in the rim seal or seal fabric of the in the primary seal and in the sec- floating roof; a rim seal detached from ondary seal individually using the fol- the floating roof; all or a portion of the lowing procedure: floating roof deck being submerged (1) The seal gap measurements shall below the surface of the liquid in the be performed at one or more floating tank; broken, cracked, or otherwise roof levels when the roof is floating off damaged seals or gaskets on closure de- the roof supports. vices; and broken or missing hatches, (2) Seal gaps, if any, shall be meas- access covers, caps, or other closure de- ured around the entire perimeter of the vices. floating roof in each place where a 0.32- (B) The owner or operator shall per- centimeter (cm) diameter uniform form an initial inspection of the exter- probe passes freely (without forcing or nal floating roof and its closure devices binding against the seal) between the on or before the date that the tank be- seal and the wall of the tank and meas- comes subject to this section. There- ure the circumferential distance of after, the owner or operator shall per- each such location. form the inspections at least once (3) For a seal gap measured under every year except for the special condi- paragraph (f)(3) of this section, the gap tions provided for in paragraph (l) of surface area shall be determined by this section. using probes of various widths to meas- (C) In the event that a defect is de- ure accurately the actual distance tected, the owner or operator shall re- from the tank wall to the seal and mul- pair the defect in accordance with the tiplying each such width by its respec- requirements of paragraph (k) of this tive circumferential distance. section. (4) The total gap area shall be cal- (D) The owner or operator shall culated by adding the gap surface areas maintain a record of the inspection in
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accordance with the requirements spec- tank by venting the tank to a control ified in § 265.1090(b) of this subpart. device shall meet the requirements (iii) Prior to each inspection required specified in paragraphs (g)(1) through by paragraph (f)(3)(i) or (f)(3)(ii) of this (g)(3) of this section. section, the owner or operator shall no- (1) The tank shall be covered by a tify the Regional Administrator in ad- fixed roof and vented directly through vance of each inspection to provide the a closed-vent system to a control de- Regional Administrator with the op- vice in accordance with the following portunity to have an observer present requirements: during the inspection. The owner or op- (i) The fixed roof and its closure de- erator shall notify the Regional Ad- vices shall be designed to form a con- ministrator of the date and location of tinuous barrier over the entire surface the inspection as follows: area of the liquid in the tank. (A) Prior to each inspection to meas- (ii) Each opening in the fixed roof not ure external floating roof seal gaps as vented to the control device shall be required under paragraph (f)(3)(i) of equipped with a closure device. If the this section, written notification shall pressure in the vapor headspace under- be prepared and sent by the owner or neath the fixed roof is less than atmos- operator so that it is received by the pheric pressure when the control device Regional Administrator at least 30 cal- is operating, the closure devices shall endar days before the date the meas- be designed to operate such that when urements are scheduled to be per- the closure device is secured in the formed. closed position there are no visible (B) Prior to each visual inspection of cracks, holes, gaps, or other open an external floating roof in a tank that spaces in the closure device or between has been emptied and degassed, written the perimeter of the cover opening and notification shall be prepared and sent the closure device. If the pressure in by the owner or operator so that it is the vapor headspace underneath the received by the Regional Adminis- fixed roof is equal to or greater than trator at least 30 calendar days before atmospheric pressure when the control refilling the tank except when an in- device is operating, the closure device spection is not planned as provided for shall be designed to operate with no de- in paragraph (f)(3)(iii)(C) of this sec- tectable organic emissions. tion. (iii) The fixed roof and its closure de- (C) When a visual inspection is not vices shall be made of suitable mate- planned and the owner or operator rials that will minimize exposure of the could not have known about the in- hazardous waste to the atmosphere, to spection 30 calendar days before refill- the extent practical, and will maintain ing the tank, the owner or operator the integrity of the fixed roof and clo- shall notify the Regional Adminis- sure devices throughout their intended trator as soon as possible, but no later service life. Factors to be considered than 7 calendar days before refilling of when selecting the materials for and the tank. This notification may be designing the fixed roof and closure de- made by telephone and immediately vices shall include: Organic vapor per- followed by a written explanation for meability, the effects of any contact why the inspection is unplanned. Alter- with the liquid and its vapor managed natively, written notification, includ- in the tank; the effects of outdoor ex- ing the explanation for the unplanned posure to wind, moisture, and sunlight; inspection, may be sent so that it is re- and the operating practices used for ceived by the Regional Administrator the tank on which the fixed roof is in- at least 7 calendar days before refilling stalled. the tank. (iv) The closed-vent system and con- (4) Safety devices, as defined in 40 trol device shall be designed and oper- CFR 265.1081, may be installed and op- ated in accordance with the require- erated as necessary on any tank com- ments of § 265.1088 of this subpart. plying with the requirements of para- (2) Whenever a hazardous waste is in graph (f) of this section. the tank, the fixed roof shall be in- (g) The owner or operator who con- stalled with each closure device se- trols air pollutant emissions from a cured in the closed position and the
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vapor headspace underneath the fixed (iv) In the event that a defect is de- roof vented to the control device ex- tected, the owner or operator shall re- cept as follows: pair the defect in accordance with the (i) Venting to the control device is requirements of paragraph (k) of this not required, and opening of closure de- section. vices or removal of the fixed roof is al- (v) The owner or operator shall main- lowed at the following times: tain a record of the inspection in ac- (A) To provide access to the tank for cordance with the requirements speci- performing routine inspection, mainte- fied in § 265.1090(b) of this subpart. nance, or other activities needed for (h) The owner or operator who con- normal operations. Examples of such trols air pollutant emissions by using a activities include those times when a pressure tank shall meet the following worker needs to open a port to sample requirements. liquid in the tank, or when a worker (1) The tank shall be designed not to needs to open a hatch to maintain or vent to the atmosphere as a result of repair equipment. Following comple- compression of the vapor headspace in tion of the activity, the owner or oper- the tank during filling of the tank to ator shall promptly secure the closure its design capacity. device in the closed position or re- (2) All tank openings shall be install the cover, as applicable, to the equipped with closure devices designed tank. to operate with no detectable organic emissions as determined using the pro- (B) To remove accumulated sludge or cedure specified in § 265.1084(d) of this other residues from the bottom of a subpart. tank. (3) Whenever a hazardous waste is in (ii) Opening of a safety device, as de- the tank, the tank shall be operated as fined in § 265.1081 of this subpart, is al- a closed system that does not vent to lowed at any time conditions require the atmosphere except under either of doing so to avoid an unsafe condition. the following conditions as specified in (3) The owner or operator shall in- paragraph (h)(3)(i) or (h)(3)(ii) of this spect and monitor the air emission section. control equipment in accordance with (i) At those times when opening of a the following procedures: safety device, as defined in § 265.1081 of (i) The fixed roof and its closure de- this subpart, is required to avoid an vices shall be visually inspected by the unsafe condition. owner or operator to check for defects (ii) At those times when purging of that could result in air pollutant emis- inerts from the tank is required and sions. Defects include, but are not lim- the purge stream is routed to a closed- ited to, visible cracks, holes, or gaps in vent system and control device de- the roof sections or between the roof signed and operated in accordance with and the tank wall; broken, cracked, or the requirements of § 265.1088 of this otherwise damaged seals or gaskets on subpart. closure devices; and broken or missing (i) The owner or operator who con- hatches, access covers, caps, or other trols air pollutant emissions by using closure devices. an enclosure vented through a closed- (ii) The closed-vent system and con- vent system to an enclosed combustion trol device shall be inspected and mon- control device shall meet the require- itored by the owner or operator in ac- ments specified in paragraphs (i)(1) cordance with the procedures specified through (i)(4) of this section. in § 265.1088 of this subpart. (1) The tank shall be located inside (iii) The owner or operator shall per- an enclosure. The enclosure shall be de- form an initial inspection of the air signed and operated in accordance with emission control equipment on or be- the criteria for a permanent total en- fore the date that the tank becomes closure as specified in ‘‘Procedure T— subject to this section. Thereafter, the Criteria for and Verification of a Per- owner or operator shall perform the in- manent or Temporary Total Enclo- spections at least once every year ex- sure’’ under 40 CFR 52.741, appendix B. cept for the special conditions provided The enclosure may have permanent or for in paragraph (l) of this section. temporary openings to allow worker
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access; passage of material into or out specified in § 265.1083(c)(1) of this sub- of the enclosure by conveyor, vehicles, part at the point of waste origination. or other mechanical means; entry of (ii) The hazardous waste has been permanent mechanical or electrical treated by an organic destruction or equipment; or direct airflow into the removal process to meet the require- enclosure. The owner or operator shall ments in § 265.1083(c)(2) of this subpart. perform the verification procedure for (iii) The hazardous waste meets the the enclosure as specified in Section 5.0 requirements of § 265.1083(c)(4) of this to ‘‘Procedure T—Criteria for and subpart. Verification of a Permanent or Tem- (k) The owner or operator shall re- porary Total Enclosure’’ initially when pair each defect detected during an in- the enclosure is first installed and, spection performed in accordance with thereafter, annually. the requirements of paragraphs (c)(4), (2) The enclosure shall be vented (e)(3), (f)(3), or (g)(3) of this section as through a closed-vent system to an en- follows: closed combustion control device that (1) The owner or operator shall make is designed and operated in accordance first efforts at repair of the defect no with the standards for either a vapor later than 5 calendar days after detec- incinerator, boiler, or process heater tion, and repair shall be completed as specified in § 265.1088 of this subpart. soon as possible but no later than 45 (3) Safety devices, as defined in calendar days after detection except as § 265.1081 of this subpart, may be in- provided in paragraph (k)(2) of this sec- stalled and operated as necessary on tion. any enclosure, closed-vent system, or control device used to comply with the (2) Repair of a defect may be delayed requirements of paragraphs (i)(1) and beyond 45 calendar days if the owner or (i)(2) of this section. operator determines that repair of the (4) The owner or operator shall in- defect requires emptying or temporary spect and monitor the closed-vent sys- removal from service of the tank and tem and control device as specified in no alternative tank capacity is avail- § 265.1088 of this subpart. able at the site to accept the hazardous (j) The owner or operator shall trans- waste normally managed in the tank. fer hazardous waste to a tank subject In this case, the owner or operator to this section in accordance with the shall repair the defect the next time following requirements: the process or unit that is generating the hazardous waste managed in the (1) Transfer of hazardous waste, ex- tank stops operation. Repair of the de- cept as provided in paragraph (j)(2) of this section, to the tank from another fect shall be completed before the proc- tank subject to this section or from a ess or unit resumes operation. surface impoundment subject to (l) Following the initial inspection § 265.1086 of this subpart shall be con- and monitoring of the cover as required ducted using continuous hard-piping or by the applicable provisions of this another closed system that does not subpart, subsequent inspection and allow exposure of the hazardous waste monitoring may be performed at inter- to the atmosphere. For the purpose of vals longer than 1 year under the fol- complying with this provision, an indi- lowing special conditions: vidual drain system is considered to be (1) In the case when inspecting or a closed system when it meets the re- monitoring the cover would expose a quirements of 40 CFR part 63, subpart worker to dangerous, hazardous, or RR—National Emission Standards for other unsafe conditions, then the Individual Drain Systems. owner or operator may designate a (2) The requirements of paragraph cover as an ‘‘unsafe to inspect and (j)(1) of this section do not apply when monitor cover’’ and comply with all of transferring a hazardous waste to the the following requirements: tank under any of the following condi- (i) Prepare a written explanation for tions: the cover stating the reasons why the (i) The hazardous waste meets the av- cover is unsafe to visually inspect or to erage VO concentration conditions monitor, if required.
