SUBCHAPTER I—SOLID WASTES (Continued)
PART 260—HAZARDOUS WASTE Subpart A—General MANAGEMENT SYSTEM: GENERAL § 260.1 Purpose, scope, and applica- bility. Subpart A—General (a) This part provides definitions of Sec. terms, general standards, and overview 260.1 Purpose, scope, and applicability. information applicable to parts 260 260.2 Availability of information; confiden- through 265 and 268 of this chapter. tiality of information. (b) In this part: (1) Section 260.2 sets 260.3 Use of number and gender. forth the rules that EPA will use in Subpart B—Definitions making information it receives avail- able to the public and sets forth the re- 260.10 Definitions. quirements that generators, trans- 260.11 References. porters, or owners or operators of treatment, storage, or disposal facili- Subpart C—Rulemaking Petitions ties must follow to assert claims of 260.20 General. business confidentiality with respect to 260.21 Petitions for equivalent testing or information that is submitted to EPA analytical methods. under parts 260 through 265 and 268 of 260.22 Petitions to amend part 261 to ex- this chapter. clude a waste produced at a particular fa- (2) Section 260.3 establishes rules of cility. grammatical construction for parts 260 260.23 Petitions to amend 40 CFR part 273 to through 265 and 268 of this chapter. include additional hazardous wastes. (3) Section 260.10 defines terms which 260.30 Variances from classification as a are used in parts 260 through 265 and solid waste. 268 of this chapter. 260.31 Standards and criteria for variances (4) Section 260.20 establishes proce- from classification as a solid waste. dures for petitioning EPA to amend, 260.32 Variances to be classified as a boiler. modify, or revoke any provision of 260.33 Procedures for variances from classi- parts 260 through 265 and 268 of this fication as a solid waste or to be classi- fied as a boiler. chapter and establishes procedures gov- 260.40 Additional regulation of certain haz- erning EPA’s action on such petitions. ardous waste recycling activities on a (5) Section 260.21 establishes proce- case-by-case basis. dures for petitioning EPA to approve 260.41 Procedures for case-by-case regula- testing methods as equivalent to those tion of hazardous waste recycling activi- prescribed in parts 261, 264, or 265 of ties. this chapter. APPENDIX I TO PART 260—OVERVIEW OF SUB- (6) Section 260.22 establishes proce- TITLE C REGULATIONS dures for petitioning EPA to amend subpart D of part 261 to exclude a waste AUTHORITY: 42 U.S.C. 6905, 6912(a), 6921–6927, 6930, 6934, 6935, 6937, 6938, 6939, and 6974. from a particular facility.
SOURCE: 45 FR 33073, May 19, 1980, unless [45 FR 33073, May 19, 1980, as amended at 51 otherwise noted. FR 40636, Nov. 7, 1986] EFFECTIVE DATE NOTE: The reporting or § 260.2 Availability of information; recordkeeping provisions included in the confidentiality of information. final rule published at 47 FR 32274, July 26, 1982, will be submitted for approval to the (a) Any information provided to EPA Office of Management and Budget (OMB), under parts 260 through 265 and 268 of and will not become effective until OMB ap- this chapter will be made available to proval has been obtained. EPA will publish a the public to the extent and in the notice of the effective date of the reporting manner authorized by the Freedom of and recordkeeping provisions of this rule Information Act, 5 U.S.C. section 552, after it obtains OMB approval. section 3007(b) of RCRA and EPA regu- lations implementing the Freedom of
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Information Act and section 3007(b), cluding the tank bottom) is able to be part 2 of this chapter, as applicable. visually inspected. (b) Any person who submits informa- Act or RCRA means the Solid Waste tion to EPA in accordance with parts Disposal Act, as amended by the Re- 260 through 266 and 268 of this chapter source Conservation and Recovery Act may assert a claim of business con- of 1976, as amended, 42 U.S.C. section fidentiality covering part or all of that 6901 et seq. information by following the proce- Active life of a facility means the pe- dures set forth in § 2.203(b) of this chap- riod from the initial receipt of haz- ter. Information covered by such a ardous waste at the facility until the claim will be disclosed by EPA only to Regional Administrator receives cer- the extent, and by means of the proce- tification of final closure. dures, set forth in part 2, subpart B, of Active portion means that portion of a this chapter except that information facility where treatment, storage, or required by § 262.53(a) and § 262.83 that disposal operations are being or have is submitted in a notification of intent to export a hazardous waste will be been conducted after the effective date provided to the U.S. Department of of part 261 of this chapter and which is State and the appropriate authorities not a closed portion. (See also ‘‘closed in the transit and receiving or import- portion’’ and ‘‘inactive portion’’.) ing countries regardless of any claims Administrator means the Adminis- of confidentiality. However, if no such trator of the Environmental Protection claim accompanies the information Agency, or his designee. when it is received by EPA, it may be Ancillary equipment means any device made available to the public without including, but not limited to, such further notice to the person submitting devices as piping, fittings, flanges, it. valves, and pumps, that is used to dis- tribute, meter, or control the flow of [45 FR 33073, May 19, 1980, as amended at 51 FR 28682, Aug. 8, 1986; 51 FR 40636, Nov. 7, hazardous waste from its point of gen- 1986; 61 FR 16309, Apr. 12, 1996] eration to a storage or treatment tank(s), between hazardous waste stor- § 260.3 Use of number and gender. age and treatment tanks to a point of As used in parts 260 through 265 and disposal onsite, or to a point of ship- 268 of this chapter: ment for disposal off-site. (a) Words in the masculine gender Aquifer means a geologic formation, also include the feminine and neuter group of formations, or part of a forma- genders; and tion capable of yielding a significant (b) Words in the singular include the amount of ground water to wells or plural; and springs. (c) Words in the plural include the Authorized representative means the singular. person responsible for the overall oper- ation of a facility or an operational [45 FR 33073, May 19, 1980, as amended at 51 unit (i.e., part of a facility), e.g., the FR 40636, Nov. 7, 1986] plant manager, superintendent or per- son of equivalent responsibility. Subpart B—Definitions Battery means a device consisting of one or more electrically connected § 260.10 Definitions. electrochemical cells which is designed When used in parts 260 through 273 of to receive, store, and deliver electric this chapter, the following terms have energy. An electrochemical cell is a the meanings given below: system consisting of an anode, cathode, Above ground tank means a device and an electrolyte, plus such connec- meeting the definition of ‘‘tank’’ in tions (electrical and mechanical) as § 260.10 and that is situated in such a may be needed to allow the cell to de- way that the entire surface area of the liver or receive electrical energy. The tank is completely above the plane of term battery also includes an intact, the adjacent surrounding surface and unbroken battery from which the elec- the entire surface area of the tank (in- trolyte has been removed.
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Boiler means an enclosed device using Closed portion means that portion of a controlled flame combustion and hav- facility which an owner or operator has ing the following characteristics: closed in accordance with the approved (1)(i) The unit must have physical facility closure plan and all applicable provisions for recovering and exporting closure requirements. (See also ‘‘active thermal energy in the form of steam, portion’’ and ‘‘inactive portion’’.) heated fluids, or heated gases; and Component means either the tank or (ii) The unit’s combustion chamber ancillary equipment of a tank system. and primary energy recovery sec- Confined aquifer means an aquifer tions(s) must be of integral design. To bounded above and below by imper- be of integral design, the combustion meable beds or by beds of distinctly chamber and the primary energy recov- lower permeability than that of the aq- ery section(s) (such as waterwalls and uifer itself; an aquifer containing con- superheaters) must be physically fined ground water. formed into one manufactured or as- Container means any portable device sembled unit. A unit in which the com- in which a material is stored, trans- bustion chamber and the primary en- ported, treated, disposed of, or other- ergy recovery section(s) are joined only wise handled. by ducts or connections carrying flue Containment building means a haz- gas is not integrally designed; however, ardous waste management unit that is secondary energy recovery equipment used to store or treat hazardous waste (such as economizers or air preheaters) under the provisions of subpart DD of need not be physically formed into the parts 264 or 265 of this chapter. same unit as the combustion chamber Contingency plan means a document and the primary energy recovery sec- setting out an organized, planned, and tion. The following units are not pre- coordinated course of action to be fol- cluded from being boilers solely be- lowed in case of a fire, explosion, or re- cause they are not of integral design: lease of hazardous waste or hazardous process heaters (units that transfer en- waste constituents which could threat- ergy directly to a process stream), and en human health or the environment. fluidized bed combustion units; and Corrective action management unit (iii) While in operation, the unit (CAMU) means an area within a facil- must maintain a thermal energy recov- ity that is used only for managing re- ery efficiency of at least 60 percent, mediation wastes for implementing calculated in terms of the recovered corrective action or cleanup at the fa- energy compared with the thermal cility. value of the fuel; and Corrosion expert means a person who, (iv) The unit must export and utilize by reason of his knowledge of the phys- at least 75 percent of the recovered en- ical sciences and the principles of engi- ergy, calculated on an annual basis. In neering and mathematics, acquired by this calculation, no credit shall be a professional education and related given for recovered heat used inter- practical experience, is qualified to en- nally in the same unit. (Examples of gage in the practice of corrosion con- internal use are the preheating of fuel trol on buried or submerged metal pip- or combustion air, and the driving of ing systems and metal tanks. Such a induced or forced draft fans or person must be certified as being quali- feedwater pumps); or fied by the National Association of (2) The unit is one which the Re- Corrosion Engineers (NACE) or be a gional Administrator has determined, registered professional engineer who on a case-by-case basis, to be a boiler, has certification or licensing that in- after considering the standards in cludes education and experience in cor- § 260.32. rosion control on buried or submerged Carbon regeneration unit means any metal piping systems and metal tanks. enclosed thermal treatment device Designated facility means a hazardous used to regenerate spent activated car- waste treatment, storage, or disposal bon. facility which (1) has received a permit Certification means a statement of (or interim status) in accordance with professional opinion based upon knowl- the requirements of parts 270 and 124 of edge and belief. this chapter, (2) has received a permit
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(or interim status) from a State au- base, constructed of non-earthen mate- thorized in accordance with part 271 of rials and designed to convey preserva- this chapter, or (3) is regulated under tive kick-back or drippage from treat- § 261.6(c)(2) or subpart F of part 266 of ed wood, precipitation, and surface this chapter, and (4) that has been des- water run-on to an associated collec- ignated on the manifest by the gener- tion system at wood preserving plants. ator pursuant to § 260.20. If a waste is Elementary neutralization unit means destined to a facility in an authorized a device which: State which has not yet obtained au- (1) Is used for neutralizing wastes thorization to regulate that particular that are hazardous only because they waste as hazardous, then the des- exhibit the corrosivity characteristic ignated facility must be a facility al- defined in § 261.22 of this chapter, or lowed by the receiving State to accept they are listed in subpart D of part 261 such waste. of the chapter only for this reason; and Destination facility means a facility (2) Meets the definition of tank, tank that treats, disposes of, or recycles a system, container, transport vehicle, particular category of universal waste, or vessel in § 260.10 of this chapter. except those management activities EPA hazardous waste number means described in paragraphs (a) and (c) of the number assigned by EPA to each §§ 273.13 and 273.33 of this chapter. A fa- hazardous waste listed in part 261, sub- cility at which a particular category of part D, of this chapter and to each universal waste is only accumulated, is characteristic identified in part 261, not a destination facility for purposes subpart C, of this chapter. of managing that category of universal EPA identification number means the waste. number assigned by EPA to each gener- Dike means an embankment or ridge ator, transporter, and treatment, stor- of either natural or man-made mate- age, or disposal facility. rials used to prevent the movement of EPA region means the states and ter- liquids, sludges, solids, or other mate- ritories found in any one of the fol- rials. lowing ten regions: Dioxins and furans (D/F) means tetra, Region I—Maine, Vermont, New Hampshire, penta, hexa, hepta, and octa- Massachusetts, Connecticut, and Rhode Is- chlorinated dibenzo dioxins and furans. land. Region II—New York, New Jersey, Common- Discharge or hazardous waste discharge wealth of Puerto Rico, and the U.S. Virgin means the accidental or intentional Islands. spilling, leaking, pumping, pouring, Region III—Pennsylvania, Delaware, Mary- emitting, emptying, or dumping of haz- land, West Virginia, Virginia, and the Dis- ardous waste into or on any land or trict of Columbia. water. Region IV—Kentucky, Tennessee, North Disposal means the discharge, de- Carolina, Mississippi, Alabama, Georgia, posit, injection, dumping, spilling, South Carolina, and Florida. Region V—Minnesota, Wisconsin, Illinois, leaking, or placing of any solid waste Michigan, Indiana and Ohio. or hazardous waste into or on any land Region VI—New Mexico, Oklahoma, Arkan- or water so that such solid waste or sas, Louisiana, and Texas. hazardous waste or any constituent Region VII—Nebraska, Kansas, Missouri, and thereof may enter the environment or Iowa. be emitted into the air or discharged Region VIII—Montana, Wyoming, North Da- into any waters, including ground wa- kota, South Dakota, Utah, and Colorado. Region IX—California, Nevada, Arizona, Ha- ters. waii, Guam, American Samoa, Common- Disposal facility means a facility or wealth of the Northern Mariana Islands. part of a facility at which hazardous Region X—Washington, Oregon, Idaho, and waste is intentionally placed into or on Alaska. any land or water, and at which waste Equivalent method means any testing will remain after closure. The term dis- or analytical method approved by the posal facility does not include a correc- Administrator under §§ 260.20 and 260.21. tive action management unit into Existing hazardous waste management which remediation wastes are placed. (HWM) facility or existing facility means Drip pad is an engineered structure a facility which was in operation or for consisting of a curbed, free-draining which construction commenced on or
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before November 19, 1980. A facility has munitions emergency response spe- commenced construction if: cialist to control, mitigate, or elimi- (1) The owner or operator has ob- nate the threat. tained the Federal, State and local ap- Explosives or munitions emergency re- provals or permits necessary to begin sponse means all immediate response physical construction; and either activities by an explosives and muni- (2)(i) A continuous on-site, physical tions emergency response specialist to construction program has begun; or control, mitigate, or eliminate the ac- (ii) The owner or operator has en- tual or potential threat encountered tered into contractual obligations— during an explosives or munitions which cannot be cancelled or modified emergency. An explosives or munitions without substantial loss—for physical emergency response may include in- construction of the facility to be com- pleted within a reasonable time. place render-safe procedures, treat- Existing portion means that land sur- ment or destruction of the explosives face area of an existing waste manage- or munitions and/or transporting those ment unit, included in the original items to another location to be ren- Part A permit application, on which dered safe, treated, or destroyed. Any wastes have been placed prior to the reasonable delay in the completion of issuance of a permit. an explosives or munitions emergency Existing tank system or existing compo- response caused by a necessary, unfore- nent means a tank system or compo- seen, or uncontrollable circumstance nent that is used for the storage or will not terminate the explosives or treatment of hazardous waste and that munitions emergency. Explosives and is in operation, or for which installa- munitions emergency responses can tion has commenced on or prior to July occur on either public or private lands 14, 1986. Installation will be considered and are not limited to responses at to have commenced if the owner or op- RCRA facilities. erator has obtained all Federal, State, Explosives or munitions emergency re- and local approvals or permits nec- sponse specialist means an individual essary to begin physical construction trained in chemical or conventional of the site or installation of the tank munitions or explosives handling, system and if either (1) a continuous transportation, render-safe procedures, on-site physical construction or instal- or destruction techniques. Explosives lation program has begun, or (2) the or munitions emergency response spe- owner or operator has entered into con- tractual obligations—which cannot be cialists include Department of Defense canceled or modified without substan- (DOD) emergency explosive ordnance tial loss—for physical construction of disposal (EOD), technical escort unit the site or installation of the tank sys- (TEU), and DOD-certified civilian or tem to be completed within a reason- contractor personnel; and other Fed- able time. eral, State, or local government, or ci- Explosives or munitions emergency vilian personnel similarly trained in means a situation involving the sus- explosives or munitions emergency re- pected or detected presence of sponses. unexploded ordnance (UXO), damaged Facility means: or deteriorated explosives or muni- (1) All contiguous land, and struc- tions, an improvised explosive device tures, other appurtenances, and im- (IED), other potentially explosive ma- provements on the land, used for treat- terial or device, or other potentially ing, storing, or disposing of hazardous harmful military chemical munitions waste. A facility may consist of several or device, that creates an actual or po- treatment, storage, or disposal oper- tential imminent threat to human ational units (e.g., one or more land- health, including safety, or the envi- fills, surface impoundments, or com- ronment, including property, as deter- binations of them). mined by an explosives or munitions emergency response specialist. Such (2) For the purpose of implementing situations may require immediate and corrective action under § 264.101, all expeditious action by an explosives or contiguous property under the control
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of the owner or operator seeking a per- Hazardous waste constituent means a mit under subtitle C of RCRA. This def- constituent that caused the Adminis- inition also applies to facilities imple- trator to list the hazardous waste in menting corrective action under RCRA part 261, subpart D, of this chapter, or Section 3008(h). a constituent listed in table 1 of § 261.24 (3) Notwithstanding paragraph (2) of of this chapter. this definition, a remediation waste Hazardous waste management unit is a management site is not a facility that contiguous area of land on or in which is subject to 40 CFR 264.101, but is sub- hazardous waste is placed, or the larg- ject to corrective action requirements est area in which there is significant if the site is located within such a fa- likelihood of mixing hazardous waste cility. constituents in the same area. Exam- Federal agency means any depart- ples of hazardous waste management units include a surface impoundment, a ment, agency, or other instrumentality waste pile, a land treatment area, a of the Federal Government, any inde- landfill cell, an incinerator, a tank and pendent agency or establishment of the its associated piping and underlying Federal Government including any containment system and a container Government corporation, and the Gov- storage area. A container alone does ernment Printing Office. not constitute a unit; the unit includes Federal, State and local approvals or containers and the land or pad upon permits necessary to begin physical con- which they are placed. struction means permits and approvals In operation refers to a facility which required under Federal, State or local is treating, storing, or disposing of haz- hazardous waste control statutes, regu- ardous waste. lations or ordinances. Inactive portion means that portion of Final closure means the closure of all a facility which is not operated after hazardous waste management units at the effective date of part 261 of this the facility in accordance with all ap- chapter. (See also ‘‘active portion’’ and plicable closure requirements so that ‘‘closed portion’’.) hazardous waste management activi- Incinerator means any enclosed de- ties under parts 264 and 265 of this vice that: chapter are no longer conducted at the (1) Uses controlled flame combustion facility unless subject to the provisions and neither meets the criteria for clas- in § 262.34. sification as a boiler, sludge dryer, or Food-chain crops means tobacco, carbon regeneration unit, nor is listed crops grown for human consumption, as an industrial furnace; or and crops grown for feed for animals (2) Meets the definition of infrared whose products are consumed by hu- incinerator or plasma arc incinerator. mans. Incompatible waste means a hazardous Free liquids means liquids which read- waste which is unsuitable for: ily separate from the solid portion of a (1) Placement in a particular device waste under ambient temperature and or facility because it may cause corro- pressure. sion or decay of containment materials Freeboard means the vertical distance (e.g., container inner liners or tank between the top of a tank or surface walls); or impoundment dike, and the surface of (2) Commingling with another waste the waste contained therein. or material under uncontrolled condi- tions because the commingling might Generator means any person, by site, produce heat or pressure, fire or explo- whose act or process produces haz- sion, violent reaction, toxic dusts, ardous waste identified or listed in part mists, fumes, or gases, or flammable 261 of this chapter or whose act first fumes or gases. causes a hazardous waste to become subject to regulation. (See part 265, appendix V, of this chap- Ground water means water below the ter for examples.) land surface in a zone of saturation. Individual generation site means the Hazardous waste means a hazardous contiguous site at or on which one or waste as defined in § 261.3 of this chap- more hazardous wastes are generated. ter. An individual generation site, such as a
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large manufacturing plant, may have ents in an industrial process to make a one or more sources of hazardous waste material product; but is considered a single or individual (v) The use of the device in common generation site if the site or property industrial practice to produce a mate- is contiguous. rial product; and Industrial furnace means any of the (vi) Other factors, as appropriate. following enclosed devices that are in- Infrared incinerator means any en- tegral components of manufacturing closed device that uses electric pow- processes and that use thermal treat- ered resistance heaters as a source of ment to accomplish recovery of mate- radiant heat followed by an afterburner rials or energy: using controlled flame combustion and (1) Cement kilns which is not listed as an industrial fur- (2) Lime kilns (3) Aggregate kilns nace. (4) Phosphate kilns Inground tank means a device meet- (5) Coke ovens ing the definition of ‘‘tank’’ in § 260.10 (6) Blast furnaces whereby a portion of the tank wall is (7) Smelting, melting and refining situated to any degree within the furnaces (including pyrometallurgical ground, thereby preventing visual in- devices such as cupolas, reverberator spection of that external surface area furnaces, sintering machine, roasters, of the tank that is in the ground. and foundry furnaces) Injection well means a well into which (8) Titanium dioxide chloride process fluids are injected. (See also ‘‘under- oxidation reactors ground injection’’.) (9) Methane reforming furnaces Inner liner means a continuous layer (10) Pulping liquor recovery furnaces of material placed inside a tank or con- (11) Combustion devices used in the tainer which protects the construction recovery of sulfur values from spent materials of the tank or container sulfuric acid from the contained waste or reagents (12) Halogen acid furnaces (HAFs) for used to treat the waste. the production of acid from halo- Installation inspector means a person genated hazardous waste generated by who, by reason of his knowledge of the chemical production facilities where physical sciences and the principles of the furnace is located on the site of a engineering, acquired by a professional chemical production facility, the acid education and related practical experi- product has a halogen acid content of ence, is qualified to supervise the in- at least 3%, the acid product is used in stallation of tank systems. a manufacturing process, and, except International shipment means the for hazardous waste burned as fuel, transportation of hazardous waste into hazardous waste fed to the furnace has or out of the jurisdiction of the United a minimum halogen content of 20% as- States. generated. (13) Such other devices as the Admin- Lamp, also referred to as ‘‘universal istrator may, after notice and com- waste lamp’’, is defined as the bulb or ment, add to this list on the basis of tube portion of an electric lighting de- one or more of the following factors: vice. A lamp is specifically designed to (i) The design and use of the device produce radiant energy, most often in primarily to accomplish recovery of the ultraviolet, visible, and infra-red material products; regions of the electromagnetic spec- (ii) The use of the device to burn or trum. Examples of common universal reduce raw materials to make a mate- waste electric lamps include, but are rial product; not limited to, fluorescent, high inten- (iii) The use of the device to burn or sity discharge, neon, mercury vapor, reduce secondary materials as effective high pressure sodium, and metal halide substitutes for raw materials, in proc- lamps. esses using raw materials as principal Landfill means a disposal facility or feedstocks; part of a facility where hazardous (iv) The use of the device to burn or waste is placed in or on land and which reduce secondary materials as ingredi- is not a pile, a land treatment facility,
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a surface impoundment, an under- Manifest document number means the ground injection well, a salt dome for- U.S. EPA twelve digit identification mation, a salt bed formation, an under- number assigned to the generator plus ground mine, a cave, or a corrective ac- a unique five digit document number tion management unit. assigned to the Manifest by the gener- Landfill cell means a discrete volume ator for recording and reporting pur- of a hazardous waste landfill which poses. uses a liner to provide isolation of Military munitions means all ammuni- wastes from adjacent cells or wastes. tion products and components pro- Examples of landfill cells are trenches duced or used by or for the U.S. De- and pits. partment of Defense or the U.S. Armed Land treatment facility means a facil- Services for national defense and secu- ity or part of a facility at which haz- rity, including military munitions ardous waste is applied onto or incor- under the control of the Department of porated into the soil surface; such fa- Defense, the U.S. Coast Guard, the U.S. cilities are disposal facilities if the Department of Energy (DOE), and Na- waste will remain after closure. tional Guard personnel. The term mili- Leachate means any liquid, including tary munitions includes: confined gas- any suspended components in the liq- eous, liquid, and solid propellants, ex- uid, that has percolated through or plosives, pyrotechnics, chemical and drained from hazardous waste. riot control agents, smokes, and incen- Leak-detection system means a system diaries used by DOD components, in- capable of detecting the failure of ei- cluding bulk explosives and chemical ther the primary or secondary contain- warfare agents, chemical munitions, ment structure or the presence of a re- rockets, guided and ballistic missiles, lease of hazardous waste or accumu- bombs, warheads, mortar rounds, artil- lated liquid in the secondary contain- lery ammunition, small arms ammuni- ment structure. Such a system must tion, grenades, mines, torpedoes, depth employ operational controls (e.g., daily charges, cluster munitions and dis- visual inspections for releases into the pensers, demolition charges, and de- secondary containment system of vices and components thereof. Military aboveground tanks) or consist of an in- munitions do not include wholly inert terstitial monitoring device designed items, improvised explosive devices, to detect continuously and automati- and nuclear weapons, nuclear devices, cally the failure of the primary or sec- and nuclear components thereof. How- ondary containment structure or the ever, the term does include non-nuclear presence of a release of hazardous components of nuclear devices, man- waste into the secondary containment structure. aged under DOE’s nuclear weapons pro- gram after all required sanitization op- Liner means a continuous layer of erations under the Atomic Energy Act natural or man-made materials, be- neath or on the sides of a surface im- of 1954, as amended, have been com- poundment, landfill, or landfill cell, pleted. which restricts the downward or lat- Mining overburden returned to the mine eral escape of hazardous waste, haz- site means any material overlying an ardous waste constituents, or leachate. economic mineral deposit which is re- Management or hazardous waste man- moved to gain access to that deposit agement means the systematic control and is then used for reclamation of a of the collection, source separation, surface mine. storage, transportation, processing, Miscellaneous unit means a hazardous treatment, recovery, and disposal of waste management unit where haz- hazardous waste. ardous waste is treated, stored, or dis- Manifest means the shipping docu- posed of and that is not a container, ment EPA form 8700–22 and, if nec- tank, surface impoundment, pile, land essary, EPA form 8700–22A, originated treatment unit, landfill, incinerator, and signed by the generator in accord- boiler, industrial furnace, underground ance with the instructions included in injection well with appropriate tech- the appendix to part 262. nical standards under part 146 of this
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chapter, containment building, correc- Operator means the person respon- tive action management unit, unit eli- sible for the overall operation of a fa- gible for a research, development, and cility. demonstration permit under 40 CFR Owner means the person who owns a 270.65, or staging pile. facility or part of a facility. Movement means that hazardous Partial closure means the closure of a waste transported to a facility in an in- hazardous waste management unit in dividual vehicle. accordance with the applicable closure New hazardous waste management fa- requirements of parts 264 and 265 of cility or new facility means a facility this chapter at a facility that contains which began operation, or for which other active hazardous waste manage- construction commenced after October ment units. For example, partial clo- 21, 1976. (See also ‘‘Existing hazardous sure may include the closure of a tank waste management facility’’.) (including its associated piping and un- New tank system or new tank compo- derlying containment systems), land- nent means a tank system or compo- fill cell, surface impoundment, waste nent that will be used for the storage pile, or other hazardous waste manage- or treatment of hazardous waste and ment unit, while other units of the for which installation has commenced same facility continue to operate. after July 14, 1986; except, however, for Person means an individual, trust, purposes of § 264.193(g)(2) and firm, joint stock company, Federal § 265.193(g)(2), a new tank system is one Agency, corporation (including a gov- for which construction commences ernment corporation), partnership, as- after July 14, 1986. (See also ‘‘existing sociation, State, municipality, com- tank system.’’) mission, political subdivision of a State, or any interstate body. On ground tank means a device meet- Personnel or facility personnel means ing the definition of ‘‘tank’’ in § 260.10 all persons who work, at, or oversee and that is situated in such a way that the operations of, a hazardous waste fa- the bottom of the tank is on the same cility, and whose actions or failure to level as the adjacent surrounding sur- act may result in noncompliance with face so that the external tank bottom the requirements of part 264 or 265 of cannot be visually inspected. this chapter. On-site means the same or geographi- Pesticide means any substance or cally contiguous property which may mixture of substances intended for pre- be divided by public or private right-of- venting, destroying, repelling, or miti- way, provided the entrance and exit be- gating any pest, or intended for use as tween the properties is at a cross-roads a plant regulator, defoliant, or des- intersection, and access is by crossing iccant, other than any article that: as opposed to going along, the right-of- (1) Is a new animal drug under way. Non-contiguous properties owned FFDCA section 201(w), or by the same person but connected by a (2) Is an animal drug that has been right-of-way which he controls and to determined by regulation of the Sec- which the public does not have access, retary of Health and Human Services is also considered on-site property. not to be a new animal drug, or Open burning means the combustion (3) Is an animal feed under FFDCA of any material without the following section 201(x) that bears or contains characteristics: any substances described by paragraph (1) Control of combustion air to (1) or (2) of this definition. maintain adequate temperature for ef- Pile means any non-containerized ac- ficient combustion, cumulation of solid, nonflowing haz- (2) Containment of the combustion- ardous waste that is used for treatment reaction in an enclosed device to pro- or storage and that is not a contain- vide sufficient residence time and mix- ment building. ing for complete combustion, and Plasma arc incinerator means any en- (3) Control of emission of the gaseous closed device using a high intensity combustion products. electrical discharge or arc as a source (See also ‘‘incineration’’ and ‘‘thermal of heat followed by an afterburner treatment’’.) using controlled flame combustion and 13
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which is not listed as an industrial fur- tion requirements if the site is located nace. in such a facility. Point source means any discernible, Replacement unit means a landfill, confined, and discrete conveyance, in- surface impoundment, or waste pile cluding, but not limited to any pipe, unit (1) from which all or substantially ditch, channel, tunnel, conduit, well, all of the waste is removed, and (2) that discrete fissure, container, rolling is subsequently reused to treat, store, stock, concentrated animal feeding op- or dispose of hazardous waste. ‘‘Re- eration, or vessel or other floating placement unit’’ does not apply to a craft, from which pollutants are or unit from which waste is removed dur- may be discharged. This term does not ing closure, if the subsequent reuse include return flows from irrigated ag- solely involves the disposal of waste riculture. from that unit and other closing units Publicly owned treatment works or or corrective action areas at the facil- POTW means any device or system ity, in accordance with an approved used in the treatment (including recy- closure plan or EPA or State approved cling and reclamation) of municipal corrective action. sewage or industrial wastes of a liquid Representative sample means a sample nature which is owned by a ‘‘State’’ or of a universe or whole (e.g., waste pile, ‘‘municipality’’ (as defined by section lagoon, ground water) which can be ex- 502(4) of the CWA). This definition in- pected to exhibit the average prop- cludes sewers, pipes, or other convey- erties of the universe or whole. ances only if they convey wastewater Run-off means any rainwater, leach- to a POTW providing treatment. ate, or other liquid that drains over land from any part of a facility. Qualified Ground-Water Scientist Run-on means any rainwater, leach- means a scientist or engineer who has ate, or other liquid that drains over received a baccalaureate or post-grad- land onto any part of a facility. uate degree in the natural sciences or Saturated zone or zone of saturation engineering, and has sufficient training means that part of the earth’s crust in and experience in ground-water hydrol- which all voids are filled with water. ogy and related fields as may be dem- Sludge means any solid, semi-solid, or onstrated by state registration, profes- liquid waste generated from a munic- sional certifications, or completion of ipal, commercial, or industrial waste- accredited university courses that en- water treatment plant, water supply able that individual to make sound treatment plant, or air pollution con- professional judgements regarding trol facility exclusive of the treated ef- ground-water monitoring and contami- fluent from a wastewater treatment nant fate and transport. plant. Regional Administrator means the Re- Sludge dryer means any enclosed ther- gional Administrator for the EPA Re- mal treatment device that is used to gion in which the facility is located, or dehydrate sludge and that has a max- his designee. imum total thermal input, excluding Remediation waste means all solid and the heating value of the sludge itself, hazardous wastes, and all media (in- of 2,500 Btu/lb of sludge treated on a cluding groundwater, surface water, wet-weight basis. soils, and sediments) and debris that Small Quantity Generator means a contain listed hazardous wastes or that generator who generates less than 1000 themselves exhibit a hazardous char- kg of hazardous waste in a calendar acteristic and are managed for imple- month. menting cleanup. Solid waste means a solid waste as de- Remediation waste management site fined in § 261.2 of this chapter. means a facility where an owner or op- Sorbent means a material that is used erator is or will be treating, storing or to soak up free liquids by either ad- disposing of hazardous remediation sorption or absorption, or both. Sorb wastes. A remediation waste manage- means to either adsorb or absorb, or ment site is not a facility that is sub- both. ject to corrective action under 40 CFR Staging pile means an accumulation 264.101, but is subject to corrective ac- of solid, non-flowing remediation waste
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(as defined in this section) that is not Thermal treatment means the treat- a containment building and that is ment of hazardous waste in a device used only during remedial operations which uses elevated temperatures as for temporary storage at a facility. the primary means to change the Staging piles must be designated by chemical, physical, or biological char- the Director according to the require- acter or composition of the hazardous ments of 40 CFR 264.554. waste. Examples of thermal treatment State means any of the several processes are incineration, molten salt, States, the District of Columbia, the pyrolysis, calcination, wet air oxida- Commonwealth of Puerto Rico, the tion, and microwave discharge. (See Virgin Islands, Guam, American also ‘‘incinerator’’ and ‘‘open burning’’.) Samoa, and the Commonwealth of the Thermostat means a temperature con- Northern Mariana Islands. trol device that contains metallic mer- Storage means the holding of haz- cury in an ampule attached to a bi- ardous waste for a temporary period, at metal sensing element, and mercury- the end of which the hazardous waste is containing ampules that have been re- treated, disposed of, or stored else- moved from these temperature control where. devices in compliance with the require- Sump means any pit or reservoir that ments of 40 CFR 273.13(c)(2) or meets the definition of tank and those 273.33(c)(2). troughs/trenches connected to it that Totally enclosed treatment facility serve to collect hazardous waste for means a facility for the treatment of transport to hazardous waste storage, hazardous waste which is directly con- treatment, or disposal facilities; except nected to an industrial production that as used in the landfill, surface im- process and which is constructed and poundment, and waste pile rules, operated in a manner which prevents ‘‘sump’’ means any lined pit or reservoir the release of any hazardous waste or that serves to collect liquids drained any constituent thereof into the envi- from a leachate collection and removal ronment during treatment. An example system or leak detection system for is a pipe in which waste acid is neutral- subsequent removal from the system. ized. Surface impoundment or impoundment Transfer facility means any transpor- means a facility or part of a facility tation related facility including load- which is a natural topographic depres- ing docks, parking areas, storage areas sion, man-made excavation, or diked and other similar areas where ship- area formed primarily of earthen mate- ments of hazardous waste are held dur- rials (although it may be lined with ing the normal course of transpor- man-made materials), which is de- tation. signed to hold an accumulation of liq- Transport vehicle means a motor vehi- uid wastes or wastes containing free cle or rail car used for the transpor- liquids, and which is not an injection tation of cargo by any mode. Each well. Examples of surface impound- cargo-carrying body (trailer, railroad ments are holding, storage, settling, freight car, etc.) is a separate transport and aeration pits, ponds, and lagoons. vehicle. Tank means a stationary device, de- Transportation means the movement signed to contain an accumulation of of hazardous waste by air, rail, high- hazardous waste which is constructed way, or water. primarily of non-earthen materials Transporter means a person engaged (e.g., wood, concrete, steel, plastic) in the offsite transportation of haz- which provide structural support. ardous waste by air, rail, highway, or Tank system means a hazardous waste water. storage or treatment tank and its asso- Treatability Study means a study in ciated ancillary equipment and con- which a hazardous waste is subjected tainment system. to a treatment process to determine: TEQ means toxicity equivalence, the (1) Whether the waste is amenable to international method of relating the the treatment process, (2) what toxicity of various dioxin/furan pretreatment (if any) is required, (3) congeners to the toxicity of 2,3,7,8- the optimal process conditions needed tetrachlorodibenzo-p-dioxin. to achieve the desired treatment, (4)
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the efficiency of a treatment process Universal Waste means any of the fol- for a specific waste or wastes, or (5) the lowing hazardous wastes that are man- characteristics and volumes of residu- aged under the universal waste require- als from a particular treatment proc- ments of part § 273 of this chapter: ess. Also included in this definition for (1) Batteries as described in § 273.2 of the purpose of the § 261.4 (e) and (f) ex- this chapter; emptions are liner compatibility, cor- (2) Pesticides as described in § 273.3 of rosion, and other material compat- this chapter; ibility studies and toxicological and (3) Thermostats as described in § 273.4 health effects studies. A ‘‘treatability of this chapter; and study’’ is not a means to commercially (4) Lamps as described in § 273.5 of treat or dispose of hazardous waste. this chapter. Treatment means any method, tech- Universal Waste Handler: nique, or process, including neutraliza- (1) Means: tion, designed to change the physical, (i) A generator (as defined in this sec- chemical, or biological character or tion) of universal waste; or composition of any hazardous waste so (ii) The owner or operator of a facil- as to neutralize such waste, or so as to ity, including all contiguous property, recover energy or material resources that receives universal waste from from the waste, or so as to render such other universal waste handlers, accu- waste non-hazardous, or less hazardous; mulates universal waste, and sends safer to transport, store, or dispose of; universal waste to another universal or amenable for recovery, amenable for waste handler, to a destination facil- storage, or reduced in volume. ity, or to a foreign destination. Treatment zone means a soil area of (2) Does not mean: the unsaturated zone of a land treat- (i) A person who treats (except under ment unit within which hazardous con- the provisions of 40 CFR 273.13 (a) or stituents are degraded, transformed, or (c), or 273.33 (a) or (c)), disposes of, or immobilized. recycles universal waste; or Underground injection means the sub- (ii) A person engaged in the off-site surface emplacement of fluids through transportation of universal waste by a bored, drilled or driven well; or air, rail, highway, or water, including a through a dug well, where the depth of universal waste transfer facility. the dug well is greater than the largest Universal Waste Transporter means a surface dimension. (See also ‘‘injection person engaged in the off-site transpor- well’’.) tation of universal waste by air, rail, Underground tank means a device highway, or water. meeting the definition of ‘‘tank’’ in Uppermost aquifer means the geologic § 260.10 whose entire surface area is to- formation nearest the natural ground tally below the surface of and covered surface that is an aquifer, as well as by the ground. lower aquifers that are hydraulically Unfit-for use tank system means a interconnected with this aquifer within tank system that has been determined the facility’s property boundary. through an integrity assessment or Used oil means any oil that has been other inspection to be no longer capa- refined from crude oil, or any synthetic ble of storing or treating hazardous oil, that has been used and as a result waste without posing a threat of re- of such use in contaminated by phys- lease of hazardous waste to the envi- ical or chemical impurities. ronment. Vessel includes every description of Unsaturated zone or zone of aeration watercraft, used or capable of being means the zone between the land sur- used as a means of transportation on face and the water table. the water. United States means the 50 States, the Wastewater treatment unit means a de- District of Columbia, the Common- vice which: wealth of Puerto Rico, the U.S. Virgin (1) Is part of a wastewater treatment Islands, Guam, American Samoa, and facility that is subject to regulation the Commonwealth of the Northern under either section 402 or 307(b) of the Mariana Islands. Clean Water Act; and
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(2) Receives and treats or stores an ASTM Standard D 2382–83, available from influent wastewater that is a haz- American Society for Testing and Materials, ardous waste as defined in § 261.3 of this 1916 Race Street, Philadelphia, PA 19103. chapter, or that generates and accumu- (5) ‘‘ASTM Standard Practices for General Techniques of Ultraviolet-Visible Quan- lates a wastewater treatment sludge titative Analysis,’’ ASTM Standard E 169–87 that is a hazardous waste as defined in available from American Society for Testing § 261.3 of this chapter, or treats or and Materials, 1916 Race Street, Philadel- stores a wastewater treatment sludge phia, PA 19103. which is a hazardous waste as defined (6) ‘‘ASTM Standard Practices for General in § 261.3 of this Chapter; and Techniques of Infrared Quantitative Anal- (3) Meets the definition of tank or ysis,’’ ASTM Standard E 168–88, available from American Society for Testing and Ma- tank system in § 260.10 of this chapter. terials, 1916 Race Street, Philadelphia, PA Water (bulk shipment) means the bulk 19103. transportation of hazardous waste (7) ‘‘ASTM Standard Practice for Packed which is loaded or carried on board a Column Gas Chromatography,’’ ASTM Stand- vessel without containers or labels. ard E 260–85, available from American Soci- Well means any shaft or pit dug or ety for Testing and Materials, 1916 Race bored into the earth, generally of a cy- Street, Philadelphia, PA 19103. (8) ‘‘ASTM Standard Test Method for Aro- lindrical form, and often walled with matics in Light Naphthas and Aviation Gas- bricks or tubing to prevent the earth olines by Gas Chromatography,’’ ASTM from caving in. Standard D 2267–88, available from American Well injection: (See ‘‘underground in- Society for Testing and Materials, 1916 Race jection’’.) Street, Philadelphia, PA 19103. Zone of engineering control means an (9) ‘‘APTI Course 415: Control of Gaseous area under the control of the owner/op- Emissions,’’ EPA Publication EPA–450/2–81– erator that, upon detection of a haz- 005, December 1981, available from National Technical Information Service, 5285 Port ardous waste release, can be readily Royal Road, Springfield, VA 22161. cleaned up prior to the release of haz- (10) ‘‘Flammable and Combustible Liquids ardous waste or hazardous constituents Code’’ (1977 or 1981), available from the Na- to ground water or surface water. tional Fire Protection Association, 470 At- lantic Avenue, Boston, MA 02210. [45 FR 33073, May 19, 1980] (11) ‘‘Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,’’ EPA EDITORIAL NOTE: For FEDERAL REGISTER ci- Publication SW–846 [Third Edition (Novem- tations affecting § 260.10, see the List of CFR ber 1986), as amended by Updates I (dated Sections Affected in the Finding Aids sec- July 1992), II (dated September 1994), IIA tion of this volume. (dated August 1993), IIB (dated January 1995), III (dated December 1996) and IIIA (dated § 260.11 References. April 1998)]. The Third Edition of SW–846 and Updates I, II, IIA, IIB, and III (document (a) When used in parts 260 through 270 number 955–001–00000–1) are available from of this chapter, the following publica- the Superintendent of Documents, U.S. Gov- tions are incorporated by reference: ernment Printing Office, Washington, DC (1) ‘‘ASTM Standard Test Methods for 20402, (202) 512–1800. Update IIIA is available Flash Point of Liquids by Setaflash Closed through EPA’s Methods Information Com- Tester,’’ ASTM Standard D–3278–78, available munication Exchange (MICE) Service. MICE from American Society for Testing and Ma- can be contacted by phone at (703) 821–4690. terials, 1916 Race Street, Philadelphia, PA Update IIIA can also be obtained by con- 19103. tacting the U.S. Environmental Protection (2) ‘‘ASTM Standard Test Methods for Agency, Office of Solid Waste (5307W), OSW Flash Point by Pensky-Martens Closed Test- Methods Team, 401 M Street, SW, Wash- er,’’ ASTM Standard D–93–79 or D–93–80. D–93– ington, DC, 20460. Copies of the Third Edition 80 is available from American Society for and all of its updates are also available from Testing and Materials, 1916 Race Street, the National Technical Information Service Philadelphia, PA 19103. (NTIS), 5285 Port Royal Road, Springfield, (3) ‘‘ASTM Standard Method for Analysis of VA 22161, (703) 605–6000 or (800) 553–6847. Cop- Reformed Gas by Gas Chromatography,’’ ies may be inspected at the Library, U.S. En- ASTM Standard D–1946–82, available from vironmental Protection Agency, 401 M American Society for Testing and Materials, Street, SW, Washington, DC 20460; or at the 1916 Race Street, Philadelphia, PA 19103. Office of the Federal Register, 800 North Cap- (4) ‘‘ASTM Standard Test Method for Heat itol Street, NW, suite 700, Washington, DC. of Combustion of Hydrocarbon Fuels by (12) ‘‘Screening Procedures for Estimating Bomb Calorimeter (High-Precision Method),’’ the Air Quality Impact of Stationary
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Sources, Revised’’, October 1992, EPA Publi- 260.21 sets forth additional require- cation No. EPA–450/R–92–019, Environmental ments for petitions to add a testing or Protection Agency, Research Triangle Park, analytical method to part 261, 264 or 265 NC. of this chapter. Section 260.22 sets (13) ‘‘ASTM Standard Test Methods for Pre- paring Refuse-Derived Fuel (RDF) Samples forth additional requirements for peti- for Analyses of Metals,’’ ASTM Standard tions to exclude a waste or waste-de- E926–88, Test Method C—Bomb, Acid Diges- rived material at a particular facility tion Method, available from American Soci- from § 261.3 of this chapter or the lists ety for Testing Materials, 1916 Race Street, of hazardous wastes in subpart D of Philadelphia, PA 19103. part 261 of this chapter. Section 260.23 (14) ‘‘API Publication 2517, Third Edition’’, sets forth additional requirements for February 1989, ‘‘Evaporative Loss from Exter- nal Floating-Roof Tanks,’’ available from the petitions to amend part 273 of this American Petroleum Institute, 1220 L Street, chapter to include additional haz- Northwest, Washington, DC 20005. ardous wastes or categories of haz- (15) ‘‘ASTM Standard Test Method for ardous waste as universal waste. Vapor Pressure—Temperature Relationship (b) Each petition must be submitted and Initial Decomposition Temperature of to the Administrator by certified mail Liquids by Isoteniscope,’’ ASTM Standard D 2879–92, available from American Society for and must include: Testing and Materials (ASTM), 1916 Race (1) The petitioner’s name and ad- Street, Philadelphia, PA 19103. dress; (16) Method 1664, Revision A, n-Hexane Ex- (2) A statement of the petitioner’s in- tractable Material (HEM; Oil and Grease) terest in the proposed action; and Silica Gel Treated n-Hexane Extractable Material (SGT–HEM; Non-polar Material) by (3) A description of the proposed ac- Extraction and Gravimetry. Available at tion, including (where appropriate) NTIS, PB99–121949, U.S. Department of Com- suggested regulatory language; and merce, 5285 Port Royal, Springfield, Virginia (4) A statement of the need and jus- 22161. tification for the proposed action, in- (b) The references listed in paragraph cluding any supporting tests, studies, (a) of this section are also available for or other information. inspection at the Office of the Federal (c) The Administrator will make a Register, 800 North Capitol Street, tentative decision to grant or deny a NW., Suite 700, Washington, DC. These petition and will publish notice of such incorporations by reference were ap- tentative decision, either in the form proved by the Director of the Federal of an advanced notice of proposed rule- Register. These materials are incor- making, a proposed rule, or a tentative porated as they exist on the date of ap- determination to deny the petition, in proval and a notice of any change in the FEDERAL REGISTER for written pub- these materials will be published in the lic comment. FEDERAL REGISTER. (d) Upon the written request of any [46 FR 35247, July 7, 1981, as amended at 50 interested person, the Administrator FR 18374, Apr. 30, 1985; 52 FR 8073, Mar. 16, may, at his discretion, hold an infor- 1987; 52 FR 41295, Oct. 27, 1987; 54 FR 40266, mal public hearing to consider oral Sept. 29, 1989; 55 FR 8949, Mar. 9, 1990; 55 FR comments on the tentative decision. A 25493, June 21, 1990; 56 FR 7206, Feb. 21, 1991; person requesting a hearing must state 58 FR 38883, July 20, 1993; 58 FR 46049, Aug. 31, 1993; 59 FR 468, Jan. 4, 1994; 59 FR 28484, the issues to be raised and explain why June 2, 1994; 59 FR 62926, Dec. 6, 1994; 60 FR written comments would not suffice to 17004, Apr. 4, 1995; 62 FR 32462, June 13, 1997; communicate the person’s views. The 64 FR 26327, May 11, 1999] Administrator may in any case decide on his own motion to hold an informal Subpart C—Rulemaking Petitions public hearing. (e) After evaluating all public com- § 260.20 General. ments the Administrator will make a (a) Any person may petition the Ad- final decision by publishing in the FED- ministrator to modify or revoke any ERAL REGISTER a regulatory amend- provision in parts 260 through 266, 268 ment or a denial of the petition. and 273 of this chapter. This section [45 FR 33073, May 19, 1980, as amended at 51 sets forth general requirements which FR 40636, Nov. 7, 1986; 57 FR 38564, Aug. 25, apply to all such petitions. Section 1992; 60 FR 25540, May 11, 1995]
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§ 260.21 Petitions for equivalent test- ity from the lists in subpart D of part ing or analytical methods. 261 may petition for a regulatory (a) Any person seeking to add a test- amendment under this section and ing or analytical method to part 261, § 260.20. To be successful: 264, or 265 of this chapter may petition (1) The petitioner must demonstrate for a regulatory amendment under this to the satisfaction of the Adminis- section and § 260.20. To be successful, trator that the waste produced by a the person must demonstrate to the particular generating facility does not satisfaction of the Administrator that meet any of the criteria under which the proposed method is equal to or su- the waste was listed as a hazardous or perior to the corresponding method an actutely hazardous waste; and prescribed in part 261, 264, or 265 of this (2) Based on a complete application, chapter, in terms of its sensitivity, ac- the Administrator must determine, curacy, and precision (i.e., reproduc- where he has a reasonable basis to be- ibility). lieve that factors (including additional (b) Each petition must include, in ad- constituents) other than those for dition to the information required by which the waste was listed could cause § 260.20(b): the waste to be a hazardous waste, that such factors do not warrant retaining (1) A full description of the proposed the waste as a hazardous waste. A method, including all procedural steps waste which is so excluded, however, and equipment used in the method; still may be a hazardous waste by oper- (2) A description of the types of ation of subpart C of part 261. wastes or waste matrices for which the (b) The procedures in this Section proposed method may be used; and § 260.20 may also be used to petition (3) Comparative results obtained the Administrator for a regulatory from using the proposed method with amendment to exclude from those obtained from using the relevant § 261.3(a)(2)(ii) or (c), a waste which is or corresponding methods prescribed in described in these Sections and is ei- part 261, 264, or 265 of this chapter; ther a waste listed in subpart D, or is (4) An assessment of any factors derived from a waste listed in subpart which may interfere with, or limit the D. This exclusion may only be issued use of, the proposed method; and for a particular generating, storage, (5) A description of the quality con- treatment, or disposal facility. The pe- trol procedures necessary to ensure the titioner must make the same dem- sensitivity, accuracy and precision of onstration as required by paragraph (a) the proposed method. of this section. Where the waste is a (c) After receiving a petition for an mixture of solid waste and one or more equivalent method, the Administrator listed hazardous wastes or is derived may request any additional informa- from one or more hazardous wastes, his tion on the proposed method which he demonstration must be made with re- may reasonably require to evaluate the spect to the waste mixture as a whole; method. analyses must be conducted for not (d) If the Administrator amends the only those constituents for which the regulations to permit use of a new test- listed waste contained in the mixture ing method, the method will be incor- was listed as hazardous, but also for porated in ‘‘Test Methods for the Eval- factors (including additional constitu- uation of Solid Waste: Physical/Chem- ents) that could cause the waste mix- ical Methods,’’ SW–846, U.S. Environ- ture to be a hazardous waste. A waste mental Protection Agency, Office of which is so excluded may still be a haz- Solid Waste, Washington, DC 20460. ardous waste by operation of subpart C [45 FR 33073, May 19, 1980, as amended at 49 of part 261. FR 47391, Dec. 4, 1984] (c) If the waste is listed with codes ‘‘I’’, ‘‘C’’, ‘‘R’’, or ‘‘E’’, in subpart D, § 260.22 Petitions to amend part 261 to (1) The petitioner must show that the exclude a waste produced at a par- waste does not exhibit the relevant ticular facility. characteristic for which the waste was (a) Any person seeking to exclude a listed as defined in § 261.21, § 261.22, waste at a particular generating facil- § 261.23, or § 261.24 using any applicable
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methods prescribed therein. The peti- waste by operation of subpart C of part tioner also must show that the waste 261. does not exhibit any of the other char- (e) If the waste is listed with the code acteristics defined in § 261.21, § 261.22, ‘‘H’’ in subpart D, § 261.23, or § 261.24 using any applicable (1) The petitioner must demonstrate methods prescribed therein; that the waste does not meet the cri- (2) Based on a complete application, terion of § 261.11(a)(2); and the Administrator must determine, (2) Based on a complete application, where he has a reasonable basis to be- the Administrator must determine, lieve that factors (including additional where he has a reasonable basis to be- constituents) other than those for lieve that additional factors (including which the waste was listed could cause additional constituents) other than the waste to be hazardous waste, that those for which the waste was listed such factors do not warrant retaining could cause the waste to be a haz- the waste as a hazardous waste. A ardous waste, that such factors do not waste which is so excluded, however, warrant retaining the waste as a haz- still may be a hazardous waste by oper- ardous waste; and ation of subpart C of part 261. (3) The petitioner must demonstrate (d) If the waste is listed with code ‘‘T’’ that the waste does not exhibit any of in subpart D, the characteristics defined in § 261.21, § 261.22, § 261.23, and § 261.24 using any (1) The petitioner must demonstrate applicable methods prescribed therein; that the waste: (4) A waste which is so excluded, (i) Does not contain the constituent however, still may be a hazardous or constituents (as defined in Appendix waste by operation of subpart C of part VII of part 261 of this chapter) that 261. caused the Administrator to list the (f) [Reserved for listing radioactive waste, using the appropriate test meth- wastes.] ods prescribed in ‘‘Test Methods for (g) [Reserved for listing infectious Evaluating Solid Waste, Physical/ wastes.] Chemical Methods,’’ EPA Publication (h) Demonstration samples must con- SW–846, as incorporated by reference in sist of enough representative samples, § 260.11; or but in no case less than four samples, (ii) Although containing one or more taken over a period of time sufficient of the hazrdous constituents (as de- to represent the variability or the uni- fined in appendix VII of part 261) that formity of the waste. caused the Administrator to list the (i) Each petition must include, in ad- waste, does not meet the criterion of dition to the information required by § 261.11(a)(3) when considering the fac- § 260.20(b): tors used by the Administrator in (1) The name and address of the lab- § 261.11(a)(3) (i) through (xi) under oratory facility performing the sam- which the waste was listed as haz- pling or tests of the waste; ardous; and (2) The names and qualifications of (2) Based on a complete application, the persons sampling and testing the the Administrator must determine, waste; where he has a reasonable basis to be- (3) The dates of sampling and testing; lieve that factors (including additional (4) The location of the generating fa- constituents) other than those for cility; which the waste was listed could cause (5) A description of the manufac- the waste to be a hazardous waste, that turing processes or other operations such factors do not warrant retaining and feed materials producing the waste the waste as a hazardous waste; and and an assessment of whether such (3) The petitioner must demonstrate processes, operations, or feed materials that the waste does not exhibit any of can or might produce a waste that is the characteristics defined in § 261.21, not covered by the demonstration; § 261.22, § 261.23, and § 261.24 using any (6) A description of the waste and an applicable methods prescribed therein; estimate of the average and maximum (4) A waste which is so excluded, monthly and annual quantities of however, still may be a hazardous waste covered by the demonstration;
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(7) Pertinent data on and discussion § 260.23 Petitions to amend 40 CFR of the factors delineated in the respec- part 273 to include additional haz- tive criterion for listing a hazardous ardous wastes. waste, where the demonstration is (a) Any person seeking to add a haz- based on the factors in § 261.11(a)(3); ardous waste or a category of haz- (8) A description of the methodolo- ardous waste to the universal waste gies and equipment used to obtain the regulations of part 273 of this chapter representative samples; may petition for a regulatory amend- (9) A description of the sample han- ment under this section, 40 CFR 260.20, dling and preparation techniques, in- and subpart G of 40 CFR part 273. cluding techniques used for extraction, (b) To be successful, the petitioner containerization and preservation of must demonstrate to the satisfaction the samples; of the Administrator that regulation (10) A description of the tests per- under the universal waste regulations formed (including results); of 40 CFR part 273: Is appropriate for the waste or category of waste; will im- (11) The names and model numbers of prove management practices for the the instruments used in performing the waste or category of waste; and will tests; and improve implementation of the haz- (12) The following statement signed ardous waste program. The petition by the generator of the waste or his au- must include the information required thorized representative: by 40 CFR 260.20(b). The petition should I certify under penalty of law that I have also address as many of the factors personally examined and am familiar with listed in 40 CFR 273.81 as are appro- the information submitted in this dem- priate for the waste or category of onstration and all attached documents, and waste addressed in the petition. that, based on my inquiry of those individ- (c) The Administrator will grant or uals immediately responsible for obtaining deny a petition using the factors listed the information, I believe that the submitted information is true, accurate, and complete. in 40 CFR 273.81. The decision will be I am aware that there are significant pen- based on the weight of evidence show- alties for submitting false information, in- ing that regulation under 40 CFR part cluding the possibility of fine and imprison- 273 is appropriate for the waste or cat- ment. egory of waste, will improve manage- (ii) [Reserved] ment practices for the waste or cat- (j) After receiving a petition for an egory of waste, and will improve imple- exclusion, the Administrator may re- mentation of the hazardous waste pro- quest any additional information gram. which he may reasonably require to (d) The Administrator may request evaluate the petition. additional information needed to evaluate the merits of the petition. (k) An exclusion will only apply to the waste generated at the individual [60 FR 25540, May 11, 1995] facility covered by the demonstration and will not apply to waste from any § 260.30 Variances from classification as a solid waste. other facility. (l) The Administrator may exclude In accordance with the standards and only part of the waste for which the criteria in § 260.31 and the procedures in demonstration is submitted where he § 260.33, the Administrator may deter- has reason to believe that variability mine on a case-by-case basis that the of the waste justifies a partial exclu- following recycled materials are not solid wastes: sion. (a) Materials that are accumulated [45 FR 33073, May 19, 1980, as amended at 50 speculatively without sufficient FR 28742, July 15, 1985; 54 FR 27116, June 27, amounts being recycled (as defined in 1989; 58 FR 46049, Aug. 31, 1994] § 261.1(c)(8) of this chapter); EDITORIAL NOTE: For information on the (b) Materials that are reclaimed and availability of a guidance manual for peti- then reused within the original produc- tions to delist hazardous wastes, see 50 FR tion process in which they were gen- 21607, May 28, 1985. erated; and
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(c) Materials that have been re- (2) The prevalence of the practice on claimed but must be reclaimed further an industry-wide basis; before the materials are completely re- (3) The extent to which the material covered. is handled before reclamation to mini- mize loss; [50 FR 661, Jan. 4, 1985; 50 FR 14219, Apr. 11, 1985, as amended at 59 FR 48041, Sept. 19, (4) The time periods between gener- 1994] ating the material and its reclamation, and between reclamation and return to § 260.31 Standards and criteria for the original primary production proc- variances from classification as a ess; solid waste. (5) The location of the reclamation (a) The Administrator may grant re- operation in relation to the production quests for a variance from classifying process; as a solid waste those materials that (6) Whether the reclaimed material is are accumulated speculatively without used for the purpose for which it was sufficient amounts being recycled if originally produced when it is returned the applicant demonstrates that suffi- to the original process, and whether it cient amounts of the material will be is returned to the process in substan- recycled or transferred for recycling in tially its original form; the following year. If a variance is (7) Whether the person who generates granted, it is valid only for the fol- the material also reclaims it; lowing year, but can be renewed, on an (8) Other relevant factors. annual basis, by filing a new applica- (c) The Regional Administrator may tion. The Administrator’s decision will grant requests for a variance from be based on the following criteria: classifying as a solid waste those mate- (1) The manner in which the material rials that have been reclaimed but is expected to be recycled, when the must be reclaimed further before re- material is expected to be recycled, covery is completed if, after initial rec- and whether this expected disposition lamation, the resulting material is is likely to occur (for example, because commodity-like (even though it is not of past practice, market factors, the yet a commercial product, and has to nature of the material, or contractual be reclaimed further). This determina- arrangements for recycling); tion will be based on the following fac- (2) The reason that the applicant has tors: accumulated the material for one or (1) The degree of processing the ma- more years without recycling 75 per- terial has undergone and the degree of cent of the volume accumulated at the further processing that is required; beginning of the year; (2) The value of the material after it (3) The quantity of material already has been reclaimed; accumulated and the quantity expected (3) The degree to which the reclaimed to be generated and accumulated be- material is like an analogous raw ma- fore the material is recycled; terial; (4) The extent to which the material (4) The extent to which an end mar- is handled to minimize loss; ket for the reclaimed material is guar- (5) Other relevant factors. anteed; (b) The Administrator may grant re- (5) The extent to which the reclaimed quests for a variance from classifying material is handled to minimize loss; as a solid waste those materials that (6) Other relevant factors. are reclaimed and then reused as feed- [50 FR 662, Jan. 4, 1985, as amended at 59 FR stock within the original production 48041, Sept. 19, 1994] process in which the materials were generated if the reclamation operation § 260.32 Variances to be classified as a is an essential part of the production boiler. process. This determination will be In accordance with the standards and based on the following criteria: criteria in § 260.10 (definition of ‘‘boil- (1) How economically viable the pro- er’’), and the procedures in § 260.33, the duction process would be if it were to Administrator may determine on a use virgin materials, rather than re- case-by-case basis that certain en- claimed materials; closed devices using controlled flame
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combustion are boilers, even though § 260.40 Additional regulation of cer- they do not otherwise meet the defini- tain hazardous waste recycling ac- tion of boiler contained in § 260.10, after tivities on a case-by-case basis. considering the following criteria: (a) The Regional Administrator may (a) The extent to which the unit has decide on a case-by-case basis that per- provisions for recovering and exporting sons accumulating or storing the thermal energy in the form of steam, recyclable materials described in heated fluids, or heated gases; and § 261.6(a)(2)(iv) of this chapter should be (b) The extent to which the combus- regulated under § 261.6 (b) and (c) of tion chamber and energy recovery this chapter. The basis for this decision equipment are of integral design; and is that the materials are being accumu- lated or stored in a manner that does (c) The efficiency of energy recovery, not protect human health and the envi- calculated in terms of the recovered ronment because the materials or their energy compared with the thermal toxic constituents have not been ade- value of the fuel; and quately contained, or because the ma- (d) The extent to which exported en- terials being accumulated or stored to- ergy is utilized; and gether are incompatible. In making (e) The extent to which the device is this decision, the Regional Adminis- in common and customary use as a trator will consider the following fac- ‘‘boiler’’ functioning primarily to tors: produce steam, heated fluids, or heated (1) The types of materials accumu- gases; and lated or stored and the amounts accu- (f) Other factors, as appropriate. mulated or stored; (2) The method of accumulation or [50 FR 662, Jan. 4, 1985, as amended at 59 FR storage; 48041, Sept. 19, 1994] (3) The length of time the materials have been accumulated or stored before § 260.33 Procedures for variances from being reclaimed; classification as a solid waste or to (4) Whether any contaminants are be classified as a boiler. being released into the environment, or The Administrator will use the fol- are likely to be so released; and lowing procedures in evaluating appli- (5) Other relevant factors. cations for variances from classifica- (b) [Reserved] tion as a solid waste or applications to The procedures for this decision are set classify particular enclosed controlled forth in § 260.41 of this chapter. flame combustion devices as boilers: [50 FR 662, Jan. 4, 1985] (a) The applicant must apply to the Administrator for the variance. The § 260.41 Procedures for case-by-case application must address the relevant regulation of hazardous waste recy- criteria contained in § 260.31 or § 260.32. cling activities. (b) The Administrator will evaluate The Regional Administrator will use the application and issue a draft notice the following procedures when deter- tentatively granting or denying the ap- mining whether to regulate hazardous plication. Notification of this tentative waste recycling activities described in decision will be provided by newspaper § 261.6(a)(2)(iv) under the provisions of advertisement or radio broadcast in § 261.6 (b) and (c), rather than under the the locality where the recycler is lo- provisions of subpart F of part 266 of cated. The Administrator will accept this chapter. comment on the tentative decision for (a) If a generator is accumulating the 30 days, and may also hold a public waste, the Regional Administrator will hearing upon request or at his discre- issue a notice setting forth the factual tion. The Administrator will issue a basis for the decision and stating that final decision after receipt of com- the person must comply with the appli- cable requirements of subparts A, C, D, ments and after the hearing (if any). and E of part 262 of this chapter. The [59 FR 48041, Sept. 19, 1994] notice will become final within 30 days,
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unless the person served requests a with which, if any, of the regulations they public hearing to challenge the deci- should comply. sion. Upon receiving such a request, Definition of Solid Waste the Regional Administrator will hold a public hearing. The Regional Adminis- The first question which such a person should ask himself is: Is the material I han- trator will provide notice of the hear- ‘‘ dle a solid waste?’’ If the answer to this ques- ing to the public and allow public par- tion is ‘‘No’’, then the material is not subject ticipation at the hearing. The Regional to control under RCRA and, therefore, the Administrator will issue a final order person need not worry about whether he after the hearing stating whether or should comply with the Subtitle C rules. not compliance with part 262 is re- Section 261.2 of this chapter provides a def- quired. The order becomes effective 30 inition of ‘‘solid waste’’ which expands the statutory definition of that term given in days after service of the decision unless section 1004(27) of RCRA. This definition is the Regional Administrator specifies a diagrammed in Figure 1 below. later date or unless review by the Ad- Figure 1 explains that all materials are ei- ministrator is requested. The order ther: (1) Garbage refuse, or sludge; (2) solid, may be appealed to the Administrator liquid, semi-solid or contained gaseous mate- by any person who participated in the rial; or (3) something else. No materials in public hearing. The Administrator may the third category are solid waste. All mate- choose to grant or to deny the appeal. rials in the first category are solid waste. Materials in the second category are solid Final Agency action occurs when a waste unless they are one of the five exclu- final order is issued and Agency review sions specified in § 261.4(a). procedures are exhausted. (b) If the person is accumulating the Definition of Hazardous Waste recyclable material as a storage facil- If a person has determined that his mate- ity, the notice will state that the per- rial is a ‘‘solid waste’’, the next question he son must obtain a permit in accordance should ask is: ‘‘Is the solid waste I handle a with all applicable provisions of parts hazardous waste?’’ 270 and 124 of this chapter. The owner Hazardous waste is defined in § 261.3 of this chapter. Section 261.3 provides that, in gen- or operator of the facility must apply eral, a solid waste is a hazardous waste if: (1) for a permit within no less than 60 days It is, or contains, a hazardous waste listed in and no more than six months of notice, subpart D of part 261 of this chapter, or (2) as specified in the notice. If the owner the waste exhibits any of the characteristics or operator of the facility wishes to defined in subpart C of part 261. However, challenge the Regional Administrator’s parts 260 and 261 also contain provisions decision, he may do so in his permit ap- which exclude (§§ 261.4(b), 260.20, and 260.22) certain solid wastes from the definition of plication, in a public hearing held on ‘‘hazardous waste’’, even though they are list- the draft permit, or in comments filed ed in subpart D or exhibit one or more of the on the draft permit or on the notice of characteristics defined in subpart C. Figure 2 intent to deny the permit. The fact depicts the interplay of these special provi- sheet accompanying the permit will sions with the definition of ‘‘hazardous specify the reasons for the Agency’s de- waste’’. It presents a series of questions termination. The question of whether which a person should ask himself con- the Regional Administrator’s decision cerning his waste. After doing so, the person should be able to determine if the solid waste was proper will remain open for consid- he handles is a hazardous waste. eration during the public comment pe- riod discussed under § 124.11 of this Hazardous Waste Regulations chapter and in any subsequent hearing. If this is the case, the person should look [50 FR 663, Jan. 4, 1985]‘ at Figure 3. Figure 3 depicts the special pro- visions specified in the final part 261 rules APPENDIX I TO PART 260—OVERVIEW OF for hazardous waste which: 1. Is generated by a small quantity generator SUBTITLE C REGULATIONS 2. Is or is intended to be legitimately and The Agency believes that there are many beneficially used, re-used, recycled, or re- people who suspect, but are not sure, that claimed their activities are subject to control under 3. Is a sludge; is listed in part 261, subpart D; the RCRA Subtitle C rules. This appendix is or is a mixture containing a waste listed in written for these people. It is designed to part 261, subpart D. help those who are unfamiliar with the haz- For each of these Groups, Figure 3 indi- ardous waste control program to determine cates with which subtitle C regulations (if
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any) the person handling these wastes must off-site, then the person must comply with comply. Figure 3 also explains that, if a per- § 262.34 of the part 262 rules. son handles hazardous waste which is not in- All other owners or operators of treat- cluded in any one of the above three cat- ment, storage, or disposal facilities must egories, his waste is subject to the subtitle C comply with either the part 264 or the part regulations diagrammed in Figure 4. 265 rules. To determine with which of these Figure 4 is a flowchart which identifies the sets of rules an owner or operator must com- three categories of activities regulated under ply, he must find out whether his facility the subtitle C rules, and the corresponding qualifies for interim status. To qualify, the set of rules with which people in each of owner or operator must: (1) Have been treat- these categories must comply. It points out ing, storing, or disposing of the hazardous that all people who handle hazardous waste waste, or commenced facility construction are either: (1) Generators of hazardous waste, on or before October 21, 1976, (2) comply with (2) transporters of hazardous waste, (3) own- the section 3010 notification requirements, ers or operators of hazardous waste treat- and (3) apply for a permit under part 270 of ment, storage, or disposal facilities, or (4) a this chapter. combination of the above. Figure 4 indicates If the owner or operator has done all of the that all of these people must notify EPA of above, he qualifies for interim status, and he their hazardous waste activities in accord- must comply with the part 265 rules. These ance with the Section 3010 Notification Pro- rules contain administrative requirements, cedures (see 45 FR 12746 et seq.), and obtain monitoring and closure standards, and an ab- an EPA identification number. breviated set of technical and closure and post-closure cost estimate requirements. The It should be noted that people handling owner or operator must comply with these wastes listed in subpart D of part 261 who standards until final administrative disposi- have filed, or who intend to file an applica- tion of his permit application is made. If a tion to exempt their waste from regulation permit is issued to the owner or operator, he under the subtitle C rules, must also comply must then comply with the permit which with the notification requirements of section will be based on the part 264 rules. 3010. If the owner or operator has not carried If a person generates hazardous waste, Fig- out the above three requirements, he does ure 4 indicates that he must comply with the not qualify for interim status. Until he is part 262 rules. If he transports it, he must issued a permit for his facility, the owner or comply with the part 263 rules. The stand- operator must stop waste management oper- ards in both these parts are designed to en- ations (if any) at the facility, and send his sure, among other things, proper record- hazardous waste (if any) to a facility whose keeping and reporting, the use of a manifest owner or operator has interim status or to a system to track shipments of hazardous storage facility following the part 262 rules. waste, the use of proper labels and con- In order to apply for a permit, the owner or tainers, and the delivery of the waste to a operator must comply with the procedures permitted treatment, storage, or disposal fa- specified in part 270 of this chapter. cility. It should be noted that the Agency will be If a person owns or operates a facility periodically revising the rules depicted in which treats, stores, or disposes of hazardous Figures 3 and 4. All persons are encouraged waste, the standards with which he must to write to EPA to verify that the regula- comply depend on a number of factors. First tions which they are reading are up-to-date. of all, if the owner or operator of a storage fa- To obtain this verification, contact: Solid cility is also the person who generates the Waste Information, U.S. Environmental Pro- waste, and the waste is stored at the facility tection Agency, 26 West St. Clair Street, Cin- for less than 90 days for subsequent shipment cinnati, Ohio 45268 (513) 684–5362.
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PART 261—IDENTIFICATION AND 261.5 Special requirements for hazardous waste generated by conditionally exempt LISTING OF HAZARDOUS WASTE small quantity generators. 261.6 Requirements for recyclable mate- Subpart A—General rials. 261.7 Residues of hazardous waste in empty Sec. containers. 261.1 Purpose and scope. 261.8 PCB wastes regulated under Toxic 261.2 Definition of solid waste. Substance Control Act. 261.3 Definition of hazardous waste. 261.9 Requirements for Universal Waste. 261.4 Exclusions.
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Subpart B—Criteria for Identifying the ject to the notification requirements of Characteristics of Hazardous Waste section 3010 of RCRA. In this part: and for Listing Hazardous Waste (1) Subpart A defines the terms ‘‘solid waste’’ and ‘‘hazardous waste’’, identi- 261.10 Criteria for identifying the character- fies those wastes which are excluded istics of hazardous waste. 261.11 Criteria for listing hazardous waste. from regulation under parts 262 through 266, 268 and 270 and establishes Subpart C—Characteristics of Hazardous special management requirements for Waste hazardous waste produced by condi- tionally exempt small quantity genera- 261.20 General. tors and hazardous waste which is re- 261.21 Characteristic of ignitability. 261.22 Characteristic of corrosivity. cycled. 261.23 Characteristic of reactivity. (2) Subpart B sets forth the criteria 261.24 Toxicity characteristic. used by EPA to identify characteristics of hazardous waste and to list par- Subpart D—Lists of Hazardous Wastes ticular hazardous wastes. (3) Subpart C identifies characteris- 261.30 General. 261.31 Hazardous wastes from non-specific tics of hazardous waste. sources. (4) Subpart D lists particular haz- 261.32 Hazardous wastes from specific ardous wastes. sources. (b)(1) The definition of solid waste 261.33 Discarded commercial chemical prod- contained in this part applies only to ucts, off-specification species, container wastes that also are hazardous for pur- residues, and spill residues thereof. poses of the regulations implementing 261.35 Deletion of certain hazardous waste subtitle C of RCRA. For example, it codes following equipment cleaning and replacement. does not apply to materials (such as 261.38 Comparable/Syngas Fuel Exclusion. non-hazardous scrap, paper, textiles, or APPENDIX I TO PART 261—REPRESENTATIVE rubber) that are not otherwise haz- SAMPLING METHODS ardous wastes and that are recycled. APPENDIX II TO PART 261—METHOD 1311 TOX- (2) This part identifies only some of ICITY CHARACTERISTIC LEACHING PROCE- the materials which are solid wastes DURE (TCLP) and hazardous wastes under sections APPENDIX III TO PART 261—CHEMICAL ANAL- 3007, 3013, and 7003 of RCRA. A material YSIS TEST METHODS which is not defined as a solid waste in APPENDIX IV TO PART 261—[RESERVED FOR this part, or is not a hazardous waste RADIOACTIVE WASTE TEST METHODS] APPENDIX V TO PART 261—[RESERVED FOR IN- identified or listed in this part, is still FECTIOUS WASTE TREATMENT SPECIFICA- a solid waste and a hazardous waste for TIONS] purposes of these sections if: APPENDIX VI TO PART 261—[RESERVED FOR (i) In the case of sections 3007 and ETIOLOGIC AGENTS] 3013, EPA has reason to believe that APPENDIX VII TO PART 261—BASIS FOR LIST- the material may be a solid waste ING HAZARDOUS WASTE within the meaning of section 1004(27) APPENDIX VIII TO PART 261—HAZARDOUS CON- of RCRA and a hazardous waste within STITUENTS APPENDIX IX TO PART 261—WASTES EXCLUDED the meaning of section 1004(5) of RCRA; UNDER §§ 260.20 AND 260.22 or (ii) In the case of section 7003, the AUTHORITY: 42 U.S.C. 6905, 6912(a), 6921, statutory elements are established. 6922, 6924(y) and 6938. (c) For the purposes of §§ 261.2 and SOURCE: 45 FR 33119, May 19, 1980, unless 261.6: otherwise noted. (1) A ‘‘spent material’’ is any material that has been used and as a result of Subpart A—General contamination can no longer serve the purpose for which it was produced § 261.1 Purpose and scope. without processing; (a) This part identifies those solid (2) ‘‘Sludge’’ has the same meaning wastes which are subject to regulation used in § 260.10 of this chapter; as hazardous wastes under parts 262 (3) A ‘‘by-product’’ is a material that through 265, 268, and parts 270, 271, and is not one of the primary products of a 124 of this chapter and which are sub- production process and is not solely or
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separately produced by the production terial of the same type (e.g., slags from process. Examples are process residues a single smelting process) that is recy- such as slags or distillation column cled in the same way (i.e., from which bottoms. The term does not include a the same material is recovered or that co-product that is produced for the is used in the same way). Materials ac- general public’s use and is ordinarily cumulating in units that would be ex- used in the form it is produced by the empt from regulation under § 261.4(c) process. are not to be included in making the (4) A material is ‘‘reclaimed’’ if it is calculation. (Materials that are al- processed to recover a usable product, ready defined as solid wastes also are or if it is regenerated. Examples are re- not to be included in making the cal- covery of lead values from spent bat- culation.) Materials are no longer in teries and regeneration of spent sol- this category once they are removed vents. from accumulation for recycling, how- (5) A material is ‘‘used or reused’’ if it ever. is either: (9) ‘‘Excluded scrap metal’’ is proc- (i) Employed as an ingredient (in- essed scrap metal, unprocessed home cluding use as an intermediate) in an scrap metal, and unprocessed prompt industrial process to make a product scrap metal. (for example, distillation bottoms from (10) ‘‘Processed scrap metal’’ is scrap one process used as feedstock in an- metal which has been manually or other process). However, a material physically altered to either separate it will not satisfy this condition if dis- into distinct materials to enhance eco- tinct components of the material are nomic value or to improve the handling recovered as separate end products (as of materials. Processed scrap metal in- when metals are recovered from metal- cludes, but is not limited to scrap containing secondary materials); or metal which has been baled, shredded, (ii) Employed in a particular func- sheared, chopped, crushed, flattened, tion or application as an effective sub- cut, melted, or separated by metal type stitute for a commercial product (for (i.e., sorted), and, fines, drosses and re- example, spent pickle liquor used as lated materials which have been ag- phosphorous precipitant and sludge glomerated. (Note: shredded circuit conditioner in wastewater treatment). boards being sent for recycling are not (6) ‘‘Scrap metal’’ is bits and pieces of considered processed scrap metal. They metal parts (e.g.,) bars, turnings, rods, are covered under the exclusion from sheets, wire) or metal pieces that may the definition of solid waste for shred- be combined together with bolts or sol- ded circuit boards being recycled dering (e.g., radiators, scrap auto- (§ 261.4(a)(13)). mobiles, railroad box cars), which when (11) ‘‘Home scrap metal’’ is scrap worn or superfluous can be recycled. metal as generated by steel mills, (7) A material is ‘‘recycled’’ if it is foundries, and refineries such as used, reused, or reclaimed. turnings, cuttings, punchings, and bor- (8) A material is ‘‘accumulated specu- ings. latively’’ if it is accumulated before (12) ‘‘Prompt scrap metal’’ is scrap being recycled. A material is not accu- metal as generated by the metal work- mulated speculatively, however, if the ing/fabrication industries and includes person accumulating it can show that such scrap metal as turnings, cuttings, the material is potentially recyclable punchings, and borings. Prompt scrap and has a feasible means of being recy- is also known as industrial or new cled; and that—during the calendar scrap metal. year (commencing on January 1)—the [45 FR 33119, May 19, 1980, as amended at 48 amount of material that is recycled, or FR 14293, Apr. 1, 1983; 50 FR 663, Jan. 4, 1985; transferred to a different site for recy- 51 FR 10174, Mar. 24, 1986; 51 FR 40636, Nov. 7, cling, equals at least 75 percent by 1986; 62 FR 26018, May 12, 1997] weight or volume of the amount of that material accumulated at the beginning § 261.2 Definition of solid waste. of the period. In calculating the per- (a)(1) A solid waste is any discarded centage of turnover, the 75 percent re- material that is not excluded by quirement is to be applied to each ma- § 261.4(a) or that is not excluded by
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variance granted under §§ 260.30 and (B) Used to produce products that are 260.31. applied to or placed on the land or are (2) A discarded material is any mate- otherwise contained in products that rial which is: are applied to or placed on the land (in (i) Abandoned, as explained in para- which cases the product itself remains graph (b) of this section; or a solid waste). (ii) Recycled, as explained in para- (ii) However, commercial chemical graph (c) of this section; or products listed in § 261.33 are not solid (iii) Considered inherently waste-like, wastes if they are applied to the land as explained in paragraph (d) of this and that is their ordinary manner of section; or use. (2) Burning for energy recovery. (i) Ma- (iv) A military munition identified as a terials noted with a * in column 2 of solid waste in 40 CFR 266.202. ‘‘ ’’ Table 1 are solid wastes when they are: (b) Materials are solid waste if they (A) Burned to recover energy; are abandoned by being: (B) Used to produce a fuel or are oth- (1) Disposed of; or erwise contained in fuels (in which (2) Burned or incinerated; or cases the fuel itself remains a solid (3) Accumulated, stored, or treated waste). (but not recycled) before or in lieu of (ii) However, commercial chemical being abandoned by being disposed of, products listed in § 261.33 are not solid burned, or incinerated. wastes if they are themselves fuels. (c) Materials are solid wastes if they (3) Reclaimed. Materials noted with a are recycled—or accumulated, stored, or ‘‘*’’ in column 3 of Table 1 are solid treated before recycling—as specified wastes when reclaimed (except as pro- in paragraphs (c)(1) through (4) of this vided under 40 CFR 261.4(a)(17)). Mate- section. rials noted with a ‘‘---’’ in column 3 of (1) Used in a manner constituting dis- Table 1 are not solid wastes when re- posal. (i) Materials noted with a ‘‘*’’ in claimed (except as provided under 40 Column 1 of Table I are solid wastes CFR 261.4(a)(17)). when they are: (4) Accumulated speculatively. Mate- (A) Applied to or placed on the land rials noted with a ‘‘*’’ in column 4 of in a manner that constitutes disposal; Table 1 are solid wastes when accumu- or lated speculatively.
TABLE 1
Reclamation (§ 261.2(c)(3)) (except as Use consti- Energy provided in Speculative tuting disposal recovery/ fuel 261.4(a)(17) accumulation (§ 261.2(c)(1)) (§ 261.2(c)(2)) for mineral (§ 261.2(c)(4)) processing secondary ma- terials)
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Spent Materials ...... (*) (*) (*) (*) Sludges (listed in 40 CFR Part 261.31 or 261.32 ...... (*) (*) (*) (*) Sludges exhibiting a characteristic of hazardous waste ...... (*) (*) Ð (*) By-products (listed in 40 CFR 261.31 or 261.32) ...... (*) (*) (*) (*) By-products exhibiting a characteristic of hazardous waste (*) (*) Ð (*) Commercial chemical products listed in 40 CFR 261.33 ...... (*) (*) Ð Ð Scrap metal other than excluded scrap metal (see 261.1(c)(9)) ...... (*) (*) (*) (*) Note: The terms ‘‘spent materials,’’ ‘‘sludges,’’ ‘‘by-products,’’ and ‘‘scrap metal’’ and ‘‘processed scrap metal’’ are defined in § 261.1.
(d) Inherently waste-like materials. The (1) Hazardous Waste Nos. F020, F021 following materials are solid wastes (unless used as an ingredient to make a when they are recycled in any manner: product at the site of generation), F022, F023, F026, and F028.
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(2) Secondary materials fed to a halo- (2) The following materials are solid gen acid furnace that exhibit a char- wastes, even if the recycling involves acteristic of a hazardous waste or are use, reuse, or return to the original listed as a hazardous waste as defined process (described in paragraphs (e)(1) in subparts C or D of this part, except (i) through (iii) of this section): for brominated material that meets the (i) Materials used in a manner consti- following criteria: tuting disposal, or used to produce (i) The material must contain a bro- products that are applied to the land; mine concentration of at least 45%; and or (ii) The material must contain less (ii) Materials burned for energy re- than a total of 1% of toxic organic covery, used to produce a fuel, or con- compounds listed in appendix VIII; and tained in fuels; or (iii) The material is processed contin- (iii) Materials accumulated specula- ually on-site in the halogen acid fur- tively; or nace via direct conveyance (hard pip- (iv) Materials listed in paragraphs ing). (d)(1) and (d)(2) of this section. (3) The Administrator will use the (f) Documentation of claims that mate- following criteria to add wastes to that rials are not solid wastes or are condi- list: tionally exempt from regulation. Re- (i)(A) The materials are ordinarily spondents in actions to enforce regula- disposed of, burned, or incinerated; or tions implementing subtitle C of RCRA who raise a claim that a certain mate- (B) The materials contain toxic con- rial is not a solid waste, or is condi- stituents listed in appendix VIII of part tionally exempt from regulation, must 261 and these constituents are not ordi- demonstrate that there is a known narily found in raw materials or prod- market or disposition for the material, ucts for which the materials substitute and that they meet the terms of the ex- (or are found in raw materials or prod- clusion or exemption. In doing so, they ucts in smaller concentrations) and are must provide appropriate documenta- not used or reused during the recycling tion (such as contracts showing that a process; and second person uses the material as an (ii) The material may pose a substan- ingredient in a production process) to tial hazard to human health and the demonstrate that the material is not a environment when recycled. waste, or is exempt from regulation. In (e) Materials that are not solid waste addition, owners or operators of facili- when recycled. (1) Materials are not ties claiming that they actually are re- solid wastes when they can be shown to cycling materials must show that they be recycled by being: have the necessary equipment to do so. (i) Used or reused as ingredients in an industrial process to make a product, [50 FR 664, Jan. 4, 1985, as amended at 50 FR provided the materials are not being 33542, Aug. 20, 1985; 56 FR 7206, Feb. 21, 1991; 56 FR 32688, July 17, 1991; 56 FR 42512, Aug. 27, reclaimed; or 1991; 57 FR 38564, Aug. 25, 1992; 59 FR 48042, (ii) Used or reused as effective sub- Sept. 19, 1994; 62 FR 6651, Feb. 12, 1997; 62 FR stitutes for commercial products; or 26019, May 12, 1997; 63 FR 28636, May 26, 1998; (iii) Returned to the original process 64 FR 24513, May 11, 1999] from which they are generated, with- out first being reclaimed or land dis- § 261.3 Definition of hazardous waste. posed. The material must be returned (a) A solid waste, as defined in § 261.2, as a substitute for feedstock materials. is a hazardous waste if: In cases where the original process to (1) It is not excluded from regulation which the material is returned is a sec- as a hazardous waste under § 261.4(b); ondary process, the materials must be and managed such that there is no place- (2) It meets any of the following cri- ment on the land. In cases where the teria: materials are generated and reclaimed (i) It exhibits any of the characteris- within the primary mineral processing tics of hazardous waste identified in industry, the conditions of the exclu- subpart C of this part. However, any sion found at § 261.4(a)(17) apply rather mixture of a waste from the extraction, than this paragraph. beneficiation, and processing of ores
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and minerals excluded under demonstrate that the mixture consists § 261.4(b)(7) and any other solid waste of wastewater the discharge of which is exhibiting a characteristic of haz- subject to regulation under either sec- ardous waste under subpart C is a haz- tion 402 or section 307(b) of the Clean ardous waste only if it exhibits a char- Water Act (including wastewater at fa- acteristic that would not have been ex- cilities which have eliminated the dis- hibited by the excluded waste alone if charge of wastewater) and: such mixture had not occurred, or if it (A) One or more of the following sol- continues to exhibit any of the charac- vents listed in § 261.31—carbon tetra- teristics exhibited by the non-excluded chloride, tetrachloroethylene, tri- wastes prior to mixture. Further, for chloroethylene—Provided, That the the purposes of applying the Toxicity maximum total weekly usage of these Characteristic to such mixtures, the solvents (other than the amounts that mixture is also a hazardous waste if it can be demonstrated not to be dis- exceeds the maximum concentration charged to wastewater) divided by the for any contaminant listed in table I to average weekly flow of wastewater into § 261.24 that would not have been ex- the headworks of the facility’s waste- ceeded by the excluded waste alone if water treatment or pretreatment sys- the mixture had not occurred or if it tem does not exceed 1 part per million; continues to exceed the maximum con- or centration for any contaminant ex- (B) One or more of the following ceeded by the nonexempt waste prior spent solvents listed in § 261.31—meth- to mixture. ylene chloride, 1,1,1-trichloroethane, (ii) It is listed in subpart D of this chlorobenzene, o-dichlorobenzene, part and has not been excluded from cresols, cresylic acid, nitrobenzene, the lists in subpart D of this part under toluene, methyl ethyl ketone, carbon §§ 260.20 and 260.22 of this chapter. disulfide, isobutanol, pyridine, spent (iii) It is a mixture of a solid waste chlorofluorocarbon solvents—provided and a hazardous waste that is listed in that the maximum total weekly usage subpart D of this part solely because it of these solvents (other than the exhibits one or more of the characteris- amounts that can be demonstrated not tics of hazardous waste identified in subpart C of this part, unless the re- to be discharged to wastewater) divided sultant mixture no longer exhibits any by the average weekly flow of waste- characteristic of hazardous waste iden- water into the headworks of the facili- tified in subpart C of this part, or un- ty’s wastewater treatment or less the solid waste is excluded from pretreatment system does not exceed regulation under § 261.4(b)(7) and the re- 25 parts per million; or sultant mixture no longer exhibits any (C) One of the following wastes listed characteristic of hazardous waste iden- in § 261.32, provided that the wastes are tified in subpart C of this part for discharged to the refinery oil recovery which the hazardous waste listed in sewer before primary oil/water/solids subpart D of this part was listed. (How- separation—heat exchanger bundle ever, nonwastewater mixtures are still cleaning sludge from the petroleum re- subject to the requirements of part 268 fining industry (EPA Hazardous Waste of this chapter, even if they no longer No. K050), crude oil storage tank sedi- exhibit a characteristic at the point of ment from petroleum refining oper- land disposal). ations (EPA Hazardous Waste No. (iv) It is a mixture of solid waste and K169), clarified slurry oil tank sedi- one or more hazardous wastes listed in ment and/or in-line filter/separation subpart D of this part and has not been solids from petroleum refining oper- excluded from paragraph (a)(2) of this ations (EPA Hazardous Waste No. section under §§ 260.20 and 260.22 of this K170), spent hydrotreating catalyst chapter; however, the following mix- (EPA Hazardous Waste No. K171), and tures of solid wastes and hazardous spent hydrorefining catalyst (EPA Haz- wastes listed in subpart D of this part ardous Waste No. K172); or are not hazardous wastes (except by ap- (D) A discarded commercial chemical plication of paragraph (a)(2) (i) or (ii) product, or chemical intermediate list- of this section) if the generator can ed in § 261.33, arising from de minimis
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losses of these materials from manu- lowing wastes listed in § 261.32—organic facturing operations in which these waste (including heavy ends, still bot- materials are used as raw materials or toms, light ends, spent solvents, fil- are produced in the manufacturing trates, and decantates) from the pro- process. For purposes of this paragraph duction of carbamates and carbamoyl (a)(2)(iv)(D), ‘‘de minimis’’ losses include oximes (EPA Hazardous Waste No. those from normal material handling K156).—Provided, that the maximum operations (e.g., spills from the unload- concentration of formaldehyde, methyl ing or transfer of materials from bins chloride, methylene chloride, and or other containers, leaks from pipes, triethylamine prior to any dilutions valves or other devices used to transfer into the headworks of the facility’s materials); minor leaks of process wastewater treatment system does not equipment, storage tanks or con- exceed a total of 5 milligrams per liter. tainers; leaks from well maintained (v) Rebuttable presumption for used oil. pump packings and seals; sample Used oil containing more than 1000 ppm purgings; relief device discharges; dis- total halogens is presumed to be a haz- charges from safety showers and rins- ardous waste because it has been mixed ing and cleaning of personal safety with halogenated hazardous waste list- equipment; and rinstate from empty ed in subpart D of part 261 of this chap- containers or from containers that are ter. Persons may rebut this presump- rendered empty by that rinsing; or tion by demonstrating that the used oil (E) Wastewater resulting from lab- does not contain hazardous waste (for oratory operations containing toxic (T) example, by using an analytical meth- wastes listed in subpart D of this part, od from SW–846, Third Edition, to show Provided, That the annualized average that the used oil does not contain sig- flow of laboratory wastewater does not nificant concentrations of halogenated exceed one percent of total wastewater hazardous constituents listed in appen- flow into the headworks of the facili- dix VIII of part 261 of this chapter). ty’s wastewater treatment or pre- EPA Publication SW–846, Third Edi- treatment system or provided the tion, is available for the cost of $110.00 wastes, combined annualized average from the Government Printing Office, concentration does not exceed one part Superintendent of Documents, PO Box per million in the headworks of the fa- 371954, Pittsburgh, PA 15250–7954. 202– cility’s wastewater treatment or pre- 512–1800 (document number 955–001– treatment facility. Toxic (T) wastes 00000–1). used in laboratories that are dem- (A) The rebuttable presumption does onstrated not to be discharged to not apply to metalworking oils/fluids wastewater are not to be included in containing chlorinated paraffins, if this calculation; or they are processed, through a tolling (F) One or more of the following agreement, to reclaim metalworking wastes listed in § 261.32—wastewaters oils/fluids. The presumption does apply from the production of carbamates and to metalworking oils/fluids if such oils/ carbamoyl oximes (EPA Hazardous fluids are recycled in any other man- Waste No. K157)—Provided that the ner, or disposed. maximum weekly usage of formalde- (B) The rebuttable presumption does hyde, methyl chloride, methylene chlo- not apply to used oils contaminated ride, and triethylamine (including all with chlorofluorocarbons (CFCs) re- amounts that can not be demonstrated moved from refrigeration units where to be reacted in the process, destroyed the CFCs are destined for reclamation. through treatment, or is recovered, The rebuttable presumption does apply i.e., what is discharged or volatilized) to used oils contaminated with CFCs divided by the average weekly flow of that have been mixed with used oil process wastewater prior to any dilu- from sources other than refrigeration tions into the headworks of the facili- units. ty’s wastewater treatment system does (b) A solid waste which is not ex- not exceed a total of 5 parts per million cluded from regulation under para- by weight; or graph (a)(1) of this section becomes a (G) Wastewaters derived from the hazardous waste when any of the fol- treatment of one or more of the fol- lowing events occur:
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(1) In the case of a waste listed in dues meet the generic exclusion levels subpart D of this part, when the waste identified in the tables in this para- first meets the listing description set graph for all constituents, and exhibit forth in subpart D of this part. no characteristics of hazardous waste. (2) In the case of a mixture of solid Testing requirements must be incor- waste and one or more listed hazardous porated in a facility’s waste analysis wastes, when a hazardous waste listed plan or a generator’s self-implementing in subpart D is first added to the solid waste analysis plan; at a minimum, waste. composite samples of residues must be (3) In the case of any other waste (in- collected and analyzed quarterly and/or cluding a waste mixture), when the when the process or operation gener- waste exhibits any of the characteris- ating the waste changes. Persons tics identified in subpart C of this part. claiming this exclusion in an enforce- (c) Unless and until it meets the cri- ment action will have the burden of teria of paragraph (d) of this section: proving by clear and convincing evi- (1) A hazardous waste will remain a dence that the material meets all of hazardous waste. the exclusion requirements. (2)(i) Except as otherwise provided in Maximum for any paragraph (c)(2)(ii) of this section, any single composite solid waste generated from the treat- Constituent sampleÐTCLP ment, storage, or disposal of a haz- (mg/l) ardous waste, including any sludge, Generic exclusion levels for K061 and K062 nonwastewater spill residue, ash, emission control HTMR residues dust, or leachate (but not including precipitation run-off) is a hazardous Antimony ...... 0.10 Arsenic ...... 0.50 waste. (However, materials that are re- Barium ...... 7.6 claimed from solid wastes and that are Beryllium ...... 0.010 used beneficially are not solid wastes Cadmium ...... 0.050 Chromium (total) ...... 0.33 and hence are not hazardous wastes Lead ...... 0.15 under this provision unless the re- Mercury ...... 0.009 claimed material is burned for energy Nickel ...... 1.0 Selenium ...... 0.16 recovery or used in a manner consti- Silver ...... 0.30 tuting disposal.) Thallium ...... 0.020 (ii) The following solid wastes are not Zinc ...... 70 hazardous even though they are gen- Generic exclusion levels for F006 nonwastewater HTMR erated from the treatment, storage, or residues disposal of a hazardous waste, unless they exhibit one or more of the charac- Antimony ...... 0.10 teristics of hazardous waste: Arsenic ...... 0.50 (A) Waste pickle liquor sludge gen- Barium ...... 7.6 Beryllium ...... 0.010 erated by lime stabilization of spent Cadmium ...... 0.050 pickle liquor from the iron and steel Chromium (total) ...... 0.33 industry (SIC Codes 331 and 332). Cyanide (total) (mg/kg) ...... 1.8 Lead ...... 0.15 (B) Waste from burning any of the Mercury ...... 0.009 materials exempted from regulation by Nickel ...... 1.0 § 261.6(a)(3)(iii) and (iv). Selenium ...... 0.16 Silver ...... 0.30 (C)(1) Nonwastewater residues, such Thallium ...... 0.020 as slag, resulting from high tempera- Zinc ...... 70 ture metals recovery (HTMR) proc- essing of K061, K062 or F006 waste, in (2) A one-time notification and cer- units identified as rotary kilns, flame tification must be placed in the facili- reactors, electric furnaces, plasma arc ty’s files and sent to the EPA region or furnaces, slag reactors, rotary hearth authorized state for K061, K062 or F006 furnace/electric furnace combinations HTMR residues that meet the generic or industrial furnaces (as defined in exclusion levels for all constituents paragraphs (6), (7), and (13) of the defi- and do not exhibit any characteristics nition for ‘‘Industrial furnace’’ in 40 that are sent to subtitle D units. The CFR 260.10), that are disposed in sub- notification and certification that is title D units, provided that these resi- placed in the generators or treaters
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files must be updated if the process or even if they no longer exhibit a char- operation generating the waste acteristic at the point of land disposal.) changes and/or if the subtitle D unit re- (2) In the case of a waste which is a ceiving the waste changes. However, listed waste under subpart D of this the generator or treater need only no- part, contains a waste listed under sub- tify the EPA region or an authorized part D of this part or is derived from a state on an annual basis if such waste listed in subpart D of this part, changes occur. Such notification and it also has been excluded from para- certification should be sent to the EPA graph (c) of this section under §§ 260.20 region or authorized state by the end of and 260.22 of this chapter. the calendar year, but no later than (e) [Reserved] December 31. The notification must in- clude the following information: The (f) Notwithstanding paragraphs (a) name and address of the subtitle D unit through (d) of this section and provided receiving the waste shipments; the the debris as defined in part 268 of this EPA Hazardous Waste Number(s) and chapter does not exhibit a char- treatability group(s) at the initial acteristic identified at subpart C of point of generation; and, the treatment this part, the following materials are standards applicable to the waste at not subject to regulation under 40 CFR the initial point of generation. The cer- parts 260, 261 to 266, 268, or 270: tification must be signed by an author- (1) Hazardous debris as defined in ized representative and must state as part 268 of this chapter that has been follows: ‘‘I certify under penalty of law treated using one of the required ex- that the generic exclusion levels for all traction or destruction technologies constituents have been met without specified in Table 1 of § 268.45 of this impermissible dilution and that no chapter; persons claiming this exclu- characteristic of hazardous waste is ex- sion in an enforcement action will have hibited. I am aware that there are sig- the burden of proving by clear and con- nificant penalties for submitting a vincing evidence that the material false certification, including the possi- meets all of the exclusion require- bility of fine and imprisonment. ’’ ments; or (D) Biological treatment sludge from (2) Debris as defined in part 268 of the treatment of one of the following wastes listed in § 261.32—organic waste this chapter that the Regional Admin- (including heavy ends, still bottoms, istrator, considering the extent of con- light ends, spent solvents, filtrates, tamination, has determined is no and decantates) from the production of longer contaminated with hazardous carbamates and carbamoyl oximes waste. (EPA Hazardous Waste No. K156), and [57 FR 7632, Mar. 3, 1992; 57 FR 23063, June 1, wastewaters from the production of 1992, as amended at 57 FR 37263, Aug. 18, 1992; carbamates and carbamoyl oximes 57 FR 41611, Sept. 10, 1992; 57 FR 49279, Oct. (EPA Hazardous Waste No. K157). 30, 1992; 59 FR 38545, July 28, 1994; 60 FR 7848, (E) Catalyst inert support media sep- Feb. 9, 1995; 63 FR 28637, May 26, 1998; 63 FR arated from one of the following wastes 42184, Aug. 6, 1998] listed in § 261.32—Spent hydrotreating catalyst (EPA Hazardous Waste No. § 261.4 Exclusions. K171), and Spent hydrorefining catalyst (a) Materials which are not solid (EPA Hazardous Waste No. K172). wastes. The following materials are not (d) Any solid waste described in para- solid wastes for the purpose of this graph (c) of this section is not a haz- part: ardous waste if it meets the following (1)(i) Domestic sewage; and criteria: (1) In the case of any solid waste, it (ii) Any mixture of domestic sewage does not exhibit any of the characteris- and other wastes that passes through a tics of hazardous waste identified in sewer system to a publicly-owned subpart C of this part. (However, treatment works for treatment. ‘‘Do- wastes that exhibit a characteristic at mestic sewage’’ means untreated sani- the point of generation may still be tary wastes that pass through a sewer subject to the requirements of part 268, system.
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(2) Industrial wastewater discharges (iii) Prior to reuse, the wood pre- that are point source discharges sub- serving wastewaters and spent wood ject to regulation under section 402 of preserving solutions described in para- the Clean Water Act, as amended. graphs (a)(9)(i) and (a)(9)(ii) of this sec- [Comment: This exclusion applies only to the tion, so long as they meet all of the fol- actual point source discharge. It does not ex- lowing conditions: clude industrial wastewaters while they are (A) The wood preserving wastewaters being collected, stored or treated before dis- and spent wood preserving solutions charge, nor does it exclude sludges that are generated by industrial wastewater treat- are reused on-site at water borne ment.] plants in the production process for (3) Irrigation return flows. their original intended purpose; (4) Source, special nuclear or by- (B) Prior to reuse, the wastewaters product material as defined by the and spent wood preserving solutions Atomic Energy Act of 1954, as amend- are managed to prevent release to ei- ed, 42 U.S.C. 2011 et seq. ther land or groundwater or both; (5) Materials subjected to in-situ (C) Any unit used to manage mining techniques which are not re- wastewaters and/or spent wood pre- moved from the ground as part of the serving solutions prior to reuse can be extraction process. visually or otherwise determined to (6) Pulping liquors (i.e., black liquor) prevent such releases; that are reclaimed in a pulping liquor (D) Any drip pad used to manage the recovery furnace and then reused in wastewaters and/or spent wood pre- the pulping process, unless it is accu- serving solutions prior to reuse com- mulated speculatively as defined in plies with the standards in part 265, § 261.1(c) of this chapter. subpart W of this chapter, regardless of (7) Spent sulfuric acid used to whether the plant generates a total of produce virgin sulfuric acid, unless it is less than 100 kg/month of hazardous accumulated speculatively as defined waste; and in § 261.1(c) of this chapter. (E) Prior to operating pursuant to (8) Secondary materials that are re- this exclusion, the plant owner or oper- claimed and returned to the original ator submits to the appropriate Re- process or processes in which they were gional Administrator or State Director generated where they are reused in the a one-time notification stating that production process provided: the plant intends to claim the exclu- (i) Only tank storage is involved, and sion, giving the date on which the the entire process through completion plant intends to begin operating under of reclamation is closed by being en- the exclusion, and containing the fol- tirely connected with pipes or other lowing language: ‘‘I have read the appli- comparable enclosed means of convey- cable regulation establishing an exclu- ance; sion for wood preserving wastewaters (ii) Reclamation does not involve and spent wood preserving solutions controlled flame combustion (such as and understand it requires me to com- occurs in boilers, industrial furnaces, ply at all times with the conditions set or incinerators); out in the regulation.’’ The plant must (iii) The secondary materials are maintain a copy of that document in never accumulated in such tanks for its on-site records for a period of no over twelve months without being re- less than 3 years from the date speci- claimed; and fied in the notice. The exclusion ap- (iv) The reclaimed material is not plies only so long as the plant meets used to produce a fuel, or used to all of the conditions. If the plant goes produce products that are used in a out of compliance with any condition, manner constituting disposal. it may apply to the appropriate Re- (9)(i) Spent wood preserving solutions gional Administrator or State Director that have been reclaimed and are re- for reinstatement. The Regional Ad- used for their original intended pur- ministrator or State Director may re- pose; and instate the exclusion upon finding that (ii) Wastewaters from the wood pre- the plant has returned to compliance serving process that have been re- with all conditions and that violations claimed and are reused to treat wood. are not likely to recur.
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(10) EPA Hazardous Waste Nos. K060, designated as F037 listed wastes when K087, K141, K142, K143, K144, K145, K147, disposed of or intended for disposal. and K148, and any wastes from the coke (ii) Recovered oil that is recycled in by-products processes that are haz- the same manner and with the same ardous only because they exhibit the conditions as described in paragraph Toxicity Characteristic (TC) specified (a)(12)(i) of this section. Recovered oil in section 261.24 of this part when, sub- is oil that has been reclaimed from sec- sequent to generation, these materials ondary materials (including waste- are recycled to coke ovens, to the tar water) generated from normal petro- recovery process as a feedstock to leum industry practices, including re- produce coal tar, or mixed with coal fining, exploration and production, tar prior to the tar’s sale or refining. bulk storage, and transportation inci- This exclusion is conditioned on there dent thereto (SIC codes 1311, 1321, 1381, being no land disposal of the wastes 1382, 1389, 2911, 4612, 4613, 4922, 4923, 4789, from the point they are generated to 5171, and 5172.) Recovered oil does not the point they are recycled to coke include oil-bearing hazardous wastes ovens or tar recovery or refining proc- listed in subpart D of this part; how- esses, or mixed with coal tar. ever, oil recovered from such wastes (11) Nonwastewater splash condenser may be considered recovered oil. Re- dross residue from the treatment of covered oil does not include used oil as K061 in high temperature metals recov- defined in 40 CFR 279.1. ery units, provided it is shipped in (13) Excluded scrap metal (processed drums (if shipped) and not land dis- scrap metal, unprocessed home scrap posed before recovery. metal, and unprocessed prompt scrap (12) (i) Oil-bearing hazardous sec- metal) being recycled. ondary materials (i.e., sludges, byprod- (14) Shredded circuit boards being re- ucts, or spent materials) that are gen- cycled provided that they are: erated at a petroleum refinery (SIC (i) Stored in containers sufficient to code 2911) and are inserted into the pe- prevent a release to the environment troleum refining process (SIC code prior to recovery; and 2911—including, but not limited to, dis- (ii) Free of mercury switches, mer- tillation, catalytic cracking, fraction- cury relays and nickel-cadmium bat- ation, or thermal cracking units (i.e., teries and lithium batteries. cokers)) unless the material is placed (15) Condensates derived from the on the land, or speculatively accumu- overhead gases from kraft mill steam lated before being so recycled. Mate- strippers that are used to comply with rials inserted into thermal cracking 40 CFR 63.446(e). The exemption applies units are excluded under this para- only to combustion at the mill gener- graph, provided that the coke product ating the condensates. also does not exhibit a characteristic of (16) Comparable fuels or comparable hazardous waste. Oil-bearing hazardous syngas fuels (i.e., comparable/syngas secondary materials may be inserted fuels) that meet the requirements of into the same petroleum refinery § 261.38. where they are generated, or sent di- (17) Secondary materials (i.e., rectly to another petroleum refinery, sludges, by-products, and spent mate- and still be excluded under this provi- rials as defined in § 261.1) (other than sion. Except as provided in paragraph hazardous wastes listed in subpart D of (a)(12)(ii) of this section, oil-bearing this part) generated within the pri- hazardous secondary materials gen- mary mineral processing industry from erated elsewhere in the petroleum in- which minerals, acids, cyanide, water dustry (i.e., from sources other than or other values are recovered by min- petroleum refineries) are not excluded eral processing or by beneficiation, under this section. Residuals generated provided that: from processing or recycling materials (i) The secondary material is legiti- excluded under this paragraph mately recycled to recover minerals, (a)(12)(i), where such materials as gen- acids, cyanide, water or other values; erated would have otherwise met a list- (ii) The secondary material is not ac- ing under subpart D of this part, are cumulated speculatively;
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(iii) Except as provided in paragraph human or environmental exposure to (a)(15)(iv) of this section, the secondary hazardous constituents migrating from material is stored in tanks, containers, the pad via each exposure pathway, and or buildings meeting the following the possibility and extent of harm to minimum integrity standards: a build- human and environmental receptors ing must be an engineered structure via each exposure pathway. with a floor, walls, and a roof all of (B) Pads must meet the following which are made of non-earthen mate- minimum standards: be designed of rials providing structural support (ex- non-earthen material that is compat- cept smelter buildings may have par- ible with the chemical nature of the tially earthen floors provided the sec- mineral processing secondary material, ondary material is stored on the non- capable of withstanding physical earthen portion), and have a roof suit- stresses associated with placement and able for diverting rainwater away from removal, have run on/runoff controls, the foundation; a tank must be free be operated in a manner which controls standing, not be a surface impound- ment (as defined in 40 CFR 260.10), and fugitive dust, and have integrity assur- be manufactured of a material suitable ance through inspections and mainte- for containment of its contents; a con- nance programs. tainer must be free standing and be (C) Before making a determination manufactured of a material suitable under this paragraph, the Regional Ad- for containment of its contents. If ministrator or State Director must tanks or containers contain any partic- provide notice and the opportunity for ulate which may be subject to wind dis- comment to all persons potentially in- persal, the owner/operator must oper- terested in the determination. This can ate these units in a manner which con- be accomplished by placing notice of trols fugitive dust. Tanks, containers, this action in major local newspapers, and buildings must be designed, con- or broadcasting notice over local radio structed and operated to prevent sig- stations. nificant releases to the environment of (v) The owner or operator provides a these materials. notice to the Regional Administrator (iv) The Regional Administrator or or State Director, identifying the fol- the State Director may make a site- lowing information: the types of mate- specific determination, after public re- rials to be recycled; the type and loca- view and comment, that only solid tion of the storage units and recycling mineral processing secondary mate- processes; and the annual quantities rials may be placed on pads, rather expected to be placed in non land-based than in tanks, containers, or buildings. units. This notification must be up- Solid mineral processing secondary dated when there is a change in the materials do not contain any free liq- type of materials recycled or the loca- uid. The decision-maker must affirm tion of the recycling process. that pads are designed, constructed and operated to prevent significant releases (vi) For purposes of § 261.4(b)(7), min- of the secondary material into the en- eral processing secondary materials vironment. Pads must provide the must be the result of mineral proc- same degree of containment afforded essing and may not include any listed by the non-RCRA tanks, containers hazardous wastes. Listed hazardous and buildings eligible for exclusion. wastes and characteristic hazardous (A) The decision-maker must also wastes generated by non-mineral proc- consider if storage on pads poses the essing industries are not eligible for potential for significant releases via the conditional exclusion from the def- groundwater, surface water, and air ex- inition of solid waste. posure pathways. Factors to be consid- (18) Petrochemical recovered oil from ered for assessing the groundwater, an associated organic chemical manu- surface water, air exposure pathways facturing facility, where the oil is to be are: the volume and physical and chem- inserted into the petroleum refining ical properties of the secondary mate- process (SIC code 2911) along with nor- rial, including its potential for migra- mal petroleum refinery process tion off the pad; the potential for streams, provided:
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(i) The oil is hazardous only because (A) Household waste (from single and it exhibits the characteristic of ignit- multiple dwellings, hotels, motels, and ability (as defined in § 261.21) and/or other residential sources) and toxicity for benzene (§ 261.24, waste (B) Solid waste from commercial or code D018); and industrial sources that does not con- (ii) The oil generated by the organic tain hazardous waste; and chemical manufacturing facility is not (ii) Such facility does not accept haz- placed on the land, or speculatively ac- ardous wastes and the owner or oper- cumulated before being recycled into ator of such facility has established the petroleum refining process. An ‘‘as- contractual requirements or other ap- sociated organic chemical manufac- propriate notification or inspection turing facility’’ is a facility where the procedures to assure that hazardous primary SIC code is 2869, but where op- wastes are not received at or burned in erations may also include SIC codes such facility. 2821, 2822, and 2865; and is physically (2) Solid wastes generated by any of co-located with a petroleum refinery; the following and which are returned and where the petroleum refinery to to the soils as fertilizers: which the oil being recycled is returned (i) The growing and harvesting of ag- also provides hydrocarbon feedstocks ricultural crops. to the organic chemical manufacturing (ii) The raising of animals, including facility. ‘‘Petrochemical recovered oil’’ animal manures. is oil that has been reclaimed from sec- (3) Mining overburden returned to ondary materials (i.e., sludges, byprod- the mine site. ucts, or spent materials, including (4) Fly ash waste, bottom ash waste, wastewater) from normal organic slag waste, and flue gas emission con- chemical manufacturing operations, as trol waste, generated primarily from well as oil recovered from organic the combusion of coal or other fossil chemical manufacturing processes. fuels, except as provided by § 266.112 of (19) Spent caustic solutions from pe- this chapter for facilities that burn or troleum refining liquid treating proc- process hazardous waste. esses used as a feedstock to produce (5) Drilling fluids, produced waters, cresylic or naphthenic acid unless the and other wastes associated with the material is placed on the land, or accu- exploration, development, or produc- mulated speculatively as defined in tion of crude oil, natural gas or geo- § 261.1(c). thermal energy. (b) Solid wastes which are not haz- (6)(i) Wastes which fail the test for ardous wastes. The following solid the Toxicity Characteristic because wastes are not hazardous wastes: chromium is present or are listed in (1) Household waste, including house- subpart D due to the presence of chro- hold waste that has been collected, mium, which do not fail the test for transported, stored, treated, disposed, the Toxicity Characteristic for any recovered (e.g., refuse-derived fuel) or other constituent or are not listed due reused. ‘‘Household waste’’ means any to the presence of any other con- material (including garbage, trash and stituent, and which do not fail the test sanitary wastes in septic tanks) de- for any other characteristic, if it is rived from households (including single shown by a waste generator or by and multiple residences, hotels and waste generators that: motels, bunkhouses, ranger stations, (A) The chromium in the waste is ex- crew quarters, campgrounds, picnic clusively (or nearly exclusively) tri- grounds and day-use recreation areas). valent chromium; and A resource recovery facility managing (B) The waste is generated from an municipal solid waste shall not be industrial process which uses trivalent deemed to be treating, storing, dis- chromium exlcusively (or nearly exclu- posing of, or otherwise managing haz- sively) and the process does not gen- ardous wastes for the purposes of regu- erate hexavalent chromium; and lation under this subtitle, if such facil- (C) The waste is typically and fre- ity: quently managed in non-oxidizing envi- (i) Receives and burns only ronments.
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(ii) Specific waste which meet the and minerals (including coal, phos- standard in paragraphs (b)(6)(i) (A), (B), phate rock, and overburden from the and (C) (so long as they do not fail the mining of uranium ore), except as pro- test for the toxicity characteristic for vided by § 266.112 of this chapter for fa- any other constituent, and do not ex- cilities that burn or process hazardous hibit any other characteristic) are: waste. (A) Chrome (blue) trimmings gen- (i) For purposes of § 261.4(b)(7) erated by the following subcategories beneficiation of ores and minerals is of the leather tanning and finishing in- restricted to the following activities; dustry; hair pulp/chrome tan/retan/wet crushing; grinding; washing; dissolu- finish; hair save/chrome tan/retan/wet tion; crystallization; filtration; sort- finish; retan/wet finish; no beamhouse; ing; sizing; drying; sintering; through-the-blue; and shearling. pelletizing; briquetting; calcining to (B) Chrome (blue) shavings generated remove water and/or carbon dioxide; by the following subcategories of the roasting, autoclaving, and/or leather tanning and finishing industry: chlorination in preparation for leach- Hair pulp/chrome tan/retan/wet finish; ing (except where the roasting (and/or hair save/chrome tan/retan/wet finish; autoclaving and/or chlorination)/leach- retan/wet finish; no beamhouse; ing sequence produces a final or inter- through-the-blue; and shearling. mediate product that does not undergo (C) Buffing dust generated by the fol- further beneficiation or processing); lowing subcategories of the leather gravity concentration; magnetic sepa- tanning and finishing industry; hair ration; electrostatic separation; flota- pulp/chrome tan/retan/wet finish; hair tion; ion exchange; solvent extraction; save/chrome tan/retan/wet finish; electrowinning; precipitation; amal- retan/wet finish; no beamhouse; gamation; and heap, dump, vat, tank, through-the-blue. and in situ leaching. (D) Sewer screenings generated by (ii) For the purposes of § 261.4(b)(7), the following subcategories of the solid waste from the processing of ores leather tanning and finishing industry: and minerals includes only the fol- Hair pulp/crome tan/retan/wet finish; lowing wastes as generated: hair save/chrome tan/retan/wet finish; (A) Slag from primary copper proc- retan/wet finish; no beamhouse; essing; through-the-blue; and shearling. (B) Slag from primary lead proc- (E) Wastewater treatment sludges essing; generated by the following subcat- (C) Red and brown muds from bauxite egories of the leather tanning and fin- refining; ishing industry: Hair pulp/chrome tan/ (D) Phosphogypsum from phosphoric retan/wet finish; hair save/chrome tan/ acid production; retan/wet finish; retan/wet finish; no (E) Slag from elemental phosphorus beamhouse; through-the-blue; and production; shearling. (F) Gasifier ash from coal gasifi- (F) Wastewater treatment sludes gen- cation; erated by the following subcategories (G) Process wastewater from coal of the leather tanning and finishing in- gasification; dustry: Hair pulp/chrome tan/retan/wet (H) Calcium sulfate wastewater finish; hair save/chrometan/retan/wet treatment plant sludge from primary finish; and through-the-blue. copper processing; (G) Waste scrap leather from the (I) Slag tailings from primary copper leather tanning industry, the shoe processing; manufacturing industry, and other (J) Fluorogypsum from hydrofluoric leather product manufacturing indus- acid production; tries. (K) Process wastewater from (H) Wastewater treatment sludges hydrofluoric acid production; from the production of TiO2 pigment (L) Air pollution control dust/sludge using chromium-bearing ores by the from iron blast furnaces; chloride process. (M) Iron blast furnace slag; (7) Solid waste from the extraction, (N) Treated residue from roasting/ beneficiation, and processing of ores leaching of chrome ore;
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(O) Process wastewater from primary leum refineries, petroleum marketing magnesium processing by the anhy- terminals, petroleum bulk plants, pe- drous process; troleum pipelines, and petroleum (P) Process wastewater from phos- transportation spill sites until January phoric acid production; 25, 1993. This extension applies to re- (Q) Basic oxygen furnace and open covery operations in existence, or for hearth furnace air pollution control which contracts have been issued, on or dust/sludge from carbon steel produc- before March 25, 1991. For groundwater tion; returned through infiltration galleries (R) Basic oxygen furnace and open from such operations at petroleum re- hearth furnace slag from carbon steel fineries, marketing terminals, and production; bulk plants, until [insert date six (S ) Chloride process waste solids months after publication]. New oper- from titanium tetrachloride produc- ations involving injection wells (begin- tion; ning after March 25, 1991) will qualify (T) Slag from primary zinc proc- for this compliance date extension essing. (until January 25, 1993) only if: (iii) A residue derived from co-proc- (i) Operations are performed pursu- essing mineral processing secondary materials with normal beneficiation ant to a written state agreement that raw materials or with normal mineral includes a provision to assess the processing raw materials remains ex- groundwater and the need for further cluded under paragraph (b) of this sec- remediation once the free phase recov- tion if the owner or operator: ery is completed; and (A) Processes at least 50 percent by (ii) A copy of the written agreement weight normal beneficiation raw mate- has been submitted to: Characteristics rials or normal mineral processing raw Section (OS–333), U.S. Environmental materials; and, Protection Agency, 401 M Street, SW., (B) Legitimately reclaims the sec- Washington, DC 20460. ondary mineral processing materials. (12) Used chlorofluorocarbon refrig- (8) Cement kiln dust waste, except as erants from totally enclosed heat provided by § 266.112 of this chapter for transfer equipment, including mobile facilities that burn or process haz- air conditioning systems, mobile re- ardous waste. frigeration, and commercial and indus- (9) Solid waste which consists of dis- trial air conditioning and refrigeration carded arsenical-treated wood or wood systems that use chlorofluorocarbons products which fails the test for the as the heat transfer fluid in a refrigera- Toxicity Characteristic for Hazardous tion cycle, provided the refrigerant is Waste Codes D004 through D017 and reclaimed for further use. which is not a hazardous waste for any (13) Non-terne plated used oil filters other reason if the waste is generated that are not mixed with wastes listed by persons who utilize the arsenical- in subpart D of this part if these oil fil- treated wood and wood product for ters have been gravity hot-drained these materials’ intended end use. using one of the following methods: (10) Petroleum-contaminated media (i) Puncturing the filter anti-drain and debris that fail the test for the back valve or the filter dome end and Toxicity Characteristic of § 261.24 (Haz- hot-draining; ardous Waste Codes D018 through D043 (ii) Hot-draining and crushing; only) and are subject to the corrective action regulations under part 280 of (iii) Dismantling and hot-draining; or this chapter. (iv) Any other equivalent hot-drain- (11) Injected groundwater that is haz- ing method that will remove used oil. ardous only because it exhibits the (14) Used oil re-refining distillation Toxicity Characteristic (Hazardous bottoms that are used as feedstock to Waste Codes D018 through D043 only) in manufacture asphalt products. § 261.24 of this part that is reinjected (15) Leachate or gas condensate col- through an underground injection well lected from landfills where certain pursuant to free phase hydrocarbon re- solid wastes have been disposed, pro- covery operations undertaken at petro- vided that:
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(i) The solid wastes disposed would (d) Samples. (1) Except as provided in meet one or more of the listing descrip- paragraph (d)(2) of this section, a sam- tions for Hazardous Waste Codes K169, ple of solid waste or a sample of water, K170, K171, and K172 if these wastes had soil, or air, which is collected for the been generated after the effective date sole purpose of testing to determine its of the listing (February 8, 1999); characteristics or composition, is not (ii) The solid wastes described in subject to any requirements of this paragraph (b)(15)(i) of this section were part or parts 262 through 268 or part 270 disposed prior to the effective date of or part 124 of this chapter or to the no- the listing; tification requirements of section 3010 (iii) The leachate or gas condensate of RCRA, when: do not exhibit any characteristic of (i) The sample is being transported to hazardous waste nor are derived from a laboratory for the purpose of testing; any other listed hazardous waste; or (iv) Discharge of the leachate or gas (ii) The sample is being transported condensate, including leachate or gas back to the sample collector after test- condensate transferred from the land- ing; or fill to a POTW by truck, rail, or dedi- (iii) The sample is being stored by cated pipe, is subject to regulation the sample collector before transport under sections 307(b) or 402 of the Clean to a laboratory for testing; or (iv) The sample is being stored in a Water Act. laboratory before testing; or (v) After February 13, 2001, leachate (v) The sample is being stored in a or gas condensate will no longer be ex- laboratory after testing but before it is empt if it is stored or managed in a returned to the sample collector; or surface impoundment prior to dis- (vi) The sample is being stored tem- charge. There is one exception: if the porarily in the laboratory after testing surface impoundment is used to tempo- for a specific purpose (for example, rarily store leachate or gas condensate until conclusion of a court case or en- in response to an emergency situation forcement action where further testing (e.g., shutdown of wastewater treat- of the sample may be necessary). ment system), provided the impound- (2) In order to qualify for the exemp- ment has a double liner, and provided tion in paragraphs (d)(1) (i) and (ii) of the leachate or gas condensate is re- this section, a sample collector ship- moved from the impoundment and con- ping samples to a laboratory and a lab- tinues to be managed in compliance oratory returning samples to a sample with the conditions of this paragraph collector must: after the emergency ends. (i) Comply with U.S. Department of (c) Hazardous wastes which are ex- Transportation (DOT), U.S. Postal empted from certain regulations. A Service (USPS), or any other applica- hazardous waste which is generated in ble shipping requirements; or a product or raw material storage (ii) Comply with the following re- tank, a product or raw material trans- quirements if the sample collector de- port vehicle or vessel, a product or raw termines that DOT, USPS, or other material pipeline, or in a manufac- shipping requirements do not apply to turing process unit or an associated the shipment of the sample: non-waste-treatment-manufacturing (A) Assure that the following infor- unit, is not subject to regulation under mation accompanies the sample: parts 262 through 265, 268, 270, 271 and (1) The sample collector’s name, 124 of this chapter or to the notifica- mailing address, and telephone num- tion requirements of section 3010 of ber; RCRA until it exits the unit in which it (2) The laboratory’s name, mailing was generated, unless the unit is a sur- address, and telephone number; face impoundment, or unless the haz- (3) The quantity of the sample; ardous waste remains in the unit more (4) The date of shipment; and than 90 days after the unit ceases to be (5) A description of the sample. operated for manufacturing, or for (B) Package the sample so that it storage or transportation of product or does not leak, spill, or vaporize from raw materials. its packaging.
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(3) This exemption does not apply if (A) The transportation of each sam- the laboratory determines that the ple shipment complies with U.S. De- waste is hazardous but the laboratory partment of Transportation (DOT), is no longer meeting any of the condi- U.S. Postal Service (USPS), or any tions stated in paragraph (d)(1) of this other applicable shipping require- section. ments; or (e) Treatability Study Samples. (1) Ex- (B) If the DOT, USPS, or other ship- cept as provided in paragraph (e)(2) of ping requirements do not apply to the this section, persons who generate or shipment of the sample, the following collect samples for the purpose of con- information must accompany the sam- ducting treatability studies as defined ple: in section 260.10, are not subject to any (1) The name, mailing address, and requirement of parts 261 through 263 of telephone number of the originator of this chapter or to the notification re- the sample; quirements of Section 3010 of RCRA, (2) The name, address, and telephone nor are such samples included in the number of the facility that will per- quantity determinations of § 261.5 and form the treatability study; § 262.34(d) when: (3) The quantity of the sample; (i) The sample is being collected and (4) The date of shipment; and prepared for transportation by the gen- (5) A description of the sample, in- erator or sample collector; or cluding its EPA Hazardous Waste Num- (ii) The sample is being accumulated ber. or stored by the generator or sample (iv) The sample is shipped to a lab- collector prior to transportation to a oratory or testing facility which is ex- laboratory or testing facility; or empt under § 261.4(f) or has an appro- (iii) The sample is being transported priate RCRA permit or interim status. to the laboratory or testing facility for (v) The generator or sample collector the purpose of conducting a treat- maintains the following records for a ability study. period ending 3 years after completion (2) The exemption in paragraph (e)(1) of the treatability study: of this section is applicable to samples of hazardous waste being collected and (A) Copies of the shipping documents; shipped for the purpose of conducting (B) A copy of the contract with the treatability studies provided that: facility conducting the treatability (i) The generator or sample collector study; uses (in ‘‘treatability studies’’) no more (C) Documentation showing: than 10,000 kg of media contaminated (1) The amount of waste shipped with non-acute hazardous waste, 1000 under this exemption; kg of non-acute hazardous waste other (2) The name, address, and EPA iden- than contaminated media, 1 kg of tification number of the laboratory or acute hazardous waste, 2500 kg of testing facility that received the media contaminated with acute haz- waste; ardous waste for each process being (3) The date the shipment was made; evaluated for each generated waste and stream; and (4) Whether or not unused samples (ii) The mass of each sample ship- and residues were returned to the gen- ment does not exceed 10,000 kg; the erator. 10,000 kg quantity may be all media (vi) The generator reports the infor- contaminated with non-acute haz- mation required under paragraph ardous waste, or may include 2500 kg of (e)(v)(C) of this section in its biennial media contaminated with acute haz- report. ardous waste, 1000 kg of hazardous (3) The Regional Administrator may waste, and 1 kg of acute hazardous grant requests on a case-by-case basis waste; and for up to an additional two years for (iii) The sample must be packaged so treatability studies involving bio- that it will not leak, spill, or vaporize remediation. The Regional Adminis- from its packaging during shipment trator may grant requests on a case- and the requirements of paragraph A or by-case basis for quantity limits in ex- B of this subparagraph are met. cess of those specified in paragraphs
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(e)(2) (i) and (ii) and (f)(4) of this sec- quantity of each previous shipment, tion, for up to an additional 5000 kg of the laboratory or testing facility to media contaminated with non-acute which it was shipped, what treatability hazardous waste, 500 kg of non-acute study processes were conducted on hazardous waste, 2500 kg of media con- each sample shipped, and the available taminated with acute hazardous waste results on each treatability study; and 1 kg of acute hazardous waste: (C) A description of the technical (i) In response to requests for author- modifications or change in specifica- ization to ship, store and conduct tions which will be evaluated and the treatabilty studies on additional quan- expected results; tities in advance of commencing treat- (D) If such further study is being re- ability studies. Factors to be consid- quired due to equipment or mechanical ered in reviewing such requests include failure, the applicant must include in- the nature of the technology, the type formation regarding the reason for the of process (e.g., batch versus contin- failure or breakdown and also include uous), size of the unit undergoing test- what procedures or equipment im- ing (particularly in relation to scale-up provements have been made to protect considerations), the time/quantity of against further breakdowns; and material required to reach steady state (E) Such other information that the operating conditions, or test design Regional Administrator considers nec- considerations such as mass balance essary. calculations. (f) Samples Undergoing Treatability (ii) In response to requests for au- Studies at Laboratories and Testing Fa- thorization to ship, store and conduct cilities. Samples undergoing treat- treatability studies on additional quan- ability studies and the laboratory or tities after initiation or completion of testing facility conducting such treat- initial treatability studies, when: ability studies (to the extent such fa- There has been an equipment or me- cilities are not otherwise subject to chanical failure during the conduct of a RCRA requirements) are not subject to treatability study; there is a need to any requirement of this part, part 124, verify the results of a previously con- parts 262–266, 268, and 270, or to the no- ducted treatability study; there is a tification requirements of Section 3010 need to study and analyze alternative of RCRA provided that the conditions techniques within a previously evalu- of paragraphs (f) (1) through (11) of this ated treatment process; or there is a section are met. A mobile treatment need to do further evaluation of an on- unit (MTU) may qualify as a testing fa- going treatability study to determine cility subject to paragraphs (f) (1) final specifications for treatment. through (11) of this section. Where a (iii) The additional quantities and group of MTUs are located at the same timeframes allowed in paragraph (e)(3) site, the limitations specified in (f) (1) (i) and (ii) of this section are subject to through (11) of this section apply to the all the provisions in paragraphs (e) (1) entire group of MTUs collectively as if and (e)(2) (iii) through (vi) of this sec- the group were one MTU. tion. The generator or sample collector (1) No less than 45 days before con- must apply to the Regional Adminis- ducting treatability studies, the facil- trator in the Region where the sample ity notifies the Regional Adminis- is collected and provide in writing the trator, or State Director (if located in following information: an authorized State), in writing that it (A) The reason why the generator or intends to conduct treatability studies sample collector requires additional under this paragraph. time or quantity of sample for treat- (2) The laboratory or testing facility ability study evaluation and the addi- conducting the treatability study has tional time or quantity needed; an EPA identification number. (B) Documentation accounting for all (3) No more than a total of 10,000 kg samples of hazardous waste from the of ‘‘as received’’ media contaminated waste stream which have been sent for with non-acute hazardous waste, 2500 or undergone treatability studies in- kg of media contaminated with acute cluding the date each previous sample hazardous waste or 250 kg of other ‘‘as from the waste stream was shipped, the received’’ hazardous waste is subject to 46
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initiation of treatment in all treat- ceived’’ waste introduced to treatment ability studies in any single day. ‘‘As each day; received’’ waste refers to the waste as (vi) The date the treatability study received in the shipment from the gen- was concluded; erator or sample collector. (vii) The date any unused sample or (4) The quantity of ‘‘as received’’ haz- residues generated from the treat- ardous waste stored at the facility for ability study were returned to the gen- the purpose of evaluation in treat- erator or sample collector or, if sent to ability studies does not exceed 10,000 a designated facility, the name of the kg, the total of which can include facility and the EPA identification 10,000 kg of media contaminated with number. non-acute hazardous waste, 2500 kg of (8) The facility keeps, on-site, a copy media contaminated with acute haz- of the treatability study contract and ardous waste, 1000 kg of non-acute haz- all shipping papers associated with the ardous wastes other than contaminated transport of treatability study samples media, and 1 kg of acute hazardous to and from the facility for a period waste. This quantity limitation does ending 3 years from the completion not include treatment materials (in- date of each treatability study. cluding nonhazardous solid waste) (9) The facility prepares and submits added to ‘‘as received’’ hazardous waste. a report to the Regional Adminis- (5) No more than 90 days have elapsed trator, or State Director (if located in since the treatability study for the an authorized State), by March 15 of sample was completed, or no more than each year that estimates the number of one year (two years for treatability studies and the amount of waste ex- studies involving bioremediation) have pected to be used in treatability stud- elapsed since the generator or sample ies during the current year, and in- collector shipped the sample to the lab- cludes the following information for oratory or testing facility, whichever the previous calendar year: date first occurs. Up to 500 kg of treat- (i) The name, address, and EPA iden- ed material from a particular waste tification number of the facility con- stream from treatability studies may ducting the treatability studies; be archived for future evaluation up to (ii) The types (by process) of treat- five years from the date of initial re- ability studies conducted; ceipt. Quantities of materials archived (iii) The names and addresses of per- are counted against the total storage sons for whom studies have been con- limit for the facility. ducted (including their EPA identifica- tion numbers); (6) The treatability study does not (iv) The total quantity of waste in involve the placement of hazardous storage each day; waste on the land or open burning of (v) The quantity and types of waste hazardous waste. subjected to treatability studies; (7) The facility maintains records for (vi) When each treatability study was 3 years following completion of each conducted; study that show compliance with the (vii) The final disposition of residues treatment rate limits and the storage and unused sample from each treat- time and quantity limits. The fol- ability study. lowing specific information must be in- (10) The facility determines whether cluded for each treatability study con- any unused sample or residues gen- ducted: erated by the treatability study are (i) The name, address, and EPA iden- hazardous waste under § 261.3 and, if so, tification number of the generator or are subject to parts 261 through 268, sample collector of each waste sample; and part 270 of this chapter, unless the (ii) The date the shipment was re- residues and unused samples are re- ceived; turned to the sample originator under (iii) The quantity of waste accepted; the § 261.4(e) exemption. (iv) The quantity of ‘‘as received’’ (11) The facility notifies the Regional waste in storage each day; Administrator, or State Director (if lo- (v) The date the treatment study was cated in an authorized State), by letter initiated and the amount of ‘‘as re- when the facility is no longer planning 47
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to conduct any treatability studies at (c) When making the quantity deter- the site. minations of this part and 40 CFR part (g) Dredged material that is not a haz- 262, the generator must include all haz- ardous waste. Dredged material that is ardous waste that it generates, except subject to the requirements of a permit hazardous waste that: that has been issued under 404 of the (1) Is exempt from regulation under Federal Water Pollution Control Act 40 CFR 261.4(c) through (f), 261.6(a)(3), (33 U.S.C.1344) or section 103 of the Ma- 261.7(a)(1), or 261.8; or rine Protection, Research, and Sanc- (2) Is managed immediately upon tuaries Act of 1972 (33 U.S.C. 1413) is generation only in on-site elementary not a hazardous waste. For this para- neutralization units, wastewater treat- graph (g), the following definitions ment units, or totally enclosed treat- apply: ment facilities as defined in 40 CFR (1) The term dredged material has the 260.10; or same meaning as defined in 40 CFR (3) Is recycled, without prior storage 232.2; or accumulation, only in an on-site (2) The term permit means: process subject to regulation under 40 (i) A permit issued by the U.S. Army CFR 261.6(c)(2); or Corps of Engineers (Corps) or an ap- (4) Is used oil managed under the re- proved State under section 404 of the quirements of 40 CFR 261.6(a)(4) and 40 Federal Water Pollution Control Act CFR part 279; or (33 U.S.C. 1344); (5) Is spent lead-acid batteries man- (ii) A permit issued by the Corps aged under the requirements of 40 CFR under section 103 of the Marine Protec- part 266, subpart G; or tion, Research, and Sanctuaries Act of 1972 (33 U.S.C. 1413); or (6) Is universal waste managed under (iii) In the case of Corps civil works 40 CFR 261.9 and 40 CFR part 273. projects, the administrative equivalent (d) In determining the quantity of of the permits referred to in para- hazardous waste generated, a generator graphs (g)(2)(i) and (ii) of this section, need not include: as provided for in Corps regulations (1) Hazardous waste when it is re- (for example, see 33 CFR 336.1, 336.2, moved from on-site storage; or and 337.6). (2) Hazardous waste produced by on- site treatment (including reclamation) [45 FR 33119, May 19, 1980] of his hazardous waste, so long as the EDITORIAL NOTE: For FEDERAL REGISTER ci- hazardous waste that is treated was tations affecting § 261.4, see the List of CFR counted once; or Sections Affected in the Finding Aids sec- (3) Spent materials that are gen- tion of this volume. erated, reclaimed, and subsequently re- § 261.5 Special requirements for haz- used on-site, so long as such spent ma- ardous waste generated by condi- terials have been counted once. tionally exempt small quantity gen- (e) If a generator generates acute erators. hazardous waste in a calendar month (a) A generator is a conditionally ex- in quantities greater than set forth empt small quantity generator in a cal- below, all quantities of that acute haz- endar month if he generates no more ardous waste are subject to full regula- than 100 kilograms of hazardous waste tion under parts 262 through 266, 268, in that month. and parts 270 and 124 of this chapter, (b) Except for those wastes identified and the notification requirements of in paragraphs (e), (f), (g), and (j) of this section 3010 of RCRA: section, a conditionally exempt small (1) A total of one kilogram of acute quantity generator’s hazardous wastes hazardous wastes listed in §§ 261.31, are not subject to regulation under 261.32, or 261.33(e). parts 262 through 266, 268, and parts 270 (2) A total of 100 kilograms of any and 124 of this chapter, and the notifi- residue or contaminated soil, waste, or cation requirements of section 3010 of other debris resulting from the clean- RCRA, provided the generator complies up of a spill, into or on any land or with the requirements of paragraphs water, of any acute hazardous wastes (f), (g), and (j) of this section. listed in §§ 261.31, 261.32, or 261.33(e).
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[Comment: ‘‘Full regulation’’ means those (B) Treats its waste prior to bene- regulations applicable to generators of ficial use or reuse, or legitimate recy- greater than 1,000 kg of non-acutely haz- cling or reclamation; or ardous waste in a calendar month.] (vii) For universal waste managed (f) In order for acute hazardous under part 273 of this chapter, a uni- wastes generated by a generator of versal waste handler or destination fa- acute hazardous wastes in quantities cility subject to the requirements of equal to or less than those set forth in part 273 of this chapter. paragraph (e)(1) or (2) of this section to (g) In order for hazardous waste gen- be excluded from full regulation under erated by a conditionally exempt small this section, the generator must com- quantity generator in quantities of less ply with the following requirements: than 100 kilograms of hazardous waste (1) Section 262.11 of this chapter; during a calendar month to be excluded (2) The generator may accumulate from full regulation under this section, acute hazardous waste on-site. If he ac- the generator must comply with the cumulates at any time acute hazardous following requirements: wastes in quantities greater than those (1) Section 262.11 of this chapter; set forth in paragraph (e)(1) or (e)(2) of (2) The conditionally exempt small this section, all of those accumulated quantity generator may accumulate wastes are subject to regulation under hazardous waste on-site. If he accumu- parts 262 through 266, 268, and parts 270 lates at any time more than a total of and 124 of this chapter, and the applica- 1000 kilograms of his hazardous wastes, ble notification requirements of sec- all of those accumulated wastes are tion 3010 of RCRA. The time period of subject to regulation under the special § 262.34(a) of this chapter, for accumula- provisions of part 262 applicable to gen- tion of wastes on-site, begins when the erators of between 100 kg and 1000 kg of accumulated wastes exceed the appli- hazardous waste in a calendar month cable exclusion limit; as well as the requirements of parts 263 (3) A conditionally exempt small through 266, 268, and parts 270 and 124 quantity generator may either treat or of this chapter, and the applicable noti- dispose of his acute hazardous waste in fication requirements of section 3010 of an on-site facility or ensure delivery to RCRA. The time period of § 262.34(d) for an off-site treatment, storage, or dis- accumulation of wastes on-site begins posal facility, either of which, if lo- for a conditionally exempt small quan- cated in the U.S., is: tity generator when the accumulated (i) Permitted under part 270 of this wastes exceed 1000 kilograms; chapter; (3) A conditionally exempt small (ii) In interim status under parts 270 quantity generator may either treat or and 265 of this chapter; dispose of his hazardous waste in an (iii) Authorized to manage hazardous on-site facility or ensure delivery to an waste by a State with a hazardous off-site treatment, storage or disposal waste management program approved facility, either of which, if located in under part 271 of this chapter; the U.S., is: (iv) Permitted, licensed, or registered (i) Permitted under part 270 of this by a State to manage municipal solid chapter; waste and, if managed in a municipal (ii) In interim status under parts 270 solid waste landfill is subject to Part and 265 of this chapter; 258 of this chapter; (iii) Authorized to manage hazardous (v) Permitted, licensed, or registered waste by a State with a hazardous by a State to manage non-municipal waste management program approved non-hazardous waste and, if managed under part 271 of this chapter; in a non-municipal non-hazardous (iv) Permitted, licensed, or registered waste disposal unit after January 1, by a State to manage municipal solid 1998, is subject to the requirements in waste and, if managed in a municipal §§ 257.5 through 257.30 of this chapter; or solid waste landfill is subject to Part (vi) A facility which: 258 of this chapter; (A) Beneficially uses or reuses, or le- (v) Permitted, licensed, or registered gitimately recycles or reclaims its by a State to manage non-municipal waste; or non-hazardous waste and, if managed
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in a non-municipal non-hazardous (2) The following recyclable mate- waste disposal unit after January 1, rials are not subject to the require- 1998, is subject to the requirements in ments of this section but are regulated §§ 257.5 through 257.30 of this chapter; or under subparts C through H of part 266 (vi) A facility which: of this chapter and all applicable provi- (A) Beneficially uses or reuses, or le- sions in parts 270 and 124 of this chap- gitimately recycles or reclaims its ter: waste; or (i) Recyclable materials used in a (B) Treats its waste prior to bene- manner constituting disposal (subpart ficial use or reuse, or legitimate recy- C); cling or reclamation; or (ii) Hazardous wastes burned for en- (vii) For universal waste managed ergy recovery in boilers and industrial furnaces that are not regulated under under part 273 of this chapter, a uni- subpart O of part 264 or 265 of this versal waste handler or destination fa- chapter (subpart H); cility subject to the requirements of (iii) Recyclable materials from which part 273 of this chapter. precious metals are reclaimed (subpart (h) Hazardous waste subject to the F); reduced requirements of this section (iv) Spent lead-acid batteries that may be mixed with non-hazardous are being reclaimed (subpart G). waste and remain subject to these re- (3) The following recyclable mate- duced requirements even though the rials are not subject to regulation resultant mixture exceeds the quantity under parts 262 through parts 266 or limitations identified in this section, parts 268, 270 or 124 of this chapter, and unless the mixture meets any of the are not subject to the notification re- characteristics of hazardous waste quirements of section 3010 of RCRA: identified in subpart C. (i) Industrial ethyl alcohol that is re- (i) If any person mixes a solid waste claimed except that, unless provided with a hazardous waste that exceeds a otherwise in an international agree- quantity exclusion level of this section, ment as specified in § 262.58: the mixture is subject to full regula- (A) A person initiating a shipment tion. for reclamation in a foreign country, (j) If a conditionally exempt small and any intermediary arranging for the quantity generator’s wastes are mixed shipment, must comply with the re- with used oil, the mixture is subject to quirements applicable to a primary ex- part 279 of this chapter if it is destined porter in §§ 262.53, 262.56 (a)(1)–(4), (6), to be burned for energy recovery. Any and (b), and 262.57, export such mate- material produced from such a mixture rials only upon consent of the receiving by processing, blending, or other treat- country and in conformance with the ment is also so regulated if it is des- EPA Acknowledgment of Consent as tined to be burned for energy recovery. defined in subpart E of part 262, and [51 FR 10174, Mar. 24, 1986, as amended at 51 provide a copy of the EPA Acknowledg- FR 28682, Aug. 8, 1986; 51 FR 40637, Nov. 7, ment of Consent to the shipment to the 1986; 53 FR 27163, July 19, 1988; 58 FR 26424, transporter transporting the shipment May 3, 1993; 60 FR 25541, May 11, 1995; 61 FR for export; 34278, July 1, 1996; 63 FR 24968, May 6, 1998; 63 (B) Transporters transporting a ship- FR 37782, July 14, 1998] ment for export may not accept a ship- ment if he knows the shipment does § 261.6 Requirements for recyclable not conform to the EPA Acknowledg- materials. ment of Consent, must ensure that a (a)(1) Hazardous wastes that are recy- copy of the EPA Acknowledgment of cled are subject to the requirements for Consent accompanies the shipment and generators, transporters, and storage must ensure that it is delivered to the facilities of paragraphs (b) and (c) of facility designated by the person initi- this section, except for the materials ating the shipment. listed in paragraphs (a)(2) and (a)(3) of (ii) Scrap metal that is not excluded this section. Hazardous wastes that are under § 261.4(a)(13); recycled will be known as ‘‘recyclable (iii) Fuels produced from the refining materials.’’ of oil-bearing hazardous waste along 50
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with normal process streams at a pe- Economic Cooperation and Develop- troleum refining facility if such wastes ment (OECD) (as defined in result from normal petroleum refining, § 262.58(a)(1)) for purpose of recovery is production, and transportation prac- subject to the requirements of 40 CFR tices (this exemption does not apply to part 262, subpart H, if it is subject to fuels produced from oil recovered from either the Federal manifesting require- oil-bearing hazardous waste, where ments of 40 CFR Part 262, to the uni- such recovered oil is already excluded versal waste management standards of under § 261.4(a)(12); 40 CFR Part 273, or to State require- (iv)(A) Hazardous waste fuel produced ments analogous to 40 CFR Part 273. from oil-bearing hazardous wastes from (b) Generators and transporters of re- petroleum refining, production, or cyclable materials are subject to the transportation practices, or produced applicable requirements of parts 262 from oil reclaimed from such haz- and 263 of this chapter and the notifica- ardous wastes, where such hazardous tion requirements under section 3010 of wastes are reintroduced into a process RCRA, except as provided in paragraph that does not use distillation or does (a) of this section. not produce products from crude oil so (c)(1) Owners and operators of facili- long as the resulting fuel meets the ties that store recyclable materials be- used oil specification under § 279.11 of fore they are recycled are regulated this chapter and so long as no other hazardous wastes are used to produce under all applicable provisions of sub- the hazardous waste fuel; parts A though L, AA, BB, and CC of (B) Hazardous waste fuel produced parts 264 and 265, and under parts 124, from oil-bearing hazardous waste from 266, 268, and 270 of this chapter and the petroleum refining production, and notification requirements under sec- transportation practices, where such tion 3010 of RCRA, except as provided hazardous wastes are reintroduced into in paragraph (a) of this section. (The a refining process after a point at recycling process itself is exempt from which contaminants are removed, so regulation except as provided in long as the fuel meets the used oil fuel § 261.6(d).) specification under § 279.11 of this chap- (2) Owners or operators of facilities ter; and that recycle recyclable materials with- (C) Oil reclaimed from oil-bearing out storing them before they are hazardous wastes from petroleum refin- rcycled are subject to the following re- ing, production, and transportation quirements, except as provided in para- practices, which reclaimed oil is graph (a) of this section: burned as a fuel without reintroduction (i) Notification requirements under to a refining process, so long as the re- section 3010 of RCRA; claimed oil meets the used oil fuel (ii) Sections 265.71 and 265.72 (dealing specification under § 279.11 of this chap- with the use of the manifest and mani- ter. fest discrepancies) of this chapter. (4) Used oil that is recycled and is (iii) Section 261.6(d) of this chapter. also a hazardous waste solely because (d) Owners or operators of facilities it exhibits a hazardous characteristic subject to RCRA permitting require- is not subject to the requirements of ments with hazardous waste manage- parts 260 through 268 of this chapter, ment units that recycle hazardous but is regulated under part 279 of this wastes are subject to the requirements chapter. Used oil that is recycled in- of subparts AA and BB of part 264 or 265 cludes any used oil which is reused, fol- of this chapter. lowing its original use, for any purpose (including the purpose for which the oil [50 FR 49203, Nov. 29, 1985, as amended at 51 was originally used). Such term in- FR 28682, Aug. 8, 1986; 51 FR 40637, Nov. 7, cludes, but is not limited to, oil which 1986; 52 FR 11821, Apr. 13, 1987; 55 FR 25493, June 21, 1990; 56 FR 7207, Feb. 21, 1991; 56 FR is re-refined, reclaimed, burned for en- 32692, July 17, 1991; 57 FR 41612, Sept. 10, 1992; ergy recovery, or reprocessed. 59 FR 38545, July 28, 1994; 60 FR 25541, May 11, (5) Hazardous waste that is exported 1995; 61 FR 16309, Apr. 12, 1996; 61 FR 59950, to or imported from designated mem- Nov. 25, 1996; 62 FR 26019, May 12, 1997; 63 FR ber countries of the Organization for 24968, May 6, 1998; 63 FR 42185, Aug. 6, 1998]
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§ 261.7 Residues of hazardous waste in ical product or manufacturing chem- empty containers. ical intermediate; (a)(1) Any hazardous waste remaining (ii) The container or inner liner has in either (i) an empty container or (ii) been cleaned by another method that an inner liner removed from an empty has been shown in the scientific lit- container, as defined in paragraph (b) erature, or by tests conducted by the of this section, is not subject to regula- generator, to achieve equivalent re- tion under parts 261 through 265, or moval; or part 268, 270 or 124 of this chapter or to (iii) In the case of a container, the the notification requirements of sec- inner liner that prevented contact of tion 3010 of RCRA. the commercial chemical product or (2) Any hazardous waste in either (i) manufacturing chemical intermediate a container that is not empty or (ii) an with the container, has been removed. inner liner removed from a container [45 FR 78529, Nov. 25, 1980, as amended at 47 that is not empty, as defined in para- FR 36097, Aug. 18, 1982; 48 FR 14294, Apr. 1, graph (b) of this section, is subject to 1983; 50 FR 1999, Jan. 14, 1985; 51 FR 40637, regulation under parts 261 through 265, Nov. 7, 1986] and parts 268, 270 and 124 of this chap- ter and to the notification require- § 261.8 PCB wastes regulated under ments of section 3010 of RCRA. Toxic Substance Control Act. (b)(1) A container or an inner liner The disposal of PCB-containing di- removed from a container that has held electric fluid and electric equipment any hazardous waste, except a waste containing such fluid authorized for that is a compressed gas or that is use and regulated under part 761 of this identified as an acute hazardous waste chapter and that are hazardous only listed in §§ 261.31, 261.32, or 261.33(e) of because they fail the test for the Tox- this chapter is empty if: icity Characteristic (Hazardous Waste (i) All wastes have been removed that Codes D018 through D043 only) are ex- can be removed using the practices empt from regulation under parts 261 commonly employed to remove mate- rials from that type of container, e.g., through 265, and parts 268, 270, and 124 pouring, pumping, and aspirating, and of this chapter, and the notification re- quirements of section 3010 of RCRA. (ii) No more than 2.5 centimeters (one inch) of residue remain on the bot- [55 FR 11862, Mar. 29, 1990] tom of the container or inner liner, or (iii)(A) No more than 3 percent by § 261.9 Requirements for Universal weight of the total capacity of the con- Waste. tainer remains in the container or The wastes listed in this section are inner liner if the container is less than exempt from regulation under parts 262 or equal to 110 gallons in size, or through 270 of this chapter except as (B) No more than 0.3 percent by specified in part 273 of this chapter weight of the total capacity of the con- and, therefore are not fully regulated tainer remains in the container or as hazardous waste. The wastes listed inner liner if the container is greater in this section are subject to regula- than 110 gallons in size. tion under 40 CFR part 273: (2) A container that has held a haz- (a) Batteries as described in 40 CFR ardous waste that is a compressed gas 273.2; is empty when the pressure in the con- (b) Pesticides as described in § 273.3 of tainer approaches atmospheric. this chapter; (3) A container or an inner liner re- (c) Thermostats as described in § 273.4 moved from a container that has held of this chapter; and an acute hazardous waste listed in §§ 261.31, 261.32, or 261.33(e) is empty if: (d) Lamps as described in § 273.5 of this chapter. (i) The container or inner liner has been triple rinsed using a solvent capa- [60 FR 25541, May 11, 1995, as amended at 64 ble of removing the commercial chem- FR 36487, July 6, 1999]
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Subpart B—Criteria for Identifying (3) It contains any of the toxic con- the Characteristics of Haz- stituents listed in appendix VIII and, ardous Waste and for Listing after considering the following factors, the Administrator concludes that the Hazardous Waste waste is capable of posing a substantial § 261.10 Criteria for identifying the present or potential hazard to human characteristics of hazardous waste. health or the environment when im- properly treated, stored, transported or (a) The Administrator shall identify disposed of, or otherwise managed: and define a characteristic of haz- (i) The nature of the toxicity pre- ardous waste in subpart C only upon sented by the constituent. determining that: (ii) The concentration of the con- (1) A solid waste that exhibits the stituent in the waste. characteristic may: (iii) The potential of the constituent (i) Cause, or significantly contribute to, an increase in mortality or an in- or any toxic degradation product of the crease in serious irreversible, or inca- constituent to migrate from the waste pacitating reversible, illness; or into the environment under the types (ii) Pose a substantial present or po- of improper management considered in tential hazard to human health or the paragraph (a)(3)(vii) of this section. environment when it is improperly (iv) The persistence of the con- treated, stored, transported, disposed stituent or any toxic degradation prod- of or otherwise managed; and uct of the constituent. (2) The characteristic can be: (v) The potential for the constituent (i) Measured by an available stand- or any toxic degradation product of the ardized test method which is reason- constituent to degrade into non-harm- ably within the capability of genera- ful constituents and the rate of deg- tors of solid waste or private sector radation. laboratories that are available to serve (vi) The degree to which the con- generators of solid waste; or stituent or any degradation product of (ii) Reasonably detected by genera- the constituent bioaccumulates in eco- tors of solid waste through their systems. knowledge of their waste. (vii) The plausible types of improper (b) [Reserved]. management to which the waste could be subjected. § 261.11 Criteria for listing hazardous (viii) The quantities of the waste gen- waste. erated at individual generation sites or (a) The Administrator shall list a on a regional or national basis. solid waste as a hazardous waste only (ix) The nature and severity of the upon determining that the solid waste human health and environmental dam- meets one of the following criteria: age that has occurred as a result of the (1) It exhibits any of the characteris- improper management of wastes con- tics of hazardous waste identified in taining the constituent. subpart C. (x) Action taken by other govern- (2) It has been found to be fatal to mental agencies or regulatory pro- humans in low doses or, in the absence grams based on the health or environ- of data on human toxicity, it has been mental hazard posed by the waste or shown in studies to have an oral LD 50 waste constituent. toxicity (rat) of less than 50 milligrams (xi) Such other factors as may be ap- per kilogram, an inhalation LC 50 tox- propriate. icity (rat) of less than 2 milligrams per Substances will be listed on appendix liter, or a dermal LD 50 toxicity (rab- VIII only if they have been shown in bit) of less than 200 milligrams per scientific studies to have toxic, car- kilogram or is otherwise capable of cinogenic, mutagenic or teratogenic ef- causing or significantly contributing fects on humans or other life forms. to an increase in serious irreversible, (Wastes listed in accordance with or incapacitating reversible, illness. these criteria will be designated Toxic (Waste listed in accordance with these wastes.) criteria will be designated Acute Haz- (b) The Administrator may list class- ardous Waste.) es or types of solid waste as hazardous
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waste if he has reason to believe that ative sample of the waste has any of individual wastes, within the class or the following properties: type of waste, typically or frequently (1) It is a liquid, other than an aque- are hazardous under the definition of ous solution containing less than 24 hazardous waste found in section percent alcohol by volume and has 1004(5) of the Act. flash point less than 60 °C (140 °F), as (c) The Administrator will use the determined by a Pensky-Martens criteria for listing specified in this sec- Closed Cup Tester, using the test meth- tion to establish the exclusion limits od specified in ASTM Standard D–93–79 referred to in § 261.5(c). or D–93–80 (incorporated by reference, see § 260.11), or a Setaflash Closed Cup [45 FR 33119, May 19, 1980, as amended at 55 Tester, using the test method specified FR 18726, May 4, 1990; 57 FR 14, Jan. 2, 1992] in ASTM Standard D–3278–78 (incor- porated by reference, see § 260.11), or as Subpart C—Characteristics of determined by an equivalent test meth- Hazardous Waste od approved by the Administrator under procedures set forth in §§ 260.20 § 261.20 General. and 260.21. (a) A solid waste, as defined in § 261.2, (2) It is not a liquid and is capable, which is not excluded from regulation under standard temperature and pres- as a hazardous waste under § 261.4(b), is sure, of causing fire through friction, a hazardous waste if it exhibits any of absorption of moisture or spontaneous the characteristics identified in this chemical changes and, when ignited, subpart. burns so vigorously and persistently [Comment: § 262.11 of this chapter sets forth that it creates a hazard. the generator’s responsibility to determine (3) It is an ignitable compressed gas whether his waste exhibits one or more of as defined in 49 CFR 173.300 and as de- the characteristics identified in this subpart] termined by the test methods described (b) A hazardous waste which is iden- in that regulation or equivalent test tified by a characteristic in this sub- methods approved by the Adminis- part is assigned every EPA Hazardous trator under §§ 260.20 and 260.21. Waste Number that is applicable as set (4) It is an oxidizer as defined in 49 forth in this subpart. This number CFR 173.151. must be used in complying with the no- (b) A solid waste that exhibits the tification requirements of section 3010 characteristic of ignitability has the of the Act and all applicable record- EPA Hazardous Waste Number of D001. keeping and reporting requirements under parts 262 through 265, 268, and 270 [45 FR 33119, May 19, 1980, as amended at 46 of this chapter. FR 35247, July 7, 1981; 55 FR 22684, June 1, 1990] (c) For purposes of this subpart, the Administrator will consider a sample § 261.22 Characteristic of corrosivity. obtained using any of the applicable sampling methods specified in appendix (a) A solid waste exhibits the char- I to be a representative sample within acteristic of corrosivity if a represent- the meaning of part 260 of this chapter. ative sample of the waste has either of [Comment: Since the appendix I sampling the following properties: methods are not being formally adopted by (1) It is aqueous and has a pH less the Administrator, a person who desires to than or equal to 2 or greater than or employ an alternative sampling method is equal to 12.5, as determined by a pH not required to demonstrate the equivalency meter using Method 9040 in ‘‘Test Meth- of his method under the procedures set forth ods for Evaluating Solid Waste, Phys- in §§ 260.20 and 260.21.] ical/Chemical Methods,’’ EPA Publica- [45 FR 33119, May 19, 1980, as amended at 51 tion SW–846, as incorporated by ref- FR 40636, Nov. 7, 1986; 55 FR 22684, June 1, erence in § 260.11 of this chapter. 1990; 56 FR 3876, Jan. 31, 1991] (2) It is a liquid and corrodes steel (SAE 1020) at a rate greater than 6.35 § 261.21 Characteristic of ignitability. mm (0.250 inch) per year at a test tem- (a) A solid waste exhibits the char- perature of 55 °C (130 °F) as determined acteristic of ignitability if a represent- by the test method specified in NACE
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(National Association of Corrosion En- Chemical Methods,’’ EPA Publication gineers) Standard TM–01–69 as stand- SW–846, as incorporated by reference in ardized in ‘‘Test Methods for Evalu- § 260.11 of this chapter, the extract from ating Solid Waste, Physical/Chemical a representative sample of the waste Methods,’’ EPA Publication SW–846, as contains any of the contaminants list- incorporated by reference in § 260.11 of ed in table 1 at the concentration equal this chapter. to or greater than the respective value (b) A solid waste that exhibits the given in that table. Where the waste characteristic of corrosivity has the contains less than 0.5 percent filterable EPA Hazardous Waste Number of D002. solids, the waste itself, after filtering [45 FR 33119, May 19, 1980, as amended at 46 using the methodology outlined in FR 35247, July 7, 1981; 55 FR 22684, June 1, Method 1311, is considered to be the ex- 1990; 58 FR 46049, Aug. 31, 1993] tract for the purpose of this section. (b) A solid waste that exhibits the § 261.23 Characteristic of reactivity. characteristic of toxicity has the EPA (a) A solid waste exhibits the char- Hazardous Waste Number specified in acteristic of reactivity if a representa- Table I which corresponds to the toxic tive sample of the waste has any of the contaminant causing it to be haz- following properties: ardous. (1) It is normally unstable and read- TABLE 1ÐMAXIMUM CONCENTRATION OF CONTAMINANTS FOR ily undergoes violent change without THE TOXICITY CHARACTERISTIC detonating. Regu- EPA HW latory (2) It reacts violently with water. Contaminant CAS No. 2 No. 1 Level (3) It forms potentially explosive (mg/L) mixtures with water. (4) When mixed with water, it gen- D004 Arsenic ...... 7440±38±2 5.0 erates toxic gases, vapors or fumes in a D005 Barium ...... 7440±39±3 100.0 D018 Benzene ...... 71±43±2 0.5 quantity sufficient to present a danger D006 Cadmium ...... 7440±43±9 1.0 to human health or the environment. D019 Carbon tetrachloride ..... 56±23±5 0.5 (5) It is a cyanide or sulfide bearing D020 Chlordane ...... 57±74±9 0.03 waste which, when exposed to pH con- D021 Chlorobenzene ...... 108±90±7 100.0 D022 Chloroform ...... 67±66±3 6.0 ditions between 2 and 12.5, can generate D007 Chromium ...... 7440±47±3 5.0 toxic gases, vapors or fumes in a quan- D023 o-Cresol ...... 95±48±7 4 200.0 tity sufficient to present a danger to D024 m-Cresol ...... 108±39±4 4 200.0 human health or the environment. D025 p-Cresol ...... 106±44±5 4 200.0 D026 Cresol ...... 4 200.0 (6) It is capable of detonation or ex- D016 2,4-D ...... 94±75±7 10.0 plosive reaction if it is subjected to a D027 1,4-Dichlorobenzene ..... 106±46±7 7.5 strong initiating source or if heated D028 1,2-Dichloroethane ...... 107±06±2 0.5 under confinement. D029 1,1-Dichloroethylene ..... 75±35±4 0.7 D030 2,4-Dinitrotoluene ...... 121±14±2 3 0.13 (7) It is readily capable of detonation D012 Endrin ...... 72±20±8 0.02 or explosive decomposition or reaction D031 Heptachlor (and its ep- 76±44±8 0.008 at standard temperature and pressure. oxide). D032 Hexachlorobenzene ...... 118±74±1 3 0.13 (8) It is a forbidden explosive as de- D033 Hexachlorobutadiene .... 87±68±3 0.5 fined in 49 CFR 173.51, or a Class A ex- D034 Hexachloroethane ...... 67±72±1 3.0 plosive as defined in 49 CFR 173.53 or a D008 Lead ...... 7439±92±1 5.0 Class B explosive as defined in 49 CFR D013 Lindane ...... 58±89±9 0.4 D009 Mercury ...... 7439±97±6 0.2 173.88. D014 Methoxychlor ...... 72±43±5 10.0 (b) A solid waste that exhibits the D035 Methyl ethyl ketone ...... 78±93±3 200.0 characteristic of reactivity has the D036 Nitrobenzene ...... 98±95±3 2.0 EPA Hazardous Waste Number of D003. D037 Pentrachlorophenol ...... 87±86±5 100.0 D038 Pyridine ...... 110±86±1 3 5.0 [45 FR 33119, May 19, 1980, as amended at 55 D010 Selenium ...... 7782±49±2 1.0 FR 22684, June 1, 1990] D011 Silver ...... 7440±22±4 5.0 D039 Tetrachloroethylene ...... 127±18±4 0.7 D015 Toxaphene ...... 8001±35±2 0.5 § 261.24 Toxicity characteristic. D040 Trichloroethylene ...... 79±01±6 0.5 (a) A solid waste exhibits the char- D041 2,4,5-Trichlorophenol .... 95±95±4 400.0 D042 2,4,6-Trichlorophenol .... 88±06±2 2.0 acteristic of toxicity if, using the Tox- D017 2,4,5-TP (Silvex) ...... 93±72±1 1.0 icity Characteristic Leaching Proce- D043 Vinyl chloride ...... 75±01±4 0.2 dure, test Method 1311 in ‘‘Test Methods 1 Hazardous waste number. for Evaluating Solid Waste, Physical/ 2 Chemical abstracts service number.
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3 Quantitation limit is greater than the calculated regulatory level. The quantitation limit therefore becomes the regulatory Toxic Waste ...... (T) level. 4 If o-, m-, and p-Cresol concentrations cannot be differen- Appendix VII identifies the constituent tiated, the total cresol (D026) concentration is used. The regu- latory level of total cresol is 200 mg/l. which caused the Administrator to list the waste as a Toxicity Characteristic [55 FR 11862, Mar. 29, 1990, as amended at 55 Waste (E) or Toxic Waste (T) in §§ 261.31 FR 22684, June 1, 1990; 55 FR 26987, June 29, and 261.32. 1990; 58 FR 46049, Aug. 31, 1993] (c) Each hazardous waste listed in this subpart is assigned an EPA Haz- Subpart D—Lists of Hazardous ardous Waste Number which precedes Wastes the name of the waste. This number must be used in complying with the no- § 261.30 General. tification requirements of Section 3010 (a) A solid waste is a hazardous waste of the Act and certain recordkeeping if it is listed in this subpart, unless it and reporting requirements under parts has been excluded from this list under 262 through 265, 268, and part 270 of this §§ 260.20 and 260.22. chapter. (b) The Administrator will indicate (d) The following hazardous wastes his basis for listing the classes or types listed in § 261.31 or § 261.32 are subject to of wastes listed in this subpart by em- the exclusion limits for acutely haz- ploying one or more of the following ardous wastes established in § 261.5: Hazard Codes: EPA Hazardous Wastes Nos. FO20, Ignitable Waste ...... (I) FO21, FO22, FO23, FO26, and FO27. Corrosive Waste ...... (C) [45 FR 33119, May 19, 1980, as amended at 48 Reactive Waste ...... (R) FR 14294, Apr. 1, 1983; 50 FR 2000, Jan. 14, Toxicity Characteristic Waste ... (E) 1985; 51 FR 40636, Nov. 7, 1986; 55 FR 11863, Acute Hazardous Waste ...... (H) Mar. 29, 1990]
§ 261.31 Hazardous wastes from non-specific sources. (a) The following solid wastes are listed hazardous wastes from non-specific sources unless they are excluded under §§ 260.20 and 260.22 and listed in appendix IX.
Industry and EPA hazardous Hazard waste No. Hazardous waste code
Generic: F001 ...... The following spent halogenated solvents used in degreasing: Tetrachloroethylene, (T) trichloroethylene, methylene chloride, 1,1,1-trichloroethane, carbon tetrachloride, and chlorinated fluorocarbons; all spent solvent mixtures/blends used in degreasing containing, before use, a total of ten percent or more (by volume) of one or more of the above halogenated solvents or those solvents listed in F002, F004, and F005; and still bottoms from the recovery of these spent solvents and spent sol- vent mixtures. F002 ...... The following spent halogenated solvents: Tetrachloroethylene, methylene chloride, (T) trichloroethylene, 1,1,1-trichloroethane, chlorobenzene, 1,1,2-trichloro-1,2,2- trifluoroethane, ortho-dichlorobenzene, trichlorofluoromethane, and 1,1,2-trichloro- ethane; all spent solvent mixtures/blends containing, before use, a total of ten per- cent or more (by volume) of one or more of the above halogenated solvents or those listed in F001, F004, or F005; and still bottoms from the recovery of these spent solvents and spent solvent mixtures. F003 ...... The following spent non-halogenated solvents: Xylene, acetone, ethyl acetate, ethyl (I)* benzene, ethyl ether, methyl isobutyl ketone, n-butyl alcohol, cyclohexanone, and methanol; all spent solvent mixtures/blends containing, before use, only the above spent non-halogenated solvents; and all spent solvent mixtures/blends containing, before use, one or more of the above non-halogenated solvents, and, a total of ten percent or more (by volume) of one or more of those solvents listed in F001, F002, F004, and F005; and still bottoms from the recovery of these spent solvents and spent solvent mixtures. F004 ...... The following spent non-halogenated solvents: Cresols and cresylic acid, and (T) nitrobenzene; all spent solvent mixtures/blends containing, before use, a total of ten percent or more (by volume) of one or more of the above non-halogenated sol- vents or those solvents listed in F001, F002, and F005; and still bottoms from the recovery of these spent solvents and spent solvent mixtures.
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Industry and EPA hazardous Hazard waste No. Hazardous waste code
F005 ...... The following spent non-halogenated solvents: Toluene, methyl ethyl ketone, carbon (I,T) disulfide, isobutanol, pyridine, benzene, 2-ethoxyethanol, and 2-nitropropane; all spent solvent mixtures/blends containing, before use, a total of ten percent or more (by volume) of one or more of the above non-halogenated solvents or those sol- vents listed in F001, F002, or F004; and still bottoms from the recovery of these spent solvents and spent solvent mixtures. F006 ...... Wastewater treatment sludges from electroplating operations except from the fol- (T) lowing processes: (1) Sulfuric acid anodizing of aluminum; (2) tin plating on carbon steel; (3) zinc plating (segregated basis) on carbon steel; (4) aluminum or zinc-alu- minum plating on carbon steel; (5) cleaning/stripping associated with tin, zinc and aluminum plating on carbon steel; and (6) chemical etching and milling of alu- minum. F007 ...... Spent cyanide plating bath solutions from electroplating operations ...... (R, T) F008 ...... Plating bath residues from the bottom of plating baths from electroplating operations (R, T) where cyanides are used in the process. F009 ...... Spent stripping and cleaning bath solutions from electroplating operations where (R, T) cyanides are used in the process. F010 ...... Quenching bath residues from oil baths from metal heat treating operations where (R, T) cyanides are used in the process. F011 ...... Spent cyanide solutions from salt bath pot cleaning from metal heat treating oper- (R, T) ations. F012 ...... Quenching waste water treatment sludges from metal heat treating operations where (T) cyanides are used in the process. F019 ...... Wastewater treatment sludges from the chemical conversion coating of aluminum ex- (T) cept from zirconium phosphating in aluminum can washing when such phosphating is an exclusive conversion coating process. F020 ...... Wastes (except wastewater and spent carbon from hydrogen chloride purification) (H) from the production or manufacturing use (as a reactant, chemical intermediate, or component in a formulating process) of tri- or tetrachlorophenol, or of intermediates used to produce their pesticide derivatives. (This listing does not include wastes from the production of Hexachlorophene from highly purified 2,4,5-trichlorophenol.). F021 ...... Wastes (except wastewater and spent carbon from hydrogen chloride purification) (H) from the production or manufacturing use (as a reactant, chemical intermediate, or component in a formulating process) of pentachlorophenol, or of intermediates used to produce its derivatives. F022 ...... Wastes (except wastewater and spent carbon from hydrogen chloride purification) (H) from the manufacturing use (as a reactant, chemical intermediate, or component in a formulating process) of tetra-, penta-, or hexachlorobenzenes under alkaline con- ditions. F023 ...... Wastes (except wastewater and spent carbon from hydrogen chloride purification) (H) from the production of materials on equipment previously used for the production or manufacturing use (as a reactant, chemical intermediate, or component in a for- mulating process) of tri- and tetrachlorophenols. (This listing does not include wastes from equipment used only for the production or use of Hexachlorophene from highly purified 2,4,5-trichlorophenol.). F024 ...... Process wastes, including but not limited to, distillation residues, heavy ends, tars, (T) and reactor clean-out wastes, from the production of certain chlorinated aliphatic hydrocarbons by free radical catalyzed processes. These chlorinated aliphatic hy- drocarbons are those having carbon chain lengths ranging from one to and includ- ing five, with varying amounts and positions of chlorine substitution. (This listing does not include wastewaters, wastewater treatment sludges, spent catalysts, and wastes listed in § 261.31 or § 261.32.). F025 ...... Condensed light ends, spent filters and filter aids, and spent desiccant wastes from (T) the production of certain chlorinated aliphatic hydrocarbons, by free radical cata- lyzed processes. These chlorinated aliphatic hydrocarbons are those having car- bon chain lengths ranging from one to and including five, with varying amounts and positions of chlorine substitution. F026 ...... Wastes (except wastewater and spent carbon from hydrogen chloride purification) (H) from the production of materials on equipment previously used for the manufac- turing use (as a reactant, chemical intermediate, or component in a formulating process) of tetra-, penta-, or hexachlorobenzene under alkaline conditions. F027 ...... Discarded unused formulations containing tri-, tetra-, or pentachlorophenol or dis- (H) carded unused formulations containing compounds derived from these chlorophenols. (This listing does not include formulations containing Hexachlorophene sythesized from prepurified 2,4,5-trichlorophenol as the sole component.). F028 ...... Residues resulting from the incineration or thermal treatment of soil contaminated (T) with EPA Hazardous Waste Nos. F020, F021, F022, F023, F026, and F027.
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Industry and EPA hazardous Hazard waste No. Hazardous waste code
F032 ...... Wastewaters (except those that have not come into contact with process contami- (T) nants), process residuals, preservative drippage, and spent formulations from wood preserving processes generated at plants that currently use or have previously used chlorophenolic formulations (except potentially cross-contaminated wastes that have had the F032 waste code deleted in accordance with § 261.35 of this chapter or potentially cross-contaminated wastes that are otherwise currently regu- lated as hazardous wastes (i.e., F034 or F035), and where the generator does not resume or initiate use of chlorophenolic formulations). This listing does not include K001 bottom sediment sludge from the treatment of wastewater from wood pre- serving processes that use creosote and/or pentachlorophenol. F034 ...... Wastewaters (except those that have not come into contact with process contami- (T) nants), process residuals, preservative drippage, and spent formulations from wood preserving processes generated at plants that use creosote formulations. This list- ing does not include K001 bottom sediment sludge from the treatment of waste- water from wood preserving processes that use creosote and/or pentachlorophenol. F035 ...... Wastewaters (except those that have not come into contact with process contami- (T) nants), process residuals, preservative drippage, and spent formulations from wood preserving processes generated at plants that use inorganic preservatives con- taining arsenic or chromium. This listing does not include K001 bottom sediment sludge from the treatment of wastewater from wood preserving processes that use creosote and/or pentachlorophenol. F037 ...... Petroleum refinery primary oil/water/solids separation sludgeÐAny sludge generated (T) from the gravitational separation of oil/water/solids during the storage or treatment of process wastewaters and oil cooling wastewaters from petroleum refineries. Such sludges include, but are not limited to, those generated in oil/water/solids separators; tanks and impoundments; ditches and other conveyances; sumps; and stormwater units receiving dry weather flow. Sludge generated in stormwater units that do not receive dry weather flow, sludges generated from non-contact once- through cooling waters segregated for treatment from other process or oily cooling waters, sludges generated in aggressive biological treatment units as defined in § 261.31(b)(2) (including sludges generated in one or more additional units after wastewaters have been treated in aggressive biological treatment units) and K051 wastes are not included in this listing. This listing does include residuals generated from processing or recycling oil-bearing hazardous secondary materials excluded under § 261.4(a)(12)(i), if those residuals are to be disposed of.. F038 ...... Petroleum refinery secondary (emulsified) oil/water/solids separation sludgeÐAny (T) sludge and/or float generated from the physical and/or chemical separation of oil/ water/solids in process wastewaters and oily cooling wastewaters from petroleum refineries. Such wastes include, but are not limited to, all sludges and floats gen- erated in: induced air flotation (IAF) units, tanks and impoundments, and all sludges generated in DAF units. Sludges generated in stormwater units that do not receive dry weather flow, sludges generated from non-contact once-through cool- ing waters segregated for treatment from other process or oily cooling waters, sludges and floats generated in aggressive biological treatment units as defined in § 261.31(b)(2) (including sludges and floats generated in one or more additional units after wastewaters have been treated in aggressive biological treatment units) and F037, K048, and K051 wastes are not included in this listing. F039 ...... Leachate (liquids that have percolated through land disposed wastes) resulting from (T) the disposal of more than one restricted waste classified as hazardous under sub- part D of this part. (Leachate resulting from the disposal of one or more of the fol- lowing EPA Hazardous Wastes and no other Hazardous Wastes retains its EPA Hazardous Waste Number(s): F020, F021, F022, F026, F027, and/or F028.).
(b) Listing Specific Definitions: (1) For the purposes of the F037 and F038 list- ings, oil/water/solids is defined as oil and/or water and/or solids.(2) (i) For the pur- poses of the F037 and F038 listings, aggressive biological treatment units are de- fined as units which employ one of the following four treatment methods: acti- vated sludge; trickling filter; rotating biological contactor for the continuous ac- celerated biological oxidation of wastewaters; or high-rate aeration. High-rate aeration is a system of surface impoundments or tanks, in which intense mechan- ical aeration is used to completely mix the wastes, enhance biological activity, and (A) the units employ a minimum of 6 hp per million gallons of treatment vol- ume; and either (B) the hydraulic retention time of the unit is no longer than 5 days; or (C) the hydraulic retention time is no longer than 30 days and the unit does not generate a sludge that is a hazardous waste by the Toxicity Char- acteristic. (ii) Generators and treatment, storage and disposal facilities have the burden of proving that their sludges are exempt from listing as F037 and F038 wastes
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under this definition. Generators and treatment, storage and disposal facilities must maintain, in their operating or other onsite records, documents and data sufficient to prove that: (A) the unit is an aggressive biological treatment unit as defined in this subsection; and (B) the sludges sought to be exempted from the definitions of F037 and/or F038 were actually generated in the aggressive biologi- cal treatment unit. (3) (i) For the purposes of the F037 listing, sludges are considered to be gen- erated at the moment of deposition in the unit, where deposition is defined as at least a temporary cessation of lateral particle movement. (ii) For the purposes of the F038 listing, (A) sludges are considered to be generated at the moment of deposition in the unit, where deposition is defined as at least a temporary cessation of lateral par- ticle movement and (B) floats are considered to be generated at the moment they are formed in the top of the unit. [46 FR 4617, Jan. 16, 1981]
EDITORIAL NOTE: For FEDERAL REGISTER citations affecting § 261.31, see the List of CFR Sec- tions Affected in the Finding Aids section of this volume. § 261.32 Hazardous wastes from specific sources. The following solid wastes are listed hazardous wastes from specific sources un- less they are excluded under §§ 260.20 and 260.22 and listed in appendix IX.
Industry and EPA hazardous Hazard waste No. Hazardous waste code
Wood preservation: K001 ..... Bottom sediment sludge from the treatment of wastewaters from wood preserving (T) processes that use creosote and/or pentachlorophenol. Inorganic pigments: K002 ...... Wastewater treatment sludge from the production of chrome yellow and orange pig- (T) ments. K003 ...... Wastewater treatment sludge from the production of molybdate orange pigments ...... (T) K004 ...... Wastewater treatment sludge from the production of zinc yellow pigments ...... (T) K005 ...... Wastewater treatment sludge from the production of chrome green pigments ...... (T) K006 ...... Wastewater treatment sludge from the production of chrome oxide green pigments (T) (anhydrous and hydrated). K007 ...... Wastewater treatment sludge from the production of iron blue pigments ...... (T) K008 ...... Oven residue from the production of chrome oxide green pigments ...... (T) Organic chemicals: K009 ...... Distillation bottoms from the production of acetaldehyde from ethylene ...... (T) K010 ...... Distillation side cuts from the production of acetaldehyde from ethylene ...... (T) K011 ...... Bottom stream from the wastewater stripper in the production of acrylonitrile ...... (R, T) K013 ...... Bottom stream from the acetonitrile column in the production of acrylonitrile ...... (R, T) K014 ...... Bottoms from the acetonitrile purification column in the production of acrylonitrile ...... (T) K015 ...... Still bottoms from the distillation of benzyl chloride ...... (T) K016 ...... Heavy ends or distillation residues from the production of carbon tetrachloride ...... (T) K017 ...... Heavy ends (still bottoms) from the purification column in the production of (T) epichlorohydrin. K018 ...... Heavy ends from the fractionation column in ethyl chloride production ...... (T) K019 ...... Heavy ends from the distillation of ethylene dichloride in ethylene dichloride produc- (T) tion. K020 ...... Heavy ends from the distillation of vinyl chloride in vinyl chloride monomer production (T) K021 ...... Aqueous spent antimony catalyst waste from fluoromethanes production ...... (T) K022 ...... Distillation bottom tars from the production of phenol/acetone from cumene ...... (T) K023 ...... Distillation light ends from the production of phthalic anhydride from naphthalene ...... (T) K024 ...... Distillation bottoms from the production of phthalic anhydride from naphthalene ...... (T) K025 ...... Distillation bottoms from the production of nitrobenzene by the nitration of benzene ... (T) K026 ...... Stripping still tails from the production of methy ethyl pyridines ...... (T) K027 ...... Centrifuge and distillation residues from toluene diisocyanate production ...... (R, T) K028 ...... Spent catalyst from the hydrochlorinator reactor in the production of 1,1,1-trichloro- (T) ethane. K029 ...... Waste from the product steam stripper in the production of 1,1,1-trichloroethane ...... (T) K030 ...... Column bottoms or heavy ends from the combined production of trichloroethylene (T) and perchloroethylene. K083 ...... Distillation bottoms from aniline production ...... (T) K085 ...... Distillation or fractionation column bottoms from the production of chlorobenzenes ..... (T) K093 ...... Distillation light ends from the production of phthalic anhydride from ortho-xylene ...... (T) K094 ...... Distillation bottoms from the production of phthalic anhydride from ortho-xylene ...... (T) K095 ...... Distillation bottoms from the production of 1,1,1-trichloroethane ...... (T)
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Industry and EPA hazardous Hazard waste No. Hazardous waste code
K096 ...... Heavy ends from the heavy ends column from the production of 1,1,1-trichloroethane (T) K103 ...... Process residues from aniline extraction from the production of aniline ...... (T) K104 ...... Combined wastewater streams generated from nitrobenzene/aniline production ...... (T) K105 ...... Separated aqueous stream from the reactor product washing step in the production (T) of chlorobenzenes. K107 ...... Column bottoms from product separation from the production of 1,1-dimethyl-hydra- (C,T) zine (UDMH) from carboxylic acid hydrazines. K108 ...... Condensed column overheads from product separation and condensed reactor vent (I,T) gases from the production of 1,1-dimethylhydrazine (UDMH) from carboxylic acid hydrazides. K109 ...... Spent filter cartridges from product purification from the production of 1,1- (T) dimethylhydrazine (UDMH) from carboxylic acid hydrazides. K110 ...... Condensed column overheads from intermediate separation from the production of (T) 1,1-dimethylhydrazine (UDMH) from carboxylic acid hydrazides. K111 ...... Product washwaters from the production of dinitrotoluene via nitration of toluene ...... (C,T) K112 ...... Reaction by-product water from the drying column in the production of (T) toluenediamine via hydrogenation of dinitrotoluene. K113 ...... Condensed liquid light ends from the purification of toluenediamine in the production (T) of toluenediamine via hydrogenation of dinitrotoluene. K114 ...... Vicinals from the purification of toluenediamine in the production of toluenediamine (T) via hydrogenation of dinitrotoluene. K115 ...... Heavy ends from the purification of toluenediamine in the production of (T) toluenediamine via hydrogenation of dinitrotoluene. K116 ...... Organic condensate from the solvent recovery column in the production of toluene (T) diisocyanate via phosgenation of toluenediamine. K117 ...... Wastewater from the reactor vent gas scrubber in the production of ethylene (T) dibromide via bromination of ethene. K118 ...... Spent adsorbent solids from purification of ethylene dibromide in the production of (T) ethylene dibromide via bromination of ethene. K136 ...... Still bottoms from the purification of ethylene dibromide in the production of ethylene (T) dibromide via bromination of ethene. K149 ...... Distillation bottoms from the production of alpha- (or methyl-) chlorinated toluenes, (T) ring-chlorinated toluenes, benzoyl chlorides, and compounds with mixtures of these functional groups, (This waste does not include still bottoms from the distillation of benzyl chloride.). K150 ...... Organic residuals, excluding spent carbon adsorbent, from the spent chlorine gas (T) and hydrochloric acid recovery processes associated with the production of alpha- (or methyl-) chlorinated toluenes, ring-chlorinated toluenes, benzoyl chlorides, and compounds with mixtures of these functional groups. K151 ...... Wastewater treatment sludges, excluding neutralization and biological sludges, gen- (T) erated during the treatment of wastewaters from the production of alpha- (or meth- yl-) chlorinated toluenes, ring-chlorinated toluenes, benzoyl chlorides, and com- pounds with mixtures of these functional groups. K156 ...... Organic waste (including heavy ends, still bottoms, light ends, spent solvents, fil- (T) trates, and decantates) from the production of carbamates and carbamoyl oximes. (This listing does not apply to wastes generated from the manufacture of 3-iodo-2- propynyl n-butylcarbamate.). K157 ...... Wastewaters (including scrubber waters, condenser waters, washwaters, and separa- (T) tion waters) from the production of carbamates and carbamoyl oximes. (This listing does not apply to wastes generated from the manufacture of 3-iodo-2-propynyl n- butylcarbamate.). K158 ...... Bag house dusts and filter/separation solids from the production of carbamates and (T) carbamoyl oximes. (This listing does not apply to wastes generated from the man- ufacture of 3-iodo-2-propynyl n-butylcarbamate.). K159 ...... Organics from the treatment of thiocarbamate wastes ...... (T) K161 ...... Purification solids (including filtration, evaporation, and centrifugation solids), bag (R,T) house dust and floor sweepings from the production of dithiocarbamate acids and their salts. (This listing does not include K125 or K126.). Inorganic chemicals: K071 ...... Brine purification muds from the mercury cell process in chlorine production, where (T) separately prepurified brine is not used. K073 ...... Chlorinated hydrocarbon waste from the purification step of the diaphragm cell proc- (T) ess using graphite anodes in chlorine production. K106 ...... Wastewater treatment sludge from the mercury cell process in chlorine production .... (T) Pesticides: K031 ...... By-product salts generated in the production of MSMA and cacodylic acid ...... (T) K032 ...... Wastewater treatment sludge from the production of chlordane ...... (T) K033 ...... Wastewater and scrub water from the chlorination of cyclopentadiene in the produc- (T) tion of chlordane. K034 ...... Filter solids from the filtration of hexachlorocyclopentadiene in the production of (T) chlordane. K035 ...... Wastewater treatment sludges generated in the production of creosote ...... (T) K036 ...... Still bottoms from toluene reclamation distillation in the production of disulfoton ...... (T)
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Industry and EPA hazardous Hazard waste No. Hazardous waste code
K037 ...... Wastewater treatment sludges from the production of disulfoton ...... (T) K038 ...... Wastewater from the washing and stripping of phorate production ...... (T) K039 ...... Filter cake from the filtration of diethylphosphorodithioic acid in the production of (T) phorate. K040 ...... Wastewater treatment sludge from the production of phorate ...... (T) K041 ...... Wastewater treatment sludge from the production of toxaphene ...... (T) K042 ...... Heavy ends or distillation residues from the distillation of tetrachlorobenzene in the (T) production of 2,4,5-T. K043 ...... 2,6-Dichlorophenol waste from the production of 2,4-D ...... (T) K097 ...... Vacuum stripper discharge from the chlordane chlorinator in the production of (T) chlordane. K098 ...... Untreated process wastewater from the production of toxaphene ...... (T) K099 ...... Untreated wastewater from the production of 2,4-D ...... (T) K123 ...... Process wastewater (including supernates, filtrates, and washwaters) from the pro- (T) duction of ethylenebisdithiocarbamic acid and its salt. K124 ...... Reactor vent scrubber water from the production of ethylenebisdithiocarbamic acid (C, T) and its salts. K125 ...... Filtration, evaporation, and centrifugation solids from the production of (T) ethylenebisdithiocarbamic acid and its salts. K126 ...... Baghouse dust and floor sweepings in milling and packaging operations from the pro- (T) duction or formulation of ethylenebisdithiocarbamic acid and its salts. K131 ...... Wastewater from the reactor and spent sulfuric acid from the acid dryer from the pro- (C, T) duction of methyl bromide. K132 ...... Spent absorbent and wastewater separator solids from the production of methyl bro- (T) mide. Explosives: K044 ...... Wastewater treatment sludges from the manufacturing and processing of explosives (R) K045 ...... Spent carbon from the treatment of wastewater containing explosives ...... (R) K046 ...... Wastewater treatment sludges from the manufacturing, formulation and loading of (T) lead-based initiating compounds. K047 ...... Pink/red water from TNT operations ...... (R) Petroleum refining: K048 ...... Dissolved air flotation (DAF) float from the petroleum refining industry ...... (T) K049 ...... Slop oil emulsion solids from the petroleum refining industry ...... (T) K050 ...... Heat exchanger bundle cleaning sludge from the petroleum refining industry ...... (T) K051 ...... API separator sludge from the petroleum refining industry ...... (T) K052 ...... Tank bottoms (leaded) from the petroleum refining industry ...... (T) K169 ...... Crude oil storage tank sediment from petroleum refining operations ...... (T) K170 ...... Clarified slurry oil tank sediment and/or in-line filter/separation solids from petroleum (T) refining operations. K171 ...... Spent Hydrotreating catalyst from petroleum refining operations, including guard beds (I,T) used to desulfurize feeds to other catalytic reactors (this listing does not include inert support media). K172 ...... Spent Hydrorefining catalyst from petroleum refining operations, including guard beds (I,T) used to desulfurize feeds to other catalytic reactors (this listing does not include inert support media). Iron and steel: K061 ...... Emission control dust/sludge from the primary production of steel in electric furnaces (T) K062 ...... Spent pickle liquor generated by steel finishing operations of facilities within the iron (C,T) and steel industry (SIC Codes 331 and 332). Primary copper: Primary lead: Primary zinc: Primary aluminum: K088 ...... Spent potliners from primary aluminum reduction ...... (T) Ferroalloys: Secondary lead: K069 ...... Emission control dust/sludge from secondary lead smelting. (NOTE: This listing is (T) stayed administratively for sludge generated from secondary acid scrubber sys- tems. The stay will remain in effect until further administrative action is taken. If EPA takes further action effecting this stay, EPA will publish a notice of the action in the Federal Register. K100 ...... Waste leaching solution from acid leaching of emission control dust/sludge from sec- (T) ondary lead smelting. Veterinary pharmaceuticals: K084 ...... Wastewater treatment sludges generated during the production of veterinary pharma- (T) ceuticals from arsenic or organo-arsenic compounds. K101 ...... Distillation tar residues from the distillation of aniline-based compounds in the pro- (T) duction of veterinary pharmaceuticals from arsenic or organo-arsenic compounds. K102 ...... Residue from the use of activated carbon for decolorization in the production of vet- (T) erinary pharmaceuticals from arsenic or organo-arsenic compounds.
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Industry and EPA hazardous Hazard waste No. Hazardous waste code
Ink formulation: K086 ...... Solvent washes and sludges, caustic washes and sludges, or water washes and (T) sludges from cleaning tubs and equipment used in the formulation of ink from pig- ments, driers, soaps, and stabilizers containing chromium and lead. Coking: K060 ...... Ammonia still lime sludge from coking operations ...... (T) K087 ...... Decanter tank tar sludge from coking operations ...... (T) K141 ...... Process residues from the recovery of coal tar, including, but not limited to, collecting (T) sump residues from the production of coke from coal or the recovery of coke by- products produced from coal. This listing does not include K087 (decanter tank tar sludges from coking operations). K142 ...... Tar storage tank residues from the production of coke from coal or from the recovery (T) of coke by-products produced from coal. K143 ...... Process residues from the recovery of light oil, including, but not limited to, those (T) generated in stills, decanters, and wash oil recovery units from the recovery of coke by-products produced from coal. K144 ...... Wastewater sump residues from light oil refining, including, but not limited to, inter- (T) cepting or contamination sump sludges from the recovery of coke by-products pro- duced from coal. K145 ...... Residues from naphthalene collection and recovery operations from the recovery of (T) coke by-products produced from coal. K147 ...... Tar storage tank residues from coal tar refining ...... (T) K148 ...... Residues from coal tar distillation, including but not limited to, still bottoms ...... (T)
[46 FR 4618, Jan. 16, 1981]
EDITORIAL NOTE: For FEDERAL REGISTER citations affecting § 261.32, see the List of CFR Sec- tions Affected in the Finding Aids section of this volume.
§ 261.33 Discarded commercial chem- commercial chemical product or manu- ical products, off-specification spe- facturing chemical intermediate hav- cies, container residues, and spill ing the generic name listed in para- residues thereof. graphs (e) or (f) of this section, unless The following materials or items are the container is empty as defined in hazardous wastes if and when they are § 261.7(b) of this chapter. discarded or intended to be discarded [Comment: Unless the residue is being as described in § 261.2(a)(2)(i), when they are mixed with waste oil or used beneficially used or reused, or legiti- oil or other material and applied to the mately recycled or reclaimed; or being land for dust suppression or road treat- accumulated, stored, transported or ment, when they are otherwise applied treated prior to such use, re-use, recy- to the land in lieu of their original in- cling or reclamation, EPA considers tended use or when they are contained the residue to be intended for discard, in products that are applied to the land and thus, a hazardous waste. An exam- in lieu of their original intended use, or ple of a legitimate re-use of the residue when, in lieu of their original intended would be where the residue remains in use, they are produced for use as (or as the container and the container is used a component of) a fuel, distributed for to hold the same commercial chemical use as a fuel, or burned as a fuel. product or manufacturing chemical in- (a) Any commercial chemical prod- termediate it previously held. An ex- uct, or manufacturing chemical inter- ample of the discard of the residue mediate having the generic name listed would be where the drum is sent to a in paragraph (e) or (f) of this section. drum reconditioner who reconditions (b) Any off-specification commercial the drum but discards the residue.] chemical product or manufacturing chemical intermediate which, if it met (d) Any residue or contaminated soil, specifications, would have the generic water or other debris resulting from name listed in paragraph (e) or (f) of the cleanup of a spill into or on any this section. land or water of any commercial chem- (c) Any residue remaining in a con- ical product or manufacturing chem- tainer or in an inner liner removed ical intermediate having the generic from a container that has held any name listed in paragraph (e) or (f) of
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this section, or any residue or contami- because it contains a substance listed in nated soil, water or other debris result- paragraph (e) or (f), such waste will be listed ing from the cleanup of a spill, into or in either § 261.31 or § 261.32 or will be identi- on any land or water, of any off-speci- fied as a hazardous waste by the characteris- tics set forth in subpart C of this part.] fication chemical product and manu- (e) The commercial chemical prod- facturing chemical intermediate ucts, manufacturing chemical inter- which, if it met specifications, would mediates or off-specification commer- have the generic name listed in para- cial chemical products or manufac- graph (e) or (f) of this section. turing chemical intermediates referred [Comment: The phrase ‘‘commercial chemical to in paragraphs (a) through (d) of this product or manufacturing chemical inter- section, are identified as acute haz- mediate having the generic name listed in . ardous wastes (H) and are subject to be ..’’ refers to a chemical substance which is manufactured or formulated for commercial the small quantity exclusion defined in or manufacturing use which consists of the § 261.5(e). commercially pure grade of the chemical, [Comment: For the convenience of the regu- any technical grades of the chemical that lated community the primary hazardous are produced or marketed, and all formula- properties of these materials have been indi- tions in which the chemical is the sole active cated by the letters T (Toxicity), and R (Re- ingredient. It does not refer to a material, activity). Absence of a letter indicates that such as a manufacturing process waste, that the compound only is listed for acute tox- contains any of the substances listed in para- icity.] graph (e) or (f). Where a manufacturing proc- These wastes and their corresponding ess waste is deemed to be a hazardous waste EPA Hazardous Waste Numbers are:
Haz- ardous Chemical ab- waste stracts No. Substance No.