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(ii) Develop and implement a written (A) High density polyethylene plan and schedule to inspect and mon- (HDPE) with a thickness no less than itor the cover, using the procedures 2.5 millimeters (mm); or specified in the applicable section of (B) A material or a composite of dif- this subpart, as frequently as prac- ferent materials determined to have ticable during those times when a both organic permeability properties worker can safely access the cover. that are equivalent to those of the ma- (2) In the case when a tank is buried terial listed in paragraph (c)(1)(ii)(A) of partially or entirely underground, an this section and chemical and physical owner or operator is required to in- properties that maintain the material spect and monitor, as required by the integrity for the intended service life applicable provisions of this section, of the material. only those portions of the tank cover (iii) The cover shall be installed in a and those connections to the tank (e.g., fill ports, access hatches, gauge wells, manner such that there are no visible etc.) that are located on or above the cracks, holes, gaps, or other open ground surface. spaces between cover section seams or between the interface of the cover edge [61 FR 59979, Nov. 25, 1996, as amended at 62 and its foundation mountings. FR 64666, Dec. 8, 1997; 64 FR 3391, Jan. 21, (iv) Except as provided for in para- 1999; 71 FR 40276, July 14, 2006] graph (c)(1)(v) of this section, each § 265.1086 Standards: Surface im- opening in the floating membrane poundments. cover shall be equipped with a closure (a) The provisions of this section device designed to operate such that apply to the control of air pollutant when the closure device is secured in emissions from surface impoundments the closed position there are no visible for which § 265.1083(b) of this subpart cracks, holes, gaps, or other open references the use of this section for spaces in the closure device or between such air emission control. the perimeter of the cover opening and (b) The owner or operator shall con- the closure device. trol air pollutant emissions from the (v) The floating membrane cover may surface impoundment by installing and be equipped with one or more emer- operating either of the following: gency cover drains for removal of (1) A floating membrane cover in ac- stormwater. Each emergency cover cordance with the provisions specified drain shall be equipped with a slotted in paragraph (c) of this section; or membrane fabric cover that covers at (2) A cover that is vented through a least 90 percent of the area of the open- closed-vent system to a control device ing or a flexible fabric sleeve seal. in accordance with the requirements (vi) The closure devices shall be made specified in paragraph (d) of this sec- of suitable materials that will mini- tion. mize exposure of the hazardous waste (c) The owner or operator who con- to the atmosphere, to the extent prac- trols air pollutant emissions from a surface impoundment using a floating tical, and will maintain the integrity membrane cover shall meet the re- of the closure devices throughout their quirements specified in paragraphs intended service life. Factors to be con- (c)(1) through (c)(3) of this section. sidered when selecting the materials of (1) The surface impoundment shall be construction and designing the cover equipped with a floating membrane and closure devices shall include: Or- cover designed to meet the following ganic vapor permeability; the effects of specifications: any contact with the liquid and its (i) The floating membrane cover vapor managed in the surface impound- shall be designed to float on the liquid ment; the effects of outdoor exposure surface during normal operations and to wind, moisture, and sunlight; and form a continuous barrier over the en- the operating practices used for the tire surface area of the liquid. surface impoundment on which the (ii) The cover shall be fabricated floating membrane cover is installed. from a synthetic membrane material (2) Whenever a hazardous waste is in that is either: the surface impoundment, the floating
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membrane cover shall float on the liq- requirements of paragraph (f) of this uid and each closure device shall be se- section. cured in the closed position except as (iv) The owner or operator shall follows: maintain a record of the inspection in (i) Opening of closure devices or re- accordance with the requirements spec- moval of the cover is allowed at the ified in § 265.1090(c) of this subpart. following times: (d) The owner or operator who con- (A) To provide access to the surface trols air pollutant emissions from a impoundment for performing routine surface impoundment using a cover inspection, maintenance, or other ac- vented to a control device shall meet tivities needed for normal operations. the requirements specified in para- Examples of such activities include graphs (d)(1) through (d)(3) of this sec- those times when a worker needs to tion. open a port to sample the liquid in the (1) The surface impoundment shall be surface impoundment, or when a work- covered by a cover and vented directly er needs to open a hatch to maintain or through a closed-vent system to a con- repair equipment. Following comple- trol device in accordance with the fol- tion of the activity, the owner or oper- lowing requirements: ator shall promptly replace the cover (i) The cover and its closure devices and secure the closure device in the shall be designed to form a continuous closed position, as applicable. barrier over the entire surface area of (B) To remove accumulated sludge or the liquid in the surface impoundment. other residues from the bottom of sur- (ii) Each opening in the cover not face impoundment. vented to the control device shall be (ii) Opening of a safety device, as de- equipped with a closure device. If the fined in § 265.1081 of this subpart, is al- pressure in the vapor headspace under- lowed at any time conditions require neath the cover is less than atmos- doing so to avoid an unsafe condition. pheric pressure when the control device (3) The owner or operator shall in- is operating, the closure devices shall spect the floating membrane cover in be designed to operate such that when accordance with the following proce- the closure device is secured in the dures: closed position there are no visible (i) The floating membrane cover and cracks, holes, gaps, or other open its closure devices shall be visually in- spaces in the closure device or between spected by the owner or operator to the perimeter of the cover opening and check for defects that could result in the closure device. If the pressure in air pollutant emissions. Defects in- the vapor headspace underneath the clude, but are not limited to, visible cover is equal to or greater than at- cracks, holes, or gaps in the cover sec- mospheric pressure when the control tion seams or between the interface of device is operating, the closure device the cover edge and its foundation shall be designed to operate with no de- mountings; broken, cracked, or other- tectable organic emissions using the wise damaged seals or gaskets on clo- procedure specified in § 265.1084(d) of sure devices; and broken or missing this subpart. hatches, access covers, caps, or other (iii) The cover and its closure devices closure devices. shall be made of suitable materials (ii) The owner or operator shall per- that will minimize exposure of the haz- form an initial inspection of the float- ardous waste to the atmosphere, to the ing membrane cover and its closure de- extent practical, and will maintain the vices on or before the date that the integrity of the cover and closure de- surface impoundment becomes subject vices throughout their intended service to this section. Thereafter, the owner life. Factors to be considered when se- or operator shall perform the inspec- lecting the materials of construction tions at least once every year except and designing the cover and closure de- for the special conditions provided for vices shall include: Organic vapor per- in paragraph (g) of this section. meability; the effects of any contact (iii) In the event that a defect is de- with the liquid or its vapors managed tected, the owner or operator shall re- in the surface impoundment; the ef- pair the defect in accordance with the fects of outdoor exposure to wind,
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moisture, and sunlight; and the oper- (ii) The closed-vent system and con- ating practices used for the surface im- trol device shall be inspected and mon- poundment on which the cover is in- itored by the owner or operator in ac- stalled. cordance with the procedures specified (iv) The closed-vent system and con- in § 265.1088 of this subpart. trol device shall be designed and oper- (iii) The owner or operator shall per- ated in accordance with the require- form an initial inspection of the air ments of § 265.1088 of this subpart. emission control equipment on or be- (2) Whenever a hazardous waste is in fore the date that the surface impound- the surface impoundment, the cover ment becomes subject to this section. shall be installed with each closure de- Thereafter, the owner or operator shall vice secured in the closed position and perform the inspections at least once the vapor headspace underneath the every year except for the special condi- cover vented to the control device ex- tions provided for in paragraph (g) of cept as follows: this section. (i) Venting to the control device is (iv) In the event that a defect is de- not required, and opening of closure de- tected, the owner or operator shall re- vices or removal of the cover is allowed pair the defect in accordance with the at the following times: requirements of paragraph (f) of this (A) To provide access to the surface section. impoundment for performing routine (v) The owner or operator shall main- inspection, maintenance, or other ac- tain a record of the inspection in ac- tivities needed for normal operations. cordance with the requirements speci- Examples of such activities include fied in § 265.1090(c) of this subpart. those times when a worker needs to (e) The owner or operator shall trans- open a port to sample liquid in the sur- fer hazardous waste to a surface im- face impoundment, or when a worker poundment subject to this section in needs to open a hatch to maintain or accordance with the following require- repair equipment. Following comple- ments: tion of the activity, the owner or oper- (1) Transfer of hazardous waste, ex- ator shall promptly secure the closure cept as provided in paragraph (e)(2) of device in the closed position or re- this section, to the surface impound- install the cover, as applicable, to the ment from another surface impound- surface impoundment. ment subject to this section or from a (B) To remove accumulated sludge or tank subject to § 265.1085 of this subpart other residues from the bottom of the shall be conducted using continuous surface impoundment. hard-piping or another closed system (ii) Opening of a safety device, as de- that does not allow exposure of the fined in § 265.1081 of this subpart, is al- waste to the atmosphere. For the pur- lowed at any time conditions require pose of complying with this provision, doing so to avoid an unsafe condition. an individual drain system is consid- (3) The owner or operator shall in- ered to be a closed system when it spect and monitor the air emission meets the requirements of 40 CFR part control equipment in accordance with 63, subpart RR—National Emission the following procedures: Standards for Individual Drain Sys- (i) The surface impoundment cover tems. and its closure devices shall be visually (2) The requirements of paragraph inspected by the owner or operator to (e)(1) of this section do not apply when check for defects that could result in transferring a hazardous waste to the air pollutant emissions. Defects in- surface impoundment under either of clude, but are not limited to, visible the following conditions: cracks, holes, or gaps in the cover sec- (i) The hazardous waste meets the av- tion seams or between the interface of erage VO concentration conditions the cover edge and its foundation specified in § 265.1083(c)(1) of this sub- mountings; broken, cracked, or other- part at the point of waste origination. wise damaged seals or gaskets on clo- (ii) The hazardous waste has been sure devices; and broken or missing treated by an organic destruction or hatches, access covers, caps, or other removal process to meet the require- closure devices. ments in § 265.1083(c)(2) of this subpart.
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(iii) The hazardous waste meets the § 265.1087 Standards: Containers. requirements of § 265.1083(c)(4) of this (a) The provisions of this section subpart. apply to the control of air pollutant (f) The owner or operator shall repair emissions from containers for which each defect detected during an inspec- § 265.1083(b) of this subpart references tion performed in accordance with the the use of this section for such air requirements of paragraph (c)(3) or emission control. (d)(3) of this section as follows: (b) General requirements. (1) The (1) The owner or operator shall make owner or operator shall control air pol- first efforts at repair of the defect no lutant emissions from each container later than 5 calendar days after detec- subject to this section in accordance tion, and repair shall be completed as with the following requirements, as ap- soon as possible but no later than 45 plicable to the container, except when calendar days after detection except as the special provisions for waste sta- provided in paragraph (f)(2) of this sec- bilization processes specified in para- tion. graph (b)(2) of this section apply to the (2) Repair of a defect may be delayed container. beyond 45 calendar days if the owner or (i) For a container having a design operator determines that repair of the capacity greater than 0.1 m3 and less defect requires emptying or temporary than or equal to 0.46 m3, the owner or removal from service of the surface im- operator shall control air pollutant poundment and no alternative capacity emissions from the container in ac- is available at the site to accept the cordance with the Container Level 1 hazardous waste normally managed in standards specified in paragraph (c) of the surface impoundment. In this case, this section. the owner or operator shall repair the (ii) For a container having a design defect the next time the process or unit capacity greater than 0.46 m3 that is that is generating the hazardous waste not in light material service, the owner managed in the tank stops operation. or operator shall control air pollutant Repair of the defect shall be completed emissions from the container in ac- before the process or unit resumes op- cordance with the Container Level 1 eration. standards specified in paragraph (c) of (g) Following the initial inspection this section. and monitoring of the cover as required (iii) For a container having a design by the applicable provisions of this capacity greater than 0.46 m3 that is in subpart, subsequent inspection and light material service, the owner or op- monitoring may be performed at inter- erator shall control air pollutant emis- vals longer than 1 year in the case sions from the container in accordance when inspecting or monitoring the with the Container Level 2 standards cover would expose a worker to dan- specified in paragraph (d) of this sec- gerous, hazardous, or other unsafe con- tion. ditions. In this case, the owner or oper- (2) When a container having a design ator may designate the cover as an capacity greater than 0.1 m3 is used for ‘‘unsafe to inspect and monitor cover’’ treatment of a hazardous waste by a and comply with all of the following re- waste stabilization process, the owner quirements: or operator shall control air pollutant (1) Prepare a written explanation for emissions from the container in ac- the cover stating the reasons why the cordance with the Container Level 3 cover is unsafe to visually inspect or to standards specified in paragraph (e) of monitor, if required. this section at those times during the (2) Develop and implement a written waste stabilization process when the plan and schedule to inspect and mon- hazardous waste in the container is ex- itor the cover using the procedures posed to the atmosphere. specified in the applicable section of (c) Container Level 1 standards. (1) A this subpart as frequently as prac- container using Container Level 1 con- ticable during those times when a trols is one of the following: worker can safely access the cover. (i) A container that meets the appli- [61 FR 59984, Nov. 25, 1996, as amended at 62 cable U.S. Department of Transpor- FR 64666, Dec. 8, 1997] tation (DOT) regulations on packaging