P023 107±20±0 Acetaldehyde, chloro- P002 591±08±2 Acetamide, N-(aminothioxomethyl)- P057 640±19±7 Acetamide, 2-fluoro- P058 62±74±8 Acetic acid, fluoro-, sodium salt P002 591±08±2 1-Acetyl-2-thiourea P003 107±02±8 Acrolein P070 116±06±3 Aldicarb P203 1646±88±4 Aldicarb sulfone. P004 309±00±2 Aldrin P005 107±18±6 Allyl alcohol P006 20859±73±8 Aluminum phosphide (R,T) P007 2763±96±4 5-(Aminomethyl)-3-isoxazolol P008 504±24±5 4-Aminopyridine P009 131±74±8 Ammonium picrate (R) P119 7803±55±6 Ammonium vanadate P099 506±61±6 Argentate(1-), bis(cyano-C)-, potassium P010 7778±39±4 Arsenic acid H3 AsO4 P012 1327±53±3 Arsenic oxide As2 O3 P011 1303±28±2 Arsenic oxide As2 O5 P011 1303±28±2 Arsenic pentoxide P012 1327±53±3 Arsenic trioxide P038 692±42±2 Arsine, diethyl- P036 696±28±6 Arsonous dichloride, phenyl- P054 151±56±4 Aziridine P067 75±55±8 Aziridine, 2-methyl- P013 542±62±1 Barium cyanide P024 106±47±8 Benzenamine, 4-chloro- P077 100±01±6 Benzenamine, 4-nitro- P028 100±44±7 Benzene, (chloromethyl)- P042 51±43±4 1,2-Benzenediol, 4-[1-hydroxy-2-(methylamino)ethyl]-, (R)- P046 122±09±8 Benzeneethanamine, alpha,alpha-dimethyl- P014 108±98±5 Benzenethiol P127 1563±66±2 7-Benzofuranol, 2,3-dihydro-2,2-dimethyl-, methylcarbamate. P188 57±64±7 Benzoic acid, 2-hydroxy-, compd. with (3aS-cis)-1,2,3,3a,8,8a-hexahydro-1,3a,8-trimethylpyrrolo[2,3- b]indol-5-yl methylcarbamate ester (1:1). P001 1 81±81±2 2H-1-Benzopyran-2-one, 4-hydroxy-3-(3-oxo-1-phenylbutyl)-, & salts, when present at concentrations greater than 0.3% P028 100±44±7 Benzyl chloride P015 7440±41±7 Beryllium powder P017 598±31±2 Bromoacetone P018 357±57±3 Brucine
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Haz- ardous Chemical ab- waste stracts No. Substance No.
P045 39196±18±4 2-Butanone, 3,3-dimethyl-1-(methylthio)-, O-[methylamino)carbonyl] oxime P021 592±01±8 Calcium cyanide P021 592±01±8 Calcium cyanide Ca(CN)2 P189 55285±14±8 Carbamic acid, [(dibutylamino)- thio]methyl-, 2,3-dihydro-2,2-dimethyl- 7-benzofuranyl ester. P191 644±64±4 Carbamic acid, dimethyl-, 1-[(dimethyl-amino)carbonyl]- 5-methyl-1H- pyrazol-3-yl ester. P192 119±38±0 Carbamic acid, dimethyl-, 3-methyl-1- (1-methylethyl)-1H- pyrazol-5-yl ester. P190 1129±41±5 Carbamic acid, methyl-, 3-methylphenyl ester. P127 1563±66±2 Carbofuran. P022 75±15±0 Carbon disulfide P095 75±44±5 Carbonic dichloride P189 55285±14±8 Carbosulfan. P023 107±20±0 Chloroacetaldehyde P024 106±47±8 p-Chloroaniline P026 5344±82±1 1-(o-Chlorophenyl)thiourea P027 542±76±7 3-Chloropropionitrile P029 544±92±3 Copper cyanide P029 544±92±3 Copper cyanide Cu(CN) P202 64±00±6 m-Cumenyl methylcarbamate. P030 ...... Cyanides (soluble cyanide salts), not otherwise specified P031 460±19±5 Cyanogen P033 506±77±4 Cyanogen chloride P033 506±77±4 Cyanogen chloride (CN)Cl P034 131±89±5 2-Cyclohexyl-4,6-dinitrophenol P016 542±88±1 Dichloromethyl ether P036 696±28±6 Dichlorophenylarsine P037 60±57±1 Dieldrin P038 692±42±2 Diethylarsine P041 311±45±5 Diethyl-p-nitrophenyl phosphate P040 297±97±2 O,O-Diethyl O-pyrazinyl phosphorothioate P043 55±91±4 Diisopropylfluorophosphate (DFP) P004 309±00±2 1,4,5,8-Dimethanonaphthalene, 1,2,3,4,10,10-hexa- chloro-1,4,4a,5,8,8a,-hexahydro-, (1alpha,4alpha,4abeta,5alpha,8alpha,8abeta)- P060 465±73±6 1,4,5,8-Dimethanonaphthalene, 1,2,3,4,10,10-hexa- chloro-1,4,4a,5,8,8a-hexahydro-, (1alpha,4alpha,4abeta,5beta,8beta,8abeta)- P037 60±57±1 2,7:3,6-Dimethanonaphth[2,3-b]oxirene, 3,4,5,6,9,9-hexachloro-1a,2,2a,3,6,6a,7,7a-octahydro-, (1aalpha,2beta,2aalpha,3beta,6beta,6aalpha,7beta, 7aalpha)- P051 1 72±20±8 2,7:3,6-Dimethanonaphth [2,3-b]oxirene, 3,4,5,6,9,9-hexachloro-1a,2,2a,3,6,6a,7,7a-octahydro-, (1aalpha,2beta,2abeta,3alpha,6alpha,6abeta,7beta, 7aalpha)-, & metabolites P044 60±51±5 Dimethoate P046 122±09±8 alpha,alpha-Dimethylphenethylamine P191 644±64±4 Dimetilan. P047 1 534±52±1 4,6-Dinitro-o-cresol, & salts P048 51±28±5 2,4-Dinitrophenol P020 88±85±7 Dinoseb P085 152±16±9 Diphosphoramide, octamethyl- P111 107±49±3 Diphosphoric acid, tetraethyl ester P039 298±04±4 Disulfoton P049 541±53±7 Dithiobiuret P185 26419±73±8 1,3-Dithiolane-2-carboxaldehyde, 2,4-dimethyl-, O- [(methylamino)- carbonyl]oxime. P050 115±29±7 Endosulfan P088 145±73±3 Endothall P051 72±20±8 Endrin P051 72±20±8 Endrin, & metabolites P042 51±43±4 Epinephrine P031 460±19±5 Ethanedinitrile P194 23135±22±0 Ethanimidothioc acid, 2-(dimethylamino)-N-[[(methylamino) carbonyl]oxy]-2-oxo-, methyl ester. P066 16752±77±5 Ethanimidothioic acid, N-[[(methylamino)carbonyl]oxy]-, methyl ester P101 107±12±0 Ethyl cyanide P054 151±56±4 Ethyleneimine P097 52±85±7 Famphur P056 7782±41±4 Fluorine P057 640±19±7 Fluoroacetamide P058 62±74±8 Fluoroacetic acid, sodium salt P198 23422±53±9 Formetanate hydrochloride. P197 17702±57±7 Formparanate. P065 628±86±4 Fulminic acid, mercury(2+) salt (R,T) P059 76±44±8 Heptachlor P062 757±58±4 Hexaethyl tetraphosphate
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Haz- ardous Chemical ab- waste stracts No. Substance No.
P116 79±19±6 Hydrazinecarbothioamide P068 60±34±4 Hydrazine, methyl- P063 74±90±8 Hydrocyanic acid P063 74±90±8 Hydrogen cyanide P096 7803±51±2 Hydrogen phosphide P060 465±73±6 Isodrin P192 119±38±0 Isolan. P202 64±00±6 3-Isopropylphenyl N-methylcarbamate. P007 2763±96±4 3(2H)-Isoxazolone, 5-(aminomethyl)- P196 15339±36±3 Manganese, bis(dimethylcarbamodithioato-S,S′)-, P196 15339±36±3 Manganese dimethyldithiocarbamate. P092 62±38±4 Mercury, (acetato-O)phenyl- P065 628±86±4 Mercury fulminate (R,T) P082 62±75±9 Methanamine, N-methyl-N-nitroso- P064 624±83±9 Methane, isocyanato- P016 542±88±1 Methane, oxybis[chloro- P112 509±14±8 Methane, tetranitro- (R) P118 75±70±7 Methanethiol, trichloro- P198 23422±53±9 Methanimidamide, N,N-dimethyl-N′-[3-[[(methylamino)-carbonyl]oxy]phenyl]-, monohydrochloride. P197 17702±57±7 Methanimidamide, N,N-dimethyl-N′-[2-methyl-4-[[(methylamino)carbonyl]oxy]phenyl]- P050 115±29±7 6,9-Methano-2,4,3-benzodioxathiepin, 6,7,8,9,10,10- hexachloro-1,5,5a,6,9,9a-hexahydro-, 3-oxide P059 76±44±8 4,7-Methano-1H-indene, 1,4,5,6,7,8,8-heptachloro- 3a,4,7,7a-tetrahydro- P199 2032±65±7 Methiocarb. P066 16752±77±5 Methomyl P068 60±34±4 Methyl hydrazine P064 624±83±9 Methyl isocyanate P069 75±86±5 2-Methyllactonitrile P071 298±00±0 Methyl parathion P190 1129±41±5 Metolcarb. P128 315±8±4 Mexacarbate. P072 86±88±4 alpha-Naphthylthiourea P073 13463±39±3 Nickel carbonyl P073 13463±39±3 Nickel carbonyl Ni(CO)4, (T-4)- P074 557±19±7 Nickel cyanide P074 557±19±7 Nickel cynaide Ni(CN)2 P075 1 54±11±5 Nicotine, & salts P076 10102±43±9 Nitric oxide P077 100±01±6 p-Nitroaniline P078 10102±44±0 Nitrogen dioxide P076 10102±43±9 Nitrogen oxide NO P078 10102±44±0 Nitrogen oxide NO2 P081 55±63±0 Nitroglycerine (R) P082 62±75±9 N-Nitrosodimethylamine P084 4549±40±0 N-Nitrosomethylvinylamine P085 152±16±9 Octamethylpyrophosphoramide P087 20816±12±0 Osmium oxide OsO4, (T-4)- P087 20816±12±0 Osmium tetroxide P088 145±73±3 7-Oxabicyclo[2.2.1]heptane-2,3-dicarboxylic acid P194 23135±22±0 Oxamyl. P089 56±38±2 Parathion P034 131±89±5 Phenol, 2-cyclohexyl-4,6-dinitro- P048 51±28±5 Phenol, 2,4-dinitro- P047 1 534±52±1 Phenol, 2-methyl-4,6-dinitro-, & salts P020 88±85±7 Phenol, 2-(1-methylpropyl)-4,6-dinitro- P009 131±74±8 Phenol, 2,4,6-trinitro-, ammonium salt (R) P128 315±18±4 Phenol, 4-(dimethylamino)-3,5-dimethyl-, methylcarbamate (ester). P199 2032±65±7 Phenol, (3,5-dimethyl-4-(methylthio)-, methylcarbamate P202 64±00±6 Phenol, 3-(1-methylethyl)-, methyl carbamate. P201 2631±37±0 Phenol, 3-methyl-5-(1-methylethyl)-, methyl carbamate. P092 62±38±4 Phenylmercury acetate P093 103±85±5 Phenylthiourea P094 298±02±2 Phorate P095 75±44±5 Phosgene P096 7803±51±2 Phosphine P041 311±45±5 Phosphoric acid, diethyl 4-nitrophenyl ester P039 298±04±4 Phosphorodithioic acid, O,O-diethyl S-[2-(ethylthio)ethyl] ester P094 298±02±2 Phosphorodithioic acid, O,O-diethyl S-[(ethylthio)methyl] ester P044 60±51±5 Phosphorodithioic acid, O,O-dimethyl S-[2-(methylamino)-2-oxoethyl] ester
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Haz- ardous Chemical ab- waste stracts No. Substance No.
P043 55±91±4 Phosphorofluoridic acid, bis(1-methylethyl) ester P089 56±38±2 Phosphorothioic acid, O,O-diethyl O-(4-nitrophenyl) ester P040 297±97±2 Phosphorothioic acid, O,O-diethyl O-pyrazinyl ester P097 52±85±7 Phosphorothioic acid, O-[4-[(dimethylamino)sulfonyl]phenyl] O,O-dimethyl ester P071 298±00±0 Phosphorothioic acid, O,O,-dimethyl O-(4-nitrophenyl) ester P204 57±47±6 Physostigmine. P188 57±64±7 Physostigmine salicylate. P110 78±00±2 Plumbane, tetraethyl- P098 151±50±8 Potassium cyanide P098 151±50±8 Potassium cyanide K(CN) P099 506±61±6 Potassium silver cyanide P201 2631±37±0 Promecarb P070 116±06±3 Propanal, 2-methyl-2-(methylthio)-, O-[(methylamino)carbonyl]oxime P203 1646±88±4 Propanal, 2-methyl-2-(methyl-sulfonyl)-, O-[(methylamino)carbonyl] oxime. P101 107±12±0 Propanenitrile P027 542±76±7 Propanenitrile, 3-chloro- P069 75±86±5 Propanenitrile, 2-hydroxy-2-methyl- P081 55±63±0 1,2,3-Propanetriol, trinitrate (R) P017 598±31±2 2-Propanone, 1-bromo- P102 107±19±7 Propargyl alcohol P003 107±02±8 2-Propenal P005 107±18±6 2-Propen-1-ol P067 75±55±8 1,2-Propylenimine P102 107±19±7 2-Propyn-1-ol P008 504±24±5 4-Pyridinamine P075 1 54±11±5 Pyridine, 3-(1-methyl-2-pyrrolidinyl)-, (S)-, & salts P204 57±47±6 Pyrrolo[2,3-b]indol-5-ol, 1,2,3,3a,8,8a-hexahydro-1,3a,8-trimethyl-, methylcarbamate (ester), (3aS-cis)-. P114 12039±52±0 Selenious acid, dithallium(1+) salt P103 630±10±4 Selenourea P104 506±64±9 Silver cyanide P104 506±64±9 Silver cyanide Ag(CN) P105 26628±22±8 Sodium azide P106 143±33±9 Sodium cyanide P106 143±33±9 Sodium cyanide Na(CN) P108 1 57±24±9 Strychnidin-10-one, & salts P018 357±57±3 Strychnidin-10-one, 2,3-dimethoxy- P108 1 57±24±9 Strychnine, & salts P115 7446±18±6 Sulfuric acid, dithallium(1+) salt P109 3689±24±5 Tetraethyldithiopyrophosphate P110 78±00±2 Tetraethyl lead P111 107±49±3 Tetraethyl pyrophosphate P112 509±14±8 Tetranitromethane (R) P062 757±58±4 Tetraphosphoric acid, hexaethyl ester P113 1314±32±5 Thallic oxide P113 1314±32±5 Thallium oxide Tl2 O3 P114 12039±52±0 Thallium(I) selenite P115 7446±18±6 Thallium(I) sulfate P109 3689±24±5 Thiodiphosphoric acid, tetraethyl ester P045 39196±18±4 Thiofanox P049 541±53±7 Thioimidodicarbonic diamide [(H2 N)C(S)]2 NH P014 108±98±5 Thiophenol P116 79±19±6 Thiosemicarbazide P026 5344±82±1 Thiourea, (2-chlorophenyl)- P072 86±88±4 Thiourea, 1-naphthalenyl- P093 103±85±5 Thiourea, phenyl- P185 26419±73±8 Tirpate. P123 8001±35±2 Toxaphene P118 75±70±7 Trichloromethanethiol P119 7803±55±6 Vanadic acid, ammonium salt P120 1314±62±1 Vanadium oxide V2 O5 P120 1314±62±1 Vanadium pentoxide P084 4549±40±0 Vinylamine, N-methyl-N-nitroso- P001 1 81±81±2 Warfarin, & salts, when present at concentrations greater than 0.3% P205 137±30±4 Zinc, bis(dimethylcarbamodithioato-S,S′)-, P121 557±21±1 Zinc cyanide P121 557±21±1 Zinc cyanide Zn(CN)2 P122 1314±84±7 Zinc phosphide Zn3 P2, when present at concentrations greater than 10% (R,T) P205 137±30±4 Ziram. 1 CAS Number given for parent compound only.
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(f) The commercial chemical prod- [Comment: For the convenience of the regu- ucts, manfacturing chemical inter- lated community, the primary hazardous mediates, or off-specification commer- properties of these materials have been indi- cial chemical products referred to in cated by the letters T (Toxicity), R (Reac- paragraphs (a) through (d) of this sec- tivity), I (Ignitability) and C (Corrosivity). tion, are identified as toxic wastes (T), Absence of a letter indicates that the com- unless otherwise designated and are pound is only listed for toxicity.] subject to the small quantity generator These wastes and their corresponding exclusion defined in § 261.5 (a) and (g). EPA Hazardous Waste Numbers are:
Haz- ardous Chemical ab- Substance waste stracts No. No.
U394 30558±43±1 A2213. U001 75±07±0 Acetaldehyde (I) U034 75±87±6 Acetaldehyde, trichloro- U187 62±44±2 Acetamide, N-(4-ethoxyphenyl)- U005 53±96±3 Acetamide, N-9H-fluoren-2-yl- U240 1 94±75±7 Acetic acid, (2,4-dichlorophenoxy)-, salts & esters U112 141±78±6 Acetic acid ethyl ester (I) U144 301±04±2 Acetic acid, lead(2+) salt U214 563±68±8 Acetic acid, thallium(1+) salt see 93±76±5 Acetic acid, (2,4,5-trichlorophenoxy)- F027 U002 67±64±1 Acetone (I) U003 75±05±8 Acetonitrile (I,T) U004 98±86±2 Acetophenone U005 53±96±3 2-Acetylaminofluorene U006 75±36±5 Acetyl chloride (C,R,T) U007 79±06±1 Acrylamide U008 79±10±7 Acrylic acid (I) U009 107±13±1 Acrylonitrile U011 61±82±5 Amitrole U012 62±53±3 Aniline (I,T) U136 75±60±5 Arsinic acid, dimethyl- U014 492±80±8 Auramine U015 115±02±6 Azaserine U010 50±07±7 Azirino[2′,3′™3,4]pyrrolo[1,2-a]indole-4,7-dione, 6-amino-8-[[(aminocarbonyl)oxy]methyl]-1,1a,2,8,8a,8b- hexahydro-8a-methoxy-5-methyl-, [1aS-(1aalpha, 8beta,8aalpha,8balpha)]- U280 101±27±9 Barban. U278 22781±23±3 Bendiocarb. U364 22961±82±6 Bendiocarb phenol. U271 17804±35±2 Benomyl. U157 56±49±5 Benz[j]aceanthrylene, 1,2-dihydro-3-methyl- U016 225±51±4 Benz[c]acridine U017 98±87±3 Benzal chloride U192 23950±58±5 Benzamide, 3,5-dichloro-N-(1,1-dimethyl-2-propynyl)- U018 56±55±3 Benz[a]anthracene U094 57±97±6 Benz[a]anthracene, 7,12-dimethyl- U012 62±53±3 Benzenamine (I,T) U014 492±80±8 Benzenamine, 4,4′-carbonimidoylbis[N,N-dimethyl- U049 3165±93±3 Benzenamine, 4-chloro-2-methyl-, hydrochloride U093 60±11±7 Benzenamine, N,N-dimethyl-4-(phenylazo)- U328 95±53±4 Benzenamine, 2-methyl- U353 106±49±0 Benzenamine, 4-methyl- U158 101±14±4 Benzenamine, 4,4′-methylenebis[2-chloro- U222 636±21±5 Benzenamine, 2-methyl-, hydrochloride U181 99±55±8 Benzenamine, 2-methyl-5-nitro- U019 71±43±2 Benzene (I,T) U038 510±15±6 Benzeneacetic acid, 4-chloro-alpha-(4-chlorophenyl)-alpha-hydroxy-, ethyl ester U030 101±55±3 Benzene, 1-bromo-4-phenoxy- U035 305±03±3 Benzenebutanoic acid, 4-[bis(2-chloroethyl)amino]- U037 108±90±7 Benzene, chloro- U221 25376±45±8 Benzenediamine, ar-methyl- U028 117±81±7 1,2-Benzenedicarboxylic acid, bis(2-ethylhexyl) ester U069 84±74±2 1,2-Benzenedicarboxylic acid, dibutyl ester U088 84±66±2 1,2-Benzenedicarboxylic acid, diethyl ester U102 131±11±3 1,2-Benzenedicarboxylic acid, dimethyl ester U107 117±84±0 1,2-Benzenedicarboxylic acid, dioctyl ester U070 95±50±1 Benzene, 1,2-dichloro- U071 541±73±1 Benzene, 1,3-dichloro- U072 106±46±7 Benzene, 1,4-dichloro-
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Haz- ardous Chemical ab- waste stracts No. Substance No.
U060 72±54±8 Benzene, 1,1′-(2,2-dichloroethylidene)bis[4-chloro- U017 98±87±3 Benzene, (dichloromethyl)- U223 26471±62±5 Benzene, 1,3-diisocyanatomethyl- (R,T) U239 1330±20±7 Benzene, dimethyl- (I,T) U201 108±46±3 1,3-Benzenediol U127 118±74±1 Benzene, hexachloro- U056 110±82±7 Benzene, hexahydro- (I) U220 108±88±3 Benzene, methyl- U105 121±14±2 Benzene, 1-methyl-2,4-dinitro- U106 606±20±2 Benzene, 2-methyl-1,3-dinitro- U055 98±82±8 Benzene, (1-methylethyl)- (I) U169 98±95±3 Benzene, nitro- U183 608±93±5 Benzene, pentachloro- U185 82±68±8 Benzene, pentachloronitro- U020 98±09±9 Benzenesulfonic acid chloride (C,R) U020 98±09±9 Benzenesulfonyl chloride (C,R) U207 95±94±3 Benzene, 1,2,4,5-tetrachloro- U061 50±29±3 Benzene, 1,1′-(2,2,2-trichloroethylidene)bis[4-chloro- U247 72±43±5 Benzene, 1,1′-(2,2,2-trichloroethylidene)bis[4- methoxy- U023 98±07±7 Benzene, (trichloromethyl)- U234 99±35±4 Benzene, 1,3,5-trinitro- U021 92±87±5 Benzidine U202 1 81±07±2 1,2-Benzisothiazol-3(2H)-one, 1,1-dioxide, & salts U278 22781±23±3 1,3-Benzodioxol-4-ol, 2,2-dimethyl-, methyl carbamate. U364 22961±82±6 1,3-Benzodioxol-4-ol, 2,2-dimethyl-, U203 94±59±7 1,3-Benzodioxole, 5-(2-propenyl)- U141 120±58±1 1,3-Benzodioxole, 5-(1-propenyl)- U367 1563±38±8 7-Benzofuranol, 2,3-dihydro-2,2-dimethyl- U090 94±58±6 1,3-Benzodioxole, 5-propyl- U064 189±55±9 Benzo[rst]pentaphene U248 181±81±2 2H-1-Benzopyran-2-one, 4-hydroxy-3-(3-oxo-1-phenyl-butyl)-, & salts, when present at concentrations of 0.3% or less U022 50±32±8 Benzo[a]pyrene U197 106±51±4 p-Benzoquinone U023 98±07±7 Benzotrichloride (C,R,T) U085 1464±53±5 2,2′-Bioxirane U021 92±87±5 [1,1′-Biphenyl]-4,4′-diamine U073 91±94±1 [1,1′-Biphenyl]-4,4′-diamine, 3,3′-dichloro- U091 119±90±4 [1,1′-Biphenyl]-4,4′-diamine, 3,3′-dimethoxy- U095 119±93±7 [1,1′-Biphenyl]-4,4′-diamine, 3,3′-dimethyl- U225 75±25±2 Bromoform U030 101±55±3 4-Bromophenyl phenyl ether U128 87±68±3 1,3-Butadiene, 1,1,2,3,4,4-hexachloro- U172 924±16±3 1-Butanamine, N-butyl-N-nitroso- U031 71±36±3 1-Butanol (I) U159 78±93±3 2-Butanone (I,T) U160 1338±23±4 2-Butanone, peroxide (R,T) U053 4170±30±3 2-Butenal U074 764±41±0 2-Butene, 1,4-dichloro- (I,T) U143 303±34±4 2-Butenoic acid, 2-methyl-, 7-[[2,3-dihydroxy- 2-(1-methoxyethyl)-3-methyl-1-oxobutoxy]methyl]- 2,3,5,7a-tetrahydro-1H-pyrrolizin-1-yl ester, [1S-[1alpha(Z),7(2S*,3R*),7aalpha]]- U031 71±36±3 n-Butyl alcohol (I) U136 75±60±5 Cacodylic acid U032 13765±19±0 Calcium chromate U372 10605±21±7 Carbamic acid, 1H-benzimidazol-2-yl, methyl ester. U271 17804±35±2 Carbamic acid, [1-[(butylamino)carbonyl]-1H-benzimidazol-2-yl]-, methyl ester. U280 101±27±9 Carbamic acid, (3-chlorophenyl)-, 4-chloro-2-butynyl ester. U238 51±79±6 Carbamic acid, ethyl ester U178 615±53±2 Carbamic acid, methylnitroso-, ethyl ester U373 122±42±9 Carbamic acid, phenyl-, 1-methylethyl ester. U409 23564±05±8 Carbamic acid, [1,2-phenylenebis (iminocarbonothioyl)]bis-, dimethyl ester. U097 79±44±7 Carbamic chloride, dimethyl- U389 2303±17±5 Carbamothioic acid, bis(1-methylethyl)-, S-(2,3,3-trichloro-2-propenyl) ester. U387 52888±80±9 Carbamothioic acid, dipropyl-, S-(phenylmethyl) ester. U114 1 111±54±6 Carbamodithioic acid, 1,2-ethanediylbis-, salts & esters U062 2303±16±4 Carbamothioic acid, bis(1-methylethyl)-, S-(2,3-dichloro-2-propenyl) ester U279 63±25±2 Carbaryl. U372 10605±21±7 Carbendazim. U367 1563±38±8 Carbofuran phenol.
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Haz- ardous Chemical ab- waste stracts No. Substance No.
U215 6533±73±9 Carbonic acid, dithallium(1+) salt U033 353±50±4 Carbonic difluoride U156 79±22±1 Carbonochloridic acid, methyl ester (I,T) U033 353±50±4 Carbon oxyfluoride (R,T) U211 56±23±5 Carbon tetrachloride U034 75±87±6 Chloral U035 305±03±3 Chlorambucil U036 57±74±9 Chlordane, alpha & gamma isomers U026 494±03±1 Chlornaphazin U037 108±90±7 Chlorobenzene U038 510±15±6 Chlorobenzilate U039 59±50±7 p-Chloro-m-cresol U042 110±75±8 2-Chloroethyl vinyl ether U044 67±66±3 Chloroform U046 107±30±2 Chloromethyl methyl ether U047 91±58±7 beta-Chloronaphthalene U048 95±57±8 o-Chlorophenol U049 3165±93±3 4-Chloro-o-toluidine, hydrochloride U032 13765±19±0 Chromic acid H2 CrO4, calcium salt U050 218±01±9 Chrysene U051 ...... Creosote U052 1319±77±3 Cresol (Cresylic acid) U053 4170±30±3 Crotonaldehyde U055 98±82±8 Cumene (I) U246 506±68±3 Cyanogen bromide (CN)Br U197 106±51±4 2,5-Cyclohexadiene-1,4-dione U056 110±82±7 Cyclohexane (I) U129 58±89±9 Cyclohexane, 1,2,3,4,5,6-hexachloro-, (1alpha,2alpha,3beta,4alpha,5alpha,6beta)- U057 108±94±1 Cyclohexanone (I) U130 77±47±4 1,3-Cyclopentadiene, 1,2,3,4,5,5-hexachloro- U058 50±18±0 Cyclophosphamide U240 1 94±75±7 2,4-D, salts & esters U059 20830±81±3 Daunomycin U060 72±54±8 DDD U061 50±29±3 DDT U062 2303±16±4 Diallate U063 53±70±3 Dibenz[a,h]anthracene U064 189±55±9 Dibenzo[a,i]pyrene U066 96±12±8 1,2-Dibromo-3-chloropropane U069 84±74±2 Dibutyl phthalate U070 95±50±1 o-Dichlorobenzene U071 541±73±1 m-Dichlorobenzene U072 106±46±7 p-Dichlorobenzene U073 91±94±1 3,3′-Dichlorobenzidine U074 764±41±0 1,4-Dichloro-2-butene (I,T) U075 75±71±8 Dichlorodifluoromethane U078 75±35±4 1,1-Dichloroethylene U079 156±60±5 1,2-Dichloroethylene U025 111±44±4 Dichloroethyl ether U027 108±60±1 Dichloroisopropyl ether U024 111±91±1 Dichloromethoxy ethane U081 120±83±2 2,4-Dichlorophenol U082 87±65±0 2,6-Dichlorophenol U084 542±75±6 1,3-Dichloropropene U085 1464±53±5 1,2:3,4-Diepoxybutane (I,T) U108 123±91±1 1,4-Diethyleneoxide U028 117±81±7 Diethylhexyl phthalate U395 5952±26±1 Diethylene glycol, dicarbamate. U086 1615±80±1 N,N′-Diethylhydrazine U087 3288±58±2 O,O-Diethyl S-methyl dithiophosphate U088 84±66±2 Diethyl phthalate U089 56±53±1 Diethylstilbesterol U090 94±58±6 Dihydrosafrole U091 119±90±4 3,3′-Dimethoxybenzidine U092 124±40±3 Dimethylamine (I) U093 60±11±7 p-Dimethylaminoazobenzene U094 57±97±6 7,12-Dimethylbenz[a]anthracene U095 119±93±7 3,3′-Dimethylbenzidine U096 80±15±9 alpha,alpha-Dimethylbenzylhydroperoxide (R) U097 79±44±7 Dimethylcarbamoyl chloride U098 57±14±7 1,1-Dimethylhydrazine
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Haz- ardous Chemical ab- waste stracts No. Substance No.
U099 540±73±8 1,2-Dimethylhydrazine U101 105±67±9 2,4-Dimethylphenol U102 131±11±3 Dimethyl phthalate U103 77±78±1 Dimethyl sulfate U105 121±14±2 2,4-Dinitrotoluene U106 606±20±2 2,6-Dinitrotoluene U107 117±84±0 Di-n-octyl phthalate U108 123±91±1 1,4-Dioxane U109 122±66±7 1,2-Diphenylhydrazine U110 142±84±7 Dipropylamine (I) U111 621±64±7 Di-n-propylnitrosamine U041 106±89±8 Epichlorohydrin U001 75±07±0 Ethanal (I) U404 121±44±8 Ethanamine, N,N-diethyl- U174 55±18±5 Ethanamine, N-ethyl-N-nitroso- U155 91±80±5 1,2-Ethanediamine, N,N-dimethyl-N′-2-pyridinyl-N′-(2-thienylmethyl)- U067 106±93±4 Ethane, 1,2-dibromo- U076 75±34±3 Ethane, 1,1-dichloro- U077 107±06±2 Ethane, 1,2-dichloro- U131 67±72±1 Ethane, hexachloro- U024 111±91±1 Ethane, 1,1′-[methylenebis(oxy)]bis[2-chloro- U117 60±29±7 Ethane, 1,1′-oxybis-(I) U025 111±44±4 Ethane, 1,1′-oxybis[2-chloro- U184 76±01±7 Ethane, pentachloro- U208 630±20±6 Ethane, 1,1,1,2-tetrachloro- U209 79±34±5 Ethane, 1,1,2,2-tetrachloro- U218 62±55±5 Ethanethioamide U226 71±55±6 Ethane, 1,1,1-trichloro- U227 79±00±5 Ethane, 1,1,2-trichloro- U410 59669±26±0 Ethanimidothioic acid, N,N'- [thiobis[(methylimino)carbonyloxy]]bis-, dimethyl ester U394 30558±43±1 Ethanimidothioic acid, 2-(dimethylamino)-N-hydroxy-2-oxo-, methyl ester. U359 110±80±5 Ethanol, 2-ethoxy- U173 1116±54±7 Ethanol, 2,2′-(nitrosoimino)bis- U395 5952±26±1 Ethanol, 2,2′-oxybis-, dicarbamate. U004 98±86±2 Ethanone, 1-phenyl- U043 75±01±4 Ethene, chloro- U042 110±75±8 Ethene, (2-chloroethoxy)- U078 75±35±4 Ethene, 1,1-dichloro- U079 156±60±5 Ethene, 1,2-dichloro-, (E)- U210 127±18±4 Ethene, tetrachloro- U228 79±01±6 Ethene, trichloro- U112 141±78±6 Ethyl acetate (I) U113 140±88±5 Ethyl acrylate (I) U238 51±79±6 Ethyl carbamate (urethane) U117 60±29±7 Ethyl ether (I) U114 1 111±54±6 Ethylenebisdithiocarbamic acid, salts & esters U067 106±93±4 Ethylene dibromide U077 107±06±2 Ethylene dichloride U359 110±80±5 Ethylene glycol monoethyl ether U115 75±21±8 Ethylene oxide (I,T) U116 96±45±7 Ethylenethiourea U076 75±34±3 Ethylidene dichloride U118 97±63±2 Ethyl methacrylate U119 62±50±0 Ethyl methanesulfonate U120 206±44±0 Fluoranthene U122 50±00±0 Formaldehyde U123 64±18±6 Formic acid (C,T) U124 110±00±9 Furan (I) U125 98±01±1 2-Furancarboxaldehyde (I) U147 108±31±6 2,5-Furandione U213 109±99±9 Furan, tetrahydro-(I) U125 98±01±1 Furfural (I) U124 110±00±9 Furfuran (I) U206 18883±66±4 Glucopyranose, 2-deoxy-2-(3-methyl-3-nitrosoureido)-, D- U206 18883±66±4 D-Glucose, 2-deoxy-2-[[(methylnitrosoamino)- carbonyl]amino]- U126 765±34±4 Glycidylaldehyde U163 70±25±7 Guanidine, N-methyl-N′-nitro-N-nitroso- U127 118±74±1 Hexachlorobenzene U128 87±68±3 Hexachlorobutadiene U130 77±47±4 Hexachlorocyclopentadiene U131 67±72±1 Hexachloroethane
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Haz- ardous Chemical ab- waste stracts No. Substance No.
U132 70±30±4 Hexachlorophene U243 1888±71±7 Hexachloropropene U133 302±01±2 Hydrazine (R,T) U086 1615±80±1 Hydrazine, 1,2-diethyl- U098 57±14±7 Hydrazine, 1,1-dimethyl- U099 540±73±8 Hydrazine, 1,2-dimethyl- U109 122±66±7 Hydrazine, 1,2-diphenyl- U134 7664±39±3 Hydrofluoric acid (C,T) U134 7664±39±3 Hydrogen fluoride (C,T) U135 7783±06±4 Hydrogen sulfide U135 7783±06±4 Hydrogen sulfide H2 S U096 80±15±9 Hydroperoxide, 1-methyl-1-phenylethyl- (R) U116 96±45±7 2-Imidazolidinethione U137 193±39±5 Indeno[1,2,3-cd]pyrene U190 85±44±9 1,3-Isobenzofurandione U140 78±83±1 Isobutyl alcohol (I,T) U141 120±58±1 Isosafrole U142 143±50±0 Kepone U143 303±34±4 Lasiocarpine U144 301±04±2 Lead acetate U146 1335±32±6 Lead, bis(acetato-O)tetrahydroxytri- U145 7446±27±7 Lead phosphate U146 1335±32±6 Lead subacetate U129 58±89±9 Lindane U163 70±25±7 MNNG U147 108±31±6 Maleic anhydride U148 123±33±1 Maleic hydrazide U149 109±77±3 Malononitrile U150 148±82±3 Melphalan U151 7439±97±6 Mercury U152 126±98±7 Methacrylonitrile (I, T) U092 124±40±3 Methanamine, N-methyl- (I) U029 74±83±9 Methane, bromo- U045 74±87±3 Methane, chloro- (I, T) U046 107±30±2 Methane, chloromethoxy- U068 74±95±3 Methane, dibromo- U080 75±09±2 Methane, dichloro- U075 75±71±8 Methane, dichlorodifluoro- U138 74±88±4 Methane, iodo- U119 62±50±0 Methanesulfonic acid, ethyl ester U211 56±23±5 Methane, tetrachloro- U153 74±93±1 Methanethiol (I, T) U225 75±25±2 Methane, tribromo- U044 67±66±3 Methane, trichloro- U121 75±69±4 Methane, trichlorofluoro- U036 57±74±9 4,7-Methano-1H-indene, 1,2,4,5,6,7,8,8-octachloro-2,3,3a,4,7,7a-hexahydro- U154 67±56±1 Methanol (I) U155 91±80±5 Methapyrilene U142 143±50±0 1,3,4-Metheno-2H-cyclobuta[cd]pentalen-2-one, 1,1a,3,3a,4,5,5,5a,5b,6-decachlorooctahydro- U247 72±43±5 Methoxychlor U154 67±56±1 Methyl alcohol (I) U029 74±83±9 Methyl bromide U186 504±60±9 1-Methylbutadiene (I) U045 74±87±3 Methyl chloride (I,T) U156 79±22±1 Methyl chlorocarbonate (I,T) U226 71±55±6 Methyl chloroform U157 56±49±5 3-Methylcholanthrene U158 101±14±4 4,4′-Methylenebis(2-chloroaniline) U068 74±95±3 Methylene bromide U080 75±09±2 Methylene chloride U159 78±93±3 Methyl ethyl ketone (MEK) (I,T) U160 1338±23±4 Methyl ethyl ketone peroxide (R,T) U138 74±88±4 Methyl iodide U161 108±10±1 Methyl isobutyl ketone (I) U162 80±62±6 Methyl methacrylate (I,T) U161 108±10±1 4-Methyl-2-pentanone (I) U164 56±04±2 Methylthiouracil U010 50±07±7 Mitomycin C U059 20830±81±3 5,12-Naphthacenedione, 8-acetyl-10-[(3-amino-2,3,6-trideoxy)-alpha-L-lyxo-hexopyranosyl)oxy]- 7,8,9,10-tetrahydro-6,8,11-trihydroxy-1-methoxy-, (8S-cis)- U167 134±32±7 1-Naphthalenamine U168 91±59±8 2-Naphthalenamine
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Haz- ardous Chemical ab- waste stracts No. Substance No.
U026 494±03±1 Naphthalenamine, N,N′-bis(2-chloroethyl)- U165 91±20±3 Naphthalene U047 91±58±7 Naphthalene, 2-chloro- U166 130±15±4 1,4-Naphthalenedione U236 72±57±1 2,7-Naphthalenedisulfonic acid, 3,3′-[(3,3′- dimethyl[1,1′-biphenyl]-4,4′-diyl)bis(azo)bis[5-amino-4-hydroxy]-, tetrasodium salt U279 63±25±2 1-Naphthalenol, methylcarbamate. U166 130±15±4 1,4-Naphthoquinone U167 134±32±7 alpha-Naphthylamine U168 91±59±8 beta-Naphthylamine U217 10102±45±1 Nitric acid, thallium(1+) salt U169 98±95±3 Nitrobenzene (I,T) U170 100±02±7 p-Nitrophenol U171 79±46±9 2-Nitropropane (I,T) U172 924±16±3 N-Nitrosodi-n-butylamine U173 1116±54±7 N-Nitrosodiethanolamine U174 55±18±5 N-Nitrosodiethylamine U176 759±73±9 N-Nitroso-N-ethylurea U177 684±93±5 N-Nitroso-N-methylurea U178 615±53±2 N-Nitroso-N-methylurethane U179 100±75±4 N-Nitrosopiperidine U180 930±55±2 N-Nitrosopyrrolidine U181 99±55±8 5-Nitro-o-toluidine U193 1120±71±4 1,2-Oxathiolane, 2,2-dioxide U058 50±18±0 2H-1,3,2-Oxazaphosphorin-2-amine, N,N-bis(2-chloroethyl)tetrahydro-, 2-oxide U115 75±21±8 Oxirane (I,T) U126 765±34±4 Oxiranecarboxyaldehyde U041 106±89±8 Oxirane, (chloromethyl)- 2 123±63±7 Paraldehyde U183 608±93±5 Pentachlorobenzene U184 76±01±7 Pentachloroethane U185 82±68±8 Pentachloronitrobenzene (PCNB) See 87±86±5 Pentachlorophenol F027 U161 108±10±1 Pentanol, 4-methyl- U186 504±60±9 1,3-Pentadiene (I) U187 62±44±2 Phenacetin U188 108±95±2 Phenol U048 95±57±8 Phenol, 2-chloro- U039 59±50±7 Phenol, 4-chloro-3-methyl- U081 120±83±2 Phenol, 2,4-dichloro- U082 87±65±0 Phenol, 2,6-dichloro- U089 56±53±1 Phenol, 4,4′-(1,2-diethyl-1,2-ethenediyl)bis-, (E)- U101 105±67±9 Phenol, 2,4-dimethyl- U052 1319±77±3 Phenol, methyl- U132 70±30±4 Phenol, 2,2′-methylenebis[3,4,6-trichloro- U411 114±26±1 Phenol, 2-(1-methylethoxy)-, methylcarbamate. U170 100±02±7 Phenol, 4-nitro- See 87±86±5 Phenol, pentachloro- F027 See 58±90±2 Phenol, 2,3,4,6-tetrachloro- F027 See 95±95±4 Phenol, 2,4,5-trichloro- F027 See 88±06±2 Phenol, 2,4,6-trichloro- F027 U150 148±82±3 L-Phenylalanine, 4-[bis(2-chloroethyl)amino]- U145 7446±27±7 Phosphoric acid, lead(2+) salt (2:3) U087 3288±58±2 Phosphorodithioic acid, O,O-diethyl S-methyl ester U189 1314±80±3 Phosphorus sulfide (R) U190 85±44±9 Phthalic anhydride U191 109±06±8 2-Picoline U179 100±75±4 Piperidine, 1-nitroso- U192 23950±58±5 Pronamide U194 107±10±8 1-Propanamine (I,T) U111 621±64±7 1-Propanamine, N-nitroso-N-propyl- U110 142±84±7 1-Propanamine, N-propyl- (I) U066 96±12±8 Propane, 1,2-dibromo-3-chloro- U083 78±87±5 Propane, 1,2-dichloro- U149 109±77±3 Propanedinitrile U171 79±46±9 Propane, 2-nitro- (I,T)
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Haz- ardous Chemical ab- waste stracts No. Substance No.
U027 108±60±1 Propane, 2,2′-oxybis[2-chloro- U193 1120±71±4 1,3-Propane sultone See 93±72±1 Propanoic acid, 2-(2,4,5-trichlorophenoxy)- F027 U235 126±72±7 1-Propanol, 2,3-dibromo-, phosphate (3:1) U140 78±83±1 1-Propanol, 2-methyl- (I,T) U002 67±64±1 2-Propanone (I) U007 79±06±1 2-Propenamide U084 542±75±6 1-Propene, 1,3-dichloro- U243 1888±71±7 1-Propene, 1,1,2,3,3,3-hexachloro- U009 107±13±1 2-Propenenitrile U152 126±98±7 2-Propenenitrile, 2-methyl- (I,T) U008 79±10±7 2-Propenoic acid (I) U113 140±88±5 2-Propenoic acid, ethyl ester (I) U118 97±63±2 2-Propenoic acid, 2-methyl-, ethyl ester U162 80±62±6 2-Propenoic acid, 2-methyl-, methyl ester (I,T) U373 122±42±9 Propham. U411 114±26±1 Propoxur. U387 52888±80±9 Prosulfocarb. U194 107±10±8 n-Propylamine (I,T) U083 78±87±5 Propylene dichloride U148 123±33±1 3,6-Pyridazinedione, 1,2-dihydro- U196 110±86±1 Pyridine U191 109±06±8 Pyridine, 2-methyl- U237 66±75±1 2,4-(1H,3H)-Pyrimidinedione, 5-[bis(2- chloroethyl)amino]- U164 56±04±2 4(1H)-Pyrimidinone, 2,3-dihydro-6-methyl-2-thioxo- U180 930±55±2 Pyrrolidine, 1-nitroso- U200 50±55±5 Reserpine U201 108±46±3 Resorcinol U202 1 81±07±2 Saccharin, & salts U203 94±59±7 Safrole U204 7783±00±8 Selenious acid U204 7783±00±8 Selenium dioxide U205 7488±56±4 Selenium sulfide U205 7488±56±4 Selenium sulfide SeS2 (R,T) U015 115±02±6 L-Serine, diazoacetate (ester) See 93±72±1 Silvex (2,4,5-TP) F027 U206 18883±66±4 Streptozotocin U103 77±78±1 Sulfuric acid, dimethyl ester U189 1314±80±3 Sulfur phosphide (R) See 93±76±5 2,4,5-T F027 U207 95±94±3 1,2,4,5-Tetrachlorobenzene U208 630±20±6 1,1,1,2-Tetrachloroethane U209 79±34±5 1,1,2,2-Tetrachloroethane U210 127±18±4 Tetrachloroethylene See 58±90±2 2,3,4,6-Tetrachlorophenol F027 U213 109±99±9 Tetrahydrofuran (I) U214 563±68±8 Thallium(I) acetate U215 6533±73±9 Thallium(I) carbonate U216 7791±12±0 Thallium(I) chloride U216 7791±12±0 Thallium chloride Tlcl U217 10102±45±1 Thallium(I) nitrate U218 62±55±5 Thioacetamide U410 59669±26±0 Thiodicarb. U153 74±93±1 Thiomethanol (I,T) U244 137±26±8 Thioperoxydicarbonic diamide [(H2 N)C(S)]2 S2, tetramethyl- U409 23564±05±8 Thiophanate-methyl. U219 62±56±6 Thiourea U244 137±26±8 Thiram U220 108±88±3 Toluene U221 25376±45±8 Toluenediamine U223 26471±62±5 Toluene diisocyanate (R,T) U328 95±53±4 o-Toluidine U353 106±49±0 p-Toluidine U222 636±21±5 o-Toluidine hydrochloride U389 2303±17±5 Triallate. U011 61±82±5 1H-1,2,4-Triazol-3-amine U227 79±00±5 1,1,2-Trichloroethane
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Haz- ardous Chemical ab- waste stracts No. Substance No.
U228 79±01±6 Trichloroethylene U121 75±69±4 Trichloromonofluoromethane See 95±95±4 2,4,5-Trichlorophenol F027 See 88±06±2 2,4,6-Trichlorophenol F027 U404 121±44±8 Triethylamine. U234 99±35±4 1,3,5-Trinitrobenzene (R,T) U182 123±63±7 1,3,5-Trioxane, 2,4,6-trimethyl- U235 126±72±7 Tris(2,3-dibromopropyl) phosphate U236 72±57±1 Trypan blue U237 66±75±1 Uracil mustard U176 759±73±9 Urea, N-ethyl-N-nitroso- U177 684±93±5 Urea, N-methyl-N-nitroso- U043 75±01±4 Vinyl chloride U248 1 81±81±2 Warfarin, & salts, when present at concentrations of 0.3% or less U239 1330±20±7 Xylene (I) U200 50±55±5 Yohimban-16-carboxylic acid, 11,17-dimethoxy-18-[(3,4,5-trimethoxybenzoyl)oxy]-, methyl ester, (3beta,16beta,17alpha,18beta,20alpha)- U249 1314±84±7 Zinc phosphide Zn3 P2, when present at concentrations of 10% or less 1 CAS Number given for parent compound only.
[45 FR 78529, 78541, Nov. 25, 1980] (i) Prepare and follow an equipment EDITORIAL NOTE: For FEDERAL REGISTER ci- cleaning plan and clean equipment in tations affecting § 261.33, see the List of CFR accordance with this section; Sections Affected in the Finding Aids sec- (ii) Prepare and follow an equipment tion of this volume. replacement plan and replace equip- ment in accordance with this section; § 261.35 Deletion of certain hazardous or waste codes following equipment (iii) Document cleaning and replace- cleaning and replacement. ment in accordance with this section, (a) Wastes from wood preserving carried out after termination of use of processes at plants that do not resume chlorophenolic preservations. or initiate use of chlorophenolic pre- (2) Cleaning Requirements. servatives will not meet the listing def- (i) Prepare and sign a written equip- inition of F032 once the generator has ment cleaning plan that describes: met all of the requirements of para- (A) The equipment to be cleaned; graphs (b) and (c) of this section. These (B) How the equipment will be wastes may, however, continue to meet cleaned; (C) The solvent to be used in clean- another hazardous waste listing de- ing; scription or may exhibit one or more of (D) How solvent rinses will be tested; the hazardous waste characteristics. and (b) Generators must either clean or (E) How cleaning residues will be dis- replace all process equipment that may posed. have come into contact with (ii) Equipment must be cleaned as chlorophenolic formulations or con- follows: stituents thereof, including, but not (A) Remove all visible residues from limited to, treatment cylinders, sumps, process equipment; tanks, piping systems, drip pads, fork (B) Rinse process equipment with an lifts, and trams, in a manner that appropriate solvent until dioxins and minimizes or eliminates the escape of dibenzofurans are not detected in the hazardous waste or constituents, leach- final solvent rinse. ate, contaminated drippage, or haz- (iii) Analytical requirements. ardous waste decomposition products (A) Rinses must be tested in accord- to the ground water, surface water, or ance with SW–846, Method 8290. atmosphere. (B) ‘‘Not detected’’ means at or below (1) Generators shall do one of the fol- the lower method calibration limit lowing: (MCL) in Method 8290, Table 1.
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(iv) The generator must manage all (12) The following statement signed residues from the cleaning process as by the generator or his authorized rep- F032 waste. resentative: (3) Replacement requirements. I certify under penalty of law that all proc- (i) Prepare and sign a written equip- ess equipment required to be cleaned or re- ment replacement plan that describes: placed under 40 CFR 261.35 was cleaned or re- (A) The equipment to be replaced; placed as represented in the equipment (B) How the equipment will be re- cleaning and replacement plan and accom- placed; and panying documentation. I am aware that (C) How the equipment will be dis- there are significant penalties for providing false information, including the possibility posed. of fine or imprisonment. (ii) The generator must manage the discarded equipment as F032 waste. [55 FR 50482, Dec. 6, 1990, as amended at 56 (4) Documentation requirements. FR 30195, July 1, 1991] (i) Document that previous equip- ment cleaning and/or replacement was § 261.38 Comparable/Syngas Fuel Ex- clusion. performed in accordance with this sec- tion and occurred after cessation of use Wastes that meet the following com- of chlorophenolic preservatives. parable/syngas fuel requirements are (c) The generator must maintain the not solid wastes: following records documenting the (a) Comparable fuel specifications.—(1) cleaning and replacement as part of the Physical specifications.—(i) Heating facility’s operating record: value. The heating value must exceed (1) The name and address of the facil- 5,000 BTU/lbs. (11,500 J/g). ity; (ii) Viscosity. The viscosity must not (2) Formulations previously used and exceed: 50 cs, as-fired. the date on which their use ceased in (2) Constituent specifications. For com- each process at the plant; pounds listed in table 1 to this section (3) Formulations currently used in the specification levels and, where non- each process at the plant; detect is the specification, minimum (4) The equipment cleaning or re- required detection limits are: (see placement plan; Table 1). (5) The name and address of any per- (b) Synthesis gas fuel specification.— sons who conducted the cleaning and Synthesis gas fuel (i.e., syngas fuel) replacement; that is generated from hazardous waste (6) The dates on which cleaning and must: replacement were accomplished; (7) The dates of sampling and testing; (1) Have a minimum Btu value of 100 (8) A description of the sample han- Btu/Scf; dling and preparation techniques, in- (2) Contain less than 1 ppmv of total cluding techniques used for extraction, halogen; containerization, preservation, and (3) Contain less than 300 ppmv of chain-of-custody of the samples; total nitrogen other than diatomic ni- (9) A description of the tests per- trogen (N2); formed, the date the tests were per- (4) Contain less than 200 ppmv of hy- formed, and the results of the tests; drogen sulfide; and (10) The name and model numbers of (5) Contain less than 1 ppmv of each the instrument(s) used in performing hazardous constituent in the target list the tests; of appendix VIII constituents of this (11) QA/QC documentation; and part.
TABLE 1 TO § 261.38.ÐDETECTION AND DETECTION LIMIT VALUES FOR COMPARABLE FUEL SPECIFICATION
Con- Com- centration Minimum posite Heating limit required Chemical name CAS No. value value (mg/kg at detection (mg/kg) (BTU/lb) 10,000 limit BTU/lb) (mg/kg)
Total Nitrogen as N ...... NA 9000 18400 4900 ...... Total Halogens as Cl ...... NA 1000 18400 540 ......
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TABLE 1 TO § 261.38.ÐDETECTION AND DETECTION LIMIT VALUES FOR COMPARABLE FUEL SPECIFICATIONÐContinued
Con- Com- centration Minimum posite Heating limit required Chemical name CAS No. value value (mg/kg at detection (mg/kg) (BTU/lb) 10,000 limit BTU/lb) (mg/kg)
Total Organic Halogens as Cl ...... NA ...... (1) ...... Polychlorinated biphenyls, total [Arocolors, total] ...... 1336±36±3 ND ...... ND 1.4 Cyanide, total ...... 57±12±5 ND ...... ND 1.0 Metals: Antimony, total ...... 7440±36±0 ND ...... 12 ...... Arsenic, total ...... 7440±38±2 ND ...... 0.23 ...... Barium, total ...... 7440±39±3 ND ...... 23 ...... Beryllium, total ...... 7440±41±7 ND ...... 1.2 ...... Cadmium, total ...... 7440±43±9 ...... ND ...... 1.2 Chromium, total ...... 7440±47±3 ND ...... 2.3 ...... Cobalt ...... 7440±48±4 ND ...... 4.6 ...... Lead, total ...... 7439±92±1 57 18100 31 ...... Manganese ...... 7439±96±5 ND ...... 1.2 ...... Mercury, total ...... 7439±97±6 ND ...... 0.25 ...... Nickel, total ...... 7440±02±0 106 18400 58 ...... Selenium, total ...... 7782±49±2 ND ...... 0.23 ...... Silver, total ...... 7440±22±4 ND ...... 2.3 ...... Thallium, total ...... 7440±28±0 ND ...... 23 ...... Hydrocarbons: Benzo[a]anthracene ...... 56±55±3 ND ...... 2400 ...... Benzene ...... 71±43±2 8000 19600 4100 ...... Benzo[b]fluoranthene ...... 205±99±2 ND ...... 2400 ...... Benzo[k]fluoranthene ...... 207±08±9 ND ...... 2400 ...... Benzo[a]pyrene ...... 50±32±8 ND ...... 2400 ...... Chrysene ...... 218±01±9 ND ...... 2400 ...... Dibenzo[a,h]anthracene ...... 53±70±3 ND ...... 2400 ...... 7,12-Dimethylbenz[a]anthracene ...... 57±97±6 ND ...... 2400 ...... Fluoranthene ...... 206±44±0 ND ...... 2400 ...... Indeno(1,2,3-cd)pyrene ...... 193±39±5 ND ...... 2400 ...... 3-Methylcholanthrene ...... 56±49±5 ND ...... 2400 ...... Naphthalene ...... 91±20±3 6200 19400 3200 ...... Toluene ...... 108±88±3 69000 19400 36000 ...... Oxygenates: Acetophenone ...... 98±86±2 ND ...... 2400 ...... Acrolein ...... 107±02±8 ND ...... 39 ...... Allyl alcohol ...... 107±18±6 ND ...... 30 ...... Bis(2-ethylhexyl)phthalate [Di-2-ethylhexyl phthalate] ...... 117±81±7 ND ...... 2400 ...... Butyl benzyl phthalate ...... 85±68±7 ND ...... 2400 ...... o-Cresol [2-Methyl phenol] ...... 95±48±7 ND ...... 2400 ...... m-Cresol [3-Methyl phenol] ...... 108±39±4 ND ...... 2400 ...... p-Cresol [4-Methyl phenol] ...... 106±44±5 ND ...... 2400 ...... Di-n-butyl phthalate ...... 84±74±2 ND ...... 2400 ...... Diethyl phthalate ...... 84±66±2 ND ...... 2400 ...... 2,4-Dimethylphenol ...... 105±67±9 ND ...... 2400 ...... Dimethyl phthalate ...... 131±11±3 ND ...... 2400 ...... Di-n-octyl phthalate ...... 117±84±0 ND ...... 2400 ...... Endothall ...... 145±73±3 ND ...... 100 ...... Ethyl methacrylate ...... 97±63±2 ND ...... 39 ...... 2-Ethoxyethanol [Ethylene glycol monoethyl ether] ...... 110±80±5 ND ...... 100 ...... Isobutyl alcohol ...... 78±83±1 ND ...... 39 ...... Isosafrole ...... 120±58±1 ND ...... 2400 ...... Methyl ethyl ketone [2-Butanone] ...... 78±93±3 ND ...... 39 ...... Methyl methacrylate ...... 80±62±6 ND ...... 39 ...... 1,4-Naphthoquinone ...... 130±15±4 ND ...... 2400 ...... Phenol ...... 108±95±2 ND ...... 2400 ...... Propargyl alcohol [2-Propyn-1-ol] ...... 107±19±7 ND ...... 30 ...... Safrole ...... 94±59±7 ND ...... 2400 ...... Sulfonated Organics: Carbon disulfide ...... 75±15±0 ND ...... ND 39 Disulfoton ...... 298±04±4 ND ...... ND 2400 Ethyl methanesulfonate ...... 62±50±0 ND ...... ND 2400 Methyl methanesulfonate ...... 66±27±3 ND ...... ND 2400 Phorate ...... 298±02±2 ND ...... ND 2400 1,3-Propane sultone ...... 1120±71±4 ND ...... ND 100 Tetraethyldithiopyrophosphate [Sulfotepp] ...... 3689±24±5 ND ...... ND 2400 Thiophenol [Benzenethiol] ...... 108±98±5 ND ...... ND 30 O,O,O-Triethyl phosphorothioate ...... 126±68±1 ND ...... ND 2400
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TABLE 1 TO § 261.38.ÐDETECTION AND DETECTION LIMIT VALUES FOR COMPARABLE FUEL SPECIFICATIONÐContinued
Con- Com- centration Minimum posite Heating limit required Chemical name CAS No. value value (mg/kg at detection (mg/kg) (BTU/lb) 10,000 limit BTU/lb) (mg/kg)
Nitrogenated Organics: Acetonitrile [Methyl cyanide] ...... 75±05±8 ND ...... ND 39 2-Acetylaminofluorene [2-AAF] ...... 53±96±3 ND ...... ND 2400 Acrylonitrile ...... 107±13±1 ND ...... ND 39 4-Aminobiphenyl ...... 92±67±1 ND ...... ND 2400 4-Aminopyridine ...... 504±24±5 ND ...... ND 100 Aniline ...... 62±53±3 ND ...... ND 2400 Benzidine ...... 92±87±5 ND ...... ND 2400 Dibenz[a,j]acridine ...... 224±42±0 ND ...... ND 2400 O,O-Diethyl O-pyrazinyl phosphorothioate [Thionazin] ...... 297±97±2 ND ...... ND 2400 Dimethoate ...... 60±51±5 ND ...... ND 2400 p-(Dimethylamino) azobenzene [4-Dime thylaminoazobenzene] ...... 60±11±7 ND ...... ND 2400 3,3′-Dimethylbenzidine ...... 119±93±7 ND ...... ND 2400 α,α-Dimethylphenethylamine ...... 122±09±8 ND ...... ND 2400 3,3′-Dimethoxybenzidine ...... 119±90±4 ND ...... ND 100 1,3-Dinitrobenzene [m-Dinitrobenzene] ...... 99±65±0 ND ...... ND 2400 4,6-Dinitro-o-cresol ...... 534±52±1 ND ...... ND 2400 2,4-Dinitrophenol ...... 51±28±5 ND ...... ND 2400 2,4-Dinitrotoluene ...... 121±14±2 ND ...... ND 2400 2,6-Dinitrotoluene ...... 606±20±2 ND ...... ND 2400 Dinoseb [2-sec-Butyl-4,6-dinitrophenol] ...... 88±85±7 ND ...... ND 2400 Diphenylamine ...... 122±39±4 ND ...... ND 2400 Ethyl carbamate [Urethane] ...... 51±79±6 ND ...... ND 100 Ethylenethiourea (2-Imidazolidinethione) ...... 96±45±7 ND ...... ND 110 Famphur ...... 52±85±7 ND ...... ND 2400 Methacrylonitrile ...... 126±98±7 ND ...... ND 39 Methapyrilene ...... 91±80±5 ND ...... ND 2400 Methomyl ...... 16752±77±5 ND ...... ND 57 2-Methyllactonitrile, [Acetone cyanohydrin] ...... 75±86±5 ND ...... ND 100 Methyl parathion ...... 298±00±0 ND ...... ND 2400 MNNG (N-Metyl-N-nitroso-N'-nitroguanidine) ...... 70±25±7 ND ...... ND 110 1-Naphthylamine, [α-Naphthylamine] ...... 134±32±7 ND ...... ND 2400 2-Naphthylamine, [β-Naphthylamine] ...... 91±59±8 ND ...... ND 2400 Nicotine ...... 54±11±5 ND ...... ND 100 4-Nitroaniline, [p-Nitroaniline] ...... 100±01±6 ND ...... ND 2400 Nitrobenzene ...... 98±95±3 ND ...... ND 2400 p-Nitrophenol, [p-Nitrophenol] ...... 100±02±7 ND ...... ND 2400 5-Nitro-o-toluidine ...... 99±55±8 ND ...... ND 2400 N-Nitrosodi-n-butylamine ...... 924±16±3 ND ...... ND 2400 N-Nitrosodiethylamine ...... 55±18±5 ND ...... ND 2400 N-Nitrosodiphenylamine, [Diphenylnitrosamine] ...... 86±30±6 ND ...... ND 2400 N-Nitroso-N-methylethylamine ...... 10595±95±6 ND ...... ND 2400 N-Nitrosomorpholine ...... 59±89±2 ND ...... ND 2400 N-Nitrosopiperidine ...... 100±75±4 ND ...... ND 2400 N-Nitrosopyrrolidine ...... 930±55±2 ND ...... ND 2400 2-Nitropropane ...... 79±46±9 ND ...... ND 30 Parathion ...... 56±38±2 ND ...... ND 2400 Phenacetin ...... 62±44±2 ND ...... ND 2400 1,4-Phenylene diamine, [p-Phenylenediamine] ...... 106±50±3 ND ...... ND 2400 N-Phenylthiourea ...... 103±85±5 ND ...... ND 57 2-Picoline [alpha-Picoline] ...... 109±06±8 ND ...... ND 2400 Propylthioracil, [6-Propyl-2-thiouracil] ...... 51±52±5 ND ...... ND 100 Pyridine ...... 110±86±1 ND ...... ND 2400 Strychnine ...... 57±24±9 ND ...... ND 100 Thioacetamide ...... 62±55±5 ND ...... ND 57 Thiofanox ...... 39196±18±4 ND ...... ND 100 Thiourea ...... 62±56±6 ND ...... ND 57 Toluene-2,4-diamine [2,4-Diaminotoluene] ...... 95±80±7 ND ...... ND 57 Toluene-2,6-diamine [2,6-Diaminotoluene] ...... 823±40±5 ND ...... ND 57 o-Toluidine ...... 95±53±4 ND ...... ND 2400 p-Toluidine ...... 106±49±0 ND ...... ND 100 1,3,5-Trinitrobenzene, [sym-Trinitobenzene] ...... 99±35±4 ND ...... ND 2400 Halogenated Organic: Allyl chloride ...... 107±05±1 ND ...... ND 39 Aramite ...... 140±57±8 ND ...... ND 2400 Benzal chloride [Dichloromethyl benzene] ...... 98±87±3 ND ...... ND 100
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TABLE 1 TO § 261.38.ÐDETECTION AND DETECTION LIMIT VALUES FOR COMPARABLE FUEL SPECIFICATIONÐContinued
Con- Com- centration Minimum posite Heating limit required Chemical name CAS No. value value (mg/kg at detection (mg/kg) (BTU/lb) 10,000 limit BTU/lb) (mg/kg)
Benzyl chloride ...... 100±44±77 ND ...... ND 100 bis(2-Chloroethyl)ether [Dichoroethyl ether] ...... 111±44±4 ND ...... ND 2400 Bromoform [Tribromomethane] ...... 75±25±2 ND ...... ND 39 Bromomethane [Methyl bromide] ...... 74±83±9 ND ...... ND 39 4-Bromophenyl phenyl ether [p-Bromo diphenyl ether] ...... 101±55±3 ND ...... ND 2400 Carbon tetrachloride ...... 56±23±5 ND ...... ND 39 Chlordane ...... 57±74±9 ND ...... ND 14 p-Chloroaniline ...... 106±47±8 ND ...... ND 2400 Chlorobenzene ...... 108±90±7 ND ...... ND 39 Chlorobenzilate ...... 510±15±6 ND ...... ND 2400 p-Chloro-m-cresol ...... 59±50±7 ND ...... ND 2400 2-Chloroethyl vinyl ether ...... 110±75±8 ND ...... ND 39 Chloroform ...... 67±66±3 ND ...... ND 39 Chloromethane [Methyl chloride] ...... 74±87±3 ND ...... ND 39 2-Chloronaphthalene [beta-Chloronaphthalene] ...... 91±58±7 ND ...... ND 2400 2-Chlorophenol [o-Chlorophenol] ...... 95±57±8 ND ...... ND 2400 Chloroprene [2-Chloro-1,3-butadiene] ...... 1126±99±8 ND ...... ND 39 2,4-D [2,4-Dichlorophenoxyacetic acid] ...... 94±75±7 ND ...... ND 7.0 Diallate ...... 2303±16±4 ND ...... ND 2400 1,2-Dibromo-3-chloropropane ...... 96±12±8 ND ...... ND 39 1,2-Dichlorobenzene [o-Dichlorobenzene] ...... 95±50±1 ND ...... ND 2400 1,3-Dichlorobenzene [m-Dichlorobenzene] ...... 541±73±1 ND ...... ND 2400 1,4-Dichlorobenzene [p-Dichlorobenzene] ...... 106±46±7 ND ...... ND 2400 3,3′-Dichlorobenzidine ...... 91±94±1 ND ...... ND 2400 Dichlorodifluoromethane [CFC±12] ...... 75±71±8 ND ...... ND 39 1,2-Dichloroethane [Ethylene dichloride] ...... 107±06±2 ND ...... ND 39 1,1-Dichloroethylene [Vinylidene chloride] ...... 75±35±4 ND ...... ND 39 Dichloromethoxy ethane [Bis(2-chloroethoxy)methane ...... 111±91±1 ND ...... ND 2400 2,4-Dichlorophenol ...... 120±83±2 ND ...... ND 2400 2,6-Dichlorophenol ...... 87±65±0 ND ...... ND 2400 1,2-Dichloropropane [Propylene dichloride] ...... 78±87±5 ND ...... ND 39 cis-1,3-Dichloropropylene ...... 10061±01±5 ND ...... ND 39 trans-1,3-Dichloropropylene ...... 10061±02±6 ND ...... ND 39 1,3-Dichloro-2-propanol ...... 96±23±1 ND ...... ND 30 Endosulfan I ...... 959±98±8 ND ...... ND 1.4 Endosulfan II ...... 33213±65±9 ND ...... ND 1.4 Endrin ...... 72±20±8 ND ...... ND 1.4 Endrin aldehyde ...... 7421±93±4 ND ...... ND 1.4 Endrin Ketone ...... 53494±70±5 ND ...... ND 1.4 Epichlorohydrin [1-Chloro-2,3-epoxy propane] ...... 106±89±8 ND ...... ND 30 Ethylidene dichloride [1,1-Dichloroethane] ...... 75±34±3 ND ...... ND 39 2-Fluoroacetamide ...... 640±19±7 ND ...... ND 100 Heptachlor ...... 76±44±8 ND ...... ND 1.4 Heptachlor epoxide ...... 1024±57±3 ND ...... ND 2.8 Hexachlorobenzene ...... 118±74±1 ND ...... ND 2400 Hexachloro-1,3-butadiene [Hexachlorobutadiene] ...... 87±68±3 ND ...... ND 2400 Hexachlorocyclopentadiene ...... 77±47±4 ND ...... ND 2400 Hexachloroethane ...... 67±72±1 ND ...... ND 2400 Hexachlorophene ...... 70±30±4 ND ...... ND 59000 Hexachloropropene [Hexachloropropylene] ...... 1888±71±7 ND ...... ND 2400 Isodrin ...... 465±73±6 ND ...... ND 2400 Kepone [Chlordecone] ...... 143±50±0 ND ...... ND 4700 Lindane [gamma-BHC] [gamma-Hexachlorocyclohexane] ...... 58±89±9 ND ...... ND 1.4 Methylene chloride [Dichloromethane] ...... 75±09±2 ND ...... ND 39 4,4′-Methylene-bis(2-chloroaniline) ...... 101±14±4 ND ...... ND 100 Methyl iodide [Iodomethane] ...... 74±88±4 ND ...... ND 39 Pentachlorobenzene ...... 608±93±5 ND ...... ND 2400 Pentachloroethane ...... 76±01±7 ND ...... ND 39 Pentachloronitrobenzene [PCNB] [Quintobenzene] [Quintozene] ...... 82±68±8 ND ...... ND 2400 Pentachlorophenol ...... 87±86±5 ND ...... ND 2400 Pronamide ...... 23950±58±5 ND ...... ND 2400 Silvex [2,4,5-Trichlorophenoxypropionic acid] ...... 93±72±1 ND ...... ND 7.0 2,3,7,8-Tetrachlorodibenzo-p-dioxin [2,3,7,8-TCDD] ...... 1746±01±6 ND ...... ND 30 1,2,4,5-Tetrachlorobenzene ...... 95±94±3 ND ...... ND 2400 1,1,2,2-Tetrachloroethane ...... 79±34±5 ND ...... ND 39 Tetrachloroethylene [Perchloroethylene] ...... 127±18±4 ND ...... ND 39
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TABLE 1 TO § 261.38.ÐDETECTION AND DETECTION LIMIT VALUES FOR COMPARABLE FUEL SPECIFICATIONÐContinued
Con- Com- centration Minimum posite Heating limit required Chemical name CAS No. value value (mg/kg at detection (mg/kg) (BTU/lb) 10,000 limit BTU/lb) (mg/kg)
2,3,4,6-Tetrachlorophenol ...... 58±90±2 ND ...... ND 2400 1,2,4-Trichlorobenzene ...... 120±82±1 ND ...... ND 2400 1,1,1-Trichloroethane [Methyl chloroform] ...... 71±55±6 ND ...... ND 39 1,1,2-Trichloroethane [Vinyl trichloride] ...... 79±00±5 ND ...... ND 39 Trichloroethylene ...... 79±01±6 ND ...... ND 39 Trichlorofluoromethane [Trichlormonofluoromethane] ...... 75±69±4 ND ...... ND 39 2,4,5-Trichlorophenol ...... 95±95±4 ND ...... ND 2400 2,4,6-Trichlorophenol ...... 88±06±2 ND ...... ND 2400 1,2,3-Trichloropropane ...... 96±18±4 ND ...... ND 39 Vinyl Chloride ...... 75±01±4 ND ...... ND 39 Notes: NAÐNot Applicable. NDÐNondetect. 1 25 or individual halogenated organics listed below.
(c) Implementation.—Waste that meets ator shall specify at which sites the the comparable or syngas fuel speci- comparable/syngas fuel will be gen- fications provided by paragraphs (a) or erated; (b) of this section (these constituent (C) A comparable/syngas fuel genera- levels must be achieved by the com- tor’s notification to the Directors must parable fuel when generated, or as a re- contain the following items: sult of treatment or blending, as pro- (1) The name, address, and RCRA ID vided in paragraphs (c)(3) or (4) of this number of the person/facility claiming section) is excluded from the definition the exclusion; of solid waste provided that the fol- (2) The applicable EPA Hazardous lowing requirements are met: Waste Codes for the hazardous waste; (1) Notices—For purposes of this sec- (3) Name and address of the units, tion, the person claiming and quali- meeting the requirements of paragraph fying for the exclusion is called the (c)(2) of this section, that will burn the comparable/syngas fuel generator and comparable/syngas fuel; and the person burning the comparable/ (4) The following statement is signed syngas fuel is called the comparable/ and submitted by the person claiming syngas burner. The person who gen- the exclusion or his authorized rep- erates the comparable fuel or syngas resentative: fuel must claim and certify to the ex- clusion. Under penalty of criminal and civil pros- ecution for making or submitting false state- (i) State RCRA and CAA Directors in ments, representations, or omissions, I cer- Authorized States or Regional RCRA tify that the requirements of 40 CFR 261.38 and CAA Directors in Unauthorized have been met for all waste identified in this States.— notification. Copies of the records and infor- (A) The generator must submit a one- mation required at 40 CFR 261.28(c)(10) are time notice to the Regional or State available at the comparable/syngas fuel gen- erator’s facility. Based on my inquiry of the RCRA and CAA Directors, in whose ju- individuals immediately responsible for ob- risdiction the exclusion is being taining the information, the information is, claimed and where the comparable/ to the best of my knowledge and belief, true, syngas fuel will be burned, certifying accurate, and complete. I am aware that compliance with the conditions of the there are significant penalties for submit- exclusion and providing documentation ting false information, including the possi- as required by paragraph (c)(1)(i)(C) of bility of fine and imprisonment for knowing this section; violations. (B) If the generator is a company (ii) Public notice.—Prior to burning that generates comparable/syngas fuel an excluded comparable/syngas fuel, at more than one facility, the gener- the burner must publish in a major
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newspaper of general circulation local specifications of paragraphs (a)(1)(i) to the site where the fuel will be and (a)(2) of this section; burned, a notice entitled ‘‘Notification (ii) Be blended at a facility that is of Burning a Comparable/Syngas Fuel subject to the applicable requirements Excluded Under the Resource Con- of parts 264 and 265, or § 262.34 of this servation and Recovery Act’’ con- chapter; and taining the following information: (iii) Not violate the dilution prohibi- (A) Name, address, and RCRA ID tion of paragraph (c)(6) of this chapter. number of the generating facility; (4) Treatment to meet the comparable (B) Name and address of the unit(s) fuel exclusion specifications.—(i) A haz- that will burn the comparable/syngas ardous waste may be treated to meet fuel; the exclusion specifications of para- (C) A brief, general description of the graphs (a)(1) and (2) of this section pro- manufacturing, treatment, or other vided the treatment: process generating the comparable/ (A) Destroys or removes the con- syngas fuel; stituent listed in the specification or (D) An estimate of the average and raises the heating value by removing maximum monthly and annual quan- or destroying hazardous constituents tity of the waste claimed to be ex- or materials; cluded; and (B) Is performed at a facility that is (E) Name and mailing address of the subject to the applicable requirements Regional or State Directors to whom of parts 264 and 265, or § 262.34 of this the claim was submitted. Chapter; and (2) Burning.—The comparable/syngas (C) Does not violate the dilution pro- fuel exclusion for fuels meeting the re- hibition of paragraph (c)(6) of this quirements of paragraphs (a) or (b) and seciton. (c)(1) of this section applies only if the (ii) Residuals resulting from the fuel is burned in the following units treatment of a hazardous waste listed that also shall be subject to Federal/ in subpart D of this part to generate a State/local air emission requirements, comparable fuel remain a hazardous including all applicable CAA MACT re- waste. quirements: (5) Generation of a syngas fuel.—(i) A (i) Industrial furnaces as defined in syngas fuel can be generated from the § 260.10 of this chapter; processing of hazardous wastes to meet (ii) Boilers, as defined in § 260.10 of the exclusion specifications of para- this chapter, that are further defined graph (b) of this section provided the as follows: processing: (A) Industrial boilers located on the (A) Destroys or removes the con- site of a facility engaged in a manufac- stituent listed in the specification or turing process where substances are raises the heating value by removing transformed into new products, includ- or destroying constituents or mate- ing the component parts of products, rials; by mechanical or chemical processes; (B) Is performed at a facility that is or subject to the applicable requirements (B) Utility boilers used to produce of parts 264 and 265, or § 262.34 of this electric power, steam, heated or cooled chapter or is an exempt recycling unit air, or other gases or fluids for sale; pursuant to § 261.6(c) of this chapter; (iii) Hazardous waste incinerators and subject to regulation under subpart O (C) Does not violate the dilution pro- of parts 264 or 265 of this chapter or ap- hibition of paragraph (c)(6) of this plicable CAA MACT standards. chapter. (3) Blending to meet the viscosity speci- (ii) Residuals resulting from the fication.—A hazardous waste blended treatment of a hazardous waste listed to meet the viscosity specification in subpart D of this part to generate a shall: syngas fuel remain a hazardous waste. (i) As generated and prior to any (6) Dilution prohibition for comparable blending, manipulation, or processing and syngas fuels.—No generator, trans- meet the constituent and heating value porter, handler, or owner or operator of
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a treatment, storage, or disposal facil- from analytical methods written in the ity shall in any way dilute a hazardous plan or from any other activity written waste to meet the exclusion specifica- in the plan which occurred; tions of paragraph (a)(1)(i), (a)(2) or (b) (G) All laboratory results dem- of this section. onstrating that the exclusion specifica- (7) Waste analysis plans. The gener- tions have been met for the waste; and ator of a comparable/syngas fuel shall (H) All laboratory documentation develop and follow a written waste that support the analytical results, un- analysis plan which describes the pro- less a contract between the claimant cedures for sampling and analysis of and the laboratory provides for the the hazardous waste to be excluded. documentation to be maintained by the The waste analysis plan shall be devel- laboratory for the period specified in oped in accordance with the applicable paragraph (c)(11) of this section and sections of the ‘‘Test Methods for Eval- also provides for the availability of the uating Solid Waste, Physical/Chemical documentation to the claimant upon Methods’’ (SW–846). The plan shall be request. followed and retained at the facility (iii) Syngas fuel generators shall sub- excluding the waste. mit for approval, prior to performing (i) At a minimum, the plan must sampling, analysis, or any manage- specify: ment of a syngas fuel as an excluded (A) The parameters for which each waste, a waste analysis plan containing hazardous waste will be analyzed and the elements of paragraph (c)(7)(i) of the rationale for the selection of those this section to the appropriate regu- parameters; latory authority. The approval of (B) The test methods which will be waste analysis plans must be stated in used to test for these parameters; writing and received by the facility (C) The sampling method which will prior to sampling and analysis to dem- be used to obtain a representative sam- onstrate the exclusion of a syngas. The ple of the waste to be analyzed; approval of the waste analysis plan (D) The frequency with which the ini- tial analysis of the waste will be re- may contain such provisions and condi- viewed or repeated to ensure that the tions as the regulatory authority analysis is accurate and up to date; and deems appropriate. (E) If process knowledge is used in (8) Comparable fuel sampling and anal- the waste determination, any informa- ysis. (i) General. For each waste for tion prepared by the generator in mak- which an exclusion is claimed, the gen- ing such determination. erator of the hazardous waste must (ii) The waste analysis plan shall also test for all the constituents on appen- contain records of the following: dix VIII to this part, except those that (A) The dates and times waste sam- the generator determines, based on ples were obtained, and the dates the testing or knowledge, should not be samples were analyzed; present in the waste. The generator is (B) The names and qualifications of required to document the basis of each the person(s) who obtained the sam- determination that a constituent ples; should not be present. The generator (C) A description of the temporal and may not determine that any of the fol- spatial locations of the samples; lowing categories of constituents (D) The name and address of the lab- should not be present: oratory facility at which analyses of (A) A constituent that triggered the the samples were performed; toxicity characteristic for the waste (E) A description of the analytical constituents that were the basis of the methods used, including any clean-up listing of the waste stream, or con- and sample preparation methods; stituents for which there is a treat- (F) All quantitation limits achieved ment standard for the waste code in 40 and all other quality control results for CFR 268.40; the analysis (including method blanks, (B) A constituent detected in pre- duplicate analyses, matrix spikes, vious analysis of the waste; etc.), laboratory quality assurance (C) Constituents introduced into the data, and description of any deviations process that generates the waste; or
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(D) Constituents that are byproducts meet the kinematic viscosity specifica- or side reactions to the process that tions shall be analyzed as generated. generates the waste. (viii) If a comparable fuel is blended in order to meet the kinematic vis- NOTE TO PARAGRAPH (C)(8): ,Any claim under this section must be valid and accu- cosity specifications, the generator rate for all hazardous constituents; a deter- shall: mination not to test for a hazardous con- (A) Analyze the fuel as generated to stituent will not shield a generator from li- ensure that it meets the constituent ability should that constituent later be and heating value specifications; and found in the waste above the exclusion speci- (B) After blending, analyze the fuel fications. again to ensure that the blended fuel (ii) For each waste for which the ex- continues to meet all comparable/ clusion is claimed where the generator syngas fuel specifications. of the comparable/syngas fuel is not (ix) Excluded comparable/syngas fuel the original generator of the hazardous must be re-tested, at a minimum, an- waste, the generator of the comparable/ nually and must be retested after a syngas fuel may not use process knowl- process change that could change the edge pursuant to paragraph (c)(8)(i) of chemical or physical properties of the this section and must test to determine waste. that all of the constituent specifica- (9) Speculative accumulation. Any per- tions of paragraphs (a)(2) and (b) of this sons handling a comparable/syngas fuel section have been met. are subject to the speculative accumu- (iii) The comparable/syngas fuel gen- lation test under § 261.2(c)(4) of this erator may use any reliable analytical chapter. method to demonstrate that no con- (10) Records. The generator must stituent of concern is present at con- maintain records of the following in- centrations above the specification lev- formation on-site: els. It is the responsibility of the gen- (i) All information required to be erator to ensure that the sampling and submitted to the implementing author- analysis are unbiased, precise, and rep- ity as part of the notification of the resentative of the waste. For the waste claim: to be eligible for exclusion, a generator (A) The owner/operator name, ad- must demonstrate that: dress, and RCRA facility ID number of (A) Each constituent of concern is the person claiming the exclusion; not present in the waste above the (B) The applicable EPA Hazardous specification level at the 95% upper Waste Codes for each hazardous waste confidence limit around the mean; and excluded as a fuel; and (B) The analysis could have detected (C) The certification signed by the the presence of the constituent at or person claiming the exclusion or his below the specification level at the 95% authorized representative. upper confidence limit around the (ii) A brief description of the process mean. that generated the hazardous waste (iv) Nothing in this paragraph pre- and process that generated the ex- empts, overrides or otherwise negates cluded fuel, if not the same; the provision in § 262.11 of this chapter, (iii) An estimate of the average and which requires any person who gen- maximum monthly and annual quan- erates a solid waste to determine if tities of each waste claimed to be ex- that waste is a hazardous waste. cluded; (v) In an enforcement action, the bur- (iv) Documentation for any claim den of proof to establish conformance that a constituent is not present in the with the exclusion specification shall hazardous waste as required under be on the generator claiming the exclu- paragraph (c)(8)(i) of this section; sion. (v) The results of all analyses and all (vi) The generator must conduct sam- detection limits achieved as required pling and analysis in accordance with under paragraph (c)(8) of this section; their waste analysis plan developed (vi) If the excluded waste was gen- under paragraph (c)(7) of this section. erated through treatment or blending, (vii) Syngas fuel and comparable fuel documentation as required under para- that has not been blended in order to graph (c)(3) or (4) of this section;
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(vii) If the waste is to be shipped off- syngas fuel meets the specifications as site, a certification from the burner as required under paragraph (c)(8) of this required under paragraph (c)(12) of this section; and section; (E) A one-time certification by the (viii) A waste analysis plan and the burner as required under paragraph results of the sampling and analysis (c)(12) of this section. that includes the following: (11) Records retention. Records must (A) The dates and times waste sam- be maintained for the period of three ples were obtained, and the dates the years. A generator must maintain a samples were analyzed; current waste analysis plan during (B) The names and qualifications of that three year period. the person(s) who obtained the sam- (12) Burner certification. Prior to sub- ples; mitting a notification to the State and (C) A description of the temporal and Regional Directors, a comparable/ spatial locations of the samples; syngas fuel generator who intends to (D) The name and address of the lab- ship their fuel off-site for burning must oratory facility at which analyses of obtain a one-time written, signed the samples were performed; statement from the burner: (E) A description of the analytical (i) Certifying that the comparable/ methods used, including any clean-up syngas fuel will only be burned in an and sample preparation methods; industrial furnace or boiler, utility (F) All quantitation limits achieved boiler, or hazardous waste incinerator, and all other quality control results for as required under paragraph (c)(2) of the analysis (including method blanks, this section; duplicate analyses, matrix spikes, (ii) Identifying the name and address etc.), laboratory quality assurance of the units that will burn the com- data, and description of any deviations parable/syngas fuel; and from analytical methods written in the (iii) Certifying that the state in plan or from any other activity written which the burner is located is author- in the plan which occurred; ized to exclude wastes as comparable/ (G) All laboratory analytical results syngas fuel under the provisions of this demonstrating that the exclusion spec- section. ifications have been met for the waste; (13) Ineligible waste codes. Wastes that and are listed because of presence of (H) All laboratory documentation dioxins or furans, as set out in Appen- that support the analytical results, un- dix VII of this part, are not eligible for less a contract between the claimant this exclusion, and any fuel produced and the laboratory provides for the from or otherwise containing these documentation to be maintained by the wastes remains a hazardous waste sub- laboratory for the period specified in ject to full RCRA hazardous waste paragraph (c)(11) of this section and management requirements. also provides for the availability of the [63 FR 33823, June 19, 1998, as amended at 64 documentation to the claimant upon FR 53070, Sept. 30, 1999; 64 FR 63213, Nov. 19, request; and 1999] (ix) If the generator ships com- parable/syngas fuel off-site for burning, APPENDICES TO PART 261 the generator must retain for each shipment the following information on- APPENDIX I TO PART 261— site: REPRESENTATIVE SAMPLING METHODS (A) The name and address of the fa- The methods and equipment used for sam- cility receiving the comparable/syngas pling waste materials will vary with the fuel for burning; form and consistency of the waste materials (B) The quantity of comparable/ to be sampled. Samples collected using the syngas fuel shipped and delivered; sampling protocols listed below, for sam- (C) The date of shipment or delivery; pling waste with properties similar to the in- dicated materials, will be considered by the (D) A cross-reference to the record of Agency to be representative of the waste. comparable/syngas fuel analysis or Extremely viscous liquid—ASTM Standard other information used to make the de- D140–70 Crushed or powdered material— termination that the comparable/ ASTM Standard D346–75 Soil or rock-like
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material—ASTM Standard D420–69 Soil- proved methods should be employed for a like material—ASTM Standard D1452–65 specific sample analysis situation. Fly Ash-like material—ASTM Standard [58 FR 46049, Aug. 31, 1993] D2234–76 [ASTM Standards are available from ASTM, 1916 Race St., Philadelphia, APPENDIX IV TO PART 261—[RESERVED PA 19103] FOR RADIOACTIVE WASTE TEST Containerized liquid wastes—‘‘COLIWASA’’ METHODS] described in ‘‘Test Methods for the Evalua- tion of Solid Waste, Physical/Chemical APPENDIX V TO PART 261—[RESERVED Methods,’’ 1a U.S. Environmental Protec- tion Agency, Office of Solid Waste, Wash- FOR INFECTIOUS WASTE TREATMENT ington, DC 20460. [Copies may be obtained SPECIFICATIONS] from Solid Waste Information, U.S. Envi- ronmental Protection Agency, 26 W. St. APPENDIX VI TO PART 261—[RESERVED Clair St., Cincinnati, Ohio 45268] FOR ETIOLOGIC AGENTS] Liquid waste in pits, ponds, lagoons, and similar reservoirs.—‘‘Pond Sampler’’ de- APPENDIX VII TO PART 261—BASIS FOR scribed in ‘‘Test Methods for the Evalua- LISTING HAZARDOUS WASTE tion of Solid Waste, Physical/Chemical 1a EPA Methods.’’ haz- This manual also contains additional infor- ardous Hazardous constituents for which listed waste mation on application of these protocols. No.
APPENDIX II TO PART 261—METHOD 1311 F001 ..... Tetrachloroethylene, methylene chloride trichloro- TOXICITY CHARACTERISTIC LEACHING ethylene, 1,1,1-trichloroethane, carbon tetra- chloride, chlorinated fluorocarbons. PROCEDURE (TCLP) F002 ..... Tetrachloroethylene, methylene chloride, trichloro- ethylene, 1,1,1-trichloroethane, 1,1,2-trichloro- Note: The TCLP (Method 1311) is published ethane, chlorobenzene, 1,1,2-trichloro-1,2,2- in ‘‘Test Methods for Evaluating Solid trichfluoroethane, ortho-dichlorobenzene, Waste, Physical/Chemical Methods,’’ EPA trichlorofluoromethane. Publication SW–846, as incorporated by ref- F003 ..... N.A. erence in § 260.11 of this chapter. F004 ..... Cresols and cresylic acid, nitrobenzene. F005 ..... Toluene, methyl ethyl ketone, carbon disulfide, [58 FR 46049, Aug. 31, 1993] isobutanol, pyridine, 2-ethoxyethanol, benzene, 2-nitropropane. F006 ..... Cadmium, hexavalent chromium, nickel, cyanide APPENDIX III TO PART 261—CHEMICAL (complexed). ANALYSIS TEST METHODS F007 ..... Cyanide (salts). F008 ..... Cyanide (salts). Note: Appropriate analytical procedures to F009 ..... Cyanide (salts). determine whether a sample contains a given F010 ..... Cyanide (salts). toxic constituent are specified in Chapter F011 ..... Cyanide (salts). Two, ‘‘Choosing the Correct Procedure’’ F012 ..... Cyanide (complexed). found in ‘‘Test Methods for Evaluating Solid F019 ..... Hexavalent chromium, cyanide (complexed). F020 ..... Tetra- and pentachlorodibenzo-p-dioxins; tetra and Waste, Physical/Chemical Methods,’’ EPA pentachlorodi-benzofurans; tri- and Publication SW–846, as incorporated by ref- tetrachlorophenols and their chlorophenoxy de- erence in § 260.11 of this chapter. Prior to rivative acids, esters, ethers, amine and other final sampling and analysis method selec- salts. tion, the individual should consult the spe- F021 ..... Penta- and hexachlorodibenzo-p- dioxins; penta- cific section or method described in SW–846 and hexachlorodibenzofurans; pentachlorophenol and its derivatives. for additional guidance on which of the ap- F022 ..... Tetra-, penta-, and hexachlorodibenzo-p-dioxins; tetra-, penta-, and hexachlorodibenzofurans. 1a These methods are also described in F023 ..... Tetra-, and pentachlorodibenzo-p-dioxins; tetra- and pentachlorodibenzofurans; tri- and ‘‘Samplers and Sampling Procedures for Haz- tetrachlorophenols and their chlorophenoxy de- ardous Waste Streams,’’ EPA 600/2–80–018, rivative acids, esters, ethers, amine and other January 1980. salts.
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EPA EPA haz- haz- ardous Hazardous constituents for which listed ardous Hazardous constituents for which listed waste waste No. No.
F024 ..... Chloromethane, dichloromethane, trichloro- K001 ..... Pentachlorophenol, phenol, 2-chlorophenol, p- methane, carbon tetrachloride, chloroethylene, chloro-m-cresol, 2,4-dimethylphenyl, 2,4- 1,1-dichloroethane, 1,2-dichloroethane, trans-1- dinitrophenol, trichlorophenols, 2-dichloroethylene, 1,1-dichloroethylene, 1,1,1- tetrachlorophenols, 2,4-dinitrophenol, cresosote, trichloroethane, 1,1,2-trichloroethane, trichloro- chrysene, naphthalene, fluoranthene, ethylene, 1,1,1,2-tetra-chloroethane, 1,1,2,2- benzo(b)fluoranthene, benzo(a)pyrene, tetrachloroethane, tetrachloroethylene, indeno(1,2,3-cd)pyrene, benz(a)anthracene, pentachloroethane, hexachloroethane, allyl chlo- dibenz(a)anthracene, acenaphthalene. ride (3-chloropropene), dichloropropane, K002 ..... Hexavalent chromium, lead dichloropropene, 2-chloro-1,3-butadiene, K003 ..... Hexavalent chromium, lead. hexachloro-1,3-butadiene, K004 ..... Hexavalent chromium. hexachlorocyclopentadiene, K005 ..... Hexavalent chromium, lead. hexachlorocyclohexane, benzene, K006 ..... Hexavalent chromium. chlorbenzene, dichlorobenzenes, 1,2,4- K007 ..... Cyanide (complexed), hexavalent chromium. trichlorobenzene, tetrachlorobenzene, K008 ..... Hexavalent chromium. pentachlorobenzene, hexachlorobenzene, tol- K009 ..... Chloroform, formaldehyde, methylene chloride, uene, naphthalene. methyl chloride, paraldehyde, formic acid. F025 ..... Chloromethane; Dichloromethane; Trichloro- K010 ..... Chloroform, formaldehyde, methylene chloride, methane; Carbon tetrachloride; Chloroethylene; methyl chloride, paraldehyde, formic acid, 1,1-Dichloroethane; 1,2-Dichloroethane; trans- chloroacetaldehyde. 1,2-Dichloroethylene; 1,1-Dichloroethylene; K011 ..... Acrylonitrile, acetonitrile, hydrocyanic acid. 1,1,1-Trichloroethane; 1,1,2-Trichloroethane; Tri- K013 ..... Hydrocyanic acid, acrylonitrile, acetonitrile. chloroethylene; 1,1,1,2-Tetrachloroethane; K014 ..... Acetonitrile, acrylamide. 1,1,2,2-Tetrachloroethane; Tetrachloroethylene; K015 ..... Benzyl chloride, chlorobenzene, toluene, Pentachloroethane; Hexachloroethane; Allyl benzotrichloride. chloride (3-Chloropropene); Dichloropropane; K016 ..... Hexachlorobenzene, hexachlorobutadiene, carbon Dichloropropene; 2-Chloro-1,3-butadiene; tetrachloride, hexachloroethane, Hexachloro-1,3-butadiene; perchloroethylene. Hexachlorocyclopentadiene; Benzene; Chloro- K017 ..... Epichlorohydrin, chloroethers [bis(chloromethyl) benzene; Dichlorobenzene; 1,2,4-Tri- ether and bis (2-chloroethyl) ethers], chlorobenzene; Tetrachlorobenzene; trichloropropane, dichloropropanols. Pentachlorobenzene; Hexachlorobenzene; Tol- K018 ..... 1,2-dichloroethane, trichloroethylene, uene; Naphthalene. hexachlorobutadiene, hexachlorobenzene. F026 ..... Tetra-, penta-, and hexachlorodibenzo-p-dioxins; K019 ..... Ethylene dichloride, 1,1,1-trichloroethane, 1,1,2-tri- tetra-, penta-, and hexachlorodibenzofurans. chloroethane, tetrachloroethanes (1,1,2,2- F027 ..... Tetra-, penta-, and hexachlorodibenzo-p- dioxins; tetrachloroethane and 1,1,1,2- tetra-, penta-, and hexachlorodibenzofurans; tri-, tetrachloroethane), trichloroethylene, tetra-, and pentachlorophenols and their tetrachloroethylene, carbon tetrachloride, chloro- chlorophenoxy derivative acids, esters, ethers, form, vinyl chloride, vinylidene chloride. amine and other salts. K020 ..... Ethylene dichloride, 1,1,1-trichloroethane, 1,1,2-tri- F028 ..... Tetra-, penta-, and hexachlorodibenzo-p- dioxins; chloroethane, tetrachloroethanes (1,1,2,2- tetra-, penta-, and hexachlorodibenzofurans; tri-, tetrachloroethane and 1,1,1,2- tetra-, and pentachlorophenols and their tetrachloroethane), trichloroethylene, chlorophenoxy derivative acids, esters, ethers, tetrachloroethylene, carbon tetrachloride, chloro- amine and other salts. form, vinyl chloride, vinylidene chloride. F032 ..... Benz(a)anthracene, benzo(a)pyrene, dibenz(a,h)- K021 ..... Antimony, carbon tetrachloride, chloroform. anthracene, indeno(1,2,3-cd)pyrene, K022 ..... Phenol, tars (polycyclic aromatic hydrocarbons). pentachlorophenol, arsenic, chromium, tetra-, K023 ..... Phthalic anhydride, maleic anhydride. penta-, hexa-, heptachlorodibenzo-p-dioxins, K024 ..... Phthalic anhydride, 1,4-naphthoquinone. tetra-, penta-, hexa-, heptachlorodibenzofurans. K025 ..... Meta-dinitrobenzene, 2,4-dinitrotoluene. K026 ..... Paraldehyde, pyridines, 2-picoline. F034 ..... Benz(a)anthracene, benzo(k)fluoranthene, K027 ..... Toluene diisocyanate, toluene-2, 4-diamine. benzo(a)pyrene, dibenz(a,h)anthracene, K028 ..... 1,1,1-trichloroethane, vinyl chloride. indeno(1,2,3-cd)pyrene, naphthalene, arsenic, K029 ..... 1,2-dichloroethane, 1,1,1-trichloroethane, vinyl chromium. chloride, vinylidene chloride, chloroform. F035 ..... Arsenic, chromium, lead. K030 ..... Hexachlorobenzene, hexachlorobutadiene, hexa- F037 ..... Benzene, benzo(a)pyrene, chrysene, lead, chro- chloroethane, 1,1,1,2-tetrachloroethane, 1,1,2,2- mium. tetrachloroethane, ethylene dichloride. F038 ..... Benzene, benzo(a)pyrene chrysene, lead, chro- K031 ..... Arsenic. mium. K032 ..... Hexachlorocyclopentadiene. F039 ..... All constituents for which treatment standards are K033 ..... Hexachlorocyclopentadiene. specified for multi-source leachate (wastewaters K034 ..... Hexachlorocyclopentadiene. and nonwastewaters) under 40 CFR 268.43(a), K035 ..... Creosote, chrysene, naphthalene, fluoranthene Table CCW. benzo(b) fluoranthene, benzo(a)pyrene, indeno(1,2,3-cd) pyrene, benzo(a)anthracene, dibenzo(a)anthracene, acenaphthalene. K036 ..... Toluene, phosphorodithioic and phosphorothioic acid esters. K037 ..... Toluene, phosphorodithioic and phosphorothioic acid esters.
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EPA EPA haz- haz- ardous Hazardous constituents for which listed ardous Hazardous constituents for which listed waste waste No. No.
K038 ..... Phorate, formaldehyde, phosphorodithioic and K115 ..... 2,4-Toluenediamine. phosphorothioic acid esters. K116 ..... Carbon tetrachloride, tetrachloroethylene, chloro- K039 ..... Phosphorodithioic and phosphorothioic acid form, phosgene. esters. K117 ..... Ethylene dibromide. K040 ..... Phorate, formaldehyde, phosphorodithioic and K118 ..... Ethylene dibromide. phosphorothioic acid esters. K123 ..... Ethylene thiourea. K041 ..... Toxaphene. K124 ..... Ethylene thiourea. K042 ..... Hexachlorobenzene, ortho-dichlorobenzene. K125 ..... Ethylene thiourea. K043 ..... 2,4-dichlorophenol, 2,6-dichlorophenol, 2,4,6- K126 ..... Ethylene thiourea. trichlorophenol. K131 ..... Dimethyl sulfate, methyl bromide. K044 ..... N.A. K132 ..... Methyl bromide. K045 ..... N.A. K136 ..... Ethylene dibromide. K046 ..... Lead. K141 ..... Benzene, benz(a)anthracene, benzo(a)pyrene, K047 ..... N.A. benzo(b)fluoranthene, benzo(k)fluoranthene, K048 ..... Hexavalent chromium, lead. dibenz(a,h)anthracene, indeno(1,2,3-cd)pyrene. K049 ..... Hexavalent chromium, lead. K142 ..... Benzene, benz(a)anthracene, benzo(a)pyrene, K050 ..... Hexavalent chromium. benzo(b)fluoranthene, benzo(k)fluoranthene, K051 ..... Hexavalent chromium, lead. K052 ..... Lead. dibenz(a,h)anthracene, indeno(1,2,3-cd)pyrene. K060 ..... Cyanide, napthalene, phenolic compounds, ar- K143 ..... Benzene, benz(a)anthracene, senic. benzo(b)fluoranthene, benzo(k)fluoranthene. K061 ..... Hexavalent chromium, lead, cadmium. K144 ..... Benzene, benz(a)anthracene, benzo(a)pyrene, K062 ..... Hexavalent chromium, lead. benzo(b)fluoranthene, benzo(k)fluoranthene, K064 ..... Lead, cadmium. dibenz(a,h)anthracene. K065 ..... Do. K145 ..... Benzene, benz(a)anthracene, benzo(a)pyrene, K066 ..... Do. dibenz(a,h)anthracene, naphthalene. K069 ..... Hexavalent chromium, lead, cadmium. K147 ..... Benzene, benz(a)anthracene, benzo(a)pyrene, K071 ..... Mercury. benzo(b)fluoranthene, benzo(k)fluoranthene, K073 ..... Chloroform, carbon tetrachloride, dibenz(a,h)anthracene, indeno(1,2,3-cd)pyrene. hexacholroethane, trichloroethane, K148 ..... Benz(a)anthracene, benzo(a)pyrene, tetrachloroethylene, dichloroethylene, 1,1,2,2- benzo(b)fluoranthene, benzo(k)fluoranthene, tetrachloroethane. dibenz(a,h)anthracene, indeno(1,2,3-cd)pyrene. K083 ..... Aniline, diphenylamine, nitrobenzene, K149 ..... Benzotrichloride, benzyl chloride, chloroform, phenylenediamine. chloromethane, chlorobenzene, 1,4- K084 ..... Arsenic. dichlorobenzene, hexachlorobenzene, K085 ..... Benzene, dichlorobenzenes, trichlorobenzenes, pentachlorobenzene, 1,2,4,5- tetrachlorobenzenes, pentachlorobenzene, tetrachlorobenzene, toluene. hexachlorobenzene, benzyl chloride. K150 ..... Carbon tetrachloride, chloroform, chloromethane, K086 ..... Lead, hexavalent chromium. 1,4-dichlorobenzene, hexachlorobenzene, K087 ..... Phenol, naphthalene. pentachlorobenzene, 1,2,4,5- K088 ..... Cyanide (complexes). tetrachlorobenzene, 1,1,2,2-tetrachloroethane, K090 ..... Chromium. tetrachloroethylene, 1,2,4-trichlorobenzene. K091 ..... Do. K151 ..... Benzene, carbon tetrachloride, chloroform, K093 ..... Phthalic anhydride, maleic anhydride. hexachlorobenzene, pentachlorobenzene, tol- K094 ..... Phthalic anhydride. uene, 1,2,4,5-tetrachlorobenzene, K095 ..... 1,1,2-trichloroethane, 1,1,1,2-tetrachloroethane, tetrachloroethylene. 1,1,2,2-tetrachloroethane. K156 ..... Benomyl, carbaryl, carbendazim, carbofuran, K096 ..... 1,2-dichloroethane, 1,1,1-trichloroethane, 1,1,2-tri- carbosulfan, formaldehyde, methylene chloride, chloroethane. triethylamine. K097 ..... Chlordane, heptachlor. K157 ..... Carbon tetrachloride, formaldehyde, methyl chlo- K098 ..... Toxaphene. ride, methylene chloride, pyridine, triethylamine. K099 ..... 2,4-dichlorophenol, 2,4,6-trichlorophenol. K158 ..... Benomyl, carbendazim, carbofuran, carbosulfan, K100 ..... Hexavalent chromium, lead, cadmium. chloroform, methylene chloride. K101 ..... Arsenic. K159 ..... Benzene, butylate, eptc, molinate, pebulate, K102 ..... Arsenic. vernolate. K103 ..... Aniline, nitrobenzene, phenylenediamine. K161 ..... Antimony, arsenic, metam-sodium, ziram. K104 ..... Aniline, benzene, diphenylamine, nitrobenzene, K169 ..... Benzene. phenylenediamine. K170 ..... Benzo(a)pyrene, dibenz(a,h)anthracene, benzo (a) K105 ..... Benzene, monochlorobenzene, dichlorobenzenes, anthracene, benzo (b)fluoranthene, 2,4,6-trichlorophenol. benzo(k)fluoranthene, 3-methylcholanthrene, 7, K106 ..... Mercury. 12-dimethylbenz(a)anthracene. K107 ..... 1,1-Dimethylhydrazine (UDMH). K171 ..... Benzene, arsenic. K108 ..... 1,1-Dimethylhydrazine (UDMH). K172 ..... Benzene, arsenic. K109 ..... 1,1-Dimethylhydrazine (UDMH). K110 ..... 1,1-Dimethylhydrazine (UDMH). N.A.ÐWaste is hazardous because it fails the test for the K111 ..... 2,4-Dinitrotoluene. characteristic of ignitability, corrosivity, or reactivity. K112 ..... 2,4-Toluenediamine, o-toluidine, p-toluidine, ani- line. [46 FR 4619, Jan. 16, 1981] K113 ..... 2,4-Toluenediamine, o-toluidine, p-toluidine, ani- line. EDITORIAL NOTE: For FEDERAL REGISTER ci- K114 ..... 2,4-Toluenediamine, o-toluidine, p-toluidine. tations affecting Appendix VII, part 261, see
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the List of CFR Sections Affected in the Finding Aids section of this volume.
APPENDIX VIII TO PART 261—HAZARDOUS CONSTITUENTS
Chemical ab- Hazardous Common name Chemical abstracts name stracts No. waste No.
A2213 ...... Ethanimidothioic acid, 2- (dimethylamino) 30558±43±1 U394 -N-hydroxy-2-oxo-, methyl ester. Acetonitrile ...... Same ...... 75±05±8 U003 Acetophenone ...... Ethanone, 1-phenyl- ...... 98±86±2 U004 2-Acetylaminefluarone ...... Acetamide, N-9H-fluoren-2-yl- ...... 53±96±3 U005 Acetyl chloride ...... Same ...... 75±36±5 U006 1-Acetyl-2-thiourea ...... Acetamide, N-(aminothioxomethyl)- ...... 591±08±2 P002 Acrolein ...... 2-Propenal ...... 107±02±8 P003 Acrylamide ...... 2-Propenamide ...... 79±06±1 U007 Acrylonitrile ...... 2-Propenenitrile ...... 107±13±1 U009 Aflatoxins ...... Same ...... 1402±68±2 ...... Aldicarb ...... Propanal, 2-methyl-2-(methylthio)-, O- 116±06±3 P070 [(methylamino)carbonyl]oxime. Aldicarb sulfone ...... Propanal, 2-methyl-2- (methylsulfonyl) -, O- 1646±88±4 P203 [(methylamino) carbonyl] oxime. Aldrin ...... 1,4,5,8- 309±00±2 P004 Dimethanonaphthalene, 1,2,3,4,10,10-10- hexachloro-1,4,4a,5,8,8a-hexahydro-, (1alpha,4alpha,4abeta,5alpha,8alpha, 8abeta)-. Allyl alcohol ...... 2-Propen-1-ol ...... 107±18±6 P005 Allyl chloride ...... 1-Propane, 3-chloro ...... 107±18±6 ...... Aluminum phosphide ...... Same ...... 20859±73±8 P006 4-Aminobiphenyl ...... [1,1′-Biphenyl]-4-amine ...... 92±67±1 ...... 5-(Aminomethyl)-3-isoxazolol ...... 3(2H)-Isoxazolone, 5-(aminomethyl)- ...... 2763±96±4 P007 4-Aminopyridine ...... 4-Pyridinamine ...... 504±24±5 P008 Amitrole ...... 1H-1,2,4-Triazol-3-amine ...... 61±82±5 U011 Ammonium vanadate ...... Vanadic acid, ammonium salt ...... 7803±55±6 P119 Aniline ...... Benzenamine ...... 62±53±3 U012 Antimony ...... Same ...... 7440±36±0 ...... Antimony compounds, N.O.S. 1 ...... Aramite ...... Sulfurous acid, 2-chloroethyl 2-[4-(1,1- 140±57±8 ...... dimethylethyl)phenoxy]-1-methylethyl ester. Arsenic ...... Same ...... 7440±38±2 ...... Arsenic compounds, N.O.S. 1 ...... Arsenic acid ...... Arsenic acid H3 AsO4 ...... 7778±39±4 P010 Arsenic pentoxide ...... Arsenic oxide As2 O5 ...... 1303±28±2 P011 Arsenic trioxide ...... Arsenic oxide As2 O3 ...... 1327±53±3 P012 Auramine ...... Benzenamine, 4,4′-carbonimidoylbis[N,N-di- 492±80±8 U014 methyl. Azaserine ...... L-Serine, diazoacetate (ester) ...... 115±02±6 U015 Barban ...... Carbamic acid, (3-chlorophenyl) -, 4-chloro- 101±27±9 U280 2-butynyl ester. Barium ...... Same ...... 7440±39±3 ...... Barium compounds, N.O.S. 1 ...... Barium cyanide ...... Same ...... 542±62±1 P013 Bendiocarb ...... 1,3-Benzodioxol-4-ol, 2,2-dimethyl-, methyl 22781±23±3 U278 carbamate. Bendiocarb phenol ...... 1,3-Benzodioxol-4-ol, 2,2-dimethyl-, ...... 22961±82±6 U364 Benomyl ...... Carbamic acid, [1- [(butylamino) carbonyl]- 17804±35±2 U271 1H-benzimidazol-2-yl] -, methyl ester. Benz[c]acridine ...... Same ...... 225±51±4 U016 Benz[a]anthracene ...... Same ...... 56±55±3 U018 Benzal chloride ...... Benzene, (dichloromethyl)- ...... 98±87±3 U017 Benzene ...... Same ...... 71±43±2 U019 Benzenearsonic acid ...... Arsonic acid, phenyl- ...... 98±05±5 ...... Benzidine ...... [1,1′-Biphenyl]-4,4 1-diamine ...... 92±87±5 U021 Benzo[b]fluoranthene ...... Benz[e]acephenanthrylene ...... 205±99±2 ...... Benzo[j]fluoranthene ...... Same ...... 205±82±3 ...... Benzo(k)fluoranthene ...... Same ...... 207±08±9 ...... Benzo[a]pyrene ...... Same ...... 50±32±8 U022 p-Benzoquinone ...... 2,5-Cyclohexadiene-1,4-dione ...... 106±51±4 U197 Benzotrichloride ...... Benzene, (trichloromethyl)- ...... 98±07±7 U023 Benzyl chloride ...... Benzene, (chloromethyl)- ...... 100±44±7 P028 Beryllium powder ...... Same ...... 7440±41±7 P015 Beryllium compounds, N.O.S. 1 ...... Bis(pentamethylene)-thiuram tetrasulfide ...... Piperidine, 1,1′-(tetrathiodicarbonothioyl)-bis- 120±54±7 ...... Bromoacetone ...... 2-Propanone, 1-bromo- ...... 598±31±2 P017
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Chemical ab- Hazardous Common name Chemical abstracts name stracts No. waste No.
Bromoform ...... Methane, tribromo- ...... 75±25±2 U225 4-Bromophenyl phenyl ether ...... Benzene, 1-bromo-4-phenoxy- ...... 101±55±3 U030 Brucine ...... Strychnidin-10-one, 2,3-dimethoxy- ...... 357±57±3 P018 Butyl benzyl phthalate ...... 1,2-Benzenedicarboxylic acid, butyl 85±68±7 ...... phenylmethyl ester. Butylate ...... Carbamothioic acid, bis(2-methylpropyl)-, S- 2008±41±5 ...... ethyl ester. Cacodylic acid ...... Arsinic acid, dimethyl- ...... 75±60±5 U136 Cadmium ...... Same ...... 7440±43±9 ...... Cadmium compounds, N.O.S. 1 ...... Calcium chromate ...... Chromic acid H2 CrO4, calcium salt ...... 13765±19±0 U032 Calcium cyanide ...... Calcium cyanide Ca(CN)2 ...... 592±01±8 P021 Carbaryl ...... 1-Naphthalenol, methylcarbamate ...... 63±25±2 U279 Carbendazim ...... Carbamic acid, 1H-benzimidazol-2-yl, methyl 10605±21±7 U372 ester. Carbofuran ...... 7-Benzofuranol, 2,3-dihydro-2,2-dimethyl-, 1563±66±2 P127 methylcarbamate. Carbofuran phenol ...... 7-Benzofuranol, 2,3-dihydro-2,2-dimethyl- .... 1563±38±8 U367 Carbon disulfide ...... Same ...... 75±15±0 P022 Carbon oxyfluoride ...... Carbonic difluoride ...... 353±50±4 U033 Carbon tetrachloride ...... Methane, tetrachloro- ...... 56±23±5 U211 Carbosulfan ...... Carbamic acid, [(dibutylamino) thio] methyl-, 55285±14±8 P189 2,3-dihydro-2,2-dimethyl-7-benzofuranyl ester. Chloral ...... Acetaldehyde, trichloro- ...... 75±87±6 U034 Chlorambucil ...... Benzenebutanoic acid, 4-[bis(2- 305±03±3 U035 chloroethyl)amino]-. Chlordane ...... 4,7-Methano-1H-indene, 1,2,4,5,6,7,8,8- 57±74±9 U036 octachloro-2,3,3a,4,7,7a-hexahydro-. Chlordane (alpha and gamma isomers) ...... U036 Chlorinated benzenes, N.O.S. 1 ...... Chlorinated ethane, N.O.S. 1 ...... Chlorinated fluorocarbons, N.O.S. 1 ...... Chlorinated naphthalene, N.O.S. 1 ...... Chlorinated phenol, N.O.S. 1 ...... Chlornaphazin ...... Naphthalenamine, N,N′-bis(2-chloroethyl)- ... 494±03±1 U026 Chloroacetaldehyde ...... Acetaldehyde, chloro- ...... 107±20±0 P023 Chloroalkyl ethers, N.O.S. 1 ...... p-Chloroaniline ...... Benzenamine, 4-chloro- ...... 106±47±8 P024 Chlorobenzene ...... Benzene, chloro- ...... 108±90±7 U037 Chlorobenzilate ...... Benzeneacetic acid, 4-chloro-alpha-(4- 510±15±6 U038 chlorophenyl)-alpha-hydroxy-, ethyl ester. p-Chloro-m-cresol ...... Phenol, 4-chloro-3-methyl- ...... 59±50±7 U039 2-Chloroethyl vinyl ether ...... Ethene, (2-chloroethoxy)- ...... 110±75±8 U042 Chloroform ...... Methane, trichloro- ...... 67±66±3 U044 Chloromethyl methyl ether ...... Methane, chloromethoxy- ...... 107±30±2 U046 beta-Chloronaphthalene ...... Naphthalene, 2-chloro- ...... 91±58±7 U047 o-Chlorophenol ...... Phenol, 2-chloro- ...... 95±57±8 U048 1-(o-Chlorophenyl)thiourea ...... Thiourea, (2-chlorophenyl)- ...... 5344±82±1 P026 Chloroprene ...... 1,3-Butadiene, 2-chloro- ...... 126±99±8 ...... 3-Chloropropionitrile ...... Propanenitrile, 3-chloro- ...... 542±76±7 P027 Chromium ...... Same ...... 7440±47±3 ...... Chromium compounds, N.O.S. 1 ...... Chrysene ...... Same ...... 218±01±9 U050 Citrus red No. 2 ...... 2-Naphthalenol, 1-[(2,5- 6358±53±8 ...... dimethoxyphenyl)azo]-. Coal tar creosote ...... Same ...... 8007±45±2 ...... Copper cyanide ...... Copper cyanide CuCN ...... 544±92±3 P029 Copper dimethyldithiocarbamate ...... Copper, bis(dimethylcarbamodithioato-S,S')-, 137±29±1 ...... Creosote ...... Same ...... U051 Cresol (Cresylic acid) ...... Phenol, methyl- ...... 1319±77±3 U052 Crotonaldehyde ...... 2-Butenal ...... 4170±30±3 U053 m-Cumenyl methylcarbamate ...... Phenol, 3-(methylethyl)-, methyl carbamate 64±00±6 P202 Cyanides (soluble salts and complexes) ...... P030 N.O.S. 1. Cyanogen ...... Ethanedinitrile ...... 460±19±5 P031 Cyanogen bromide ...... Cyanogen bromide (CN)Br ...... 506±68±3 U246 Cyanogen chloride ...... Cyanogen chloride (CN)Cl ...... 506±77±4 P033 Cycasin ...... beta-D-Glucopyranoside, (methyl-ONN- 14901±08±7 ...... azoxy)methyl. Cycloate ...... Carbamothioic acid, cyclohexylethyl-, S-ethyl 1134±23±2 ...... ester. 2-Cyclohexyl-4,6-dinitrophenol ...... Phenol, 2-cyclohexyl-4,6-dinitro- ...... 131±89±5 P034
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Chemical ab- Hazardous Common name Chemical abstracts name stracts No. waste No.
Cyclophosphamide ...... 2H-1,3,2-Oxazaphosphorin-2-amine, N,N- 50±18±0 U058 bis(2-chloroethyl)tetrahydro-, 2-oxide. 2,4-D ...... Acetic acid, (2,4-dichlorophenoxy)- ...... 94±75±7 U240 2,4-D, salts, esters ...... U240 Daunomycin ...... 5,12-Naphthacenedione, 8-acetyl-10-[(3- 20830±81±3 U059 amino-2,3,6-trideoxy-alpha-L-lyxo- hexopyranosyl)oxy]-7,8,9,10-tetrahydro- 6,8,11-trihydroxy-1-methoxy-, (8S-cis)-. Dazomet ...... 2H±1,3,5-thiadiazine-2-thione, tetrahydro- 533±74±4 ...... 3,5-dimethyl. DDD ...... Benzene, 1,1′-(2,2-dichloroethylidene)bis[4- 72±54±8 U060 chloro-. DDE ...... Benzene, 1,1′-(dichloroethenylidene)bis[4- 72±55±9 ...... chloro-. DDT ...... Benzene, 1,1′-(2,2,2- 50±29±3 U061 trichloroethylidene)bis[4-chloro-. Diallate ...... Carbamothioic acid, bis(1-methylethyl)-, S- 2303±16±4 U062 (2,3-dichloro-2-propenyl) ester. Dibenz[a,h]acridine ...... Same ...... 226±36±8 ...... Dibenz[a,j]acridine ...... Same ...... 224±42±0 ...... Dibenz[a,h]anthracene ...... Same ...... 53±70±3 U063 7H-Dibenzo[c,g]carbazole ...... Same ...... 194±59±2 ...... Dibenzo[a,e]pyrene ...... Naphtho[1,2,3,4-def]chrysene ...... 192±65±4 ...... Dibenzo[a,h]pyrene ...... Dibenzo[b,def]chrysene ...... 189±64±0 ...... Dibenzo[a,i]pyrene ...... Benzo[rst]pentaphene ...... 189±55±9 U064 1,2-Dibromo-3-chloropropane ...... Propane, 1,2-dibromo-3-chloro- ...... 96±12±8 U066 Dibutyl phthalate ...... 1,2-Benzenedicarboxylic acid, dibutyl ester .. 84±74±2 U069 o-Dichlorobenzene ...... Benzene, 1,2-dichloro- ...... 95±50±1 U070 m-Dichlorobenzene ...... Benzene, 1,3-dichloro- ...... 541±73±1 U071 p-Dichlorobenzene ...... Benzene, 1,4-dichloro- ...... 106±46±7 U072 Dichlorobenzene, N.O.S. 1 ...... Benzene, dichloro- ...... 25321±22±6 ...... 3,3′-Dichlorobenzidine ...... [1,1′-Biphenyl]-4,4′-diamine, 3,3′-dichloro- .... 91±94±1 U073 1,4-Dichloro-2-butene ...... 2-Butene, 1,4-dichloro- ...... 764±41±0 U074 Dichlorodifluoromethane ...... Methane, dichlorodifluoro- ...... 75±71±8 U075 Dichloroethylene, N.O.S. 1 ...... Dichloroethylene ...... 25323±30±2 ...... 1,1-Dichloroethylene ...... Ethene, 1,1-dichloro- ...... 75±35±4 U078 1,2-Dichloroethylene ...... Ethene, 1,2-dichlrol-, (E)- ...... 156±60±5 U079 Dichloroethyl ether ...... Ethane, 1,1′oxybis[2-chloro- ...... 111±44±4 U025 Dichloroisopropyl ether ...... Propane, 2,2′-oxybis[2-chloro- ...... 108±60±1 U027 Dichloromethoxy ethane ...... Ethane, 1,1′-[methylenebis(oxy)]bis[2-chloro- 111±91±1 U024 Dichloromethyl ether ...... Methane, oxybis[chloro- ...... 542-88-1 P016 2,4-Dichlorophenol ...... Phenol, 2,4-dichloro- ...... 120±83±2 U081 2,6-Dichlorophenol ...... Phenol, 2,6-dichloro- ...... 87±65±0 U082 Dichlorophenylarsine ...... Arsonous dichloride, phenyl- ...... 696±28±6 P036 Dichloropropane, N.O.S. 1 ...... Propane, dichloro- ...... 26638±19±7 ...... Dichloropropanol, N.O.S. 1 ...... Propanol, dichloro- ...... 26545±73±3 ...... Dichloropropene, N.O.S. 1 ...... 1-Propene, dichloro- ...... 26952±23±8 ...... 1,3-Dichloropropene ...... 1-Propene, 1,3-dichloro- ...... 542±75±6 U084 Dieldrin ...... 2,7:3,6-Dimethanonaphth[2,3-b]oxirene, 60±57±1 P037 3,4,5,6,9,9-hexachloro- 1a,2,2a,3,6,6a,7,7a-octahydro-, (1aalpha,2beta,2aalpha,3beta,6beta, 6aalpha,7beta,7aalpha)-. 1,2:3,4-Diepoxybutane ...... 2,2′-Bioxirane ...... 1464±53±5 U085 Diethylarsine ...... Arsine, diethyl- ...... 692±42±2 P038 Diethylene glycol, dicarbamate ...... Ethanol, 2,2'-oxybis-, dicarbamate ...... 5952±26±1 U395 1,4-Diethyleneoxide ...... 1,4-Dioxane ...... 123±91±1 U108 Diethylhexyl phthalate...... 1,2-Benzenedicarboxylic acid, bis(2- 117±81±7 U028 ethylhexyl) ester. N,N′-Diethylhydrazine ...... Hydrazine, 1,2-diethyl- ...... 1615±80±1 U086 O,O-Diethyl S-methyl dithiophosphate ...... Phosphorodithioic acid, O,O-diethyl S-methyl 3288±58±2 U087 ester. Diethyl-p-nitrophenyl phosphate ...... Phosphoric acid, diethyl 4-nitrophenyl ester 311±45±5 P041 Diethyl phthalate ...... 1,2-Benzenedicarboxylic acid, diethyl ester .. 84±66±2 U088 O,O-Diethyl O-pyrazinyl phosphoro- thioate ..... Phosphorothioic acid, O,O-diethyl O- 297±97±2 P040 pyrazinyl ester. Diethylstilbesterol ...... Phenol, 4,4′-(1,2-diethyl-1,2-ethenediyl)bis-, 56±53±1 U089 (E)-. Dihydrosafrole ...... 1,3-Benzodioxole, 5-propyl- ...... 94±58±6 U090 Diisopropylfluorophosphate (DFP)...... Phosphorofluoridic acid, bis(1-methylethyl) 55±91±4 P043 ester. Dimethoate ...... Phosphorodithioic acid, O,O-dimethyl S-[2- 60±51±5 P044 (methylamino)-2-oxoethyl] ester.
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Chemical ab- Hazardous Common name Chemical abstracts name stracts No. waste No.
3,3′-Dimethoxybenzidine ...... [1,1′-Biphenyl]-4,4′-diamine, 3,3′-dimethoxy- 119±90±4 U091 p-Dimethylaminoazobenzene ...... Benzenamine, N,N-dimethyl-4-(phenylazo)- 60±11±7 U093 7,12-Dimethylbenz[a]anthracene ...... Benz[a]anthracene, 7,12-dimethyl- ...... 57±97±6 U094 3,3′-Dimethylbenzidine ...... [1,1′-Biphenyl]-4,4′-diamine, 3,3′-dimethyl- ... 119±93±7 U095 Dimethylcarbamoyl chloride ...... Carbamic chloride, dimethyl- ...... 79±44±7 U097 1,1-Dimethylhydrazine ...... Hydrazine, 1,1-dimethyl- ...... 57±14±7 U098 1,2-Dimethylhydrazine ...... Hydrazine, 1,2-dimethyl- ...... 540±73±8 U099 alpha,alpha-Dimethylphenethylamine ...... Benzeneethanamine, alpha,alpha-dimethyl- 122±09±8 P046 2,4-Dimethylphenol ...... Phenol, 2,4-dimethyl- ...... 105±67±9 U101 Dimethyl phthalate ...... 1,2-Benzenedicarboxylic acid, dimethyl ester 131±11±3 U102 Dimethyl sulfate ...... Sulfuric acid, dimethyl ester ...... 77±78±1 U103 Dimetilan ...... Carbamic acid, dimethyl-, 1- 644±64±4 P191 [(dimethylamino) carbonyl]-5-methyl-1H- pyrazol-3-yl ester. Dinitrobenzene, N.O.S. 1 ...... Benzene, dinitro- ...... 25154±54±5 ...... 4,6-Dinitro-o-cresol ...... Phenol, 2-methyl-4,6-dinitro- ...... 534±52±1 P047 4,6-Dinitro-o-cresol salts ...... P047 2,4-Dinitrophenol ...... Phenol, 2,4-dinitro- ...... 51±28±5 P048 2,4-Dinitrotoluene ...... Benzene, 1-methyl-2,4-dinitro- ...... 121±14±2 U105 2,6-Dinitrotoluene ...... Benzene, 2-methyl-1,3-dinitro- ...... 606±20±2 U106 Dinoseb ...... Phenol, 2-(1-methylpropyl)-4,6-dinitro- ...... 88±85±7 P020 Di-n-octyl phthalate ...... 1,2-Benzenedicarboxylic acid, dioctyl ester .. 117±84±0 U017 Diphenylamine ...... Benzenamine, N-phenyl- ...... 122±39±4 ...... 1,2-Diphenylhydrazine ...... Hydrazine, 1,2-diphenyl- ...... 122±66±7 U109 Di-n-propylnitrosamine ...... 1-Propanamine, N-nitroso-N-propyl- ...... 621±64±7 U111 Disulfiram ...... Thioperoxydicarbonic diamide, tetraethyl ...... 97±77±8 ...... Disulfoton ...... Phosphorodithioic acid, O,O-diethyl S-[2- 298±04±4 P039 (ethylthio)ethyl] ester. Dithiobiuret ...... Thioimidodicarbonic diamide [(H2 N)C(S)]2 541±53±7 P049 NH. Endosulfan ...... 6,9-Methano-2,4,3-benzodioxathiepin, 115±29±7 P050 6,7,8,9,10,10-hexachloro-1,5,5a,6,9,9a- hexahydro-, 3-oxide. Endothall ...... 7-Oxabicyclo[2.2.1]heptane-2,3-dicarboxylic 145±73±3 P088 acid. Endrin ...... 2,7:3,6-Dimethanonaphth[2,3-b]oxirene, 72±20±8 P051 3,4,5,6,9,9-hexachloro- 1a,2,2a,3,6,6a,7,7a-octa-hydro-, (1aalpha,2beta,2abeta,3alpha,6alpha, 6abeta,7beta,7aalpha)-. Endrin metabolites ...... P051 Epichlorohydrin ...... Oxirane, (chloromethyl)- ...... 106±89±8 U041 Epinephrine ...... 1,2-Benzenediol, 4-[1-hydroxy-2- 51±43±4 P042 (methylamino)ethyl]-, (R)-. EPTC ...... Carbamothioic acid, dipropyl-, S-ethyl ester 759±94±4 ...... Ethyl carbamate (urethane) ...... Carbamic acid, ethyl ester ...... 51±79±6 U238 Ethyl cyanide ...... Propanenitrile ...... 107±12±0 P101 Ethyl Ziram ...... Zinc, bis(diethylcarbamodithioato-S,S')- ...... 14324±55±1 ...... Ethylenebisdithiocarbamic acid ...... Carbamodithioic acid, 1,2-ethanediylbis- ...... 111±54±6 U114 Ethylenebisdithiocarbamic acid, salts and ...... U114 esters. Ethylene dibromide ...... Ethane, 1,2-dibromo- ...... 106±93±4 U067 Ethylene dichloride ...... Ethane, 1,2-dichloro- ...... 107±06±2 U077 Ethylene glycol monoethyl ether ...... Ethanol, 2-ethoxy- ...... 110±80±5 U359 Ethyleneimine ...... Aziridine ...... 151±56±4 P054 Ethylene oxide ...... Oxirane ...... 75±21±8 U115 Ethylenethiourea ...... 2-Imidazolidinethione ...... 96±45±7 U116 Ethylidene dichloride ...... Ethane, 1,1-dichloro- ...... 75±34±3 U076 Ethyl methacrylate ...... 2-Propenoic acid, 2-methyl-, ethyl ester ...... 97-63-2 U118 Ethyl methanesulfonate ...... Methanesulfonic acid, ethyl ester ...... 62±50±0 U119 Famphur ...... Phosphorothioic acid, O-[4- 52±85±7 P097 [(dimethylamino)sulfonyl]phenyl] O,O-di- methyl ester. Ferbam ...... Iron, tris(dimethylcarbamodithioato-S,S')-, .... 14484±64±1 ...... Fluoranthene ...... Same ...... 206±44±0 U120 Fluorine ...... Same ...... 7782±41±4 P056 Fluoroacetamide ...... Acetamide, 2-fluoro- ...... 640±19±7 P057 Fluoroacetic acid, sodium salt ...... Acetic acid, fluoro-, sodium salt ...... 62±74±8 P058 Formaldehyde ...... Same ...... 50±00±0 U122 Formetanate hydrochloride ...... Methanimidamide, N,N-dimethyl-N′-[3- 23422±53±9 P198 [[(methylamino) carbonyl]oxy]phenyl]-, monohydrochloride. Formic acid ...... Same ...... 64±18±6 U123
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Chemical ab- Hazardous Common name Chemical abstracts name stracts No. waste No.
Formparanate ...... Methanimidamide, N,N-dimethyl-N′-[2-meth- 17702±57±7 P197 yl-4-[[(methylamino) carbonyl]oxy]phenyl]-. Glycidylaldehyde ...... Oxiranecarboxyaldehyde ...... 765±34±4 U126 Halomethanes, N.O.S. 1 ...... Heptachlor ...... 4,7-Methano-1H-indene, 1,4,5,6,7,8,8- 76±44±8 P059 heptachloro-3a,4,7,7a-tetrahydro-. Heptachlor epoxide ...... 2,5-Methano-2H-indeno[1,2-b]oxirene, 1024±57±3 ...... 2,3,4,5,6,7,7-heptachloro-1a,1b,5,5a,6,6a- hexa- hydro-, (1aalpha,1bbeta,2alpha,5alpha, 5abeta,6beta,6aalpha)-. Heptachlor epoxide (alpha, beta, and gamma ...... isomers). Heptachlorodibenzofurans ...... Heptachlorodibenzo-p-dioxins ...... Hexachlorobenzene ...... Benzene, hexachloro- ...... 118±74±1 U127 Hexachlorobutadiene ...... 1,3-Butadiene, 1,1,2,3,4,4-hexachloro- ...... 87±68±3 U128 Hexachlorocyclopentadiene ...... 1,3-Cyclopentadiene, 1,2,3,4,5,5-hexachloro- 77±47±4 U130 Hexachlorodibenzo-p-dioxins ...... Hexachlorodibenzofurans ...... Hexachloroethane ...... Ethane, hexachloro- ...... 67±72±1 U131 Hexachlorophene ...... Phenol, 2,2′-methylenebis[3,4,6-trichloro- ..... 70±30±4 U132 Hexachloropropene ...... 1-Propene, 1,1,2,3,3,3-hexachloro- ...... 1888±71±7 U243 Hexaethyl tetraphosphate ...... Tetraphosphoric acid, hexaethyl ester ...... 757±58±4 P062 Hydrazine ...... Same ...... 302±01±2 U133 Hydrogen cyanide ...... Hydrocyanic acid ...... 74±90±8 P063 Hydrogen fluoride ...... Hydrofluoric acid ...... 7664±39±3 U134 Hydrogen sulfide ...... Hydrogen sulfide H2 S ...... 7783±06±4 U135 Indeno[1,2,3-cd]pyrene ...... Same ...... 193±39±5 U137 3-Iodo-2-propynyl n-butylcarbamate...... Carbamic acid, butyl-, 3-iodo-2-propynyl 55406±53±6 ...... ester. Isobutyl alcohol ...... 1-Propanol, 2-methyl- ...... 78±83±1 U140 Isodrin ...... 1,4,5,8- 465±73±6 P060 Dimethanonaphthalene, 1,2,3,4,10,10- hexachloro-1,4,4a,5,8,8a-hexahydro-, (1alpha,4alpha,4abeta,5beta, 8beta,8abeta)-. Isolan ...... Carbamic acid, dimethyl-, 3-methyl-1-(1- 119±38±0 P192 methylethyl)-1H-pyrazol-5-yl ester. Isosafrole ...... 1,3-Benzodioxole, 5-(1-propenyl)- ...... 120±58±1 U141 Kepone ...... 1,3,4-Metheno-2H-cyclobuta[cd]pentalen-2- 143±50±0 U142 one, 1,1a,3,3a,4,5,5,5a,5b,6- decachlorooctahydro-. Lasiocarpine ...... 2-Butenoic acid, 2-methyl-,7-[[2,3-dihydroxy- 303±34±1 4143 2-(1-methoxyethyl)-3-methyl-1- oxobutoxy]methyl]-2,3,5,7a-tetrahydro-1H- pyrrolizin-1-yl ester, [1S-[1alpha(Z),7(2S*,3R*),7aalpha]]- Lead ...... Same ...... 7439±92±1 ...... Lead compounds, N.O.S.1 ...... Lead acetate ...... Acetic acid, lead(2+) salt ...... 301±04±2 U144 Lead phosphate ...... Phosphoric acid, lead(2+) salt (2:3) ...... 7446±27±7 U145 Lead subacetate ...... Lead, bis(acetato-O)tetrahydroxytri- ...... 1335±32±6 U146 Lindane ...... Cyclohexane, 1,2,3,4,5,6-hexachloro-, 58±89±9 U129 (1alpha,2alpha,3beta,4alpha, 5alpha,6beta)-. Maleic anhydride ...... 2,5-Furandione ...... 108±31±6 U147 Maleic hydrazide ...... 3,6-Pyridazinedione, 1,2-dihydro- ...... 123±33±1 U148 Malononitrile ...... Propanedinitrile ...... 109±77±3 U149 Manganese dimethyldithiocarbamate ...... Manganese, bis(dimethylcarbamodithioato- 15339±36±3 P196 S,S′)-,. Melphalan ...... L-Phenylalanine, 4-[bis(2- 148±82±3 U150 chloroethyl)aminol]-. Mercury ...... Same ...... 7439±97±6 U151 Mercury compounds, N.O.S.1 ...... Mercury fulminate ...... Fulminic acid, mercury(2+) salt ...... 628±86±4 P065 Metam Sodium ...... Carbamodithioic acid, methyl-, monosodium 137±42±8 salt. Methacrylonitrile ...... 2-Propenenitrile, 2-methyl- ...... 126±98±7 U152 Methapyrilene ...... 1,2-Ethanediamine, N,N-dimethyl-N′-2- 91±80±5 U155 pyridinyl-N′-(2-thienylmethyl)-. Methiocarb ...... Phenol, (3,5-dimethyl-4-(methylthio)-, 2032±65±7 P199 methylcarbamate.
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Chemical ab- Hazardous Common name Chemical abstracts name stracts No. waste No.
Methomyl ...... Ethanimidothioic acid, N- 16752±77±5 P066 [[(methylamino)carbonyl]oxy]-, methyl ester. Methoxychlor ...... Benzene, 1,1′-(2,2,2- 72±43±5 U247 trichloroethylidene)bis[4-methoxy-. Methyl bromide ...... Methane, bromo- ...... 74±83±9 U029 Methyl chloride ...... Methane, chloro- ...... 74±87±3 U045 Methyl chlorocarbonate ...... Carbonochloridic acid, methyl ester ...... 79±22±1 U156 Methyl chloroform ...... Ethane, 1,1,1-trichloro- ...... 71±55±6 U226 3-Methylcholanthrene ...... Benz[j]aceanthrylene, 1,2-dihydro-3-methyl- 56±49±5 U157 4,4′-Methylenebis(2-chloroaniline) ...... Benzenamine, 4,4′-methylenebis[2-chloro- ... 101±14±4 U158 Methylene bromide ...... Methane, dibromo- ...... 74±95±3 U068 Methylene chloride ...... Methane, dichloro- ...... 75±09±2 U080 Methyl ethyl ketone (MEK) ...... 2-Butanone ...... 78±93±3 U159 Methyl ethyl ketone peroxide ...... 2-Butanone, peroxide ...... 1338±23±4 U160 Methyl hydrazine ...... Hydrazine, methyl- ...... 60±34±4 P068 Methyl iodide ...... Methane, iodo- ...... 74±88±4 U138 Methyl isocyanate ...... Methane, isocyanato- ...... 624±83±9 P064 2-Methyllactonitrile ...... Propanenitrile, 2-hydroxy-2-methyl- ...... 75±86±5 P069 Methyl methacrylate ...... 2-Propenoic acid, 2-methyl-, methyl ester .... 80±62±6 U162 Methyl methanesulfonate ...... Methanesulfonic acid, methyl ester ...... 66±27±3 ...... Methyl parathion...... Phosphorothioic acid, O,O-dimethyl O-(4- 298±00±0 P071 nitrophenyl) ester. Methylthiouracil ...... 4(1H)-Pyrimidinone, 2,3-dihydro-6-methyl-2- 56±04±2 U164 thioxo-. Metolcarb ...... Carbamic acid, methyl-, 3-methylphenyl 1129±41±5 P190 ester. Mexacarbate ...... Phenol, 4-(dimethylamino)-3,5-dimethyl-, 315±18±4 P128 methylcarbamate (ester). Mitomycin C ...... Azirino[2′,3′:3,4]pyrrolo[1,2-a]indole-4,7- 50±07±7 U010 dione, 6-amino-8-[[(aminocarbonyl)oxy]methyl]- 1,1a,2,8,8a,8b-hexahydro-8a-methoxy-5- methyl-, [1aS- (1aalpha,8beta,8aalpha,8balpha)]-. MNNG ...... Guanidine, N-methyl-N′-nitro-N-nitroso- ...... 70±25±7 U163 Molinate ...... 1H-Azepine-1-carbothioic acid, hexahydro-, 2212±67±1 ...... S-ethyl ester. Mustard gas ...... Ethane, 1,1′-thiobis[2-chloro- ...... 505±60±2 ...... Naphthalene ...... Same ...... 91±20±3 U165 1,4-Naphthoquinone ...... 1,4-Naphthalenedione ...... 130±15±4 U166 alpha-Naphthylamine ...... 1-Naphthalenamine ...... 134±32±7 U167 beta-Naphthylamine ...... 2-Naphthalenamine ...... 91±59±8 U168 alpha-Naphthylthiourea ...... Thiourea, 1-naphthalenyl- ...... 86±88±4 P072 Nickel ...... Same ...... 7440±02±0 ...... Nickel compounds, N.O.S.1 ...... Nickel carbonyl ...... Nickel carbonyl Ni(CO)4, (T-4)- ...... 13463±39±3 P073 Nickel cyanide ...... Nickel cyanide Ni(CN)2 ...... 557±19±7 P074 Nicotine ...... Pyridine, 3-(1-methyl-2-pyrrolidinyl)-, (S)- ..... 54±11±5 P075 Nicotine salts ...... P075 Nitric oxide ...... Nitrogen oxide NO ...... 10102±43±9 P076 p-Nitroaniline ...... Benzenamine, 4-nitro- ...... 100±01±6 P077 Nitrobenzene ...... Benzene, nitro- ...... 98±95±3 U169 Nitrogen dioxide ...... Nitrogen oxide NO2 ...... 10102±44±0 P078 Nitrogen mustard ...... Ethanamine, 2-chloro-N-(2-chloroethyl)-N- 51±75±2 ...... methyl-. Nitrogen mustard, hydrochloride salt ...... Nitrogen mustard N-oxide ...... Ethanamine, 2-chloro-N-(2-chloroethyl)-N- 126±85±2 ...... methyl-, N-oxide. Nitrogen mustard, N-oxide, hydro- chloride ...... salt. Nitroglycerin ...... 1,2,3-Propanetriol, trinitrate ...... 55±63±0 P081 p-Nitrophenol ...... Phenol, 4-nitro- ...... 100±02±7 U170 2-Nitropropane ...... Propane, 2-nitro- ...... 79±46±9 U171 Nitrosamines, N.O.S. 1 ...... 35576±91±1D ...... N-Nitrosodi-n-butylamine ...... 1-Butanamine, N-butyl-N-nitroso- ...... 924±16±3 U172 N-Nitrosodiethanolamine ...... Ethanol, 2,2′-(nitrosoimino)bis- ...... 1116±54±7 U173 N-Nitrosodiethylamine ...... Ethanamine, N-ethyl-N-nitroso- ...... 55±18±5 U174 N-Nitrosodimethylamine ...... Methanamine, N-methyl-N-nitroso- ...... 62±75±9 P082 N-Nitroso-N-ethylurea ...... Urea, N-ethyl-N-nitroso- ...... 759±73±9 U176 N-Nitrosomethylethylamine ...... Ethanamine, N-methyl-N-nitroso- ...... 10595±95±6 ...... N-Nitroso-N-methylurea ...... Urea, N-methyl-N-nitroso- ...... 684±93±5 U177 N-Nitroso-N-methylurethane ...... Carbamic acid, methylnitroso-, ethyl ester .... 615±53±2 U178
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Chemical ab- Hazardous Common name Chemical abstracts name stracts No. waste No.
N-Nitrosomethylvinylamine ...... Vinylamine, N-methyl-N-nitroso- ...... 4549±40±0 P084 N-Nitrosomorpholine ...... Morpholine, 4-nitroso- ...... 59±89±2 ...... N-Nitrosonornicotine ...... Pyridine, 3-(1-nitroso-2-pyrrolidinyl)-, (S)- ..... 16543±55±8 ...... N-Nitrosopiperidine ...... Piperidine, 1-nitroso- ...... 100±75±4 U179 N-Nitrosopyrrolidine ...... Pyrrolidine, 1-nitroso- ...... 930±55±2 U180 N-Nitrososarcosine ...... Glycine, N-methyl-N-nitroso- ...... 13256±22±9 ...... 5-Nitro-o-toluidine ...... Benzenamine, 2-methyl-5-nitro- ...... 99±55±8 U181 Octamethylpyrophosphoramide ...... Diphosphoramide, octamethyl- ...... 152±16±9 P085 Osmium tetroxide ...... Osmium oxide OsO4, (T-4)- ...... 20816±12±0 P087 Oxamyl ...... Ethanimidothioc acid, 2-(dimethylamino)-N- 23135±22±0 P194 [[(methylamino)carbonyl]oxy]-2-oxo-, methyl ester. Paraldehyde ...... 1,3,5-Trioxane, 2,4,6-trimethyl- ...... 123±63±7 U182 Parathion ...... Phosphorothioic acid, O,O-diethyl O-(4- 56±38±2 P089 nitrophenyl) ester. Pebulate ...... Carbamothioic acid, butylethyl-, S-propyl 1114±71±2 ...... ester. Pentachlorobenzene ...... Benzene, pentachloro- ...... 608±93±5 U183 Pentachlorodibenzo-p-dioxins ...... Pentachlorodibenzofurans ...... Pentachloroethane ...... Ethane, pentachloro- ...... 76±01±7 U184 Pentachloronitrobenzene (PCNB) ...... Benzene, pentachloronitro- ...... 82±68±8 U185 Pentachlorophenol ...... Phenol, pentachloro- ...... 87±86±5 See F027 Phenacetin ...... Acetamide, N-(4-ethoxyphenyl)- ...... 62±44±2 U187 Phenol ...... Same ...... 108±95±2 U188 Phenylenediamine ...... Benzenediamine ...... 25265±76±3 ...... Phenylmercury acetate ...... Mercury, (acetato-O)phenyl- ...... 62±38±4 P092 Phenylthiourea ...... Thiourea, phenyl- ...... 103±85±5 P093 Phosgene ...... Carbonic dichloride ...... 75±44±5 P095 Phosphine ...... Same ...... 7803±51±2 P096 Phorate ...... Phosphorodithioic acid, O,O-diethyl S- 298±02±2 P094 [(ethylthio)methyl] ester. Phthalic acid esters, N.O.S. 1 ...... Phthalic anhydride ...... 1,3-Isobenzofurandione ...... 85±44±9 U190 Physostigmine ...... Pyrrolo[2,3-b]indol-5-01, 1,2,3,3a,8,8a- 57±47±6 P204 hexahydro-1,3a,8-trimethyl-, methylcarbamate (ester), (3aS-cis)-. Physostigmine salicylate ...... Benzoic acid, 2-hydroxy-, compd. with (3aS- 57±64±7 P188 cis) ±1,2,3,3a,8,8a-hexahydro-1,3a,8- trimethylpyrrolo [2,3-b]indol-5-yl methylcarbamate ester (1:1). 2-Picoline ...... Pyridine, 2-methyl- ...... 109±06±8 U191 Polychlorinated biphenyls, N.O.S. 1 ...... Potassium cyanide ...... Potassium cyanide K(CN) ...... 151±50±8 P098 Potassium dimethyldithiocarbamate...... Carbamodithioic acid, dimethyl, potassium 128±03±0 ...... salt. Potassium n-hydroxymethyl-n-methyl- Carbamodithioic acid, 51026±28±9 ...... dithiocarbamate. (hydroxymethyl)methyl-, monopotassium salt. Potassium n-methyldithiocarbamate...... Carbamodithioic acid, methyl- 137±41±7 ...... monopotassium salt. Potassium pentachlorophenate ...... Pentachlorophenol, potassium salt ...... 7778736 None Potassium silver cyanide ...... Argentate(1-), bis(cyano-C)-, potassium ...... 506±61±6 P099 Promecarb ...... Phenol, 3-methyl-5-(1-methylethyl)-, methyl 2631±37±0 P201 carbamate. Pronamide ...... Benzamide, 3,5-dichloro-N-(1,1-dimethyl-2- 23950±58±5 U192 propynyl)-. 1,3-Propane sultone ...... 1,2-Oxathiolane, 2,2-dioxide ...... 1120±71±4 U193 n-Propylamine ...... 1-Propanamine ...... 107±10±8 U194 Propargyl alcohol ...... 2-Propyn-1-ol ...... 107±19±7 P102 Propham ...... Carbamic acid, phenyl-, 1-methylethyl ester 122±42±9 U373 Propoxur ...... Phenol, 2-(1-methylethoxy)-, 114±26±1 U411 methylcarbamate. Propylene dichloride ...... Propane, 1,2-dichloro- ...... 78±87±5 U083 1,2-Propylenimine ...... Aziridine, 2-methyl- ...... 75±55±8 P067 Propylthiouracil ...... 4(1H)-Pyrimidinone, 2,3-dihydro-6-propyl-2- 51±52±5 ...... thioxo-. Prosulfocarb ...... Carbamothioic acid, dipropyl-, S- 52888±80±9 U387 (phenylmethyl) ester. Pyridine ...... Same ...... 110±86±1 U196 Reserpine ...... Yohimban-16-carboxylic acid, 11,17- 50±55±5 U200 dimethoxy-18-[(3,4,5- trimethoxybenzoyl)oxy]-smethyl ester, (3beta,16beta,17alpha,18beta,20alpha)-.
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Chemical ab- Hazardous Common name Chemical abstracts name stracts No. waste No.
Resorcinol ...... 1,3-Benzenediol ...... 108±46±3 U201 Saccharin ...... 1,2-Benzisothiazol-3(2H)-one, 1,1-dioxide .... 81±07±2 U202 Saccharin salts ...... U202 Safrole ...... 1,3-Benzodioxole, 5-(2-propenyl)- ...... 94±59±7 U203 Selenium ...... Same ...... 7782±49±2 ...... Selenium compounds, N.O.S. 1 ...... Selenium dioxide ...... Selenious acid ...... 7783±00±8 U204 Selenium sulfide ...... Selenium sulfide SeS2 ...... 7488±56±4 U205 Selenium, tetrakis(dimethyl-dithiocarbamate)Carbamodithioic acid, dimethyl-, 144±34±3 ...... tetraanhydrosulfide with orthothioselenious acid. Selenourea ...... Same ...... 630±10±4 P103 Silver ...... Same ...... 7440±22±4 ...... Silver compounds, N.O.S. 1 ...... Silver cyanide ...... Silver cyanide Ag(CN) ...... 506±64±9 P104 Silvex (2,4,5-TP) ...... Propanoic acid, 2-(2,4,5-trichlorophenoxy)- .. 93±72±1 See F027 Sodium cyanide ...... Sodium cyanide Na(CN) ...... 143±33±9 P106 Sodium dibutyldithiocarbamate ...... Carbamodithioic acid, dibutyl, sodium salt .... 136±30±1 ...... Sodium diethyldithiocarbamate ...... Carbamodithioic acid, diethyl-, sodium salt .. 148±18±5 Sodium dimethyldithiocarbamate ...... Carbamodithioic acid, dimethyl-, sodium salt 128±04±1 ...... Sodium pentachlorophenate ...... Pentachlorophenol, sodium salt ...... 131522 None Streptozotocin ...... D-Glucose, 2-deoxy-2- 18883±66±4 U206 [[(methylnitrosoamino)carbonyl]amino]-. Strychnine ...... Strychnidin-10-one ...... 57±24±9 P108 Strychnine salts ...... P108 Sulfallate ...... Carbamodithioic acid, diethyl-, 2-chloro-2- 95±06±7 ...... propenyl ester. TCDD ...... Dibenzo[b,e][1,4]dioxin, 2,3,7,8-tetrachloro- 1746±01±6 ...... Tetrabutylthiuram disulfide ...... Thioperoxydicarbonic diamide, tetrabutyl ...... 1634±02±2 ...... 1,2,4,5-Tetrachlorobenzene ...... Benzene, 1,2,4,5-tetrachloro- ...... 95±94±3 U207 Tetrachlorodibenzo-p-dioxins ...... Tetrachlorodibenzofurans ...... Tetrachloroethane, N.O.S. 1 ...... Ethane, tetrachloro-, N.O.S...... 25322±20±7 ...... 1,1,1,2-Tetrachloroethane ...... Ethane, 1,1,1,2-tetrachloro- ...... 630±20±6 U208 1,1,2,2-Tetrachloroethane ...... Ethane, 1,1,2,2-tetrachloro- ...... 79±34±5 U209 Tetrachloroethylene ...... Ethene, tetrachloro- ...... 127±18±4 U210 2,3,4,6-Tetrachlorophenol ...... Phenol, 2,3,4,6-tetrachloro- ...... 58±90±2 See F027 2,3,4,6-tetrachlorophenol, potassium salt ...... same ...... 53535276 None 2,3,4,6-tetrachlorophenol, sodium salt ...... same ...... 25567559 None Tetraethyldithiopyrophosphate ...... Thiodiphosphoric acid, tetraethyl ester ...... 3689±24±5 P109 Tetraethyl lead ...... Plumbane, tetraethyl- ...... 78±00±2 P110 Tetraethyl pyrophosphate ...... Diphosphoric acid, tetraethyl ester ...... 107±49±3 P111 Tetramethylthiuram monosulfide ...... Bis(dimethylthiocarbamoyl) sulfide ...... 97±74±5 ...... Tetranitromethane ...... Methane, tetranitro- ...... 509±14±8 P112 Thallium ...... Same ...... 7440±28±0 ...... Thallium compounds, N.O.S. 1 ...... Thallic oxide ...... Thallium oxide Tl2 O3 ...... 1314±32±5 P113 Thallium(I) acetate ...... Acetic acid, thallium(1+) salt ...... 563±68±8 U214 Thallium(I) carbonate ...... Carbonic acid, dithallium(1+) salt ...... 6533±73±9 U215 Thallium(I) chloride ...... Thallium chloride TlCl ...... 7791±12±0 U216 Thallium(I) nitrate ...... Nitric acid, thallium(1+) salt ...... 10102±45±1 U217 Thallium selenite ...... Selenious acid, dithallium(1+) salt ...... 12039±52±0 P114 Thallium(I) sulfate ...... Sulfuric acid, dithallium(1+) salt ...... 7446±18±6 P115 Thioacetamide ...... Ethanethioamide ...... 62±55±5 U218 Thiodicarb ...... Ethanimidothioic acid, N,N'-[thiobis 59669±26±0 U410 [(methylimino) carbonyloxy]] bis-, dimethyl ester. Thiofanox ...... 2-Butanone, 3,3-dimethyl-1-(methylthio)-, 0- 39196±18±4 P045 [(methylamino)carbonyl] oxime. Thiomethanol ...... Methanethiol ...... 74±93±1 U153 Thiophanate-methyl ...... Carbamic acid, [1,2-phyenylenebis 23564±05±8 U409 (iminocarbonothioyl)] bis-, dimethyl ester. Thiophenol ...... Benzenethiol ...... 108±98±5 P014 Thiosemicarbazide ...... Hydrazinecarbothioamide ...... 79±19±6 P116 Thiourea ...... Same ...... 62±56±6 U219 Thiram ...... Thioperoxydicarbonic diamide [(H2 N)C(S)]2 137-26-8 U244 S2, tetramethyl-. Tirpate ...... 1,3-Dithiolane-2-carboxaldehyde, 2,4-di- 26419±73±8 P185 methyl-, O-[(methylamino) carbonyl] oxime. Toluene ...... Benzene, methyl- ...... 108±88±3 U220 Toluenediamine ...... Benzenediamine, ar-methyl- ...... 25376±45±8 U221 Toluene-2,4-diamine ...... 1,3-Benzenediamine, 4-methyl- ...... 95±80±7 ...... Toluene-2,6-diamine ...... 1,3-Benzenediamine, 2-methyl- ...... 823±40±5 ......
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Chemical ab- Hazardous Common name Chemical abstracts name stracts No. waste No.
Toluene-3,4-diamine ...... 1,2-Benzenediamine, 4-methyl- ...... 496±72±0 ...... Toluene diisocyanate ...... Benzene, 1,3-diisocyanatomethyl- ...... 26471±62±5 U223 o-Toluidine ...... Benzenamine, 2-methyl- ...... 95±53±4 U328 o-Toluidine hydrochloride ...... Benzenamine, 2-methyl-, hydrochloride ...... 636±21±5 U222 p-Toluidine ...... Benzenamine, 4-methyl- ...... 106±49±0 U353 Toxaphene ...... Same ...... 8001±35±2 P123 Triallate ...... Carbamothioic acid, bis(1-methylethyl)-, S- 2303±17±5 U389 (2,3,3-trichloro-2-propenyl) ester. 1,2,4-Trichlorobenzene ...... Benzene, 1,2,4-trichloro- ...... 120±82±1 ...... 1,1,2-Trichloroethane ...... Ethane, 1,1,2-trichloro- ...... 79±00±5 U227 Trichloroethylene ...... Ethene, trichloro- ...... 79±01±6 U228 Trichloromethanethiol ...... Methanethiol, trichloro- ...... 75±70±7 P118 Trichloromonofluoromethane ...... Methane, trichlorofluoro- ...... 75±69±4 U121 2,4,5-Trichlorophenol ...... Phenol, 2,4,5-trichloro- ...... 95±95±4 See F027 2,4,6-Trichlorophenol ...... Phenol, 2,4,6-trichloro- ...... 88±06±2 See F027 2,4,5-T ...... Acetic acid, (2,4,5-trichlorophenoxy)- ...... 93±76±5 See F027 Trichloropropane, N.O.S. 1 ...... 25735±29±9 ...... 1,2,3-Trichloropropane ...... Propane, 1,2,3-trichloro- ...... 96±18±4 ...... Triethylamine ...... Ethanamine, N,N-diethyl- ...... 121±44±8 U404 O,O,O-Triethyl phosphorothioate ...... Phosphorothioic acid, O,O,O-triethyl ester ... 126±68±1 ...... 1,3,5-Trinitrobenzene ...... Benzene, 1,3,5-trinitro- ...... 99±35±4 U234 Tris(1-aziridinyl)phosphine sulfide ...... Aziridine, 1,1′,1′′-phosphinothioylidynetris- ... 52±24±4 ...... Tris(2,3-dibromopropyl) phosphate ...... 1-Propanol, 2,3-dibromo-, phosphate (3:1) ... 126±72±7 U235 Trypan blue...... 2,7-Naphthalenedisulfonic acid, 3,3′-[(3,3′- 72±57±1 U236 dimethyl[1,1′-biphenyl]-4,4′-diyl)bis(azo)]- bis[5-amino-4-hydroxy-, tetrasodium salt. Uracil mustard ...... 2,4-(1H,3H)-Pyrimidinedione, 5-[bis(2- 66±75±1 U237 chloroethyl)amino]-. Vanadium pentoxide ...... Vanadium oxide V2 O5 ...... 1314±62±1 P120 Vernolate ...... Carbamothioic acid, dipropyl-,S-propyl ester 1929±77±7 ...... Vinyl chloride ...... Ethene, chloro- ...... 75±01±4 U043 Warfarin ...... 2H-1-Benzopyran-2-one, 4-hydroxy-3-(3- 81±81±2 U248 oxo-1-phenylbutyl)-, when present at con- centrations less than 0.3%. Warfarin ...... 2H-1-Benzopyran-2-one, 4-hydroxy-3-(3- 81±81±2 P001 oxo-1-phenylbutyl)-, when present at con- centrations greater than 0.3%. Warfarin salts, when present at concentra- ...... U248 tions less than 0.3%. Warfarin salts, when present at concentra- ...... P001 tions greater than 0.3%. Zinc cyanide ...... Zinc cyanide Zn(CN)2 ...... 557±21±1 P121 Zinc phosphide ...... Zinc phosphide Zn3 P2, when present at 1314±84±7 P122 concentrations greater than 10%. Zinc phosphide ...... Zinc phosphide Zn3 P2, when present at 1314±84±7 U249 concentrations of 10% or less. Ziram ...... ZInc, bis(dimethylcarbamodithioato-S,S')-, 137±30±4 P205 (T±4)-. 1 The abbreviation N.O.S. (not otherwise specified) signifies those members of the general class not specifically listed by name in this appendix. [53 FR 13388, Apr. 22, 1988, as amended at 53 FR 43881, Oct. 31, 1988; 54 FR 50978, Dec. 11, 1989; 55 FR 50483, Dec. 6, 1990; 56 FR 7568, Feb. 25, 1991; 59 FR 468, Jan. 4, 1994; 59 FR 31551, June 20, 1994; 60 FR 7853, Feb. 9, 1995; 60 FR 19165, Apr. 17, 1995; 62 FR 32977, June 17, 1997; 63 FR 24625, May 4, 1998]
EFFECTIVE DATE NOTE: At 63 FR 24625, May 4, 1998, appendix VIII to part 261 was amended by adding the entry for hazardous constituent 2,4,6-Tribromophenol, in alphabetical order ef- fective Nov. 4, 1998.
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APPENDIX IX TO PART 261—WASTES EXCLUDED UNDER §§ 260.20 AND 260.22
TABLE 1ÐWASTES EXCLUDED FROM NON-SPECIFIC SOURCES
Facility Address Waste description
Aluminum 750 Norcold Wastewater treatment plant (WWTP) sludges generated from the chemical conversion coat- Company of Ave., Sid- ing of aluminum (EPA Hazardous Waste No. F019) and WWTP sludges generated from America. ney, Ohio electroplating operations (EPA Hazardous Waste No. F006) and stored in an on-site land- 45365. fill. This is an exclusion for approximately 16,772 cubic yards of landfilled WWTP filter cake. This exclusion applies only if the waste filter cake remains in place or, if excavated, is disposed of in a Subtitle D landfill which is permitted, licensed, or registered by a state to manage industrial solid waste. This exclusion was published on April 6, 1999. 1. The constituent concentrations measured in the TCLP extract may not exceed the fol- lowing levels (mg/L): ArsenicÐ5; BariumÐ100; ChromiumÐ5; CobaltÐ210; CopperÐ130; NickelÐ70; VanadiumÐ30; ZincÐ1000; FluorideÐ400; AcetoneÐ400; Methylene Chlo- rideÐ0.5; Bis(2-ethylhexyl)phthalateÐ0.6. 2. (a) If, anytime after disposal of the delisted waste, Alcoa possesses or is otherwise made aware of any environmental data (including but not limited to leachate data or groundwater monitoring data) or any other data relevant to the delisted waste indicating that any con- stituent identified in Condition (1) is at a level in the leachate higher than the delisting level established in Condition (1), or is at a level in the ground water or soil higher than the health based level, then Alcoa must report such data, in writing, to the Regional Adminis- trator within 10 days of first possessing or being made aware of that data. (b) Based on the information described in paragraph (a) and any other information received from any source, the Regional Administrator will make a preliminary determination as to whether the reported information requires Agency action to protect human health or the en- vironment. Further action may include suspending or revoking this exclusion, or other ap- propriate response necessary to protect human health and the environment. (c) If the Regional Administrator determines that the reported information does require Agen- cy action, the Regional Administrator will notify the facility in writing of the actions the Re- gional Administrator believes are necessary to protect human health and the environment. The notice shall include a statement of the proposed action and a statement providing the facility with an opportunity to present information as to why the proposed Agency action is not necessary or to suggest an alternative action. The facility shall have 10 days from the date of the Regional Administrator's notice to present such information. (d) Following the receipt of information from the facility described in paragraph (c) or (if no in- formation is presented under paragraph (c) the initial receipt of information described in paragraph (a), the Regional Administrator will issue a final written determination describing the Agency actions that are necessary to protect human health or the environment. Any re- quired action described in the Regional Administrator's determination shall become effec- tive immediately, unless the Regional Administrator provides otherwise.
Alumnitec, Inc. Jeffersonville, Dewatered wastewater treatment sludge (EPA Hazardous Waste No. F019) generated from (formerly IN. the chemical conversion of aluminum after April 29, 1986. Profile Extru- sion Co., for- merly United Technologies Automotive, Inc.). American Steel Scottsburg, IN Wastewater treatment plant (WWTP) sludge from electroplating operations (EPA Hazardous Cord. Waste No. F006) generated at a maximum annual rate of 3,000 cubic yards per year, after January 26, 1999, and disposed of in a Subtitle D landfill. 1. Verification Testing: American Steel Cord must implement an annual testing program to demonstrate, based on the analysis of a minimum of four representative samples, that the constituent concentrations measured in the TCLP extract of the waste are within specific levels. The constituent concentrations must not exceed the following levels (mg/l) which are back-calculated from the delisting health-based levels and a DAF of 68. ArsenicÐ3.4; Bar- iumÐ100; CadmiumÐ.34; ChromiumÐ5; CopperÐ88.4.; LeadÐ1.02; MercuryÐ.136; NickelÐ6.8.; SeleniumÐ1; SilverÐ5; ZincÐ680; CyanideÐ13.6; AcetoneÐ272; Benzo butyl phthlateÐ476; ChloroformÐ.68; 1,4-DichlorobenzeneÐ.272; cis-1,2-DichloroetheneÐ 27.2; Methylene chlorideÐ.34; NaphthaleneÐ68; StyreneÐ6.8; TetrachloroetheneÐ.34; TolueneÐ68; and XyleneÐ680. American Steel Cord must measure and record the pH of the waste using SW 846 method 9045 and must record all pH measurements performed in accordance with the TCLP. 2. Changes in Operating Conditions: If American Steel Cord significantly changes the manu- facturing or treatment process or the chemicals used in the manufacturing or treatment process, American Steel Cord may handle the WWTP filter press sludge generated from the new process under this exclusion only after the facility has demonstrated that the waste meets the levels set forth in paragraph 1 and that no new hazardous constituents listed in Appendix VIII of Part 261 have been introduced.
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TABLE 1ÐWASTES EXCLUDED FROM NON-SPECIFIC SOURCESÐContinued
Facility Address Waste description
3. Data Submittals: The data obtained through annual verification testing or compliance with paragraph 2 must be submitted to U.S. EPA Region 5, 77 W. Jackson Blvd., Chicago, IL 60604±3590, within 60 days of sampling. Records of operating conditions and analytical data must be compiled, summarized, and maintained on site for a minimum of five years and must be made available for inspection. All data must be accompanied by a signed copy of the certification statement in 260.22(I)(12). 4. (a) If, anytime after disposal of the delisted waste, American Steel Cord possesses or is otherwise made aware of any environmental data (including but not limited to leachate data or groundwater monitoring data) or any other data relevant to the delisted waste indicating that any constituent identified in Condition (1) is at a level in the leachate higher than the delisting level established in Condition (1), or is at a level in the ground water or soil higher than the health based level, then American Steel Cord must report such data, in writing, to the Regional Administrator within 10 days of first possessing or being made aware of that data. (b) Based on the information described in paragraph (a) and any other information received from any source, the Regional Administrator will make a preliminary determination as to whether the reported information requires Agency action to protect human health or the en- vironment. Further action may include suspending, or revoking the exclusion, or other ap- propriate response necessary to protect human health and the environment. (c) If the Regional Administrator determines that the reported information does require Agen- cy action, the Regional Administrator will notify the facility in writing of the actions the Re- gional Administrator believes are necessary to protect human health and the environment. The notice shall include a statement of the proposed action and a statement providing the facility with an opportunity to present information as to why the proposed Agency action is not necessary or to suggest an alternative action. The facility shall have 10 days from the date of the Regional Administrator's notice to present such information. (d) Following the receipt of information from the facility described in paragraph (c) or (if no in- formation is presented under paragraph (c) the initial receipt of information described in paragraph (a), the Regional Administrator will issue a final written determination describing the Agency actions that are necessary to protect human health or the environment. Any re- quired action described in the Regional Administrator's determination shall become effec- tive immediately, unless the Regional Administrator provides otherwise. Ampex Record- Opelika, Ala- Solvent recovery residues in the powder or pellet form (EPA Hazardous Waste Nos. F003 ing Media bama. and F005) generated from the recovery of spent solvents from the manufacture of tape re- Corporation. cording media (generated at a maximum annual rate of 1,000 cubic yards in the powder or pellet form) after August 9, 1993. In order to confirm that the characteristics of the wastes do not change significantly, the facility must, on an annual basis, analyze a representative composite sample of the waste (in its final form) for the constituents listed in 40 CFR 261.24 using the method specified therein. The annual analytical results, including quality control information, must be compiled, certified according to 40 CFR 260.22(i)(12), main- tained on-site for a minimum of five years, and made available for inspection upon request by any employee or representative of EPA or the State of Alabama. Failure to maintain the required records on-site will be considered by EPA, at its discretion, sufficient basis to re- voke the exclusion to the extent directed by EPA.
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TABLE 1ÐWASTES EXCLUDED FROM NON-SPECIFIC SOURCESÐContinued
Facility Address Waste description
Aptus, Inc ...... Coffeyville, Kiln residue and spray dryer/baghouse residue (EPA Hazardous Waste No. F027) generated Kansas. during the treatment of cancelled pesticides containing 2,4,5±T and Silvex and related ma- terials by Aptus' incinerator at Coffeyville, Kansas after December 27, 1991, so long as: (1) The incinerator is monitored continuously and is in compliance with operating permit con- ditions. Should the incinerator fail to comply with the permit conditions relevant to the me- chanical operation of the incinerator, Aptus must test the residues generated during the run when the failure occurred according to the requirements of Conditions (2) through (4), re- gardless of whether or not the demonstration in Condition (5) has been made. (2) A minimum of four grab samples must be taken from each hopper (or other container) of kiln residue generated during each 24 hour run; all grabs collected during a given 24 hour run must then be composited to form one composite sample. A minimum of four grab sam- ples must also be taken from each hopper (or other container) of spray dryer/baghouse residue generated during each 24 hour run; all grabs collected during a given 24 hour run must then be composited to form one composite sample. Prior to the disposal of the resi- dues from each 24 hour run, a TCLP leachate test must be performed on these composite samples and the leachate analyzed for the TC toxic metals, nickel, and cyanide. If arsenic, chromium, lead or silver TC leachate test results exceed 1.6 ppm, barium levels exceed 32 ppm, cadmium or selenium levels exceed 0.3 ppm, mercury levels exceed 0.07 ppm, nickel levels exceed 10 ppm, or cyanide levels exceed 6.5 ppm, the wastes must be retreated to achieve these levels or must be disposed in accordance with subtitle C of RCRA. Analyses must be performed according to SW±846 methodologies. (3) Aptus must generate, prior to the disposal of the residues, verification data from each 24 hour run for each treatment residue (i.e., kiln residue, spray dryer/baghouse residue) to demonstrate that the maximum allowable treatment residue concentrations listed below are not exceeded. Samples must be collected as specified in Condition (2). Analyses must be performed according to SW±846 methodologies. Any residues which exceed any of the lev- els listed below must be retreated or must be disposed of as hazardous. Kiln residue and spray dryer/baghouse residue must not exceed the following levels: AldrinÐ0.015 ppm BenzeneÐ9.7 ppm Benzo(a)pyreneÐ0.43 ppm Benzo(b)fluorantheneÐ1.8 ppm ChlordaneÐ0.37 ppm ChloroformÐ5.4 ppm ChryseneÐ170 ppm Dibenz(a,h)anthraceneÐ0.083 ppm 1,2-DichloroethaneÐ4.1 ppm DichloromethaneÐ2.4 ppm 2,4-DichlorophenolÐ480 ppm DichlorvosÐ260 ppm DisulfatonÐ23 ppm Endosulfan IÐ310 ppm FluoreneÐ120 ppm Indeno(1,2,3,cd)-pyreneÐ330 ppm Methyl parathionÐ210 ppm NitrosodiphenylamineÐ130 ppm PhenanthreneÐ150 ppm Polychlorinated biphenylsÐ0.31 ppm TetrachloroethyleneÐ59 ppm 2,4,5-TP (silvex)Ð110 ppm 2,4,6-TrichlorophenolÐ3.9 ppm
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TABLE 1ÐWASTES EXCLUDED FROM NON-SPECIFIC SOURCESÐContinued
Facility Address Waste description
(4) Aptus must generate, prior to disposal of residues, verification data from each 24 hour run for each treatment residue (i.e., kiln residue, spray dryer/baghouse residue) to demonstrate that the residues do not contain tetra-, penta-, or hexachlorodibenzo-p-dioxins or furans at levels of regulatory concern. Samples must be collected as specified in Condition (2). The TCDD equivalent levels for the solid residues must be less than 5 ppt. Any residues with detected dioxins or furans in excess of this level must be retreated or must be disposed of as acutely hazardous. SW±846 Method 8290, a high resolution gas chromatography and high resolution mass spectroscopy (HRGC/HRMS) analytical method must be used. For tetra- and penta-chlorinated dioxin and furan homologs, the maximum practical quantitation limit must not exceed 15 ppt for the solid residues. For hexachlorinated dioxin and furan homologs, the maximum practical quantitation limit must not exceed 37 ppt for the solid residues. (5) The test data from Conditions (1), (2), (3), and (4) must be kept on file by Aptus for in- spection purposes and must be compiled, summarized, and submitted to the Director for the Characterization and Assessment Division, Office of Solid Waste, by certified mail on a monthly basis and when the treatment of the cancelled pesticides and related materials is concluded. The testing requirements for Conditions (2), (3), and (4) will continue until Aptus provides the Director with the results of four consecutive batch analyses for the petitioned wastes, none of which exceed the maximum allowable levels listed in these conditions and the director notifies Aptus that the conditions have been lifted. All data submitted will be placed in the RCRA public docket. (6) Aptus must provide a signed copy of the following certification statement when submitting data in response to the conditions listed above: ‘‘Under civil and criminal penalty of law for the making or submission of false or fraudulent statements or representations, I certify that the information contained in or accompanying this document is true, accurate, and com- plete. As to the (those) identified section(s) of this document for which I cannot personally verify its (their) truth and accuracy, I certify as the company official having supervisory re- sponsibility for the persons who, acting under my direct instructions, made the verification that this information is true, accurate, and complete.’’ Arco Building Sugarcreek, Dewatered wastewater treatment sludge (EPA Hazardous Waste No. F019) generated from Products. Ohio. the chemical conversion coating of aluminum after August 15, 1986. Arco Chemical Miami, FL ...... Dewatered wastewater treatment sludge (EPA Hazardous Waste No. FO19) generated from Co. the chemical conversion coating of aluminum after April 29, 1986. Arkansas De- Vertac Super- Kiln ash, cyclone ash, and calcium chloride salts from incineration of residues (EPA Haz- partment of fund site, ardous Waste No. F020 and F023) generated from the primary production of 2,4,5±T and Pollution Jacksonville, 2,4±D after August 24, 1990. This one-time exclusion applies only to the incineration of the Control and Arkansas. waste materials described in the petition, and it is conditional upon the data obtained from Ecology. ADPC&E's full-scale incineration facility. To ensure that hazardous constituents are not present in the waste at levels of regulatory concern once the full-scale treatment facility is in operation, ADPC&E must implement a testing program for the petitioned waste. This testing program must meet the following conditions for the exclusion to be valid: (1) Testing: Sample collection and analyses (including quality control (QC) procedures) must be performed according to SW±846 methodologies. (A) Initial testing: Representative grab samples must be taken from each drum and kiln ash and cyclone ash generated from each 24 hours of operation, and the grab samples composited to form one composite sample of ash for each 24-hour pe- riod. Representative grab samples must also be taken from each drum of calcium chloride salts generated from each 24 hours of operation and composited to form one composite sample of calcium chloride salts for each 24-hour period. The initial testing requirements must be fullfilled for the following wastes: (i) Incineration by- products generated prior to and during the incinerator's trial burn; (ii) incineration by-products from the treatment of 2,4±D wastes for one week (or 7 days if inciner- ation is not on consecutive days) after completion of the trial burn; (iii) incineration by-products from the treatment of blended 2,4±D and 2,4, 5±T wastes for two weeks (or 14 days if incineration is not on consecutive days) after completion of the trial burn; and (iv) incineration by-products from the treatment of blended 2,4± D and 2,4,5±T wastes for one week (or 7 days if incineration is not on consecutive days) when the percentage of 2, 4, 5±T wastes exceeds the maximum percentage treated under Condition (1)(A)(iii). Prior to disposal of the residues from each 24- hour sampling period, the daily composite must be analyzed for all the constitu- ents listed in Condition (3). ADPC&E must report the analytical test data, including quality control information, obtained during this initial period no later than 90 days after the start of the operation. (B) Subsequent testing: Representative grab samples of each drum of kiln and cy- clone ash generated from each week of operation must be composited to form one composite sample of ash for each weekly period. Representative grab sam- ples of each drum of calcium chloride salts generated from each week of oper- ation must also be composited to form one composite sample of calcium chloride salts for each weekly period.
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TABLE 1ÐWASTES EXCLUDED FROM NON-SPECIFIC SOURCESÐContinued
Facility Address Waste description
Prior to disposal of the residues from each weekly sampling period, the weekly com- posites must be analyzed for all of the constituents listed in Condition (3). The an- alytical data, including quality control information, must be compiled and main- tained on site for a minimum of three years. These data must be furnished upon request and made available for inspection by any employee or representative of EPA. (2) Waste holding: The incineration residues that are generated must be stored as haz- ardous until the initial verification analyses or subsequent analyses are completed. If the composite incineration residue samples (from either Condition (1)(A) or Condition (1)(B)) do not exceed any of the delisting levels set in Condition (3), the incineration residues corresponding to these samples may be managed and disposed of in accord- ance with all applicable solid waste regulations. If any composite incineration residue sample exceeds any of the delisting levels set in Condition (3), the incineration residues generated during the time period corresponding to this sample must be retreated until they meet these levels (analyses must be re- peated) or managed and disposed of in accordance with subtitle C of RCRA. Inciner- ation residues which are generated but for which analysis is not complete or valid must be managed and disposed of in accordance with subtitle C of RCRA, until valid analyses demonstrate that the wastes meet the delisting levels. (3) Delisting levels: If concentrations in one or more of the incineration residues for any of the hazardous constituents listed below exceed their respective maximum allowable concentrations also listed below, the batch of failing waste must either be re-treated until it meets these levels or managed and disposed of in accordance with subtitle C of RCRA. (A) Inorganics (Leachable): Arsenic, 0.32 ppm; Barium, 6.3 ppm; Cadmium, 0.06 ppm; Chromium, 0.32 ppm; Cyanide, 4.4 ppm; Lead, 0.32 ppm; Mercury, 0.01 ppm; Nickel, 4.4 ppm; Selenium, 0.06 ppm; Silver, 0.32 ppm. Metal concentrations must be measured in the waste leachate as per 40 CFR 261.24. Cyanide extrac- tions must be conducted using distilled water. (B) Organics: Benzene, 0.87 ppm; Benzo(a)anthracene, 0.10 ppm; Benzo(a)pyrene, 0.04 ppm; Benzo (b)fluoranthene, 0.16 ppm; Chlorobenzene, 152 ppm; o- Chlorophenol, 44 ppm; Chrysene, 15 ppm; 2, 4±D, 107 ppm; DDE, 1.0 ppm; Dibenz(a,h)anthracene, 0.007 ppm; 1, 4-Dichlorobenzene, 265 ppm; 1, 1- Dichloroethylene, 1.3 ppm; trans-1,2-Dichloroethylene, 37 ppm; Dichloromethane, 0.23 ppm; 2,4-Dichlorophenol, 43 ppm; Hexachlorobenzene, 0.26 ppm; Indeno (1,2,3-cd) pyrene, 30 ppm; Polychlorinated biphenyls, 12 ppm; 2,4,5±T, 1 × 10 6 ppm; 1,2,4,5-Tetrachlorobenzene, 56 ppm; Tetrachloroethylene, 3.4 ppm; Tri- chloroethylene, 1.1 ppm; 2,4,5-Trichlorophenol, 21,000 ppm; 2,4,6- Trichlorophenol, 0.35 ppm. (C) Chlorinated dioxins and furans: 2,3,7,8-Tetrachlorodibenzo-p-dioxin equivalents, 4 × 10¥7ppm. The petitioned by-product must be analyzed for the tetra-, penta-, hexa-, and heptachlorodibenzo-p-dioxins, and the tetra-, penta-, hexa-, and heptachlorodibenzofurans to determine the 2, 3, 7, 8-tetra- chlorodibenzo-p-dioxin equivalent concentration. The analysis must be conducted using Method 8290, a high resolution gas chromatography/high resolution mass spectrometry method, and must achieve practical quantitation limits of 15 parts per trillion (ppt) for the tetra- and penta- homologs, and 37 ppt for the hexa- and hepta- homologs. (4) Termination of testing: Due to the possible variability of the incinerator feeds, the test- ing requirements of Condition (1)(B) will continue indefinitely. (5) Data submittals: Within one week of system start-up, ADPC&E must notify the Sec- tion Chief, Variances Section (see address below) when the full-scale incineration sys- tem is on-line and waste treatment has begun. The data obtained through Condition (1)(A) must be submitted to the Section Chief, Variances Section, PSPD/OSW (OS± 343), U.S. EPA, 401 M Street SW., Washington, DC 20460, within the time period specified. At the Section Chief's request, ADPC&E must submit analytical data ob- tained through Condition (1)(B) within the time period specified by the Section Chief. Failure to submit the required data obtained from Condition (1)(A) within the specified time period or to maintain the required records for the time specified in Condition (1)(B) (or to submit data within the time specified by the Section Chief) will be consid- ered by the Agency, at its discretion, sufficient basis to revoke ADPC&E's exclusion to the extent directed by EPA. All data must be accompanied by the following certification statement:
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TABLE 1ÐWASTES EXCLUDED FROM NON-SPECIFIC SOURCESÐContinued
Facility Address Waste description
‘‘Under civil and criminal penalty of law for the making or submission of false or fraudu- lent statements or representations (pursuant to the applicable provisions of the Federal Code, which include, but may not be limited to, 18 U.S.C. 1001 and 42 U.S.C. 6928), I certify that the information contained in or accompanying this document is true, accu- rate and complete. As to the (those) identified section(s) of this document for which I cannot personally verify its (their) truth and accuracy, I certify as the company official having supervisory responsibility for the persons who, acting under my direct instruc- tions, made the verification that this information is true, accurate and complete. In the event that any of this information is determined by EPA in its sole discretion to be false, inaccurate or incomplete, and upon conveyance of this fact to the company, I recognize and agree that this exclusion of wastes will be void as if it never had effect or to the extent directed by EPA and that the company will be liable for any actions taken in contravention of the company's RCRA and CERCLA obligations premised upon the company's reliance on the void exclusion.’’ BBC Brown Sanford, FL .... Dewatered Wastewater treatment sludges (EPA Hazardous Waste No. F006) generated from Boveri, Inc. electroplating operations after October 17, 1986. Bethlehem Sparrows Stabilized filter cake (at a maximum annual rate of 1100 cubic yards) from the treatment of Steel Cor- Point, Mary- wastewater treatment sludges (EPA Hazardous Waste No. F006) generated from electro- poration. land. plating operations after [insert date of publication in FEDERAL REGISTER]. Bethlehem Steel (BSC) must implement a testing program that meets the following conditions for the exclu- sion to be valid: (1) Testing: Sample collection and analyses (including quality control (QC) procedures) must be performed according to SW±846 methodologies. If EPA judges the stabilization process to be effective under the conditions used during the initial verification testing, BSC may replace the testing required in Condition (1)(A) with the testing required in Condition (1)(B). BSC must continue to test as specified in Condition (1)(A) until and unless notified by EPA in writing that testing in Condition (1)(A) may be replaced by Condition (1)(B) (to the extent directed by EPA). (A) Initial Verification Testing: During at least the first eight weeks of operation of the full- scale treatment system, BSC must collect and analyze weekly composites representative of the stabilized waste. Weekly composites must be composed of representative grab sam- ples collected from every batch during each week of stabilization. The composite samples must be collected and analyzed, prior to the disposal of the stabilized filter cake, for all constituents listed in Condition (3). BSC must report the analytical test data, including a record of the ratios of lime kiln dust and fly ash used and quality control information, ob- tained during this initial period no later than 60 days after the collection of the last com- posite of stabilized filter cake. (B) Subsequent Verification Testing: Following written notification by EPA, BSC may sub- stitute the testing condition in (1)(B) for (1)(A). BSC must collect and analyze at least one composite representative of the stabilized filter cake generated each month. Monthly com- posites must be comprised of representative samples collected from all batches that are stabilized in a one-month period. The monthly samples must be analyzed prior to the dis- posal of the stabilized filter cake for chromium, lead and nickel. BSC may, at its discretion, analyze composite samples more frequently to demonstrate that smaller batches of waste are non-hazardous. (C) Annual Verification Testing: In order to confirm that the characteristics of the treated waste do not change significantly, BSC must, on an annual basis, analyze a representative composite sample of stabilized filter cake for all TC constituents listed in 40 CFR § 261.24 using the method specified therein. This composite sample must represent the stabilized fil- ter cake generated over one week. (2) Waste Holding and Handling: BSC must store, as hazardous, all stabilized filter cake generated until verification testing (as specified in Conditions (1)(A) and (1)(B)) is com- pleted and valid analyses demonstrate that the delisting levels set forth in Condition (3) are met. If the levels of hazardous constituents measured in the samples of stabilized filter cake generated are below all the levels set forth in Condition (3), then the stabilized filter cake is non-hazardous and may be managed and disposed of in accordance with all appli- cable solid waste regulations. If hazardous constituent levels in any weekly or monthly composite sample equal or exceed any of the delisting levels set in Condition (3), the sta- bilized filter cake generated during the time period corresponding to this sample must be retreated until it is below these levels or managed and disposed of in accordance with Sub- title C of RCRA. (3) Delisting Levels: All concentrations must be measured in the waste leachate by the method specified in 40 CFR § 261.24. The leachable concentrations for the constituents must be below the following levels (ppm): arsenicÐ4.8; bariumÐ100; cadmiumÐ0.48; chromiumÐ5.0; leadÐ1.4; mercuryÐ0.19; nickelÐ9.6; seleniumÐ1.0; silverÐ5.0.
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TABLE 1ÐWASTES EXCLUDED FROM NON-SPECIFIC SOURCESÐContinued
Facility Address Waste description
(4) Changes in Operating Conditions: After completing the initial verification test period in Condition (1)(A), if BSC decides to significantly change the stabilization process (e.g., sta- bilization reagents) developed under Condition (1), then BSC must notify EPA in writing prior to instituting the change. After written approval by EPA, BSC may manage waste gen- erated from the changed process as non-hazardous under this exclusion, provided the other conditions of this exclusion are fulfilled. (5) Data Submittals: Two weeks prior to system start-up, BSC must notify in writing the Section Chief, Delisting Section (see address below) when stabilization of the dewatered filter cake will begin. The data obtained through Condition (1)(A) must be submitted to the Section Chief, Delisting Section, OSW (5304), U.S. EPA, 401 M Street, SW, Washington, DC 20460 within the time period specified. The analytical data, including quality control in- formation and records of ratios of lime kiln dust and fly ash used, must be compiled and maintained on site for a minimum of five years. These data must be furnished upon re- quest and made available for inspection by EPA or the State of Maryland. Failure to submit the required data within the specified time period or maintain the required records on site for the specified time will be considered by the Agency, at its discretion, sufficient basis to revoke the exclusion to the extent directed by EPA. All data must be accompanied by a signed copy of the following certification statement to attest to the truth and accuracy of the data submitted: ‘‘Under civil and criminal penalty of law for the making or submission of false or fraudulent statements or representations (pursuant to the applicable provisions of the Federal Code, which include, but may not be limited to, 18 U.S.C § 1001 and 42 U.S.C § 6928), I certify that the information contained in or accompanying this document is true, accurate and complete. As to the (those) identified section(s) of this document for which I cannot personally verify its (their) truth and accuracy, I certify as the company official having supervisory re- sponsibility for the persons who, acting under my direct instructions, made the verification that this information is true, accurate and complete. In the event that any of this information is determined by EPA in its sole discretion to be false, inaccurate or incomplete, and upon conveyance of this fact to the company, I recog- nize and agree that this exclusion of waste will be void as if it never had effect or to the ex- tent directed by EPA and that the company will be liable for any actions taken in con- travention of the company's RCRA and CERCLA obligations premised upon the company's reliance on the void exclusion.’’ Boeing Com- Auburn, Wash- Residually contaminated soils in an inactive sludge pile containment area on March 27, 1990, mercial Air- ington. previously used to store wastewater treatment sludges generated from electroplating oper- plane Co. ations (EPA Hazardous Waste No. F006). Bommer Indus- Landrum, SC Wastewater treatment sludges (EPA Hazardous Waste No. F006) generated from their elec- tries Inc. troplating operations and contained in evaporation ponds #1 and #2 on August 12, 1987. BWX] Tech- Lynchburg, VA Wastewater treatment sludge from electroplating operations (EPA Hazardous Waste No. nologies. F006) generated at a maximum annual rate of 500 cubic yards per year, after January 14, 2000, and disposed of in a Subtitle D landfill. BWX Technologies must meet the following conditions for the exclusion to be valid: (1) Delisting Levels: All leachable concentrations for the following constituents measure using the SW±846 method 1311 (the TCLP) must not exceed the following levels (mg/l). (a) Inor- ganic constituentsÐAntimony-0.6; Arsenic-5.0; Barium-100; Beryllium-0.4; Cadmium-0.5; Chromium-5.0; Cobalt-210; Copper-130; Lead-1.5; Mercury-0.2; Nickel-70; Silver-5.0; Thal- lium-0.2; Tin-2100; Zinc-1000; Fluoride-400. (b) Organic constituentsÐAcetone-400; Meth- ylene Chloride-0.5. (2) Verification testing schedule: BWX Technologies must analyze a representative sample of the filter cake from the pickle acid treatment system on an annual, calendar year basis using methods with appropriate detection levels and quality control procedures. If the level of any constituent measured in the sample of filter cake exceeds the levels set forth in Paragraph 1, then the waste is hazardous and must be managed in accordance with Sub- title C of RCRA. Data from the annual verification testing must be submitted to EPA within 60 days of the sampling event. (3) Changes in Operating Conditions: If BWX Technologies significantly changes the manu- facturing or treatment process described in the petition, or the chemicals used in the manu- facturing or treatment process, BWX Technologies may not manage the filter cake gen- erated from the new process under this exclusion until it has met the following conditions: (a) BWX Technologies must demonstrate that the waste meets the delisting levels set forth in Paragraph 1; (b) it must demonstrate that no new hazardous constituents listed in ap- pendix VIII of part 261 have been introduced into the manufacturing or treatment process: and (c) it must obtain prior written approval from EPA to manage the waste under this ex- clusion.
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TABLE 1ÐWASTES EXCLUDED FROM NON-SPECIFIC SOURCESÐContinued
Facility Address Waste description
(4) Data Submittals: The data obtained under Paragraphs 2 and 3 must be submitted to The Waste and Chemicals Management Division, U.S. EPA Region III, 1650 Arch Street, Phila- delphia, PA 19103. Records of operating conditions and analytical data must be compiled, summarized, and maintained on site for a minimum of five years and must be furnished upon request by EPA or the Commonwealth of Virginia, and made available for inspection. Failure to submit the required data within the specified time period or to maintain the re- quired records on site for the specified time period will be considered by EPA, at its discre- tion, sufficient basis to revoke the exclusion to the extent determined necessary by EPA. All data must be accompanied by a signed copy of the certification statement set forth in 40 CFR 260.22(i)(12) to attest to the truth and accuracy of the data submitted. (5) Reopener: (a) If BWX Technologies discovers that a condition at the facility or an assumption related to the disposal of the excluded waste that was modeled or predicted in the petition does not occur as modeled or predicted, then BWX Technologies must report any information rel- evant to that condition, in writing, to the Regional Administrator or his delegate within 10 days of discovering that condition. (b) Upon receiving information described in paragraph (a) of this section, regardless of its source, the Regional Administrator or his delegate will determine whether the reported con- dition requires further action. Further action may include repealing the exclusion, modifying the exclusion, or other appropriate response necessary to protect human health and the environment. (6) Notification Requirements: BWX Technologies must provide a one-time written notification to any State Regulatory Agency to which or through which the delisted waste described above will be transported for disposal at least 60 days prior to the commencement of such activities. Failure to provide such a notification will be deemed to be a violation of this ex- clusion and may result in a revocation of the decision. Capitol Prod- Harrisburg, PA Dewatered wastewater treatment sludges (EPA Hazardous Waste No. FO19) generated from ucts Corp. the chemical conversion coating of aluminum after September 12, 1986. Capitol Prod- Kentland, IN ... Dewatered wastewater treatment sludges (EPA Hazardous Waste No. F019) generated from ucts Cor- the chemical conversion coating of aluminum after November 17, 1986. poration. Care Free Alu- Charlotte, Wastewater treatment sludge (EPA Hazardous Waste No. F019) generated from the chem- minum Prod- Michigan. ical conversion coating of aluminum (generated at a maximum annual rate of 100 cubic ucts, Inc. yards), after August 21, 1992. In order to confirm that the characteristics of the waste do not change significantly, the facility must, on an annual basis, analyze a representative composite sample for the constituents listed in § 261.24 using the method specified therein. The annual analytical results, including quality control information, must be compiled, cer- tified according to § 260.22(i)(12), maintained on-site for a minimum of five years, and made available for inspection upon request by any employee or representative of EPA or the State of Michigan. Failure to maintain the required records on-site will be considered by EPA, at its discretion, sufficient basis to revoke the exclusion to the extent directed by EPA. Chamberlian- Hot Springs, Dewatered wastewater treatment sludges (EPA Hazardous Waste No. F019) generated from Featherlite, AR. the chemical conversion coating of aluminum after July 16, 1986. Inc. Cincinnati Met- Cincinnati, OH Sluiced bottom ash (approximately 25,000 cubic yards) contained in the South Lagoon, on ropolitan September 13, 1985 which contains EPA Hazardous Waste Nos. F001, F002, F003, F004, Sewer Dis- and F005. trict. Clay Equip- Cedar Falls, Dewatered wastewater treatment sludges (EPA Hazardous Waste No. F006) and spent cya- ment Cor- Iowa. nide bath solutions (EPA Hazardous Waste No. F009) generated from electroplating oper- poration. ations and disposed of in an on-site surface impoundment. This is a onetime exclusion. This exclusion was published on August 1, 1989. Continental Olympia, WA Dewatered wastewater treatment sludges (DPA Hazardous Waste No. FO19) generated from Can Co. the chemical conversion coating of aluminum after September 12, 1986. Dover Corp., Tulsa, OK ...... Dewatered wastewater treatment sludge (EPA Hazardous Waste No. FO06) generated from Norris Div. their electroplating operations after April 29, 1986. DuraTherm, In- San Leon, Desorber solids, (at a maximum generation of 20,000 cubic yards per calendar year) gen- corporated. Texas. erated by DuraTherm using the thermal desorption treatment process, (EPA Hazardous Waste No. F037 and F038) and that is disposed of in subtitle D landfills after April 24, 2000. For the exclusion to be valid, DuraTherm must implement a testing program that meets the following Paragraphs: (1) Delisting Levels: All leachable concentrations for those constituents must not exceed the following levels (ppm). The petitioner must use an acceptable leaching method, for exam- ple SW±846, Method 1311 to measure constituents in the waste leachate. Desorber solids (i) Inorganic Constituents ArsenicÐ1.35; AntimonyÐ0.162; BariumÐ54.0; BerylliumÐ0.108; CadmiumÐ0.135; ChromiumÐ0.6; LeadÐ0.405; NickelÐ2.7; Sele- niumÐ1.0; SilverÐ5.0; VanadiumÐ5.4; ZincÐ270.