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hazardous materials for transportation (A) In the case when the container is as specified in paragraph (f) of this sec- filled to the intended final level in one tion. continuous operation, the owner or op- (ii) A container equipped with a cover erator shall promptly secure the clo- and closure devices that form a contin- sure devices in the closed position and uous barrier over the container open- install the covers, as applicable to the ings such that when the cover and clo- container, upon conclusion of the fill- sure devices are secured in the closed ing operation. position there are no visible holes, (B) In the case when discrete quan- gaps, or other open spaces into the in- tities or batches of material intermit- terior of the container. The cover may tently are added to the container over be a separate cover installed on the a period of time, the owner or operator container (e.g., a lid on a drum or a shall promptly secure the closure de- suitably secured tarp on a roll-off box) vices in the closed position and install or may be an integral part of the con- covers, as applicable to the container, tainer structural design (e.g., a ‘‘port- able tank’’ or bulk cargo container upon either the container being filled equipped with a screw-type cap). to the intended final level; the comple- (iii) An open-top container in which tion of a batch loading after which no an organic-vapor suppressing barrier is additional material will be added to placed on or over the hazardous waste the container within 15 minutes; the in the container such that no haz- person performing the loading oper- ardous waste is exposed to the atmos- ation leaving the immediate vicinity of phere. One example of such a barrier is the container; or the shutdown of the application of a suitable organic-vapor process generating the material being suppressing foam. added to the container, whichever con- (2) A container used to meet the re- dition occurs first. quirements of paragraph (c)(1)(ii) or (ii) Opening of a closure device or (c)(1)(iii) of this section shall be cover is allowed for the purpose of re- equipped with covers and closure de- moving hazardous waste from the con- vices, as applicable to the container, tainer as follows: that are composed of suitable mate- (A) For the purpose of meeting the rials to minimize exposure of the haz- requirements of this section, an empty ardous waste to the atmosphere and to container as defined in 40 CFR 261.7(b) maintain the equipment integrity for may be open to the atmosphere at any as long as it is in service. Factors to be time (i.e., covers and closure devices considered in selecting the materials of are not required to be secured in the construction and designing the cover closed position on an empty container). and closure devices shall include: Or- (B) In the case when discrete quan- ganic vapor permeability, the effects of tities or batches of material are re- contact with the hazardous waste or its moved from the container but the con- vapor managed in the container; the ef- fects of outdoor exposure of the closure tainer does not meet the conditions to device or cover material to wind, mois- be an empty container as defined in 40 ture, and sunlight; and the operating CFR 261.7(b), the owner or operator practices for which the container is in- shall promptly secure the closure de- tended to be used. vices in the closed position and install (3) Whenever a hazardous waste is in covers, as applicable to the container, a container using Container Level 1 upon the completion of a batch re- controls, the owner or operator shall moval after which no additional mate- install all covers and closure devices rial will be removed from the container for the container, as applicable to the within 15 minutes or the person per- container, and secure and maintain forming the unloading operation leaves each closure device in the closed posi- the immediate vicinity of the con- tion except as follows: tainer, whichever condition occurs (i) Opening of a closure device or first. cover is allowed for the purpose of add- (iii) Opening of a closure device or ing hazardous waste or other material cover is allowed when access inside the to the container as follows: container is needed to perform routine
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activities other than transfer of haz- facility and the container is not ardous waste. Examples of such activi- emptied within 24 hours after the con- ties include those times when a worker tainer is accepted at the facility (i.e., needs to open a port to measure the does not meet the conditions for an depth of or sample the material in the empty container as specified in 40 CFR container, or when a worker needs to 261.7(b)), the owner or operator shall open a manhole hatch to access equip- visually inspect the container and its ment inside the container. Following cover and closure devices to check for completion of the activity, the owner visible cracks, holes, gaps, or other or operator shall promptly secure the open spaces into the interior of the closure device in the closed position or container when the cover and closure reinstall the cover, as applicable to the devices are secured in the closed posi- container. tion. The container visual inspection (iv) Opening of a spring-loaded, pres- shall be conducted on or before the sure-vacuum relief valve, conservation date that the container is accepted at vent, or similar type of pressure relief the facility (i.e., the date the container device which vents to the atmosphere becomes subject to the subpart CC con- is allowed during normal operations for tainer standards). For purposes of this the purpose of maintaining the con- requirement, the date of acceptance is tainer internal pressure in accordance the date of signature that the facility with the design specifications of the owner or operator enters on Item 20 of container. The device shall be designed the Uniform Hazardous Waste Manifest to operate with no detectable organic in the appendix to 40 CFR part 262 emissions when the device is secured in (EPA Forms 8700–22 and 8700–22A), as the closed position. The settings at required under subpart E of this part, which the device opens shall be estab- at 40 CFR 265.71. If a defect is detected, lished such that the device remains in the owner or operator shall repair the the closed position whenever the inter- defect in accordance with the require- nal pressure of the container is within ments of paragraph (c)(4)(iii) of this the internal pressure operating range section. determined by the owner or operator based on container manufacturer rec- (ii) In the case when a container used ommendations, applicable regulations, for managing hazardous waste remains fire protection and prevention codes, at the facility for a period of 1 year or standard engineering codes and prac- more, the owner or operator shall vis- tices, or other requirements for the ually inspect the container and its safe handling of flammable, ignitable, cover and closure devices initially and explosive, reactive, or hazardous mate- thereafter, at least once every 12 rials. Examples of normal operating months, to check for visible cracks, conditions that may require these de- holes, gaps, or other open spaces into vices to open are during those times the interior of the container when the when the internal pressure of the con- cover and closure devices are secured tainer exceeds the internal pressure op- in the closed position. If a defect is de- erating range for the container as a re- tected, the owner or operator shall re- sult of loading operations or diurnal pair the defect in accordance with the ambient temperature fluctuations. requirements of paragraph (c)(4)(iii) of (v) Opening of a safety device, as de- this section. fined in § 265.1081 of this subpart, is al- (iii) When a defect is detected for the lowed at any time conditions require container, cover, or closure devices, doing so to avoid an unsafe condition. the owner or operator shall make first (4) The owner or operator of con- efforts at repair of the defect no later tainers using Container Level 1 con- than 24 hours after detection, and re- trols shall inspect the containers and pair shall be completed as soon as pos- their covers and closure devices as fol- sible but no later than 5 calendar days lows: after detection. If repair of a defect (i) In the case when a hazardous cannot be completed within 5 calendar waste already is in the container at the days, then the hazardous waste shall be time the owner or operator first ac- removed from the container and the cepts possession of the container at the container shall not be used to manage
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hazardous waste until the defect is re- controls, the owner or operator shall paired. install all covers and closure devices (5) The owner or operator shall main- for the container, and secure and main- tain at the facility a copy of the proce- tain each closure device in the closed dure used to determine that containers position except as follows: with capacity of 0.46 m3 or greater, (i) Opening of a closure device or which do not meet applicable DOT reg- cover is allowed for the purpose of add- ulations as specified in paragraph (f) of ing hazardous waste or other material this section, are not managing haz- to the container as follows: ardous waste in light material service. (A) In the case when the container is (d) Container Level 2 standards. (1) A filled to the intended final level in one container using Container Level 2 con- continuous operation, the owner or op- trols is one of the following: erator shall promptly secure the clo- (i) A container that meets the appli- sure devices in the closed position and cable U.S. Department of Transpor- install the covers, as applicable to the tation (DOT) regulations on packaging container, upon conclusion of the fill- hazardous materials for transportation ing operation. as specified in paragraph (f) of this sec- (B) In the case when discrete quan- tion. tities or batches of material intermit- (ii) A container that operates with no tently are added to the container over detectable organic emissions as defined a period of time, the owner or operator in § 265.1081 of this subpart and deter- shall promptly secure the closure de- mined in accordance with the proce- vices in the closed position and install dure specified in paragraph (g) of this covers, as applicable to the container, section. upon either the container being filled (iii) A container that has been dem- to the intended final level; the comple- onstrated within the preceding 12 tion of a batch loading after which no months to be vapor-tight by using 40 additional material will be added to CFR part 60, appendix A, Method 27 in the container within 15 minutes; the accordance with the procedure speci- fied in paragraph (h) of this section. person performing the loading oper- (2) Transfer of hazardous waste in or ation leaving the immediate vicinity of out of a container using Container the container; or the shutdown of the Level 2 controls shall be conducted in process generating the material being such a manner as to minimize exposure added to the container, whichever con- of the hazardous waste to the atmos- dition occurs first. phere, to the extent practical, consid- (ii) Opening of a closure device or ering the physical properties of the cover is allowed for the purpose of re- hazardous waste and good engineering moving hazardous waste from the con- and safety practices for handling flam- tainer as follows: mable, ignitable, explosive, reactive or (A) For the purpose of meeting the other hazardous materials. Examples of requirements of this section, an empty container loading procedures that the container as defined in 40 CFR 261.7(b) EPA considers to meet the require- may be open to the atmosphere at any ments of this paragraph include using time (i.e., covers and closure devices any one of the following: A submerged- are not required to be secured in the fill pipe or other submerged-fill method closed position on an empty container). to load liquids into the container; a (B) In the case when discrete quan- vapor-balancing system or a vapor-re- tities or batches of material are re- covery system to collect and control moved from the container but the con- the vapors displaced from the con- tainer does not meet the conditions to tainer during filling operations; or a be an empty container as defined in 40 fitted opening in the top of a container CFR 261.7(b), the owner or operator through which the hazardous waste is shall promptly secure the closure de- filled and subsequently purging the vices in the closed position and install transfer line before removing it from covers, as applicable to the container, the container opening. upon the completion of a batch re- (3) Whenever a hazardous waste is in moval after which no additional mate- a container using Container Level 2 rial will be removed from the container
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within 15 minutes or the person per- (4) The owner or operator of con- forming the unloading operation leaves tainers using Container Level 2 con- the immediate vicinity of the con- trols shall inspect the containers and tainer, whichever condition occurs their covers and closure devices as fol- first. lows: (iii) Opening of a closure device or (i) In the case when a hazardous cover is allowed when access inside the waste already is in the container at the container is needed to perform routine time the owner or operator first ac- activities other than transfer of haz- cepts possession of the container at the ardous waste. Examples of such activi- facility and the container is not ties include those times when a worker emptied within 24 hours after the con- needs to open a port to measure the tainer is accepted at the facility (i.e., depth of or sample the material in the does not meet the conditions for an container, or when a worker needs to empty container as specified in 40 CFR open a manhole hatch to access equip- 261.7(b)), the owner or operator shall ment inside the container. Following visually inspect the container and its completion of the activity, the owner cover and closure devices to check for or operator shall promptly secure the visible cracks, holes, gaps, or other closure device in the closed position or open spaces into the interior of the reinstall the cover, as applicable to the container when the cover and closure container. devices are secured in the closed posi- tion. The container visual inspection (iv) Opening of a spring-loaded, pres- shall be conducted on or before the sure-vacuum relief valve, conservation date that the container is accepted at vent, or similar type of pressure relief the facility (i.e., the date the container device which vents to the atmosphere becomes subject to the subpart CC con- is allowed during normal operations for tainer standards). For purposes of this the purpose of maintaining the inter- requirement, the date of acceptance is nal pressure of the container in accord- the date of signature that the facility ance with the container design speci- owner or operator enters on Item 20 of fications. The device shall be designed the Uniform Hazardous Waste Manifest to operate with no detectable organic in the appendix to 40 CFR part 262 emission when the device is secured in (EPA Forms 8700–22 and 8700–22A), as the closed position. The settings at required under subpart E of this part, which the device opens shall be estab- at § 265.71. If a defect is detected, the lished such that the device remains in owner or operator shall repair the de- the closed position whenever the inter- fect in accordance with the require- nal pressure of the container is within ments of paragraph (d)(4)(iii) of this the internal pressure operating range section. determined by the owner or operator (ii) In the case when a container used based on container manufacturer rec- for managing hazardous waste remains ommendations, applicable regulations, at the facility for a period of 1 year or fire protection and prevention codes, more, the owner or operator shall vis- standard engineering codes and prac- ually inspect the container and its tices, or other requirements for the cover and closure devices initially and safe handling of flammable, ignitable, thereafter, at least once every 12 explosive, reactive, or hazardous mate- months, to check for visible cracks, rials. Examples of normal operating holes, gaps, or other open spaces into conditions that may require these de- the interior of the container when the vices to open are during those times cover and closure devices are secured when the internal pressure of the con- in the closed position. If a defect is de- tainer exceeds the internal pressure op- tected, the owner or operator shall re- erating range for the container as a re- pair the defect in accordance with the sult of loading operations or diurnal requirements of paragraph (d)(4)(iii) of ambient temperature fluctuations. this section. (v) Opening of a safety device, as de- (iii) When a defect is detected for the fined in § 265.1081 of this subpart, is al- container, cover, or closure devices, lowed at any time conditions require the owner or operator shall make first doing so to avoid an unsafe condition. efforts at repair of the defect no later
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than 24 hours after detection, and re- system, or control device used to com- pair shall be completed as soon as pos- ply with the requirements of paragraph sible but no later than 5 calendar days (e)(1) of this section. after detection. If repair of a defect (4) Owners and operators using Con- cannot be completed within 5 calendar tainer Level 3 controls in accordance days, then the hazardous waste shall be with the provisions of this subpart removed from the container and the shall inspect and monitor the closed- container shall not be used to manage vent systems and control devices as hazardous waste until the defect is re- specified in § 265.1088 of this subpart. paired. (5) Owners and operators that use (e) Container Level 3 standards. (1) A Container Level 3 controls in accord- container using Container Level 3 con- ance with the provisions of this sub- trols is one of the following: part shall prepare and maintain the (i) A container that is vented directly records specified in § 265.1090(d) of this through a closed-vent system to a con- subpart. trol device in accordance with the re- (6) Transfer of hazardous waste in or quirements of paragraph (e)(2)(ii) of out of a container using Container this section. Level 3 controls shall be conducted in (ii) A container that is vented inside such a manner as to minimize exposure an enclosure which is exhausted of the hazardous waste to the atmos- through a closed-vent system to a con- phere, to the extent practical, consid- trol device in accordance with the re- ering the physical properties of the quirements of paragraphs (e)(2)(i) and hazardous waste and good engineering (e)(2)(ii) of this section. and safety practices for handling flam- (2) The owner or operator shall meet mable, ignitable, explosive, reactive, or the following requirements, as applica- other hazardous materials. Examples of ble to the type of air emission control container loading procedures that the equipment selected by the owner or op- EPA considers to meet the require- erator: ments of this paragraph include using (i) The container enclosure shall be any one of the following: A submerged- designed and operated in accordance fill pipe or other submerged-fill method with the criteria for a permanent total to load liquids into the container; a enclosure as specified in ‘‘Procedure vapor-balancing system or a vapor-re- T—Criteria for and Verification of a covery system to collect and control Permanent or Temporary Total Enclo- the vapors displaced from the con- sure’’ under 40 CFR 52.741, appendix B. tainer during filling operations; or a The enclosure may have permanent or fitted opening in the top of a container temporary openings to allow worker through which the hazardous waste is access; passage of containers through filled and subsequently purging the the enclosure by conveyor or other me- transfer line before removing it from chanical means; entry of permanent the container opening. mechanical or electrical equipment; or (f) For the purpose of compliance direct airflow into the enclosure. The with paragraph (c)(1)(i) or (d)(1)(i) of owner or operator shall perform the this section, containers shall be used verification procedure for the enclo- that meet the applicable U.S. Depart- sure as specified in Section 5.0 to ment of Transportation (DOT) regula- ‘‘Procedure T—Criteria for and tions on packaging hazardous mate- Verification of a Permanent or Tem- rials for transportation as follows: porary Total Enclosure’’ initially when (1) The container meets the applica- the enclosure is first installed and, ble requirements specified in 49 CFR thereafter, annually. part 178—Specifications for Packaging (ii) The closed-vent system and con- or 49 CFR part 179—Specifications for trol device shall be designed and oper- Tank Cars. ated in accordance with the require- (2) Hazardous waste is managed in ments of § 265.1088 of this subpart. the container in accordance with the (3) Safety devices, as defined in applicable requirements specified in 49 § 265.1081 of this subpart, may be in- CFR part 107, subpart B—Exemptions; stalled and operated as necessary on 49 CFR part 172—Hazardous Materials any container, enclosure, closed-vent Table, Special Provisions, Hazardous
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Materials Communications, Emergency ±2.5 mm water and that is capable of Response Information, and Training measuring above the pressure at which Requirements; 49 CFR part 173—Ship- the container is to be tested for vapor pers—General Requirements for Ship- tightness. ments and Packages; and 49 CFR part (3) If the test results determined by 180—Continuing Qualification and Method 27 indicate that the container Maintenance of Packagings. sustains a pressure change less than or (3) For the purpose of complying with equal to 750 Pascals within 5 minutes this subpart, no exceptions to the 49 after it is pressurized to a minimum of CFR part 178 or part 179 regulations are 4,500 Pascals, then the container is de- allowed except as provided for in para- termined to be vapor-tight. graph (f)(4) of this section. [61 FR 59986, Nov. 25, 1996, as amended at 62 (4) For a lab pack that is managed in FR 64666, Dec. 8, 1997; 64 FR 3391, Jan. 21, accordance with the requirements of 49 1999; 71 FR 40276, July 14, 2006] CFR part 178 for the purpose of com- plying with this subpart, an owner or § 265.1088 Standards: Closed-vent sys- operator may comply with the excep- tems and control devices. tions for combination packagings spec- (a) This section applies to each ified in 49 CFR 173.12(b). closed-vent system and control device (g) To determine compliance with the installed and operated by the owner or no detectable organic emissions re- operator to control air emissions in ac- quirements of paragraph (d)(1)(ii) of cordance with standards of this sub- this section, the procedure specified in part. § 265.1084(d) of this subpart shall be (b) The closed-vent system shall used. meet the following requirements: (1) Each potential leak interface (i.e., (1) The closed-vent system shall a location where organic vapor leakage route the gases, vapors, and fumes could occur) on the container, its emitted from the hazardous waste in cover, and associated closure devices, the waste management unit to a con- as applicable to the container, shall be trol device that meets the require- checked. Potential leak interfaces that ments specified in paragraph (c) of this are associated with containers include, section. but are not limited to: The interface of (2) The closed-vent system shall be the cover rim and the container wall; designed and operated in accordance the periphery of any opening on the with the requirements specified in container or container cover and its as- § 265.1033(j) of this part. sociated closure device; and the sealing (3) In the case when the closed-vent seat interface on a spring-loaded pres- system includes bypass devices that sure-relief valve. could be used to divert the gas or vapor (2) The test shall be performed when stream to the atmosphere before enter- the container is filled with a material ing the control device, each bypass de- having a volatile organic concentra- vice shall be equipped with either a tion representative of the range of flow indicator as specified in paragraph volatile organic concentrations for the (b)(3)(i) of this section or a seal or hazardous wastes expected to be man- locking device as specified in para- aged in this type of container. During graph (b)(3)(ii) of this section. For the the test, the container cover and clo- purpose of complying with this para- sure devices shall be secured in the graph, low leg drains, high point closed position. bleeds, analyzer vents, open-ended (h) Procedure for determining a con- valves or lines, spring-loaded pressure tainer to be vapor-tight using Method relief valves, and other fittings used for 27 of 40 CFR part 60, appendix A for the safety purposes are not considered to purpose of complying with paragraph be bypass devices. (d)(1)(iii) of this section. (i) If a flow indicator is used to com- (1) The test shall be performed in ac- ply with paragraph (b)(3) of this sec- cordance with Method 27 of 40 CFR part tion, the indicator shall be installed at 60, appendix A of this chapter. the inlet to the bypass line used to di- (2) A pressure measurement device vert gases and vapors from the closed- shall be used that has a precision of vent system to the atmosphere at a
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point upstream of the control device devices do not apply during periods of inlet. For this paragraph, a flow indi- planned routine maintenance. cator means a device which indicates (iii) The specifications and require- the presence of either gas or vapor flow ments in paragraphs (c)(1)(i), (c)(1)(ii), in the bypass line. and (c)(1)(iii) of this section for control (ii) If a seal or locking device is used devices do not apply during a control to comply with paragraph (b)(3) of this device system malfunction. section, the device shall be placed on (iv) The owner or operator shall dem- the mechanism by which the bypass de- onstrate compliance with the require- vice position is controlled (e.g., valve ments of paragraph (c)(2)(i) of this sec- handle, damper lever) when the bypass tion (i.e., planned routine maintenance device is in the closed position such of a control device, during which the that the bypass device cannot be control device does not meet the speci- opened without breaking the seal or re- fications of paragraphs (c)(1)(i), moving the lock. Examples of such de- (c)(1)(ii), or (c)(1)(iii) of this section, as vices include, but are not limited to, a applicable, shall not exceed 240 hours car-seal or a lock-and-key configura- per year) by recording the information tion valve. The owner or operator shall specified in § 265.1090(e)(1)(v) of this visually inspect the seal or closure subpart. mechanism at least once every month (v) The owner or operator shall cor- to verify that the bypass mechanism is rect control device system malfunc- maintained in the closed position. tions as soon as practicable after their (4) The closed-vent system shall be occurrence in order to minimize excess inspected and monitored by the owner emissions of air pollutants. or operator in accordance with the pro- (vi) The owner or operator shall oper- cedure specified in 40 CFR 265.1033(k). ate the closed-vent system such that (c) The control device shall meet the gases, vapors, and/or fumes are not ac- following requirements: tively vented to the control device dur- (1) The control device shall be one of ing periods of planned maintenance or the following devices: control device system malfunction (i) A control device designed and op- (i.e., periods when the control device is erated to reduce the total organic con- not operating or not operating nor- tent of the inlet vapor stream vented mally) except in cases when it is nec- to the control device by at least 95 per- essary to vent the gases, vapors, or cent by weight; fumes to avoid an unsafe condition or (ii) An enclosed combustion device to implement malfunction corrective designed and operated in accordance actions or planned maintenance ac- with the requirements of § 265.1033(c); tions. or (3) The owner or operator using a car- (iii) A flare designed and operated in bon adsorption system to comply with accordance with the requirements of paragraph (c)(1) of this section shall § 265.1033(d). operate and maintain the control de- (2) The owner or operator who elects vice in accordance with the following to use a closed-vent system and control requirements: device to comply with the require- (i) Following the initial startup of ments of this section shall comply with the control device, all activated carbon the requirements specified in para- in the control device shall be replaced graphs (c)(2)(i) through (c)(2)(vi) of this with fresh carbon on a regular basis in section. accordance with the requirements of (i) Periods of planned routine main- § 265.1033(g) or § 265.1033(h). tenance of the control device, during (ii) All carbon that is a hazardous which the control device does not meet waste and that is removed from the the specifications of paragraphs control device shall be managed in ac- (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this cordance with the requirements of 40 section, as applicable, shall not exceed CFR 265.1033(m), regardless of the aver- 240 hours per year. age volatile organic concentration of (ii) The specifications and require- the carbon. ments in paragraphs (c)(1)(i), (c)(1)(ii), (4) An owner or operator using a con- and (c)(1)(iii) of this section for control trol device other than a thermal vapor
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incinerator, flare, boiler, process heat- equipment that is used for organic ad- er, condenser, or carbon adsorption sorption, organic desorption or carbon system to comply with paragraph (c)(1) regeneration, organic recovery, and of this section shall operate and main- carbon disposal. tain the control device in accordance (6) If the owner or operator and the with the requirements of § 265.1033(i). Regional Administrator do not agree (5) The owner or operator shall dem- on a demonstration of control device onstrate that a control device achieves performance using a design analysis the performance requirements of para- then the disagreement shall be resolved graph (c)(1) of this section as follows: using the results of a performance test (i) An owner or operator shall dem- performed by the owner or operator in onstrate using either a performance accordance with the requirements of test as specified in paragraph (c)(5)(iii) paragraph (c)(5)(iii) of this section. The of this section or a design analysis as Regional Administrator may choose to specified in paragraph (c)(5)(iv) of this have an authorized representative ob- section the performance of each con- serve the performance test. trol device except for the following: (7) The closed-vent system and con- (A) A flare; trol device shall be inspected and mon- (B) A boiler or process heater with a itored by the owner or operator in ac- design heat input capacity of 44 cordance with the procedures specified megawatts or greater; in 40 CFR 265.1033(f)(2) and 40 CFR (C) A boiler or process heater into 265.1033(k). The readings from each which the vent stream is introduced monitoring device required by 40 CFR with the primary fuel; 265.1033(f)(2) shall be inspected at least (D) A boiler or industrial furnace once each operating day to check con- burning hazardous waste for which the trol device operation. Any necessary owner or operator has been issued a corrective measures shall be imme- final permit under 40 CFR part 270 and diately implemented to ensure the con- has designed and operates the unit in trol device is operated in compliance accordance with the requirements of 40 with the requirements of this section. CFR part 266, subpart H; or (E) A boiler or industrial furnace [59 FR 62935, Dec. 6, 1994, as amended at 61 FR 4915, Feb. 9, 1996; 61 FR 59989, Nov. 25, burning hazardous waste for which the 1996; 62 FR 64667, Dec. 8, 1997] owner or operator has designed and op- erates in accordance with the interim § 265.1089 Inspection and monitoring status requirements of 40 CFR part 266, requirements. subpart H. (a) The owner or operator shall in- (ii) An owner or operator shall dem- spect and monitor air emission control onstrate the performance of each flare equipment used to comply with this in accordance with the requirements subpart in accordance with the applica- specified in § 265.1033(e). ble requirements specified in § 265.1085 (iii) For a performance test con- through § 265.1088 of this subpart. ducted to meet the requirements of (b) The owner or operator shall de- paragraph (c)(5)(i) of this section, the velop and implement a written plan owner or operator shall use the test and schedule to perform the inspec- methods and procedures specified in tions and monitoring required by para- § 265.1034(c)(1) through (c)(4). graph (a) of this section. The owner or (iv) For a design analysis conducted operator shall incorporate this plan to meet the requirements of paragraph and schedule into the facility inspec- (c)(5)(i) of this section, the design anal- tion plan required under 40 CFR 265.15. ysis shall meet the requirements speci- fied in § 265.1035(b)(4)(iii). [61 FR 59990, Nov. 25, 1996] (v) The owner or operator shall dem- onstrate that a carbon adsorption sys- § 265.1090 Recordkeeping require- tem achieves the performance require- ments. ments of paragraph (c)(1) of this sec- (a) Each owner or operator of a facil- tion based on the total quantity of ity subject to requirements in this sub- organics vented to the atmosphere part shall record and maintain the in- from all carbon adsorption system formation specified in paragraphs (b)
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through (j) of this section, as applica- pare and maintain records for each de- ble to the facility. Except for air emis- termination for the maximum organic sion control equipment design docu- vapor pressure of the hazardous waste mentation and information required by in the tank performed in accordance paragraphs (i) and (j) of this section, with the requirements of § 265.1085(c) of records required by this section shall this subpart. The records shall include be maintained in the operating record the date and time the samples were for a minimum of 3 years. Air emission collected, the analysis method used, control equipment design documenta- and the analysis results. tion shall be maintained in the oper- (ii) The owner or operator using an ating record until the air emission con- internal floating roof to comply with trol equipment is replaced or otherwise the Tank Level 2 control requirements no longer in service. Information re- specified in § 265.1085(e) of this subpart quired by paragraphs (i) and (j) of this shall prepare and maintain documenta- section shall be maintained in the op- tion describing the floating roof design. erating record for as long as the waste (iii) Owners and operators using an management unit is not using air emis- external floating roof to comply with sion controls specified in §§ 265.1085 the Tank Level 2 control requirements through 265.1088 of this subpart in ac- specified in § 265.1085(f) of this subpart cordance with the conditions specified shall prepare and maintain the fol- in § 265.1080(d) or § 265.1080(b)(7) of this lowing records: subpart, respectively. (A) Documentation describing the (b) The owner or operator of a tank floating roof design and the dimensions using air emission controls in accord- of the tank. ance with the requirements of § 265.1085 (B) Records for each seal gap inspec- of this subpart shall prepare and main- tion required by § 265.1085(f)(3) of this tain records for the tank that include subpart describing the results of the the following information: seal gap measurements. The records (1) For each tank using air emission shall include the date that the meas- controls in accordance with the re- urements were performed, the raw data quirements of § 265.1085 of this subpart, obtained for the measurements, and the owner or operator shall record: the calculations of the total gap sur- (i) A tank identification number (or face area. In the event that the seal other unique identification description gap measurements do not conform to as selected by the owner or operator). the specifications in § 265.1085(f)(1) of (ii) A record for each inspection re- this subpart, the records shall include quired by § 265.1085 of this subpart that a description of the repairs that were includes the following information: made, the date the repairs were made, (A) Date inspection was conducted. and the date the tank was emptied, if (B) For each defect detected during necessary. the inspection: The location of the de- (iv) Each owner or operator using an fect, a description of the defect, the enclosure to comply with the Tank date of detection, and corrective action Level 2 control requirements specified taken to repair the defect. In the event in § 265.1085(i) of this subpart shall pre- that repair of the defect is delayed in pare and maintain the following accordance with the provisions of records: § 265.1085 of this subpart, the owner or (A) Records for the most recent set of operator shall also record the reason calculations and measurements per- for the delay and the date that comple- formed by the owner or operator to tion of repair of the defect is expected. verify that the enclosure meets the cri- (2) In addition to the information re- teria of a permanent total enclosure as quired by paragraph (b)(1) of this sec- specified in ‘‘Procedure T—Criteria for tion, the owner or operator shall record and Verification of a Permanent or the following information, as applica- Temporary Total Enclosure’’ under 40 ble to the tank: CFR 52.741, appendix B. (i) The owner or operator using a (B) Records required for the closed- fixed roof to comply with the Tank vent system and control device in ac- Level 1 control requirements specified cordance with the requirements of in § 265.1085(c) of this subpart shall pre- paragraph (e) of this section.