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TABLE 1ÐWASTES EXCLUDED FROM NON-SPECIFIC SOURCESÐContinued
Facility Address Waste description
(ii) Organic Constituents AnthraceneÐ0.28; BenzeneÐ0.135; Benzo(a) anthraceneÐ0.059; Benzo(b)fluorantheneÐ0.11; Benzo(a)pyreneÐ0.061; Bis-ethylhexylphthalateÐ0.28; Car- bon DisulfideÐ3.8; ChlorobenzeneÐ0.057; ChryseneÐ0.059; o,m,p CresolsÐ54; Dibenzo (a,h) anthraceneÐ0.055; 2,4 Dimethyl phenolÐ18.9; Dioctyl phthalateÐ0.017; EthylbenzeneÐ0.057; FluorantheneÐ0.068; FluoreneÐ0.059; NaphthaleneÐ0.059; Phen- anthreneÐ0.059; PhenolÐ6.2; PyreneÐ0.067; StyreneÐ2.7; TrichloroethyleneÐ0.054; TolueneÐ0.08; XyleneÐ0.032 (2) Waste Holding and Handling: (A) DuraTherm must store the desorber solids as described in its RCRA permit, or continue to dispose of as hazardous all desorber solids generated, until they have completed verification testing described in Paragraph (3)(A) and (B), as ap- propriate, and valid analyses show that paragraph (1) is satisfied. (B) In order to isolate wastes that have been processed in the unit prior to one of the waste codes to be delisted, DuraTherm must designate the first batch of F037, F038, K048, K049, K050, or K051 wastes as hazardous. Subsequent batches of these wastes which satisfy paragraph (1) are eligible for delisting if they meet the criteria in paragraph (1) and no additional constituents (other than those of the delisted waste streams) from the pre- viously processed wastes are detected. (C) Levels of constituents measured in the samples of the desorber solids that do not exceed the levels set forth in Paragraph (1) are nonhazardous. DuraTherm can manage and dis- pose the nonhazardous desorber solids according to all applicable solid waste regulations. (D) If constituent levels in a sample exceed any of the delisting levels set in Paragraph (1), DuraTherm must retreat or stabilize the batches of waste used to generate the representa- tive sample until it meets the levels in paragraph(1). DuraTherm must repeat the analyses of the treated waste. (E) If the facility has not treated the waste, DuraTherm must manage and dispose the waste generated under subtitle C of RCRA. (3) Verification Testing Requirements: DuraTherm must perform sample collection and anal- yses, including quality control procedures, according to SW±846 methodologies. If EPA judges the process to be effective under the operating conditions used during the initial verification testing, DuraTherm may replace the testing required in Paragraph (3)(A) with the testing required in Paragraph (3)(B). DuraTherm must continue to test as specified in Paragraph (3)(A) until and unless notified by EPA in writing that testing in Paragraph (3)(A) may be replaced by Paragraph (3)(B). (A) Initial Verification Testing: After EPA grants the final exclusion, DuraTherm must do the following: (i) Collect and analyze composites of the desorber solids. (ii) Make two composites of representative grab samples collected. (iii) Analyze the waste, before disposal, for all of the constituents listed in Paragraph 1. (iv) Sixty (60) days after this exclusion becomes final, report the operational and analytical test data, including quality control information. (v) Submit the test plan for conducting the multiple pH leaching procedure to EPA for ap- proval at least 10 days before conducting the analysis. (vi) Conduct a multiple pH leaching procedure on 10 samples collected during the sixty-day test period. (vii) The ten samples should include both non-stabilized and stabilized residual solids. If none of the samples collected during the sixty-day test period need to be stabilized, DuraTherm should provide multiple pH data on the first sample of stabilized wastes generated. (vii) Perform the toxicity characteristic leaching procedure using three different pH extraction fluids to simulate disposal under three conditions and submit the results within 60 days of completion. Simulate an acidic landfill environment, basic landfill environment, and a landfill environment similar to the pH of the waste. (B) Subsequent Verification Testing: Following written notification by EPA, DuraTherm may substitute the testing conditions in (3)(B) for (3)(A)(i). DuraTherm must continue to monitor operating conditions, and analyze representative samples each quarter of operation during the first year of waste generation. The samples must represent the waste generated in one quarter. DuraTherm must run the multiple pH procedure on these waste samples. (C) Termination of Organic Testing: (i) DuraTherm must continue testing as required under Paragraph (3)(B) for organic constituents in Paragraph (1)(A)(ii), until the analytical results submitted under Paragraph (3)(B) show a minimum of two consecutive samples below the delisting levels in Paragraph (1)(A)(i), DuraTherm may then request that EPA stop quarterly organic testing. After EPA notifies DuraTherm in writing, the company may end quarterly organic testing. (ii) Following cancellation of the quarterly testing, DuraTherm must continue to test a rep- resentative composite sample for all constituents listed in Paragraph (1) annually (by twelve months after final exclusion). (4) Changes in Operating Conditions: If DuraTherm significantly changes the process de- scribed in its petition or starts any processes that generate(s) the waste that may or could affect the composition or type of waste generated as established under Paragraph (1) (by illustration, but not limitation, changes in equipment or operating conditions of the treatment process), they must notify EPA in writing; they may no longer handle the wastes generated from the new process as nonhazardous until the wastes meet the delisting levels set in Paragraph (1) and they have received written approval to do so from EPA.
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TABLE 1ÐWASTES EXCLUDED FROM NON-SPECIFIC SOURCESÐContinued
Facility Address Waste description
(5) Data Submittals: DuraTherm must submit the information described below. If DuraTherm fails to submit the required data within the specified time or maintain the required records on-site for the specified time, EPA, at its discretion, will consider this sufficient basis to re- open the exclusion as described in Paragraph 6. DuraTherm must: (A) Submit the data obtained through Paragraph 3 to Mr. William Gallagher, Chief, Region 6 Delisting Program, EPA, 1445 Ross Avenue, Dallas, Texas 75202±2733, Mail Code, (6PD- O) within the time specified. (B) Compile records of operating conditions and analytical data from Paragraph (3), summa- rized, and maintained on-site for a minimum of five years. (C) Furnish these records and data when EPA or the State of Texas request them for inspec- tion. (D) Send along with all data a signed copy of the following certification statement, to attest to the truth and accuracy of the data submitted: Under civil and criminal penalty of law for the making or submission of false or fraudulent statements or representations (pursuant to the applicable provisions of the Federal Code, which include, but may not be limited to, 18 U.S.C. 1001 and 42 U.S.C. 6928), I certify that the information contained in or accompanying this document is true, accurate and com- plete. As to the (those) identified section(s) of this document for which I cannot personally verify its (their) truth and accuracy, I certify as the company official having supervisory responsibility for the persons who, acting under my direct instructions, made the verification that this in- formation is true, accurate and complete. If any of this information is determined by EPA in its sole discretion to be false, inaccurate or incomplete, and upon conveyance of this fact to the company, I recognize and agree that this exclusion of waste will be void as if it never had effect or to the extent directed by EPA and that the company will be liable for any actions taken in contravention of the company's RCRA and CERCLA obligations premised upon the company's reliance on the void exclu- sion. (6) Reopener Language: (A) If, anytime after disposal of the delisted waste, DuraTherm pos- sesses or is otherwise made aware of any environmental data (including but not limited to leachate data or groundwater monitoring data) or any other data relevant to the delisted waste indicating that any constituent identified for the delisting verification testing is at level higher than the delisting level allowed by the Regional Administrator or his delegate in granting the petition, then the facility must report the data, in writing, to the Regional Ad- ministrator or his delegate within 10 days of first possessing or being made aware of that data. (B) If the annual testing of the waste does not meet the delisting requirements in Paragraph 1, DuraTherm must report the data, in writing, to the Regional Administrator or his delegate within 10 days of first possessing or being made aware of that data. (C) If DuraTherm fails to submit the information described in paragraphs (5),(6)(A) or (6)(B) or if any other information is received from any source, the Regional Administrator or his delegate will make a preliminary determination as to whether the reported information re- quires Agency action to protect human health or the environment. Further action may in- clude suspending, or revoking the exclusion, or other appropriate response necessary to protect human health and the environment. (D) If the Regional Administrator or his delegate determines that the reported information does require Agency action, the Regional Administrator or his delegate will notify the facility in writing of the actions the Regional Administrator or his delegate believes are necessary to protect human health and the environment. The notice shall include a statement of the proposed action and a statement providing the facility with an opportunity to present infor- mation as to why the proposed Agency action is not necessary. The facility shall have 10 days from the date of the Regional Administrator or his delegate's notice to present such information. (E) Following the receipt of information from the facility described in paragraph (6)(D) or (if no information is presented under paragraph (6)(D)) the initial receipt of information described in paragraphs (5), (6)(A) or (6)(B), the Regional Administrator or his delegate will issue a final written determination describing the Agency actions that are necessary to protect human health or the environment. Any required action described in the Regional Adminis- trator or his delegate's determination shall become effective immediately, unless the Re- gional Administrator or his delegate provides otherwise. (7) Notification Requirements: DuraTherm must do following before transporting the delisted waste: Failure to provide this notification will result in a violation of the delisting petition and a possible revocation of the decision. (A) Provide a one-time written notification to any State Regulatory Agency to which or through which they will transport the delisted waste described above for disposal, 60 days before beginning such activities. (B) Update the one-time written notification if they ship the delisted waste into a different dis- posal facility.
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TABLE 1ÐWASTES EXCLUDED FROM NON-SPECIFIC SOURCESÐContinued
Facility Address Waste description
Eli Lilly and Clinton, Indi- Incinerator scrubber liquids, entering and contained in their onsite surface impoundment, and Company. ana. solids settling from these liquids originating from the burning of spent solvents (EPA Haz- ardous Waste Nos. F002, F003, and F005) contained in their onsite surface impoundment and solids retention area on August 18, 1988 and any new incinerator scubber liquids and settled solids generated in the surface impoundment and and disposed of in the retention are after August 12, 1988. Envirite of Illi- Harvey, Illinois See waste description under Envirite of Pennsylvania. nois (for- merly Envirite Cor- poration). Envirite of Ohio Canton, Ohio See waste description under Envirite of Pennsylvania. (formerly Envirite Cor- poration). Envirite of York, Pennsyl- Dewatered wastewater sludges (EPA Hazardous Waste No .F006) generated from electro- Pennsylvania vania. plating operations; spent cyanide plating solutions (EPA Hazardous Waste No. F007) gen- (formerly erated from electroplating operations; plating bath residues from the bottom of plating baths Envirite Cor- (EPA Hazardous Waste No. F008) generated from electroplating operations where poration). cyanides are used in the process; spent stripping and cleaning bath solutions (EPA Haz- ardous Waste No. F009) generated from electroplating operations where cyanides are used in the process; spent cyanide solutions from salt bath pot cleaning (EPA Hazardous Waste No. F011) generated from metal heat treating operations; quenching wastewater treatment sludges (EPA Hazardous Waste No. F012) generated from metal heat treating where cyanides are used in the process; wastewater treatment sludges (EPA Hazardous Waste No. F019) generated from the chemical conversion coating of aluminum after No- vember 14, 1986. To ensure that hazardous constituents are not present in the waste at levels of regulatory concern, the facility must implement a contingency testing program for the petitioned waste. This testing program must meet the following conditions for the exclu- sions to be valid: (1) Each batch of treatment residue must be representatively sampled and tested using the EP Toxicity test for arsenic, barium, cadmium, chromium, lead, selenium, silver, mercury, and nickel. If the extract concentrations for chromium, lead, arsenic, and silver exceed 0.315 ppm; barium levels exceed 6.3 ppm; cadmium and selenium exceed 0.063 ppm; mercury exceeds 0.0126 ppm; or nickel levels exceed 2.205 ppm; the waste must be re- treated or managed and disposed as a hazardous waste under 40 CFR Parts 262 to 265 and the permitting standards of 40 CFR Part 270. (2) Each batch of treatment residue must be tested for reactive and leachable cyanide. If the reactive cyanide levels exceed 250 ppm or leachable cyanide levels (using the EP Toxicity test without acetic acid adjustment) exceed 1.26 ppm, the waste must be re-treated or managed and disposed as a hazardous waste under 40 CFR Parts 262 to 265 and the permitting standards of 40 CFR Part 270. (3) Each batch of waste must be tested for the total content of specific organic toxicants. If the total content of anthracene exceeds 76.8 ppm, 1,2-diphenyl hydrazine exceeds 0.001 ppm, methylene chloride exceeds 8.18 ppm, methyl ethyl ketone exceeds 326 ppm, n- nitrosodiphenylamine exceeds 11.9 ppm, phenol exceeds 1,566 ppm, tetrachloroethylene exceeds 0.188 ppm, or trichloroethylene exceeds 0.592 ppm, the waste must be managed and disposed as a hazardous waste under 40 CFR Parts 262 to 265 and the permitting standards of 40 CFR Part 270. (4) A grab sample must be collected from each batch to form one monthly composite sample which must be tested using GC/MS analysis for the compounds listed in #3, above, as well as the remaining organics on the priority pollutant list. (See 47 FR 52309, November 19, 1982, for a list of the priority pollutants.) (5) The data from conditions 1±4 must be kept on file at the facility for inspection purposes and must be compiled, summarized, and submitted to the Administrator by certified mail semi-annually. The Agency will review this information and if needed will propose to modify or withdraw the exclusion. The organics testing described in conditions 3 and 4, above, are not required until six months from the date of promulgation. The Agency's decision to con- ditionally exclude the treatment residue generated from the wastewater treatment systems at these facilities applies only to the wastewater and solids treatment systems as they presently exist as described in the delisting petition. The exclusion does not apply to the proposed process additions described in the petition as recovery including crystallization, electrolytic metals recovery, evaporative recovery, and ion exchange.
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TABLE 1ÐWASTES EXCLUDED FROM NON-SPECIFIC SOURCESÐContinued
Facility Address Waste description
EPA's Mobile Denney Farm Process wastewater, rotary kiln ash, CHEAF media, and other solids (except spent activated Incineration Site; carbon) (EPA Hazardous Waste Nos. F020, F022, F023, F026, F027, and F028) generated System. McDowell, during the field demonstration of EPA's Mobile Incinerator at the Denney Farm Site in MO. McDowell, Missouri, after July 25, 1985, so long as: (1) The incinerator is functioning prop- erly; (2) a grab sample is taken from each tank of wastewater generated and the EP leach- ate values do not exceed 0.03 ppm for mercury, 0.14 ppm for selenium, and 0.68 ppm for chromium; and (3) a grab sample is taken from each drum of soil or ash generated and a core sample is collected from each CHEAF roll generated and the EP leachate values of daily composites do not exceed 0.044 ppm in ash or CHEAF media for mercury or 0.22 ppm in ash or CHEAF media for selenium. Falconer Glass Falconer, NY Wastewater treatment sludges from the filter press and magnetic drum separator (EPA Haz- Indust., Inc. ardous Waste No. F006) generated from electroplating operations after July 16, 1986. Florida Produc- Daytona This is a one-time exclusion. Wastewater treatment sludges (EPA Hazardous Waste No. tion Engi- Beach, Flor- F006) generated from electroplating operations and contained in four on-site trenches on neering ida. January 23, 1987. Company. General Elec- Shreveport Wastewater treatment sludges (EPA Hazardous Waste No. F006) generated from electro- tric Company. Louisiana. plating operations and contained in four on-site treatment ponds on August 12, 1987. General Motors Elyria, OH ...... The residue generated from the use of the Chemfix treatment process on sludge (EPA Haz- Corp., Fisher ardous Waste No. F006) generated from electroplating operations and contained in three Body Divi- on-site surface impoundments on November 14, 1986. To assure that stabilization occurs, sion. the following conditions apply to this exclusion: (1) Mixing ratios shall be monitored continuously to assure consistent treatment. (2) One grab sample of the treated waste shall be taken each hour as it is pumped to the holding area (cell) from each trailer unit. At the end of each production day, the grab sam- ples from the individual trailer units will be composited and the EP toxicity test will be run on each composite sample. If lead or total chromium concentrations exceed 0.315 ppm or if nickel exceeds 2.17 ppm, in the EP extract, the waste will be removed and retreated or disposed of as a hazardous waste. (3) The treated waste shall be pumped into bermed cells which are constructed to assure that the treated waste is identifiable and retrievable (i.e., the material can be removed and either disposed of as a hazardous waste or retreated if conditions 1 or 2 are not met). Failure to satisfy any of these conditions would render the exclusion void. This is a one-time exclusion, applicable only to the residue generated from the use of the Chemfix treatment process on the sludge currently contained in the three on-site surface impoundments. General Motors Lake Orion, Wastewater treatment plant (WWTP) sludge from the chemical conversion coating (phos- Corporation. Michigan. phate coating) of aluminum (EPA Hazardous Waste No. F019) generated at a maximum annual rate of 1,500 tons per year (or 1,500 cubic yards per year), after October 24, 1997 and disposed of in a Subtitle D landfill. 1. Verification Testing: GM must implement an annual testing program to demonstrate, based on the analysis of a minimum of four representative samples, that the constituent con- centrations measured in the TCLP (or OWEP, where appropriate) extract of the waste are within specific levels. The constituent concentrations must not exceed the following levels (mg/l) which are back-calculated from the delisting health-based levels and a DAF of 90: ArsenicÐ4.5; CobaltÐ189; CopperÐ 126; NickelÐ63; VanadiumÐ18; ZincÐ900; 1,2- DichloroethaneÐ0.45; EthylbenzeneÐ63; 4-MethylphenolÐ16.2; NaphthaleneÐ90; Phe- nolÐ1800; and XyleneÐ900. The constituent concentrations must also be less than the following levels (mg/l) which are the toxicity characteristic levels: BariumÐ100.0; and Chro- mium (total)Ð5.0. 2. Changes in Operating Conditions: If GM significantly changes the manufacturing or treat- ment process or the chemicals used in the manufacturing or treatment process, GM may handle the WWTP filter press sludge generated from the new process under this exclusion after the facility has demonstrated that the waste meets the levels set forth in paragraph 1 and that no new hazardous constituents listed in Appendix VIII of Part 261 have been intro- duced. 3. Data Submittals: The data obtained through annual verification testing or paragraph 2 must be submitted to U.S. EPA Region 5, 77 W. Jackson Blvd., Chicago, IL 60604±3590, within 60 days of sampling. Records of operating conditions and analytical data must be com- piled, summarized, and maintained on site for a minimum of five years and must be made available for inspection. All data must be accompanied by a signed copy of the certification statement in 260.22(I)(12). General Motors Lansing, Wastewater treatment plant (WWTP) sludge from the chemical conversion coating (phos- Corporation. Michigan. phate coating) of aluminum (EPA Hazardous Waste No. F019) generated at a maximum Lansing Car annual rate of 1,250 cubic yards per year and disposed of in a Subtitle D landfill, after May AssemblyÐ 16, 2000. Body Plant. 1. Delisting Levels:
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TABLE 1ÐWASTES EXCLUDED FROM NON-SPECIFIC SOURCESÐContinued
Facility Address Waste description
(A) The constituent concentrations measured in the TCLP extract may not exceed the fol- lowing levels (mg/L): AntimonyÐ0.576; ArsenicÐ4.8; BariumÐ100; BerylliumÐ0.384; CadmiumÐ0.48; Chromium (total)Ð5; CobaltÐ201.6; CopperÐ124.8; LeadÐ1.44; Mer- curyÐ0.192; NickelÐ67.2; SeleniumÐ1; SilverÐ5; ThalliumÐ0.192; TinÐ2016; Vana- diumÐ28.8; ZincÐ960; CyanideÐ19.2; FluorideÐ384; AcetoneÐ336; m,pÐCresolÐ 19.2; 1,1ÐDichloroethaneÐ0.0864; EthylbenzeneÐ67.2; FormaldehydeÐ672; PhenolÐ 1920; TolueneÐ96; 1,1,1ÐTrichloroethaneÐ19.2; XyleneÐ960. (B) The total concentration of formaldehyde in the waste may not exceed 2100 mg/kg. (C) Analysis for determining reactivity from sulfide must be added to verification testing when an EPA-approved method becomes available. 2. Verification Testing: GM must implement an annual testing program to demonstrate that the constituent concentrations measured in the TCLP extract (or OWEP, where appro- priate) of the waste do not exceed the delisting levels established in Condition (1). 3. Changes in Operating Conditions: If GM significantly changes the manufacturing or treat- ment process or the chemicals used in the manufacturing or treatment process, GM must notify the EPA of the changes in writing. GM must handle wastes generated after the proc- ess change as hazardous until GM has demonstrated that the wastes meet the delisting levels set forth in Condition (1), that no new hazardous constituents listed in Appendix VIII of Part 261 have been introduced, and GM has received written approval from EPA. 4. Data Submittals: GM must submit the data obtained through annual verification testing or as required by other conditions of this rule to U.S. EPA Region 5, 77 W. Jackson Blvd. (DW±8J), Chicago, IL 60604, within 60 days of sampling. GM must compile, summarize, and maintain on site for a minimum of five years records of operating conditions and ana- lytical data. GM must make these records available for inspection. All data must be accom- panied by a signed copy of the certification statement in 40 CFR 260.22(i)(12). 5. Reopener LanguageÐ(a) If, anytime after disposal of the delisted waste, GM possesses or is otherwise made aware of any environmental data (including but not limited to leachate data or groundwater monitoring data) or any other data relevant to the delisted waste indi- cating that any constituent identified in Condition (1) is at a level in the leachate higher than the delisting level established in Condition (1), or is at a level in the ground water or soil higher than the level predicted by the CML model, then GM must notify the Regional Administrator in writing within 10 days and must report the data within 45 days of first pos- sessing or being made aware of that data. (b) Based on the information described in paragraph (a) and any other information received from any source, the Regional Administrator will make a preliminary determination as to whether the reported information requires Agency action to protect human health or the en- vironment. Further action may include suspending, or revoking the exclusion, or other ap- propriate response necessary to protect human health and the environment. (c) If the Regional Administrator determines that the reported information does require Agen- cy action, the Regional Administrator will notify GM in writing of the actions the Regional Administrator believes are necessary to protect human health and the environment. The notice shall include a statement of the proposed action and a statement providing GM with an opportunity to present information as to why the proposed Agency action is not nec- essary or to suggest an alternative action. GM shall have 10 days from the date of the Re- gional Administrator's notice to present the information. (d) If after 10 days GM presents no further information, the Regional Administrator will issue a final written determination describing the Agency actions that are necessary to protect human health or the environment. Any required action described in the Regional Adminis- trator's determination shall become effective immediately, unless the Regional Adminis- trator provides otherwise. Geological Morrisville, PA Wastewater treatment sludge filter cake from the treatment of EPA Hazardous Waste No. Reclamation F039, generated at a maximum annual rate of 1,000 cubic yards. This exclusion was pub- Operations lished on August 20, 1991. This exclusion covers the filter cake resulting from the treat- and Sys- ment of hazardous leachate derived from only ‘‘old’’ GROWS and non-hazardous leachate tems, Inc. derived from only non-hazardous sources. This exclusion does not address the wastes dis- posed of in the ‘‘old’’ GROWS Landfill or the grit generated during the removal of heavy solids from the landfill leachate. To ensure that hazardous constituents are not present in the filter cake at levels of regulatory concern, GROWS must implement a testing program for the petitioned waste. This testing program must meet the conditions listed below in order for the exclusion to be valid: (1) Testing: Sample collection and analyses, including quality control (QC) procedures, must be performed according to SW±846 methodologies. (A) Sample Collection: Each batch of waste generated over a four-week period must be col- lected in containers with a maximum capacity of 20-cubic yards. At the end of the four- week period, each container must be divided into four quadrants and a single, full-depth core sample shall be collected from each quadrant. All of the full-depth core samples then must be composited under laboratory conditions to produce one representative composite sample for the four-week period.
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TABLE 1ÐWASTES EXCLUDED FROM NON-SPECIFIC SOURCESÐContinued
Facility Address Waste description
(B) Sample Analysis: Each four-week composite sample must be analyzed for all of the con- stituents listed in Condition (3). The analytical data, including quality control information, must be compiled and maintained on site for a minimum of three years. These data must be furnished upon request by any employee or representative of EPA or state of Pennsyl- vania. (2) Waste Holding: The dewatered filter cake waste must be stored as hazardous until the verification analyses are completed. If the four-week composite sample does not exceed any of the delisting levels set in Condi- tion (3), the filter cake waste corresponding to this sample may be managed and disposed of in accordance with all applicable solid waste regulations. If the four-week composite sample exceeds any of the delisting levels set in Condition (3), the filter cake waste gen- erated during the time period corresponding to the four-week composite sample must be retreated until it meets these levels (analyses must be repeated) or managed and disposed of in accordance with subtitle C of RCRA. Filter cake waste which is generated but for which analyses are not complete or valid must be managed and disposed of in accordance with subtitle C of RCRA, until valid analyses demonstrate that the waste meets the delisting levels. (3) Delisting Levels: If the concentrations in the four-week composite sample of the filter cake waste for any of the hazardous constituents listed below exceed their respective maximum allowable concentrations (ppm) also listed below, the four-week batch of failing filter cake waste must either be retreated until it meets these levels or managed and disposed of in accordance with subtitle C of RCRA. (A) Inorganics (Leachable): ArsenicÐ0.79 BariumÐ15.9 CadmiumÐ0.16 ChromiumÐ0.79 CyanideÐ11.1 LeadÐ0.79 MercuryÐ0.032 SeleniumÐ0.16 SilverÐ0.79 NickelÐ11.1 Leachable metal concentrations must be measured in the filter cake leachate as per 40 CFR § 261.24. Cyanide extractions must be conducted using distilled water in place of the leach- ing media per 40 CFR § 261.24. (B) Organics: AcetoneÐ2.02E+03 AcetophenoneÐ3.53E+04 Acetonitrile; Methyl cyanideÐ2.43E+01 AcroleinÐ1.38E+02 AcrylonitrileÐ6.26E¥04 AldrinÐ5.27E¥03 AnilineÐ8.72E¥01 AnthraceneÐ3.01E+02 BenzeneÐ3.47E+00 Benzo[a]anthraceneÐ5.78E¥01 Benzo(b)fluorantheneÐ6.41E¥01 Benzo(k)fluorantheneÐ3.04E+03 Benzo[a]pyreneÐ1.51E¥01 gamma-BHC; LindaneÐ5.90E¥01 Bis(2-chloroethyl) etherÐ6.94E¥04 Bis(2-ethylhexyl) phthalateÐ1.64E+02 BromodichloromethaneÐ2.94E+03 Bromoform; TribromomethaneÐ3.76E+03 Butyl benzyl phthalateÐ2.49E+05 Carbon disulfideÐ4.98E+04 Carbon tetrachlorideÐ5.49E+00 ChlordaneÐ7.51E+01 p-ChloroanilineÐ1.85E+02 ChlorobenzeneÐ5.95E+02 ChlorobenzilateÐ1.68E+03 p-Chloro-m-cresolÐ5.18E+02 ChloroformÐ1.94E+00 2-ChlorophenolÐ1.72E+02 ChryseneÐ5.92E+01 CresolÐ4.91E+03 2,4-D; 2,4-Dichlorophenoxyacetic acidÐ4.17E+02 4,4′-DDD; DDDÐ2.33E+00 4,4′-DDE; DDEÐ3.86E+00 4,4′-DDT; DDTÐ1.21E+01 Dibenz[a,h]anthraceneÐ2.86E¥02
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TABLE 1ÐWASTES EXCLUDED FROM NON-SPECIFIC SOURCESÐContinued
Facility Address Waste description
Dibromochloromethane; ChlorodibromomethaneÐ3.05E+03 1,2-Dibromo-3-chloropropaneÐ4.09E¥02 1,2-Dibromoethane; Ethylene dibromideÐ2.37E¥03 Di-n-butyl phthalateÐ9.84E+05 o-Dichlorobenzene; 1,2-DichlorobenzeneÐ1.95E+04 m-Dichlorobenzene; 1,3-DichlorobenzeneÐ1.87E+05 p-Dichlorobenzene; 1,4-DichlorobenzeneÐ1.03E+03 3,3′-DichlorobenzidineÐ2.21E¥01 DichlorodifluoromethaneÐ4.15E+05 1,1-DichloroethaneÐ4.45E¥02 1,2-Dichloroethane; Ethylene dichlorideÐ1.45E+00 1,1-DichloroethyleneÐ4.96E+00 trans-1,2-DichloroethyleneÐ1.42E+02 2,4-DichlorophenolÐ1.69E+02 1,2-DichloropropaneÐ2.73E+00 1,3-Dichloropropene (total cis and trans isomers)Ð2.32E¥02 DieldrinÐ5.04E¥03 Diethyl phthalateÐ1.00E+06 DimethoateÐ1.32E+00 7,12-Dimethylbenz[a]anthraceneÐ1.46E¥02 2,4-DimethylphenolÐ4.87E+01 Dimethyl phthalateÐ1.00E+06 m-DinitrobenzeneÐ5.14E+00 4,6-Dinitro-o-cresolÐ2.00E+02 2,4-DinitrophenolÐ8.96E+01 Dinitrotoluene (total of-2,4- and 2,6- isomers)Ð4.54E¥03 Dinoseb; DNBPÐ5.26E+02 Di-n-octyl phthalateÐ1.34E+05 1,4-DioxaneÐ7.89E¥02 DiphenylamineÐ4.81E+04 DisulfotonÐ3.34E+00 Endosulfan I and Endosulfan II (total)Ð7.74E+01 EndrinÐ3.92E+00 EthylbenzeneÐ1.94E+04 FluorantheneÐ1.16E+05 FluoreneÐ4.09E+01 HeptachlorÐ1.31E+01 Heptachlor epoxideÐ3.26E+00 HexachlorobenzeneÐ1.02E+00 HexachlorobutadieneÐ2.01E+01 HexachlorocyclopentadieneÐ3.23E+04 HexachloroethaneÐ1.15E+01 Hexachlorophene;Ð1.22E+04 Indeno (1,2,3-cd) pyreneÐ1.16E+02 Isobutyl alcohol; IsobutanolÐ3.22E+04 IsophoroneÐ2.86E+00 Methacrylonitrile; 2-methyl-2-PropenenitrileÐ5.77E¥01 MethoxychlorÐ1.03E+05 Methylbromide; BromomethaneÐ1.41E+02 Methyl chloride; ChloromethaneÐ3.22E+04 Methylene chloride; DichloromethaneÐ9.07E¥01 Methyl ethyl ketone; 2-ButanoneÐ1.50E+03 Methyl methacrylateÐ5.08E+05 Methyl parathion; Phosphorothioic acidÐ5.27E+01 4-Methyl-2-pentanone; Methyl isobutyl ketoneÐ6.40E+03 NaphthaleneÐ1.00E+06 NitrobenzeneÐ2.56E+01 N-Nitroso-di-n-butylamineÐ8.15E¥05 N-NitrosodiethylamineÐ2.00E¥07 N-NitrosodimethylamineÐ2.19E¥05 N-NitrosodiphenylamineÐ4.55E+01 N-Nitrosodipropylamine; Di-n-propylnitrosamine; N-Nitrosodi-n-propylamineÐ5.02E¥05 Nitrosopyrrolidine; N-Nitrosopyrrolidine; l-nitroso-PyrrolidineÐ3.06E¥05 Polychlorinated biphenyls;Ð4.77E+01 PentachlorobenzeneÐ8.91E+03 PentachloronitrobenzeneÐ2.82E+00 PentachlorophenolÐ1.14E+04 PhenanthreneÐ5.46E+01 PhenolÐ8.00E+04 PronamideÐ2.13E+05 PyreneÐ1.00E+06 PyridineÐ1.31E+01
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TABLE 1ÐWASTES EXCLUDED FROM NON-SPECIFIC SOURCESÐContinued
Facility Address Waste description
Silvex; 2,4,5-TP; 2-(2,4,5-trichlorophenoxy)-Propanoic acidÐ3.87E+01 StyreneÐ9.14E+00 2,4,5-T; 2,4,5-Trichlorophenoxyacetic acidÐ6.63E+03 1,2,4,5-TetrachlorobenzeneÐ2.19E+02 1,1,2,2-TetrachloroethaneÐ2.28E¥02 Tetrachloroethene; TetrachloroethyleneÐ1.34E+01 2,3,4,6-TetrachlorophenolÐ1.17E+04 Tetraethyl dithiopyrophosphateÐ2.51E+02 TolueneÐ4.58E+04 ToxapheneÐ3.09E+02 1,2,4-TrichlorobenzeneÐ4.75E+04 1,1,1-TrichloroethaneÐ8.70E+02 1,1,2-TrichloroethaneÐ9.03E¥02 Trichloroethylene; TrichloroetheneÐ4.47E+00 TrichlorofluoromethaneÐ3.31E+05 2,4,5-TrichlorophenolÐ8.20E+04 2,4,6-TrichlorophenolÐ1.38E+00 1,2,3-TrichloropropaneÐ5.46E+02 sym-TrinitrobenzeneÐ2.17E+00 Vinyl chlorideÐ7.11E¥01 Xylene (total)Ð8.49E+05 Goodyear Tire Randleman, Dewatered wastewater treatment sludges (EPA Hazardous Waste No. F006) generated from and Rubber NC. electroplating operations. Co. Gould, Inc ...... McConnels- Wastewater treatment sludge (EPA Hazardous Waste No. F006) generated from electro- ville, OH. plating operations after November 27, 1985. Hoechst Cel- Bucks, Ala- Distillation bottoms generated (at a maximum annual rate of 31,500 cubic yards) from the anese Cor- bama. production of sodium hydrosulfite (EPA Hazardous Waste No. F003). This exclusion was poration. published on July 17, 1990. This exclusion does not include the waste contained in Hoechst Celanese's on-site surface impoundment. Hoechst Cel- Leeds, South Distillation bottoms generated (at a maximum annual rate of 38,500 cubic yards) from the anese Cor- Carolina. production of sodium hydrosulfite (EPA Hazardous Waste No. F003). This exclusion was poration. published on July 17, 1990. Hanover Wire Hanover, Dewatered filter cake (EPA Hazardous Waste No. F006) generated from electroplating oper- Cloth Divi- Pennsyl- ations after August 15, 1986. sion. vania. Holston Army Kingsport, Dewatered wastewater treatment sludges (EPA Hazardous Waste Nos. F003, F005, and Ammunition Tennessee. K044) generated from the manufacturing and processing of explosives and containing Plant. spent non-halogenated solvents after November 14, 1986. Imperial Clevite Salem, IN ...... Solid resin cakes containing EPA Hazardous Waste No. F002 generated after August 27, 1985, from solvent recovery operations. Indiana Steel & Munci, IN ...... Dewatered wastewater treatment sludges (EPA Hazardous Waste Nos. F006 and K062) gen- Wire Cor- erated from electroplating operations and steel finishing operations after October 24, 1986. poration (for- This exclusion does not apply to sludges in any on-site impoundments as of this date. merly Gen- eral Cable Co.). International Terre Haute, Spent non-halogenated solvents and still bottoms (EPA Hazardous Waste No. F003) gen- Minerals and Indiana. erated from the recovery of n-butyl alchohol after August 15, 1986. Chemical Corporation. Kawneer Com- Springdale, Ar- Wastewater treatment filter press sludge (EPA Hazardous Waste No. F019) generated (at a pany, Incor- kansas. maximum annual rate of 26 cubic yards) from the chemical conversion coating of alu- porated. minum. This exclusion was published on November 13, 1990. Kay-Fries, Inc Stoney Point, Biological aeration lagoon sludge and filter press sludge generated after September 21, 1984, NY. which contain EPA Hazardous Waste Nos. F003 and F005 as well as that disposed of in a holding lagoon as of September 21, 1984. Keymark Corp Fonda, NY ..... Wastewater treatment sludge (EPA Hazardous Waste No. F019) generated from chemical conversion coating of aluminum after November 27, 1985. Keymark Corp Fonda, NY ..... Wastewater treatment sludges (EPA Hazardous Waste No. F019) generated from the chem- ical conversion coating of aluminum and contained in an on-site impoundment on August 12, 1987. This is a one-time exclusion. Lederle Lab- Pearl River, Spent non±halogenated solvents and still bottoms (EPA Hazardous Waste Nos. F003 and oratories. NY. F005) generated from the recovery of the following solvents: Xylene, acetone, ethyl ace- tate, ethyl ether, methyl isobutyl ketone, n±butyl alcohol, cyclohexanone, methanol, tol- uene, and pyridine after August 2, 1988. Excusion applies to primary and secondary filter press sludges and compost soils generated from these sludges. Lincoln Plating Lincoln, NE .... Wastewater treatment sludges (EPA Hazardous Waste No. F006) generated from electro- Company. plating operations after November 17, 1986. Loxcreen Com- Hayti, MO ...... Dewatered wastewater treatment sludges (EPA Hazardous Waste No. F019) generated from pany, Inc. the chemical conversion coating of aluminum after July 16, 1986.
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TABLE 1ÐWASTES EXCLUDED FROM NON-SPECIFIC SOURCESÐContinued
Facility Address Waste description
MAHLE, Inc. ... Morristown, Wastewater treatment sludge filter cake (EPA Hazardous Waste No. F019) generated from Tennessee. the chemical conversion coating of aluminum (generated at a maximum annual rate of 33 cubic yards), after August 21, 1992. In order to confirm that the characteristics of the waste do not change significantly, the facility must, on an annual basis sample and test for the constituents listed in 40 CFR 261.24 using the method specified therein. The annual ana- lytical results (including quality control information) must be compiled, certified according to 40 CFR 260.22(i)(12), maintained on-site for a minimum of five years, and made available for inspection upon request by representatives of EPA or the State of Tennessee. Failure to maintain the required records on-site will be considered by EPA, at its discretion, suffi- cient basis to revoke the exclusion to the extent directed by EPA. Marquette Milwaukee, Wastewater treatment sludge (EPA Hazardous Waste No. F006) generated from electro- Electronics Wisconsin. plating operations. This exclusion was published on April 20, 1989. Incorporated. Martin Marietta Ocala, Florida Dewatered wastewater treatment sludges (EPA Hazardous Waste No. F006) generated from Aerospace. electroplating operations after January 23, 1987. Mason Cham- Bay St. Louis, Wastewater treatment sludge filter cake (EPA Hazardous Waste No. F019) generated (at a berlain, In- Mississippi. maximum annual rate of 1,262 cubic yards) from the chemical conversion coating of alu- corporated. minum. This exclusion was published on October 27, 1989. Maytag Com- Newton, IA ..... Wastewater treatment sludges (EPA Hazardous Waste No. F006) generated from electro- pany. plating operations and wastewater treatment sludges (EPA Hazardous Waste No. F019) generated from the chemical conversion coating of aluminum November 17, 1986. McDonnell Tulsa, Okla- Stabilized wastewater treatment sludges from surface impoundments previously closed as a Douglas Cor- homa. landfill (at a maximum generation of 85,000 cubic yards on a one-time basis). EPA Haz- poration. ardous Waste No. F019, F002, F003, and F005 generated at U.S. Air Force Plant No. 3, Tulsa, Oklahoma and is disposed of in Subtitle D landfills after February 26, 1999. McDonnell Douglas must implement a testing program that meets the following conditions for the exclusion to be valid: (1) Delisting Levels: All leachable concentrations for the constituents in Conditions (1)(A) and (1)(B) in the approximately 5,000 cubic yards of combined stabilization materials and exca- vated sludges from the bottom portion of the northwest lagoon of the surface impound- ments which are closed as a landfill must not exceed the following levels (ppm) after the stabilization process is completed in accordance with Condition (3). Constituents must be measured in the waste leachate by the method specified in 40 CFR 261.24. Cyanide ex- tractions must be conducted using distilled water in the place of the leaching media per 40 CFR 261.24. Constituents in Condition (1)(C) must be measured as the total concentra- tions in the waste(ppm). (A) Inorganic Constituents (leachate) Antimony-0.336; Cadmium-0.280; Chromium (total)-5.0; Lead-0.84; Cyanide-11.2; (B) Organic Constituents (leachate) Benzene-0.28; trans-1,2-Dichloroethene-5.6; Tetrachloroethylene-0.280; Trichloroethylene- 0.280 (C) Organic Constituents (total analysis). Benzene-10.; Ethylbenzene-10.; Toluene-30.; Xylenes-30.; trans-1,2-Dichloroethene-30.; Tetrachloroethylene-6.0; Trichloroethylene-6.0. McDonnell Douglas Corporation shall control volatile emissions from the stabilization proc- ess by collection of the volatile chemicals as they are emitted from the waste but before re- lease to the ambient air. and the facility shall use dust control measures. These two con- trols must be adequate to protect human health and the environment. The approximately 80,000 cubic yards of previously stabilized waste in the upper northwest lagoon, entire northeast lagoon, and entire south lagoon of the surface impoundments which were closed as a landfill requires no verification testing. (2) Waste Holding and Handling: McDonnell Douglas must store as hazardous all stabilized waste from the bottom portion of the northwest lagoon area of the closed landfill as gen- erated until verification testing as specified in Condition (3), is completed and valid anal- yses demonstrate that Condition (1) is satisfied. If the levels of constituents measured in the samples of the stabilized waste do not exceed the levels set forth in Condition (1), then the waste is nonhazardous and may be managed and disposed of in a Subtitle D landfill in accordance with all applicable solid waste regulations. If constituent levels in a sample ex- ceed any of the delisting levels set in Condition (1), the waste generated during the time period corresponding to this sample must be restabilized until delisting levels are met or managed and disposed of in accordance with Subtitle C of RCRA.
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TABLE 1ÐWASTES EXCLUDED FROM NON-SPECIFIC SOURCESÐContinued
Facility Address Waste description
(3) Verification Testing Requirements: Sample collection and analyses, including quality control procedures, must be performed according to SW±846 methodologies. McDonnell Douglas must stabilize the previously unstabilized waste from the bottom portion of the northwest lagoon of the surface impoundment (which was closed as a landfill) using fly ash, kiln dust or similar accepted materials in batches of 500 cubic yards or less. McDon- nell Douglas must analyze one composite sample from each batch of 500 cubic yards or less. A minimum of four grab samples must be taken from each waste pile (or other des- ignated holding area) of stabilized waste generated from each batch run. Each composited batch sample must be analyzed, prior to disposal of the waste in the batch represented by that sample, for constituents listed in Condition (1). There are no verification testing re- quirements for the stabilized wastes in the upper portions of the northwest lagoon, the en- tire northeast lagoon, and the entire south lagoon of the surface impoundments which were closed as a landfill. (4) Changes in Operating Conditions: If McDonnell Douglas significantly changes the sta- bilization process established under Condition (3) (e.g., use of new stabilization agents), McDonnell Douglas must notify the Agency in writing. After written approval by EPA, McDonnell Douglas may handle the wastes generated as non-hazardous, if the wastes meet the delisting levels set in Condition (1). (5) Data Submittals: Records of operating conditions and analytical data from Condition (3) must be compiled, summarized, and maintained on site for a minimum of five years. These records and data must be furnished upon request by EPA, or the State of Oklahoma, or both, and made available for inspection. Failure to submit the required data within the specified time period or maintain the required records on site for the specified time will be considered by EPA, at its discretion, sufficient basis to revoke the exclusion to the extent directed by EPA. All data must be accompanied by a signed copy of the following certifi- cation statement to attest to the truth and accuracy of the data submitted: Under civil and criminal penalty of law for the making or submission of false or fraudulent statements or representations (pursuant to the applicable provisions of the Federal Code, which include, but may not be limited to, 18 U.S.C. § 1001 and 42 U.S.C. § 6928), I certify that the information contained in or accompanying this document is true, accurate and complete. As to the (those) identified section(s) of this document for which I cannot personally verify its (their) truth and accuracy, I certify as the company official having supervisory responsi- bility for the persons who, acting under my direct instructions, made the verification that this information is true, accurate and complete. In the event that any of this information is determined by EPA in its sole discretion to be false, inaccurate or incomplete, and upon conveyance of this fact to the company, I recog- nize and agree that this exclusion of waste will be void as if it never had effect or to the ex- tent directed by EPA and that the company will be liable for any actions taken in con- travention of the company's RCRA and CERCLA obligations premised upon the company's reliance on the void exclusion. (6) Reopener Language (a) If McDonnell Douglas discovers that a condition at the facility or an assumption related to the disposal of the excluded waste that was modeled or predicted in the petition does not occur as modeled or predicted, then McDonnell Douglas must report any information relevant to that condition, in writing, to the Regional Administrator or his delegate within 10 days of discovering that condition. (b) Upon receiving information described in paragraph (a) from any source, the Regional Administrator or his delegate will determine whether the reported condition requires further action. Further action may include revoking the exclusion, modifying the exclusion, or other appropriate response necessary to protect human health and the environment. (7) Notification Requirements: McDonnell Douglas must provide a one-time written notifica- tion to any State Regulatory Agency to which or through which the delisted waste de- scribed above will be transported for disposal at least 60 days prior to the commencement of such activity. The one-time written notification must be updated if the delisted waste is shipped to a different disposal facility. Failure to provide such a notification will result in a violation of the delisting petition and a possible revocation of the decision.
Merck & Com- Elkton, Virginia One-time exclusion for fly ash (EPA Hazardous Waste No. F002) from the incineration of pany, Incor- wastewater treatment sludge generated from pharmaceutical production processes and porated. stored in an on-site fly ash lagoon. This exclusion was published on May 12, 1989. Metropolitan Cincinnati, OH Sluiced bottom ash sludge (approximately 25,000 cubic yards), contained in the North La- Sewer Dis- goon, on September 21, 1984, which contains EPA Hazardous Wastes Nos. F001, F002, trict of Great- F003, F004, and F005. er Cincinnati. Michelin Tire Sandy Dewatered wastewater treatment sludge (EPA Hazardous Wastes No. F006) generated from Corp. Springs, electroplating operations after November 14, 1986. South Caro- lina. Monroe Auto Paragould, AR Wastewater treatment sludge (EPA Hazardous Waste No. F006) generated from electro- Equipment. plating operations after vacuum filtration after November 27, 1985. This exclusion does not apply to the sludge contained in the on-site impoundment.
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TABLE 1ÐWASTES EXCLUDED FROM NON-SPECIFIC SOURCESÐContinued
Facility Address Waste description
North American Greenville, Wastewater treatment sludges (EPA Hazardous Waste No. F006) generated from electro- Philips Con- Tennessee. plating operations. This exclusion was published on April 20, 1989. sumer Elec- tronics Cor- poration. Occidental Ingleside, Limestone Sludge, (at a maximum generation 1,114 cubic yards per calender year) Rockbox Chemical. Texas. Residue, (at a maximum generation of 1,000 cubic yards per calender year) generated by Occidental Chemical using the wastewater treatment process to treat the Rockbox Residue and the Limestone Sludge (EPA Hazardous Waste No. F025, F001, F003, and F005) gen- erated at Occidental Chemical. Occidental Chemical must implement a testing program that meets the following conditions for the exclusion to be valid: (1) Delisting Levels: All concentrations for the following constituents must not exceed the fol- lowing levels (ppm). The Rockbox Residue and the Limestone Sludge, must be measured in the waste leachate by the method specified in 40 CFR Part 261.24. (A) Rockbox Residue (i) Inorganic Constituents: Barium-100; Chromium-5; Copper-130; Lead-1.5; Selenium-1; Tin- 2100; Vanadium-30; Zinc-1,000 (ii) Organic Constituents: Acetone-400; Bromodichloromethane-0.14; Bromoform-1.0; Chlorodibromethane-0.1; Chloroform-1.0; Dichloromethane-1.0; Ethylbenzene-7,000; 2,3,7,8-TCDD Equivalent-0.00000006 (B) Limestone Sludge (i) Inorganic Constituents: Antimony-0.6; Arsenic-5; Barium-100; Beryllium-0.4; Chromium-5; Cobalt-210; Copper-130; Lead-1.5; Nickel-70; Selenium-5; Silver-5; Vanadium-30; Zinc- 1,000 (ii) Organic Constituents Acetone-400; Bromoform-1.0; Chlorodibromomethane-0.1; Dichloromethane-1.0; Diethyl phthalate-3,000, Ethylbenzene-7,000; 1,1,1-Trichloroethane- 20; Toluene-700; Trichlorofluoromethane-1,000, Xylene-10,000, 2,3,7,8-TCDD Equivalent- 0.00000006; (2) Waste Holding and Handling: Occidental Chemical must store in accordance with its RCRA permit, or continue to dispose of as hazardous waste all Rockbox Residue and the Limestone Sludge generated until the verification testing described in Condition (3)(B), as appropriate, is completed and valid analyses demonstrate that condition (3) is satisfied. If the levels of constituents measured in the samples of the Rockbox Residue and the Lime- stone Sludge do not exceed the levels set forth in Condition (1), then the waste is nonhaz- ardous and may be managed and disposed of in accordance with all applicable solid waste regulations. If constituent levels in a sample exceed any of the delisting levels waste gen- erated during the time period corresponding to this sample must be managed and disposed of in accordance with Subtitle C of RCRA. (3) Verification Testing Requirements: Sample collection and analyses, including quality con- trol procedures, must be performed according to SW±846 methodologies. If EPA judges the incineration process to be effective under the operating conditions used during the ini- tial verification testing, Occidental Chemical may replace the testing required in Condition (3)(A) with the testing required in Condition (3)(B). Occidental Chemical must continue to test as specified in Condition (3)(A) until and unless notified by EPA in writing that testing in Condition (3)(A) may be replaced by Condition (3)(B). (A) Initial Verification Testing: (i) During the first 40 operating days of the Incinerator Offgas Treatment System after the final exclusion is granted, Occidental Chemical must collect and analyze composites of the Limestone Sludge. Daily composites must be representative grab samples collected every 6 hours during each unit operating cycle. The two wastes must be analyzed, prior to disposal, for all of the constituents listed in Paragraph 1. The waste must also be analyzed for pH. Occidental Chemical must report the operational and analytical test data, including quality control information, obtained during this initial period no later than 90 days after the generation of the two wastes. (ii) When the Rockbox unit is decommissioned for cleanout, after the final exclusion is grant- ed, Occidental Chemical must collect and analyze composites of the Rockbox Residue. Two composites must be composed of representative grab samples collected from the Rockbox unit. The waste must be analyzed, prior to disposal, for all of the constituents list- ed in Paragraph 1. The waste must be analyzed for pH. No later than 90 days after the Rockbox is decommissioned for cleanout the first two times after this exclusion becomes final, Occidental Chemical must report the operational and analytical test data, including quality control information. (B) Subsequent Verification Testing: Following written notification by EPA, Occidental Chem- ical may substitute the testing conditions in (3)(B) for (3)(A)(i). Occidental Chemical must continue to monitor operating conditions, analyze samples representative of each quarter of operation during the first year of waste generation. The samples must represent the waste generated over one quarter. (This provision does not apply to the Rockbox Residue.)
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TABLE 1ÐWASTES EXCLUDED FROM NON-SPECIFIC SOURCESÐContinued
Facility Address Waste description
(C)Termination of Organic Testing for the Limestone Sludge: Occidental Chemical must con- tinue testing as required under Condition (3)(B) for organic constituents specified under Condition (3)(B) for organic constituents specified in Condition (1)(A)(ii) and (1)(B)(ii) until the analyses submitted under Condition (3)(B) show a minimum of two consecutive quar- terly samples below the delisting levels in Condition (1)(A)(ii) and (1)(B)(ii), Occidental Chemical may then request that quarterly organic testing be terminated. After EPA notifies Occidental Chemical in writing it may terminate quarterly organic testing. Following termi- nation of the quarterly testing, Occidental Chemical must continue to test a representative composite sample for all constituents listed in Condition (1) on an annual basis (no later than twelve months after exclusion). (4) Changes in Operating Conditions: If Occidental Chemical significantly changes the proc- ess which generate(s) the waste(s) and which may or could affect the composition or type waste(s) generated as established under Condition (1) (by illustration, but not limitation, change in equipment or operating conditions of the treatment process), Occidental Chem- ical must notify the EPA in writing and may no longer handle the wastes generated from the new process or no longer discharges as nonhazardous until the wastes meet the delisting levels set Condition (1) and it has received written approval to do so from EPA. (5) Data Submittals: The data obtained through Condition 3 must be submitted to Mr. William Gallagher, Chief, Region 6 Delisting Program, U.S. EPA, 1445 Ross Avenue, Dallas, Texas 75202±2733, Mail Code, (6PD±O) within the time period specified. Records of operating conditions and analytical data from Condition (1) must be compiled, summarized, and maintained on site for a minimum of five years. These records and data must be furnished upon request by EPA, or the State of Texas, and made available for inspection. Failure to submit the required data within the specified time period or maintain the required records on site for the specified time will be considered by EPA, at its discretion, sufficient basis to revoke the exclusion to the extent directed by EPA. All data must be accompanied by a signed copy of the following certification statement to attest to the truth and accuracy of the data submitted: Under civil and criminal penalty of law for the making or submission of false or fraudulent statements or representations (pursuant to the applicable provisions of the Federal Code, which include, but may not be limited to, 18 U.S.C. § 1001 and 42 U.S.C. § 6928), I certify that the information contained in or accompanying this document is true, accurate and complete. As to the (those) identified section(s) of this document for which I cannot personally verify its (their) truth and accuracy, I certify as the company official having supervisory responsibility for the persons who, acting under my direct instructions, made the verification that this in- formation is true, accurate and complete. In the event that any of this information is determined by EPA in its sole discretion to be false, inaccurate or incomplete, and upon conveyance of this fact to the company, I recog- nize and agree that this exclusion of waste will be void as if it never had effect or to the ex- tent directed by EPA and that the company will be liable for any actions taken in con- travention of the company's RCRA and CERCLA obligations premised upon the company's reliance on the void exclusion. (6) Reopener: (a) If Occidental Chemical discovers that a condition at the facility or an as- sumption related to the disposal of the excluded waste that was modeled or predicted in the petition does not occur as modeled or predicted, then Occidental Chemical must report any information relevant to that condition, in writing, to the Director of the Multimedia Plan- ning and Permitting Division or his delegate within 10 days of discovering that condition. (b) Upon receiving information described in paragraph (a) from any source, the Director or his delegate will determine whether the reported condition requires further action. Further ac- tion may include revoking the exclusion, modifying the exclusion, or other appropriate re- sponse necessary to protect human health and the environment. (7) Notification Requirements: Occidental Chemical must provide a one-time written notifica- tion to any State Regulatory Agency to which or through which the delisted waste de- scribed above will be transported for disposal at least 60 days prior to the commencement of such activities. Failure to provide such a notification will result in a violation of the delisting petition and a possible revocation of the decision. Philway Prod- Ashland, Ohio Filter press sludge generated (at a maximum annual rate of 96 cubic yards) during the treat- ucts, Incor- ment of electroplating wastewaters using lime (EPA Hazardous Waste No. F006). This ex- porated. clusion was published on October 26, 1990. Plastene Sup- Portageville, Dewatered wastewater treatment sludges (EPA Hazardous Waste No. F006) generated from ply Company. Missouri. electroplating operations after August 15, 1986.
115
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TABLE 1ÐWASTES EXCLUDED FROM NON-SPECIFIC SOURCESÐContinued
Facility Address Waste description
POP Fasteners Shelton, Con- Wastewater treatment sludge (EPA Hazardous Waste No. F006) generated from electro- necticut. plating operations (at a maximum annual rate of 1,000 cubic yards) after September 19, 1994. In order to confirm that the characteristics of the waste do not change significantly, the facility must, on an annual basis, analyze a representative composite sample for the constituents listed in § 261.24 using the method specified therein. The annual analytical re- sults, including quality control information, must be compiled, certified according to § 260.22(i)(12), maintained on site for a minimum of five years, and made available for in- spection upon request by any employee or representative of EPA or the State of Con- necticut. Failure to maintain the required records on site will be considered by EPA, at its discretion, sufficient basis to revoke the exclusion to the extent directed by EPA. Reynolds Met- Sheffield, AL .. Dewatered wastewater treatment sludges (EPA Hazardous Waste No. F019) generated from als Company. the chemical conversion coating of aluminum after August 15, 1986. Reynolds Met- Sheffield, AL .. Wastewater treatment filter press sludge (EPA Hazardous Waste No. F019) generated (at a als Company. maximum annual rate of 3,840 cubic yards) from the chemical conversion coating of alu- minum. This exclusion was published on July 17, 1990. Rhodia ...... Houston,Texas Filter-cake Sludge, (at a maximum generation of 1,200 cubic yards per calendar year) gen- erated by Rhodia using the SARU and AWT treatment process to treat the filter-cake sludge (EPA Hazardous Waste Nos. D001±D43, F001±F012, F019, F024, F025, F032, F034, F037±F039) generated at Rhodia. Rhodia must implement a testing program that meets the following conditions for the exclu- sion to be valid: (1) Delisting Levels: All concentrations for the following constituents must not exceed the fol- lowing levels (mg/l). For the filter-cake constituents must be measured in the waste leach- ate by the method specified in 40 CFR 261.24. (A) Filter-cake Sludge (i) Inorganic Constituents: Antimony-1.15; Arsenic-1.40; Barium-21.00; Beryllium-1.22; Cad- mium-0.11; Cobalt-189.00; Copper-90.00; Chromium-0.60; Lead-0.75; Mercury-0.025; Nick- el-9.00; Selenium-4.50; Silver-0.14; Thallium-0.20; Vanadium-1.60; Zinc-4.30 (ii) Organic Constituents: Chlorobenzene-Non Detect; Carbon Tetrachloride-Non Detect; Ace- tone-360; Chloroform-0.9 (2) Waste Holding and Handling: Rhodia must store in accordance with its RCRA permit, or continue to dispose of as hazardous waste all Filter-cake Sludge until the verification test- ing described in Condition (3)(A), as appropriate, is completed and valid analyses dem- onstrate that condition (3) is satisfied. If the levels of constituents measured in the samples of the Filter-cake Sludge do not exceed the levels set forth in Condition (1), then the waste is nonhazardous and may be managed and disposed of in accordance with all applicable solid waste regulations. (3) Verification Testing Requirements: Rhodia must perform sample collection and analyses, including quality control procedures, according to SW±846 methodologies. If EPA judges the process to be effective under the operating conditions used during the initial verification testing, Rhodia may replace the testing required in Condition (3)(A) with the testing re- quired in Condition (3)(B). Rhodia must continue to test as specified in Condition (3)(A) until and unless notified by EPA in writing that testing in Condition (3)(A) may be replaced by Condition (3)(B). (A) Initial Verification Testing: At quarterly intervals for one year after the final exclusion is granted, Rhodia must collect and analyze composites of the filter-cake sludge. From Para- graph 1 TCLP must be run on all waste and any constituents for which total concentrations have been identified. Rhodia must conduct a multiple pH leaching procedure on samples collected during the quarterly intervals. Rhodia must perform the TCLP procedure using distilled water and three different pH extraction fluids to simulate disposal under three con- ditions. Simulate an acidic landfill environment, basic landfill environment and a landfill en- vironment similar to the pH of the waste. Rhodia must report the operational and analytical test data, including quality control information, obtained during this initial period no later than 90 days after the generation of the waste. (B) Subsequent Verification Testing: Following termination of the quarterly testing, Rhodia must continue to test a representative composite sample for all constituents listed in Condi- tion (1) on an annual basis (no later than twelve months after the final exclusion). (4) Changes in Operating Conditions: If Rhodia significantly changes the process which gen- erate(s) the waste(s) and which may or could affect the composition or type waste(s) gen- erated as established under Condition (1) (by illustration, but not limitation, change in equipment or operating conditions of the treatment process), or its NPDES permit is changed, revoked or not reissued, Rhodia must notify the EPA in writing and may no longer handle the waste generated from the new process or no longer discharge as non- hazardous until the waste meet the delisting levels set in Condition (1) and it has received written approval to do so from EPA. (5) Data Submittals: Rhodia must submit the information described below. If Rhodia fails to submit the required data within the specified time or maintain the required records on-site for the specified time, EPA, at its discretion, will consider this sufficient basis to reopen the exclusion as described in Paragraph 6. Rhodia must: (A) Submit the data obtained through Paragraph 3 to Mr. William Gallagher, Chief, Region 6 Delisting Program, EPA, 1445 Ross Avenue, Dallas, Texas 75202±2733, Mail Code, (6PD± O) within the time specified.
116
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TABLE 1ÐWASTES EXCLUDED FROM NON-SPECIFIC SOURCESÐContinued
Facility Address Waste description
(B) Compile records of operating conditions and analytical data from Paragraph (3), summa- rized, and maintained on-site for a minimum of five years. (C) Furnish these records and data when EPA or the State of Texas request them for inspec- tion. (D) Send along with all data a signed copy of the following certification statement, to attest to the truth and accuracy of the data submitted: (i) Under civil and criminal penalty of law for the making or submission of false or fraudulent statements or representations (pursuant to the applicable provisions of the Federal Code, which include, but may not be limited to, 18 U.S.C. 1001 and 42 U.S.C. 6928), I certify that the information contained in or accompanying this document is true, accurate and com- plete. (ii) As to the (those) identified section(s) of this document for which I cannot personally verify its (their) truth and accuracy, I certify as the company official having supervisory responsi- bility for the persons who, acting under my direct instructions, made the verification that this information is true, accurate and complete. (iii) If any of this information is determined by EPA in its sole discretion to be false, inac- curate or incomplete, and upon conveyance of this fact to the company, I recognize and agree that this exclusion of waste will be void as if it never had effect or to the extent di- rected by EPA and that the company will be liable for any actions taken in contravention of the company's RCRA and CERCLA obligations premised upon the company's reliance on the void exclusion. (6) Reopener Language (A) If, anytime after disposal of the delisted waste, Rhodia possesses or is otherwise made aware of any environmental data (including but not limited to leachate data or groundwater monitoring data) or any other data relevant to the delisted waste indicating that any con- stituent identified for the delisting verification testing is at level higher than the delisting level allowed by the Regional Administrator or his delegate in granting the petition, then the facility must report the data, in writing, to the Regional Administrator or his delegate within 10 days of first possessing or being made aware of that data. (B) If the annual testing of the waste does not meet the delisting requirements in Paragraph 1, Rhodia must report the data, in writing, to the Regional Administrator or his delegate within 10 days of first possessing or being made aware of that data. (C) If Rhodia fails to submit the information described in paragraphs (5), (6)(A) or (6)(B) or if any other information is received from any source, the Regional Administrator or his dele- gate will make a preliminary determination as to whether the reported information requires Agency action to protect human health or the environment. Further action may include sus- pending, or revoking the exclusion, or other appropriate response necessary to protect human health and the environment. (D) If the Regional Administrator or his delegate determines that the reported information does require Agency action, the Regional Administrator or his delegate will notify the facility in writing of the actions the Regional Administrator or his delegate believes are necessary to protect human health and the environment. The notice shall include a statement of the proposed action and a statement providing the facility with an opportunity to present infor- mation as to why the proposed Agency action is not necessary. The facility shall have 10 days from the date of the Regional Administrator or his delegate's notice to present such information. (E) Following the receipt of information from the facility described in paragraph (6)(D) or (if no information is presented under paragraph (6)(D)) the initial receipt of information described in paragraphs (5), (6)(A) or (6)(B), the Regional Administrator or his delegate will issue a final written determination describing the Agency actions that are necessary to protect human health or the environment. Any required action described in the Regional Adminis- trator or his delegate's determination shall become effective immediately, unless the Re- gional Administrator or his delegate provides otherwise. (7) Notification Requirements: Rhodia must do following before transporting the delisted waste: Failure to provide this notification will result in a violation of the delisting petition and a possible revocation of the decision. (A) Provide a one-time written notification to any State Regulatory Agency to which or through which they will transport the delisted waste described above for disposal, 60 days before beginning such activities. (B) Update the one-time written notification if they ship the delisted waste into a different dis- posal facility. Siegel-Robert, St. Louis, MO Wastewater treatment sludge (EPA Hazardous Waste No. F006) generated from electro- Inc. plating operations after November 27, 1985. Square D Oxford, Ohio .. Dewatered filter press sludge (EPA Hazardous Waste No. F006) generated from electro- Company. plating operations after August 15, 1986. Syntex Agri- Springfield, Kiln ash, cyclone ash, separator sludge, and filtered wastewater (except spent activiated car- business. MO. bon) (EPA Hazardous Waste No. F020 generated during the treatment of wastewater treat- ment sludge by the EPA's Mobile Incineration System at the Denney Farm Site in McDowell, Missouri after June 2, 1988, so long as:
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TABLE 1ÐWASTES EXCLUDED FROM NON-SPECIFIC SOURCESÐContinued
Facility Address Waste description
(1) The incinerator is monitored continuously and is in compliance with operating permit con- ditions. Should the incinerator fail to comply with the permit conditions relevant to the me- chanical operation of the incinerator, Syntex must test the residues generated during the run when the failure occurred according to the requirements of Conditions (2) through (6), regardless of whether or not the demonstration in Condition (7) has been made. (2) Four grab samples of wastewater must be composited from the volume of filtered waste- water collected after each eight hour run and, prior to disposal the composite samples must be analyzed for the EP toxic metals, nickel, and cyanide. If arsenic, chromium, lead, and silver EP leachate test results exceed 0.61 ppm; barium levels exceed 12 ppm; cad- mium and selenium levels exceed 0.12 ppm; mercury levels exceed 0.02 ppm; nickel levels exceed 6.1 ppm; or cyanide levels exceed 2.4 ppm, the wastewater must be retreated to achieve these levels or must be disposed in accordance with all applicable hazardous waste regulations. Analyses must be performed according to SW±846 methodologies. (3) One grab sample must be taken from each drum of kiln and cyclone ash generated dur- ing each eight hour run; all grabs collected during a given eight hour run must then be composited to form one composite sample. A composite sample of four grab samples of the separator sludge must be collected at the end of each eight hour run. Prior to the dis- posal of the residues from each eight hour run, an EP leachate test must be performed on these composite samples and the leachate analyzed for the EP toxic metals, nickel, and cyanide (using a distilled water extraction for the cyanide extraction) to demonstrate that the following maximum allowable treatment residue concentrations listed below are not ex- ceeded. Analyses must be performed according to SW±846 methodologies. Any residues which exceed any of the levels listed below must be retreated to achieve these levels or must be disposed in accordance with all applicable hazardous waste regulations. Maximum Allowable Solids Treatment Residue EP Leachate Concentrations (mg/L) ArsenicÐ1.6 BariumÐ32 CadmiumÐ0.32 ChromiumÐ1.6 LeadÐ1.6 MercuryÐ0.065 NickelÐ16 SeleniumÐ0.32 SilverÐ1.6 CyanideÐ6.5 (4)ÐIf Syntex stabilizes any of the kiln and cyclone ash or separator sludge, a Portland ce- ment-type stabilization process must be used and Syntex must collect a composite sample of four grab samples from each batch of stabilized waste. An MEP leachate test must be performed on these composite samples and the leachate analyzed for the EP toxic metals, nickel, and cyanide (using a distilled water extraction for the cyanide leachate analysis) to demonstrate that the maximum allowable treatment residue concentrations listed in Condi- tion (3) are not exceeded during any run of the MEP extraction. Analyses must be per- formed according to SW±846 methodologies. Any residues which exceed any of the levels listed in Condition (3) must be retreated to achieve these levels or must be disposed in ac- cordance with all applicable hazardous waste regulations. (If the residues are stabilized, the analyses required in this condition supercede the analyses required in Condition (3).) (5) Syntex must generate, prior to disposal of residues, verification data from each eight hour run from each treatment residue (i.e., kiln and cyclone ash, separator sludge, and filtered wastewater) to demonstrate that the maximum allowable treatment residue concentrations listed below are not exceeded. Samples must be collected as specified in Conditions (2) and (3). Analyses must be performed according to SW±846 methodologies. Any solid or liquid residues which exceed any of the levels listed below must be retreated to achieve these levels or must be disposed in accordance with Subtitle C of RCRA. Maximum Allowable Wastewater Concentrations (ppm): Benz(a)anthraceneÐ1×10¥4 Benzo(a)pyreneÐ4×10¥5 Benzo(b)fluorantheneÐ2×10¥4 ChloroformÐ0.07 ChryseneÐ0.002 Dibenz(a,h)anthraceneÐ9×10¥6 1,2-DichloroethaneÐ0.06 DichloromethaneÐ0.06 Indeno(1,2,3-cd)pyreneÐ0.002 Polychlorinated biphenylsÐ1×10¥4 1,2,4,5-TetrachlorobenzeneÐ0.13 2,3,4,6-TetrachlorophenolÐ12 TolueneÐ120 TrichloroethyleneÐ0.04 2,4,5-TrichlorophenolÐ49 2,4,6-TrichlorophenolÐ0.02 Maximum Allowable Solid Treatment Residue Concentrations (ppm): Benz(a)anthraceneÐ1.1
118
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TABLE 1ÐWASTES EXCLUDED FROM NON-SPECIFIC SOURCESÐContinued
Facility Address Waste description
Benzo(a)pyreneÐ0.43 Benzo(b)fluorantheneÐ1.8 ChloroformÐ5.4 ChryseneÐ170 Dibenz(a,h)anthraceneÐ0.083 DichloromethaneÐ2.4 1,2-DichloroethaneÐ4.1 Indeno(1,2,3-cd)pyreneÐ330 Polychlorinated biphenylsÐ0.31 1,2,4,5-TetrachlorobenzeneÐ720 TrichloroethyleneÐ6.6 2,4,6-TrichlorophenolÐ3.9 (6) Syntex must generate, prior to disposal of residues, verification data from each eight hour run for each treatment residue (i.e., kiln and cyclone ash, separator sludge, and filtered wastewater) to demonstrate that the residues do not contain tetra-, penta-, or hexachlorodibenzo-p-dioxins or furans at levels of regulatory concern. Samples must be collected as specified in Conditions (2) and (3). The TCDD equivalent levels for wastewaters must be less than 2 ppq and less than 5 ppt for the solid treatment residues. Any residues with detected dioxins or furans in excess of these levels must be retreated or must be disposed as acutely hazardous. Method 8290, a high resolution gas chroma- tography and high resolution mass spectroscopy (HRGC/HRMS) analytical method, must be used. For tetra- and pentachloronated dioxin and furan homologs, the maximum prac- tical quantitation limit must not exceed 15 ppt for solids and 120 ppq for wastewaters. For hexachlorinated homologs, the maximum practical quantitation limit must not exceed 37 ppt for solids and 300 ppq for wastewaters. (7)(A) The test data from Conditions (1), (2), (3), (4), (5) and (6) must be kept on file by Syntex for inspection purposes and must be compiled, summarized, and submitted to the Section Chief, Variances Section, PSPD/OSW (WH±563), US EPA, 401 M Street, S.W., Washington, DC 20460 by certified mail on a monthly basis and when the treatment of the lagoon sludge is concluded. All data submitted will be placed in the RCRA docket. (B) The testing requirements for Conditions (2), (3), (4), (5), and (6) will continue until Syntex provides the Section Chief, Variances Section, with the results of four consecutive batch analyses for the petitioned wastes, none of which exceed the maximum allowable treat- ment residue concentrations listed in these conditions and the Section Chief, Variances Section, notifies Syntex that the conditions have been lifted. (8) Syntex must provide a signed copy of the following certification statement when submit- ting data in response to the conditions listed above: ‘‘Under civil and criminal penalty of law for the making or submission of false or fraudulent statements or representations, I certify that the information contained in or accompanying this document is true, accurate, and complete. As to the (those) identified section(s) of this document for which I cannot person- ally verify its (their) accuracy, I certify as the company official having supervisory responsi- bility for the persons who, acting under my direct instructions, made the verification that this information is true, accurate and complete.’’ SR of Ten- Ripley, TN ...... Dewatered wastewater treatment sludges (EPA Hazardous Waste No. F006) generated from nessee. the copper, nickel, and chromium electroplating of plastic parts after November 17, 1986. Tennessee Ripley, Ten- Dewatered wastewater treatment sludges (EPA Hazardous Waste Nos. F006) generated from Electro- nessee. electroplating operations after November 17, 1986. To ensure chromium levels do not ex- plating. ceed the regulatory standards there must be continuous batch testing of the filter press sludge for chromium for 45 days after the exclusion is granted. Each batch of treatment residue must be representatively sampled and tested using the EP toxicity test for chro- mium. This data must be kept on file at the facility for inspection purposes. If the extract levels exceed 0.922 ppm of chromium the waste must be managed and disposed of as hazardous. If these conditions are not met, the exclusion does not apply. This exclusion does not apply to sludges in any on-site impoundments as of this date. Tennessee Ripley, TN ...... Wastewater treatment sludge (EPA Hazardous Waste No. F006) generated from electro- Electro- plating operations and contained in an on-site surface impoundment (maximum volume of plating. 6,300 cubic yards). This is a one-time exclusion. This exclusion was published on April 8, 1991. Texas Eastman Longview, Incinerator ash (at a maximum generation of 7,000 cubic yards per calendar year) generated Texas. from the incineration of sludge from the wastewater treatment plant (EPA Hazardous Waste No. D001, D003, D018, D019, D021, D022, D027, D028, D029, D030, D032, D033, D034, D035, D036, D038, D039, D040, F001, F002, F003, F005, and that is disposed of in Subtitle D landfills after September 25, 1996. Texas Eastman must implement a testing program that meets the following conditions for the petition to be valid: 1. Delisting Levels: All leachable concentrations for those metals must not exceed the fol- lowing levels (mg/l). Metal concentrations must be measured in the waste leachate by the method specified in 40 CFR § 261.24. (A) Inorganic Constituents AntimonyÐ0.27; ArsenicÐ2.25; BariumÐ90.0; BerylliumÐ0.0009; CadmiumÐ0.225; Chro- miumÐ4.5; CobaltÐ94.5; CopperÐ58.5; LeadÐ0.675; MercuryÐ0.045; NickelÐ4.5; Sele- niumÐ1.0; SilverÐ5.0; ThalliumÐ0.135; TinÐ945.0; VanadiumÐ13.5; ZincÐ450.0 (B) Organic Constituents
119
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TABLE 1ÐWASTES EXCLUDED FROM NON-SPECIFIC SOURCESÐContinued
Facility Address Waste description
AcenaphtheneÐ90.0; AcetoneÐ180.0; BenzeneÐ0.135; Benzo(a)anthraceneÐ0.00347; Benzo(a)pyreneÐ0.00045; Benzo(b) fluorantheneÐ0.00320; Bis(2 ethylhexyl) phthalateÐ 0.27; Butylbenzyl phthalateÐ315.0; ChloroformÐ0.45; ChlorobenzeneÐ31.5; Carbon Di- sulfideÐ180.0; ChryseneÐ0.1215; 1,2±DichlorobenzeneÐ135.0; 1,4±DichlorobenzeneÐ 0.18; Di-n-butyl phthalateÐ180.0; Di-n-octyl phthalateÐ35.0; 1,4 DioxaneÐ0.36; Ethyl Ac- etateÐ1350.0; Ethyl EtherÐ315.0; EthylbenzeneÐ180.0; FlourantheneÐ45.0; FluoreneÐ 45.0; 1±ButanolÐ180.0; Methyl Ethyl KetoneÐ200.0; Methylene ChlorideÐ0.45; Methyl Isobutyl KetoneÐ90.0; NaphthaleneÐ45.0; PyreneÐ45.0; TolueneÐ315.0; XylenesÐ 3150.0 2. Waste Holding and Handling: Texas Eastman must store in accordance with its RCRA per- mit, or continue to dispose of as hazardous all FBI ash generated until the Initial and Sub- sequent Verification Testing described in Paragraph 4 and 5 below is completed and valid analyses demonstrate that all Verification Testing Conditions are satisfied. After completion of Initial and Subsequent Verification Testing, if the levels of constituents measured in the samples of the FBI ash do not exceed the levels set forth in Paragraph 1 above, and writ- ten notification is given by EPA, then the waste is non-hazardous and may be managed and disposed of in accordance with all applicable solid waste regulations. 3. Verification Testing Requirements: Sample collection and analyses, including quality con- trol procedures, must be performed according to SW±846 methodologies. If EPA judges the incineration process to be effective under the operating conditions used during the ini- tial verification testing described in Paragraph 4 below, Texas Eastman may replace the testing required in Paragraph 4 with the testing required in Paragraph 5 below. Texas East- man must, however, continue to test as specified in Paragraph 4 until notified by EPA in writing that testing in Paragraph 4 may be replaced by the testing described in Paragraph 5. 4. Initial Verification Testing: During the first 40 operating days of the FBI incinerator after the final exclusion is granted, Texas Eastman must collect and analyze daily composites of the FBI ash. Daily composites must be composed of representative grab samples collected every 6 hours during each 24-hour FBI operating cycle. The FBI ash must be analyzed, prior to disposal of the ash, for all constituents listed in Paragraph 1. Texas Eastman must report the operational and analytical test data, including quality control information, ob- tained during this initial period no later than 90 days after receipt of the validated analytical results. 5. Subsequent Verification Testing: Following the completion of the Initial Verification Testing, Texas Eastman may request to monitor operating conditions and analyze samples rep- resentative of each quarter of operation during the first year of ash generation. The sam- ples must represent the untreated ash generated over one quarter. Following written notifi- cation from EPA, Texas Eastman may begin the quarterly testing described in this Para- graph. 6. Termination of Organic Testing: Texas Eastman must continue testing as required under Paragraph 5 for organic constituents specified in Paragraph 1 until the analyses submitted under Paragraph 5 show a minimum of two consecutive quarterly samples below the delisting levels in Paragraph 1. Texas Eastman may then request that quarterly organic testing be terminated. After EPA notifies Texas Eastman in writing it may terminate quar- terly organic testing. 7. Annual Testing: Following termination of quarterly testing under either Paragraphs 5 or 6, Texas Eastman must continue to test a representative composite sample for all constitu- ents listed in Paragraph 1 (including organics) on an annual basis (no later than twelve months after the date that the final exclusion is effective). 8. Changes in Operating Conditions: If Texas Eastman significantly changes the incineration process described in its petition or implements any new manufacturing or production proc- ess(es) which generate(s) the ash and which may or could affect the composition or type of waste generated established under Paragraph 3 (by illustration { but not limitation}, use of stabilization reagents or operating conditions of the fluidized bed incinerator), Texas Eastman must notify the EPA in writing and may no longer handle the wastes generated from the new process as non-hazardous until the wastes meet the delisting levels set in Paragraph 1 and it has received written approval to do so from EPA. 9. Data Submittals: The data obtained through Paragraph 3 must be submitted to Mr. William Gallagher, Chief, Region 6 Delisting Program, U.S. EPA, 1445 Ross Avenue, Dallas, Texas 75202±2733, Mail Code, (6PD-O) within the time period specified. Records of operating conditions and analytical data from Paragraph 3 must be compiled, summarized, and main- tained on site for a minimum of five years. These records and data must be furnished upon request by EPA, or the State of Texas, and made available for inspection. Failure to submit the required data within the specified time period or maintain the required records on site for the specified time will be considered by EPA, at its discretion, sufficient basis to revoke the exclusion to the extent directed by EPA. All data must be accompanied by a signed copy of the following certification statement to attest to the truth and accuracy of the data submitted:
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TABLE 1ÐWASTES EXCLUDED FROM NON-SPECIFIC SOURCESÐContinued
Facility Address Waste description
Under civil and criminal penalty of law for the making or submission of false or fraudulent statements or representations (pursuant to the applicable provisions of the Federal Code, which include, but may not be limited to, 18 USC 1001 and 42 USC 6928), I certify that the information contained in or accompanying this document is true, accurate and complete. As to the (those) identified section(s) of this document for which I cannot personally verify its (their) truth and accuracy, I certify as the company official having supervisory responsibility for the persons who, acting under my direct instructions, made the verification that this in- formation is true, accurate and complete. In the event that any of this information is determined by EPA in its sole discretion to be false, inaccurate or incomplete, and upon conveyance of this fact to the company, I recog- nize and agree that this exclusion of waste will be void as if it never had effect or to the ex- tent directed by EPA and that the company will be liable for any actions taken in con- travention of the company's RCRA and CERCLA obligations premised upon the company's reliance on the void exclusion. 10. Notification Requirements: Texas Eastman must provide a one-time written notification to any State Regulatory Agency to which or through which the delisted waste described above will be transported for disposal at least 60 days prior to the commencement of such activities. Failure to provide such a notification will result in a violation of the delisting peti- tion and a possible revocation of the decision. Universal Oil Decatur, Ala- Wastewater treatment sludges (EPA Hazardous Waste No. F006) generated from electro- Products. bama. plating operations and contained in two on-site lagoons on August 15, 1986. This is a one- time exclusion. U.S. EPA Jefferson, Ar- One-time exclusion for scrubber water (EPA Hazardous Waste No. F020) generated in 1985 Combustion kansas. from the incineration of Vertac still bottoms. This exclusion was published on June 28, Research 1989. Facility. U.S. Name- Mount Vernon, Retreated wastewater treatment sludges (EPA Hazardous Waste No. F006) previously gen- plate Com- Iowa. erated from electroplating operations and currently contained in an on-site surface im- pany, Inc. poundment after September 28, 1988. This is a one-time exclusion for the reteated wastes only. This exclution does not relieve the waste unit from regulatory compliance under Sub- title C. VAW of Amer- St. Augustine, Wastewater treatment sludge filter cake (EPA Hazardous Waste No. F019) generated from ica Incor- Florida. the chemical conversion coating of aluminum. This exclusion was published on February 1, porated. 1989. Vermont Amer- Newark, OH ... Wastewater treatment sludge (EPA Hazardous Waste No. F006) generated from electro- ican, Corp. plating operations after November 27, 1985. Waterloo In- Pocahontas, Wastewater treatment sludges (EPA Hazardous Waste No. F006) generated from electro- dustries. AR. plating operations after dewatering and held on-site on July 17, 1986 and any such sludge generated (after dewatering) after July 17, 1986. Watervliet Ar- Watervliet, NY Wastewater treatment sludges (EPA Hazardous Waste No. F006) generated from electro- senal. plating operations after January 10, 1986. William L. Newnan, Dewatered wastewater treatment sludges (EPA Hazardous Waste No. F019) generated from Bonnell Co. Georgia. the chemical conversion coating of aluminum after November 14, 1986. This exclusion does not include sludges contained in Bonnell's on-site surface impoundments. Windsor Plas- Evansville, IN Spent non-halogenated solvents and still bottoms (EPA Hazardous Waste No. F003) gen- tics, Inc. erated from the recovery of acetone after November 17, 1986.
TABLE 2ÐWASTES EXCLUDED FROM SPECIFIC SOURCES
Facility Address Waste description
American Cy- Hannibal, Mis- Wastewater and sludge (EPA Hazardous Waste No. K038) generated from the washing and anamid. souri. stripping of phorate production and contained in on-site lagoons on May 8, 1987, and such wastewater and sludge generated after May 8, 1987. Amoco Oil Co Wood River, IL 150 million gallons of DAF from petroleum refining contained in in four surge ponds after treatment with the Chemifix stabilization process. This waste contains EPA Hazardous Waste No. K048. This exclusion applies to the 150 million gallons of waste after chemical stabilization as long as the mixing ratios of the reagent with the waste are monitored con- tinuously and do not vary outside of the limits presented in the demonstration samples; one grab sample is taken each hour from each treatment unit, composited, and EP toxicity tests performed on each sample. If the levels of lead or total chromium exceed 0.5 ppm in the EP extract, then the waste that was processed during the compositing period is considered hazardous; the treatment residue shall be pumped into bermed cells to ensure that the waste is identifiable in the event that removal is necessary. Akzo Chemi- Axis, AL ...... Brine purification muds generated from their chlor-alkali manufacturing operations (EPA Haz- cals Inc. (for- ardous Waste No. K071) and disposed of in brine mud pond HWTF: 5 EP±201. merly Stauffer Chemical Company).
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TABLE 2ÐWASTES EXCLUDED FROM SPECIFIC SOURCES
Facility Address Waste description
Bekaert Steel Rogers, Ar- Wastewater treatment sludge (EPA Hazardous Waste No. F006) generated from electro- Corporation. kansas. plating operations (at a maximum annual rate of 1250 cubic yards to be measured on a calendar year basis) after [insert publication date of the final rule]. In order to confirm that the characteristics of the waste do not change significantly, the facility must, on an annual basis, before July 1 of each year, analyze a representative composite sample for the con- stituents listed in § 261.24 as well as antimony, copper, nickel, and zinc using the method specified therein. The annual analytical results, including quality control information, must be compiled, certified according to § 260.22(i)(12) of this chapter, maintained on site for a minimum of five years, and made available for inspection upon request of any employee or representative of EPA or the State of Arkansas. Failure to maintain the required documents on site will be considered by EPA, at its discretion, sufficient basis to revoke the exclusion to the extent directed by EPA. Notification Requirements: Bekaert Steel Corporation must provide a one-time written notification to any State Regu- latory Agency to which or through which the delisted waste described above will be trans- ported for disposal at least 60 days prior to the commencement of such activities. Failure to provide such a notification will result in a violation of the delisting petition and a possible revocation of the decision. Bethlehem Lackawanna, Ammonia still lime sludge (EPA Hazardous Waste No. K060) and other solid waste gen- Steel Cor- New York. erated from primary metal-making and coking operations. This is a one-time exclusion for poration. 118,000 cubic yards of waste contained in the on-site landfill referred to as HWM±2. This exclusion was published on April 24, 1996. Bethlehem Steelton, PA .. Uncured and cured chemically stabilized electric arc furnace dust/sludge (CSEAFD) treatment Steel Corp. residue (K061) generated from the primary production of steel after May 22, 1989. This ex- clusion is conditioned upon the data obtained from Bethlehem's full-scale CSEAFD treat- ment facility because Bethlehem's original data were obtained from a laboratory-scale CSEAFD treatment process. To ensure that hazardous constituents are not present in the waste at levels of regulatory concern once the full-scale treatment facility is in operation, Bethlehem must implement a testing program for the petitioned waste. This testing pro- gram must meet the following conditions for the exclusion to be valid: (1) Testing: (A) Initial Testing: During the first four weeks of operation of the full-scale treatment system, Bethlehem must collect representative grab samples of each treated batch of the CSEAFD and composite the grab samples daily. The daily composites, prior to disposal, must be analyzed for the EP leachate concentrations of all the EP toxic metals, nickel and cyanide (using distilled water in the cyanide extractions), and the total constituent concentrations of reactive sulfide and reactive cyanide. Analyses must be performed according to SW±846 methodologies. Bethlehem must report the analytical test data obtained during this initial period no later than 90 days after the treatment of the first full-scale batch. (B) Subsequent Testing: Bethlehem must collect representative grab samples from every treated batch of CSEAFD generated daily and composite all of the grab samples to produce a weekly composite sample. Bethlehem then must analyze each weekly composite sample for the EP leachate concentrations of all the EP toxic metals and nickel. Analyses must be performed according to SW±846 methodologies. The analytical data, including all quality control information, must be compiled and maintained on site for a minimum of three years. These data must be furnished upon request and made available for inspection by any employee or representative of EPA or the State of Pennsylvania. (2) Delisting Levels: If the EP extract concentrations resulting from the testing in condition (1)(A) or (1)(B) for chromium, lead, arsenic, or silver exceed 0.315 mg/L, for barium ex- ceeds 6.3 mg/l; for cadmium or selenium exceed 0.063 mg/l; for mercury exceeds 0.0126 mg/l; for nickel exceeds 3.15 mg/l; or for cyanide exceeds 4.42 mg/L, or total reactive cya- nide or total reactive sulfide levels exceed 250 mg/kg and 500 mg/kg, respectively, the waste must either be re-treated or managed and disposed in accordance with subtitle C of RCRA. (3) Data submittals: Within one week of system start-up, Bethlehem must notify the Section Chief, Variances Section (see address below) when their full-scale stabilization system is on-line and waste treatment has begun. All data obtained through the initial testing condi- tion (1)(A), must be submitted to the Section Chief, Variances Section, PSPD/OSW, (OS± 343), U.S. EPA, 401 M Street, S.W., Washington, DC 20460 within the time period speci- fied in condition (1)(A). At the Section Chief's request, Bethlehem must submit analytical data obtained through condition (1)(B) to the above address, within the time period speci- fied by the Section Chief. Failure to submit the required data obtained from either condition (1)(A) or (1)(B) within the specified time periods will be considered by the Agency sufficient basis to revoke Bethlehem's exclusion to the extent directed by EPA. All data must be ac- companied by the following certification statement: ‘‘Under civil and criminal penalty of law for the making or submission of false or fraudulent statements or representations (pursuant to the applicable provisions of the Federal Code which include, but may not be limited to, 18 U.S.C. 6928), I certify that the information con- tained in or accompanying this document is true, accurate and complete.
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TABLE 2ÐWASTES EXCLUDED FROM SPECIFIC SOURCES
Facility Address Waste description
‘‘As to the (those) identified section(s) of this document for which I cannot personally verify its (their) truth and accuracy, I certify as the company official having supervisory responsibility for the persons who, acting under my direct instructions, made the verification that this in- formation is true, accurate and complete. ‘‘In the event that any of this information is determined by EPA in its sole discretion to be false, inaccurate or incomplete, and upon conveyance of this fact to the company, I recog- nize and agree that this exclusion of wastes will be void as if it never had effect or to the extent directed by EPA and that the company will be liable for any actions taken in con- travention of the company's RCRA and CERCLA obligations premised upon the company's reliance on the void exclusion.’’ Bethlehem Johnstown, PA Uncured and cured chemically stabilized electric arc furnace dust/sludge (CSEAFD) treatment Steel Corp. residue (K061) generated from the primary production of steel after May 22, 1989. This ex- clusion is conditioned upon the data obtained from Bethlehem's full-scale CSEAFD treat- ment facility because Bethlehem's original data were obtained from a labortory-scale CSEAFD treatment process. To ensure that hazardous constituents are not present in the waste at levels of regulatory concern once the full-scale treatment facility is in operation, Bethlehem must implement a testing program for the petitioned waste. This testing pro- gram must meet the following conditions for the exclusion to be valid: (1) Testing: (A) Initial Testing: During the first four weeks of operation of the full-scale treatment system, Bethlehem must collect representative grab samples of each treated batch of the CSEAFD and composite the grab samples daily. The daily composites, prior to disposal, must be analyzed for the EP leachate concentrations of all the EP toxic metals, nickel and cyanide (using distilled water in the cyanide extractions), and the total constituent concentrations of reactive sulfide and reactive cyanide. Analyses must be performed according to SW±846 methodologies. Bethlehem must report the analytical test data obtained during this initial period no later than 90 days after the treatment of the first full-scale batch. (B) Subsequent Testing: Bethlehem must collect representative grab samples from every treated batch of CSEAFD generated daily and composite all of the grab samples to produce a weekly composite sample. Bethlehem then must analyze each weekly composite sample for the EP leachate concentrations of all the EP toxic metals and nickel. Analyses must be performed according to SW±846 methodologies. The analytical data, including all quality control information, must be compiled and maintained on site for a minimum of three years. These data must be furnished upon request and made available for inspection by any employee or representative of EPA or the State of Pennsylvania. (2) Delisting Levels: If the EP extract concentrations resulting from the testing in condition (1)(A) or (1)(B) for chromium, lead, arsenic, or silver exceed 0.315 mg/L, for barium ex- ceeds 6.3 mg/l; for cadmium or selenium exceed 0.063 mg/l; for mercury exceeds 0.0126 mg/l; for nickel exceeds 3.15 mg/l; or for cyanide exceeds 4.42 mg/L, or total reactive cya- nide or total reactive sulfide levels exceed 250 mg/kg and 500 mg/kg, respectively, the waste must either be re-treated or managed and disposed in accordance with subtitle C of RCRA. (3) Data submittals: Within one week of system start-up, Bethlehem must notify the Section Chief, Variances Section (see address below) when their full-scale stabilization system is on-line and waste treatment has begun. All data obtained through the initial testing condi- tion (1)(A), must be submitted to the Section Chief, Variances Section, PSPD/OSW, (OS± 343), U.S. EPA, 401 M Street, SW., Washington, DC 20406 within the time period speci- fied in condition (1)(A). At the Section Chief's request, Bethlehem must submit analytical data obtained through condition (1)(B) to the above address, within the time period speci- fied by the Section Chief. Failure to submit the required data obtained from either condition (1)(A) or (1)(B) within the specified time periods will be considered by the Agency sufficient basis to revoke Bethlehem's exclusion to the extent directed by EPA. All data must be ac- companied by the following certification statement: ‘‘Under civil and criminal penalty of law for the making or submission of false or fraudulent statements or representations (pursuant to the applicable provisions of the Federal Code which include, but may not be limited to, 18 U.S.C. 6928), I certify that the information con- tained in or accompanying this document is true, accurate and complete. ‘‘As to the (those) identified section(s) of this document for which I cannot personally verify its (their) truth and accuracy, I certify as the company official having supervisory responsibility for the persons who, acting under my direct instructions, made the verification that this in- formation is true, accurate and complete. ‘‘In the event that any of this information is determined by EPA in its sole discretion to be false, inaccurate or incomplete, and upon conveyance of this fact to the company, I recog- nize and agree that this exclusion of wastes will be void as if it never had effect or to the extent directed by EPA and that the company will be liable for any actions taken in con- travention of the company's RCRA and CERCLA obligations premised upon the company's reliance on the void exclusion.’’
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TABLE 2ÐWASTES EXCLUDED FROM SPECIFIC SOURCES
Facility Address Waste description
BF Goodrich Calvert City, Brine purification muds and saturator insolubles (EPA Hazardous Waste No. K071) after Au- Interme- Kentucky. gust 18, 1989. This exclusion is conditional upon the collection and submission of data ob- diates Com- tained from BFG's full-scale treatment system because BFG's original data was based on pany, Inc. data presented by another petitioner using an identical treatment process. To ensure that hazardous constituents are not present in the waste at levels of regulatory concern once the full-scale treatment facility is in operation, BFG must implement a testing program. All sampling and analyses (including quality control procedures) must be performed according to SW±846 procedures. This testing program must meet the following conditions for the ex- clusion to be valid: (1) Initial Testing: During the first four weeks of full-scale operation, BFG must do the fol- lowing: (A) Collect representative grab samples from every batch of the treated mercury brine purifi- cation muds and treated saturator insolubles on a daily basis and composite the grab sam- ples to produce two separate daily composite samples (one of the treated mercury brine purification muds and one of the treated saturator insolubles). Prior to disposal of the treat- ed batches, two daily composite samples must be analyzed for EP leachate concentration of mercury. BFG must report the analytical test data, including all quality control data, with- in 90 days after the treatment of the first full-scale batch. (B) Collect representative grab samples from every batch of the treated mercury brine purifi- cation muds and treated saturator insolubles on a daily basis and composite the grab sam- ples to produce two separate weekly composite samples (one of the treated mercury brine muds and one of the treated saturator insolubles). Prior to disposal of the treated batches, two weekly composite samples must be analyzed for the EP leachate concentrations of all the EP toxic metals (except mercury), nickel, and cyanide (using distilled water in the cya- nide extractions), and the total constituent concentrations of reactive sulfide and reactive cyanide. BFG must report the analytical test data, including all quality control data, ob- tained during this initial period no later than 90 days after the treatment of the first full-scale batch. (2) Subsequent Testing: After the first four weeks of full-scale operation, BFG must do the following: (A) Continue to sample and test as described in condition (1)(A). BFG must compile and store on-site for a minimum of three years all analytical data and quality control data. These data must be furnished upon request and made available for inspection by any em- ployee or representative of EPA or the State of Kentucky. (B) Continue to sample and test as described in condition (1)(B). BFG must compile and store on-site for a minimum of three years all analytical data and quality control data. These data must be furnished upon request and made available for inspection by any em- ployee or representative of EPA or the State of Kentucky. These testing requirements shall be terminated by EPA when the results of four consecutive weekly composite samples of both the treated mercury brine muds and treated saturator insolubles, obtained from either the initial testing or subsequent testing, show the maximum allowable levels in condition (3) are not exceeded and the Section Chief, Variances Section, notifies BFG that the require- ments of this condition have been lifted. (3) If, under condition (1) or (2), the EP leachate concentrations for chromium, lead, arsenic, or silver exceed 0.316 mg/l; for barium exceeds 6.31 mg/l; for cadmium or selenium ex- ceed 0.063 mg/l; for mercury exceeds 0.0126 mg/l, for nickel exceeds 3.16 mg/l; for cya- nide exceeds 4.42 mg/l; or for total reactive cyanide or total reactive sulfide levels exceed 250 mg/kg and 500 mg/kg, respectively, the waste must either be retreated until it meets these levels or managed and disposed of in accordance with subtitle C of RCRA. (4) Within one week of system start-up, BFG must notify the Section Chief, Variances Section (see address below) when the full-scale system is on-line and waste treatment has begun. All data obtained through condition (1) must be submitted to the Section Chief, Variances Section, PSPD/OSW (OS±343), U.S. EPA, 401 M Street, SW., Washington, DC 20460 within the time period specified in condition (1). At the Section Chief's request, BFG must submit any other analytical data obtained through condition (2) to the above address, within the time period specified by the Section Chief. Failure to submit the required data will be considered by the Agency sufficient basis to revoke BFG's exclusion to the extent directed by EPA. All data must be accompanied by the following certification statement: ‘‘Under civil and criminal penalty of law for the making or submission of false or fraudulent statements or representations (pursuant to the applicable provisions of the Federal Code which include, but may not be limited to, 18 U.S.C. § 6928), I certify that the information contained in or accompanying this document is true, accurate and complete. As to the (those) identified section(s) of this document for which I cannot personally verify its (their) truth and accuracy, I certify as the company official having supervisory responsibility for the persons who, acting under my direct instructions, made the verification that this in- formation is true, accurate and complete. In the event that any of this information is determined by EPA in its sole discretion to be false, inaccurate or incomplete, and upon conveyance of this fact to the company, I recog- nize and agree that this exclusion of wastes will be void as if it never had effect or to the extent directed by EPA and that the company will be liable for any actions taken in con- travention of the company's RCRA and CERCLA obligations premised upon the company's reliance on the void exclusion.’’
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TABLE 2ÐWASTES EXCLUDED FROM SPECIFIC SOURCES
Facility Address Waste description
CF&I Steel Pueblo, Colo- Fully-cured chemically stabilized electric arc furnace dust/sludge (CSEAFD) treatment residue Corporation. rado. (EPA Hazardous Waste No. K061) generated from the primary production of steel after May 9, 1989. This exclusion is conditioned upon the data obtained from CF&I's full-scale CSEAFD treatment facility because CF&I's original data was obtained from a laboratory- scale CSEAFD treatment process. To ensure that hazardous constituents are not present in the waste at levels of regulatory concern once the full-scale treatment facility is in oper- ation, CF&I must implement a testing program for the petitioned waste. This testing pro- gram must meet the following conditions for the exclusion to be vaild: (1) Testing: (A) Initial Testing: During the first four weeks of operation of the full-scale treatment system, CF&I must collect representative grab samples of each treated batch of the CSEAFD and composite the grab samples daily. The daily composites, prior to disposal, must be ana- lyzed for the EP leachate concentrations of all the EP toxic metals, nickel, and cyanide (using distilled water in the cyanide extractions), and the total constituent concentrations of reactive sulfide and reactive cyanide. Analyses must be performed according to SW±846 methodologies. CF&I must report the analytical test data obtained during this initial period no later than 90 days after the treatment of the first full-scale batch. (B) Subsequent Testing: CF&I must collect representative grab samples from every treated batch of CSEAFD generated daily and composite all of the grab samples to produce a weekly composite sample. CF&I then must analyze each weekly composite sample for the EP leachate concentrations of all of the EP toxic metals and nickel. Analyses must be per- formed according to SW±846 methodologies. The analytical data, including all quality con- trol information, must be compiled and maintained on site for a minimum of three years. These data must be furnished upon request and made available for inspection by any em- ployee or representative of EPA or the State of Colorado. (2) Delisting levels: If the EP extract concentrations determined in conditions (1)(A) or (1)(B) for chromium, lead, arsenic, or silver exceed 0.315 mg/1; for barium exceeds 6.3 mg/1; for cadmium or selenium exceed 0.063 mg/1; for mercury exceeds 0.0126 mg/1; for nickel ex- ceeds 3.15 mg/1; or for cyanide exceeds 4.42 mg/1, or total reactive cyanide or total reac- tive sulfide levels exceed 250 mg/kg and 500 mg/kg, respectively, the waste must either be re-treated or managed and disposed in accordance with Subtitle C of RCRA. (3) Data submittals: Within one week of system start-up, CF&I must notify the Section Chief, Variances Section (see address below) when their full-scale stabilization system is on-line and waste treatment has begun. All data obtained through the initial testing condition (1)(A), must be submitted to the Section Chief, Variances Section, PSPD/OSW, (OS±343), U.S. EPA, 401 M Street, SW., Washington, DC 20460 within the time period specified in condition (1)(A). At the Section Chief's request, CF&I must submit analytical data obtained through condition (1)(B) to the above address, within the time period specified by the Sec- tion Chief. Failure to submit the required data obtained from either condition (1)(A) or (1)(B) within the specified time periods will be considered by the Agency sufficient basis to revoke CF&I's exclusion to the extent directed by EPA. All data must be accompanied by the fol- lowing certification statement: ‘‘Under civil and criminal penalty of law for the making of submission of false or fraudulent statements or representations (pursuant to the applicable provisions of the Federal Code which include, but may not be limited to, 18 U.S.C. 6928), I certify that the information contained in or accompanying this document is true, accurate and complete. As to the (those) identified section(s) of this document for which I cannot personally verify its (their) truth and accuracy, I certify as the company official having su- pervisory responsibility for the persons who, acting under my direct instructions, made the verification that this information is true, accurate and complete. In the event that any of this information is determined by EPA in its sole discretion to be false, inaccurate or incom- plete, and upon conveyance of this fact to the company, I recognize and agree that this ex- clusion of wastes will be void as if it never had effect or to the extent directed by EPA and that the company will be liable for any actions taken in contravention of the company's RCRA and CERCLA obligations premised upon the company's reliance on the void exclu- sion.’’ Chaparral Steel Midlothian, Leachate from Landfill No. 3, storm water from the baghouse area, and other K061 Midlothian, Texas. wastewaters which have been pumped to tank storage (at a maximum generation of 2500 L.P. cubic yards or 500,000 gallons per calender year) (EPA Hazardous Waste No. K061) gen- erated at Chaparral Steel Midlothian, L.P., Midlothian, Texas, and is managed as nonhaz- ardous solid waste after February 23, 2000. Chaparral Steel must implement a testing program that meets the following conditions for the exclusion to be valid: (1) Delisting Levels: All concentrations for the constituent total lead in the approximately 2,500 cubic yards (500,000 gallons) per calender year of raw leachate from Landfill No. 3, storm water from the baghouse area, and other K061 wastewaters that is transferred from the storage tank to nonhazardous management must not exceed 0.69 mg/l (ppm). Con- stituents must be measured in the waste by the method specified in SW±846.
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TABLE 2ÐWASTES EXCLUDED FROM SPECIFIC SOURCES
Facility Address Waste description
(2) Waste Holding and Handling: Chaparral Steel must store as hazardous all leachate waste from Landfill No. 3, storm water from the bag house area, and other K061 wastewaters until verification testing as specified in Condition (3), is completed and valid analyses dem- onstrate that condition (1) is satisfied. If the levels of constituents measured in the samples of the waste do not exceed the levels set forth in Condition (1), then the waste is nonhaz- ardous and may be managed and disposed of in accordance with all applicable solid waste regulations. If constituent levels in a sample exceed the delisting levels set in Condition (1), the waste volume corresponding to this sample must be treated until delisting levels are met or returned to the original storage tank. Treatment is designated as precipitation, flocculation, and filtering in a wastewater treatment system to remove metals from the wastewater. Treatment residuals precipitated will be designated as a hazardous waste. If the delisting level cannot be met, then the waste must be managed and disposed of in ac- cordance with subtitle C of RCRA. (3) Verification Testing Requirements: Sample collection and analyses, including quality con- trol procedures, must be performed according to SW±846 methodologies. Chaparral Steel must analyze one composite sample from each batch of untreated wastewater transferred from the hazardous waste storage tank to non-hazardous waste management. Each com- posited batch sample must be analyzed, prior to non-hazardous management of the waste in the batch represented by that sample, for the constituent lead as listed in Condition (1). Chaparral may treat the waste as specified in Condition (2). If EPA judges the treatment process to be effective during the operating conditions used dur- ing the initial verification testing, Chaparral Steel may replace the testing requirement in Condition (3)(A) with the testing requirement in Condition (3)(B). Chaparral must continue to test as specified in (3)(A) until and unless notified by EPA or designated authority that testing in Condition (3)(A) may be replaced with by Condition (3)(B). (A) Initial Verification Testing: Representative composite samples from the first eight (8) full- scale treated batches of wastewater from the K061 leachate/wastewater storage tank must be analyzed for the constituent lead as listed in Condition (1), Chaparral must report to EPA the operational and analytical test data, including quality control information, obtained from these initial full scale treatment batches within 90 days of the eighth treatment batch. (B) Subsequent Verification Testing: Following notification by EPA, Chaparral Steel may sub- stitute the testing conditions in (3)(B) for (3)(A). Chaparral Steel must analyze representa- tive composite samples from the treated full scale batches on an annual basis. If delisting levels for any constituent listed in Condition (1) are exceeded in the annual sample, Chap- arral must reinstitute complete testing as required in Condition (3)(A). As stated in Condi- tion (3) Chaparral must continue to test all batches of untreated waste to determine if delisting criteria are met before managing the wastewater from the K061 tank as nonhaz- ardous. (4) Changes in Operating Conditions: If Chaparral Steel significantly changes the treatment process established under Condition (3) (e.g., use of new treatment agents), Chaparral Steel must notify the Agency in writing. After written approval by EPA, Chaparral Steel may handle the wastes generated as non-hazardous, if the wastes meet the delisting levels set in Condition (1). (5) Data Submittals: Records of operating conditions and analytical data from Condition (3) must be compiled, summarized, and maintained on site for a minimum of five years. These records and data must be furnished upon request by EPA, or the State of Texas, or both, and be made available for inspection. Failure to submit the required data within the speci- fied time period or maintain the required records on site for the specified time will be con- sidered by EPA, at its discretion, sufficient basis to reopen the exclusion as described in Paragraph (6). All data must be accompanied by a signed copy of the following certification statement to attest to the truth and accuracy of the data submitted: Under civil and criminal penalty of law for the making or submission of false or fraudulent statements or representations (pursuant to the applicable provisions of the Federal Code, which include, but may not be limited to, 18 U.S.C. 1001 and 42 U.S.C. 6928), I certify that the information contained in or accompanying this document is true, accurate and com- plete. As to the (those) identified section(s) of this document for which I cannot personally verify its (their) truth and accuracy, I certify as the company official having supervisory responsibility for the persons who, acting under my direct instructions, made the verification that this in- formation is true, accurate and complete. In the event that any of this information is determined by EPA in its sole discretion to be false, inaccurate or incomplete, and upon conveyance of this fact to the company, I recog- nize and agree that this exclusion of waste will be void as if it never had effect or to the ex- tent directed by EPA and that the company will be liable for any actions taken in con- travention of the company's RCRA and CERCLA obligations premised upon the company's reliance on the void exclusion. (6) Reopener Language
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Facility Address Waste description
(A) If, anytime after disposal of the delisted waste, Chaparral Steel possesses or is otherwise made aware of any environmental data (including but not limited to leachate data or groundwater monitoring data) or any other data relevant to the delisted waste indicating that any constituent identified for the delisting verification testing is at level higher than the delisting level allowed by the Regional Administrator or his delegate in granting the petition, then the facility must report the data, in writing, to the Regional Administrator or his dele- gate within 10 days of first possessing or being made aware of that data. (B) Based on the information described in paragraphs (5), or (6)(A) and any other information received from any source, the Regional Administrator or his delegate will make a prelimi- nary determination as to whether the reported information requires Agency action to protect human health or the environment. Further action may include suspending, or revoking the exclusion, or other appropriate response necessary to protect human health and the envi- ronment. (C) If the Regional Administrator or his delegate determines that the reported information does require Agency action, the Regional Administrator or his delegate will notify the facility in writing of the actions the Regional Administrator or his delegate believes are necessary to protect human health and the environment. The notice shall include a statement of the proposed action and a statement providing the facility with an opportunity to present infor- mation as to why the proposed Agency action is not necessary. The facility shall have 10 days from the date of the Regional Administrator or delegate's notice to present such infor- mation. (D) Following the receipt of information from the facility described in paragraph (6)(C) or (if no information is presented under paragraph (6)(C)) the initial receipt of information described in paragraph (5) or (6)(A), the Regional Administrator or his delegate will issue a final writ- ten determination describing the Agency actions that are necessary to protect human health or the environment. Any required action described in the Regional Administrator or delegate's determination shall become effective immediately, unless the Regional Adminis- trator or his delegate provides otherwise. (7) Notification Requirements: Chaparral Steel must provide a one-time written notification to any State Regulatory Agency to which or through which the delisted waste described above will be transported for disposal at least 60 days prior to the commencement of such activity. The one-time written notification must be updated if the delisted waste is shipped to a different disposal facility. Failure to provide such a notification will result in a violation of the delisting petition and a possible revocation of the decision. Conversion Horsham, Chemically Stabilized Electric Arc Furnace Dust (CSEAFD) that is generated by Conversion Systems, Inc. Pennsyl- Systems, Inc. (CSI) (using the Super DetoxTM treatment process as modified by CSI to vania. treat EAFD (EPA Hazardous Waste No. K061)) at the following sites and that is disposed of in Subtitle D landfills: Northwestern Steel, Sterling, Illinois after June 13, 1995. CSI must implement a testing program for each site that meets the following conditions for the exclusion to be valid: (1) Verification Testing Requirements: Sample collection and analyses, including quality con- trol procedures, must be performed according to SW±846 methodologies. (A) Initial Verification Testing: During the first 20 operating days of full-scale operation of a newly constructed Super DetoxTM treatment facility, CSI must analyze a minimum of four (4) composite samples of CSEAFD representative of the full 20-day period. Composites must be comprised of representative samples collected from every batch generated. The CSEAFD samples must be analyzed for the constituents listed in Condition (3). CSI must report the operational and analytical test data, including quality control information, ob- tained during this initial period no later than 60 days after the generation of the first batch of CSEAFD. (B) Addition of New Super DetoxTM Treatment Facilities to Exclusion: If the Agency's review of the data obtained during initial verification testing indicates that the CSEAFD generated by a specific Super DetoxTM treatment facility consistently meets the delisting levels speci- fied in Condition (3), the Agency will publish a notice adding to this exclusion the location of the new Super DetoxTM treatment facility and the name of the steel mill contracting CSI's services. If the Agency's review of the data obtained during initial verification testing indicates that the CSEAFD generated by a specific Super DetoxTM treatment facility fails to consistently meet the conditions of the exclusion, the Agency will not publish the notice adding the new facility. (C) Subsequent Verification Testing: For the Sterling, Illinois facility and any new facility sub- sequently added to CSI's conditional multiple-site exclusion, CSI must collect and analyze at least one composite sample of CSEAFD each month. The composite samples must be composed of representative samples collected from all batches treated in each month. These monthly representative samples must be analyzed, prior to the disposal of the CSEAFD, for the constituents listed in Condition (3). CSI may, at its discretion, analyze composite samples gathered more frequently to demonstrate that smaller batches of waste are nonhazardous.
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TABLE 2ÐWASTES EXCLUDED FROM SPECIFIC SOURCES
Facility Address Waste description
(2) Waste Holding and Handling: CSI must store as hazardous all CSEAFD generated until verification testing as specified in Conditions (1)(A) and (1)(C), as appropriate, is completed and valid analyses demonstrate that Condition (3) is satisfied. If the levels of constituents measured in the samples of CSEAFD do not exceed the levels set forth in Condition (3), then the CSEAFD is non-hazardous and may be disposed of in Subtitle D landfills. If con- stituent levels in a sample exceed any of the delisting levels set in Condition (3), the CSEAFD generated during the time period corresponding to this sample must be retreated until it meets these levels, or managed and disposed of in accordance with Subtitle C of RCRA. CSEAFD generated by a new CSI treatment facility must be managed as a haz- ardous waste prior to the addition of the name and location of the facility to the exclusion. After addition of the new facility to the exclusion, CSEAFD generated during the verification testing in Condition (1)(A) is also non-hazardous, if the delisting levels in Condition (3) are satisfied. (3) Delisting Levels: All leachable concentrations for those metals must not exceed the fol- lowing levels (ppm): AntimonyÐ0.06; arsenicÐ0.50; bariumÐ7.6; berylliumÐ0.010; cad- miumÐ0.050; chromiumÐ0.33; leadÐ0.15; mercuryÐ0.009; nickelÐ1; seleniumÐ0.16; silverÐ0.30; thalliumÐ0.020; vanadiumÐ2; and zincÐ70. Metal concentrations must be measured in the waste leachate by the method specified in 40 CFR 261.24. (4) Changes in Operating Conditions: After initiating subsequent testing as described in Con- dition (1)(C), if CSI significantly changes the stabilization process established under Condi- tion (1) (e.g., use of new stabilization reagents), CSI must notify the Agency in writing. After written approval by EPA, CSI may handle CSEAFD wastes generated from the new process as non-hazardous, if the wastes meet the delisting levels set in Condition (3). (5) Data Submittals: At least one month prior to operation of a new Super DetoxTM treatment facility, CSI must notify, in writing, the Chief of the Waste Identification Branch (see ad- dress below) when the Super DetoxTM treatment facility is scheduled to be on-line. The data obtained through Condition (1)(A) must be submitted to the Branch Chief of the Waste Identification Branch, OSW (Mail Code 5304), U.S. EPA, 401 M Street, SW, Washington, DC 20460 within the time period specified. Records of operating conditions and analytical data from Condition (1) must be compiled, summarized, and maintained on site for a min- imum of five years. These records and data must be furnished upon request by EPA, or the State in which the CSI facility is located, and made available for inspection. Failure to submit the required data within the specified time period or maintain the required records on site for the specified time will be considered by EPA, at its discretion, sufficient basis to revoke the exclusion to the extent directed by EPA. All data must be accompanied by a signed copy of the following certification statement to attest to the truth and accuracy of the data submitted: Under civil and criminal penalty of law for the making or submission of false or fraudulent statements or representations (pursuant to the applicable provisions of the Federal Code, which include, but may not be limited to, 18 U.S.C. 1001 and 42 U.S.C. 6928), I certify that the information contained in or accompanying this document is true, accurate and com- plete. As to the (those) identified section(s) of this document for which I cannot personally verify its (their) truth and accuracy, I certify as the company official having supervisory responsibility for the persons who, acting under my direct instructions, made the verification that this in- formation is true, accurate and complete. In the event that any of this information is determined by EPA in its sole discretion to be false, inaccurate or incomplete, and upon conveyance of this fact to the company, I recog- nize and agree that this exclusion of waste will be void as if it never had effect or to the ex- tent directed by EPA and that the company will be liable for any actions taken in con- travention of the company's RCRA and CERCLA obligations premised upon the company's reliance on the void exclusion. DOE±RL ...... Richland, Effluents (EPA Hazardous Waste Nos. F001, F002, F003, F004, F005, and F039 derived Washington. from F001 through F005) generated from the 200 Area Effluent Treatment Facility (ETF) lo- cated at the Hanford site (at a maximum generation rate of 19 million gallons per year) after June 13, 1995. To ensure that hazardous constituents are not present in the wastes at levels of regulatory concern while the treatment facility is in operation, DOE must imple- ment a testing program. This testing program must meet the following conditions for the ex- clusion to be valid: (1) Testing: Sample collection and analyses (including quality control (QC) procedures) must be performed according to SW±846 (or other EPA-approved) methodologies. If EPA judges the treatment process to be effective under the operating conditions used during the initial verification testing, DOE may replace the testing required in Condition (1)(A) with the test- ing required in Condition (1)(B). DOE must continue to test as specified in Condition (1)(A) until notified by EPA in writing that testing in Condition (1) (A) may be replaced by Condi- tion (1)(B).
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TABLE 2ÐWASTES EXCLUDED FROM SPECIFIC SOURCES
Facility Address Waste description
(A) Initial Verification Testing: During the period required to fill the first three verification tanks (each designed to hold approximately 650,000 gallons) with effluents generated from an on-line, full-scale Effluent Treatment Facility (ETF), DOE must monitor the range of typical operating conditions for the ETF. DOE must collect a representative sample from each of the first three verification tanks filled with ETF effluents. The samples must be analyzed, prior to disposal of ETF effluents, for all constituents listed in Condition (3). DOE must re- port the operational and analytical test data, including quality control information, obtained during this initial period no later than 90 days after the first verification tank is filled with ETF effluents. (B) Subsequent Verification Testing: Following notification by EPA, DOE may substitute the testing conditions in this condition for (1)(A). DOE must continue to monitor operating con- ditions, and collect and analyze representative samples from every tenth verification tank filled with ETF effluents. These representative samples must be analyzed, prior to disposal of ETF effluents, for all constituents listed in Condition (3). If all constituent levels in a sam- ple do not meet the delisting levels specified in Condition (3), DOE must analyze rep- resentative samples from the following two verification tanks generated prior to disposal. DOE may also collect and analyze representative samples more frequently. (2) Waste Holding and Handling: DOE must store as hazardous all ETF effluents generated during verification testing (as specified in Conditions (1)(A) and (1)(B)), that is until valid analyses demonstrate that Condition (3) is satisfied. If the levels of hazardous constituents in the samples of ETF effluents are equal to or below all of the levels set forth in Condition (3), then the ETF effluents are not hazardous and may be managed and disposed of in ac- cordance with all applicable solid waste regulations. If hazardous constituent levels in any representative sample collected from a verification tank exceed any of the delisting levels set in Condition (3), the ETF effluents in that verification tank must be re-treated until the ETF effluents meet these levels. Following re-treatment, DOE must repeat analyses in Condition (3) prior to disposal. (3) Delisting Levels: All total constituent concentrations in the waste samples must be meas- ured using the appropriate methods specified in ‘‘Test Methods for Evaluating Solid Wastes: Physical/Chemical Methods,’’ U.S. EPA Publication SW±846 (or other EPA-ap- proved methods). All total constituent concentrations must be equal to or less than the fol- lowing levels (ppm): Inorganic Constituents AmmoniumÐ10.0 AntimonyÐ0.06 ArsenicÐ0.5 BariumÐ20.0 BerylliumÐ0.04 CadmiumÐ0.05 ChromiumÐ1.0 CyanideÐ2.0 FluorideÐ40.0 LeadÐ0.15 MercuryÐ0.02 NickelÐ1.0 SeleniumÐ0.5 SilverÐ2.0 VanadiumÐ2.0 ZincÐ100.0 Organic Constituents AcetoneÐ40.0 BenzeneÐ0.05 Benzyl alcoholÐ100.0 1-Butyl alcoholÐ40.0 Carbon tetrachlorideÐ0.05 ChlorobenzeneÐ1.0 ChloroformÐ0.1 CresolÐ20.0 1,4-DichlorobenzeneÐ0.75 1,2-DichloroethaneÐ0.05 1,1-DichloroethyleneÐ0.07 Di-n-octyl phthalateÐ7.0 HexachloroethaneÐ0.06 Methyl ethyl ketoneÐ200.0 Methyl isobutyl ketoneÐ30.0 NaphthaleneÐ10.0 TetrachloroethyleneÐ0.05 TolueneÐ10.0 Tributyl phosphateÐ0.2 1,1,1-TrichloroethaneÐ2.0 1,1,2-TrichloroethaneÐ0.05
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TABLE 2ÐWASTES EXCLUDED FROM SPECIFIC SOURCES
Facility Address Waste description
TrichloroethyleneÐ0.05 Vinyl ChlorideÐ0.02 (4) Changes in Operating Conditions: After completing the initial verification testing in Condi- tion (1)(A), if DOE significantly changes the operating conditions established in Condition (1), DOE must notify the Agency in writing. After written approval by EPA, DOE must re-in- stitute the testing required in Condition (1)(A). DOE must report the operations and test data, required by Condition (1)(A), including quality control data, obtained during this period no later than 60 days after the changes take place. Following written notification by EPA, DOE may replace testing Condition (1)(A) with (1)(B). DOE must fulfill all other require- ments in Condition (1), as appropriate. (5) Data Submittals: At least two weeks prior to system start-up, DOE must notify, in writing, the Chief of the Waste Identification Branch (see address below) when the Effluent Treat- ment Process will be on-line and waste treatment will begin. The data obtained through Condition (1)(A) must be submitted to the Branch Chief, Waste Identification Branch, OSW (Mail Code 5304), U.S. EPA, 401 M Street, S.W., Washington, DC 20460 within the time period specified. Records of operating conditions and analytical data from Condition (1) must be compiled, summarized, and maintained on site for a minimum of three years. These records and data must be furnished upon request by EPA or the State of Wash- ington and made available for inspection. Failure to submit the required data within the specified time period or to maintain the required records on site for the specified time will be considered by EPA, at its discretion, sufficient basis to revoke the exclusion to the ex- tent directed by EPA. All data must be accompanied by a signed copy of the following cer- tification statement to attest to the truth and accuracy of the data submitted: Under civil and criminal penalty of law for the making or submission of false or fraudulent statements or representations (pursuant to the applicable provisions of the Federal Code, which include, but may not be limited to, 18 USC 1001 and 42 USC 6928), I certify that the information contained in or accompanying this document is true, accurate, and complete. As to the (those) identified section(s) of this document for which I cannot personally verify its (their) truth and accuracy, I certify as the official having supervisory responsibility for the persons who, acting under my direct instructions, made the verification that this information is true, accurate, and complete. In the event that any of this information is determined by EPA in its sole discretion to be false, inaccurate, or incomplete, and upon conveyance of this fact to DOE, I recognize and agree that this exclusion of waste will be void as if it never had effect or to the extent di- rected by EPA and that the DOE will be liable for any actions taken in contravention of its RCRA and CERCLA obligations premised upon DOE's reliance on the void exclusion. DuraTherm, In- San Leon, Desorber Solids, (at a maximum generation of 20,000 cubic yards per calendar year) gen- corporated. Texas. erated by DuraTherm using the treatment process to treat the Desorber solids, (EPA Haz- ardous Waste No. K048, K049, K050, and K051 and disposed of in a subtitle D landfill. DuraTherm must implement the testing program found in Table 1. Wastes Excluded From Non-Specific Sources, for the petition to be valid. Envirite of Illi- Harvey, Illinois See waste description under Envirite of Pennsylvania. nois (for- merly Envirite Cor- poration). Envirite of Ohio Canton, Ohio See waste description under Envirite of Pennsylvania. (formerly Envirite Cor- poration). Envirite of York, Pennsyl- Spent pickle liquor (EPA Hazardous Waste No. K062) generated from steel finishing oper- Pennsylvania vania. ations of facilities within the iron and steel industry (SIC Codes 331 and 332); wastewater (formerly treatment sludge (EPA Hazardous Waste No. K002) generated from the production of Envirite Cor- chrome yellow and orange pigments; wastewater treatment sludge (EPA Hazardous Waste poration). No. K003) generated from the production of molybdate orange pigments; wastewater treat- ment sludge (EPA Hazardous Waste No. K004) generated from the production of zinc yel- low pigments; wastewater treatment sludge (EPA Hazardous Waste K005) generated from the production of chrome green pigments; wastewater treatment sludge (EPA Hazardous Waste No. K006) generated from the production of chrome oxide green pigments (anhy- drous and hydrated); wastewater treatment sludge (EPA Hazardous Waste No. K007) gen- erated from the production of iron blue pigments; oven residues (EPA Hazardous Waste No. K008) generated from the production of chrome oxide green pigments after November 14, 1986. To ensure that hazardous constituents are not present in the waste at levels of regulatory concern, the facility must implement a contingency testing program for the peti- tioned wastes. This testing program must meet the following conditions for the exclusions to be valid:
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TABLE 2ÐWASTES EXCLUDED FROM SPECIFIC SOURCES
Facility Address Waste description
(1) Each batch of treatment residue must be representatively sampled and tested using the EP Toxicity test for arsenic, barium, cadmium, chromium, lead, selenium, silver, mercury, and nickel. If the extract concentrations for chromium, lead, arsenic, and silver exceed 0.315 ppm; barium levels exceed 6.3 ppm; cadmium and selenium exceed 0.063 ppm; mercury exceeds 0.0126 ppm; or nickel levels exceed 2.205 ppm, the waste must be re- treated or managed and disposed as a hazardous waste under 40 CFR Parts 262 to 265 and the permitting standards of 40 CFR Part 270. (2) Each batch of treatment residue must be tested for reactive and leachable cyanide. If the reactive cyanide levels exceed 250 ppm; or leachable cyanide levels (using the EP Toxicity test without acetic acid adjustment) exceed 1.26 ppm, the waste must be re-treated or managed and disposed as hazardous waste under 40 CFR Parts 262 to 265 and the per- mitting standards of 40 CFR 270. (3) Each batch of waste must be tested for the total content of specific organic toxicants. If the total content of anthracene exceeds 76.8 ppm, 1.2-diphenyl hydrazine exceeds 0.001 ppm, methylene chloride exceeds 8.18 ppm, methyl ethyl ketone exceeds 326 ppm, n- nitrosodiphenylamine exceeds 11.9 ppm, phenol exceeds 1,566 ppm, tetrachloroethylene exceeds 0.188 ppm, or trichloroethylene exceeds 0.592 ppm, the waste must be managed and disposed as a hazardous waste under 40 CFR Parts 262 to 265 and the permitting standards of 40 CFR Part 27 0. (4) A grab sample must be collected from each batch to form one monthly composite sample which must be tested using GC/MS analysis for the compounds listed in #3, above, as well as the remaining organics on the priority pollutant list. (See 47 FR 52309, November 19, 1982, for a list of the priority pollutants.) (5) The data from conditions 1±4 must be kept on file at the facility for inspection purposes and must be compiled, summarized, and submitted to the Administrator by certified mail semi-annually. The Agency will review this information and if needed will propose to modify or withdraw the exclusion. The organics testing described in conditions 3 and 4, above, is not required until six months from the date of promulgation. The Agency's decision to con- ditionally exclude the treatment residue generated from the wastewater treatment systems at these facilities applies only to the wastewater and solids treatment systems as they presently exist as described in the delisting petition. The exclusion does not apply to the proposed process additions described in the petition as recovery, including crystallization, electrolytic metals recovery, evaporative recovery, and ion exchange. Giant Refining Bloomfield, Waste generated during the excavation of soils from two wastewater treatment impound- Company, New Mexico. ments (referred to as the South and North Oily Water Ponds) used to contain water outflow Inc. from an API separator (EPA Hazardous Waste No. K051). This is a one-time exclusion for approximately 2,000 cubic yards of stockpiled waste. This exclusion was published on Sep- tember 3, 1996. Notification Requirements: Giant Refining Company must provide a one-time written notifica- tion to any State Regulatory Agency to which or through which the delisted waste de- scribed above will be transported for disposal at least 60 days prior to the commencement of such activities. Failure to provide such a notification will result in a violation of the delisting petition and a possible revocation of the decision. LCP Chemical Orrington, ME Brine purification muds and wastewater treatment sludges generated after August 27, 1985 from their chlor-alkali manufacturing operations (EPA Hazardous Waste Nos. K071 and K106) that have been batch tested for mercury using the EP toxicity procedures and have been found to contain less than 0.05 ppm mercury in the EP extract. Brine purification muds and wastewater treatment sludges that exceed this level will be considered a haz- ardous waste. Marathon Oil Texas City, Residual solids (at a maximum annual generation rate of 1,000 cubic yards) generated from Co. Texas. the thermal desorption treatment and, where necessary, stabilization of wastewater treat- ment plant API/DAF filter cake (EPA Hazardous Waste Nos. K048 and K051), after [insert date of publication]. Marathon must implement a testing program that meets the following conditions for the exclusion to be valid: (1) Testing: Sample collection and analyses (including quality control (QC) procedures) must be performed according to SW±846 methodologies. If EPA judges the treatment process to be effective under the operating conditions used during the initial verification testing, Mara- thon may replace the testing required in Condition (1)(A) with the testing required in Condi- tion (1)(B). Marathon must continue to test as specified in Condition (1)(A), including test- ing for organics in Conditions (3)(B) and (3)(C), until and unless notified by EPA in writing that testing in Condition (1)(A) may be replaced by Condition (1)(B), or that testing for organics may be terminated as described in (1)(C) (to the extent directed by EPA). (A) Initial Verification Testing: During at least the first 40 operating days of full-scale operation of the thermal desorption unit, Marathon must monitor the operating conditions and analyze 5-day composites of residual solids. 5-day composites must be composed of representative grab samples collected from every batch during each 5-day period of operation. The sam- ples must be analyzed prior to disposal of the residual solids for constituents listed in Con- dition (3). Marathon must report the operational and analytical test data, including quality control information, obtained during this initial period no later than 90 days after the treat- ment of the first full-scale batch.
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TABLE 2ÐWASTES EXCLUDED FROM SPECIFIC SOURCES
Facility Address Waste description
(B) Subsequent Verification Testing: Following notification by EPA, Marathon may substitute the testing conditions in (1)(B) for (1)(A). Marathon must continue to monitor operating con- ditions, and analyze samples representative of each month of operation. The samples must be composed of representative grab samples collected during at least the first five days of operation of each month. These monthly representative samples must be analyzed for the constituents listed in Condition (3) prior to the disposal of the residual solids. Marathon may, at its discretion, analyze composite samples gathered more frequently to demonstrate that smaller batches of waste are nonhazardous. (C) Termination of Organic Testing: Marathon must continue testing as required under Condi- tion (1)(B) for organic constituents specified in Conditions (3)(B) and (3)(C) until the anal- yses submitted under Condition (1)(B) show a minimum of four consecutive monthly rep- resentative samples with levels of specific constituents significantly below the delisting lev- els in Conditions (3)(B) and (3)(C), and EPA notifies Marathon in writing that monthly test- ing for specific organic constituents may be terminated. Following termination of monthly testing, Marathon must continue to test a representative 5-day composite sample for all constituents listed in Conditions (3)(B) and (3)(C) on an annual basis. If delisting levels for any constituents listed in Conditions (3)(B) and (3)(C) are exceeded in the annual sample, Marathon must reinstitute complete testing as required in Condition (1)(B). (2) Waste Holding and Handling: Marathon must store as hazardous all residual solids gen- erated until verification testing (as specified in Conditions (1)(A) and (1)(B)) is completed and valid analysis demonstrates that Condition (3) is satisfied. If the levels of hazardous constituents in the samples of residual solids are below all of the levels set forth in Condi- tion (3), then the residual solids are non-hazardous and may be managed and disposed of in accordance with all applicable solid waste regulations. If hazardous constituent levels in any 5-day composite or other representative sample equal or exceed any of the delisting levels set in Condition (3), the residual solids generated during the corresponding time pe- riod must be retreated and/or stabilized as allowed below, until the residual solids meet these levels, or managed and disposed of in accordance with Subtitle C of RCRA. If the residual solids contain leachable inorganic concentrations at or above the delisting lev- els set forth in Condition (3)(A), then Marathon may stabilize the material with Type 1 port- land cement as demonstrated in the petition to immobilize the metals. Following stabiliza- tion, Marathon must repeat analyses in Condition (3)(A) prior to disposal. (3) Delisting Levels: Leachable concentrations in Conditions (3)(A) and (3)(B) must be meas- ured in the waste leachate by the method specified in 40 CFR 261.24. The indicator pa- rameters in Condition (3)(C) must be measured as the total concentration in the waste. Concentrations must be less than the following levels (ppm): (A) Inorganic Constituents: antimony-0.6; arsenic, chromium, or silver-5.0; barium-100.0; be- ryllium-0.4; cadmium-0.5; lead-1.5; mercury-0.2; nickel-10.0; selenium-1.0; vanadium-20.0. (B) Organic Constituents: acenaphthene-200; benzene-0.5; benzo(a)anthracene-0.01; benzo(a)pyrene-0.02; benzo(b)fluoranthene-0.02; chrysene-0.02; ethyl benzene-70; fluoran- thene-100; fluorene-100; naphthalene-100; pyrene-100; toluene-100. (C) Indicator Parameters: 1-methyl naphthalene-3; benzo(a)pyrene-3. (4) Changes in Operating Conditions: After completing the initial verification test period in Condition (1)(A), if Marathon significantly changes the operating conditions established under Condition (1), Marathon must notify the Agency in writing. After written approval by EPA, Marathon must re-institute the testing required in Condition (1)(A) for a minimum of four 5-day operating periods. Marathon must report the operations and test data, required by Condition (1)(A), including quality control data, obtained during this period no later than 60 days after the changes take place. Following written notification by EPA, Marathon may replace testing Condition (1)(A) with (1)(B). Marathon must fulfill all other requirements in Condition (1), as appropriate. (5) Data Submittals: At least two weeks prior to system start-up, Marathon must notify in writ- ing the Section Chief Delisting Section (see address below) when the thermal desorption and stabilization units will be on-line and waste treatment will begin. The data obtained through Condition (1)(A) must be submitted to the Section Chief, Delisting Section, OSW (OS±333), U.S. EPA, 401 M Street, SW., Washington, DC 20460 within the time period specified. Records of operating conditions and analytical data from Condition (1) must be compiled, summarized, and maintained on site for a minimum of five years. These records and data must be furnished upon request by EPA or the State of Texas and made avail- able for inspection. Failure to submit the required data within the specified time period or maintain the required records on site for the specified time will be considered by EPA, at its discretion, sufficient basis to revoke the exclusion to the extent directed by EPA. All data must be accompanied by a signed copy of the following certification statement to at- test to the truth and accuracy of the data submitted: ‘‘Under civil and criminal penalty of law for the making or submission of false or fraudulent statements or representations (pursuant to the applicable provisions of the Federal Code, which include, but may not be limited to, 18 U.S.C. 1001 and 42 U.S.C 6928), I certify that the information contained in or accompanying this document is true, accurate, and com- plete.
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TABLE 2ÐWASTES EXCLUDED FROM SPECIFIC SOURCES
Facility Address Waste description
As to the (those) identified sections(s) of this document for which I cannot personally verify its (their) truth and accuracy, I certify as the company official having supervisory responsibility for the persons who, acting under my direct instructions, made the verification that this in- formation is true, accurate, and complete. In the event that any of this information is determined by EPA in its sole discretion to be false, inaccurate, or incomplete, and upon conveyance of this fact to the company, I recog- nize and agree that this exclusion of waste will be void as if it never had effect or to the ex- tent directed by EPA and that the company will be liable for any actions taken in con- travention of the company's RCRA and CERCLA obligations premised upon the company's reliance on the void exclusion.’’ Mearl Corp ...... Peekskill, NY Wastewater treatment sludge (EPA Hazardous Waste Nos. K006 and K007) generated from the production of chrome oxide green and iron blue pigments after November 27, 1985. Monsanto In- Sauget, Illinois Brine purification muds (EPA Hazardous Waste No. K071) generated from the mercury cell dustrial process in chlorine production, where separately prepurified brine is not used after August Chemicals 15, 1986. Company. Occidental Ingleside, Limestone Sludge, (at a maximum generation of 1,114 cubic yards per calendar year) Chemical. Texas. Rockbox Residue, (at a maximum generation of 1,000 cubic yards per calendar year) gen- erated by Occidental Chemical using the wastewater treatment process to treat the Rockbox Residue and the Limestone Sludge (EPA Hazardous Waste No. K019, K020). Oc- cidental Chemical must implement a testing program that meets conditions found in Table 1. Wastes Excluded From Non-Specific Sources from the petition to be valid.
Occidental Sheffield, Ala- Retorted wastewater treatment sludge from the mercury cell process in chlorine production Chemical bama. (EPA Hazardous Waste No. K106) after September 19, 1989. This exclusion is conditional Corp. Muscle upon the submission of data obtained from Occidental's full-scale retort treatment system Shoals Plant. because Occidental's original data were based on a pilot-scale retort system. To ensure that hazardous constituents are not present in the waste at levels of regulatory concern once the full-scale treatment facility is in operation, Occidental must implement a testing program. All sampling and analyses (including quality control procedures) must be per- formed according to SW±846 procedures. This testing program must meet the following conditions for the exclusion to be valid: (1) Initial TestingÐDuring the first four weeks of full-scale retort operation, Occidental must do the following: (A) Collect representative grab samples from every batch of retorted material and composite the grab samples to produce a weekly composite sample. The weekly composite samples, prior to disposal or recycling, must be analyzed for the EP leachate concentrations of all the EP toxic metals (except mercury), nickel, and cyanide (using distilled water in the cya- nide extractions), and the total constitutent concentrations of reactive sulfide and reactive cyanide. Occidental must report the analytical test data, including all quality control data, obtained during this initial period no later than 90 days after the treatment of the first full- scale batch. (B) Collect representative grab samples of every batch of retorted material prior to its dis- posal or recycling and analyze the sample for EP leachate concentration of mercury. Occi- dental must report the analytical test data, including all quality control data, within 90 days after the treatment of the first full-scale batch. (2) Subsequent TestingÐAfter the first four weeks of full-scale retort operation, Occidental must do the following: (A) Continue to sample and test as described in condition (1)(A). Occidental must compile and store on-site for a minimum of three years all analytical data and quality control data. These data must be furnished upon request and made available for inspection by any em- ployee or representative of EPA or the State of Alabama. These testing requirements shall be terminated by EPA when the results of four consecutive weekly composite samples of the petitioned waste, obtained from either the initial testing or subsequent testing show the maximum allowable levels in condition (3) are not exceeded and the Section Chief, Variances Section, notifies Occidental that the requirements of this condition have been lift- ed. (B) Continue to sample and test for mercury as described in condition (1)(B). Occidental must compile and store on-site for a minimum of three years all analytical data and quality control data. These data must be furnished upon request and made available for inspection by any employee or representative of EPA or the State of Alabama. These testing requirements shall remain in effect until Occidental provides EPA with analytical and quality control data for thirty consecutive batches of retorted material, collected as de- scribed in condition (1)(B), demonstrating that the EP leachable levels of mercury are below the maximum allowable level in condition (3) and the Section Chief, Variances Sec- tion, notifies Occidental that the testing in condition (2)(B) may be replaced with (2)(C).
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TABLE 2ÐWASTES EXCLUDED FROM SPECIFIC SOURCES
Facility Address Waste description
(C) [If the conditions in (2)(B) are satisfied, the testing requirements for mercury in (2)(B) shall be replaced with the following condition]. Collect representative grab samples from every batch of retorted material on a daily basis and composite the grab samples to produce a weekly composite sample. Occidental must analyze each weekly composite sample prior to its disposal or recycling for the EP leachate concentration of mercury. Occi- dental must compile and store on-site for a minimum of three years all analytical data and quality control data. These data must be furnished upon request and made available for in- spection by any employee or representative of EPA or the State of Alabama. (3) If, under condition (1) or (2), the EP leachate concentrations for chromium, lead, arsenic, or silver exceed 1.616 mg/l; for barium exceeds 32.3 mg/l; for cadmium or selenium ex- ceed 0.323 mg/l; for mercury exceeds 0.065 mg/l, for nickel exceeds 16.15 mg/l; for cya- nide exceeds 22.61 mg/l; or for total reactive cyanide or total reactive sulfide levels exceed 250 mg/kg and 500 mg/kg, respectively, the waste must either be retreated until it meets these levels or managed and disposed of in accordance with subtitle C of RCRA. (4) Within one week of system start-up, Occidental must notify the Section Chief, Variances Section (see address below) when the full-scale retort system is on-line and waste treat- ment has begun. All data obtained through condition (1) must be submitted to the Section Chief, Variances Section, PSPD/OSW (OS±343), U.S. EPA, 401 M Street SW., Wash- ington, DC 20460 within the time period specified in condition (1). At the Section Chief's re- quest, Occidental must submit any other analytical data obtained through condition (2) to the above address, within the time period specified by the Section Chief. Failure to submit the required data will be considered by the Agency sufficient basis to revoke Occidental's exclusion to the extent directed by EPA. All data must be accompanied by the following certification statement: ‘‘Under civil and criminal penalty of law for the making or submission of false or fraudulent statements or representations (pursuant to the applicable provisions of the Federal Code which include, but may not be limited to, 18 U.S.C. 6928), I certify that the information con- tained in or accompanying this document is true, accurate and complete. As to the (those) identified section(s) of this document for which I cannot personally verify its (their) truth and accuracy, I certify as the company official having supervisory responsibility for the persons who, acting under my direct instructions, made the verification that this in- formation is true, accurate and complete. In the event that any of this information is determined by EPA in its sole discretion to be false, inaccurate or incomplete, and upon conveyance of this fact to the company, I recog- nize and agree that this exclusion of wastes will be void as if it never had effect or to the extent directed by EPA and that the company will be liable for any actions taken in con- travention of the company's RCRA and CERCLA obligations premised upon the company's reliance on the void exclusion.’’ Occidental Delaware City, Sodium chloride treatment muds (NaCl±TM), sodium chloride saturator cleanings (NaCl±SC), Chemical Delaware. and potassium chloride treatment muds (KCl±TM) (all classified as EPA Hazardous Waste Corporation. No. K071) generated at a maximum combined rate (for all three wastes) of 1,018 tons per year. This exclusion was published on April 29, 1991 and is conditioned upon the collection of data from Occidental's full-scale brine treatment system because Occidental's request for exclusion was based on data from a laboratory-scale brine treatment process. To en- sure that hazardous constituents are not present in the waste at levels of regulatory con- cern once the full-scale treatment system is in operation, Occidental must implement a testing program for the petitioned waste. All sampling and analyses (including quality con- trol procedures) must be performed according to SW±846 methodologies. This testing pro- gram must meet the following conditions for the exclusion to be valid: (1) Initial Testing: During the first four weeks of full-scale treatment system operation, Occi- dental must do the following: (A) Collect representative grab samples from each batch of the three treated wastestreams (sodium chloride saturator cleanings (NaCl±SC), sodium chloride treatment muds (NaCl± TM) and potassium chloride treatment muds (KCl±TM)) on an as generated basis, and composite the samples to produce three separate weekly composite samples (of each type of K071 waste). The three weekly composite samples, prior to disposal, must be analyzed for the EP leachate concentrations of all the EP toxic metals (except mercury), nickel and cyanide (using deionized water in the cyanide extractions), and the total constituent con- centrations of reactive sulfide and reactive cyanide. Occidental must report the waste vol- umes produced and the analytical test data, including all quality control data, obtained dur- ing this initial period, no later than 90 days after the treatment of the first full-scale batch. (B) Collect representative grab samples of each batch of the three treated wastestreams (NaCl±SC, NACl±TM and KCl±TM) and composite the grab samples to produce three sep- arate daily composite samples (of each type of K071 waste) on an as generated basis. The three daily composite samples, prior to disposal, must be analyzed for the EP leachate concentration of mercury. Occidental must report the waste volumes produced and the an- alytical test data, including all quality control data, obtained during this initial period, no later than 90 days after the treatment of the first full-scale batch. (2) Subsequent Testing: After the first four weeks of full-scale treatment operations, Occi- dental must do the following (all sampling and analyses (including quality control proce- dures) must be performed according to SW±846 procedures):
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Facility Address Waste description
(A) Continue to sample and test as described in condition (1)(A). Occidental must compile and store on-site for a minimum of three years the records of waste volumes produced and all analytical data and quality control data. These data must be furnished upon request and made available for inspection by any employee or representative of EPA or the State of Delaware. These testing requirements shall be terminated by EPA when the results of four consecutive weekly composite samples of the petitioned waste, obtained from either the initial testing or subsequent testing, show the maximum allowable levels in condition (3) are not exceeded and the Section Chief, Variances Section, notifies Occidental that the re- quirements of this condition have been lifted. (B) Continue to sample and test for mercury as described in condition (1)(B). Occidental must compile and store on-site for a minimum of three years the records of waste volumes pro- duced and all analytical data and quality control data. These data must be furnished upon request and made available for inspection by any employee or representative of EPA or the State of Delaware. These testing requirements shall be terminated and replaced with the requirements of condition (2)(C) if Occidental provides EPA with analytical and quality control data for thirty consecutive batches of treated material, collected as described in condition (1)(B), demonstrating that the EP leachable level of mercury in condition (3) is not exceeded (in all three treated wastes), and the Section Chief, Variances Section, noti- fies Occidental that the testing in condition (2)(B) may be replaced with (2)(C). (C) [If the conditions in (2)(B) are satisfied, the testing requirements for mercury in (2)(B) shall be replaced with the following condition.] Collect representative grab samples from each batch of the three treated wastestreams (NaCl±SC, NaCl±TM and KCl±TM) on an as generated basis and composite the grab samples to produce three separate weekly com- posite samples (of each type of K071 waste). The three weekly composite samples, prior to disposal, must be analyzed for the EP leachate concentration of mercury. Occidental must compile and store on-site for a minimum of three years the records of waste volumes produced and all analytical data and quality control data. These data must be furnished upon request and made available for inspection by any employee or representative of EPA or the State of Delaware. (3) If under conditions (1) or (2), the EP leachate concentration for chromium, lead, arsenic, or silver exceeds 0.77 mg/L; for barium exceeds 15.5 mg/L; for cadmium or selenium ex- ceeds 0.16 mg/L; for mercury exceeds 0.031 mg/L; for nickel or total cyanide exceeds 10.9 mg/L; or the total reactive cyanide or total reactive sulfide levels exceeds 250 mg/kg and 500 mg/kg, the waste must either be retreated or managed and disposed of in accordance with all applicable hazardous waste regulations. (4) Within one week of system start-up, Occidental must notify the Section Chief, Variances Section (see address below) when the full-scale system is on-line and waste treatment has begun. All data obtained through condition (1) must be submitted to the Section Chief, Variances Section, PSPD/OSW, (OS±333), U.S. EPA, 401 M Street, SW., Washington, DC 20460 within the time period required in condition (1). At the Section Chief's request, Occi- dental must submit any other analytical data obtained through conditions (1) and (2) to the above address within the time period specified by the Section Chief. Failure to submit the required data will be considered by the Agency sufficient basis to revoke Occidental's ex- clusion to the extent directed by EPA. All data (either submitted to EPA or maintained at the site) must be accompanied by the following statement: ‘‘Under civil and criminal penalty of law for the making or submission of false or fraudulent statements or representations (pursuant to the applicable provisions of the Federal Code, which include, but may not be limited to 18 U.S.C. 1001 and 42 U.S.C. 6926), I certify that the information contained in or accompanying this document is true, accurate and com- plete. As to the (those) identified section(s) of this document for which I cannot personally verify its (their) truth and accuracy, I certify as the company official having supervisory responsibility for the persons who, acting under my direct instructions, made the verification that this in- formation is true, accurate and complete. In the event that any of this information is determined by EPA in its sole discretion to be false, inaccurate or incomplete, and upon conveyance of this fact to the company, I recog- nize and agree that this exclusion of wastes will be void as if it never had effect or to the extent directed by EPA and that the company will be liable for any actions taken in con- travention of the company's RCRA and CERCLA obligations premised upon the company's reliance on the void exclusion.’’ Oxy Vinyls ...... Deer Park, Rockbox Residue, (at a maximum generation of 1,000 cubic yards per calender year) gen- Texas. erated by Oxy Vinyls using the wastewater treatment process to treat the Rockbox Residue (EPA Hazardous Waste No. K017, K019, and K020). Oxy Vinyls must implement a testing program that meets the following conditions for the ex- clusion to be valid: (1) Delisting Levels: All concentrations for the following constituents must not exceed the fol- lowing levels (ppm). The Rockbox Residue must be measured in the waste leachate by the method specified in 40 CFR 261.24. (A) Rockbox Residue: (i) Inorganic Constituents: BariumÐ200; ChromiumÐ5.0; CopperÐ130; Lead+1.5; TinÐ 2,100; VanadiumÐ30; ZincÐ1,000
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Facility Address Waste description
(ii) Organic Constituents: AcetoneÐ400; DichloromethaneÐ1.0; DimethylphthalateÐ4,000; XyleneÐ10,000; 2,3,7,8-TCDD EquivalentÐ0.00000006 (2) Waste Holding and Handling: Oxy Vinyls must store in accordance with its RCRA permit, or continue to dispose of as hazardous waste all Rockbox Residue generated until the verification testing described in Condition (3)(B), as appropriate, is completed and valid analyses demonstrate that condition (3) is satisfied. If the levels of constituents measured in the samples of the Rockbox Residue do not exceed the levels set forth in Condition (1), then the waste is nonhazardous and may be managed and disposed of in accordance with all applicable solid waste regulations. If constituent levels in a sample exceed any of the delisting levels set in Condition 1, waste generated during the time period corresponding to this sample must be managed and disposed of in accordance with subtitle C of RCRA. (3) Verification Testing Requirements: Sample collection and analyses, including quality con- trol procedures, must be performed according to SW±846 methodologies. If EPA judges the incineration process to be effective under the operating conditions used during the ini- tial verification testing, Oxy Vinyls may replace the testing required in Condition (3)(A) with the testing required in Condition (3)(B). Oxy Vinyls must continue to test as specified in Condition (3)(A) until and unless notified by EPA in writing that testing in Condition (3)(A) may be replaced by Condition (3)(B). (A) Initial Verification Testing: (i) When the Rockbox unit is decommissioned for clean out, after the final exclusion is granted, Oxy Vinyls must collect and analyze composites of the Rockbox Residue. Two composites must be composed of representative grab samples col- lected from the Rockbox unit. The waste must be analyzed, prior to disposal, for all of the constituents listed in Condition 1. No later than 90 days after the Rockbox unit is decom- missioned for clean out the first two times after this exclusion becomes final, Oxy Vinyls must report the operational and analytical test data, including quality control information. (B) Subsequent Verification Testing: Following written notification by EPA, Oxy Vinyls may substitute the testing conditions in (3)(B) for (3)(A)(i). Oxy Vinyls must continue to monitor operating conditions, analyze samples representative of each cleanout of the Rockbox of operation during the first year of waste generation. (C) Termination of Organic Testing for the Rockbox Residue: Oxy Vinyls must continue test- ing as required under Condition (3)(B) for organic constituents specified under Condition (3)(B) for organic constituents specified in Condition (1)(A)(ii) until the analyses submitted under Condition (3)(B) show a minimum of two consecutive annual samples below the delisting levels in Condition (1)(A)(ii), Oxy Vinyls may then request that annual organic test- ing be terminated. Following termination of the quarterly testing, Oxy Vinyls must continue to test a representative composite sample for all constituents listed in Condition (1) on an annual basis (no later than twelve months after exclusion). (4) Changes in Operating Conditions: If Oxy Vinyls significantly changes the process which generate(s) the waste(s) and which may or could affect the composition or type waste(s) generated as established under Condition (1) (by illustration, but not limitation, change in equipment or operating conditions of the treatment process), Oxy Vinyls must notify the EPA in writing and may no longer handle the wastes generated from the new process or no longer discharges as nonhazardous until the wastes meet the delisting levels set Condi- tion (1) and it has received written approval to do so from EPA. (5) Data Submittals: The data obtained through Condition 3 must be submitted to Mr. William Gallagher, Chief, Region 6 Delisting Program, U.S. EPA, 1445 Ross Avenue, Dallas, Texas 75202±2733, Mail Code, (6PD-O) within the time period specified. Records of operating conditions and analytical data from Condition (1) must be compiled, summarized, and maintained on site for a minimum of five years. These records and data must be furnished upon request by EPA, or the State of Texas, and made available for inspection. Failure to submit the required data within the specified time period or maintain the required records on site for the specified time will be considered by EPA, at its discretion, sufficient basis to revoke the exclusion to the extent directed by EPA. All data must be accompanied by a signed copy of the following certification statement to attest to the truth and accuracy of the data submitted: Under civil and criminal penalty of law for the making or submission of false or fraudulent statements or representations (pursuant to the applicable provisions of the Federal Code, which include, but may not be limited to, 18 U.S.C. 1001 and 42 U.S.C. 6928), I certify that the information contained in or accompanying this document is true, accurate and com- plete. As to the (those) identified section(s) of this document for which I cannot personally verify its (their) truth and accuracy, I certify as the company official having supervisory responsi- bility for the persons who, acting under my direct instructions, made the verification that this information is true, accurate and complete. In the event that any of this information is determined by EPA in its sole discretion to be false, inaccurate or incomplete, and upon conveyance of this fact to the company, I recog- nize and agree that this exclusion of waste will be void as if it never had effect or to the ex- tent directed by EPA and that the company will be liable for any actions taken in con- travention of the company's RCRA and CERCLA obligations premised upon the company's reliance on the void exclusion. (6) Reopener Language:
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Facility Address Waste description
(A) If, anytime after disposal of the delisted waste, Oxy Vinyls possesses or is otherwise made aware of any environmental data (including but not limited to leachate data or groundwater monitoring data) or any other data relevant to the delisted waste indicating that any constituent identified for the delisting verification testing is at level higher than the delisting level allowed by the Director in granting the petition, then the facility must report the data, in writing, to the Director within 10 days of first possessing or being made aware of that data. (B) If the annual testing of the waste does not meet the delisting requirements in Paragraph 1, Oxy Vinyls must report the data, in writing, to the Director within 10 days of first pos- sessing or being made aware of that data. (C) Based on the information described in paragraphs (A) or (B) and any other information received from any source, the Director will make a preliminary determination as to whether the reported information requires Agency action to protect human health or the environ- ment. Further action may include suspending, or revoking the exclusion, or other appro- priate response necessary to protect human health and the environment. (D) If the Director determines that the reported information does require Agency action, the Director will notify the facility in writing of the actions the Director believes are necessary to protect human health and the environment. The notice shall include a statement of the pro- posed action and a statement providing the facility with an opportunity to present informa- tion as to why the proposed Agency action is not necessary. The facility shall have 10 days from the date of the Director's notice to present such information. (E) Following the receipt of information from the facility described in paragraph (D) or (if no information is presented under paragraph (D)) the initial receipt of information described in paragraphs (A) or (B), the Director will issue a final written determination describing the Agency actions that are necessary to protect human health or the environment. Any re- quired action described in the Director's determination shall become effective immediately, unless the Director provides otherwise. (7) Notification Requirements: Oxy Vinyls must provide a one-time written notification to any State Regulatory Agency to which or through which the delisted waste described above will be transported for disposal at least 60 days prior to the commencement of such activities. Failure to provide such a notification will result in a violation of the delisting petition and a possible revocation of the decision. Perox, Incor- Sharon, Penn- Iron oxide (EPA Hazardous Waste No. K062) generated (at a maximum annual rate of 4800 porated. sylvania. cubic yards) from a spent hydrochloric acid pickle liquor regeneration plant for spent pickle liquor generated from steel finishing operations. This exclusion was published on Novem- ber 13, 1990. Pioneer Chlor St. Gabriel, LA Brine purification muds, which have been washed and vacuum filtered, generated after Au- Alkai Com- gust 27, 1985 from their chlor-alkali manufacturing operations (EPA Hazardous Waste No. pany, Inc. K071) that have been batch tested for mercury using the EP toxicity procedure and have (formerly been found to contain less than 0.05 ppm in mercury in the EP extract. Brine purification Stauffer muds that exceed this level will be considered a hazardous waste. Chemical Company). POP Fasteners Shelton, Con- Wastewater treatment sludge (EPA Hazardous Waste No. F006) generated from electro- necticut. plating operations (at a maximum annual rate of 300 cubic yards) after December 7, 1992. In order to confirm that the characteristics of the waste do not change significantly, the fa- cility must, on an annual basis, analyze a representative composite sample for the constitu- ents listed in § 261.24 using the method specified therein. The annual analytical results, in- cluding quality control information, must be compiled, certified according to § 260.22(i)(12) of this chapter, maintained on site for a minimum of five years, and made available for in- spection upon request by any employee or representative of EPA or the State of Con- necticut. Failure to maintain the required records on site will be considered by EPA, at its discretion, sufficient basis to revoke the exclusion to the extent directed by EPA. Rhodia ...... Houston, Filter-cake Sludge, (at a maximum generation of 1,200 cubic yards per calendar year) gen- Texas. erated by Rhodia using the SARU and AWT treatment process to treat the filter-cake sludge (EPA Hazardous Waste Nos. K002±004, K006-K011, K013±K052, K060±K062, K064±K066, K069, K071, K073, K083±K088, K090±K091, K093±K118, K123±K126, K131± K133, K136, K141±K145, K147±K151, K156±K161) generated at Rhodia. Rhodia must im- plement the testing program described in Table 1. Waste Excluded From Non-Specific Sources for the petition to be valid. Roanoke Elec- Roanoke, VA Fully-cured chemically stabilized electric arc furnace dust/sludge (CSEAFD) treatment residue tric Steel (EPA Hazardous Waste No. K061) generated from the primary production of steel after Corp. March 22, 1989. This exclusion is conditioned upon the data obtained from Roanoke's full- scale CSEAFD treatment facility because Roanoke's original data were obtained from a laboratory-scale CSEAFD treatment process. To ensure that hazardous constituents are not present in the waste at levels of regulatory concern once the full-scale treatment facility is in operation, Roanoke must implement a testing program for the petitioned waste. This testing program must meet the following conditions for the exclusion to be valid: (1) Testing:
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TABLE 2ÐWASTES EXCLUDED FROM SPECIFIC SOURCES
Facility Address Waste description
(A) Initial testing: During the first four weeks of operation of the full-scale treatment system, Roanoke must collect representative grab samples of each treated batch of the CSEAFD and composite the grab samples daily. The daily composites, prior to disposal, must be analyzed for the EP leachate concentrations of all the EP toxic metals, nickel and cyanide (using distilled water in the cyanide extractions), and the total constituent concentrations of reactive sulfide and reactive cyanide. Analyses must be performed according to SW±846 methodologies. Roanoke must report the analytical test data obtained during this initial pe- riod no later than 90 days after the treatment of the first full-scale batch. (B) Subsequent testing: Roanoke must collect representative grab samples from every treat- ed batch of CSEAFD generated daily and composite all of the grab samples to produce a weekly composite sample. Roanoke then must analyze each weekly composite sample for all of the EP toxic metals and nickel. Analyses must be performed according to SW±846 methodologies. The analytical data, including all quality control information, must be com- piled and maintained on site for a minimum of three years. These data must be furnished upon request and made available for inspection by any employee or representative of EPA or the State of Virginia. (2) Delisting levels: If the EP extract concentrations for chromium, lead, arsenic, or silver ex- ceed 0.315 mg/l; for barium exceeds 6.3 mg/l; for cadmium or selenium exceed 0.063 mg/l; for mercury exceeds 0.0126 mg/l; for nickel exceeds 3.15 mg/l; or for cyanide exceeds 1.26 mg/l, or total reactive cyanide or total reactive sulfide levels exceed 250 mg/kg and 500 mg/kg, respectively, the waste must either be re-treated or managed and disposed in accordance with Subtitle C of RCRA. (3) Data submittals: Within one week of system start-up, Roanoke must notify the Section Chief, Variances Section (see address below) when their full-scale stabilization system in on-line and waste treatment has begun. All data obtained through the initial testing condi- tion (1)(A), must be submitted to the Section Chief, Variances Section, PSPD/OSW, (OS± 343), U.S. EPA, 401 M Street, SW., Washington, DC 20460 within the time period speci- fied in condition (1)(A). Failure to submit the required data or keep the required records will be considered by the Agency, at its discretion, sufficient basis to revoke Roanoke's exclu- sion. All data must be accompanied by the following certification statement: ‘‘Under civil and criminal penalty of law for the making or submission of false or fraudulent statements or representations (pursuant to the applicable provisions of the Federal Code which in- clude, but may not be limited to, 18 USC 6928), I certify that the information contained in or accompanying this document is true, accurate and complete. As to the (those) identified section(s) of this document for which I cannot personally verify its (their) truth and accu- racy, I certify as the company official having supervisory responsibility for the persons who, acting under my direct instructions, made the verification that this information is true, accu- rate and complete. In the event that any of this information is determined by EPA in its sole discretion to be false, inaccurate or incomplete, and upon conveyance of this fact to the company, I recognize and agree that this exclusion of wastes will be void as if it never had effect or to the extent directed by EPA and that the company will be liable for any actions taken in contravention of the company's RCRA and CERCLA obligations premised upon the company's reliance on the void exclusion.’’ Texas Eastman Longview, Incinerator ash (at a maximum generation of 7,000 cubic yards per calendar year) generated Texas. from the incineration of sludge from the wastewater treatment plant (EPA Hazardous Waste No. K009 and K010, and that is disposed of in Subtitle D landfills after September 25, 1996. Texas Eastman must implement a testing program that meets conditions found in Table 1. Wastes Excluded From Non-Specific Sources for the petition to be valid. USX Steel Cor- Chicago, Fully-cured chemically stabilized electric arc furnace dust/sludge (CSEAFD) treatment residue poration, Illinois. (EPA Hazardous Waste No. K061) generated from the primary production of steel after USS April 29, 1991. This exclusion (for 35,000 tons of CSEAFD per year) is conditioned upon Division, the data obtained from USX's full-scale CSEAFD treatment facility. To ensure that haz- Southworks ardous constituents are not present in the waste at levels of regulatory concern once the Plant, Gary full-scale treatment facility is in operation, USX must implement a testing program for the Works. petitioned waste. This testing program must meet the following conditions for the exclusion to be valid: (1) Testing: Sample collection and analyses (including quality control (QC) procedures) must be performed according to SW±846 methodologies. (A) Initial Testing: During the first four weeks of operation of the full-scale treatment system, USX must collect representative grab samples of each treated batch of the CSEAFD and composite the grab samples daily. The daily composites, prior to disposal, must be ana- lyzed for the EP leachate concentrations of all the EP toxic metals, nickel, and cyanide (using distilled water in the cyanide extractions), and the total concentrations of reactive sulfide and reactive cyanide. USX must report the analytical test data, including quality control information, obtained during this initial period no later than 90 days after the treat- ment of the first full-scale batch.
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TABLE 2ÐWASTES EXCLUDED FROM SPECIFIC SOURCES
Facility Address Waste description
(B) Subsequent Testing: USX must collect representative grab samples from every treated batch of CSEAFD generated daily and composite all of the grab samples to produce a weekly composite sample. USX then must analyze each weekly composite sample for all of the EP toxic metals, and nickel. The analytical data, including quality control information, must be compiled and maintained on site for a minimum of three years. These data must be furnished upon request and made available for inspection by any employee or rep- resentative of EPA or the State of Illinois. (2) Delisting levels: If the EP extract concentrations for chromium, lead, arsenic, or silver ex- ceed 0.315 mg/l; for barium exceeds 6.3 mg/l; for cadmium or selenium exceed 0.063 mg/l; for mercury exceeds 0.0126 mg/l; for nickel exceeds 3.15 mg/l; or for cyanide exceeds 4.42 mg/l, total reactive cyanide or total reactive sulfide levels exceed 250 mg/kg and 500 mg/kg, respectively, the waste must either be re-treated until it meets these levels or man- aged and disposed of in accordance with Subtitle C of RCRA. (3) Data submittals: Within one week of system start-up USX must notify the Section Chief, Delisting Section (see address below) when their full-scale stabilization system is on-line and waste treatment has begun. The data obtained through condition (1)(A) must be sub- mitted to the Section Chief, Delisting Section, CAD/OSW (OS±333), U.S. EPA, 401 M Street, S.W., Washington, DC 20460 within the time period specified. At the Section Chief's request, USX must submit any other analytical data obtained through conditions (1)(A) or (1)(B) within the time period specified by the Section Chief. Failure to submit the required data obtained from conditions (1)(A) or (1)(B) within the specified time period or maintain the required records for the specified time will be considered by the Agency, at its discre- tion, sufficient basis to revoke USX's exclusion to the extent directed by EPA. All data must be accompanied by the following certification statement: ‘‘Under civil and criminal penalty of law for the making or submission of false or fraudulent statements or representations (pur- suant to the applicable provisions of the Federal Code which include, but may not be lim- ited to, 18 U.S.C. § 6928), I certify that the information contained in or accompanying this document is true, accurate and complete. As to the (those) identified section(s) of this doc- ument for which I cannot personally verify its (their) truth and accuracy, I certify as the company official having supervisory responsibility for the persons who, acting under my di- rect instructions, made the verification that this information is true, accurate and complete. In the event that any of this information is determined by EPA in its sole discretion to be false, inaccurate or incomplete, and upon conveyance of this fact to the company, I recog- nize and agree that this exclusion of wastes will be void as if it never had effect or to the extent directed by EPA and that the company will be liable for any actions taken in con- travention of the company's RCRA and CERCLA obligations premised upon the company's reliance on the void exclusion.’’ Vulcan Port Edwards, Brine purification muds (EPA Hazardous Waste No. K071) generated from the mercury cell Materials WI. process in chlorine production, where separately prepurified brine is not used after Novem- Company. ber 17, 1986. To assure that mercury levels in this waste are maintained at acceptable lev- els, the following conditions apply to this exclusion: Each batch of treated brine clarifier muds and saturator insolubles must be tested (by the extraction procedure) prior to dis- posal and the leachate concentration of mercury must be less than or equal to 0.0129 ppm. If the waste does not meet this requirement, then it must be re-treated or disposed of as hazardous. This exclusion does not apply to wastes for which either of these conditions is not satisfied.
TABLE 3ÐWASTES EXCLUDED FROM COMMERCIAL CHEMICAL PRODUCTS, OFF-SPECIFICATION SPECIES, CONTAINER RESIDUES, AND SOIL RESIDUES THEREOF
Facility Address Waste description
Rhodia ...... Houston, Filter-cake Sludge, (at a maximum generation of 1,200 cubic yards per calendar year) gen- Texas. erated by Rhodia using the SARU and AWT treatment process to treat the filter-cake sludge (EPA Hazardous Waste Nos. P001±P024, P026-P031, P033±P034, P036±P051, P054, P056-P060, P062±P078, P081±P082, P084±P085, P087±P089, P092±P116, P118± P123, P127-P128, P185, P188±P192, P194, P196±P199, P201±P205, U001±U012, U014± U039, U041-U053, U055±U064, U066±U099, U101±U103, U105±U138, U140±U174, U176±U194, U196-U197, U200±U211, U213±U223, U225±U228, U234±U240, U243±U244, U246±U249, U271, U277±U280, U328, U353, U359, U364±U367, U372±U373, U375± U379, U381±U396, U400-U404, U407, U409±U411) generated at Rhodia. Rhodia must im- plement the testing program described in Table 1. Waste Excluded From Non-Specific Sources for the petition to be valid. Texas Eastman Longview, Incinerator ash (at a maximum generation of 7,000 cubic yards per calendar year) generated Texas. from the incineration of sludge from the wastewater treatment plant (EPA Hazardous Waste No. U001, U002, U003, U019, U028, U031, U037, U044, U056, U069, U070, U107, U108, U112, U113, U115, U117, U122, U140, U147, U151, U154, U159, U161, U169, U190, U196, U211, U213, U226, U239, and U359, and that is disposed of in Subtitle D landfills after September 25, 1996. Texas Eastman must implement the testing program de- scribed in Table 1. Wastes Excluded From Non-Specific Sources for the petition to be valid.
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TABLE 3ÐWASTES EXCLUDED FROM COMMERCIAL CHEMICAL PRODUCTS, OFF-SPECIFICATION SPECIES, CONTAINER RESIDUES, AND SOIL RESIDUES THEREOF
Facility Address Waste description
Union Carbide Taft, LA ...... Contaminated soil (approximately 11,000 cubic yards), which contains acrolein in concentra- Corp. tions of less than 9 ppm.
[49 FR 37070, Sept. 21, 1984]
EDITORIAL NOTE: For FEDERAL REGISTER citations affecting appendix IX of part 261, see the List of CFR Sections Affected in the Finding Aids section of this volume.
PART 262—STANDARDS APPLICA- Subpart G—Farmers BLE TO GENERATORS OF HAZ- 262.70 Farmers. ARDOUS WASTE Subpart H—Transfrontier shipments of haz- Subpart A—General ardous waste for recovery within the OECD Sec. 262.10 Purpose, scope, and applicability. 262.80 Applicability. 262.11 Hazardous waste determination. 262.81 Definitions. 262.12 EPA identification numbers. 262.82 General conditions. 262.83 Notification and consent. Subpart B—The Manifest 262.84 Tracking document. 262.85 Contracts. 262.20 General requirements. 262.86 Provisions relating to recognized 262.21 Acquisition of manifests. traders. 262.22 Number of copies. 262.87 Reporting and recordkeeping. 262.23 Use of the manifest. 262.88 Pre-approval for U.S. Recovery Fa- cilities (Reserved). Subpart C—Pre-Transport Requirements 262.89 OECD Waste Lists.
262.30 Packaging. Subpart I—New York State Public Utilities 262.31 Labeling. 262.32 Marking. 262.90 Project XL for Public Utilities in 262.33 Placarding. New York State. 262.34 Accumulation time. Subpart J—University Laboratories XL Subpart D—Recordkeeping and Reporting Project—Laboratory Environmental 262.40 Recordkeeping. Management Standard 262.41 Biennial report. 262.100 To what organizations does this sub- 262.42 Exception reporting. part apply? 262.43 Additional reporting. 262.101 What is in this subpart? 262.44 Special requirements for generators 262.102 What special definitions are included of between 100 and 1000 kg/mo. in this subpart? 262.103 What is the scope of the laboratory Subpart E—Exports of Hazardous Waste environmental management standard? 262.104 What are the minimum performance 262.50 Applicability. criteria? 262.51 Definitions. 262.105 What must be included in the labora- 262.52 General requirements. tory environmental management plan? 262.53 Notification of intent to export. 262.106 When must a hazardous waste deter- 262.54 Special manifest requirements. mination be made? 262.55 Exception reports. 262.107 Under what circumstances will a 262.56 Annual reports. university’s participation in this envi- 262.57 Recordkeeping. ronmental management standard pilot be 262.58 International agreements. terminated? Subpart F—Imports of Hazardous Waste 262.108 When will this subpart expire? APPENDIX TO PART 262—UNIFORM HAZARDOUS 262.60 Imports of hazardous waste. WASTE MANIFEST AND INSTRUCTIONS (EPA
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FORMS 8700–22 AND 8700–22A AND THEIR IN- (f) A farmer who generates waste pes- STRUCTIONS) ticides which are hazardous waste and AUTHORITY: 42 U.S.C 6906, 6912, 6922-6925, who complies with all of the require- 6937, and 6938. ments of § 262.70 is not required to com- ply with other standards in this part or SOURCE: 45 FR 33142, May 19, 1980, unless 40 CFR parts 270, 264, 265, or 268 with re- otherwise noted. spect to such pesticides. (g) A person who generates a haz- Subpart A—General ardous waste as defined by 40 CFR part 261 is subject to the compliance re- § 262.10 Purpose, scope, and applica- quirements and penalties prescribed in bility. section 3008 of the Act if he does not (a) These regulations establish stand- comply with the requirements of this ards for generators of hazardous waste. part. (h) An owner or operator who initi- (b) 40 CFR 261.5(c) and (d) must be ates a shipment of hazardous waste used to determine the applicability of from a treatment, storage, or disposal provisions of this part that are depend- facility must comply with the gener- ent on calculations of the quantity of ator standards established in this part. hazardous waste generated per month. (i) Persons responding to an explo- (c) A generator who treats, stores, or sives or munitions emergency in ac- disposes of hazardous waste on-site cordance with 40 CFR 264.1(g)(8)(i)(D) must only comply with the following or (iv) or 265.1(c)(11)(i)(D) or (iv), and sections of this part with respect to 270.1(c)(3)(i)(D) or (iii) are not required that waste: Section 262.11 for deter- to comply with the standards of this mining whether or not he has a haz- part. ardous waste, § 262.12 for obtaining an (j) (1) Universities that are partici- EPA identification number, § 262.34 for pating in the Laboratory XL project accumulation of hazardous waste, are the University of Massachusetts § 262.40 (c) and (d) for recordkeeping, Boston in Boston, Massachusetts, Bos- § 262.43 for additional reporting, and if ton College in Chestnut Hill, Massa- applicable, § 262.70 for farmers. chusetts, and the University of (d) Any person who exports or im- Vermont in Burlington, Vermont ports hazardous waste subject to the (‘‘Universities’’). The Universities gen- Federal manifesting requirements of erate laboratory wastes (as defined in part 262, or subject to the universal § 262.102), some of which will be haz- waste management standards of 40 CFR ardous wastes. As long as the Univer- Part 273, or subject to State require- sities comply with all the requirements ments analogous to 40 CFR Part 273, to of subpart J of this part the Univer- or from the countries listed in sities’ laboratories that are partici- § 262.58(a)(1) for recovery must comply pating in the University Laboratories with subpart H of this part. XL Project as identified in Table 1 of (e) Any person who imports haz- this section, are not subject to the pro- ardous waste into the United States visions of §§ 262.11, 262.34(c), 40 CFR must comply with the standards appli- Parts 264 and 265, and the permit re- cable to generators established in this quirements of 40 CFR Part 270 with re- part. spect to said laboratory wastes.
TABLE 1.ÐLABORATORY XL PROJECT PARTICIPANT INFORMATION
Approx. Institution number Departments participating Location of current hazardous waste ac- of labs cumulation areas
Boston College, Chestnut Hill, 120 Chemistry, Biology, Geology, Physics, Merkert Chemistry Building, 2609 Bea- MA. Psychology. con St., Boston, MA, Higgins Build- ing, 140 Commonwealth Ave., Chest- nut Hill, MA. University of Massachusetts 150 Chemistry, Biology, Psychology, Anthro- Science Building (Bldg. #080); McCor- Boston, Boston, MA. pology, Geology and Earth Sciences, mack Building (Bldg. #020); and and Environmental, Coastal and Wheatley Building (Bldg. #010), 100 Ocean Sciences. Morrissey Blvd., Boston, MA.
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TABLE 1.ÐLABORATORY XL PROJECT PARTICIPANT INFORMATIONÐContinued
Approx. Institution number Departments participating Location of current hazardous waste ac- of labs cumulation areas
University of Vermont, Bur- 400 Colleges of: Agriculture and Life Given Bunker, 89 Beaumont Ave., Bur- lington, VT. Sciences, Arts and Sciences, Medi- lington, VT. cine, and Engineering and Mathe- matics; and Schools of: Nursing, Al- lied Heath Sciences, and Natural Re- sources.
(2) Each University shall have the the generator must then determine right to change its respective depart- whether the waste is identified in sub- ments or the on-site location of its haz- part C of 40 CFR part 261 by either: ardous waste accumulation areas listed (1) Testing the waste according to in Table 1 of this section upon written the methods set forth in subpart C of 40 notice to the Regional Administrator CFR part 261, or according to an equiv- for EPA-Region I and the appropriate alent method approved by the Adminis- state agency. Such written notice will trator under 40 CFR 260.21; or be provided at least ten days prior to (2) Applying knowledge of the hazard the effective date of any such changes. characteristic of the waste in light of NOTE 1: The provisions of § 262.34 are appli- the materials or the processes used. cable to the on-site accumulation of haz- (d) If the waste is determined to be ardous waste by generators. Therefore, the hazardous, the generator must refer to provisions of § 262.34 only apply to owners or parts 261, 264, 265, 266, 268, and 273 of operators who are shipping hazardous waste this chapter for possible exclusions or which they generated at that facility. restrictions pertaining to management NOTE 2: A generator who treats, stores, or of the specific waste. disposes of hazardous waste on-site must comply with the applicable standards and [45 FR 33142, May 19, 1980, as amended at 45 permit requirements set forth in 40 CFR FR 76624, Nov. 19, 1980; 51 FR 40637, Nov. 7, parts 264, 265, 266, 268, and 270. 1986; 55 FR 22684, June 1, 1990; 56 FR 3877, Jan. 31, 1991; 60 FR 25541, May 11, 1995] [45 FR 33142, May 19, 1980, as amended at 45 FR 86970, Dec. 31, 1980; 47 FR 1251, Jan. 11, 1982; 48 FR 14294, Apr. 1, 1983; 53 FR 27164, § 262.12 EPA identification numbers. July 19, 1988; 56 FR 3877, Jan. 31, 1991; 60 FR (a) A generator must not treat, store, 25541, May 11, 1995; 61 FR 16309, Apr. 12, 1996; dispose of, transport, or offer for trans- 62 FR 6651, Feb. 12, 1997; 64 FR 52392, Sept. 28, portation, hazardous waste without 1999] having received an EPA identification number from the Administrator. § 262.11 Hazardous waste determina- tion. (b) A generator who has not received an EPA identification number may ob- A person who generates a solid waste, tain one by applying to the Adminis- as defined in 40 CFR 261.2, must deter- trator using EPA form 8700–12. Upon re- mine if that waste is a hazardous waste ceiving the request the Administrator using the following method: will assign an EPA identification num- (a) He should first determine if the ber to the generator. waste is excluded from regulation (c) A generator must not offer his under 40 CFR 261.4. hazardous waste to transporters or to (b) He must then determine if the treatment, storage, or disposal facili- waste is listed as a hazardous waste in ties that have not received an EPA subpart D of 40 CFR part 261. identification number. NOTE: Even if the waste is listed, the gen- erator still has an opportunity under 40 CFR 260.22 to demonstrate to the Administrator Subpart B—The Manifest that the waste from his particular facility or operation is not a hazardous waste. § 262.20 General requirements. (c) For purposes of compliance with (a) A generator who transports, or of- 40 CFR part 268, or if the waste is not fers for transportation, hazardous listed in subpart D of 40 CFR part 261, waste for offsite treatment, storage, or
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disposal must prepare a Manifest OMB hazardous waste on a public or private control number 2050–0039 on EPA form right-of-way. 8700–22, and, if necessary, EPA form [45 FR 33142, May 19, 1980, as amended at 49 8700–22A, according to the instructions FR 10500, Mar. 20, 1984; 51 FR 10175, Mar. 24, included in the appendix to part 262. 1986; 53 FR 45090, Nov. 8, 1988; 62 FR 6651, Feb. (b) A generator must designate on 12, 1997] the manifest one facility which is per- mitted to handle the waste described § 262.21 Acquisition of manifests. on the manifest. (a) If the State to which the ship- (c) A generator may also designate ment is manifested (consignment on the manifest one alternate facility State) supplies the manifest and re- which is permitted to handle his waste quires its use, then the generator must in the event an emergency prevents de- use that manifest. livery of the waste to the primary des- (b) If the consignment State does not ignated facility. supply the manifest, but the State in (d) If the transporter is unable to de- which the generator is located (gener- ator State) supplies the manifest and liver the hazardous waste to the des- requires its use, then the generator ignated facility or the alternate facil- must use that State’s manifest. ity, the generator must either des- (c) If neither the generator State nor ignate another facility or instruct the the consignment State supplies the transporter to return the waste. manifest, then the generator may ob- (e) The requirements of this subpart tain the manifest from any source. do not apply to hazardous waste pro- duced by generators of greater than 100 [49 FR 10500, Mar. 20, 1984] kg but less than 1000 kg in a calendar month where: § 262.22 Number of copies. (1) The waste is reclaimed under a The manifest consists of at least the contractual agreement pursuant to number of copies which will provide which: the generator, each transporter, and (i) The type of waste and frequency of the owner or operator of the designated shipments are specified in the agree- facility with one copy each for their ment; records and another copy to be re- (ii) The vehicle used to transport the turned to the generator. waste to the recycling facility and to § 262.23 Use of the manifest. deliver regenerated material back to the generator is owned and operated by (a) The generator must: the reclaimer of the waste; and (1) Sign the manifest certification by (2) The generator maintains a copy of hand; and the reclamation agreement in his files (2) Obtain the handwritten signature for a period of at least three years after of the initial transporter and date of termination or expiration of the agree- acceptance on the manifest; and ment. (3) Retain one copy, in accordance with § 262.40(a). (f) The requirements of this subpart (b) The generator must give the and § 262.32(b) do not apply to the trans- transporter the remaining copies of the port of hazardous wastes on a public or manifest. private right-of-way within or along (c) For shipments of hazardous waste the border of contiguous property within the United States solely by under the control of the same person, water (bulk shipments only), the gener- even if such contiguous property is di- ator must send three copies of the vided by a public or private right-of- manifest dated and signed in accord- way. Notwithstanding 40 CFR 263.10(a), ance with this section to the owner or the generator or transporter must com- operator of the designated facility or ply with the requirements for trans- the last water (bulk shipment) trans- porters set forth in 40 CFR 263.30 and porter to handle the waste in the 263.31 in the event of a discharge of United States if exported by water.