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(c) The owner or operator of a surface (2) Records required for the closed- impoundment using air emission con- vent system and control device in ac- trols in accordance with the require- cordance with the requirements of ments of § 265.1086 of this subpart shall paragraph (e) of this section. prepare and maintain records for the (e) The owner or operator using a surface impoundment that include the closed-vent system and control device following information: in accordance with the requirements of (1) A surface impoundment identi- § 265.1088 of this subpart shall prepare fication number (or other unique iden- and maintain records that include the tification description as selected by following information: the owner or operator). (1) Documentation for the closed- (2) Documentation describing the vent system and control device that in- floating membrane cover or cover de- cludes: sign, as applicable to the surface im- (i) Certification that is signed and poundment, that includes information dated by the owner or operator stating prepared by the owner or operator or that the control device is designed to provided by the cover manufacturer or operate at the performance level docu- vendor describing the cover design, and mented by a design analysis as speci- certification by the owner or operator fied in paragraph (e)(1)(ii) of this sec- that the cover meets the specifications tion or by performance tests as speci- listed in § 265.1086(c) of this subpart. fied in paragraph (e)(1)(iii) of this sec- (3) A record for each inspection re- tion when the tank, surface impound- quired by § 265.1086 of this subpart that ment, or container is or would be oper- includes the following information: ating at capacity or the highest level (i) Date inspection was conducted. reasonably expected to occur. (ii) For each defect detected during the inspection the following informa- (ii) If a design analysis is used, then tion: The location of the defect, a de- design documentation as specified in 40 scription of the defect, the date of de- CFR 265.1035(b)(4). The documentation tection, and corrective action taken to shall include information prepared by repair the defect. In the event that re- the owner or operator or provided by pair of the defect is delayed in accord- the control device manufacturer or ance with the provisions of § 265.1086(f) vendor that describes the control de- of this subpart, the owner or operator vice design in accordance with 40 CFR shall also record the reason for the 265.1035(b)(4)(iii) and certification by delay and the date that completion of the owner or operator that the control repair of the defect is expected. equipment meets the applicable speci- (4) For a surface impoundment fications. equipped with a cover and vented (iii) If performance tests are used, through a closed-vent system to a con- then a performance test plan as speci- trol device, the owner or operator shall fied in 40 CFR 265.1035(b)(3) and all test prepare and maintain the records speci- results. fied in paragraph (e) of this section. (iv) Information as required by 40 (d) The owner or operator of con- CFR 265.1035(c)(1) and 40 CFR tainers using Container Level 3 air 265.1035(c)(2), as applicable. emission controls in accordance with (v) An owner or operator shall record, the requirements of § 265.1087 of this on a semiannual basis, the information subpart shall prepare and maintain specified in paragraphs (e)(1)(v)(A) and records that include the following in- (e)(1)(v)(B) of this section for those formation: planned routine maintenance oper- (1) Records for the most recent set of ations that would require the control calculations and measurements per- device not to meet the requirements of formed by the owner or operator to § 265.1088 (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) verify that the enclosure meets the cri- of this subpart, as applicable. teria of a permanent total enclosure as (A) A description of the planned rou- specified in ‘‘Procedure T—Criteria for tine maintenance that is anticipated to and Verification of a Permanent or be performed for the control device Temporary Total Enclosure’’ under 40 during the next 6-month period. This CFR 52.741, appendix B. description shall include the type of
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maintenance necessary, planned fre- operating log. If analysis results for quency of maintenance, and lengths of waste samples are used for the waste maintenance periods. determination, then the owner or oper- (B) A description of the planned rou- ator shall record the date, time, and lo- tine maintenance that was performed cation that each waste sample is col- for the control device during the pre- lected in accordance with applicable vious 6-month period. This description requirements of § 265.1084 of this sub- shall include the type of maintenance part. performed and the total number of (2) For tanks, surface impoundments, hours during those 6 months that the or containers exempted under the pro- control device did not meet the re- visions of § 265.1083(c)(2)(vii) or quirements of § 265.1088 (c)(1)(i), § 265.1083(c)(2)(viii) of this subpart, the (c)(1)(ii), or (c)(1)(iii) of this subpart, as owner or operator shall record the applicable, due to planned routine identification number for the inciner- maintenance. ator, boiler, or industrial furnace in (vi) An owner or operator shall which the hazardous waste is treated. record the information specified in (g) An owner or operator designating paragraphs (e)(1)(vi)(A) through a cover as ‘‘unsafe to inspect and mon- (e)(1)(vi)(C) of this section for those un- itor’’ pursuant to § 265.1085(l) or expected control device system mal- § 265.1086(g) of this subpart shall record functions that would require the con- in a log that is kept in the facility op- trol device not to meet the require- erating record the following informa- ments of § 265.1088 (c)(1)(i), (c)(1)(ii), or tion: The identification numbers for (c)(1)(iii) of this subpart, as applicable. waste management units with covers (A) The occurrence and duration of that are designated as ‘‘unsafe to in- each malfunction of the control device spect and monitor,’’ the explanation system. for each cover stating why the cover is (B) The duration of each period dur- unsafe to inspect and monitor, and the ing a malfunction when gases, vapors, plan and schedule for inspecting and or fumes are vented from the waste monitoring each cover. management unit through the closed- (h) The owner or operator of a facil- vent system to the control device while ity that is subject to this subpart and the control device is not properly func- to the control device standards in 40 tioning. CFR part 60, subpart VV, or 40 CFR (C) Actions taken during periods of part 61, subpart V, may elect to dem- malfunction to restore a malfunc- onstrate compliance with the applica- tioning control device to its normal or ble sections of this subpart by docu- usual manner of operation. mentation either pursuant to this sub- (vii) Records of the management of part, or pursuant to the provisions of 40 carbon removed from a carbon adsorp- CFR part 60, subpart VV or 40 CFR part tion system conducted in accordance 61, subpart V, to the extent that the with § 265.1088(c)(3)(ii) of this subpart. documentation required by 40 CFR (f) The owner or operator of a tank, parts 60 or 61 duplicates the docu- surface impoundment, or container ex- mentation required by this section. empted from standards in accordance (i) For each tank or container not with the provisions of § 265.1083(c) of using air emission controls specified in this subpart shall prepare and main- §§ 265.1085 through 265.1088 of this sub- tain the following records, as applica- part in accordance with the conditions ble: specified in § 265.1080(d) of this subpart, (1) For tanks, surface impoundments, the owner or operator shall record and or containers exempted under the haz- maintain the following information: ardous waste organic concentration (1) A list of the individual organic conditions specified in § 265.1083(c)(1) or peroxide compounds manufactured at § 265.1083(c)(2)(i) through (c)(2)(vi) of the facility that meet the conditions this subpart, the owner or operator specified in § 265.1080(d)(1). shall record the information used for (2) A description of how the haz- each waste determination (e.g., test re- ardous waste containing the organic sults, measurements, calculations, and peroxide compounds identified in para- other documentation) in the facility graph (i)(1) of this section are managed
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at the facility in tanks and containers. vided to explain: How use of the re- This description shall include the fol- quired air emission controls on the lowing information: containers would affect the container (i) For the tanks used at the facility design features and handling proce- to manage this hazardous waste, suffi- dures currently used to prevent an cient information shall be provided to undue safety hazard during the man- describe for each tank: A facility iden- agement of this hazardous waste in the tification number for the tank; the containers; and why installation of purpose and placement of this tank in safety devices on the required air emis- the management train of this haz- sion controls, as allowed under this ardous waste; and the procedures used subpart, will not address those situa- to ultimately dispose of the hazardous tions in which evacuation of containers waste managed in the tanks. equipped with these air emission con- (ii) For containers used at the facil- trols is necessary and consistent with ity to manage these hazardous wastes, good engineering and safety practices sufficient information shall be pro- for handling organic peroxides. vided to describe: A facility identifica- (j) For each hazardous waste manage- tion number for the container or group ment unit not using air emission con- of containers; the purpose and place- trols specified in §§ 265.1085 through ment of this container, or group of con- 265.1088 of this subpart in accordance tainers, in the management train of with the provisions of § 265.1080(b)(7) of this hazardous waste; and the proce- this subpart, the owner and operator dures used to ultimately dispose of the shall record and maintain the following hazardous waste handled in the con- information: tainers. (1) Certification that the waste man- (3) An explanation of why managing agement unit is equipped with and op- the hazardous waste containing the or- erating air emission controls in accord- ganic peroxide compounds identified in ance with the requirements of an appli- paragraph (i)(1) of this section in the cable Clean Air Act regulation codified tanks and containers as described in under 40 CFR part 60, part 61, or part paragraph (i)(2) of this section would 63. create an undue safety hazard if the air (2) Identification of the specific re- emission controls, as required under quirements codified under 40 CFR part §§ 265.1085 through 265.1088 of this sub- 60, part 61, or part 63 with which the part, are installed and operated on waste management unit is in compli- these waste management units. This ance. explanation shall include the following [61 FR 59990, Nov. 25, 1996, as amended at 62 information: FR 64667, Dec. 8, 1997; 71 FR 40276, July 14, (i) For tanks used at the facility to 2006] manage these hazardous wastes, suffi- cient information shall be provided to § 265.1091 [Reserved] explain: How use of the required air emission controls on the tanks would Subpart DD—Containment affect the tank design features and fa- Buildings cility operating procedures currently used to prevent an undue safety hazard SOURCE: 57 FR 37268, Aug. 18, 1992, unless during the management of this haz- otherwise noted. ardous waste in the tanks; and why in- stallation of safety devices on the re- § 265.1100 Applicability. quired air emission controls, as allowed The requirements of this subpart under this subpart, will not address apply to owners or operators who store those situations in which evacuation of or treat hazardous waste in units de- tanks equipped with these air emission signed and operated under § 265.1101 of controls is necessary and consistent this subpart. The owner or operator is with good engineering and safety prac- not subject to the definition of land tices for handling organic peroxides. disposal in RCRA section 3004(k) pro- (ii) For containers used at the facil- vided that the unit: ity to manage these hazardous wastes, (a) Is a completely enclosed, self-sup- sufficient information shall be pro- porting structure that is designed and