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Copies of the manifest are not required with the applicable Department of for each transporter. Transportation regulations on haz- (d) For rail shipments of hazardous ardous materials under 49 CFR part 172; waste within the United States which (b) Before transporting hazardous originate at the site of generation, the waste or offering hazardous waste for generator must send at least three cop- transportation off-site, a generator ies of the manifest dated and signed in must mark each container of 110 gal- accordance with this section to: lons or less used in such transportation (1) The next non-rail transporter, if with the following words and informa- any; or tion displayed in accordance with the (2) The designated facility if trans- requirements of 49 CFR 172.304: ported solely by rail; or HAZARDOUS WASTE—Federal Law (3) The last rail transporter to handle Prohibits Improper Disposal. If found, the waste in the United States if ex- contact the nearest police or public ported by rail. safety authority or the U.S. Environ- (e) For shipments of hazardous waste mental Protection Agency. to a designated facility in an author- ized State which has not yet obtained Generator’s Name and Address —————. authorization to regulate that par- Manifest Document Number ——————. ticular waste as hazardous, the gener- § 262.33 Placarding. ator must assure that the designated facility agrees to sign and return the Before transporting hazardous waste manifest to the generator, and that or offering hazardous waste for trans- any out-of-state transporter signs and portation off-site, a generator must forwards the manifest to the des- placard or offer the initial transporter ignated facility. the appropriate placards according to NOTE: See § 263.20(e) and (f) for special pro- Department of Transportation regula- visions for rail or water (bulk shipment) tions for hazardous materials under 49 transporters. CFR part 172, subpart F. [45 FR 33142, May 19, 1980, as amended at 45 FR 86973, Dec. 31, 1980; 55 FR 2354, Jan. 23, § 262.34 Accumulation time. 1990] (a) Except as provided in paragraphs (d), (e), and (f) of this section, a gener- Subpart C—Pre-Transport ator may accumulate hazardous waste Requirements on-site for 90 days or less without a permit or without having interim sta- § 262.30 Packaging. tus, provided that: Before transporting hazardous waste (1) The waste is placed: or offering hazardous waste for trans- (i) In containers and the generator portation off-site, a generator must complies with the applicable require- package the waste in accordance with ments of subparts I, AA, BB, and CC of the applicable Department of Transpor- 40 CFR part 265; and/or tation regulations on packaging under (ii) In tanks and the generator com- 49 CFR parts 173, 178, and 179. plies with the applicable requirements of subparts J, AA, BB, and CC of 40 § 262.31 Labeling. CFR part 265 except §§ 265.197(c) and Before transporting or offering haz- 265.200; and/or ardous waste for transportation off- (iii) On drip pads and the generator site, a generator must label each pack- complies with subpart W of 40 CFR part age in accordance with the applicable 265 and maintains the following records Department of Transportation regula- at the facility: tions on hazardous materials under 49 (A) A description of procedures that CFR part 172. will be followed to ensure that all wastes are removed from the drip pad § 262.32 Marking. and associated collection system at (a) Before transporting or offering least once every 90 days; and hazardous waste for transportation off- (B) Documentation of each waste re- site, a generator must mark each pack- moval, including the quantity of waste age of hazardous waste in accordance removed from the drip pad and the
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sump or collection system and the date (c)(1) A generator may accumulate as and time of removal; and/or much as 55 gallons of hazardous waste (iv) The waste is placed in contain- or one quart of acutely hazardous ment buildings and the generator com- waste listed in § 261.33(e) in containers plies with subpart DD of 40 CFR part at or near any point of generation 265, has placed its professional engineer where wastes initially accumulate, certification that the building com- which is under the control of the oper- plies with the design standards speci- ator of the process generating the fied in 40 CFR 265.1101 in the facility’s waste, without a permit or interim sta- operating record no later than 60 days tus and without complying with para- after the date of initial operation of graph (a) of this section provided he: the unit. After February 18, 1993, PE (i) Complies with §§ 265.171, 265.172, certification will be required prior to and 265.173(a) of this chapter; and operation of the unit. The owner or op- (ii) Marks his containers either with erator shall maintain the following the words ‘‘Hazardous Waste’’ or with records at the facility: other words that identify the contents (A) A written description of proce- of the containers. dures to ensure that each waste volume remains in the unit for no more than 90 (2) A generator who accumulates ei- days, a written description of the waste ther hazardous waste or acutely haz- generation and management practices ardous waste listed in § 261.33(e) in ex- for the facility showing that they are cess of the amounts listed in paragraph consistent with respecting the 90 day (c)(1) of this section at or near any limit, and documentation that the pro- point of generation must, with respect cedures are complied with; or to that amount of excess waste, comply (B) Documentation that the unit is within three days with paragraph (a) of emptied at least once every 90 days. this section or other applicable provi- In addition, such a generator is exempt sions of this chapter. During the three from all the requirements in subparts day period the generator must con- G and H of 40 CFR part 265, except for tinue to comply with paragraphs §§ 265.111 and 265.114. (c)(1)(i) through (ii) of this section. The (2) The date upon which each period generator must mark the container of accumulation begins is clearly holding the excess accumulation of marked and visible for inspection on hazardous waste with the date the ex- each container; cess amount began accumulating. (d) A generator who generates great- (3) While being accumulated on-site, er than 100 kilograms but less than 1000 each container and tank is labeled or kilograms of hazardous waste in a cal- marked clearly with the words, ‘‘Haz- endar month may accumulate haz- ardous Waste’’; and ardous waste on-site for 180 days or less (4) The generator complies with the without a permit or without having in- requirements for owners or operators terim status provided that: in Subparts C and D in 40 CFR part 265, with § 265.16, and with 40 CFR (1) The quantity of waste accumu- 268.7(a)(5). lated on-site never exceeds 6000 kilo- (b) A generator who accumulates haz- grams; ardous waste for more than 90 days is (2) The generator complies with the an operator of a storage facility and is requirements of subpart I of part 265 of subject to the requirements of 40 CFR this chapter, except for §§ 265.176 and parts 264 and 265 and the permit re- 265.178; quirements of 40 CFR part 270 unless he (3) The generator complies with the has been granted an extension to the requirements of § 265.201 in subpart J of 90-day period. Such extension may be part 265; granted by EPA if hazardous wastes (4) The generator complies with the must remain on-site for longer than 90 requirements of paragraphs (a)(2) and days due to unforeseen, temporary, and (a)(3) of this section, the requirements uncontrollable circumstances. An ex- of subpart C of part 265, the require- tension of up to 30 days may be granted ments of 40 CFR 268.7(a)(5); and at the discretion of the Regional Ad- (5) The generator complies with the ministrator on a case-by-case basis. following requirements:
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(i) At all times there must be at least (e) A generator who generates great- one employee either on the premises or er than 100 kilograms but less than 1000 on call (i.e., available to respond to an kilograms of hazardous waste in a cal- emergency by reaching the facility endar month and who must transport within a short period of time) with the his waste, or offer his waste for trans- responsibility for coordinating all portation, over a distance of 200 miles emergency response measures specified or more for off-site treatment, storage in paragraph (d)(5)(iv) of this section. or disposal may accumulate hazardous This employee is the emergency coor- waste on-site for 270 days or less with- dinator. out a permit or without having interim (ii) The generator must post the fol- status provided that he complies with lowing information next to the tele- the requirements of paragraph (d) of phone: this section. (A) The name and telephone number (f) A generator who generates greater of the emergency coordinator; than 100 kilograms but less than 1000 (B) Location of fire extinguishers and kilograms of hazardous waste in a cal- spill control material, and, if present, endar month and who accumulates haz- fire alarm; and ardous waste in quantities exceeding (C) The telephone number of the fire 6000 kg or accumulates hazardous department, unless the facility has a waste for more than 180 days (or for direct alarm. more than 270 days if he must trans- (iii) The generator must ensure that port his waste, or offer his waste for all employees are thoroughly familiar transportation, over a distance of 200 with proper waste handling and emer- miles or more) is an operator of a stor- gency procedures, relevant to their re- age facility and is subject to the re- sponsibilities during normal facility quirements of 40 CFR parts 264 and 265 operations and emergencies; and the permit requirements of 40 CFR (iv) The emergency coordinator or part 270 unless he has been granted an his designee must respond to any emer- extension to the 180-day (or 270-day if gencies that arise. The applicable re- sponses are as follows: applicable) period. Such extension may be granted by EPA if hazardous wastes (A) In the event of a fire, call the fire department or attempt to extinguish it must remain on-site for longer than 180 using a fire extinguisher; days (or 270 days if applicable) due to (B) In the event of a spill, contain the unforeseen, temporary, and uncontrol- flow of hazardous waste to the extent lable circumstances. An extension of possible, and as soon as is practicable, up to 30 days may be granted at the clean up the hazardous waste and any discretion of the Regional Adminis- contaminated materials or soil; trator on a case-by-case basis. (C) In the event of a fire, explosion, (g) A generator who generates 1,000 or other release which could threaten kilograms or greater of hazardous human health outside the facility or waste per calendar month who also when the generator has knowledge that generates wastewater treatment a spill has reached surface water, the sludges from electroplating operations generator must immediately notify the that meet the listing description for National Response Center (using their the RCRA hazardous waste code F006, 24-hour toll free number 800/424–8802). may accumulate F006 waste on-site for The report must include the following more than 90 days, but not more than information: 180 days without a permit or without (1) The name, address, and U.S. EPA having interim status provided that: Identification Number of the generator; (1) The generator has implemented (2) Date, time, and type of incident pollution prevention practices that re- (e.g., spill or fire); duce the amount of any hazardous sub- (3) Quantity and type of hazardous stances, pollutants or contaminants waste involved in the incident; entering F006 or otherwise released to (4) Extent of injuries, if any; and the environment prior to its recycling; (5) Estimated quantity and disposi- (2) The F006 waste is legitimately re- tion of recovered materials, if any. cycled through metals recovery;
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(3) No more than 20,000 kilograms of the RCRA hazardous waste code F006, F006 waste is accumulated on-site at and who must transport this waste, or any one time; and offer this waste for transportation, (4) The F006 waste is managed in ac- over a distance of 200 miles or more for cordance with the following: off-site metals recovery, may accumu- (i) The F006 waste is placed: late F006 waste on-site for more than 90 (A) In containers and the generator days, but not more than 270 days with- complies with the applicable require- out a permit or without having interim ments of subparts I, AA, BB, and CC of status if the generator complies with 40 CFR part 265; and/or the requirements of paragraphs (g)(1) (B) In tanks and the generator com- through (g)(4) of this section. plies with the applicable requirements (i) A generator accumulating F006 in of subparts J, AA, BB, and CC of 40 accordance with paragraphs (g) and (h) CFR part 265, except §§ 265.197(c) and of this section who accumulates F006 265.200; and/or waste on-site for more than 180 days (C) In containment buildings and the (or for more than 270 days if the gener- generator complies with subpart DD of ator must transport this waste, or offer 40 CFR part 265, and has placed its pro- this waste for transportation, over a fessional engineer certification that distance of 200 miles or more), or who the building complies with the design accumulates more than 20,000 kilo- standards specified in 40 CFR 265.1101 grams of F006 waste on-site is an oper- in the facility’s operating record prior ator of a storage facility and is subject to operation of the unit. The owner or to the requirements of 40 CFR parts 264 operator must maintain the following and 265 and the permit requirements of records at the facility: 40 CFR part 270 unless the generator (1) A written description of proce- has been granted an extension to the dures to ensure that the F006 waste re- 180-day (or 270-day if applicable) period mains in the unit for no more than 180 or an exception to the 20,000 kilogram days, a written description of the waste accumulation limit. Such extensions generation and management practices and exceptions may be granted by EPA for the facility showing that they are if F006 waste must remain on-site for consistent with the 180-day limit, and longer than 180 days (or 270 days if ap- documentation that the generator is plicable) or if more than 20,000 kilo- complying with the procedures; or grams of F006 waste must remain on- (2) Documentation that the unit is site due to unforeseen, temporary, and emptied at least once every 180 days. uncontrollable circumstances. An ex- (ii) In addition, such a generator is tension of up to 30 days or an exception exempt from all the requirements in to the accumulation limit may be subparts G and H of 40 CFR part 265, granted at the discretion of the Re- except for §§ 265.111 and 265.114. gional Administrator on a case-by-case (iii) The date upon which each period basis. of accumulation begins is clearly [47 FR 1251, Jan. 11, 1982, as amended at 48 marked and visible for inspection on FR 14294, Apr. 1, 1983; 49 FR 49571, Dec. 20, each container; 1984; 51 FR 10175, Mar. 24, 1986; 51 FR 25472, (iv) While being accumulated on-site, July 14, 1986; 55 FR 22684, June 1, 1990; 55 FR each container and tank is labeled or 50483, Dec. 6, 1990; 56 FR 3877, Jan. 31, 1991; 56 marked clearly with the words, ‘‘Haz- FR 30195, July 1, 1991; 57 FR 37264, Aug. 18, ardous Waste;’’ and 1992; 59 FR 62926, Dec. 6, 1994; 61 FR 4911, Feb. (v) The generator complies with the 9, 1996; 61 FR 59950, Nov. 25, 1996; 64 FR 3388, requirements for owners or operators Jan. 21, 1999; 64 FR 25414, May 11, 1999; 64 FR 56471, Oct. 20, 1999; 65 FR 12397, Mar. 8, 2000] in subparts C and D in 40 CFR part 265, with 40 CFR 265.16, and with 40 CFR 268.7(a)(5). Subpart D—Recordkeeping and (h) A generator who generates 1,000 Reporting kilograms or greater of hazardous waste per calendar month who also § 262.40 Recordkeeping. generates wastewater treatment (a) A generator must keep a copy of sludges from electroplating operations each manifest signed in accordance that meet the listing description for with § 262.23(a) for three years or until
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he receives a signed copy from the des- treatment, storage or disposal facility ignated facility which received the within the United States. This infor- waste. This signed copy must be re- mation must be listed by EPA identi- tained as a record for at least three fication number of each such off-site years from the date the waste was ac- facility to which waste was shipped. cepted by the initial transporter. (6) A description of the efforts under- (b) A generator must keep a copy of taken during the year to reduce the each Biennial Report and Exception volume and toxicity of waste gen- Report for a period of at least three erated. years from the due date of the report. (7) A description of the changes in (c) A generator must keep records of volume and toxicity of waste actually any test results, waste analyses, or achieved during the year in comparison other determinations made in accord- to previous years to the extent such in- ance with § 262.11 for at least three formation is available for years prior years from the date that the waste was last sent to on-site or off-site treat- to 1984. ment, storage, or disposal. (8) The certification signed by the (d) The periods or retention referred generator or authorized representative. to in this section are extended auto- (b) Any generator who treats, stores, matically during the course of any un- or disposes of hazardous waste on-site resolved enforcement action regarding must submit a biennial report covering the regulated activity or as requested those wastes in accordance with the by the Administrator. provisions of 40 CFR parts 270, 264, 265, and 266. Reporting for exports of haz- [45 FR 33142, May 19, 1980, as amended at 48 FR 3981, Jan. 28, 1983] ardous waste is not required on the Bi- ennial Report form. A separate annual report requirement is set forth at 40 § 262.41 Biennial report. CFR 262.56. (a) A generator who ships any haz- ardous waste off-site to a treatment, [48 FR 3981, Jan. 28, 1983, as amended at 48 storage or disposal facility within the FR 14294, Apr. 1, 1983; 50 FR 28746, July 15, 1985; 51 FR 28682, Aug. 8, 1986] United States must prepare and submit a single copy of a Biennial Report to the Regional Administrator by March 1 § 262.42 Exception reporting. of each even numbered year. The Bien- (a)(1) A generator of greater than 1000 nial Report must be submitted on EPA kilograms of hazardous waste in a cal- Form 8700–13A, must cover generator endar month who does not receive a activities during the previous year, and copy of the manifest with the hand- must include the following informa- written signature of the owner or oper- tion: ator of the designated facility within 35 (1) The EPA identification number, days of the date the waste was accept- name, and address of the generator; ed by the initial transporter must con- (2) The calendar year covered by the tact the transporter and/or the owner report; or operator of the designated facility (3) The EPA identification number, to determine the status of the haz- name, and address for each off-site treatment, storage, or disposal facility ardous waste. in the United States to which waste (2) A generator of greater than 1000 was shipped during the year; kilograms of hazardous waste in a cal- (4) The name and EPA identification endar month must submit an Excep- number of each transporter used during tion Report to the EPA Regional Ad- the reporting year for shipments to a ministrator for the Region in which treatment, storage or disposal facility the generator is located if he has not within the United States; received a copy of the manifest with (5) A description, EPA hazardous the handwritten signature of the owner waste number (from 40 CFR part 261, or operator of the designated facility subpart C or D), DOT hazard class, and within 45 days of the date the waste quantity of each hazardous waste was accepted by the initial transporter. shipped off-site for shipments to a The Exception Report must include:
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(i) A legible copy of the manifest for Subpart E—Exports of Hazardous which the generator does not have con- Waste firmation of delivery; (ii) A cover letter signed by the gen- SOURCE: 51 FR 28682, Aug. 8, 1986, unless erator or his authorized representative otherwise noted. explaining the efforts taken to locate the hazardous waste and the results of § 262.50 Applicability. those efforts. This subpart establishes require- (b) A generator of greater than 100 ments applicable to exports of haz- kilograms but less than 1000 kilograms ardous waste. Except to the extent of hazardous waste in a calendar month § 262.58 provides otherwise, a primary who does not receive a copy of the exporter of hazardous waste must com- manifest with the handwritten signa- ply with the special requirements of ture of the owner or operator of the this subpart and a transporter trans- designated facility within 60 days of porting hazardous waste for export the date the waste was accepted by the must comply with applicable require- initial transporter must submit a leg- ments of part 263. Section 262.58 sets ible copy of the manifest, with some forth the requirements of international indication that the generator has not agreements between the United States received confirmation of delivery, to and receiving countries which establish the EPA Regional Administrator for different notice, export, and enforce- the Region in which the generator is ment procedures for the transpor- located. tation, treatment, storage and disposal NOTE: The submission to EPA need only be of hazardous waste for shipments be- a handwritten or typed note on the manifest tween the United States and those itself, or on an attached sheet of paper, stat- countries. ing that the return copy was not received. § 262.51 Definitions. [52 FR 35898, Sept. 23, 1987] In addition to the definitions set forth at 40 CFR 260.10, the following § 262.43 Additional reporting. definitions apply to this subpart: The Administrator, as he deems nec- Consignee means the ultimate treat- essary under sections 2002(a) and 3002(6) ment, storage or disposal facility in a of the Act, may require generators to receiving country to which the haz- furnish additional reports concerning ardous waste will be sent. the quantities and disposition of EPA Acknowledgement of Consent wastes identified or listed in 40 CFR means the cable sent to EPA from the part 261. U.S. Embassy in a receiving country that acknowledges the written consent § 262.44 Special requirements for gen- of the receiving country to accept the erators of between 100 and 1000 kg/ hazardous waste and describes the mo. terms and conditions of the receiving A generator of greater than 100 kilo- country’s consent to the shipment. grams but less than 1000 kilograms of Primary Exporter means any person hazardous waste in a calendar month is who is required to originate the mani- subject only to the following require- fest for a shipment of hazardous waste ments in this subpart: in accordance with 40 CFR part 262, (a) Section 262.40(a), (c), and (d), rec- subpart B, or equivalent State provi- ordkeeping; sion, which specifies a treatment, stor- (b) Section 262.42(b), exception re- age, or disposal facility in a receiving porting; and country as the facility to which the hazardous waste will be sent and any (c) Section 262.43, additional report- intermediary arranging for the export. ing. Receiving country means a foreign [52 FR 35899, Sept. 23, 1987] country to which a hazardous waste is
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sent for the purpose of treatment, stor- NA) for each hazardous waste as identi- age or disposal (except short-term stor- fied in 49 CFR parts 171 through 177; age incidental to transportation). (ii) The estimated frequency or rate Transit country means any foreign at which such waste is to be exported country, other than a receiving coun- and the period of time over which such try, through which a hazardous waste waste is to be exported. is transported. (iii) The estimated total quantity of the hazardous waste in units as speci- [53 FR 27164, July 19, 1988] fied in the instructions to the Uniform Hazardous Waste Manifest Form (8700– § 262.52 General requirements. 22); Exports of hazardous waste are pro- (iv) All points of entry to and depar- hibited except in compliance with the ture from each foreign country through applicable requirements of this subpart which the hazardous waste will pass; and part 263. Exports of hazardous (v) A description of the means by waste are prohibited unless: which each shipment of the hazardous (a) Notification in accordance with waste will be transported (e.g., mode of § 262.53 has been provided; transportation vehicle (air, highway, rail, water, etc.), type(s) of container (b) The receiving country has con- (drums, boxes, tanks, etc.)); sented to accept the hazardous waste; (vi) A description of the manner in (c) A copy of the EPA Acknowledg- which the hazardous waste will be ment of Consent to the shipment ac- treated, stored or disposed of in the re- companies the hazardous waste ship- ceiving country (e.g., land or ocean in- ment and, unless exported by rail, is cineration, other land disposal, ocean attached to the manifest (or shipping dumping, recycling); paper for exports by water (bulk ship- (vii) The name and site address of the ment)). consignee and any alternate consignee; (d) The hazardous waste shipment and conforms to the terms of the receiving (viii) The name of any transit coun- country’s written consent as reflected tries through which the hazardous in the EPA Acknowledgment of Con- waste will be sent and a description of sent. the approximate length of time the hazardous waste will remain in such § 262.53 Notification of intent to ex- port. country and the nature of its handling while there; (a) A primary exporter of hazardous (b) Notifications submitted by mail waste must notify EPA of an intended should be sent to the following mailing export before such waste is scheduled address: Office of Enforcement and to leave the United States. A complete Compliance Assurance, Office of Com- notification should be submitted sixty pliance, Enforcement Planning, Tar- (60) days before the initial shipment is geting, and Data Division (2222A), En- intended to be shipped off site. This no- vironmental Protection Agency, 401 M tification may cover export activities St., SW., Washington, DC 20460. Hand- extending over a twelve (12) month or delivered notifications should be sent lesser period. The notification must be to: Office of Enforcement and Compli- in writing, signed by the primary ex- ance Assurance, Office of Compliance, porter, and include the following infor- Enforcement Planning, Targeting, and mation: Data Division (2222A), Environmental (1) Name, mailing address, telephone Protection Agency, Ariel Rios Bldg., number and EPA ID number of the pri- 12th St. and Pennsylvania Ave., NW., mary exporter; Washington, DC. In both cases, the fol- (2) By consignee, for each hazardous lowing shall be prominently displayed waste type: on the front of the envelope: ‘‘Atten- (i) A description of the hazardous tion: Notification of Intent to Export.’’ waste and the EPA hazardous waste (c) Except for changes to the tele- number (from 40 CFR part 261, subparts phone number in paragraph (a)(1) of C and D), U.S. DOT proper shipping this section, changes to paragraph name, hazard class and ID number (UN/ (a)(2)(v) of this section and decreases in
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the quantity indicated pursuant to § 262.54 Special manifest require- paragraph (a)(2)(iii) of this section ments. when the conditions specified on the A primary exporter must comply original notification change (including with the manifest requirements of 40 any exceedance of the estimate of the CFR 262.20 through 262.23 except that: quantity of hazardous waste specified (a) In lieu of the name, site address in the original notification), the pri- and EPA ID number of the designated mary exporter must provide EPA with permitted facility, the primary ex- a written renotification of the change. porter must enter the name and site The shipment cannot take place until address of the consignee; consent of the receiving country to the (b) In lieu of the name, site address changes (except for changes to para- and EPA ID number of a permitted al- graph (a)(2)(viii) of this section and in ternate facility, the primary exporter the ports of entry to and departure may enter the name and site address of any alternate consignee. from transit countries pursuant to (c) In Special Handling Instructions paragraph (a)(2)(iv) of this section) has and Additional Information, the pri- been obtained and the primary ex- mary exporter must identify the point porter receives an EPA Acknowledg- of departure from the United States; ment of Consent reflecting the receiv- (d) The following statement must be ing country’s consent to the changes. added to the end of the first sentence of (d) Upon request by EPA, a primary the certification set forth in Item 16 of exporter shall furnish to EPA any addi- the Uniform Hazardous Waste Manifest tional information which a receiving Form: ‘‘and conforms to the terms of country requests in order to respond to the attached EPA Acknowledgment of a notification. Consent’’; (e) In conjunction with the Depart- (e) In lieu of the requirements of ment of State, EPA will provide a com- § 262.21, the primary exporter must ob- plete notification to the receiving tain the manifest form from the pri- country and any transit countries. A mary exporter’s State if that State notification is complete when EPA re- supplies the manifest form and requires its use. If the primary exporter’s State ceives a notification which EPA deter- does not supply the manifest form, the mines satisfies the requirements of primary exporter may obtain a mani- paragraph (a) of this section. Where a fest form from any source. claim of confidentiality is asserted (f) The primary exporter must re- with respect to any notification infor- quire the consignee to confirm in writ- mation required by paragraph (a) of ing the delivery of the hazardous waste this section, EPA may find the notifi- to that facility and to describe any sig- cation not complete until any such nificant discrepancies (as defined in 40 claim is resolved in accordance with 40 CFR 264.72(a)) between the manifest CFR 260.2. and the shipment. A copy of the mani- (f) Where the receiving country con- fest signed by such facility may be sents to the receipt of the hazardous used to confirm delivery of the haz- waste, EPA will forward an EPA Ac- ardous waste. knowledgment of Consent to the pri- (g) In lieu of the requirements of mary exporter for purposes of § 262.20(d), where a shipment cannot be § 262.54(h). Where the receiving country delivered for any reason to the des- objects to receipt of the hazardous ignated or alternate consignee, the pri- waste or withdraws a prior consent, mary exporter must: EPA will notify the primary exporter (1) Renotify EPA of a change in the conditions of the original notification in writing. EPA will also notify the to allow shipment to a new consignee primary exporter of any responses from in accordance with § 262.53(c) and ob- transit countries. tain an EPA Acknowledgment of Con- [51 FR 28682, Aug. 8, 1986, as amended at 56 sent prior to delivery; or FR 43705, Sept. 4, 1991; 61 FR 16309, Apr. 12, (2) Instruct the transporter to return 1996] the waste to the primary exporter in
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the United States or designate another (1) The EPA identification number, facility within the United States; and name, and mailing and site address of (3) Instruct the transporter to revise the exporter; the manifest in accordance with the (2) The calendar year covered by the primary exporter’s instructions. report; (h) The primary exporter must at- (3) The name and site address of each tach a copy of the EPA Acknowledg- consignee; ment of Consent to the shipment to the (4) By consignee, for each hazardous manifest which must accompany the waste exported, a description of the hazardous waste shipment. For exports hazardous waste, the EPA hazardous by rail or water (bulk shipment), the waste number (from 40 CFR part 261, primary exporter must provide the subpart C or D), DOT hazard class, the transporter with an EPA Acknowledg- name and US EPA ID number (where ment of Consent which must accom- applicable) for each transporter used, the total amount of waste shipped and pany the hazardous waste but which number of shipments pursuant to each need not be attached to the manifest notification; except that for exports by water (bulk (5) Except for hazardous waste pro- shipment) the primary exporter must duced by exporters of greater than 100 attach the copy of the EPA Acknowl- kg but less than 1000 kg in a calendar edgment of Consent to the shipping month, unless provided pursuant to paper. § 262.41, in even numbered years: (i) The primary exporter shall pro- (i) A description of the efforts under- vide the transporter with an additional taken during the year to reduce the copy of the manifest for delivery to the volume and toxicity of waste gen- U.S. Customs official at the point the erated; and hazardous waste leaves the United (ii) A description of the changes in States in accordance with § 263.20(g)(4). volume and toxicity of waste actually achieved during the year in comparison § 262.55 Exception reports. to previous years to the extent such in- In lieu of the requirements of § 262.42, formation is available for years prior a primary exporter must file an excep- to 1984. tion report with the Administrator if: (6) A certification signed by the pri- (a) He has not received a copy of the mary exporter which states: manifest signed by the transporter I certify under penalty of law that I stating the date and place of departure have personally examined and am fa- from the United States within forty- miliar with the information submitted five (45) days from the date it was ac- in this and all attached documents, and cepted by the initial transporter; that based on my inquiry of those indi- (b) Within ninety (90) days from the viduals immediately responsible for ob- date the waste was accepted by the ini- taining the information, I believe that tial transporter, the primary exporter the submitted information is true, ac- curate, and complete. I am aware that has not received written confirmation there are significant penalties for sub- from the consignee that the hazardous mitting false information including the waste was received; possibility of fine and imprisonment. (c) The waste is returned to the (b) Annual reports submitted by mail United States. should be sent to the following mailing address: Office of Enforcement and § 262.56 Annual reports. Compliance Assurance, Office of Com- (a) Primary exporters of hazardous pliance, Enforcement Planning, Tar- waste shall file with the Administrator geting, and Data Division (2222A), En- no later than March 1 of each year, a vironmental Protection Agency, 401 M report summarizing the types, quan- St., SW., Washington, DC 20460. Hand- tities, frequency, and ultimate destina- delivered reports should be sent to: Of- tion of all hazardous waste exported fice of Enforcement and Compliance during the previous calendar year. Assurance, Office of Compliance, En- Such reports shall include the fol- forcement Planning, Targeting, and lowing: Data Division (2222A), Environmental
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Protection Agency, Ariel Rios Bldg., (2) For the purposes of this Subpart, 12th St. and Pennsylvania Ave., NW., Canada and Mexico are considered Washington, DC. OECD member countries only for the purpose of transit. [51 FR 28682, Aug. 8, 1986, as amended at 56 FR 43705, Sept. 4, 1991; 61 FR 16309, Apr. 12, (b) Any person who exports hazardous 1996] waste to or imports hazardous waste from: a designated OECD member § 262.57 Recordkeeping. country for purposes other than recov- (a) For all exports a primary exporter ery (e.g., incineration, disposal), Mex- must: ico (for any purpose), or Canada (for (1) Keep a copy of each notification of any purpose) remains subject to the re- intent to export for a period of at least quirements of subparts E and F of this three years from the date the haz- part. ardous waste was accepted by the ini- [61 FR 16310, Apr. 12, 1996] tial transporter; (2) Keep a copy of each EPA Ac- Subpart F—Imports of Hazardous knowledgment of Consent for a period Waste of at least three years from the date the hazardous waste was accepted by § 262.60 Imports of hazardous waste. the initial transporter; (3) Keep a copy of each confirmation (a) Any person who imports haz- of delivery of the hazardous waste from ardous waste from a foreign country the consignee for at least three years into the United States must comply from the date the hazardous waste was with the requirements of this part and accepted by the initial transporter; and the special requirements of this sub- (4) Keep a copy of each annual report part. for a period of at least three years from (b) When importing hazardous waste, the due date of the report. a person must meet all the require- (b) The periods of retention referred ments of § 262.20(a) for the manifest ex- to in this section are extended auto- cept that: matically during the course of any un- (1) In place of the generator’s name, address and EPA identification num- resolved enforcement action regarding ber, the name and address of the for- the regulated activity or as requested eign generator and the importer’s by the Administrator. name, address and EPA identification § 262.58 International agreements. number must be used. (2) In place of the generator’s signa- (a) Any person who exports or im- ture on the certification statement, ports hazardous waste subject to Fed- the U.S. importer or his agent must eral manifest requirements of Part 262, sign and date the certification and ob- or subject to the universal waste man- tain the signature of the initial trans- agement standards of 40 CFR Part 273, porter. or subject to State requirements analo- (c) A person who imports hazardous gous to 40 CFR Part 273, to or from des- waste must obtain the manifest form ignated member countries of the Orga- from the consignment State if the nization for Economic Cooperation and State supplies the manifest and re- Development (OECD) as defined in quires its use. If the consignment State paragraph (a)(1) of this section for pur- does not supply the manifest form, poses of recovery is subject to Subpart then the manifest form may be ob- H of this part. The requirements of tained from any source. Subparts E and F do not apply. (1) For the purposes of this Subpart, [51 FR 28685, Aug. 8, 1986] the designated OECD countries consist of Australia, Austria, Belgium, Den- Subpart G—Farmers mark, Finland, France, Germany, Greece, Iceland, Ireland, Italy, Japan, § 262.70 Farmers. Luxembourg, Netherlands, New Zea- A farmer disposing of waste pes- land, Norway, Portugal, Spain, Swe- ticides from his own use which are haz- den, Switzerland, Turkey, United King- ardous wastes is not required to com- dom, and the United States. ply with the standards in this part or
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other standards in 40 CFR parts 264, countries and any OECD member coun- 265, 268, or 270 for those wastes provided tries of transit. he triple rinses each emptied pesticide (c) Consignee means the person to container in accordance with whom possession or other form of legal § 261.7(b)(3) and disposes of the pesticide control of the waste is assigned at the residues on his own farm in a manner time the waste is received in the im- consisent with the disposal instruc- porting country. tions on the pesticide label. (d) Country of transit means any des- [53 FR 27165, July 19, 1988] ignated OECD country in § 262.58(a)(1) and (a)(2) other than the exporting or importing country across which a Subpart H—Transfrontier Shipments transfrontier movement of wastes is of Hazardous Waste for Re- planned or takes place. covery within the OECD (e) Exporting country means any des- ignated OECD member country in SOURCE: 61 FR 16310, Apr. 12, 1996, unless § 262.58(a)(1) from which a transfrontier otherwise noted. movement of wastes is planned or has commenced. § 262.80 Applicability. (f) Importing country means any des- (a) The requirements of this subpart ignated OECD country in § 262.58(a)(1) apply to imports and exports of wastes to which a transfrontier movement of that are considered hazardous under wastes is planned or takes place for the U.S. national procedures and are des- purpose of submitting the wastes to re- tined for recovery operations in the covery operations therein. countries listed in § 262.58(a)(1). A waste (g) Notifier means the person under is considered hazardous under U.S. na- the jurisdiction of the exporting coun- tional procedures if it meets the Fed- try who has, or will have at the time eral definition of hazardous waste in 40 the planned transfrontier movement CFR 261.3 and it is subject to either the commences, possession or other forms Federal manifesting requirements at 40 of legal control of the wastes and who CFR Part 262, Subpart B, to the uni- proposes their transfrontier movement versal waste management standards of for the ultimate purpose of submitting 40 CFR Part 273, or to State require- them to recovery operations. When the ments analogous to 40 CFR Part 273. United States (U.S.) is the exporting (b) Any person (notifier, consignee, country, notifier is interpreted to or recovery facility operator) who mean a person domiciled in the U.S. mixes two or more wastes (including (h) OECD area means all land or ma- hazardous and non-hazardous wastes) rine areas under the national jurisdic- or otherwise subjects two or more tion of any designated OECD member wastes (including hazardous and non- country in § 262.58. When the regula- hazardous wastes) to physical or chem- tions refer to shipments to or from an ical transformation operations, and OECD country, this means OECD area. thereby creates a new hazardous waste, (i) Recognized trader means a person becomes a generator and assumes all who, with appropriate authorization of subsequent generator duties under concerned countries, acts in the role of RCRA and any notifier duties, if appli- principal to purchase and subsequently cable, under this subpart. sell wastes; this person has legal con- trol of such wastes from time of pur- § 262.81 Definitions. chase to time of sale; such a person The following definitions apply to may act to arrange and facilitate this subpart. transfrontier movements of wastes des- (a) Competent authorities means the tined for recovery operations. regulatory authorities of concerned (j) Recovery facility means an entity countries having jurisdiction over which, under applicable domestic law, transfrontier movements of wastes des- is operating or is authorized to operate tined for recovery operations. in the importing country to receive (b) Concerned countries means the ex- wastes and to perform recovery oper- porting and importing OECD member ations on them.
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(k) Recovery operations means activi- amber, or red list and by U.S. national ties leading to resource recovery, recy- procedures as defined in § 262.80(a). The cling, reclamation, direct re-use or al- green, amber, and red lists are incor- ternative uses as listed in Table 2.B of porated by reference in § 262.89 (e). the Annex of OECD Council Decision (1) Wastes on the green list are sub- C(88)90(Final) of 27 May 1988, (available ject to existing controls normally ap- from the Environmental Protection plied to commercial transactions, ex- Agency, RCRA Information Center cept as provided below: (RIC), 1235 Jefferson-Davis Highway, (i) Green-list wastes that are consid- first floor, Arlington, VA 22203 (Docket ered hazardous under U.S. national # F–94–IEHF-FFFFF) and the procedures are subject to amber-list Organisation for Economic Co-oper- controls. ation and Development, Environment (ii) Green-list waste that are suffi- Direcorate, 2 rue Andre Pascal, 75775 ciently contaminated or mixed with Paris Cedex 16, France) which include: amber-list wastes, such that the waste or waste mixture is considered haz- R1 Use as a fuel (other than in direct ardous under U.S. national procedures, incineration) or other means to gen- are subject to amber-list controls. erate energy (iii) Green-list wastes that are suffi- R2 Solvent reclamation/regeneration ciently contaminated or mixed with R3 Recycling/reclamation of organic other wastes subject to red-list con- substances which are not used as sol- trols such that the waste or waste mix- vents ture is considered hazardous under U.S. R4 Recycling/reclamation of metals national procedures must be handled in and metal compounds accordance with the red-list controls. (2) Wastes on the amber list that are R5 Recycling/reclamation of other in- considered hazardous under U.S. na- organic materials tional procedures as defined in R6 Regeneration of acids or bases § 262.80(a) are subject to the amber-list R7 Recovery of components used for controls of this Subpart. pollution control (i) If amber-list wastes are suffi- R8 Recovery of components from ciently contaminated or mixed with catalysts other wastes subject to red-list con- R9 Used oil re-refining or other reuses trols such that the waste or waste mix- of previously used oil ture is considered hazardous under U.S. national procedures, the wastes must R10 Land treatment resulting in ben- be handled in accordance with the red- efit to agriculture or ecological im- list controls. provement (ii) [Reserved]. R11 Uses of residual materials ob- (3) Wastes on the red list that are tained from any of the operations num- considered hazardous under U.S. na- bered R1–R10 tional procedures as defined in R12 Exchange of wastes for submis- § 262.80(a) are subject to the red-list sion to any of the operations numbered controls of this subpart. R1–R11 NOTE TO PARAGRAPH (a)(3): Some wastes on 6R13 Accumulation of material in- the amber or red lists are not listed or other- wise identified as hazardous under RCRA tended for any operation in Table 2.B (e.g., polychlorinated biphenyls) and there- (l) Transfrontier movement means any fore are not subject to the amber- or red-list shipment of wastes destined for recov- controls of this subpart. Regardless of the ery operations from an area under the status of the waste under RCRA, however, national jurisdiction of one OECD other Federal environmental statutes (e.g., the Toxic Substances Control Act) may re- member country to an area under the strict certain waste imports or exports. Such national jurisdiction of another OECD restrictions continue to apply without re- member country. gard to this Subpart. (4) Wastes not yet assigned to a list § 262.82 General conditions. are eligible for transfrontier move- (a) Scope. The level of control for ex- ments, as follows: ports and imports of waste is indicated (i) If such wastes are considered haz- by assignment of the waste to a green, ardous under U.S. national procedures
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as defined in § 262.80(a), these wastes consent is received from all relevant are subject to the red-list controls; or OECD importing and transit countries. (ii) If such wastes are not considered (2) Re-export of waste subject to the hazardous under U.S. national proce- red-list control system from the origi- dures as defined in § 262.80(a), such nal importing country to a third coun- wastes may move as though they ap- try listed in § 262.58(a)(1) may occur peared on the green list. only following notification of the com- (b) General conditions applicable to petent authorities of the third country, transfrontier movements of hazardous the original exporting country, and waste. new transit countries by a notifier in (1) The waste must be destined for re- the original importing country in ac- covery operations at a facility that, cordance with § 262.83. The under applicable domestic law, is oper- transfrontier movement may not pro- ating or is authorized to operate in the ceed until receipt by the original im- importing country; porting country of written consent (2) The transfrontier movement must from the competent authorities of the be in compliance with applicable inter- third country, the original exporting national transport agreements; and country, and new transit countries. NOTE TO PARAGRAPH (b)(2): These (3) In the case of re-export of amber international agreements include, but or red-list wastes to a country other are not limited to, the Chicago Conven- than those in § 262.58(a)(1), notification tion (1944), ADR (1957), ADNR (1970), to and consent of the competent au- MARPOL Convention (1973/1978), thorities of the original OECD member SOLAS Convention (1974), IMDG Code country of export and any OECD mem- (1985), COTIF (1985), and RID (1985). ber countries of transit is required as (3) Any transit of waste through a specified in paragraphs (c)(1) and (c)(2) non-OECD member country must be of this section in addition to compli- conducted in compliance with all appli- ance with all international agreements cable international and national laws and arrangements to which the first and regulations. importing OECD member country is a (c) Provisions relating to re-export for party and all applicable regulatory re- recovery to a third country. quirements for exports from the first (1) Re-export of wastes subject to the importing country. amber-list control system from the U.S., as the importing country, to a § 262.83 Notification and consent. third country listed in § 262.58(a)(1) may (a) Applicability. Consent must be ob- occur only after a notifier in the U.S. tained from the competent authorities provides notification to and obtains of the relevant OECD importing and consent of the competent authorities transit countries prior to exporting in the third country, the original ex- hazardous waste destined for recovery porting country, and new transit coun- operations subject to this Subpart. tries. The notification must comply Hazardous wastes subject to amber-list with the notice and consent procedures controls are subject to the require- in § 262.83 for all concerned countries ments of paragraph (b) of this section; and the original exporting country. hazardous wastes subject to red-list The competent authorities of the origi- controls are subject to the require- nal exporting country as well as the ments of paragraph (c) of this section; competent authorities of all other con- and wastes not identified on any list cerned countries have 30 days to object are subject to the requirements of to the proposed movement. paragraph (d) of this section. (i) The 30-day period begins once the (b) Amber-list wastes. The export from competent authorities of both the ini- the U.S. of hazardous wastes as de- tial exporting country and new import- scribed in § 262.80(a) that appear on the ing country issue Acknowledgements amber list is prohibited unless the no- of Receipt of the notification. tification and consent requirements of (ii) The transfrontier movement may paragraph (b)(1) or paragraph (b)(2) of commence if no objection has been this section are met. lodged after the 30-day period has (1) Transactions requiring specific passed or immediately after written consent:
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(i) Notification. At least 45 days prior (i) The notifier must provide EPA the to commencement of the transfrontier information identified in paragraph (e) movement, the notifier must provide of this section in English, at least 10 written notification in English of the days in advance of commencing ship- proposed transfrontier movement to ment to a pre-approved facility. The the Office of Enforcement and Compli- notification should indicate that the ance Assurance, Office of Compliance, recovery facility is pre-approved, and Enforcement Planning, Targeting and may apply to a single specific shipment Data Division (2222A), Environmental or to multiple shipments as described Protection Agency, 401 M St., SW., in paragraph (b)(1)(i) of this section. Washington, DC 20460, with the words This information must be sent to the ‘‘Attention: OECD Export Notification’’ Office of Enforcement and Compliance prominently displayed on the envelope. Assurance, Office of Compliance, En- This notification must include all of forcement Planning, Targeting and the information identified in paragraph Data Division (2222A), Environmental (e) of this section. In cases where Protection Agency, 401 M St., SW., wastes having similar physical and Washington, DC 20460, with the words chemical characteristics, the same United Nations classification, and the ‘‘OECD Export Notification—Pre-ap- same RCRA waste codes are to be sent proved Facility’’ prominently displayed periodically to the same recovery facil- on the envelope. ity by the same notifier, the notifier (ii) Shipments may commence after may submit one notification of intent the notification required in paragraph to export these wastes in multiple ship- (b)(1)(i) of this section has been re- ments during a period of up to one ceived by the competent authorities of year. all concerned countries, unless the no- (ii) Tacit consent. If no objection has tifier has received information indi- been lodged by any concerned country cating that the competent authorities (i.e., exporting, importing, or transit of one or more concerned countries ob- countries) to a notification provided jects to the shipment. pursuant to paragraph (b)(1)(i) of this (c) Red-list wastes. The export from section within 30 days after the date of the U.S. of hazardous wastes as de- issuance of the Acknowledgment of Re- scribed in § 262.80(a) that appear on the ceipt of notification by the competent red list is prohibited unless notice is authority of the importing country, given pursuant to paragraph (b)(1)(i) of the transfrontier movement may com- this section and the notifier receives mence. Tacit consent expires one cal- written consent from the importing endar year after the close of the 30 day country and any transit countries prior period; renotification and renewal of to commencement of the transfrontier all consents is required for exports movement. after that date. (d) Unlisted wastes. Wastes not as- (iii) Written consent. If the competent signed to the green, amber, or red list authorities of all the relevant OECD that are considered hazardous under importing and transit countries pro- vide written consent in a period less U.S. national procedures as defined in than 30 days, the transfrontier move- § 262.80(a) are subject to the notifica- ment may commence immediately tion and consent requirements estab- after all necessary consents are re- lished for red-list wastes in accordance ceived. Written consent expires for with paragraph (c) of this section. Un- each relevant OECD importing and listed wastes that are not considered transit country one calendar year after hazardous under U.S. national proce- the date of that country’s consent un- dures as defined in § 262.80(a) are not less otherwise specified; renotification subject to amber or red controls when and renewal of each expired consent is exported or imported. required for exports after that date. (e) Notification information. Notifica- (2) Shipments to facilities pre-ap- tions submitted under this section proved by the competent authorities of must include: the importing countries to accept spe- (1) Serial number or other accepted cific wastes for recovery: identifier of the notification form;
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(2) Notifier name and EPA identifica- sure that a tracking document meeting tion number (if applicable), address, the conditions of § 262.84(b) accom- and telephone and telefax numbers; panies each transfrontier shipment of (3) Importing recovery facility name, wastes subject to amber-list or red-list address, telephone and telefax num- controls from the initiation of the bers, and technologies employed; shipment until it reaches the final re- (4) Consignee name (if not the owner covery facility, including cases in or operator of the recovery facility) ad- which the waste is stored and/or ex- dress, and telephone and telefax num- changed by the consignee prior to ship- bers; whether the consignee will engage ment to the final recovery facility, ex- in waste exchange or storage prior to cept as provided in §§ 262.84(a)(1) and delivering the waste to the final recov- (2). ery facility and identification of recov- (1) For shipments of hazardous waste ery operations to be employed at the within the U.S. solely by water (bulk final recovery facility; shipments only) the generator must (5) Intended transporters and/or their forward the tracking document with agents; the manifest to the last water (bulk (6) Country of export and relevant shipment) transporter to handle the competent authority, and point of de- waste in the U.S. if exported by water, parture; (in accordance with the manifest rout- (7) Countries of transit and relevant ing procedures at § 262.23(c)). competent authorities and points of (2) For rail shipments of hazardous entry and departure; waste within the U.S. which originate (8) Country of import and relevant at the site of generation, the generator competent authority, and point of must forward the tracking document entry; with the manifest (in accordance with (9) Statement of whether the notifi- the routing procedures for the manifest cation is a single notification or a gen- in § 262.23(d)) to the next non-rail trans- eral notification. If general, include pe- porter, if any, or the last rail trans- riod of validity requested; porter to handle the waste in the U.S. (10) Date foreseen for commencement if exported by rail. of transfrontier movement; (b) The tracking document must in- (11) Designation of waste type(s) from clude all information required under the appropriate list (amber or red and § 262.83 (for notification), and the fol- waste list code), descriptions of each lowing: waste type, estimated total quantity of (1) Date shipment commenced. each, RCRA waste code, and United Na- (2) Name (if not notifier), address, tions number for each waste type; and and telephone and telefax numbers of (12) Certification/Declaration signed primary exporter. by the notifier that states: (3) Company name and EPA ID num- I certify that the above information is ber of all transporters. complete and correct to the best of my (4) Identification (license, registered knowledge. I also certify that legally-en- name or registration number) of means forceable written contractual obligations of transport, including types of pack- have been entered into, and that any applica- ble insurance or other financial guarantees aging. are or shall be in force covering the (5) Any special precautions to be transfrontier movement. taken by transporters. Name: llllllllllllllllllll (6) Certification/declaration signed Signature: llllllllllllllllll by notifier that no objection to the Date: llllllllllllllllllll shipment has been lodged as follows: NOTE TO PARAGRAPH (e)(12): The U.S. does not currently require financial assurance; I certify that the above information is however, U.S. exporters may be asked by complete and correct to the best of my other governments to provide and certify to knowledge. I also certify that legally-en- such assurance as a condition of obtaining forceable written contractual obligations consent to a proposed movement. have been entered into, that any applicable insurance or other financial guarantees are § 262.84 Tracking document. or shall be in force covering the transfrontier movement, and that: (a) All U.S. parties subject to the 1. All necessary consents have been re- contract provisions of § 262.85 must en- ceived; OR
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2. The shipment is directed at a recovery each. Contracts or equivalent arrange- facility within the OECD area and no objec- ments are valid for the purposes of this tion has been received from any of the con- section only if persons assuming obli- cerned countries within the 30 day tacit con- sent period; OR gations under the contracts or equiva- 3. The shipment is directed at a recovery lent arrangements have appropriate facility pre-authorized for that type of waste legal status to conduct the operations within the OECD area; such an authorization specified in the contract or equivalent has not been revoked, and no objection has arrangement. been received from any of the concerned (b) Contracts or equivalent arrange- countries. ments must specify the name and EPA (delete sentences that are not applicable) ID number, where available, of: Name: llllllllllllllllllll (1) The generator of each type of Signature: llllllllllllllllll waste; llllllllllllllllllll Date: (2) Each person who will have phys- (7) Appropriate signatures for each ical custody of the wastes; custody transfer (e.g. transporter, con- (3) Each person who will have legal signee, and owner or operator of the re- control of the wastes; and covery facility). (4) The recovery facility. (c) Notifiers also must comply with (c) Contracts or equivalent arrange- the special manifest requirements of 40 ments must specify which party to the CFR 262.54(a), (b), (c), (e), and (i) and contract will assume responsibility for consignees must comply with the im- alternate management of the wastes if port requirements of 40 CFR part 262, its disposition cannot be carried out as subpart F. described in the notification of intent (d) Each U.S. person that has phys- to export. In such cases, contracts ical custody of the waste from the time must specify that: the movement commences until it ar- (1) The person having actual posses- rives at the recovery facility must sign sion or physical control over the the tracking document (e.g. trans- wastes will immediately inform the no- porter, consignee, and owner or oper- tifier and the competent authorities of ator of the recovery facility). the exporting and importing countries (e) Within 3 working days of the re- and, if the wastes are located in a ceipt of imports subject to this Sub- country of transit, the competent au- part, the owner or operator of the U.S. thorities of that country; and recovery facility must send signed cop- (2) The person specified in the con- ies of the tracking document to the no- tract will assume responsibility for the tifier, to the Office of Enforcement and adequate management of the wastes in Compliance Assurance, Office of Com- compliance with applicable laws and pliance, Enforcement Planning, Tar- regulations including, if necessary, ar- geting and Data Division (2222A), Envi- ranging their return to the original ronmental Protection Agency, 401 M country of export. St., SW., Washington, DC 20460, and to (d) Contracts must specify that the the competent authorities of the ex- consignee will provide the notification porting and transit countries. required in § 262.82(c) prior to re-export of controlled wastes to a third country. § 262.85 Contracts. (e) Contracts or equivalent arrange- (a) Transfrontier movements of haz- ments must include provisions for fi- ardous wastes subject to amber or red nancial guarantees, if required by the control procedures are prohibited un- competent authorities of any con- less they occur under the terms of a cerned country, in accordance with ap- valid written contract, chain of con- plicable national or international law tracts, or equivalent arrangements requirements. ≤ (when the movement occurs between NOTE TO PARAGRAPH (e): Financial parties controlled by the same cor- guarantees so required are intended to porate or legal entity). Such contracts provide for alternate recycling, dis- or equivalent arrangements must be posal or other means of sound manage- executed by the notifier and the owner ment of the wastes in cases where ar- or operator of the recovery facility, rangements for the shipment and the and must specify responsibilities for recovery operations cannot be carried
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out as foreseen. The U.S. does not re- sociated with being a notifier or con- quire such financial guarantees at this signee. time; however, some OECD countries do. It is the responsibility of the noti- § 262.87 Reporting and recordkeeping. fier to ascertain and comply with such (a) Annual reports. For all waste requirements; in some cases, trans- movements subject to this Subpart, porters or consignees may refuse to persons (e.g., notifiers, recognized trad- enter into the necessary contracts ab- ers) who meet the definition of primary sent specific references or certifi- exporter in § 262.51 shall file an annual cations to financial guarantees. report with the Office of Enforcement (f) Contracts or equivalent arrange- and Compliance Assurance, Office of ments must contain provisions requir- Compliance, Enforcement Planning, ing each contracting party to comply Targeting and Data Division (2222A), with all applicable requirements of this Environmental Protection Agency, 401 subpart. M St., SW., Washington, DC 20460, no (g) Upon request by EPA, U.S. noti- later than March 1 of each year sum- fiers, consignees, or recovery facilities marizing the types, quantities, fre- must submit to EPA copies of con- quency, and ultimate destination of all tracts, chain of contracts, or equiva- such hazardous waste exported during lent arrangements (when the move- the previous calendar year. (If the pri- ment occurs between parties controlled mary exporter is required to file an an- by the same corporate or legal entity). nual report for waste exports that are Information contained in the contracts not covered under this Subpart, he may or equivalent arrangements for which a include all export information in one claim of confidentiality is asserted ac- report provided the following informa- cordance with 40 CFR 2.203(b) will be tion on exports of waste destined for treated as confidential and will be dis- recovery within the designated OECD closed by EPA only as provided in 40 member countries is contained in a CFR 260.2. separate section). Such reports shall include the following: NOTE TO PARAGRAPH (g): Although the (1) The EPA identification number, U.S. does not require routine submis- name, and mailing and site address of sion of contracts at this time, OECD the notifier filing the report; Council Decision C(92)39/FINAL allows (2) The calendar year covered by the members to impose such requirements. report; When other OECD countries require (3) The name and site address of each submission of partial or complete cop- final recovery facility; ies of the contract as a condition to (4) By final recovery facility, for each granting consent to proposed move- hazardous waste exported, a descrip- ments, EPA will request the required tion of the hazardous waste, the EPA information; absent submission of such hazardous waste number (from 40 CFR information, some OECD countries part 261, subpart C or D), designation of may deny consent for the proposed waste type(s) from OECD waste list and movement. applicable waste code from the OECD lists, DOT hazard class, the name and § 262.86 Provisions relating to recog- U.S. EPA identification number (where nized traders. applicable) for each transporter used, (a) A recognized trader who takes the total amount of hazardous waste physical custody of a waste and con- shipped pursuant to this Subpart, and ducts recovery operations (including number of shipments pursuant to each storage prior to recovery) is acting as notification; the owner or operator of a recovery fa- (5) In even numbered years, for each cility and must be so authorized in ac- hazardous waste exported, except for cordance with all applicable Federal hazardous waste produced by exporters laws. of greater than 100kg but less than (b) A recognized trader acting as a 1000kg in a calendar month, and except notifier or consignee for transfrontier for hazardous waste for which informa- shipments of waste must comply with tion was already provided pursuant to all the requirements of this Subpart as- § 262.41:
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(i) A description of the efforts under- (ii) A copy of each annual report for taken during the year to reduce the a period of at least three years from volume and toxicity of waste gen- the due date of the report; and erated; and (iii) A copy of any exception reports (ii) A description of the changes in and a copy of each confirmation of de- volume and toxicity of the waste actu- livery (i.e., tracking documentation) ally achieved during the year in com- sent by the recovery facility to the no- parison to previous years to the extent tifier for at least three years from the such information is available for years date the hazardous waste was accepted prior to 1984; and by the initial transporter or received (6) A certification signed by the per- by the recovery facility, whichever is son acting as primary exporter that applicable. states: (2) The periods of retention referred I certify under penalty of law that I to in this section are extended auto- have personally examined and am fa- matically during the course of any un- miliar with the information submitted resolved enforcement action regarding in this and all attached documents, and the regulated activity or as requested that based on my inquiry of those indi- by the Administrator. viduals immediately responsible for ob- § 262.88 Pre-approval for U.S. Recov- taining the information, I believe that ery Facilities (Reserved). the submitted information is true, ac- curate, and complete. I am aware that § 262.89 OECD Waste Lists. there are significant penalties for sub- (a) General. For the purposes of this mitting false information including the Subpart, a waste is considered haz- possibility of fine and imprisonment. ardous under U.S. national procedures, (b) Exception reports. Any person who and hence subject to this Subpart, if meets the definition of primary ex- the waste: porter in § 262.51 must file an exception (1) Meets the Federal definition of report in lieu of the requirements of hazardous waste in 40 CFR 261.3; and § 262.42 with the Administrator if any of (2) Is subject to either the Federal the following occurs: RCRA manifesting requirements at 40 (1) He has not received a copy of the CFR part 262, subpart B, to the uni- tracking documentation signed by the versal waste management standards of transporter stating point of departure 40 CFR part 273, or to State require- of the waste from the United States, ments analogous to 40 CFR part 273. within forty-five (45) days from the (b) If a waste is hazardous under date it was accepted by the initial paragraph (a) of this section and it ap- transporter; pears on the amber or red list, it is sub- (2) Within ninety (90) days from the ject to amber- or red-list requirements date the waste was accepted by the ini- respectively; tial transporter, the notifier has not (c) If a waste is hazardous under received written confirmation from the paragraph (a) of this section and it recovery facility that the hazardous does not appear on either amber or red waste was received; lists, it is subject to red-list require- (3) The waste is returned to the ments. United States. (d) The appropriate control proce- (c) Recordkeeping. (1) Persons who dures for hazardous wastes and haz- meet the definition of primary ex- ardous waste mixtures are addressed in porter in § 262.51 shall keep the fol- § 262.82. lowing records: § 262.89 (e) The OECD Green List of Wastes (i) A copy of each notification of in- (revised May 1994), Amber List of tent to export and all written consents Wastes and Red List of Wastes (both obtained from the competent authori- revised May 1993) as set forth in Appen- ties of concerned countries for a period dix 3, Appendix 4 and Appendix 5, re- of at least three years from the date spectively, to the OECD Council Deci- the hazardous waste was accepted by sion C(92)39/FINAL (Concerning the the initial transporter; Control of Transfrontier Movements of
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Wastes Destined for Recovery Oper- APPENDIX TO PART 262—UNIFORM HAZ- ations) are incorporated by reference. ARDOUS WASTE MANIFEST AND IN- These incorporations by reference were STRUCTIONS (EPA FORMS 8700–22 approved by the Director of the Federal AND 8700–22A AND THEIR INSTRUC- Register in accordance with 5 U.S.C. TIONS) 552(a) and 1 CFR part 51 on July 11, 1996. These materials are incorporated U.S. EPA Form 8700–22 as they exist on the date of the ap- Read all instructions before completing proval and a notice of any change in this form. these materials will be published in the This form has been designed for use on a FEDERAL REGISTER. The materials are 12-pitch (elite) typerwriter; a firm point pen available for inspection at: the Office may also be used—press down hard. of the Federal Register, 800 North Cap- Federal regulations require generators and itol Street, NW., suite 700, Washington, transporters of hazardous waste and owners DC; the U.S. Environmental Protection or operators of hazardous waste treatment, Agency, RCRA Information Center storage, and disposal facilities to use this (RIC), 1235 Jefferson-Davis Highway, form (8700–22) and, if necessary, the continu- ation sheet (Form 8700–22A) for both inter first floor, Arlington, VA 22203 (Docket and intrastate transportation. # F–94–IEHF–FFFFF) and may be ob- Federal regulations also require generators tained from the Organisation for Eco- and transporters of hazardous waste and nomic Co-operation and Development, owners or operators of hazardous waste Environment Direcorate, 2 rue Andre treatment, storage and disposal facilities to Pascal, 75775 Paris Cedex 16, France. complete the following information:
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The following statement must be included form. Send comments regarding the burden with each Uniform Hazardous Waste Mani- estimate, including suggestions for reducing fest, either on the form, in the instructions this burden, to: Chief, Information Policy to the form, or accompanying the form: Branch, PM–223, U.S. Environmental Protec- Public reporting burden for this collection tion Agency, 401 M Street SW., Washington, of information is estimated to average: 37 DC 20460; and to the Office of Information minutes for generators, 15 minutes for trans- and Regulatory Affairs, Office of Manage- porters, and 10 minutes for treatment, stor- ment and Budget, Washington, DC 20503. age and disposal facilities. This includes time for reviewing instructions, gathering data, and completing and reviewing the
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GENERATORS must be the site address, which may differ from the company mailing address. Item 1. Generator’s U.S. EPA ID Number— Manifest Document Number Item 10. U.S. EPA ID Number Enter the generator’s U.S. EPA twelve Enter the U.S. EPA twelve digit identifica- digit identification number and the unique tion number of the designated facility iden- five digit number assigned to this Manifest tified in item 9. (e.g., 00001) by the generator. Item 11. U.S. DOT Description [Including Prop- Item 2. Page 1 of —— er Shipping Name, Hazard Class, and ID Enter the total number of pages used to Number (UN/NA)] complete this Manifest, i.e., the first page Enter the U.S. DOT Proper Shipping Name, (EPA Form 8700–22) plus the number of Con- Hazard Class, and ID Number (UN/NA) for tinuation Sheets (EPA Form 8700–22A), if each waste as identified in 49 CFR 171 any. through 177. NOTE: If additional space is needed for Item 3. Generator’s Name and Mailing Address waste descriptions, enter these additional de- Enter the name and mailing address of the scriptions in item 28 on the Continuation generator. The address should be the loca- Sheet (EPA Form 8700–22A). tion that will manage the returned Manifest forms. Item 12. Containers (No. and Type) Enter the number of containers for each Item 4. Generator’s Phone Number waste and the appropriate abbreviation from Enter a telephone number where an au- Table I (below) for the type of container. thorized agent of the generator may be reached in the event of an emergency. TABLE I—TYPES OF CONTAINERS DM=Metal drums, barrels, kegs Item 5. Transporter 1 Company Name DW=Wooden drums, barrels, kegs Enter the company name of the first trans- DF=Fiberboard or plastic drums, barrels, porter who will transport the waste. kegs TP=Tanks portable Item 6. U.S. EPA ID Number TT=Cargo tanks (tank trucks) Enter the U.S. EPA twelve digit identifica- TC=Tank cars tion number of the first transporter identi- DT=Dump truck fied in item 5. CY=Cylinders CM=Metal boxes, cartons, cases (including Item 7. Transporter 2 Company Name roll-offs) If applicable, enter the company name of CW=Wooden boxes, cartons, cases the second transporter who will transport CF=Fiber or plastic boxes, cartons, cases the waste. If more than two transporters are BA=Burlap, cloth, paper or plastic bags used to transport the waste, use a Continu- ation Sheet(s) (EPA Form 8700–22A) and list Item 13. Total Quantity the transporters in the order they will be Enter the total quantity of waste described transporting the waste. on each line.
Item 8. U.S. EPA ID Number Item 14. Unit (Wt./Vol.) If applicable, enter the U.S. EPA twelve Enter the appropriate abbreviation from digit identification number of the second Table II (below) for the unit of measure. transporter identified in item 7. NOTE: If more than two transporters are TABLE II—UNITS OF MEASURE used, enter each additional transporter’s company name and U.S. EPA twelve digit G=Gallons (liquids only) identification number in items 24–27 on the P=Pounds Continuation Sheet (EPA Form 8700–22A). T=Tons (2000 lbs) Each Continuation Sheet has space to record Y=Cubic yards two additional transporters. Every trans- L=Liters (liquids only) porter used between the generator and the K=Kilograms designated facility must be listed. M=Metric tons (1000 kg) N=Cubic meters Item 9. Designated Facility Name and Site Address Item 15. Special Handling Instructions and Additional Information Enter the company name and site address of the facility designated to receive the Generators may use this space to indicate waste listed on this Manifest. The address special transportation, treatment, storage,
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or disposal information or Bill of Lading in- Imports— Shipments of hazardous waste reg- formation. States may not require addi- ulated by RCRA and transported into the tional, new, or different information in this United States from another country must space. For international shipments, genera- upon entry be accompanied by the U.S. EPA tors must enter in this space the point of de- Uniform Hazardous Waste Manifest. Trans- parture (City and State) for those shipments porters who transport hazardous waste into destined for treatment, storage, or disposal the United States from another country are outside the jurisdiction of the United States. responsible for completing the Manifest (40 Item 16. Generator’s Certification CFR 263.10(c)(1)).
The generator must read, sign (by hand), OWNERS AND OPERATORS OF TREATMENT, and date the certification statement. If a STORAGE, OR DISPOSAL FACILITIES mode other than highway is used, the word ‘‘highway’’ should be lined out and the appro- Item 19. Discrepancy Indication Space priate mode (rail, water, or air) inserted in the space below. If another mode in addition The authorized representative of the des- to the highway mode is used, enter the ap- ignated (or alternate) facility’s owner or op- propriate additional mode (e.g., and rail) in erator must note in this space any signifi- the space below. cant discrepancy between the waste de- Primary exporters shipping hazardous scribed on the Manifest and the waste actu- wastes to a facility located outside of the ally received at the facility. United States must add to the end of the Owners and operators of facilities located first sentence of the certification the fol- in unauthorized States (i.e., the U.S. EPA lowing words ‘‘and conforms to the terms of administers the hazardous waste manage- the EPA Acknowledgment of Consent to the ment program) who cannot resolve signifi- shipment.’’ cant discrepancies within 15 days of receiv- In signing the waste minimization certifi- ing the waste must submit to their Regional cation statement, those generators who have Administrator (see list below) a letter with a not been exempted by statute or regulation copy of the Manifest at issue describing the from the duty to make a waste minimization discrepancy and attempts to reconcile it (40 certification under section 3002(b) of RCRA CFR 264.72 and 265.72). are also certifying that they have complied Owners and operators of facilities located with the waste minimization requirements. in authorized States (i.e., those States that Generators may preprint the words, ‘‘On have received authorization from the U.S. behalf of’’ in the signature block or may hand write this statement in the signature block EPA to administer the hazardous waste pro- prior to signing the generator certifications. gram) should contact their State agency for NOTE: All of the above information except information on State Discrepancy Report re- the handwritten signature required in item quirements. 16 may be preprinted. EPA REGIONAL ADMINISTRATORS * * * * * Regional Administrator, U.S. EPA Region I, J.F. Kennedy Fed. Bldg., Boston, MA 02203 TRANSPORTERS Regional Administrator, U.S. EPA Region II, 26 Federal Plaza, New York, NY 10278 Item 17. Transporter 1 Acknowledgement of Regional Administrator, U.S. EPA Region Receipt of Materials III, 6th and Walnut Sts., Philadelphia, PA Enter the name of the person accepting the 19106 waste on behalf of the first transporter. That Regional Administrator, U.S. EPA Region person must acknowledge acceptance of the IV, 345 Courtland St., NE., Atlanta, GA waste described on the Manifest by signing 30365 and entering the date of receipt. Regional Administrator, U.S. EPA Region V, Item 18. Transporter 2 Acknowledgement of 77 West Jackson Blvd., Chicago, IL 60604 Receipt of Materials Regional Administrator, U.S. EPA Region VI, 1201 Elm Street, Dallas, TX 75270 Enter, if applicable, the name of the person Regional Administrator, U.S. EPA Region accepting the waste on behalf of the second VII, 324 East 11th Street, Kansas City, MO transporter. That person must acknowledge 64106 acceptance of the waste described on the Manifest by signing and entering the date of Regional Administrator, U.S. EPA Region receipt. VIII, 1860 Lincoln Street, Denver, CO 80295 NOTE: International Shipments—Trans- Regional Administrator, U.S. EPA Region porter Responsibilities. IX, 215 Freemont Street, San Francisco, Exports— Transporters must sign and enter CA 94105 the date the waste left the United States in Regional Administrator, U.S. EPA Region X, item 15 of Form 8700–22. 1200 Sixth Avenue, Seattle, WA 98101
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Item 20. Facility Owner or Operator: Certifi- Items A–K are not required by Federal reg- cation of Receipt of Hazardous Materials Cov- ulations for intra- or interstate transpor- ered by This Manifest Except as Noted in Item tation. However, States may require genera- 19 tors and owners or operators of treatment, storage, or disposal facilities to complete Print or type the name of the person ac- some or all of items A–K as part of State cepting the waste on behalf of the owner or manifest reporting requirements. Generators operator of the facility. That person must and owners and operators of treatment, stor- acknowledge acceptance of the waste de- age, or disposal facilities are advised to con- scribed on the Manifest by signing and enter- tact State officials for guidance on com- ing the date of receipt. pleting the shaded areas of the Manifest.
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INSTRUCTIONS—CONTINUATION SHEET, U.S. This form must be used as a continuation EPA FORM 8700–22A sheet to U.S. EPA Form 8700–22 if: Read all instructions before completing • More than two transporters are to be used this form. to transport the waste; This form has been designed for use on a • More space is required for the U.S. DOT de- 12-pitch (elite) typewriter; a firm point pen scription and related information in Item may also be used—press down hard. 11 of U.S. EPA Form 8700–22.
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Federal regulations require generators and Item 28. U.S. DOT Description Including Proper transporters of hazardous waste and owners Shipping Name, Hazardous Class, and ID or operators of hazardous waste treatment, Number (UN/NA) storage, or disposal facilities to use the uni- Refer to item 11. form hazardous waste manifest (EPA Form 8700–22) and, if necessary, this continuation Item 29. Containers (No. and Type) sheet (EPA Form 8700–22A) for both inter- Refer to item 12. and intrastate transportation. Item 30. Total Quantity GENERATORS Refer to item 13. Item 21. Generator’s U.S. EPA ID Number— Manifest Document Number Item 31. Unit (Wt./Vol.) Refer to item 14. Enter the generator’s U.S. EPA twelve digit identification number and the unique Item 32. Special Handling Instructions five digit number assigned to this Manifest Generators may use this space to indicate (e.g., 00001) as it appears in item 1 on the special transportation, treatment, storage, first page of the Manifest. or disposal information or Bill of Lading in- Item 22. Page —— formation. States are not authorized to re- quire additional, new, or different informa- Enter the page number of this Continu- tion in this space. ation Sheet.
Item 23. Generator’s Name * * * * * Enter the generator’s name as it appears in TRANSPORTERS item 3 on the first page of the Manifest. Item 33. Transporter —— Acknowledgement of Item 24. Transporter —— Company Name Receipt of Materials Enter the same number of the Transporter If additional transporters are used to as identified in item 24. Enter also the name transport the waste described on this Mani- of the person accepting the waste on behalf fest, enter the company name of each addi- of the Transporter (Company Name) identi- tional transporter in the order in which they fied in item 24. That person must acknowl- will transport the waste. Enter after the edge acceptance of the waste described on word ‘‘Transporter’’ the order of the trans- the Manifest by signing and entering the porter. For example, Transporter 3 Company date of receipt. Name. Each Continuation Sheet will record the names of two additional transporters. Item 34. Transporter —— Acknowledgement of Receipt of Materials Item 25. U.S. EPA ID Number Enter the same number as identified in Enter the U.S. EPA twelve digit identifica- item 26. Enter also the name of the person tion number of the transporter described in accepting the waste on behalf of the Trans- item 24. porter (Company Name) identified in item 26. That person must acknowledge acceptance of Item 26. Transporter —— Company Name the waste described on the Manifest by sign- ing and entering the date of receipt. If additional transporters are used to transport the waste described on this Mani- fest, enter the company name of each addi- * * * * * tional transporter in the order in which they OWNERS AND OPERATORS OF TREAT- will transport the waste. Enter after the MENT, STORAGE, OR DISPOSAL FACILI- word ‘‘Transporter’’ the order of the trans- TIES porter. For example, Transporter 4 Company Name. Each Continuation Sheet will record Item 35. Discrepancy Indication Space the names of two additional transporters. Refer to item 19. Item 27. U.S. EPA ID Number Items L–R are not required by Federal reg- ulations for intra- or interstate transpor- Enter the U.S. EPA twelve digit identifica- tation. However, States may require genera- tion number of the transporter described in tors and owners or operators of treatment, item 26. storage, or disposal facilities to complete some or all of items L–R as part of State
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manifest reporting requirements. Generators the UCCF, including the manifest and and owners and operators of treatment, stor- pretransport requirements for all ship- age, or disposal facilities are advised to con- ments greater than 100 kilograms sent tact State officials for guidance on com- from a remote location to a UCCF. pleting the shaded areas of the manifest. (2) The Utility transports the haz- [49 FR 10501, Mar. 20, 1984, as amended at 51 ardous waste from the remote location FR 28685, Aug. 8, 1986; 51 FR 35192, Oct. 1, to a UCCF immediately after collec- 1986; 53 FR 45091, Nov. 8, 1988; 62 FR 1834, Jan. 14, 1997] tion of all hazardous waste at the re- mote location is complete or when the staff collecting the hazardous waste Subpart I—New York State Public leave the remote location, whichever Utilities comes first. (3) The Utility complies with all ap- SOURCE: 64 FR 37636, July 12, 1999, unless plicable requirements for transporters otherwise noted. in 40 CFR part 263 for each shipment of hazardous waste greater than 100 kilo- § 262.90 Project XL for Public Utilities in New York State. grams which is sent from remote loca- tion to the UCCF, and all applicable (a) The following definitions apply to Department of Transportation require- this section: ments. (1) A Utility is any company that op- (4) (i) The Utility complies with 40 erates wholesale and/or retail oil and CFR 262.34 (a) through (c), regardless of gas pipelines, or any company that pro- the total quantity of hazardous waste vides electric power or telephone serv- generated or consolidated at the UCCF ice and is regulated by New York per calendar month; State’s Public Service Commission or (ii) The Utility complies with 40 CFR the New York Power Authority. 264.178; and (2) A right-of-way is a fixed, inte- grated network of aboveground or un- (iii) Secondary containment is pro- derground conveyances, including land vided for all liquid hazardous waste structures, fixed equipment, and other consolidated in containers if: appurtenances, controlled or owned by (A) The UCCF is consolidating 8,800 a Utility, and used for the purpose of gallons or more of liquid hazardous conveying its products or services to waste, or customers. (B) The UCCF is consolidating 185 (3) A remote location is a location in gallons or more of liquid hazardous New York State within a Utility’s waste and is located in an area des- right-of-way network that is not per- ignated by New York State that over- manently staffed. lays a sole-source aquifer. (4) A Utility’s central collection facility (5) The Utility submits a biennial re- (UCCF) is a Utility-owned facility port in accordance with 40 CFR 262.41 within the Utility’s right-of-way net- including all hazardous waste shipped work to which hazardous waste, gen- from remote locations to the UCCF. erated by the Utility at remote loca- This UCCF biennial report may be sub- tions within the same right-of-way net- mitted in lieu of submitting a biennial work, is brought. report for each remote location. How- (b) A UCCF designated pursuant to ever, for hazardous waste generated at paragraph (e) of this section may con- a particular remote location that ex- solidate hazardous waste (with the ex- ceeds 1000 kg per calendar month and ception of mixed waste) generated by that is not sent to the UCCF, the Util- that Utility at its remote locations ity must submit a separate biennial re- (and at that UCCF) for up to 90 days port. without a permit or without having in- (6) Waste generated at a remote loca- terim status, provided that: tion that is not sent to a UCCF is man- (1) The Utility complies with all ap- aged according to the requirements of plicable requirements for generators in parts 260 through 270 of this chapter. 40 CFR part 262 (except § 262.34 (d) (7) The Utility maintains records at through (f)) for hazardous waste gen- the UCCF in accordance with all the erated at its remote locations and at recordkeeping requirements set forth
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in subpart D of 40 CFR part 262, includ- sion of the name and address of the li- ing 40 CFR 262.40, and maintains brary in the newspaper notice; and records on any PCB test results for (vii) Placement of copies of this sec- hazardous wastes brought to the facil- tion and the Final Project Agreement ity from remote locations. that explains the regulatory relief out- (8) The UCCF obtains an EPA identi- lined in this section on the Utility’s fication number. web site, and inclusion of the web site’s (9) The UCCF receives hazardous address in the newpaper notice. waste only from its remote location. (3) All outreach efforts made under (10) The Utility reinvests at least paragraph (c)(2) of this section shall be one-third of the direct savings de- prepared in English (and any other lan- scribed in paragraph (h) of this section guage spoken by a large number of per- in one or more environmentally bene- sons in the community of concern) and ficial projects, such as remediation or at a minimum shall include the fol- pollution prevention, that are over and lowing information: above existing legal requirements and (i) A brief description of the XL that have not been initiated prior to project, the intended new use of the fa- the Utility’s receipt of approval to con- cility, and a request for comments on solidate hazardous waste pursuant to the proposed UCCF. this section. (ii) The name, if any, and address of (c) Utilities seeking to have UCCFs the proposed UCCF and its current sta- designated under paragraph (e) of this tus under the RCRA Subtitle C pro- section must comply with the fol- gram. lowing requirements: (1) Any New York State Utility seek- (iii) The intended duration of use of ing approval to consolidate hazardous the UCCF under the requirements of waste under this section must notify this section. local governments and communities of (iv) Names, addresses, and telephone the Utility’s intent to designate spe- numbers of contact persons, rep- cific UCCFs. resenting the Utility, to whom ques- (2) In carrying out paragraph (c)(1) of tions or comments may be directed. this section, the Utility must solicit (v) Notification of when the comment public comment. In soliciting public period of no less than 30 days will comment, the Utility must use the no- close. tice method set forth in paragraph (4) Prior to the solicitation of public (c)(2)(i) of this section, as well as at comment pursuant to paragraph (c)(2) least two of the methods set forth in of this section, the Utility must submit paragraphs (c)(2)(ii) through (vii) of copies of each notice, announcement or this section. Each Utility must also no- mailing directly to local governments tify by mail all parties who commented and to EPA. on the proposed rule for this XL (5) At the close of the comment pe- project. riod, the Utility shall prepare a Re- (i) A public notice in a newspaper of sponsiveness Package containing a general circulation within the area in summary of public outreach efforts, all which each proposed UCCF is located; comments and questions received as a (ii) A radio announcement in each af- result of its outreach efforts, and the fected community during peak listen- Utility’s written responses to all com- ing hours; ments and questions. The Utility shall (iii) Mailings to all citizens within a provide copies of its Responsiveness five-mile radius of proposed UCCF; Package to any citizens that partici- (iv) Well-publicized community pated in the public notice process, meetings; local governments and EPA. (v) Presentations to the local com- (d) Upon completion of the public no- munity board; tice procedures described in paragraph (vi) Placement of copies of this sec- (c) of this section, the Utility must tion and the Final Project Agreement provide written notice to EPA of its in- that explains the regulatory relief out- tent to participate. The Notice of In- lined in this section in the local library tent must contain the following infor- nearest the proposed UCCF, and inclu- mation:
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(1) The name of the Utility, corporate (2) Based on information provided address, and corporate mailing address, and comments received during the pub- if different. lic notice and comment period, EPA (2) The name, mailing address, and shall prepare a response to the com- telephone number of a corporate-level ments received. The response to com- contact person to whom communica- ments shall be attached to the ac- tions and inquiries may be di- knowledgment described in paragraph rected.This contact person may be (e)(1). Both the acknowledgment and changed by written notification to the response to comments shall be sent EPA. to all persons who commented on the (3) A list of the names, addresses, and designation of the UCCF(s) that are the EPA identification numbers, if applica- subject of the acknowledgment. ble, of all Utility-owned facilities in (3) Based on information provided New York State that are proposed and comments received during or after UCCFs and the names and telephone the public notice and comment period, numbers of a designated contact person at each facility. designated UCCFs may be rejected for (4) A summary of public outreach ef- the proposed use, or, if EPA determines forts undertaken pursuant to para- that acceptance for the proposed use graph (c) of this section. under the conditions of paragraph (b) (5) A commitment that one-third of of this section may not fully protect the direct cost savings outlined in human health and the environment paragraph (h) of this section due to based on the Utility’s compliance his- project participation will be reinvested tory or other appropriate factors, the in one or more environmentally bene- acknowledgment may impose condi- ficial projects which are over and tions in addition to those in paragraph above existing legal requirements and (b) of this section. which have not been initiated prior to (4) If EPA determines that a site-spe- the Utility’s receipt of approval to con- cific informational public meeting is solidate hazardous waste pursuant to warranted prior to determining the ac- this section. ceptability of a designated UCCF, the (6) An acknowledgment that the sig- acknowledgment will so state. natory is personally familiar with the (5) Subsequent to any public meeting, terms and conditions of this section EPA may reject or prohibit UCCFs and has the authority to obligate and from participating in this project based does obligate the Utility to comply on information provided or comments with all such terms and conditions. received during or after the public no- The Utility shall comply with the sig- tice process or based on a determina- natory requirements set forth in 40 tion that acceptance for the proposed CFR 270.11(a)(1). use under the conditions of paragraph (e) The procedures for designating (b) of this section may not fully pro- UCCFs are as follows: tect human health and the environ- (1) Subject to paragraphs (e)(2) ment based on the Utility’s compliance through (5) of this section, the Utility history or other appropriate factors. and specified UCCF shall receive ap- proval to comply with the require- (f) At any time, a Utility may add or ments set forth in paragraph (b) of this remove UCCF designations by com- section upon the receipt of written ac- plying with the following require- knowledgment from EPA that the No- ments: tice of Intent described in paragraph (1) A Utility may notify EPA of its (d) of this section has been received intent to designate additional UCCFs. and found to be complete and in com- Such a notification shall be submitted pliance with all the requirements set to, and processed by, EPA, in the man- forth in paragraph (d) of this section. ner indicated in paragraphs (d) and (e) This acknowledgment will state wheth- of this section. er the UCCF has been designated under (2) To have one or more additional this section and any additional limita- UCCFs designated, the Utility must tions which have been placed on the comply with paragraph (c) of this sec- UCCF. tion.
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(3) A Utility can discontinue use of a (1) Database management for each re- facility as a UCCF by notifying EPA in mote location as an individual gener- writing. ator; (g) Each Utility that receives ap- (2) Biennial Report preparation costs; proval to consolidate hazardous waste and/or pursuant to this section shall submit (3) Cost savings realized from con- an Annual Progress Report with the solidation of waste for economical following information for the preceding shipment (including no longer shipping year: waste directly to a TSD from remote (1) The number of remote locations locations). statewide for which hazardous waste (i) If any UCCF or Utility that re- was handled in accordance with para- ceives approval under this section fails to comply with any of the require- graph (b) of this section. ments of this section, EPA may termi- (2) The total tonnage of each type of nate or suspend the UCCF’s or Utility’s hazardous waste handled by each participation. EPA will provide a UCCF UCCF. or Utility with 15 days written notice (3) The number of remote locations of its intent to terminate or suspend statewide from which 1,000 kilograms participation. During this period, the or more of hazardous waste were col- UCCF will have the opportunity to lected per calendar month. come back into compliance or provide (4) The number of remote locations a written explanation as to why it was statewide from which between 100 and not in compliance with the terms of 1,000 kilograms of hazardous waste this section and how it will come back were collected per calendar month. into compliance. If EPA then issues a (5) An estimate of the monetary written notice terminating or sus- value, on a Utility-wide basis, of the di- pending participation, the Utility must rect savings realized by participation take immediate action to come into in this project. Direct savings at a min- compliance with all otherwise applica- imum include those outlined in para- ble federal requirements. EPA may graph (h) of this section. also take enforcement action against a (6) Descriptions of the environmental Utility for non-compliance with the compliance, remediation, or pollution provisions of this section. prevention projects or activities into (j) This section will expire on Janu- which the savings, described in para- ary 10, 2005. graph (h) of this section, have been re- invested, with an estimate of the sav- Subpart J—University Laboratories ings reinvested in each. Any such XL Project—Laboratory Envi- projects must consist of activities that ronmental Management are over and above existing legal re- Standard quirements and that have not been ini- tiated prior to the Utility’s receipt of SOURCE: 64 FR 53292, Sept. 28, 1999, unless approval to consolidate hazardous otherwise noted. waste pursuant to this section. (7) The addresses and EPA identifica- § 262.100 To what organizations does tion numbers for all facilities that this subpart apply? served as UCCFs for hazardous waste This subpart applies to an organiza- from remote locations. tion that meets all three of the fol- (h) Utilities that receive approval to lowing conditions: consolidate hazardous waste pursuant (a) It is one of the three following to this section must assess the direct academic institutions: The University savings realized as a result. Cost esti- of Massachusetts Boston in Boston, mates shall include direct savings Massachusetts, Boston College in based on relief from any regulatory re- Chestnut Hill, Massachusetts, or the quirements, which the facility expects University of Vermont in Burlington, to be relieved from due to compliance Vermont (‘‘Universities’’); and with the provisions of this section in- (b) It is a laboratory at one of the cluding, but not limited to, the fol- Universities (identified pursuant to lowing: § 262.105(c)(2)(ii)) where laboratory scale
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activities, as defined in § 262.102, result Environmental Management Plan in laboratory waste; and (EMP) means a written program devel- (c) It complies with all the require- oped and implemented by the univer- ments of this subpart. sity which sets forth standards and procedures, responsibilities, pollution § 262.101 What is in this subpart? control equipment, performance cri- This subpart provides a framework teria, resources and work practices for a new management system for that both protect human health and wastes that are generated in Univer- the environment from the hazards pre- sity laboratories. This framework is sented by laboratory wastes within a called the Laboratory Environmental laboratory and between a laboratory and the hazardous waste accumulation Management Standard. The standard area, and satisfies the plan require- includes some specific definitions that ments defined elsewhere in this Sub- apply to the University laboratories. It part. Certain requirements of this plan contains specific requirements for how are satisfied through the use of the to handle laboratory waste that are Chemical Hygiene Plan (see, 29 CFR called Minimum Performance Criteria. 1910.1450), or equivalent, and other rel- The standard identifies the require- evant plans, including a waste mini- ments for developing and imple- mization plan. The elements of the En- menting an environmental manage- vironmental Management Plan must be ment plan. It outlines the responsibil- easily accessible, but may be inte- ities of the management staff of each grated into existing plans, incor- participating university. Finally, the porated as an attachment, or developed standard identifies requirements for as a separate document. training people who will work in the Environmental Objective means an laboratories or manage laboratory overall environmental goal of the orga- waste. This Subpart contains require- nization which is verifiable. ments for RCRA solid and hazardous Environmental Performance means re- waste determination, and cir- sults of the data collected pursuant to cumstances for termination and expira- implementation of the Environmental tion of this pilot. Management Plan as measured against policy, objectives and targets. § 262.102 What special definitions are Environmental Target means an envi- included in this subpart? ronmental performance requirement of For purposes of this subpart, the fol- the organization which is quantifiable, lowing definitions apply: where practicable, verifiable and de- Acutely Hazardous Laboratory Waste signed to be achieved within a specified means a laboratory waste, defined in time frame. the Environmental Management Plan Hazardous Chemical means any chem- as posing significant potential hazards ical which is a physical hazard or a to human health or the environment health hazard. A physical hazard and which must include RCRA ‘‘P’’ means a chemical for which there is wastes, and may include particularly scientifically valid evidence that it is a hazardous substances as designated in combustible liquid, a compressed gas, a University’s Chemical Hygiene Plan explosive, flammable, an organic per- under OSHA, or Extremely Hazardous oxide, an oxidizer, pyrophoric, unstable Substances under the Emergency Plan- (reactive) or water-reactive. A health ning and Community Right to Know hazard means a chemical for which Act. there is statistically significant evi- Emergency means any occurrence dence based on at least one study con- such as, but not limited to, equipment ducted in accordance with established failure, rupture of containers or failure scientific principles that acute or of control equipment which results in chronic health effects may occur in ex- the potential uncontrolled release of a posed employees. The term ‘‘health haz- hazardous chemical into the environ- ard’’ includes chemicals which are car- ment and which requires agency or fire cinogens, toxic or highly toxic agents, department notification and/or report- reproductive toxins, irritants, ing. corrosives, sensitizers, hepatotoxins,
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nephrotoxins, neurotoxins, agents and easily manipulated by one person. which act on the hematopoietic system ‘‘Laboratory Scale’’ excludes those and agents which damage the lungs, workplaces whose function is to skin, eyes or mucous membranes. produce commercial quantities of Hazardous Chemical of Concern means chemicals. a chemical that the organization has Laboratory Waste means a hazardous identified as having the potential to be chemical that results from laboratory of significant risk to human health or scale activities and includes the fol- the environment if not managed in ac- lowing: excess or unused hazardous cordance with procedures or practices chemicals that may or may not be re- defined by the organization. used outside their laboratory of origin; Hazardous Waste Accumulation Area hazardous chemicals determined to be means the on-site area at a University RCRA hazardous waste as defined in 40 where the University will make a solid CFR Part 261; and hazardous chemicals and hazardous waste determination that will be determined not to be with respect to laboratory wastes. RCRA hazardous waste pursuant to In-Line Waste Collection means a sys- § 262.106. tem for the automatic collection of Laboratory Worker means a person laboratory waste which is directly con- who is assigned to handle hazardous nected to or part of a laboratory scale chemicals in the laboratory and may activity and which is constructed or include researchers, students or techni- operated in a manner which prevents cians. the release of any laboratory waste Legal and Other Requirements means therein into the environment during requirements imposed by, or as a result collection. of, governmental permits, govern- Laboratory means, for the purpose of mental laws and regulations, judicial this Subpart, an area within a facility and administrative enforcement or- where the laboratory use of hazardous ders, non-governmental legally en- chemicals occurs. It is a workplace forceable contracts, research grants where relatively small quantities of and agreements, certification specifica- hazardous chemicals are used on a non- tions, formal voluntary commitments production basis. The physical extent and organizational policies and stand- of individual laboratories within an or- ards. ganization will be defined by the Envi- Senior Management means senior per- ronmental Management Plan. A lab- sonnel with overall responsibility, au- oratory may include more than a sin- thority and accountability for man- gle room if the rooms are in the same aging laboratory activities within the building and under the common super- organization. vision of a laboratory supervisor. Universities means the following aca- Laboratory Clean-Out means an eval- demic institutions; University of uation of the chemical inventory of a Vermont, Boston College, and the Uni- laboratory as a result of laboratory versity of Massachusetts Boston, which renovation, relocation or a change in are participants in this Laboratory XL laboratory supervision that may result project and which are subject to the re- in the transfer of laboratory wastes to quirements set forth in this Subpart J. the hazardous waste accumulation area. § 262.103 What is the scope of the lab- Laboratory Environmental Management oratory environmental management Standard means the provisions of this standard? Subpart and includes the requirements The Laboratory Environmental Man- for preparation of Environmental Man- agement Standard will not affect or su- agement Plans and the inclusion of persede any legal requirements other Minimum Performance Criteria within than those described in § 262.10(j). The each Environmental Management requirements that continue to apply Plan. include, but are not limited to, OSHA, Laboratory Scale means work with Fire Codes, wastewater permit limita- substances in which containers used for tions, emergency response notification reactions, transfers and other handling provisions, or other legal requirements of substances are designed to be safely applicable to University laboratories.
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§ 262.104 What are the minimum per- be temporarily held in the laboratory formance criteria? so that the container is not impaired; The Minimum Performance Criteria and that each University must meet in (4) Inspected regularly (at least annu- managing its Laboratory Waste are: ally) to ensure that they meet require- (a) Each University must label all ments for container management. laboratory waste with the general haz- (f) The management of laboratory ard class and either the words ‘‘labora- waste must not result in the release of tory waste’’ or with the chemical name hazardous constituents into the land, of the contents. If the container is too air and water where such release is pro- small to hold a label, the label must be hibited under federal law. placed on a secondary container. (g) The requirements for emergency (b) Each University may temporarily response are: hold up to 55 gallons of laboratory (1) Each University must post notifi- waste or one quart of acutely haz- cation procedures, location of emer- ardous laboratory waste, or weight gency response equipment to be used equivalent, in each laboratory, but by laboratory workers and evacuation upon reaching these thresholds, each procedures; University must mark that laboratory (2) Emergency response equipment waste with the date when this thresh- old requirement was met (by dating the and procedures for emergency response container(s) or secondary container(s)). must be appropriate to the hazards in (c) Each university must remove all the laboratory such that hazards to of the dated laboratory waste from the human health and the environment laboratory for delivery to a location will be minimized in the event of an identified in paragraph (i) of this sec- emergency; tion within 30 days of reaching the (3) In the event of a fire, explosion or threshold amount identified in para- other release of laboratory waste which graph (b) of this section. could threaten human health or the en- (d) In no event shall the excess lab- vironment, the laboratory worker must oratory waste that a laboratory tempo- follow the notification procedures rarily holds before dated laboratory under paragraph (g)(1) of this section. waste is removed exceed an additional (h) Each University must investigate, 55 gallons of laboratory waste (or one document, and take actions to correct additional quart of acutely hazardous and prevent future incidents of haz- laboratory waste). No more than 110 ardous chemical spills, exposures and gallons of laboratory waste total (or no other incidents that trigger a report- more than two quarts of acutely haz- able emergency or that require report- ardous laboratory waste total) may be ing under paragraph (g) of this section. temporarily held in a laboratory at any (i) Each University may only transfer one time. Excess laboratory waste laboratory wastes from a laboratory: must be dated and removed in accord- (1) Directly to an on-site designated ance with the requirements of para- hazardous waste accumulation area. graphs (b) and (c) of this section. Notwithstanding 40 CFR 263.10(a), each (e) Containers of laboratory wastes University must comply with require- must be: (1) Closed at all times except when ments for transporters set forth in 40 wastes are being added to (including CFR 263.30 and 263.31 in the event of a during in-line waste collection) or re- discharge of laboratory waste en route moved from the container; from a laboratory to an on-site haz- (2) Maintained in good condition and ardous waste accumulation area; or stored in the laboratory in a manner to (2) To a treatment, storage or dis- avoid leaks; posal (TSD) facility permitted to han- (3) Compatible with their contents to dle the waste under 40 CFR part 270 or avoid reactions between the waste and in interim status under 40 CFR parts its container; and must be made of, or 265 and 270 (or authorized to handle the lined with, materials which are com- waste by a state with a hazardous patible with the laboratory wastes to waste management program approved
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under 40 CFR part 271) if it is deter- tices, containment strategies and other mined in the laboratory by the individ- control measures. uals identified in § 262.105(b)(3) to be re- (6) A pollution prevention plan, in- sponsible for waste management deci- cluding, but not limited to, roles and sions that the waste is a hazardous responsibilities, training, pollution waste and that it is prudent to transfer prevention activities, and performance it directly to a treatment, storage, and review. disposal facility rather than an on-site (7) A system for conducting and up- accumulation area. dating annual surveys of hazardous (j) Each University must ensure that chemicals of concern and procedures laboratory workers receive training for identifying acutely hazardous lab- and are provided with information so oratory waste. that they can implement and comply (8) The procedures for conducting with these Minimum Performance Cri- laboratory clean-outs with regard to teria. the safe management and disposal of laboratory wastes. § 262.105 What must be included in the (9) The criteria that laboratory work- laboratory environmental manage- ers must comply with for managing, ment plan? containing and labeling laboratory (a) Each University must include spe- wastes, including: an evaluation of the cific measures it will take to protect need for and the use of any special con- human health and the environment tainers or labeling circumstances, and from hazards associated with the man- the use of laboratory wastes secondary agement of laboratory wastes and from containers including packaging, bot- the reuse, recycling or disposal of such tles, or test tube racks. materials outside the laboratory. (10) The procedures relevant to the safe and timely removal of laboratory (b) Each University must write, im- wastes from the laboratory. plement and comply with an Environ- (11) The emergency preparedness and mental Management Plan that includes response procedures to be implemented the following: for laboratory waste. (1) The specific procedures to assure (12) Provisions for information dis- compliance with each of the Minimum semination and training, provided for Performance Criteria set forth in in paragraph (d) of this section. § 262.104. (13) The procedures for the develop- (2) An environmental policy, or envi- ment and approval of changes to the ronmental, health and safety policy, Environmental Management Plan. signed by the University’s senior man- (14) The procedures and work prac- agement, which must include commit- tices for safely transferring or moving ments to regulatory compliance, waste laboratory wastes from a laboratory to minimization, risk reduction and con- a location identified in § 262.104(i). tinual improvement of the environ- (15) The procedures for regularly in- mental management system. specting a laboratory to assess con- (3) A description of roles and respon- formance with the requirements of the sibilities for the implementation and Environmental Management Plan. maintenance of the Laboratory Envi- (16) The procedures for the identifica- ronmental Management Plan. tion of environmental management (4) A system for identifying and plan noncompliance, and the assign- tracking legal and other requirements ment of responsibility, timelines and applicable to laboratory waste, includ- corrective actions to prevent their re- ing the procedures for providing up- occurrence. dates to laboratory supervisors. (17) The record keeping requirements (5) Criteria for the identification of to document conformance with this physical and chemical hazards and the Plan. control measures to reduce the poten- (c) Organizational responsibilities for tial for releases of laboratory wastes to each university. Each University must: the environment, including engineer- (1) Develop and oversee implementa- ing controls, the use of personal pro- tion of its Laboratory Environmental tective equipment and hygiene prac- Management Plan.
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(2) Identify the following: mental Management Plan that are rel- (i) Annual environmental objectives evant to the laboratory workers’ re- and targets; sponsibilities. (ii) Those laboratories covered by the (2) When must each University en- requirements of the Laboratory Envi- sure that laboratory workers receive ronmental Management Plan. training and information? (3) Assign roles and responsibilities (i) Each University must provide the for the effective implementation of the information to each laboratory worker Environmental Management Plan. when he/she is first assigned to a work (4) Determine whether laboratory area where laboratory wastes may be wastes are solid wastes under RCRA generated. and, if so, whether they are hazardous. (ii) Each University must ensure that (5) Develop, implement, and main- each laboratory worker has had train- tain: ing within six months of when he/she is (i) Policies, procedures and practices first assigned to a work area where lab- governing its compliance with the En- oratory wastes may be generated. Each vironmental Management Plan and ap- University must retrain a laboratory plicable federal and state hazardous worker when a laboratory waste poses waste regulations. a new or unique hazard for which the (ii) Procedures to monitor and meas- laboratory worker has not received ure relevant conformance and environ- prior training and as frequently as mental performance data for the pur- needed to maintain knowledge of the pose of supporting continual improve- procedures of the Environmental Man- ment of the Environmental Manage- agement Plan. ment Plan. (3) Each University must provide an (iii) Policies and procedures for man- outline of training and specify who is aging environmental documents and to receive training in its Environ- records applicable to this Environ- mental Management Plan. mental Management Standard. (4) Each University must ensure that (6) Ensure that: laboratory workers are informed of: (i) Its Environmental Management (i) The contents of this Subpart and Plan is available to laboratory work- the Laboratory Environmental Man- ers, vendors, employee representatives, agement Plan(s) for the laboratory(ies) visitors, on-site contractors, and upon in which they will be performing work; request, to governmental representa- (ii) The location and availability of tives. the Environmental Management Plan; (ii) Personnel designated by each (iii) Emergency response measures University to handle laboratory wastes applicable to laboratories; and RCRA hazardous waste receive ap- (iv) Signs and indicators of a haz- propriate training. ardous substance release; (iii) The Environmental Management (v) The location and availability of Plan is reviewed at least annually by known reference materials relevant to senior management to ensure its con- implementation of the Environmental tinuing suitability, adequacy and effec- Management Plan; and tiveness. The reviews may include, but (vi) Environmental training require- not be limited to, a consideration of ments applicable to laboratory work- monitoring and measuring informa- ers. tion, Laboratory Environmental Man- (5) Each University must ensure that agement Standard performance data, Laboratory workers have received assessment and audit results and other training in: relevant information and data. (i) Methods and observations that (d) What are the Information and may be used to detect the presence or Training Requirements for Each Uni- release of a hazardous substance; versity? (ii) The chemical and physical haz- (1) Each University must ensure that ards associated with laboratory wastes laboratory workers receive training in their work area; and are provided with the information (iii) The relevant measures a labora- to understand and implement the ele- tory worker can take to protect human ments of each University’s Environ- health and the environment; and
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(iv) Details of the Environmental (c) Laboratory waste that is deter- Management Plan sufficient to ensure mined to be hazardous waste is no they manage laboratory waste in ac- longer subject to the provisions of this cordance with the requirements of this subpart and must be managed in ac- Subpart. cordance with all applicable provisions (6) Requirements pertaining to Lab- of 40 CFR Parts 260 through 270. oratory visitors: (i) Laboratory visitors, such as on- § 262.107 Under what circumstances will a university’s participation in site contractors or environmental ven- this environmental management dors, that require information and standard pilot be terminated? training under this standard must be identified in the Environmental Man- (a) EPA retains the right to termi- agement Plan. nate a University’s participation in this Laboratory XL project if the Uni- (ii) Laboratory visitors identified in versity: the Environmental Management Plan (1) Is in non-compliance with the must be informed of the existence and Minimum Performance Criteria in location of the Environmental Manage- § 262.104; or ment Plan. (2) Has actual environmental man- (iii) Laboratory visitors identified in agement practices in the laboratory the Environmental Management Plan that do not conform to its Environ- must be informed of relevant policies, mental Management Plan; or procedures or work practices to ensure (3) Is in non-compliance with the compliance with the requirements of Hazardous Waste Determination re- the Environmental Management Plan. quirements of § 262.106. (7) Each University must define (b) In the event of termination, EPA methods of providing objective evi- will provide the University with 15 dence and records of training and infor- days written notice of its intent to ter- mation dissemination in its Environ- minate. During this period, which com- mental Management Plan. mences upon receipt of the notice, the University will have the opportunity to § 262.106 When must a hazardous come back into compliance with the waste determination be made? Minimum Performance Criteria, its (a) For laboratory waste sent from a Environmental Management Plan, or laboratory to an on-site hazardous the requirements for making a haz- waste accumulation area, each Univer- ardous waste determination at § 262.106 sity must evaluate the laboratory or to provide a written explanation as wastes to determine whether they are to why it was not in compliance and solid wastes under RCRA and, if so, de- how it intends to return to compliance. termine pursuant to § 262.11 (a) through If, upon review of the University’s (d) whether they are hazardous wastes, written explanation, EPA then re- as soon as the laboratory wastes reach issues a written notice terminating the the University’s Hazardous Waste Ac- University from this XL Project, the cumulation area(s). At this point each provisions of paragraph (c) of this sec- University must determine whether tion will immediately apply and the the laboratory waste will be reused or University shall have 90 days to come whether it must be managed as RCRA into compliance with the applicable solid or hazardous waste. RCRA requirements deferred by (b) For laboratory waste that will be § 262.10(j). During the 90-day transition sent from a laboratory to a TSD facil- period, the provisions of this subpart ity permitted to handle the waste, each shall continue to apply to the Univer- University must evaluate such labora- sity. tory wastes to determine whether they (c) If a University withdraws from are solid wastes under RCRA and, if so, this XL project, or receives a notice of determine pursuant to § 262.11 (a) termination pursuant to this section, through (d) whether they are hazardous it must submit to EPA and the state a wastes, prior to the 30-day deadline for schedule for returning to full compli- removing dated laboratory waste from ance with RCRA requirements at the the laboratory. laboratory level. The schedule must
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show how the University will return to tation of hazardous waste. EPA’s adoption of full compliance with RCRA within 90 these DOT regulations ensures consistency days from the date of the notice of ter- with the requirements of DOT and thus mination or withdrawal. avoids the establishment of duplicative or conflicting requirements with respect to § 262.108 When will this subpart ex- these matters. These EPA regulations which pire? apply to both interstate and intrastate transportation of hazardous waste are en- This subpart will expire on Sep- forceable by EPA. tember 30, 2003. DOT has revised its hazardous materials transportation regulations in order to en- PART 263—STANDARDS APPLICA- compass the transportation of hazardous waste and to regulate intrastate, as well as BLE TO TRANSPORTERS OF HAZ- interstate, transportation of hazardous ARDOUS WASTE waste. Transporters of hazardous waste are cautioned that DOT’s regulations are fully Subpart A—General applicable to their activities and enforceable by DOT. These DOT regulations are codified Sec. in title 49, Code of Federal Regulations, sub- 263.10 Scope. chapter C. 263.11 EPA identification number. EPA and DOT worked together to develop 263.12 Transfer facility requirements. standards for transporters of hazardous waste in order to avoid conflicting require- Subpart B—Compliance With the Manifest ments. Except for transporters of bulk ship- System and Recordkeeping ments of hazardous waste by water, a trans- 263.20 The manifest system. porter who meets all applicable require- 263.21 Compliance with the manifest. ments of 49 CFR parts 171 through 179 and 263.22 Recordkeeping. the requirements of 40 CFR 263.11 and 263.31 will be deemed in compliance with this part. Subpart C—Hazardous Waste Discharges Regardless of DOT’s action, EPA retains its authority to enforce these regulations. 263.30 Immediate action. 263.31 Discharge clean up. (b) These regulations do not apply to on-site transportation of hazardous AUTHORITY: 42 U.S.C. 6906, 6912, 6922–6925, waste by generators or by owners or 6937, and 6938. operators of permitted hazardous waste SOURCE: 45 FR 33151, May 19, 1980, unless management facilities. otherwise noted. (c) A transporter of hazardous waste must also comply with 40 CFR part 262, Subpart A—General Standards Applicable to Generators of Hazardous Waste, if he: § 263.10 Scope. (1) Transports hazardous waste into (a) These regulations establish stand- the United States from abroad; or ards which apply to persons trans- (2) Mixes hazardous wastes of dif- porting hazardous waste within the ferent DOT shipping descriptions by United States if the transportation re- placing them into a single container. quires a manifest under 40 CFR part (d) A transporter of hazardous waste 262. subject to the Federal manifesting re- NOTE: The regulations set forth in parts 262 quirements of 40 CFR part 262, or sub- and 263 establish the responsibilities of gen- ject to the waste management stand- erators and transporters of hazardous waste ards of 40 CFR part 273, or subject to in the handling, transportation, and manage- ment of that waste. In these regulations, State requirements analogous to 40 EPA has expressly adopted certain regula- CFR part 273, that is being imported tions of the Department of Transportation from or exported to any of the coun- (DOT) governing the transportation of haz- tries listed in 40 CFR 262.58(a)(1) for ardous materials. These regulations concern, purposes of recovery is subject to this among other things, labeling, marking, Subpart and to all other relevant re- placarding, using proper containers, and re- quirements of subpart H of 40 CFR part porting discharges. EPA has expressly adopt- 262, including, but not limited to, 40 ed these regulations in order to satisfy its statutory obligation to promulgate regula- CFR 262.84 for tracking documents. tions which are necessary to protect human (e) The regulations in this part do health and the environment in the transpor- not apply to transportation during an
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explosives or munitions emergency re- CFR 262.20, such waste is also accom- sponse, conducted in accordance with panied by an EPA Acknowledgement of 40 CFR 264.1(g)(8)(i)(D) or (iv) or Consent which, except for shipment by 265.1(c)(11)(i)(D) or (iv), and rail, is attached to the manifest (or 270.1(c)(3)(i)(D) or (iii). shipping paper for exports by water (f) Section 266.203 of this chapter (bulk shipment)). For exports of haz- identifies how the requirements of this ardous waste subject to the require- part apply to military munitions clas- ments of subpart H of 40 CFR part 262, sified as solid waste under 40 CFR a transporter may not accept haz- 266.202. ardous waste without a tracking docu- [45 FR 33151, May 19, 1980, as amended at 45 ment that includes all information re- FR 86968, Dec. 31, 1980; 61 FR 16314, Apr. 12, quired by 40 CFR 262.84. 1996; 62 FR 6651, Feb. 12, 1997] (b) Before transporting the hazardous waste, the transporter must sign and § 263.11 EPA identification number. date the manifest acknowledging ac- (a) A transporter must not transport ceptance of the hazardous waste from hazardous wastes without having re- the generator. The transporter must ceived an EPA identification number return a signed copy to the generator from the Administrator. before leaving the generator’s prop- (b) A transporter who has not re- erty. ceived an EPA identification number (c) The transporter must ensure that may obtain one by applying to the Ad- the manifest accompanies the haz- ministrator using EPA Form 8700–12. ardous waste. In the case of exports, Upon receiving the request, the Admin- the transporter must ensure that a istrator will assign an EPA identifica- copy of the EPA Acknowledgment of tion number to the transporter. Consent also accompanies the haz- ardous waste. § 263.12 Transfer facility requirements. (d) A transporter who delivers a haz- A transporter who stores manifested ardous waste to another transporter or shipments of hazardous waste in con- to the designated facility must: tainers meeting the requirements of (1) Obtain the date of delivery and § 262.30 at a transfer facility for a pe- the handwritten signature of that riod of ten days or less is not subject to transporter or of the owner or operator regulation under parts 270, 264, 265, and of the designated facility on the mani- 268 of this chapter with respect to the fest; and storage of those wastes. (2) Retain one copy of the manifest in accordance with § 263.22; and [45 FR 86968, Dec. 31, 1980, as amended at 48 (3) Give the remaining copies of the FR 14294, Apr. 1, 1983; 51 FR 40637, Nov. 7, manifest to the accepting transporter 1986] or designated facility. (e) The requirements of paragraphs Subpart B—Compliance With the (c), (d) and (f) of this section do not Manifest System and Record- apply to water (bulk shipment) trans- keeping porters if: (1) The hazardous waste is delivered § 263.20 The manifest system. by water (bulk shipment) to the des- (a) A transporter may not accept haz- ignated facility; and ardous waste from a generator unless it (2) A shipping paper containing all is accompanied by a manifest signed in the information required on the mani- accordance with the provisions of 40 fest (excluding the EPA identification CFR 262.20. In the case of exports other numbers, generator certification, and than those subject to subpart H of 40 signatures) and, for exports, an EPA CFR part 262, a transporter may not Acknowledgment of Consent accom- accept such waste from a primary ex- panies the hazardous waste; and porter or other person if he knows the (3) The delivering transporter obtains shipment does not conform to the EPA the date of delivery and handwritten Acknowledgement of Consent; and un- signature of the owner or operator of less, in addition to a manifest signed in the designated facility on either the accordance with the provisions of 40 manifest or the shipping paper; and
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(4) The person delivering the haz- (ii) Retain a copy of the manifest or ardous waste to the initial water (bulk signed shipping paper in accordance shipment) transporter obtains the date with § 263.22. of delivery and signature of the water (4) When delivering hazardous waste (bulk shipment) transporter on the to a non-rail transporter a rail trans- manifest and forwards it to the des- porter must: ignated facility; and (i) Obtain the date of delivery and (5) A copy of the shipping paper or the handwritten signature of the next manifest is retained by each water non-rail transporter on the manifest; (bulk shipment) transporter in accord- and ance with § 263.22. (ii) Retain a copy of the manifest in (f) For shipments involving rail accordance with § 263.22. transportation, the requirements of (5) Before accepting hazardous waste paragraphs (c), (d) and (e) do not apply from a rail transporter, a non-rail and the following requirements do transporter must sign and date the apply: manifest and provide a copy to the rail (1) When accepting hazardous waste transporter. from a non-rail transporter, the initial (g) Transporters who transport haz- rail transporter must: ardous waste out of the United States (i) Sign and date the manifest ac- must: knowledging acceptance of the haz- (1) Indicate on the manifest the date ardous waste; the hazardous waste left the United (ii) Return a signed copy of the mani- States; and fest to the non-rail transporter; (2) Sign the manifest and retain one (iii) Forward at least three copies of copy in accordance with § 263.22(c); and the manifest to: (3) Return a signed copy of the mani- (A) The next non-rail transporter, if fest to the generator; and any; or, (B) The designated facility, if the (4) Give a copy of the manifest to a shipment is delivered to that facility U.S. Customs official at the point of by rail; or departure from the United States. (C) The last rail transporter des- (h) A transporter transporting haz- ignated to handle the waste in the ardous waste from a generator who United States; generates greater than 100 kilograms (iv) Retain one copy of the manifest but less than 1000 kilograms of haz- and rail shipping paper in accordance ardous waste in a calendar month need with § 263.22. not comply with the requirements of (2) Rail transporters must ensure this section or those of § 263.22 provided that a shipping paper containing all that: the information required on the mani- (1) The waste is being transported fest (excluding the EPA identification pursuant to a reclamation agreement numbers, generator certification, and as provided for in § 262.20(e); signatures) and, for exports an EPA (2) The transporter records, on a log Acknowledgment of Consent accom- or shipping paper, the following infor- panies the hazardous waste at all mation for each shipment: times. (i) The name, address, and U.S. EPA NOTE: Intermediate rail transporters are Identification Number of the generator not required to sign either the manifest or of the waste; shipping paper. (ii) The quantity of waste accepted; (3) When delivering hazardous waste (iii) All DOT-required shipping infor- to the designated facility, a rail trans- mation; porter must: (iv) The date the waste is accepted; (i) Obtain the date of delivery and and handwritten signature of the owner or (3) The transporter carries this operator of the designated facility on record when transporting waste to the the manifest or the shipping paper (if reclamation facility; and the manifest has not been received by (4) The transporter retains these the facility); and records for a period of at least three
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years after termination or expiration the shipping paper if signed by the des- of the agreement. ignated facility in lieu of the manifest) [45 FR 33151, May 19, 1980, as amended at 45 for a period of three years from the FR 86973, Dec. 31, 1980; 51 FR 10176, Mar. 24, date the hazardous waste was accepted 1986; 51 FR 28685, Aug. 8, 1986; 61 FR 16315, by the initial transporter. Apr. 12, 1996] NOTE: Intermediate rail transporters are not required to keep records pursuant to § 263.21 Compliance with the manifest. these regulations. (a) The transporter must deliver the (d) A transporter who transports haz- entire quantity of hazardous waste ardous waste out of the United States which he has accepted from a generator must keep a copy of the manifest indi- or a transporter to: (1) The designated facility listed on cating that the hazardous waste left the manifest; or the United States for a period of three (2) The alternate designated facility, years from the date the hazardous if the hazardous waste cannot be deliv- waste was accepted by the initial ered to the designated facility because transporter. an emergency prevents delivery; or (e) The periods of retention referred (3) The next designated transporter; to in this Section are extended auto- or matically during the course of any un- (4) The place outside the United resolved enforcement action regarding States designated by the generator. the regulated activity or as requested (b) If the hazardous waste cannot be by the Administrator. delivered in accordance with paragraph [45 FR 33151, May 19, 1980, as amended at 45 (a) of this section, the transporter FR 86973, Dec. 31, 1980] must contact the generator for further directions and must revise the mani- fest according to the generator’s in- Subpart C—Hazardous Waste structions. Discharges
§ 263.22 Recordkeeping. § 263.30 Immediate action. (a) A transporter of hazardous waste (a) In the event of a discharge of haz- must keep a copy of the manifest ardous waste during transportation, signed by the generator, himself, and the transporter must take appropriate the next designated transporter or the immediate action to protect human owner or operator of the designated fa- health and the environment (e.g., no- cility for a period of three years from tify local authorities, dike the dis- the date the hazardous waste was ac- charge area). cepted by the initial transporter. (b) If a discharge of hazardous waste (b) For shipments delivered to the occurs during transportation and an of- designated facility by water (bulk ship- ficial (State or local government or a ment), each water (bulk shipment) Federal Agency) acting within the transporter must retain a copy of the scope of his official responsibilities de- shipping paper containing all the infor- termines that immediate removal of mation required in § 263.20(e)(2) for a the waste is necessary to protect period of three years from the date the human health or the environment, that hazardous waste was accepted by the official may authorize the removal of initial transporter. the waste by transporters who do not (c) For shipments of hazardous waste have EPA identification numbers and by rail within the United States: (1) The initial rail transporter must without the preparation of a manifest. keep a copy of the manifest and ship- (c) An air, rail, highway, or water ping paper with all the information re- transporter who has discharged haz- quired in § 263.20(f)(2) for a period of ardous waste must: three years from the date the haz- (1) Give notice, if required by 49 CFR ardous waste was accepted by the ini- 171.15, to the National Response Center tial transporter; and (800–424–8802 or 202–426–2675); and (2) The final rail transporter must (2) Report in writing as required by keep a copy of the signed manifest (or 49 CFR 171.16 to the Director, Office of
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Hazardous Materials Regulations, Ma- Subpart D—Contingency Plan and terials Transportation Bureau, Depart- Emergency Procedures ment of Transportation, Washington, 264.50 Applicability. DC 20590. 264.51 Purpose and implementation of con- (d) A water (bulk shipment) trans- tingency plan. porter who has discharged hazardous 264.52 Content of contingency plan. waste must give the same notice as re- 264.53 Copies of contingency plan. quired by 33 CFR 153.203 for oil and haz- 264.54 Amendment of contingency plan. ardous substances. 264.55 Emergency coordinator. 264.56 Emergency procedures. § 263.31 Discharge clean up. Subpart E—Manifest System, A transporter must clean up any haz- Recordkeeping, and Reporting ardous waste discharge that occurs during transportation or take such ac- 264.70 Applicability. tion as may be required or approved by 264.71 Use of manifest system. 264.72 Manifest discrepancies. Federal, State, or local officials so that 264.73 Operating record. the hazardous waste discharge no 264.74 Availability, retention, and disposi- longer presents a hazard to human tion of records. health or the environment. 264.75 Biennial report. 264.76 Unmanifested waste report. PART 264—STANDARDS FOR OWN- 264.77 Additional reports. ERS AND OPERATORS OF HAZ- Subpart F—Releases From Solid Waste ARDOUS WASTE TREATMENT, Management Units STORAGE, AND DISPOSAL FA- 264.90 Applicability. CILITIES 264.91 Required programs. 264.92 Ground-water protection standard. Subpart A—General 264.93 Hazardous constituents. 264.94 Concentration limits. Sec. 264.95 Point of compliance. 264.1 Purpose, scope and applicability. 264.96 Compliance period. 264.2 [Reserved] 264.97 General ground-water monitoring re- 264.3 Relationship to interim status stand- quirements. ards. 264.98 Detection monitoring program. 264.4 Imminent hazard action. 264.99 Compliance monitoring program. 264.100 Corrective action program. Subpart B—General Facility Standards 264.101 Corrective action for solid waste management units. 264.10 Applicability. 264.11 Identification number. Subpart G—Closure and Post-Closure 264.12 Required notices. 264.13 General waste analysis. 264.110 Applicability. 264.111 Closure performance standard. 264.14 Security. 264.112 Closure plan; amendment of plan. 264.15 General inspection requirements. 264.113 Closure; time allowed for closure. 264.16 Personnel training. 264.114 Disposal or decontamination of 264.17 General requirements for ignitable, equipment, structures and soils. reactive, or incompatible wastes. 264.115 Certification of closure. 264.18 Location standards. 264.116 Survey plat. 264.19 Construction quality assurance pro- 264.117 Post-closure care and use of prop- gram. erty. 264.118 Post-closure plan; amendment of Subpart C—Preparedness and Prevention plan. 264.119 Post-closure notices. 264.30 Applicability. 264.120 Certification of completion of post- 264.31 Design and operation of facility. closure care. 264.32 Required equipment. 264.33 Testing and maintenance of equip- Subpart H—Financial Requirements ment. 264.34 Access to communications or alarm 264.140 Applicability. system. 264.141 Definitions of terms as used in this 264.35 Required aisle space. subpart. 264.36 [Reserved] 264.142 Cost estimate for closure. 264.37 Arrangements with local authorities. 264.143 Financial assurance for closure.