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constructed of manmade materials of elements, (e.g., precipitation, wind, sufficient strength and thickness to run-on), and to assure containment of support themselves, the waste con- managed wastes. tents, and any personnel and heavy (2) The floor and containment walls equipment that operate within the of the unit, including the secondary units, and to prevent failure due to containment system if required under pressure gradients, settlement, com- paragraph (b) of this section, must be pression, or uplift, physical contact designed and constructed of materials with the hazardous wastes to which of sufficient strength and thickness to they are exposed; climatic conditions; support themselves, the waste con- and the stresses of daily operation, in- tents, and any personnel and heavy cluding the movement of heavy equip- equipment that operate within the ment within the unit and contact of unit, and to prevent failure due to pres- such equipment with containment sure gradients, settlement, compres- walls; sion, or uplift, physical contact with (b) Has a primary barrier that is de- the hazardous wastes to which they are signed to be sufficiently durable to exposed; climatic conditions; and the withstand the movement of personnel stresses of daily operation, including and handling equipment within the the movement of heavy equipment unit; within the unit and contact of such (c) If the unit is used to manage liq- equipment with containment walls. uids, has: The unit must be designed so that it (1) A primary barrier designed and has sufficient structural strength to constructed of materials to prevent mi- prevent collapse or other failure. All gration of hazardous constituents into surfaces to be in contact with haz- the barrier; ardous wastes must be chemically com- (2) A liquid collection system de- patible with those wastes. EPA will signed and constructed of materials to consider standards established by pro- minimize the accumulation of liquid on fessional organizations generally rec- the primary barrier; and ognized by the industry such as the (3) A secondary containment system American Concrete Institute (ACI) and designed and constructed of materials the American Society of Testing Mate- to prevent migration of hazardous con- rials (ASTM) in judging the structural stituents into the barrier, with a leak integrity requirements of this para- detection and liquid collection system graph. If appropriate to the nature of capable of detecting, collecting, and re- the waste management operation to moving leaks of hazardous constituents take place in the unit, an exception to at the earliest possible time, unless the the structural strength requirement unit has been granted a variance from may be made for light-weight doors the secondary containment system re- and windows that meet these criteria: quirements under § 265.1101(b)(4); (i) They provide an effective barrier (d) Has controls as needed to prevent against fugitive dust emissions under fugitive dust emissions; and paragraph (c)(1)(iv); and (e) Is designed and operated to ensure (ii) The unit is designed and operated containment and prevent the tracking in a fashion that assures that wastes of materials from the unit by personnel will not actually come in contact with or equipment. these openings. [57 FR 37268, Aug. 18, 1992, as amended at 71 (3) Incompatible hazardous wastes or FR 16912, Apr. 4, 2006; 71 FR 40276, July 14, treatment reagents must not be placed 2006] in the unit or its secondary contain- ment system if they could cause the § 265.1101 Design and operating stand- unit or secondary containment system ards. to leak, corrode, or otherwise fail. (a) All containment buildings must (4) A containment building must comply with the following design have a primary barrier designed to standards: withstand the movement of personnel, (1) The containment building must be waste, and handling equipment in the completely enclosed with a floor, walls, unit during the operating life of the and a roof to prevent exposure to the unit and appropriate for the physical
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and chemical characteristics of the (iii) The secondary containment sys- waste to be managed. tem must be constructed of materials (b) For a containment building used that are chemically resistant to the to manage hazardous wastes con- waste and liquids managed in the con- taining free liquids or treated with free tainment building and of sufficient liquids (the presence of which is deter- strength and thickness to prevent col- mined by the paint filter test, a visual lapse under the pressure exerted by examination, or other appropriate overlaying materials and by any equip- means), the owner or operator must in- ment used in the containment building. clude: (Containment buildings can serve as (1) A primary barrier designed and secondary containment systems for constructed of materials to prevent the tanks placed within the building under migration of hazardous constituents certain conditions. A containment into the barrier (e.g. a geomembrane building can serve as an external liner covered by a concrete wear surface). system for a tank, provided it meets (2) A liquid collection and removal the requirements of § 265.193(e)(1). In system to prevent the accumulation of addition, the containment building liquid on the primary barrier of the must meet the requirements of § 265.193 containment building: (b) and (c) to be considered an accept- able secondary containment system for (i) The primary barrier must be a tank.) sloped to drain liquids to the associ- (4) For existing units other than 90- ated collection system; and day generator units, the Regional Ad- (ii) Liquids and waste must be col- ministrator may delay the secondary lected and removed to minimize hy- containment requirement for up to two draulic head on the containment sys- years, based on a demonstration by the tem at the earliest practicable time owner or operator that the unit sub- that protects human health and the en- stantially meets the standards of this vironment. Subpart. In making this demonstra- (3) A secondary containment system tion, the owner or operator must: including a secondary barrier designed (i) Provide written notice to the Re- and constructed to prevent migration gional Administrator of their request of hazardous constituents into the bar- by February 18, 1993. This notification rier, and a leak detection system that must describe the unit and its oper- is capable of detecting failure of the ating practices with specific reference primary barrier and collecting accumu- to the performance of existing contain- lated hazardous wastes and liquids at ment systems, and specific plans for the earliest practicable time. retrofitting the unit with secondary (i) The requirements of the leak de- containment; tection component of the secondary (ii) Respond to any comments from containment system are satisfied by the Regional Administrator on these installation of a system that is, at a plans within 30 days; and minimum: (iii) Fulfill the terms of the revised (A) Constructed with a bottom slope plans, if such plans are approved by the of 1 percent or more; and Regional Administrator. (B) Constructed of a granular drain- (c) Owners or operators of all con- age material with a hydraulic conduc- tainment buildings must: tivity of 1 × 10¥2 cm/sec or more and a (1) Use controls and practices to en- thickness of 12 inches (30.5 cm) or sure containment of the hazardous more, or constructed of synthetic or waste within the unit; and, at a min- geonet drainage materials with a imum: transmissivity of 3 × 10¥5 m2/sec or (i) Maintain the primary barrier to more. be free of significant cracks, gaps, cor- (ii) If treatment is to be conducted in rosion, or other deterioration that the building, an area in which such could cause hazardous waste to be re- treatment will be conducted must be leased from the primary barrier; designed to prevent the release of liq- (ii) Maintain the level of the stored/ uids, wet materials, or liquid aerosols treated hazardous waste within the to other portions of the building. containment walls of the unit so that
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the height of any containment wall is ing, and the schedule for accomplishing not exceeded; the work. (iii) Take measures to prevent the (ii) The Regional Administrator will tracking of hazardous waste out of the review the information submitted, unit by personnel or by equipment used make a determination regarding in handling the waste. An area must be whether the containment building designated to decontaminate equip- must be removed from service com- ment and any rinsate must be collected pletely or partially until repairs and and properly managed; and cleanup are complete, and notify the (iv) Take measures to control fugi- owner or operator of the determination tive dust emissions such that any open- and the underlying rationale in writ- ings (doors, windows, vents, cracks, ing. etc.) exhibit no visible emissions. In (iii) Upon completing all repairs and addition, all associated particulate col- cleanup the owner or operator must no- lection devices (e.g., fabric filter, elec- tify the Regional Administrator in trostatic precipitator) must be oper- writing and provide a verification, ated and maintained with sound air signed by a qualified, registered profes- pollution control practices. This state sional engineer, that the repairs and of no visible emissions must be main- cleanup have been completed according tained effectively at all times during to the written plan submitted in ac- normal operating conditions, including cordance with paragraph (c)(3)(i)(D) of when vehicles and personnel are enter- this section. ing and exiting the unit. (4) Inspect and record in the facility’s (2) Obtain and keep on-site a certifi- operating record at least once every cation by a qualified Professional Engi- seven days, except for Performance neer that the containment building de- Track member facilities, that must in- sign meets the requirements of para- spect up to once each month, upon ap- graphs (a), (b), and (c) of this section. proval of the director, data gathered (3) Throughout the active life of the from monitoring and leak detection containment building, if the owner or equipment as well as the containment operator detects a condition that could building and the area immediately sur- lead to or has caused a release of haz- rounding the containment building to ardous waste, the owner or operator detect signs of releases of hazardous must repair the condition promptly, in waste. To apply for reduced inspection accordance with the following proce- frequency, the Performance Track dures. member facility must follow the proce- (i) Upon detection of a condition that dures described in § 265.15(b)(5). has led to a release of hazardous waste (d) For a containment building that (e.g., upon detection of leakage from contains both areas with and without the primary barrier) the owner or oper- secondary containment, the owner or ator must: operator must: (A) Enter a record of the discovery in (1) Design and operate each area in the facility operating record; accordance with the requirements enu- (B) Immediately remove the portion merated in paragraphs (a) through (c) of the containment building affected of this section; by the condition from service; (2) Take measures to prevent the re- (C) Determine what steps must be lease of liquids or wet materials into taken to repair the containment build- areas without secondary containment; ing, remove any leakage from the sec- and ondary collection system, and establish (3) Maintain in the facility’s oper- a schedule for accomplishing the clean- ating log a written description of the up and repairs; and operating procedures used to maintain (D) Within 7 days after the discovery the integrity of areas without sec- of the condition, notify the Regional ondary containment. Administrator of the condition, and (e) Notwithstanding any other provi- within 14 working days, provide a writ- sion of this subpart, the Regional Ad- ten notice to the Regional Adminis- ministrator may waive requirements trator with a description of the steps for secondary containment for a per- taken to repair the containment build- mitted containment building where the
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owner or operator demonstrates that § 265.1200 Applicability. the only free liquids in the unit are The requirements of this subpart limited amounts of dust suppression apply to owners or operators who store liquids required to meet occupational munitions and explosive hazardous health and safety requirements, and wastes, except as § 265.1 provides other- where containment of managed wastes wise. (NOTE: Depending on explosive and liquids can be assured without a hazards, hazardous waste munitions secondary containment system. and explosives may also be managed in [57 FR 37268, Aug. 18, 1992, as amended at 71 other types of storage units, including FR 16912, Apr. 4, 2006; 71 FR 40276, July 14, containment buildings (40 CFR part 2006] 265, subpart DD), tanks (40 CFR part 265, subpart J), or containers (40 CFR § 265.1102 Closure and post-closure part 265, subpart I); See 40 CFR 266.205 care. for storage of waste military muni- (a) At closure of a containment build- tions). ing, the owner or operator must re- move or decontaminate all waste resi- § 265.1201 Design and operating stand- dues, contaminated containment sys- ards. tem components (liners, etc.), contami- (a) Hazardous waste munitions and nated subsoils, and structures and explosives storage units must be de- equipment contaminated with waste signed and operated with containment and leachate, and manage them as haz- systems, controls, and monitoring, ardous waste unless § 261.3(d) of this that: chapter applies. The closure plan, clo- (1) Minimize the potential for detona- sure activities, cost estimates for clo- tion or other means of release of haz- sure, and financial responsibility for ardous waste, hazardous constituents, containment buildings must meet all hazardous decomposition products, or of the requirements specified in sub- contaminated run-off, to the soil, parts G and H of this part. ground water, surface water, and at- (b) If, after removing or decontami- mosphere; nating all residues and making all rea- (2) Provide a primary barrier, which sonable efforts to effect removal or de- may be a container (including a shell) contamination of contaminated compo- or tank, designed to contain the haz- nents, subsoils, structures, and equip- ardous waste; ment as required in paragraph (a) of (3) For wastes stored outdoors, pro- this section, the owner or operator vide that the waste and containers will finds that not all contaminated sub- not be in standing precipitation; soils can be practicably removed or de- (4) For liquid wastes, provide a sec- contaminated, he must close the facil- ondary containment system that ity and perform post-closure care in ac- assures that any released liquids are cordance with the closure and post-clo- contained and promptly detected and sure requirements that apply to land- removed from the waste area, or vapor fills (§ 265.310). In addition, for the pur- detection system that assures that any poses of closure, post-closure, and fi- released liquids or vapors are promptly nancial responsibility, such a contain- detected and an appropriate response ment building is then considered to be taken (e.g., additional containment, a landfill, and the owner or operator such as overpacking, or removal from must meet all of the requirements for the waste area); and landfills specified in subparts G and H (5) Provide monitoring and inspec- of this part. tion procedures that assure the con- trols and containment systems are §§ 265.1103–265.1110 [Reserved] working as designed and that releases that may adversely impact human Subpart EE—Hazardous Waste health or the environment are not es- Munitions and Explosives Storage caping from the unit. (b) Hazardous waste munitions and SOURCE: 62 FR 6653, Feb. 12, 1997, unless explosives stored under this subpart otherwise noted. may be stored in one of the following:
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(1) Earth-covered magazines. Earth- to ensure that there is no migration of covered magazines must be: contaminants out of the unit. (i) Constructed of waterproofed, rein- forced concrete or structural steel § 265.1202 Closure and post-closure arches, with steel doors that are kept care. closed when not being accessed; (a) At closure of a magazine or unit (ii) Designed and constructed: which stored hazardous waste under (A) To be of sufficient strength and this subpart, the owner or operator thickness to support the weight of any must remove or decontaminate all explosives or munitions stored and any waste residues, contaminated contain- equipment used in the unit; ment system components, contami- nated subsoils, and structures and (B) To provide working space for per- equipment contaminated with waste, sonnel and equipment in the unit; and and manage them as hazardous waste (C) To withstand movement activi- unless § 261.3(d) of this chapter applies. ties that occur in the unit; and The closure plan, closure activities, (iii) Located and designed, with walls cost estimates for closure, and finan- and earthen covers that direct an ex- cial responsibility for magazines or plosion in the unit in a safe direction, units must meet all of the require- so as to minimize the propagation of an ments specified in subparts G and H of explosion to adjacent units and to min- this part, except that the owner or op- imize other effects of any explosion. erator may defer closure of the unit as (2) Above-ground magazines. Above- long as it remains in service as a muni- ground magazines must be located and tions or explosives magazine or storage designed so as to minimize the propa- unit. gation of an explosion to adjacent (b) If, after removing or decontami- units and to minimize other effects of nating all residues and making all rea- any explosion. sonable efforts to effect removal or de- (3) Outdoor or open storage areas. Out- contamination of contaminated compo- door or open storage areas must be lo- nents, subsoils, structures, and equip- cated and designed so as to minimize ment as required in paragraph (a) of the propagation of an explosion to ad- this section, the owner or operator jacent units and to minimize other ef- finds that not all contaminated sub- fects of any explosion. soils can be practicably removed or de- (c) Hazardous waste munitions and contaminated, he or she must close the explosives must be stored in accord- facility and perform post-closure care ance with a Standard Operating Proce- in accordance with the closure and dure specifying procedures to ensure post-closure requirements that apply safety, security, and environmental to landfills (40 CFR 264.310). protection. If these procedures serve the same purpose as the security and APPENDIX I TO PART 265— inspection requirements of 40 CFR RECORDKEEPING INSTRUCTIONS 265.14, the preparedness and prevention The recordkeeping provisions of § 265.73 procedures of 40 CFR part 265, subpart specify that an owner or operator must keep C, and the contingency plan and emer- a written operating record at his facility. gency procedures requirements of 40 This appendix provides additional instruc- CFR part 265, subpart D, then these tions for keeping portions of the operating procedures will be used to fulfill those record. See § 265.73(b) for additional record- requirements. keeping requirements. The following information must be re- (d) Hazardous waste munitions and corded, as it becomes available, and main- explosives must be packaged to ensure tained in the operating record until closure safety in handling and storage. of the facility in the following manner: (e) Hazardous waste munitions and Records of each hazardous waste received, explosives must be inventoried at least treated, stored, or disposed of at the facility annually. which include the following: (1) A description by its common name and (f) Hazardous waste munitions and the EPA Hazardous Waste Number(s) from explosives and their storage units must part 261 of this chapter which apply to the be inspected and monitored as nec- waste. The waste description also must in- essary to ensure explosives safety and clude the waste’s physical form, i.e., liquid,
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sludge, solid, or contained gas. If the waste S05 Drip Pad is not listed in part 261, subpart D, of this S06 Containment Building (Storage) chapter, the description also must include S99 Other Storage (specify) the process that produced it (for example, solid filter cake from production of lll, 2. Treatment EPA Hazardous Waste Number W051). (a) Thermal Treatment— Each hazardous waste listed in part 261, T06 Liquid injection incinerator subpart D, of this chapter, and each haz- T07 Rotary kiln incinerator ardous waste characteristic defined in part T08 Fluidized bed incinerator 261, subpart C, of this chapter, has a four- T09 Multiple hearth incinerator digit EPA Hazardous Waste Number assigned T10 Infrared furnace incinerator to it. This number must be used for record- T11 Molten salt destructor keeping and reporting purposes. Where a haz- T12 Pyrolysis ardous waste contains more than one listed T13 Wet Air oxidation hazardous waste, or where more than one T14 Calcination hazardous waste characteristic applies to the T15 Microwave discharge waste, the waste description must include all T18 Other (specify) applicable EPA Hazardous Waste Numbers. (2) The estimated or manifest-reported (b) Chemical Treatment— weight, or volume and density, where appli- T19 Absorption mound cable, in one of the units of measure speci- T20 Absorption field fied in Table 1; and T21 Chemical fixation T22 Chemical oxidation TABLE 1 T23 Chemical precipitation T24 Chemical reduction Unit of measure Code 1 T25 Chlorination T26 Chlorinolysis Gallons ...... G T27 Cyanide destruction Gallons per Hour ...... E T28 Degradation Gallons per Day ...... U Liters ...... L T29 Detoxification Liters Per Hour ...... H T30 Ion exchange Liters Per Day ...... V T31 Neutralization Short Tons Per Hour ...... D T32 Ozonation Metric Tons Per Hour ...... W T33 Photolysis Short Tons Per Day ...... N T34 Other (specify) Metric Tons Per Day ...... S Pounds Per Hour ...... J (c) Physical Treatment— Kilograms Per Hour ...... R (1) Separation of components Cubic Yards ...... Y T35 Centrifugation Cubic Meters ...... C T36 Clarification Acres ...... B Acre-feet ...... A T37 Coagulation Hectares ...... Q T38 Decanting Hectare-meter ...... F T39 Encapsulation Btu’s per Hour ...... I T40 Filtration Pounds ...... P T41 Flocculation Short tons ...... T T42 Flotation Kilograms ...... K Tons ...... M T43 Foaming T44 Sedimentation 1 Single digit symbols are used here for data processing T45 Thickening purposes. T46 Ultrafiltration (3) The method(s) (by handling code(s) as T47 Other (specify) specified in Table 2) and date(s) of treat- (2) Removal of Specific Components ment, storage, or disposal. T48 Absorption-molecular sieve TABLE 2—HANDLING CODES FOR TREATMENT, T49 Activated carbon STORAGE AND DISPOSAL METHODS T50 Blending T51 Catalysis Enter the handling code(s) listed below T52 Crystallization that most closely represents the technique(s) T53 Dialysis used at the facility to treat, store or dispose T54 Distillation of each quantity of hazardous waste re- T55 Electrodialysis ceived. T56 Electrolysis T57 Evaporation 1. Storage T58 High gradient magnetic separation S01 Container (barrel, drum, etc.) T59 Leaching S02 Tank T60 Liquid ion exchange S03 Waste Pile T61 Liquid-liquid extraction S04 Surface Impoundment T62 Reverse osmosis
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T63 Solvent recovery APPENDIX II TO PART 265 [RESERVED] T64 Stripping T65 Sand filter APPENDIX III TO PART 265—EPA IN- T66 Other (specify) TERIM PRIMARY DRINKING WATER (d) Biological Treatment STANDARDS
T67 Activated sludge Maximum level T68 Aerobic lagoon Parameter (mg/l) T69 Aerobic tank Arsenic ...... 0.05 T70 Anaerobic tank Barium ...... 1.0 T71 Composting Cadmium ...... 0.01 T72 Septic tank Chromium ...... 0.05 T73 Spray irrigation Fluoride ...... 1.4–2.4 T74 Thickening filter Lead ...... 0.05 Mercury ...... 0.002 T75 Trickling filter Nitrate (as N) ...... 10 T76 Waste stabilization pond Selenium ...... 0.01 T77 Other (specify) Silver ...... 0.05 T78–T79 [Reserved] Endrin ...... 0.0002 Lindane ...... 0.004 (e) Boilers and Industrial Furnaces Methoxychlor ...... 0.1 T80 Boiler Toxaphene ...... 0.005 T81 Cement Kiln 2,4-D ...... 0.1 T82 Lime Kiln 2,4,5-TP Silver ...... 0.01 Radium ...... 5 pCi/1 T83 Aggregate Kiln Gross Alpha ...... 15 pCi/1 T84 Phosphate Kiln Gross Beta ...... 4 millirem/yr T85 Coke Oven Turbidity ...... 1/TU T86 Blast Furnace Coliform Bacteria ...... 1/100 ml T87 Smelting, Melting, or Refining Furnace [Comment: Turbidity is applicable only to surface water T88 Titanium Dioxide Chloride Process Oxi- supplies.] dation Reactor T89 Methane Reforming Furnace APPENDIX IV TO PART 265—TESTS FOR T90 Pulping Liquor Recovery Furnace SIGNIFICANCE T91 Combustion Device Used in the Recov- As required in § 265.93(b) the owner or oper- ery of Sulfur Values From Spent Sulfuric ator must use the Student’s t-test to deter- Acid mine statistically significant changes in the T92 Halogen Acid Furnaces concentration or value of an indicator pa- T93 Other Industrial Furnaces Listed in 40 rameter in periodic ground-water samples CFR 260.10 (specify) when compared to the initial background (f) Other Treatment concentration or value of that indicator parameter. The comparison must consider T94 Containment Building (Treatment) individually each of the wells in the moni- toring system. For three of the indicator pa- 3. Disposal rameters (specific conductance, total organic D79 Underground Injection carbon, and total organic halogen) a single- D80 Landfill tailed Student’s t-test must be used to test D81 Land Treatment at the 0.01 level of significance for signifi- cant increases over background. The dif- D82 Ocean Disposal ference test for pH must be a two-tailed Stu- D83 Surface Impoundment (to be closed as a dent’s t-test at the overall 0.01 level of sig- landfill) nificance. D99 Other Disposal (specify) The student’s t-test involves calculation of the value of a t-statistic for each comparison 4. Miscellaneous of the mean (average) concentration or value X01 Open Burning/Open Detonation (based on a minimum of four replicate meas- X02 Mechanical Processing urements) of an indicator parameter with its X03 Thermal Unit initial background concentration or value. X04 Geologic Repository The calculated value of the t-statistic must then be compared to the value of the t-sta- X99 Other (specify) tistic found in a table for t-test of signifi- [45 FR 33232, May 19, 1980, as amended at 59 cance at the specified level of significance. A FR 13892, Mar. 24, 1994; 71 FR 40276, July 14, calculated value of t which exceeds the value 2006] of t found in the table indicates a statis- tically significant change in the concentra- tion or value of the indicator parameter.
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Formulae for calculation of the t-statistic It is possible for potentially incompatible and tables for t-test of significance can be wastes to be mixed in a way that precludes found in most introductory statistics texts. a reaction (e.g., adding acid to water rather than water to acid) or that neutralizes them APPENDIX V TO PART 265—EXAMPLES OF (e.g., a strong acid mixed with a strong POTENTIALLY INCOMPATIBLE WASTE base), or that controls substances produced (e.g., by generating flammable gases in a Many hazardous wastes, when mixed with closed tank equipped so that ignition cannot other waste or materials at a hazardous occur, and burning the gases in an inciner- waste facility, can produce effects which are ator). harmful to human health and the environ- In the lists below, the mixing of a Group A ment, such as (1) heat or pressure, (2) fire or material with a Group B material may have explosion, (3) violent reaction, (4) toxic the potential consequence as noted. dusts, mists, fumes, or gases, or (5) flam- mable fumes or gases. Below are examples of potentially incom- patible wastes, waste components, and mate- Group 1–A Group 1–B rials, along with the harmful consequences which result from mixing materials in one Acetylene sludge Acid sludge group with materials in another group. The Alkaline caustic liquids Acid and water list is intended as a guide to owners or oper- Alkaline cleaner Battery acid ators of treatment, storage, and disposal fa- Alkaline corrosive liquids Chemical clean- cilities, and to enforcement and permit ers granting officials, to indicate the need for Alkaline corrosive battery fluid Electrolyte, acid Caustic wastewater Etching acid liq- special precautions when managing these po- uid or solvent tentially incompatible waste materials or Lime sludge and other corrosive alkalies components. Lime wastewater Pickling liquor This list is not intended to be exhaustive. and other cor- An owner or operator must, as the regula- rosive acids tions require, adequately analyze his wastes Lime and water Spent acid so that he can avoid creating uncontrolled Spent caustic Spent mixed acid substances or reactions of the type listed Spent sulfuric acid below, whether they are listed below or not.
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Potential consequences: Heat generation; Potential consequences: Fire or explosion; violent reaction. generation of flammable hydrogen gas.
Group 2–A Group 2–B Group 3–A Group 3–B
Aluminum Any waste in Alcohols Any concentrated Group 1–A or waste in 1–B Groups 1–A or Beryllium 1–B Calcium Water Calcium Lithium Lithium Metal hydrides Magnesium Potassium Potassium SO2Cl2, SOCl2, Sodium PCl3, CH3SiCl3 Zinc powder Other water-reac- Other reactive metals and metal hydrides tive waste
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Potential consequences: Fire, explosion, or Group 6–A Group 6–B heat generation; generation of flammable or toxic gases. Chlorates Acetic acid and other organic Group 4–A Group 4–B acids Chlorine Concentrated Alcohols Concentrated mineral acids Group 1–A or Chlorites Group 2–A 1–B wastes wastes Aldehydes Group 2–A Chromic acid Group 4–A wastes wastes Hyphochlorites Other flammable Halogenated hydrocarbons and combus- Nitrated hydrocarbons tible wastes Unsaturated hydrocarbons Nitrates Other reactive organic compounds and Nitric acid, fuming solvents Perchlorates Permanganates Potential consequences: Fire, explosion, or Peroxides violent reaction. Other strong oxidizers
Group 5–A Group 5–B Potential consequences: Fire, explosion, or violent reaction. Spent cyanide and sulfide solutions Group 1–B SOURCE: ‘‘Law, Regulations, and Guidelines wastes for Handling of Hazardous Waste.’’ California Department of Health, February 1975. Potential consequences: Generation of toxic hydrogen cyanide or hydrogen sulfide [45 FR 33232, May 19, 1980, as amended at 71 gas. FR 40276, July 14, 2006]
APPENDIX VI TO PART 265—COMPOUNDS WITH HENRY’S LAW CONSTANT LESS THAN 0.1 Y/X
Compound name CAS No.
Acetaldol ...... 107–89–1 Acetamide ...... 60–35–5 2-Acetylaminofluorene ...... 53–96–3 3-Acetyl-5-hydroxypiperidine. 3-Acetylpiperidine ...... 618–42–8 1-Acetyl-2-thiourea ...... 591–08–2 Acrylamide ...... 79–06–1 Acrylic acid ...... 79–10–7 Adenine ...... 73–24–5 Adipic acid ...... 124–04–9 Adiponitrile ...... 111–69–3 Alachlor ...... 15972–60–8 Aldicarb ...... 116–06–3 Ametryn ...... 834–12–8 4-Aminobiphenyl ...... 92–67–1 4-Aminopyridine ...... 504–24–5 Aniline ...... 62–53–3 o-Anisidine ...... 90–04–0 Anthraquinone ...... 84–65–1 Atrazine ...... 1912–24–9 Benzenearsonic acid ...... 98–05–5 Benzenesulfonic acid ...... 98–11–3 Benzidine ...... 92–87–5 Benzo(a)anthracene ...... 56–55–3 Benzo(k)fluoranthene ...... 207–08–9 Benzoic acid ...... 65–85–0 Benzo(g,h,i)perylene ...... 191–24–2 Benzo(a)pyrene ...... 50–32–8 Benzyl alcohol ...... 100–51–6 gamma-BHC ...... 58–89–9 Bis(2-ethylhexyl)phthalate ...... 117–81–7 Bromochloromethyl acetate. Bromoxynil ...... 1689–84–5 Butyric acid ...... 107–92–6 Caprolactam (hexahydro-2H-azepin-2-one) ...... 105–60–2 Catechol (o-dihydroxybenzene) ...... 120–80–9 Cellulose ...... 9004–34–6 Cell wall.
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Compound name CAS No.
Chlorhydrin (3-Chloro-1,2-propanediol) ...... 96–24–2 Chloroacetic acid ...... 79–11–8 2-Chloroacetophenone ...... 93–76–5 p-Chloroaniline ...... 106–47–8 p-Chlorobenzophenone ...... 134–85–0 Chlorobenzilate ...... 510–15–6 p-Chloro-m-cresol (6-chloro-m-cresol) ...... 59–50–7 3-Chloro-2,5-diketopyrrolidine. Chloro-1,2-ethane diol. 4-Chlorophenol ...... 106–48–9 Chlorophenol polymers (2-chlorophenol & 4-chlorophenol) ...... 95–57–8 & 106–48–9 1-(o-Chlorophenyl)thiourea ...... 5344–82–1 Chrysene ...... 218–01–9 Citric acid ...... 77–92–9 Creosote ...... 8001–58–9 m-Cresol ...... 108–39–4 o-Cresol ...... 95–48–7 p-Cresol ...... 106–44–5 Cresol (mixed isomers) ...... 1319–77–3 4-Cumylphenol ...... 27576–86 Cyanide ...... 57–12–5 4-Cyanomethyl benzoate. Diazinon ...... 333–41–5 Dibenzo(a,h)anthracene ...... 53–70–3 Dibutylphthalate ...... 84–74–2 2,5-Dichloroaniline (N,N′-dichloroaniline) ...... 95–82–9 2,6-Dichlorobenzonitrile11 ...... 1194–65–6 2,6-Dichloro-4-nitroaniline ...... 99–30–9 2,5-Dichlorophenol ...... 333–41–5 3,4-Dichlorotetrahydrofuran ...... 3511–19 Dichlorvos (DDVP) ...... 62–73–7 Diethanolamine ...... 111–42–2 N,N-Diethylaniline ...... 91–66–7 Diethylene glycol ...... 111–46–6 Diethylene glycol dimethyl ether (dimethyl Carbitol) ...... 111–96–6 Diethylene glycol monobutyl ether (butyl Carbitol) ...... 112–34–5 Diethylene glycol monoethyl ether acetate (Carbitol acetate) ...... 112–15–2 Diethylene glycol monoethyl ether (Carbitol Cellosolve) ...... 111–90–0 Diethylene glycol monomethyl ether (methyl Carbitol) ...... 111–77–3 N,N′-Diethylhydrazine ...... 1615–80–1 Diethyl (4-methylumbelliferyl) thionophosphate ...... 299–45–6 Diethyl phosphorothioate ...... 126–75–0 N,N′-Diethylpropionamide ...... 15299–99–7 Dimethoate ...... 60–51–5 2,3-Dimethoxystrychnidin-10-one ...... 357–57–3 4-Dimethylaminoazobenzene ...... 60–11–7 7,12-Dimethylbenz(a)anthracene ...... 57–97–6 3,3-Dimethylbenzidine ...... 119–93–7 Dimethylcarbamoyl chloride ...... 79–44–7 Dimethyldisulfide ...... 624–92–0 Dimethylformamide ...... 68–12–2 1,1-Dimethylhydrazine ...... 57–14–7 Dimethylphthalate ...... 131–11–3 Dimethylsulfone ...... 67–71–0 Dimethylsulfoxide ...... 67–68–5 4,6-Dinitro-o-cresol ...... 534–52–1 1,2-Diphenylhydrazine ...... 122–66–7 Dipropylene glycol (1,1′-oxydi-2-propanol) ...... 110–98–5 Endrin ...... 72–20–8 Epinephrine ...... 51–43–4 mono-Ethanolamine ...... 141–43–5 Ethyl carbamate (urethane) ...... 5–17–96 Ethylene glycol ...... 107–21–1 Ethylene glycol monobutyl ether (butyl Cellosolve) ...... 111–76–2 Ethylene glycol monoethyl ether (Cellosolve) ...... 110–80–5 Ethylene glycol monoethyl ether acetate (Cellosolve acetate) ...... 111–15–9 Ethylene glycol monomethyl ether (methyl Cellosolve) ...... 109–86–4 Ethylene glycol monophenyl ether (phenyl Cellosolve) ...... 122–99–6 Ethylene glycol monopropyl ether (propyl Cellosolve) ...... 2807–30–9 Ethylene thiourea (2-imidazolidinethione) ...... 96–45–7 4-Ethylmorpholine ...... 100–74–3 3-Ethylphenol ...... 620–17–7 Fluoroacetic acid, sodium salt ...... 62–74–8
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Compound name CAS No.
Formaldehyde ...... 50–00–0 Formamide ...... 75–12–7 Formic acid ...... 64–18–6 Fumaric acid ...... 110–17–8 Glutaric acid ...... 110–94–1 Glycerin (Glycerol) ...... 56–81–5 Glycidol ...... 556–52–5 Glycinamide ...... 598–41–4 Glyphosate ...... 1071–83–6 Guthion ...... 86–50–0 Hexamethylene-1,6-diisocyanate (1,6-diisocyanatohexane) ...... 822–06–0 Hexamethyl phosphoramide ...... 680–31–9 Hexanoic acid ...... 142–62–1 Hydrazine ...... 302–01–2 Hydrocyanic acid ...... 74–90–8 Hydroquinone ...... 123–31–9 Hydroxy-2-propionitrile (hydracrylonitrile) ...... 109–78–4 Indeno (1,2,3-cd) pyrene ...... 193–39–5 Lead acetate ...... 301–04–2 Lead subacetate (lead acetate, monobasic) ...... 1335–32–6 Leucine ...... 61–90–5 Malathion ...... 121–75–5 Maleic acid ...... 110–16–7 Maleic anhydride ...... 108–31–6 Mesityl oxide ...... 141–79–7 Methane sulfonic acid ...... 75–75–2 Methomyl ...... 16752–77–5 p-Methoxyphenol ...... 150–76–5 Methyl acrylate ...... 96–33–3 4,4′-Methylene-bis-(2-chloroaniline) ...... 101–14–4 4,4′-Methylenediphenyl diisocyanate (diphenyl methane diisocyanate) ...... 101–68–8 4,4′-Methylenedianiline ...... 101–77–9 Methylene diphenylamine (MDA). 5-Methylfurfural ...... 620–02–0 Methylhydrazine ...... 60–34–4 Methyliminoacetic acid. Methyl methane sulfonate ...... 66–27–3 1-Methyl-2-methoxyaziridine. Methylparathion ...... 298–00–0 Methyl sulfuric acid (sulfuric acid, dimethyl ester) ...... 77–78–1 4-Methylthiophenol ...... 106–45–6 Monomethylformamide (N-methylformamide) ...... 123–39–7 Nabam ...... 142–59–6 alpha-Naphthol ...... 90–15–3 beta-Naphthol ...... 135–19–3 alpha-Naphthylamine ...... 134–32–7 beta-Naphthylamine ...... 91–59–8 Neopentyl glycol (dimethylpropane) ...... 126–30–7 Niacinamide ...... 98–92–0 o-Nitroaniline ...... 88–74–4 Nitroglycerin ...... 55–63–0 2-Nitrophenol ...... 88–75–5 4-Nitrophenol ...... 100–02–7 N-Nitrosodimethylamine ...... 62–75–9 Nitrosoguanidine ...... 674–81–7 N-Nitroso-n-methylurea ...... 684–93–5 N-Nitrosomorpholine (4-nitrosomorpholine) ...... 59–89–2 Oxalic acid ...... 144–62–7 Parathion ...... 56–38–2 Pentaerythritol ...... 115–77–5 Phenacetin ...... 62–44–2 Phenol ...... 108–95–2 Phenylacetic acid ...... 103–82–2 m-Phenylene diamine ...... 108–45–2 o-Phenylene diamine ...... 95–54–5 p-Phenylene diamine ...... 106–50–3 Phenyl mercuric acetate ...... 62–38–4 Phorate ...... 298–02–2 Phthalic anhydride ...... 85–44–9 alpha-Picoline (2-methyl pyridine) ...... 109–06–8 1,3-Propane sultone ...... 1120–71–4 beta-Propiolactone ...... 57–57–8 Proporur (Baygon). Propylene glycol ...... 57–55–6
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Compound name CAS No.
Pyrene ...... 129–00–0 Pyridinium bromide ...... 39416–48–3 Quinoline ...... 91–22–5 Quinone (p-benzoquinone) ...... 106–51–4 Resorcinol ...... 108–46–3 Simazine ...... 122–34–9 Sodium acetate ...... 127–09–3 Sodium formate ...... 141–53–7 Strychnine ...... 57–24–9 Succinic acid ...... 110–15–6 Succinimide ...... 123–56–8 Sulfanilic acid ...... 121–47–1 Terephthalic acid ...... 100–21–0 Tetraethyldithiopyrophosphate ...... 3689–24–5 Tetraethylenepentamine ...... 112–57–2 Thiofanox ...... 39196–18–4 Thiosemicarbazide ...... 79–19–6 2,4-Toluenediamine ...... 95–80–7 2,6-Toluenediamine ...... 823–40–5 3,4-Toluenediamine ...... 496–72–0 2,4-Toluene diisocyanate ...... 584–84–9 p-Toluic acid ...... 99–94–5 m-Toluidine ...... 108–44–1 1,1,2-Trichloro-1,2,2-trifluoroethane ...... 76–13–1 Triethanolamine ...... 102–71–6 Triethylene glycol dimethyl ether. Tripropylene glycol ...... 24800–44–0 Warfarin ...... 81–81–2 3,4-Xylenol (3,4-dimethylphenol) ...... 95–65–8
[62 FR 64668, Dec. 8, 1997, as amended at 71 FR 40276, July 14, 2006]
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