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264.144 Cost estimate for post-closure care. 264.231 Special requirements for hazardous 264.145 Financial assurance for post-closure wastes FO20, FO21, FO22, FO23, FO26, and care. FO27. 264.146 Use of a mechanism for financial as- 264.232 Air emission standards. surance of both closure and post-closure care. Subpart L—Waste Piles 264.147 Liability requirements. 264.148 Incapacity of owners or operators, 264.250 Applicability. guarantors, or financial institutions. 264.251 Design and operating requirements. 264.149 Use of State-required mechanisms. 264.252 Action leakage rate. 264.150 State assumption of responsibility. 254.253 Response actions. 264.151 Wording of the instruments. 264.254 Monitoring and inspection. 264.255 [Reserved] Subpart I—Use and Management of 264.256 Special requirements for ignitable or Containers reactive waste. 264.257 Special requirements for incompat- 264.170 Applicability. ible wastes. 264.171 Condition of containers. 264.258 Closure and post-closure care. 264.172 Compatibility of waste with con- 264.259 Special requirements for hazardous tainers. wastes FO20, FO21, FO22, FO23, FO26, and 264.173 Management of containers. FO27. 264.174 Inspections. 264.175 Containment. Subpart M—Land Treatment 264.176 Special requirements for ignitable or reactive waste. 264.270 Applicability. 264.177 Special requirements for incompat- 264.271 Treatment program. ible wastes. 264.272 Treatment demonstration. 264.178 Closure. 264.273 Design and operating requirements. 264.179 Air emission standards. 264.274—264.275 [Reserved] 264.276 Food-chain crops. Subpart J—Tank Systems 264.277 [Reserved] 264.278 Unsaturated zone monitoring. 264.190 Applicability. 264.279 Recordkeeping. 264.191 Assessment of existing tank sys- 264.280 Closure and post-closure care. tem’s integrity. 264.281 Special requirements for ignitable or 264.192 Design and installation of new tank reactive waste. systems or components. 264.282 Special requirements for incompat- 264.193 Containment and detection of re- ible wastes. leases. 264.283 Special requirements for hazardous 264.194 General operating requirements. wastes FO20, FO21, FO22, FO23, FO26, and 264.195 Inspections. FO27. 264.196 Response to leaks or spills and dis- position of leaking or unfit-for-use tank Subpart N—Landfills systems. 264.197 Closure and post-closure care. 264.300 Applicability. 264.198 Special requirements for ignitable or 264.301 Design and operating requirements. reactive wastes. 264.302 Action leakage rate. 264.199 Special requirements for incompat- 264.303 Monitoring and inspection. ible wastes. 264.304 Response actions. 264.200 Air emission standards. 264.305—264.308 [Reserved] 264.309 Surveying and recordkeeping. Subpart K—Surface Impoundments 264.310 Closure and post-closure care. 264.311 [Reserved] 264.220 Applicability. 264.312 Special requirements for ignitable or 264.221 Design and operating requirements. reactive waste. 264.222 Action leakage rate. 264.313 Special requirements for incompat- 264.223 Response actions. ible wastes. 264.224—264.225 [Reserved] 264.314 Special requirements for bulk and 264.226 Monitoring and inspection. containerized liquids. 264.227 Emergency repairs; contingency 264.315 Special requirements for containers. plans. 264.316 Disposal of small containers of haz- 264.228 Closure and post-closure care. ardous waste in overpacked drums (lab 264.229 Special requirements for ignitable or packs). reactive waste. 264.317 Special requirements for hazardous 264.230 Special requirements for incompat- wastes FO20, FO21, FO22, FO23, FO26, and ible wastes. FO27.
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Subpart O—Incinerators 264.1052 Standards: Pumps in light liquid service. 264.340 Applicability. 264.1053 Standards: Compressors. 264.341 Waste analysis. 264.1054 Standards: Pressure relief devices 264.342 Principal organic hazardous con- in gas/vapor service. stituents (POHCs). 264.1055 Standards: Sampling connection 264.343 Performance standards. systems. 264.344 Hazardous waste incinerator per- 264.1056 Standards: Open-ended valves or mits. lines. 264.345 Operating requirements. 264.1057 Standards: Valves in gas/vapor serv- 264.346 [Reserved] ice or in light liquid service. 264.347 Monitoring and inspections. 264.1058 Standards: Pumps and valves in 264.348—264.350 [Reserved] heavy liquid service, pressure relief de- 264.351 Closure. vices in light liquid or heavy liquid serv- ice, and flanges and other connectors. Subparts P–R [Reserved] 264.1059 Standards: Delay of repair. 264.1060 Standards: Closed-vent systems and Subpart S—Corrective Action for Solid control devices. Waste Management Units 264.1061 Alternative standards for valves in gas/vapor service or in light liquid serv- 264.552 Corrective Action Management ice: percentage of valves allowed to leak. Units (CAMU). 264.1062 Alternative standards for valves in 264.553 Temporary Units (TU). gas/vapor service or in light liquid serv- 264.554 Staging piles. ice: skip period leak detection and re- pair. Subparts T–V [Reserved] 264.1063 Test methods and procedures. 264.1064 Recordkeeping requirements. Subpart W—Drip Pads 264.1065 Reporting requirements. 264.1066–264.1079 [Reserved] 264.570 Applicability. 264.571 Assessment of existing drip pad in- Subpart CC—Air Emission Standards for tegrity. 264.572 Design and installation of new drip Tanks, Surface Impoundments, and pads. Containers 264.573 Design and operating requirements. 264.1080 Applicability. 264.574 Inspections. 264.1081 Definitions. 264.575 Closure. 264.1082 Standards: General. 264.1083 Waste determination procedures. Subpart X—Miscellaneous Units 264.1084 Standards: Tanks. 264.600 Applicability. 264.1085 Standards: Surface impoundments. 264.601 Environmental performance stand- 264.1086 Standards: Containers. ards. 264.1087 Standards: Closed-vent systems and 264.602 Monitoring, analysis, inspection, re- control devices. sponse, reporting, and corrective action. 264.1088 Inspection and monitoring require- 264.603 Post-closure care. ments. 264.1089 Recordkeeping requirements. Subparts Y–Z [Reserved] 264.1090 Reporting requirements. 264.1091 [Reserved] Subpart AA—Air Emission Standards for Subpart DD—Containment Buildings Process Vents 264.1100 Applicability. 264.1030 Applicability. 264.1101 Design and operating standards. 264.1031 Definitions. 264.1102 Closure and post-closure care. 264.1032 Standards: Process vents. 264.1103—264.1110 [Reserved] 264.1033 Standards: Closed-vent systems and control devices. Subpart EE—Hazardous Waste Munitions 264.1034 Test methods and procedures. 264.1035 Recordkeeping requirements. and Explosives Storage 264.1036 Reporting requirements. 264.1200 Applicability. 264.1037—264.1049 [Reserved] 264.1201 Design and operating standards. 264.1202 Closure and post-closure care. Subpart BB—Air Emission Standards for Equipment Leaks APPENDICES TO PART 264
264.1050 Applicability. APPENDIX I—RECORDKEEPING INSTRUCTIONS 264.1051 Definitions. APPENDICES II—III [RESERVED]
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APPENDIX IV—COCHRAN’S APPROXIMATION TO of hazardous waste only to the extent THE BEHRENS-FISHER STUDENTS’ T-TEST they are included in a RCRA permit by APPENDIX V—EXAMPLES OF POTENTIALLY IN- rule granted to such a person under COMPATIBLE WASTE part 270 of this chapter. APPENDIX VI—POLITICAL JURISDICTIONS IN WHICH COMPLIANCE WITH§ 264.18(A) MUST (f) The requirements of this part do BE DEMONSTRATED not apply to a person who treats, APPENDICES VII—VIII [RESERVED] stores, or disposes of hazardous waste APPENDIX IX—GROUND-WATER MONITORING in a State with a RCRA hazardous LIST waste program authorized under sub- AUTHORITY: 42 U.S.C. 6905, 6912(a), 6924, and part A of part 271 of this chapter, or in 6925. a State authorized under subpart B of SOURCE: 45 FR 33221, May 19, 1980, unless part 271 of this chapter for the compo- otherwise noted. nent or components of Phase II interim authorization which correspond to the Subpart A—General person’s treatment, storage or disposal processes; except that this part will § 264.1 Purpose, scope and applica- apply: bility. (1) As stated in paragraph (d) of this (a) The purpose of this part is to es- section, if the authorized State RCRA tablish minimum national standards program does not cover disposal of haz- which define the acceptable manage- ardous waste by means of underground ment of hazardous waste. injection; and (b) The standards in this part apply (2) To a person who treats, stores or to owners and operators of all facilities disposes of hazardous waste in a State which treat, store, or dispose of haz- authorized under subpart A of part 271 ardous waste, except as specifically of this chapter, at a facility which was provided otherwise in this part or part not covered by standards under this 261 of this chapter. part when the State obtained author- (c) The requirements of this part ization, and for which EPA promul- apply to a person disposing of haz- gates standards under this part after ardous waste by means of ocean dis- the State is authorized. This paragraph posal subject to a permit issued under will only apply until the State is au- the Marine Protection, Research, and thorized to permit such facilities under Sanctuaries Act only to the extent subpart A of part 271 of this chapter. they are included in a RCRA permit by (3) To a person who treats, stores, or rule granted to such a person under disposes of hazardous waste in a State part 270 of this chapter. which is authorized under subpart A or B of part 271 of this chapter if the [Comment: These part 264 regulations do apply to the treatment or storage of haz- State has not been authorized to carry ardous waste before it is loaded onto an out the requirements and prohibitions ocean vessel for incineration or disposal at applicable to the treatment, storage, or sea.] disposal of hazardous waste at his facil- ity which are imposed pursuant to the (d) The requirements of this part Hazardous and Solid Waste Amend- apply to a person disposing of haz- ments of 1984. The requirements and ardous waste by means of underground prohibitions that are applicable until a injection subject to a permit issued State receives authorization to carry under an Underground Injection Con- them out include all Federal program trol (UIC) program approved or promul- requirements identified in § 271.1(j). gated under the Safe Drinking Water (g) The requirements of this part do Act only to the extent they are re- not apply to: quired by § 144.14 of this chapter. (1) The owner or operator of a facility [Comment: These part 264 regulations do permitted, licensed, or registered by a apply to the above-ground treatment or stor- State to manage municipal or indus- age of hazardous waste before it is injected trial solid waste, if the only hazardous underground.] waste the facility treats, stores, or dis- (e) The requirements of this part poses of is excluded from regulation apply to the owner or operator of a under this part by § 261.5 of this chap- POTW which treats, stores, or disposes ter;
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(2) The owner or operator of a facility tivities after the immediate response is managing recyclable materials de- over is subject to all applicable re- scribed in § 261.6 (a)(2), (3), and (4) of quirements of this part and parts 122 this chapter (except to the extent they through 124 of this chapter for those are referred to in part 279 or subparts activities. C, D, F, or G of part 266 of this chap- (iv) In the case of an explosives or ter). munitions emergency response, if a (3) A generator accumulating waste Federal, State, Tribal or local official on-site in compliance with § 262.34 of acting within the scope of his or her of- this chapter; ficial responsibilities, or an explosives (4) A farmer disposing of waste pes- or munitions emergency response spe- ticides from his own use in compliance cialist, determines that immediate re- with § 262.70 of this chapter; or (5) 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 (6) 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 in § 260.10 of this chapter, provided that and without the preparation of a mani- if the owner or operator is diluting haz- fest. In the case of emergencies involv- ardous ignitable (D001) wastes (other ing military munitions, the responding than the D001 High TOC Subcategory military emergency response special- defined in § 268.40 of this chapter, Table ist’s organizational unit must retain Treatment Standards for Hazardous records for three years identifying the Wastes), or reactive (D003) waste, to re- dates of the response, the responsible move the characteristic before land persons responding, the type and de- disposal, the owner/operator must com- scription of material addressed, and its ply with the requirements set out in disposition. § 264.17(b). (9) A transporter storing manifested (7) [Reserved] shipments of hazardous waste in con- (8)(i) Except as provided in paragraph tainers meeting the requirements of 40 (g)(8)(ii) of this section, a person en- CFR 262.30 at a transfer facility for a gaged in treatment or containment ac- period of ten days or less. tivities during immediate response to any of the following situations: (10) The addition of absorbent mate- (A) A discharge of a hazardous waste; rial to waste in a container (as defined (B) An imminent and substantial in § 260.10 of this chapter) or the addi- threat of a discharge of hazardous tion of waste to absorbent material in waste; a container, provided that these ac- (C) A discharge of a material which, tions occur at the time waste is first when discharged, becomes a hazardous placed in the container; and §§ 264.17(b), waste. 264.171, and 264.172 are complied with. (D) An immediate threat to human (11) Universal waste handlers and health, public safety, property, or the universal waste transporters (as de- environment, from the known or sus- fined in 40 CFR 260.10) handling the pected presence of military munitions, wastes listed below. These handlers are other explosive material, or an explo- subject to regulation under 40 CFR sive device, as determined by an explo- part 273, when handling the below list- sive or munitions emergency response ed universal wastes. specialist as defined in 40 CFR 260.10. (i) Batteries as described in 40 CFR (ii) An owner or operator of a facility 273.2; otherwise regulated by this part must (ii) Pesticides as described in § 273.3 comply with all applicable require- of this chapter; ments of subparts C and D. (iii) Any person who is covered by (iii) Thermostats as described in paragraph (g)(8)(i) of this section and § 273.4 of this chapter; and who continues or initiates hazardous (iv) Lamps as described in § 273.5 of waste treatment or containment ac- this chapter.
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(12) A New York State Utility central tive portion of the remediation waste collection facility consolidating haz- management site will not injure people ardous waste in accordance with 40 or livestock who may enter the active CFR 262.90. portion of the remediation waste man- (h) The requirements of this part agement site; and apply to owners or operators of all fa- (ii) Disturbance of the waste or cilities which treat, store, or dispose of equipment by people or livestock who hazardous wastes referred to in part enter onto the active portion of the re- 268. mediation waste management site, will (i) Section 266.205 of this chapter not cause a violation of the require- identifies when the requirements of ments of this part; this part apply to the storage of mili- (4) Inspect the remediation waste tary munitions classified as solid waste management site for malfunctions, de- under § 266.202 of this chapter. The terioration, operator errors, and dis- treatment and disposal of hazardous charges that may be causing, or may waste military munitions are subject lead to, a release of hazardous waste to the applicable permitting, proce- constituents to the environment, or a dural, and technical standards in 40 threat to human health. The owner or CFR parts 260 through 270. operator must conduct these inspec- (j) The requirements of subparts B, C, tions often enough to identify problems and D of this part and § 264.101 do not in time to correct them before they apply to remediation waste manage- harm human health or the environ- ment sites. (However, some remedi- ment, and must remedy the problem ation waste management sites may be before it leads to a human health or en- a part of a facility that is subject to a vironmental hazard. Where a hazard is traditional RCRA permit because the imminent or has already occurred, the facility is also treating, storing or dis- owner/operator must take remedial ac- posing of hazardous wastes that are not tion immediately; remediation wastes. In these cases, (5) Provide personnel with classroom Subparts B, C, and D of this part, and § 264.101 do apply to the facility subject or on-the-job training on how to per- to the traditional RCRA permit.) In- form their duties in a way that ensures stead of the requirements of subparts the remediation waste management B, C, and D of this part, owners or oper- site complies with the requirements of ators of remediation waste manage- this part, and on how to respond effec- ment sites must: tively to emergencies; (1) Obtain an EPA identification (6) Take precautions to prevent acci- number by applying to the Adminis- dental ignition or reaction of ignitable trator using EPA Form 8700–12; or reactive waste, and prevent threats (2) Obtain a detailed chemical and to human health and the environment physical analysis of a representative from ignitable, reactive and incompat- sample of the hazardous remediation ible waste; wastes to be managed at the site. At a (7) For remediation waste manage- minimum, the analysis must contain ment sites subject to regulation under all of the information which must be subparts I through O and subpart X of known to treat, store or dispose of the this part, the owner/operator must de- waste according to this part and part sign, construct, operate, and maintain 268 of this chapter, and must be kept a unit within a 100-year floodplain to accurate and up to date; prevent washout of any hazardous (3) Prevent people who are unaware waste by a 100-year flood, unless the of the danger from entering, and mini- owner/operator can meet the dem- mize the possibility for unauthorized onstration of § 264.18(b); people or livestock to enter onto the (8) Not place any non-containerized active portion of the remediation waste or bulk liquid hazardous waste in any management site, unless the owner or salt dome formation, salt bed forma- operator can demonstrate to the Direc- tion, underground mine or cave; tor that: (9) Develop and maintain a construc- (i) Physical contact with the waste, tion quality assurance program for all structures, or equipment within the ac- surface impoundments, waste piles and
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landfill units that are required to com- (13) Maintain records documenting ply with §§ 264.221(c) and (d), 264.251(c) compliance with paragraphs (j)(1) and (d), and 264.301(c) and (d) at the re- through (j)(12) of this section. mediation waste management site, ac- [45 FR 33221, May 19, 1980, as amended at 45 cording to the requirements of § 264.19; FR 76075, Nov. 17, 1980; 45 FR 86968, Dec. 31, (10) Develop and maintain procedures 1980; 46 FR 27480, May 20, 1981; 47 FR 8306, to prevent accidents and a contingency Feb. 25, 1982; 47 FR 32384, July 26, 1982; 48 FR and emergency plan to control acci- 2511, Jan. 19, 1983; 48 FR 14294, Apr. 1, 1983; 50 dents that occur. These procedures FR 665, Jan. 4, 1985; 50 FR 28746, July 15, 1985; must address proper design, construc- 52 FR 21016, June 4, 1987; 53 FR 27165, July 19, tion, maintenance, and operation of re- 1988; 58 FR 26424, May 3, 1993; 58 FR 29884, mediation waste management units at May 24, 1993; 59 FR 48042, Sept. 19, 1994; 60 FR 25542, May 11, 1995; 62 FR 6651, Feb. 12, 1997; the site. The goal of the plan must be 63 FR 65938, Nov. 30, 1998; 64 FR 36487, July 6, to minimize the possibility of, and the 1999; 64 FR 37638, July 12, 1999] hazards from a fire, explosion, or any unplanned sudden or non-sudden re- § 264.2 [Reserved] lease of hazardous waste or hazardous waste constituents to air, soil, or sur- § 264.3 Relationship to interim status face water that could threaten human standards. health or the environment. The plan A facility owner or operator who has must explain specifically how to treat, fully complied with the requirements store and dispose of the hazardous re- for interim status—as defined in sec- mediation waste in question, and must tion 3005(e) of RCRA and regulations be implemented immediately whenever under § 270.70 of this chapter—must a fire, explosion, or release of haz- comply with the regulations specified ardous waste or hazardous waste con- in part 265 of this chapter in lieu of the stituents which could threaten human regulations in this part, until final ad- health or the environment; ministrative disposition of his permit (11) Designate at least one employee, application is made, except as provided either on the facility premises or on under 40 CFR part 264 subpart S. call (that is, available to respond to an [Comment: As stated in section 3005(a) of emergency by reaching the facility RCRA, after the effective date of regulations quickly), to coordinate all emergency under that section, i.e., parts 270 and 124 of response measures. This emergency co- this chapter, the treatment, storage, or dis- ordinator must be thoroughly familiar posal of hazardous waste is prohibited except with all aspects of the facility’s contin- in accordance with a permit. Section 3005(e) gency plan, all operations and activi- of RCRA provides for the continued oper- ties at the facility, the location and ation of an existing facility which meets cer- characteristics of waste handled, the tain conditions until final administrative location of all records within the facil- disposition of the owner’s or operator’s per- mit application is made.] ity, and the facility layout. In addi- tion, this person must have the author- [45 FR 33221, May 19, 1980, as amended at 48 ity to commit the resources needed to FR 14294, Apr. 1, 1983; 58 FR 8683, Feb. 16, carry out the contingency plan; 1993] (12) Develop, maintain and imple- ment a plan to meet the requirements § 264.4 Imminent hazard action. in paragraphs (j)(2) through (j)(6) and Notwithstanding any other provi- (j)(9) through (j)(10) of this section; and sions of these regulations, enforcement actions may be brought purusant to section 7003 of RCRA.
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Subpart B—General Facility ator) must inform the generator in Standards writing that he has the appropriate permit(s) for, and will accept, the § 264.10 Applicability. waste the generator is shipping. The (a) The regulations in this subpart owner or operator must keep a copy of apply to owners and operators of all this written notice as part of the oper- hazardous waste facilities, except as ating record. (c) Before transferring ownership or provided in § 264.1 and in paragraph (b) operation of a facility during its oper- of this section. (b) Section 264.18(b) applies only to ating life, or of a disposal facility dur- facilities subject to regulation under ing the post-closure care period, the subparts I through O and subpart X of owner or operator must notify the new this part. owner or operator in writing of the re- quirements of this part and part 270 of [46 FR 2848, Jan. 12, 1981, as amended at 52 this chapter. FR 46963, Dec. 10, 1987] [Comment: An owner’s or operator’s failure to § 264.11 Identification number. notify the new owner or operator of the re- quirements of this part in no way relieves Every facility owner or operator the new owner or operator of his obligation must apply to EPA for an EPA identi- to comply with all applicable requirements.] fication number in accordance with the EPA notification procedures (45 FR [45 FR 33221, May 19, 1980, as amended at 48 12746). FR 14294, Apr. 1, 1983; 50 FR 4514, Jan. 31, 1985; 61 FR 16315, Apr. 12, 1996] [45 FR 33221, May 19, 1980, as amended at 50 FR 4514, Jan. 31, 1985] § 264.13 General waste analysis. § 264.12 Required notices. (a)(1) Before an owner or operator treats, stores, or disposes of any haz- (a)(1) The owner or operator of a fa- ardous wastes, or nonhazardous wastes cility that has arranged to receive haz- if applicable under § 264.113(d), he must ardous waste from a foreign source obtain a detailed chemical and phys- must notify the Regional Adminis- ical analysis of a representative sample trator in writing at least four weeks in of the wastes. At a minimum, the anal- advance of the date the waste is ex- ysis must contain all the information pected to arrive at the facility. Notice which must be known to treat, store, of subsequent shipments of the same or dispose of the waste in accordance waste from the same foreign source is with this part and part 268 of this chap- not required. ter. (2) The owner or operator of a recov- (2) The analysis may include data de- ery facility that has arranged to re- veloped under part 261 of this chapter, ceive hazardous waste subject to 40 and existing published or documented CFR part 262, subpart H must provide a data on the hazardous waste or on haz- copy of the tracking document bearing ardous waste generated from similar all required signatures to the notifier, processes. to the Office of Enforcement and Com- pliance Assurance, Office of Compli- [1: For example, the facility’s records of ance, Enforcement Planning, Targeting analyses performed on the waste before the and Data Division (2222A), Environ- effective date of these regulations, or studies conducted on hazardous waste generated mental Protection Agency, 401 M St., from processes similar to that which gen- SW., Washington, DC 20460; and to the erated the waste to be managed at the facil- competent authorities of all other con- ity, may be included in the data base re- cerned countries within three working quired to comply with paragraph (a)(1) of days of receipt of the shipment. The this section. The owner or operator of an off- original of the signed tracking docu- site facility may arrange for the generator of ment must be maintained at the facil- the hazardous waste to supply part of the in- ity for at least three years. formation required by paragraph (a)(1) of this section, except as otherwise specified in (b) The owner or operator of a facil- 40 CFR 268.7 (b) and (c). If the generator does ity that receives hazardous waste from not supply the information, and the owner or an off-site source (except where the operator chooses to accept a hazardous owner or operator is also the gener- waste, the owner or operator is responsible
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for obtaining the information required to viewed or repeated to ensure that the comply with this section.] analysis is accurate and up to date; and (3) The analysis must be repeated as (5) For off-site facilities, the waste necessary to ensure that it is accurate analyses that hazardous waste genera- and up to date. At a minimum, the tors have agreed to supply. analysis must be repeated: (6) Where applicable, the methods (i) When the owner or operator is no- that will be used to meet the addi- tified, or has reason to believe, that tional waste analysis requirements for the process or operation generating the specific waste management methods as hazardous wastes, or non-hazardous specified in §§ 264.17, 264.314, 264.341, wastes if applicable under § 264.113(d), 264.1034(d), 264.1063(d), 264.1083, and 268.7 has changed; and of this chapter. (ii) For off-site facilities, when the (7) For surface impoundments ex- results of the inspection required in empted from land disposal restrictions paragraph (a)(4) of this section indicate under § 268.4(a), the procedures and that the hazardous waste received at schedules for: the facility does not match the waste (i) The sampling of impoundment designated on the accompanying mani- contents; fest or shipping paper. (ii) The analysis of test data; and, (4) The owner or operator of an off- (iii) The annual removal of residues site facility must inspect and, if nec- which are not delisted under § 260.22 of essary, analyze each hazardous waste this chapter or which exhibit a char- movement received at the facility to acteristic of hazardous waste and ei- determine whether it matches the iden- ther: tity of the waste specified on the ac- (A) Do not meet applicable treatment companying manifest or shipping standards of part 268, subpart D; or paper. (B) Where no treatment standards (b) The owner or operator must de- have been established; velop and follow a written waste anal- (1) Such residues are prohibited from ysis plan which describes the proce- land disposal under § 268.32 or RCRA dures which he will carry out to com- section 3004(d); or ply with paragraph (a) of this section. (2) Such residues are prohibited from He must keep this plan at the facility. land disposal under § 268.33(f). At a minimum, the plan must specify: (8) For owners and operators seeking (1) The parameters for which each an exemption to the air emission hazardous waste, or non-hazardous standards of subpart CC in accordance waste if applicable under § 264.113(d), with § 264.1082— will be analyzed and the rationale for (i) If direct measurement is used for the selection of these parameters (i.e., the waste determination, the proce- how analysis for these parameters will dures and schedules for waste sampling provide sufficient information on the and analysis, and the results of the waste’s properties to comply with para- analysis of test data to verify the ex- graph (a) of this section); emption. (2) The test methods which will be (ii) If knowledge of the waste is used used to test for these parameters; for the waste determination, any infor- (3) The sampling method which will mation prepared by the facility owner be used to obtain a representative sam- or operator or by the generator of the ple of the waste to be analyzed. A rep- hazardous waste, if the waste is re- resentative sample may be obtained ceived from off-site, that is used as the using either: basis for knowledge of the waste. (i) One of the sampling methods de- (c) For off-site facilities, the waste scribed in appendix I of part 261 of this analysis plan required in paragraph (b) chapter; or of this section must also specify the (ii) An equivalent sampling method. procedures which will be used to in- [Comment: See § 260.21 of this chapter for re- spect and, if necessary, analyze each lated discussion.] movement of hazardous waste received at the facility to ensure that it (4) The frequency with which the ini- matches the identity of the waste des- tial analysis of the waste will be re- ignated on the accompanying manifest
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or shipping paper. At a minimum, the (1) A 24-hour surveillance system plan must describe: (e.g., television monitoring or surveil- (1) The procedures which will be used lance by guards or facility personnel) to determine the identity of each which continuously monitors and con- movement of waste managed at the fa- trols entry onto the active portion of cility; and the facility; or (2) The sampling method which will (2)(i) An artificial or natural barrier be used to obtain a representative sam- (e.g., a fence in good repair or a fence ple of the waste to be identified, if the combined with a cliff), which com- identification method includes sam- pling. pletely surrounds the active portion of (3) The procedures that the owner or the facility; and operator of an off-site landfill receiving (ii) A means to control entry, at all containerized hazardous waste will use times, through the gates or other en- to determine whether a hazardous trances to the active portion of the fa- waste generator or treater has added a cility (e.g., an attendant, television biodegradable sorbent to the waste in monitors, locked entrance, or con- the container. trolled roadway access to the facility). [Comment: Part 270 of this chapter requires [Comment: The requirements of paragraph (b) that the waste analysis plan be submitted of this section are satisfied if the facility or with part B of the permit application.] plant within which the active portion is lo- [45 FR 33221, May 19, 1980, as amended at 46 cated itself has a surveillance system, or a FR 2848, Jan. 12, 1981; 50 FR 4514, Jan. 31, barrier and a means to control entry, which 1985; 51 FR 40637, Nov. 7, 1986; 53 FR 31211, complies with the requirements of paragraph Aug. 17, 1988; 54 FR 33394, Aug. 14, 1989; 55 FR (b) (1) or (2) of this section.] 22685, June 1, 1990; 55 FR 25494, June 21, 1990; 57 FR 8088, Mar. 6, 1992; 57 FR 54460, Nov. 18, (c) Unless the owner or operator has 1992; 59 FR 62926, Dec. 6, 1994; 61 FR 4911, Feb. made a successful demonstration under 9, 1996] paragraphs (a) (1) and (2) of this sec- tion, a sign with the legend, ‘‘Danger— § 264.14 Security. Unauthorized Personnel Keep Out’’, (a) The owner or operator must pre- must be posted at each entrance to the vent the unknowing entry, and mini- active portion of a facility, and at mize the possibility for the unauthor- other locations, in sufficient numbers ized entry, of persons or livestock onto to be seen from any approach to this the active portion of his facility, unless active portion. The legend must be he can demonstrate to the Regional written in English and in any other Administrator that: language predominant in the area sur- (1) Physical contact with the waste, rounding the facility (e.g., facilities in structures, or equipment within the ac- counties bordering the Canadian prov- tive portion of the facility will not in- ince of Quebec must post signs in jure unknowing or unauthorized per- French; facilities in counties bordering sons or livestock which may enter the Mexico must post signs in Spanish), active portion of a facility; and and must be legible from a distance of (2) Disturbance of the waste or equip- at least 25 feet. Existing signs with a ment, by the unknowing or unauthor- ized entry of persons or livestock onto legend other than ‘‘Danger—Unauthor- the active portion of a facility, will not ized Personnel Keep Out’’ may be used cause a violation of the requirements if the legend on the sign indicates that of this part. only authorized personnel are allowed to enter the active portion, and that [Comment: Part 270 of this chapter requires entry onto the active portion can be that an owner or operator who wishes to dangerous. make the demonstration referred to above must do so with part B of the permit applica- [Comment: See § 264.117(b) for discussion of se- tion.] curity requirements at disposal facilities (b) Unless the owner or operator has during the post-closure care period.] made a successful demonstration under [45 FR 33221, May 19, 1980, as amended at 46 paragraphs (a) (1) and (2) of this sec- FR 2848, Jan. 12, 1981; 48 FR 14294, Apr. 1, tion, a facility must have: 1983; 50 FR 4514, Jan. 31, 1985]
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§ 264.15 General inspection require- of equipment or structures which the ments. inspection reveals on a schedule which (a) The owner or operator must in- ensures that the problem does not lead spect his facility for malfunctions and to an environmental or human health deterioration, operator errors, and dis- hazard. Where a hazard is imminent or charges which may be causing—or may has already occurred, remedial action lead to—(1) release of hazardous waste must be taken immediately. constituents to the environment or (2) (d) The owner or operator must a threat to human health. The owner record inspections in an inspection log or operator must conduct these inspec- or summary. He must keep these tions often enough to identify problems records for at least three years from in time to correct them before they the date of inspection. At a minimum, harm human health or the environ- these records must include the date ment. and time of the inspection, the name of (b)(1) The owner or operator must de- the inspector, a notation of the obser- velop and follow a written schedule for vations made, and the date and nature inspecting monitoring equipment, safe- of any repairs or other remedial ac- ty and emergency equipment, security tions. devices, and operating and structural [45 FR 33221, May 19, 1980, as amended at 48 equipment (such as dikes and sump FR 14294, Apr. 1, 1983; 50 FR 4514, Jan. 31, pumps) that are important to pre- 1985; 57 FR 3486, Jan. 29, 1992; 59 FR 62926, venting, detecting, or responding to en- Dec. 6, 1994; 62 FR 64656, Dec. 8, 1997] vironmental or human health hazards. (2) He must keep this schedule at the § 264.16 Personnel training. facility. (a)(1) Facility personnel must suc- (3) The schedule must identify the cessfully complete a program of class- types of problems (e.g., malfunctions or deterioration) which are to be looked room instruction or on-the-job training for during the inspection (e.g., inoper- that teaches them to perform their du- ative sump pump, leaking fitting, erod- ties in a way that ensures the facility’s ing dike, etc.). compliance with the requirements of (4) The frequency of inspection may this part. The owner or operator must vary for the items on the schedule. ensure that this program includes all However, the frequency should be based the elements described in the docu- on the rate of deterioration of the ment required under paragraph (d)(3) of equipment and the probability of an this section. environmental or human health inci- [Comment: Part 270 of this chapter requires dent if the deterioration, malfunction, that owners and operators submit with part or any operator error goes undetected B of the RCRA permit application, an out- between inspections. Areas subject to line of the training program used (or to be spills, such as loading and unloading used) at the facility and a brief description areas, must be inspected daily when in of how the training program is designed to meet actual job tasks.] use. At a minimum, the inspection schedule must include the items and (2) This program must be directed by frequencies called for in §§ 264.174, a person trained in hazardous waste 264.193, 264.195, 264.226, 264.254, 264.278, management procedures, and must in- 264.303, 264.347, 264.602, 264.1033, 264.1052, clude instruction which teaches facil- 264.1053, 264.1058, and 264.1083 through ity personnel hazardous waste manage- 264.1089 of this part, where applicable. ment procedures (including contin- gency plan implementation) relevant [Comment: Part 270 of this chapter requires the inspection schedule to be submitted with to the positions in which they are em- part B of the permit application. EPA will ployed. evaluate the schedule along with the rest of (3) At a minimum, the training pro- the application to ensure that it adequately gram must be designed to ensure that protects human health and the environment. facility personnel are able to respond As part of this review, EPA may modify or effectively to emergencies by familiar- amend the schedule as may be necessary.] izing them with emergency procedures, (c) The owner or operator must rem- emergency equipment, and emergency edy any deterioration or malfunction systems, including, where applicable:
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(i) Procedures for using, inspecting, three years from the date the employee repairing, and replacing facility emer- last worked at the facility. Personnel gency and monitoring equipment; training records may accompany per- (ii) Key parameters for automatic sonnel transferred within the same waste feed cut-off systems; company. (iii) Communications or alarm sys- [45 FR 33221, May 19, 1980, as amended at 46 tems; FR 2848, Jan. 12, 1981; 48 FR 14294, Apr. 1, (iv) Response to fires or explosions; 1983; 50 FR 4514, Jan. 31, 1985] (v) Response to ground-water con- tamination incidents; and § 264.17 General requirements for ig- (vi) Shutdown of operations. nitable, reactive, or incompatible (b) Facility personnel must success- wastes. fully complete the program required in (a) The owner or operator must take paragraph (a) of this section within six precautions to prevent accidental igni- months after the effective date of these tion or reaction of ignitable or reactive regulations or six months after the waste. This waste must be separated date of their employment or assign- and protected from sources of ignition ment to a facility, or to a new position or reaction including but not limited at a facility, whichever is later. Em- to: open flames, smoking, cutting and ployees hired after the effective date of welding, hot surfaces, frictional heat, these regulations must not work in un- sparks (static, electrical, or mechan- supervised positions until they have ical), spontaneous ignition (e.g., from completed the training requirements of heat-producing chemical reactions), paragraph (a) of this section. and radiant heat. While ignitable or re- (c) Facility personnel must take part active waste is being handled, the in an annual review of the initial train- owner or operator must confine smok- ing required in paragraph (a) of this ing and open flame to specially des- section. ignated locations. ‘‘No Smoking’’ signs (d) The owner or operator must main- must be conspicuously placed wherever tain the following documents and there is a hazard from ignitable or re- records at the facility: active waste. (1) The job title for each position at (b) Where specifically required by the facility related to hazardous waste other sections of this part, the owner management, and the name of the em- or operator of a facility that treats, ployee filling each job; stores or disposes ignitable or reactive (2) A written job description for each waste, or mixes incompatible waste or position listed under paragraph (d)(1) of incompatible wastes and other mate- this section. This description may be rials, must take precautions to prevent consistent in its degree of specificity reactons which: with descriptions for other similar po- (1) Generate extreme heat or pres- sitions in the same company location sure, fire or explosions, or violent reac- or bargaining unit, but must include tions; the requisite skill, education, or other (2) Produce uncontrolled toxic mists, qualifications, and duties of employees fumes, dusts, or gases in sufficient assigned to each position; quantities to threaten human health or (3) A written description of the type the environment; and amount of both introductory and (3) Produce uncontrolled flammable continuing training that will be given fumes or gases in sufficient quantities to each person filling a position listed to pose a risk of fire or explosions; under paragraph (d)(1) of this section; (4) Damage the structural integrity (4) Records that document that the of the device or facility; training or job experience required (5) Through other like means threat- under paragraphs (a), (b), and (c) of this en human health or the environment. section has been given to, and com- (c) When required to comply with pleted by, facility personnel. paragraph (a) or (b) of this section, the (e) Training records on current per- owner or operator must document that sonnel must be kept until closure of compliance. This documentation may the facility; training records on former be based on references to published sci- employees must be kept for at least entific or engineering literature, data
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from trial tests (e.g., bench scale or (A) The volume and physical and pilot scale tests), waste analyses (as chemical characteristics of the waste specified in § 264.13), or the results of in the facility; the treatment of similar wastes by (B) The concentration of hazardous similar treatment processes and under constituents that would potentially af- similar operating conditions. fect surface waters as a result of wash- out; [46 FR 2848, Jan. 12, 1981, as amended at 50 FR 4514, Jan. 31, 1985] (C) The impact of such concentra- tions on the current or potential uses § 264.18 Location standards. of and water quality standards estab- lished for the affected surface waters; (a) Seismic considerations. (1) Portions and of new facilities where treatment, stor- age, or disposal of hazardous waste will (D) The impact of hazardous con- stituents on the sediments of affected be conducted must not be located with- surface waters or the soils of the 100- in 61 meters (200 feet) of a fault which year floodplain that could result from has had displacement in Holocene washout. time. (2) As used in paragraph (a)(1) of this [Comment: The location where wastes are section: moved must be a facility which is either per- (i) ‘‘Fault’’ means a fracture along mitted by EPA under part 270 of this chap- which rocks on one side have been dis- ter, authorized to manage hazardous waste by a State with a hazardous waste manage- placed with respect to those on the ment program authorized under part 271 of other side. this chapter, or in interim status under parts (ii) ‘‘Displacement’’ means the rel- 270 and 265 of this chapter.] ative movement of any two sides of a (2) As used in paragraph (b)(1) of this fault measured in any direction. section: (iii) ‘‘Holocene’’ means the most re- (i) 100-year floodplain means any cent epoch of the Quarternary period, ‘‘ ’’ land area which is subject to a one per- extending from the end of the Pleisto- cent or greater chance of flooding in cene to the present. any given year from any source. [Comment: Procedures for demonstrating (ii) ‘‘Washout’’ means the movement compliance with this standard in part B of of hazardous waste from the active por- the permit application are specified in tion of the facility as a result of flood- § 270.14(b)(11). Facilities which are located in ing. political jurisdictions other than those listed in appendix VI of this part, are assumed to (iii) ‘‘100-year flood’’ means a flood be in compliance with this requirement.] that has a one percent chance of being equalled or exeeded in any given year. (b) Floodplains. (1) A facility located in a 100-year floodplain must be de- [Comment: (1) Requirements pertaining to signed, constructed, operated, and other Federal laws which affect the location maintained to prevent washout or any and permitting of facilities are found in hazardous waste by a 100-year flood, § 270.3 of this chapter. For details relative to these laws, see EPA’s manual for SEA (spe- unless the owner or operator can dem- cial environmental area) requirements for onstrate to the Regional Administra- hazardous waste facility permits. Though tor’s satisfaction that: EPA is responsible for complying with these (i) Procedures are in effect which will requirements, applicants are advised to con- cause the waste to be removed safely, sider them in planning the location of a fa- before flood waters can reach the facil- cility to help prevent subsequent project ity, to a location where the wastes will delays.] not be vulnerable to flood waters; or (c) Salt dome formations, salt bed for- (ii) For existing surface impound- mations, underground mines and caves. ments, waste piles, land treatment The placement of any noncontainerized units, landfills, and miscellaneous or bulk liquid hazardous waste in any units, no adverse effects on human salt dome formation, salt bed forma- health or the environment will result if tion, underground mine or cave is pro- washout occurs, considering: hibited, except for the Department of
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Energy Waste Isolation Pilot Project the installed unit components meet the in New Mexico. design specifications. The description must cover: Sampling size and loca- [46 FR 2848, Jan. 12, 1981, as amended at 47 FR 32350, July 26, 1982; 48 FR 14294, Apr. 1, tions; frequency of testing; data eval- 1983; 48 FR 30115, June 30, 1983; 50 FR 4514, uation procedures; acceptance and re- Jan. 31, 1985; 50 FR 28746, July 15, 1985; 52 FR jection criteria for construction mate- 46963, Dec. 10, 1987] rials; plans for implementing correc- tive measures; and data or other infor- § 264.19 Construction quality assur- mation to be recorded and retained in ance program. the operating record under § 264.73. (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 §§ 264.221 (c) (i) Structural stability and integrity and (d), 264.251 (c) and (d), and 264.301 of all components of the unit identified (c) and (d). The program must ensure in paragraph (a)(2) of this section; that the constructed unit meets or ex- (ii) Proper construction of all compo- ceeds all design criteria and specifica- nents of the liners, leachate collection tions in the permit. The program must and removal system, leak detection be developed and implemented under system, and final cover system, accord- the direction of a CQA officer who is a ing to permit specifications and good registered professional 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. 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. The owner or hydraulic conductivity requirements of operator of units subject to the CQA §§ 264.221(c)(1)(i)(B), 264.251(c)(1)(i)(B), program under paragraph (a) of this and 264.301(c)(1)(i)(B) in the field. Com- section must develop and implement a pliance with the hydraulic conduc- written CQA plan. The plan must iden- tivity requirements must be verified by tify steps that will be used to monitor using in-situ testing on the con- and document the quality of materials structed test fill. The Regional Admin- and the condition and manner of their istrator may accept an alternative installation. The CQA plan must in- demonstration, in lieu of a test fill, clude: where data are sufficient to show that (1) Identification of applicable units, a constructed soil liner will meet the and a description of how they will be hydraulic conductivity requirements of constructed. §§ 264.221(c)(1)(i)(B), 264.251(c)(1)(i)(B), (2) Identification of key personnel in and 264.301(c)(1)(i)(B) in the field. the development and implementation (d) Certification. Waste shall not be of the CQA plan, and CQA officer quali- received in a unit subject to § 264.19 fications. until the owner or operator has sub- (3) A description of inspection and mitted to the Regional Administrator sampling activities for all unit compo- by certified mail or hand delivery a nents identified in paragraph (a)(2) of certification signed by the CQA officer this section, including observations that the approved CQA plan has been and tests that will be used before, dur- successfully carried out and that the ing, and after construction to ensure unit meets the requirements of that the construction materials and §§ 264.221 (c) or (d), 264.251 (c) or (d), or
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264.301 (c) or (d); and the procedure in matic sprinklers, or water spray sys- § 270.30(l)(2)(ii) of this chapter has been tems. completed. Documentation supporting [Comment: Part 270 of this chapter requires the CQA officer’s certification must be that an owner or operator who wishes to furnished to the Regional Adminis- make the demonstration referred to above trator upon request. must do so with part B of the permit applica- tion.] [57 FR 3486, Jan. 29, 1992] [45 FR 33221, May 19, 1980, as amended at 48 Subpart C—Preparedness and FR 14294, Apr. 1, 1983] Prevention § 264.33 Testing and maintenance of equipment. § 264.30 Applicability. All facility communications or alarm The regulations in this subpart apply systems, fire protection equipment, to owners and operators of all haz- spill control equipment, and decon- ardous waste facilities, except as § 264.1 tamination equipment, where required, provides otherwise. must be tested and maintained as nec- essary to assure its proper operation in § 264.31 Design and operation of facil- time of emergency. ity. Facilities must be designed, con- § 264.34 Access to communications or structed, maintained, and operated to alarm system. minimize the possibility of a fire, ex- (a) Whenever hazardous waste is plosion, or any unplanned sudden or being poured, mixed, spread, or other- non-sudden release of hazardous waste wise handled, all personnel involved in or hazardous waste constituents to air, the operation must have immediate ac- soil, or surface water which could cess to an internal alarm or emergency threaten human health or the environ- communication device, either directly ment. or through visual or voice contact with another employee, unless the Regional § 264.32 Required equipment. Administrator has ruled that such a All facilities must be equipped with device is not required under § 264.32. the following, unless it can be dem- (b) If there is ever just one employee onstrated to the Regional Adminis- on the premises while the facility is op- trator that none of the hazards posed erating, he must have immediate ac- by waste handled at the facility could cess to a device, such as a telephone require a particular kind of equipment (immediately available at the scene of specified below: operation) or a hand-held two-way (a) An internal communications or radio, capable of summoning external alarm system capable of providing im- emergency assistance, unless the Re- mediate emergency instruction (voice gional Administrator has ruled that or signal) to facility personnel; such a device is not required under (b) A device, such as a telephone (im- § 264.32. mediately available at the scene of op- erations) or a hand-held two-way radio, § 264.35 Required aisle space. capable of summoning emergency as- The owner or operator must main- sistance from local police departments, tain aisle space to allow the unob- fire departments, or State or local structed movement of personnel, fire emergency response teams; protection equipment, spill control (c) Portable fire extinguishers, fire equipment, and decontamination control equipment (including special equipment to any area of facility oper- extinguishing equipment, such as that ation in an emergency, unless it can be using foam, inert gas, or dry chemi- demonstrated to the Regional Adminis- cals), spill control equipment, and de- trator that aisle space is not needed for contamination equipment; and any of these purposes. (d) Water at adequate volume and [Comment: Part 270 of this chapter requires pressure to supply water hose streams, that an owner or operator who wishes to or foam producing equipment, or auto- make the demonstration referred to above
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must do so with part B of the permit applica- § 264.51 Purpose and implementation tion.] of contingency plan. [45 FR 33221, May 19, 1980, as amended at 48 (a) Each owner or operator must have FR 14294, Apr. 1, 1983] a contingency plan for his facility. The contingency plan must be designed to § 264.36 [Reserved] minimize hazards to human health or the environment from fires, explosions, § 264.37 Arrangements with local au- or any unplanned sudden or non-sudden thorities. release of hazardous waste or haz- (a) The owner or operator must at- ardous waste constituents to air, soil, tempt to make the following arrange- or surface water. ments, as appropriate for the type of (b) The provisions of the plan must waste handled at his facility and the be carried out immediately whenever potential need for the services of these there is a fire, explosion, or release of organizations: hazardous waste or hazardous waste (1) Arrangements to familiarize po- constituents which could threaten lice, fire departments, and emergency human health or the environment. response teams with the layout of the [45 FR 33221, May 19, 1980, as amended at 50 facility, properties of hazardous waste FR 4514, Jan. 31, 1985] handled at the facility and associated hazards, places where facility per- § 264.52 Content of contingency plan. sonnel would normally be working, en- (a) The contingency plan must de- trances to and roads inside the facility, scribe the actions facility personnel and possible evacuation routes; must take to comply with §§ 264.51 and (2) Where more than one police and 264.56 in response to fires, explosions, fire department might respond to an or any unplanned sudden or non-sudden emergency, agreements designating release of hazardous waste or haz- primary emergency authority to a spe- ardous waste constituents to air, soil, cific police and a specific fire depart- or surface water at the facility. ment, and agreements with any others (b) If the owner or operator has al- to provide support to the primary ready prepared a Spill Prevention, Con- emergency authority; trol, and Countermeasures (SPCC) Plan in accordance with part 112 of this (3) Agreements with State emergency chapter, or part 1510 of chapter V, or response teams, emergency response some other emergency or contingency contractors, and equipment suppliers; plan, he need only amend that plan to and incorporate hazardous waste manage- (4) Arrangements to familiarize local ment provisions that are sufficient to hospitals with the properties of haz- comply with the requirements of this ardous waste handled at the facility part. and the types of injuries or illnesses (c) The plan must describe arrange- which could result from fires, explo- ments agreed to by local police depart- sions, or releases at the facility. ments, fire departments, hospitals, (b) Where State or local authorities contractors, and State and local emer- decline to enter into such arrange- gency response teams to coordinate ments, the owner or operator must doc- emergency services, pursuant to ument the refusal in the operating § 264.37. record. (d) The plan must list names, ad- dresses, and phone numbers (office and Subpart D—Contingency Plan and home) of all persons qualified to act as emergency coordinator (see § 264.55), Emergency Procedures and this list must be kept up to date. Where more than one person is listed, § 264.50 Applicability. one must be named as primary emer- The regulations in this subpart apply gency coordinator and others must be to owners and operators of all haz- listed in the order in which they will ardous waste facilities, except as § 264.1 assume responsibility as alternates. provides otherwise. For new facilities, this information
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must be supplied to the Regional Ad- way that materially increases the po- ministrator at the time of certifi- tential for fires, explosions, or releases cation, rather than at the time of per- of hazardous waste or hazardous waste mit application. constituents, or changes the response (e) The plan must include a list of all necessary in an emergency; emergency equipment at the facility (d) The list of emergency coordina- (such as fire extinguishing systems, tors changes; or spill control equipment, communica- (e) The list of emergency equipment tions and alarm systems (internal and changes. external), and decontamination equip- ment), where this equipment is re- [45 FR 33221, May 19, 1980, as amended at 50 quired. This list must be kept up to FR 4514, Jan. 31, 1985; 53 FR 37935, Sept. 28, 1988] date. In addition, the plan must in- clude the location and a physical de- § 264.55 Emergency coordinator. scription of each item on the list, and a brief outline of its capabilities. At all times, there must be at least (f) The plan must include an evacu- one employee either on the facility ation plan for facility personnel where premises or on call (i.e., available to there is a possibility that evacuation respond to an emergency by reaching could be necessary. This plan must de- the facility within a short period of scribe signal(s) to be used to begin time) with the responsibility for co- evacuation, evacuation routes, and al- ordinating all emergency response ternate evacuation routes (in cases measures. This emergency coordinator where the primary routes could be must be thoroughly familiar with all blocked by releases of hazardous waste aspects of the facility’s contingency or fires). plan, all operations and activities at the facility, the location and charac- [45 FR 33221, May 19, 1980, as amended at 46 teristics of waste handled, the location FR 27480, May 20, 1981; 50 FR 4514, Jan. 31, of all records within the facility, and 1985] the facility layout. In addition, this § 264.53 Copies of contingency plan. person must have the authority to commit the resources needed to carry A copy of the contingency plan and out the contingency plan. all revisions to the plan must be: (a) Maintained at the facility; and [Comment: The emergency coordinator’s re- (b) Submitted to all local police de- sponsibilities are more fully spelled out in partments, fire departments, hospitals, § 264.56. Applicable responsibilities for the and State and local emergency re- emergency coordinator vary, depending on sponse teams that may be called upon factors such as type and variety of waste(s) handled by the facility, and type and com- to provide emergency services. plexity of the facility.] [Comment: The contingency plan must be submitted to the Regional Administrator § 264.56 Emergency procedures. with Part B of the permit application under (a) Whenever there is an imminent or part 270, of this chapter and, after modifica- tion or approval, will become a condition of actual emergency situation, the emer- any permit issued.] gency coordinator (or his designee when the emergency coordinator is on [45 FR 33221, May 19, 1980, as amended at 48 call) must immediately: FR 30115, June 30, 1983; 50 FR 4514, Jan. 31, 1985] (1) Activate internal facility alarms or communication systems, where ap- § 264.54 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) The facility permit is revised; (b) Whenever there is a release, fire, (b) The plan fails in an emergency; or explosion, the emergency coordi- (c) The facility changes—in its de- nator must immediately identify the sign, construction, operation, mainte- character, exact source, amount, and nance, or other circumstances—in a areal extent of any released materials.
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He may do this by observation or re- waste, and removing or isolating con- view of facility records or manifests, tainers. and, if necessary, by chemical analysis. (f) If the facility stops operations in (c) Concurrently, the emergency co- response to a fire, explosion, or release, ordinator must assess possible hazards the emergency coordinator must mon- to human health or the environment itor for leaks, pressure buildup, gas that may result from the release, fire, generation, or ruptures in valves, or explosion. This assessment must pipes, or other equipment, wherever consider both direct and indirect ef- this is appropriate. fects of the release, fire, or explosion (g) Immediately after an emergency, (e.g., the effects of any toxic, irri- the emergency coordinator must pro- tating, or asphyxiating gases that are vide for treating, storing, or disposing generated, or the effects of any haz- of recovered waste, contaminated soil ardous surface water run-off from or surface water, or any other material water or chemical agents used to con- that results from a release, fire, or ex- trol fire and heat-induced explosions). plosion at the facility. (d) If the emergency coordinator de- [Comment: Unless the owner or operator can termines that the facility has had a re- demonstrate, in accordance with § 261.3(c) or lease, fire, or explosion which could (d) of this chapter, that the recovered mate- threaten human health, or the environ- rial is not a hazardous waste, the owner or ment, outside the facility, he must re- operator becomes a generator of hazardous port his findings as follows: waste and must manage it in accordance with all applicable requirements of parts 262, (1) If his assessment indicates that 263, and 264 of this chapter.] evacuation of local areas may be advis- able, he must immediately notify ap- (h) The emergency coordinator must propriate local authorities. He must be ensure that, in the affected area(s) of available to help appropriate officials the facility: decide whether local areas should be (1) No waste that may be incompat- evacuated; and ible with the released material is treat- (2) He must immediately notify ei- ed, stored, or disposed of until cleanup ther the government official des- procedures are completed; and ignated as the on-scene coordinator for (2) All emergency equipment listed in that geographical area, (in the applica- the contingency plan is cleaned and fit ble regional contingency plan under for its intended use before operations part 1510 of this title) or the National are resumed. Response Center (using their 24-hour (i) The owner or operator must notify toll free number 800/424–8802). The re- the Regional Administrator, and appro- port must include: priate State and local authorities, that (i) Name and telephone number of re- the facility is in compliance with para- porter; graph (h) of this section before oper- ations are resumed in the affected (ii) Name and address of facility; area(s) of the facility. (iii) Time and type of incident (e.g., (j) The owner or operator must note release, fire); in the operating record the time, date, (iv) Name and quantity of material(s) and details of any incident that re- involved, to the extent known; quires implementing the contingency (v) The extent of injuries, if any; and plan. Within 15 days after the incident, (vi) The possible hazards to human he must submit a written report on the health, or the environment, outside the incident to the Regional Adminis- facility. trator. The report must include: (e) During an emergency, the emer- (1) Name, address, and telephone gency coordinator must take all rea- number of the owner or operator; sonable measures necessary to ensure (2) Name, address, and telephone that fires, explosions, and releases do number of the facility; not occur, recur, or spread to other (3) Date, time, and type of incident hazardous waste at the facility. These (e.g., fire, explosion); measures must include, where applica- (4) Name and quantity of material(s) ble, stopping processes and operations, involved; collecting and containing release (5) The extent of injuries, if any;
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(6) An assessment of actual or poten- (5) Retain at the facility a copy of tial hazards to human health or the en- each manifest for at least three years vironment, where this is applicable; from the date of delivery. and (b) If a facility receives, from a rail (7) Estimated quantity and disposi- or water (bulk shipment) transporter, tion of recovered material that re- hazardous waste which is accompanied sulted from the incident. by a shipping paper containing all the [45 FR 33221, May 19, 1980, as amended at 50 information required on the manifest FR 4514, Jan. 31, 1985] (excluding the EPA identification num- bers, generator’s certification, and sig- Subpart E—Manifest System, natures), the owner or operator, or his Recordkeeping, and Reporting agent, must: (1) Sign and date each copy of the § 264.70 Applicability. manifest or shipping paper (if the The regulations in this subpart apply manifest has not been received) to cer- to owners and operators of both on-site tify that the hazardous waste covered and off-site facilities, except as § 264.1 by the manifest or shipping paper was provides otherwise. Sections 264.71, received; 264.72, and 264.76 do not apply to owners (2) Note any significant discrepancies and operators of on-site facilities that (as defined in § 264.72(a)) in the mani- do not receive any hazardous waste fest or shipping paper (if the manifest from off-site sources, and to owners has not been received) on each copy of and operators of off-site facilities with the manifest or shipping paper. respect to waste military munitions [Comment: The Agency does not intend that exempted from manifest requirements the owner or operator of a facility whose under 40 CFR 266.203(a). Section procedures under § 264.13(c) include waste 264.73(b) only applies to permittees who analysis must perform that analysis before treat, store, or dispose of hazardous signing the shipping paper and giving it to wastes on-site where such wastes were the transporter. Section 264.72(b), however, generated. requires reporting an unreconciled discrep- ancy discovered during later analysis.] [62 FR 6652, Feb. 12, 1997] (3) Immediately give the rail or water § 264.71 Use of manifest system. (bulk shipment) transporter at least (a) If a facility receives hazardous one copy of the manifest or shipping waste accompanied by a manifest, the paper (if the manifest has not been re- owner or operator, or his agent, must: ceived); (1) Sign and date each copy of the (4) Within 30 days after the delivery, manifest to certify that the hazardous send a copy of the signed and dated waste covered by the manifest was re- manifest to the generator; however, if ceived; the manifest has not been received (2) Note any significant discrepancies within 30 days after delivery, the owner in the manifest (as defined in or operator, or his agent, must send a § 264.72(a)) on each copy of the mani- copy of the shipping paper signed and fest; dated to the generator; and [Comment: The Agency does not intend that [Comment: Section 262.23(c) of this chapter re- the owner or operator of a facility whose quires the generator to send three copies of procedures under § 264.13(c) include waste the manifest to the facility when hazardous analysis must perform that analysis before waste is sent by rail or water (bulk ship- signing the manifest and giving it to the ment).] transporter. Section 264.72(b), however, re- quires reporting an unreconciled discrepancy (5) Retain at the facility a copy of discovered during later analysis.] the manifest and shipping paper (if (3) Immediately give the transporter signed in lieu of the manifest at the at least one copy of the signed mani- time of delivery) for at least three fest; years from the date of delivery. (4) Within 30 days after the delivery, (c) Whenever a shipment of hazardous send a copy of the manifest to the gen- waste is initiated from a facility, the erator; and owner or operator of that facility must
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comply with the requirements of part discrepancy and attempts to reconcile 262 of this chapter. it, and a copy of the manifest or ship- ping paper at issue. [Comment: The provisions of § 262.34 are appli- cable to the on-site accumulation of haz- [45 FR 33221, May 19, 1980, as amended at 50 ardous wastes by generators. Therefore, the FR 4514, Jan. 31, 1985] provisions of § 262.34 only apply to owners or operators who are shipping hazardous waste § 264.73 Operating record. which they generated at that facility.] (a) The owner or operator must keep (d) Within three working days of the a written operating record at his facil- receipt of a shipment subject to 40 CFR ity. part 262, subpart H, the owner or oper- (b) The following information must be recorded, as it becomes available, ator of the facility must provide a copy and maintained in the operating record of the tracking document bearing all until closure of the facility: required signatures to the notifier, to (1) A description and the quantity of the Office of Enforcement and Compli- each hazardous waste received, and the ance Assurance, Office of Compliance, method(s) and date(s) of its treatment, Enforcement Planning, Targeting and storage, or disposal at the facility as Data Division (2222A), Environmental required by appendix I; Protection Agency, 401 M St., SW., (2) The location of each hazardous Washington, DC 20460, and to com- waste within the facility and the quan- petent authorities of all other con- tity at each location. For disposal fa- cerned countries. The original copy of cilities, the location and quantity of the tracking document must be main- each hazardous waste must be recorded tained at the facility for at least three on a map or diagram of each cell or dis- years from the date of signature. posal area. For all facilities, this infor- [45 FR 33221, May 19, 1980, as amended at 45 mation must include cross-references FR 86970, 86974, Dec. 31, 1980; 61 FR 16315, Apr. to specific manifest document num- 12, 1996] bers, if the waste was accompanied by a manifest; § 264.72 Manifest discrepancies. (a) Manifest discrepancies are dif- [Comment: See § 264.119 for related require- ferences between the quantity or type ments.] of hazardous waste designated on the (3) Records and results of waste anal- manifest or shipping paper, and the yses and waste determinations per- quantity or type of hazardous waste a formed as specified in §§ 264.13, 264.17, facility actually receives. Significant 264.314, 264.341, 264.1034, 264.1063, discrepancies in quantity are: 264.1083, 268.4(a), and 268.7 of this chap- (1) For bulk waste, variations greater ter. than 10 percent in weight, and (2) for (4) Summary reports and details of batch waste, any variation in piece all incidents that require imple- count, such as a discrepancy of one menting the contingency plan as speci- drum in a truckload. Significant dis- fied in § 264.56(j); crepancies in type are obvious dif- (5) Records and results of inspections ferences which can be discovered by in- as required by § 264.15(d) (except these spection or waste analysis, such as data need be kept only three years); waste solvent substituted for waste (6) Monitoring, testing or analytical acid, or toxic constituents not reported data, and corrective action where re- on the manifest or shipping paper. quired by subpart F of this part and (b) Upon discovering a significant §§ 264.19, 264.191, 264.193, 264.195, 264.222, discrepancy, the owner or operator 264.223, 264.226, 264.252—264.254, 264.276, must attempt to reconcile the discrep- 264.278, 264.280, 264.302—264.304, 264.309, ancy with the waste generator or 264.347, 264.602, 264.1034(c)—264.1034(f), transporter (e.g., with telephone con- 264.1035, 264.1063(d)—264.1063(i), 264.1064, versations). If the discrepancy is not and 264.1082 through 264.1090 of this resolved within 15 days after receiving part. the waste, the owner or operator must (7) For off-site facilities, notices to immediately submit to the Regional generators as specified in § 264.12(b); Administrator a letter describing the and
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(8) All closure cost estimates under required by the generator or the owner § 264.142, and, for disposal facilities, all or operator under § 268.7 or § 268.8; and post-closure cost estimates under (16) For an on-site storage facility, § 264.144. the information contained in the no- (9) A certification by the permittee tice (except the manifest number), and no less often than annually, that the the certification and demonstration if permittee has a program in place to re- applicable, required by the generator duce the volume and toxicity of haz- or the owner or operator under § 268.7 ardous waste that he generates to the or § 268.8. degree determined by the permittee to (17) Any records required under be economically practicable; and the § 264.1(j)(13). proposed method of treatment, storage [45 FR 33221, May 19, 1980, as amended at 46 or disposal is that practicable method FR 2849, Jan. 12, 1981; 46 FR 7678, Jan. 23, currently available to the permittee 1981; 50 FR 4514, Jan. 31, 1985; 50 FR 18374, which minimizes the present and fu- Apr. 30, 1985; 50 FR 28746, July 15, 1985; 51 FR ture threat to human health and the 40637, Nov. 7, 1986; 52 FR 21016, June 4, 1987; 53 FR 31211, Aug. 17, 1988; 54 FR 26647, June 23, environment. 1989; 55 FR 25494, June 21, 1990; 57 FR 3487, (10) Records of the quantities (and Jan. 29, 1992; 59 FR 62926, Dec. 6, 1994; 62 FR date of placement) for each shipment 64656, Dec. 8, 1997; 63 FR 65938, Nov. 30, 1998] of hazardous waste placed in land dis- posal units under an extension to the § 264.74 Availability, retention, and effective date of any land disposal re- disposition of records. striction granted pursuant to § 268.5, a (a) All records, including plans, re- petition pursuant to § 268.6, or a certifi- quired under this part must be fur- cation under § 268.8, and the applicable nished upon request, and made avail- notice required by a generator under able at all reasonable times for inspec- § 268.7(a); tion, by any officer, employee, or rep- (11) For an off-site treatment facil- resentative of EPA who is duly des- ity, a copy of the notice, and the cer- ignated by the Administrator. tification and demonstration, if appli- (b) The retention period for all cable, required by the generator or the records required under this part is ex- owner or operator under § 268.7 or tended automatically during the course of any unresolved enforcement action § 268.8; regarding the facility or as requested (12) For an on-site treatment facility, by the Administrator. the information contained in the no- (c) A copy of records of waste dis- tice (except the manifest number), and posal locations and quantities under the certification and demonstration if § 264.73(b)(2) must be submitted to the applicable, required by the generator Regional Administrator and local land or the owner or operator under § 268.7 authority upon closure of the facility. or § 268.8; (13) For an off-site land disposal fa- § 264.75 Biennial report. cility, a copy of the notice, and the cer- The owner or operator must prepare tification and demonstration if appli- and submit a single copy of a biennial cable, required by the generator or the report to the Regional Administrator owner or operator of a treatment facil- by March 1 of each even numbered ity under §§ 268.7 and 268.8, whichever is year. The biennial report must be sub- applicable; and mitted on EPA form 8700–13B. The re- (14) For an on-site land disposal facil- port must cover facility activities dur- ity, the information contained in the ing the previous calendar year and notice required by the generator or must include: owner or operator of a treatment facil- (a) The EPA identification number, ity under § 268.7, except for the mani- name, and address of the facility; fest number, and the certification and (b) The calendar year covered by the demonstration if applicable, required report; under § 268.8, whichever is applicable. (c) For off-site facilities, the EPA (15) For an off-site storage facility, a identification number of each haz- copy of the notice, and the certifi- ardous waste generator from which the cation and demonstration if applicable, facility received a hazardous waste
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during the year; for imported ship- (b) The date the facility received the ments, the report must give the name waste; and address of the foreign generator; (c) The EPA identification number, (d) A description and the quantity of name, and address of the generator and each hazardous waste the facility re- the transporter, if available; ceived during the year. For off-site fa- (d) A description and the quantity of cilities, this information must be listed each unmanifested hazardous waste by EPA identification number of each and facility received; generator; (e) The method of treatment, storage, (e) The method of treatment, storage, or disposal for each hazardous waste; or disposal for each hazardous waste; (f) The certification signed by the (f) [Reserved] owner or operator of the facility or his (g) The most recent closure cost esti- authorized representative; and mate under § 264.142, and, for disposal (g) A brief explanation of why the facilities, the most recent post-closure waste was unmanifested, if known. cost estimate under § 264.144; and [Comment: Small quantities of hazardous (h) For generators who treat, store, waste are excluded from regulation under or dispose of hazardous waste on-site, a this part and do not require a manifest. description of the efforts undertaken Where a facility receives unmanifested haz- during the year to reduce the volume ardous wastes, the Agency suggests that the owner or operator obtain from each gener- and toxicity of waste generated. ator a certification that the waste qualifies (i) For generators who treat, store, or for exclusion. Otherwise, the Agency sug- dispose of hazardous waste on-site, a gests that the owner or operator file an description of the changes in volume unmanifested waste report for the hazardous and toxicity of waste actually achieved waste movement.] during the year in comparison to pre- [45 FR 33221, May 19, 1980, as amended at 48 vious years to the extent such informa- FR 3982, Jan. 28, 1983; 50 FR 4514, Jan. 31, tion is available for the years prior to 1985] 1984. (j) The certification signed by the § 264.77 Additional reports. owner or operator of the facility or his In addition to submitting the bien- authorized representative. nial reports and unmanifested waste reports described in §§ 264.75 and 264.76, [45 FR 33221, May 19, 1980, as amended at 46 the owner or operator must also report FR 2849, Jan. 12, 1981; 48 FR 3982, Jan. 28, 1983; 50 FR 4514, Jan. 31, 1985; 51 FR 28556, to the Regional Administrator: Aug. 8, 1986] (a) Releases, fires, and explosions as specified in § 264.56(j); § 264.76 Unmanifested waste report. (b) Facility closures specified in §264.115; and If a facility accepts for treatment, (c) As otherwise required by subparts storage, or disposal any hazardous F, K through N, AA, BB, and CC of this waste from an off-site source without part. an accompanying manifest, or without an accompanying shipping paper as de- [46 FR 2849, Jan. 12, 1981, as amended at 47 scribed in § 263.20(e)(2) of this chapter, FR 32350, July 26, 1982; 48 FR 3982, Jan. 28, and if the waste is not excluded from 1983; 55 FR 25494, June 21, 1990; 59 FR 62926, the manifest requirement by § 261.5 of Dec. 6, 1994] this chapter, then the owner or oper- ator must prepare and submit a single Subpart F—Releases From Solid copy of a report to the Regional Ad- Waste Management Units ministrator within fifteen days after receiving the waste. The unmanifested SOURCE: 47 FR 32350, July 26, 1982, unless waste report must be submitted on otherwise noted. EPA form 8700–13B. Such report must be designated ‘Unmanifested Waste Re- § 264.90 Applicability. port’ and include the following infor- (a)(1) Except as provided in para- mation: graph (b) of this section, the regula- (a) The EPA identification number, tions in this subpart apply to owners or name, and address of the facility; operators of facilities that treat, store
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or dispose of hazardous waste. The cant, and if an unsaturated zone moni- owner or operator must satisfy the re- toring program meeting the require- quirements identified in paragraph ments of § 264.278 has not shown a sta- (a)(2) of this section for all wastes (or tistically significant increase in haz- constituents thereof) contained in solid ardous constituents below the treat- waste management units at the facil- ment zone during the operating life of ity, regardless of the time at which the unit. An exemption under this waste was placed in such units. paragraph can only relieve an owner or (2) All solid waste management units operator of responsibility to meet the must comply with the requirements in requirements of this subpart during the § 264.101. A surface impoundment, waste post-closure care period; or pile, and land treatment unit or land- (4) The Regional Administrator finds fill that receives hazardous waste after that there is no potential for migration July 26, 1982 (hereinafter referred to as of liquid from a regulated unit to the a ‘‘regulated unit’’) must comply with uppermost aquifer during the active the requirements of §§ 264.91 through life of the regulated unit (including the 264.100 in lieu of § 264.101 for purposes of closure period) and the post-closure detecting, characterizing and respond- care period specified under § 264.117. ing to releases to the uppermost aqui- This demonstration must be certified fer. The financial responsibility re- by a qualified geologist or geotechnical quirements of § 264.101 apply to regu- engineer. In order to provide an ade- lated units. quate margin of safety in the pre- (b) The owner or operator’s regulated diction of potential migration of liq- unit or units are not subject to regula- uid, the owner or operator must base tion for releases into the uppermost aq- any predictions made under this para- uifer under this subpart if: graph on assumptions that maximize (1) The owner or operator is exempt- the rate of liquid migration. ed under § 264.1; or (5) He designs and operates a pile in (2) He operates a unit which the Re- compliance with § 264.250(c). gional Administrator finds: (c) The regulations under this sub- (i) Is an engineered structure, part apply during the active life of the (ii) Does not receive or contain liquid regulated unit (including the closure waste or waste containing free liquids, period). After closure of the regulated (iii) Is designed and operated to ex- unit, the regulations in this subpart: clude liquid, precipitation, and other (1) Do not apply if all waste, waste run-on and run-off, residues, contaminated containment (iv) Has both inner and outer layers system components, and contaminated of containment enclosing the waste, subsoils are removed or decontami- (v) Has a leak detection system built nated at closure; into each containment layer, (2) Apply during the post-closure care (vi) The owner or operator will pro- period under § 264.117 if the owner or vide continuing operation and mainte- operator is conducting a detection nance of these leak detection systems monitoring program under § 264.98; or during the active life of the unit and (3) Apply during the compliance pe- the closure and post-closure care peri- riod under § 264.96 if the owner or oper- ods, and ator is conducting a compliance moni- (vii) To a reasonable degree of cer- toring program under § 264.99 or a cor- tainty, will not allow hazardous con- rective action program under § 264.100. stituents to migrate beyond the outer (d) Regulations in this subpart may containment layer prior to the end of apply to miscellaneous units when nec- the post-closure care period. essary to comply with §§ 264.601 through (3) The Regional Administrator finds, 264.603. pursuant to § 264.280(d), that the treat- (e) The regulations of this subpart ment zone of a land treatment unit apply to all owners and operators sub- that qualifies as a regulated unit does ject to the requirements of 40 CFR not contain levels of hazardous con- 270.1(c)(7), when the Agency issues ei- stituents that are above background ther a post-closure permit or an en- levels of those constituents by an forceable document (as defined in 40 amount that is statistically signifi- CFR 270.1(c)(7)) at the facility. When
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the Agency issues an enforceable docu- downgradient facility property bound- ment, references in this subpart to ‘‘in ary, the owner or operator must insti- the permit’’ mean ‘‘in the enforceable tute a corrective action program under document.’’ § 264.100; or (f) The Regional Administrator may (4) In all other cases, the owner or replace all or part of the requirements operator must institute a detection of §§ 264.91 through 264.100 applying to a monitoring program under § 264.98. regulated unit with alternative re- (b) The Regional Administrator will quirements for groundwater moni- specify in the facility permit the spe- toring and corrective action for re- cific elements of the monitoring and leases to groundwater set out in the response program. The Regional Ad- permit (or in an enforceable document) ministrator may include one or more of (as defined in 40 CFR 270.1(c)(7)) where the programs identified in paragraph the Regional Administrator determines (a) of this section in the facility permit that: as may be necessary to protect human (1) The regulated unit is situated health and the environment and will among solid waste management units specify the circumstances under which (or areas of concern), a release has oc- each of the programs will be required. curred, and both the regulated unit and In deciding whether to require the one or more solid waste management owner or operator to be prepared to in- unit(s) (or areas of concern) are likely stitute a particular program, the Re- to have contributed to the release; and gional Administrator will consider the (2) It is not necessary to apply the potential adverse effects on human groundwater monitoring and corrective health and the environment that might action requirements of §§ 264.91 through occur before final administrative ac- 264.100 because alternative require- tion on a permit modification applica- ments will protect human health and tion to incorporate such a program the environment. could be taken. [47 FR 32350, July 26, 1982, as amended at 50 [47 FR 32350, July 26, 1982, as amended at 53 FR 28746, July 15, 1985; 52 FR 46963, Dec. 10, FR 39728, Oct. 11, 1988] 1987; 63 FR 56733, Oct. 22, 1998] § 264.92 Ground-water protection § 264.91 Required programs. standard. (a) Owners and operators subject to The owner or operator must comply this subpart must conduct a moni- with conditions specified in the facility toring and response program as fol- permit that are designed to ensure that lows: hazardous constituents under § 264.93 (1) Whenever hazardous constituents detected in the ground water from a under § 264.93 from a regulated unit are regulated unit do not exceed the con- detected at a compliance point under centration limits under § 264.94 in the § 264.95, the owner or operator must in- uppermost aquifer underlying the stitute a compliance monitoring pro- waste management area beyond the gram under § 264.99. Detected is defined point of compliance under § 264.95 dur- as statistically significant evidence of ing the compliance period under contamination as described in § 264.96. The Regional Administrator § 264.98(f); will establish this ground-water protec- (2) Whenever the ground-water pro- tion standard in the facility permit tection standard under § 264.92 is ex- when hazardous constituents have been ceeded, the owner or operator must in- detected in the ground water. stitute a corrective action program under § 264.100. Exceeded is defined as [53 FR 39728, Oct. 11, 1988] statistically significant evidence of in- creased contamination as described in § 264.93 Hazardous constituents. § 264.99(d); (a) The Regional Administrator will (3) Whenever hazardous constituents specify in the facility permit the haz- under § 264.93 from a regulated unit ex- ardous constituents to which the ceed concentration limits under § 264.94 ground-water protection standard of in ground water between the compli- § 264.92 applies. Hazardous constituents ance point under § 264.95 and the are constituents identified in appendix
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VIII of part 261 of this chapter that (ii) The hydrogeological characteris- have been detected in ground water in tics of the facility and surrounding the uppermost aquifer underlying a land; regulated unit and that are reasonably (iii) The quantity and quality of expected to be in or derived from waste ground water, and the direction of contained in a regulated unit, unless ground-water flow; the Regional Administrator has ex- (iv) The patterns of rainfall in the re- cluded them under paragraph (b) of this gion; section. (v) The proximity of the regulated (b) The Regional Administrator will unit to surface waters; exclude an appendix VIII constituent (vi) The current and future uses of from the list of hazardous constituents surface waters in the area and any specified in the facility permit if he water quality standards established for finds that the constituent is not capa- those surface waters; ble of posing a substantial present or (vii) The existing quality of surface potential hazard to human health or water, including other sources of con- the environment. In deciding whether tamination and the cumulative impact to grant an exemption, the Regional on surface-water quality; Administrator will consider the fol- (viii) The potential for health risks lowing: caused by human exposure to waste (1) Potential adverse effects on constituents; ground-water quality, considering: (ix) The potential damage to wildlife, (i) The physical and chemical charac- crops, vegetation, and physical struc- teristics of the waste in the regulated tures caused by exposure to waste con- unit, including its potential for migra- stituents; and tion; (x) The persistence and permanence (ii) The hydrogeological characteris- of the potential adverse effects. tics of the facility and surrounding (c) In making any determination land; under paragraph (b) of this section (iii) The quantity of ground water about the use of ground water in the and the direction of ground-water flow; area around the facility, the Regional (iv) The proximity and withdrawal Administrator will consider any identi- rates of ground-water users; fication of underground sources of (v) The current and future uses of drinking water and exempted aquifers ground water in the area; made under § 144.8 of this chapter. (vi) The existing quality of ground [47 FR 32350, July 26, 1982, as amended at 48 water, including other sources of con- FR 14294, Apr. 1, 1983] tamination and their cumulative im- pact on the ground-water quality; § 264.94 Concentration limits. (vii) The potential for health risks (a) The Regional Administrator will caused by human exposure to waste specify in the facility permit con- constituents; centration limits in the ground water (viii) The potential damage to wild- for hazardous constituents established life, crops, vegetation, and physical under § 264.93. The concentration of a structures caused by exposure to waste hazardous constituent: constituents; (1) Must not exceed the background (ix) The persistence and permanence level of that constituent in the ground of the potential adverse effects; and water at the time that limit is speci- (2) Potential adverse effects on hy- fied in the permit; or draulically-connected surface water (2) For any of the constituents listed quality, considering: in Table 1, must not exceed the respec- (i) The volume and physical and tive value given in that table if the chemical characteristics of the waste background level of the constituent is in the regulated unit; below the value given in Table 1; or
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TABLE 1ÐMAXIMUM CONCENTRATION OF CON- (vii) The potential for health risks STITUENTS FOR GROUND-WATER PROTECTION caused by human exposure to waste constituents; Max- imum (viii) The potential damage to wild- Constituent con- life, crops, vegetation, and physical centra- structures caused by exposure to waste tion 1 constituents; Arsenic ...... 0.05 (ix) The persistence and permanence Barium ...... 1.0 of the potential adverse effects; and Cadmium ...... 0.01 (2) Potential adverse effects on hy- Chromium ...... 0.05 Lead ...... 0.05 draulically-connected surface-water Mercury ...... 0.002 quality, considering: Selenium ...... 0.01 (i) The volume and physical and Silver ...... 0.05 chemical characteristics of the waste Endrin (1,2,3,4,10,10-hexachloro-1,7-epoxy 1,4,4a,5,6,7,8,9a-octahydro-1, 4-endo, endo-5,8- in the regulated unit; dimethano naphthalene) ...... 0.0002 (ii) The hydrogeological characteris- Lindane (1,2,3,4,5,6-hexachlorocyclohexane, tics of the facility and surrounding gamma isomer) ...... 0.004 land; Methoxychlor (1,1,1-Trichloro-2,2-bis (p- methoxyphenylethane) ...... 0.1 (iii) The quantity and quality of Toxaphene (C10H10Cl6, Technical chlorinated ground water, and the direction of camphene, 67–69 percent chlorine) ...... 0.005 ground-water flow; 2,4-D (2,4-Dichlorophenoxyacetic acid) ...... 0.1 (iv) The patterns of rainfall in the re- 2,4,5-TP Silvex (2,4,5-Trichlorophenoxypropionic acid) ...... 0.01 gion; (v) The proximity of the regulated 1 Milligrams per liter. unit to surface waters; (3) Must not exceed an alternate (vi) The current and future uses of limit established by the Regional Ad- surface waters in the area and any ministrator under paragraph (b) of this water quality standards established for section. those surface waters; (b) The Regional Administrator will (vii) The existing quality of surface establish an alternate concentration water, including other sources of con- limit for a hazardous constituent if he tamination and the cumulative impact finds that the constituent will not pose on surface water quality; a substantial present or potential haz- (viii) The potential for health risks ard to human health or the environ- caused by human exposure to waste ment as long as the alternate con- constituents; centration limit is not exceeded. In es- (ix) The potential damage to wildlife, tablishing alternate concentration lim- crops, vegetation, and physical struc- its, the Regional Administrator will tures caused by exposure to waste con- consider the following factors: stituents; and (1) Potential adverse effects on (x) The persistence and permanence ground-water quality, considering: of the potential adverse effects. (i) The physical and chemical charac- (c) In making any determination teristics of the waste in the regulated under paragraph (b) of this section unit, including its potential for migra- about the use of ground water in the tion; area around the facility the Regional (ii) The hydrogeological characteris- Administrator will consider any identi- tics of the facility and surrounding fication of underground sources of land; drinking water and exempted aquifers (iii) The quantity of ground water made under § 144.8 of this chapter. and the direction of ground-water flow; [47 FR 32350, July 26, 1982, as amended at 48 (iv) The proximity and withdrawal FR 14294, Apr. 1, 1983] rates of ground-water users; (v) The current and future uses of § 264.95 Point of compliance. ground water in the area; (a) The Regional Administrator will (vi) The existing quality of ground specify in the facility permit the point water, including other sources of con- of compliance at which the ground- tamination and their cumulative im- water protection standard of § 264.92 ap- pact on the ground-water quality; plies and at which monitoring must be
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conducted. The point of compliance is water samples from the uppermost aq- a vertical surface located at the hy- uifer that: draulically downgradient limit of the (1) Represent the quality of back- waste management area that extends ground water that has not been af- down into the uppermost aquifer un- fected by leakage from a regulated derlying the regulated units. unit; (b) The waste management area is (i) A determination of background the limit projected in the horizontal quality may include sampling of wells plane of the area on which waste will that are not hydraulically upgradient be placed during the active life of a of the waste management area where: regulated unit. (A) Hydrogeologic conditions do not (1) The waste management area in- allow the owner or operator to deter- cludes horizontal space taken up by mine what wells are hydraulically any liner, dike, or other barrier de- upgradient; and signed to contain waste in a regulated (B) Sampling at other wells will pro- unit. vide an indication of background (2) If the facility contains more than ground-water quality that is represent- one regulated unit, the waste manage- ative or more representative than that ment area is described by an imaginary provided by the upgradient wells; and line circumscribing the several regu- (2) Represent the quality of ground lated units. water passing the point of compliance. (3) Allow for the detection of con- § 264.96 Compliance period. tamination when hazardous waste or (a) The Regional Administrator will hazardous constituents have migrated specify in the facility permit the com- from the waste management area to pliance period during which the the uppermost aquifer. ground-water protection standard of (b) If a facility contains more than § 264.92 applies. The compliance period one regulated unit, separate ground- is the number of years equal to the ac- water monitoring systems are not re- tive life of the waste management area quired for each regulated unit provided (including any waste management ac- that provisions for sampling the tivity prior to permitting, and the clo- ground water in the uppermost aquifer sure period.) will enable detection and measurement (b) The compliance period begins at the compliance point of hazardous when the owner or operator initiates a constituents from the regulated units compliance monitoring program meet- that have entered the ground water in ing the requirements of § 264.99. the uppermost aquifer. (c) If the owner or operator is en- (c) All monitoring wells must be gaged in a corrective action program at cased in a manner that maintains the the end of the compliance period speci- integrity of the monitoring-well bore fied in paragraph (a) of this section, hole. This casing must be screened or the compliance period is extended until perforated and packed with gravel or the owner or operator can demonstrate sand, where necessary, to enable collec- that the ground-water protection tion of ground-water samples. The an- standard of § 264.92 has not been exceed- nular space (i.e., the space between the ed for a period of three consecutive bore hole and well casing) above the years. sampling depth must be sealed to pre- vent contamination of samples and the § 264.97 General ground-water moni- ground water. toring requirements. (d) The ground-water monitoring pro- The owner or operator must comply gram must include consistent sampling with the following requirements for and analysis procedures that are de- any ground-water monitoring program signed to ensure monitoring results developed to satisfy § 264.98, § 264.99, or that provide a reliable indication of § 264.100: ground-water quality below the waste (a) The ground-water monitoring sys- management area. At a minimum the tem must consist of a sufficient num- program must include procedures and ber of wells, installed at appropriate techniques for: locations and depths to yield ground- (1) Sample collection;
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(2) Sample preservation and ship- practical quantification limits (pql’s) ment; are used in any of the following statis- (3) Analytical procedures; and tical procedures to comply with (4) Chain of custody control. § 264.97(i)(5), the pql must be proposed (e) The ground-water monitoring pro- by the owner or operator and approved gram must include sampling and ana- by the Regional Administrator. Use of lytical methods that are appropriate any of the following statistical meth- for ground-water sampling and that ac- ods must be protective of human curately measure hazardous constitu- health and the environment and must ents in ground-water samples. comply with the performance stand- (f) The ground-water monitoring pro- ards outlined in paragraph (i) of this gram must include a determination of section. the ground-water surface elevation (1) A parametric analysis of variance each time ground water is sampled. (ANOVA) followed by multiple com- (g) In detection monitoring or where parisons procedures to identify statis- appropriate in compliance monitoring, tically significant evidence of contami- data on each hazardous constituent nation. The method must include esti- specified in the permit will be collected mation and testing of the contrasts be- from background wells and wells at the tween each compliance well’s mean and compliance point(s). The number and the background mean levels for each kinds of samples collected to establish constituent. background shall be appropriate for the (2) An analysis of variance (ANOVA) form of statistical test employed, fol- based on ranks followed by multiple lowing generally accepted statistical comparisons procedures to identify sta- principles. The sample size shall be as tistically significant evidence of con- large as necessary to ensure with rea- tamination. The method must include sonable confidence that a contaminant estimation and testing of the contrasts release to ground water from a facility between each compliance well’s median will be detected. The owner or operator and the background median levels for will determine an appropriate sampling each constituent. procedure and interval for each haz- ardous constituent listed in the facility (3) A tolerance or prediction interval permit which shall be specified in the procedure in which an interval for each unit permit upon approval by the Re- constituent is established from the dis- gional Administrator. This sampling tribution of the background data, and procedure shall be: the level of each constituent in each (1) A sequence of at least four sam- compliance well is compared to the ples, taken at an interval that assures, upper tolerance or prediction limit. to the greatest extent technically fea- (4) A control chart approach that sible, that an independent sample is ob- gives control limits for each con- tained, by reference to the uppermost stituent. aquifer’s effective porosity, hydraulic (5) Another statistical test method conductivity, and hydraulic gradient, submitted by the owner or operator and the fate and transport characteris- and approved by the Regional Adminis- tics of the potential contaminants, or trator. (2) an alternate sampling procedure (i) Any statistical method chosen proposed by the owner or operator and under § 264.97(h) for specification in the approved by the Regional Adminis- unit permit shall comply with the fol- trator. lowing performance standards, as ap- (h) The owner or operator will specify propriate: one of the following statistical meth- (1) The statistical method used to ods to be used in evaluating ground- evaluate ground-water monitoring data water monitoring data for each haz- shall be appropriate for the distribu- ardous constituent which, upon ap- tion of chemical parameters or haz- proval by the Regional Administrator, ardous constituents. If the distribution will be specified in the unit permit. of the chemical parameters or haz- The statistical test chosen shall be ardous constituents is shown by the conducted separately for each haz- owner or operator to be inappropriate ardous constituent in each well. Where for a normal theory test, then the data
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should be transformed or a distribu- cision and accuracy during routine lab- tion-free theory test should be used. If oratory operating conditions that are the distributions for the constituents available to the facility. differ, more than one statistical meth- (6) If necessary, the statistical meth- od may be needed. od shall include procedures to control (2) If an individual well comparison or correct for seasonal and spatial vari- procedure is used to compare an indi- ability as well as temporal correlation vidual compliance well constituent in the data. concentration with background con- (j) Ground-water monitoring data stituent concentrations or a ground- collected in accordance with paragraph water protection standard, the test (g) of this section including actual lev- shall be done at a Type I error level no els of constituents must be maintained less than 0.01 for each testing period. If in the facility operating record. The a multiple comparisons procedure is Regional Administrator will specify in used, the Type I experimentwise error the permit when the data must be sub- rate for each testing period shall be no mitted for review. less than 0.05; however, the Type I error of no less than 0.01 for individual [47 FR 32350, July 26, 1982, as amended at 50 well comparisons must be maintained. FR 4514, Jan. 31, 1985; 53 FR 39728, Oct. 11, 1988] This performance standard does not apply to tolerance intervals, prediction § 264.98 Detection monitoring pro- intervals or control charts. gram. (3) If a control chart approach is used to evaluate ground-water monitoring An owner or operator required to es- data, the specific type of control chart tablish a detection monitoring pro- and its associated parameter values gram under this subpart must, at a shall be proposed by the owner or oper- minimum, discharge the following re- ator and approved by the Regional Ad- sponsibilities: ministrator if he or she finds it to be (a) The owner or operator must mon- protective of human health and the en- itor for indicator parameters (e.g., spe- vironment. cific conductance, total organic car- (4) If a tolerance interval or a pre- bon, or total organic halogen), waste diction interval is used to evaluate constituents, or reaction products that groundwater monitoring data, the lev- provide a reliable indication of the els of confidence and, for tolerance in- presence of hazardous constituents in tervals, the percentage of the popu- ground water. The Regional Adminis- lation that the interval must contain, trator will specify the parameters or shall be proposed by the owner or oper- constituents to be monitored in the fa- ator and approved by the Regional Ad- cility permit, after considering the fol- ministrator if he or she finds these pa- lowing factors: rameters to be protective of human (1) The types, quantities, and con- health and the environment. These pa- centrations of constituents in wastes rameters will be determined after con- managed at the regulated unit; sidering the number of samples in the (2) The mobility, stability, and background data base, the data dis- persistance of waste constituents or tribution, and the range of the con- their reaction products in the unsatu- centration values for each constituent rated zone beneath the waste manage- of concern. ment area; (5) The statistical method shall ac- (3) The detectability of indicator pa- count for data below the limit of detec- rameters, waste constituents, and reac- tion with one or more statistical proce- tion products in ground water; and dures that are protective of human (4) The concentrations or values and health and the environment. Any prac- coefficients of variation of proposed tical quantification limit (pql) ap- monitoring parameters or constituents proved by the Regional Administrator in the ground-water background. under § 264.97(h) that is used in the sta- (b) The owner or operator must in- tistical method shall be the lowest con- stall a ground-water monitoring sys- centration level tha can be reliably tem at the compliance point as speci- achieved within specified limits of pre- fied under § 264.95. The ground-water
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monitoring system must comply with (g) If the owner or operator deter- § 264.97(a)(2), (b), and (c). mines pursuant to paragraph (f) of this (c) The owner or operator must con- section that there is statistically sig- duct a ground-water monitoring pro- nificant evidence of contamination for gram for each chemical parameter and chemical parameters or hazardous con- hazardous constituent specified in the stituents specified pursuant to para- permit pursuant to paragraph (a) of graph (a) of this section at any moni- this section in accordance with toring well at the compliance point, he § 264.97(g). The owner or operator must or she must: maintain a record of ground-water ana- (1) Notify the Regional Adminis- lytical data as measured and in a form trator of this finding in writing within necessary for the determination of sta- seven days. The notification must indi- tistical significance under § 264.97(h). cate what chemical parameters or haz- (d) The Regional Administrator will ardous constituents have shown statis- specify the frequencies for collecting tically significant evidence of contami- samples and conducting statistical nation; tests to determine whether there is (2) Immediately sample the ground statistically significant evidence of water in all monitoring wells and de- contamination for any parameter or termine whether constituents in the hazardous constituent specified in the list of appendix IX of part 264 are permit under paragraph (a) of this sec- present, and if so, in what concentra- tion in accordance with § 264.97(g). A se- tion. quence of at least four samples from (3) For any appendix IX compounds each well (background and compliance found in the analysis pursuant to para- wells) must be collected at least semi- graph (g)(2) of this section, the owner annually during detection monitoring. or operator may resample within one (e) The owner or operator must deter- month and repeat the analysis for mine the ground-water flow rate and those compounds detected. If the re- direction in the uppermost aquifer at sults of the second analysis confirm least annually. (f) The owner or operator must deter- the initial results, then these constitu- mine whether there is statistically sig- ents will form the basis for compliance nificant evidence of contamination for monitoring. If the owner or operator any chemical parameter of hazardous does not resample for the compounds constituent specified in the permit pur- found pursuant to paragraph (g)(2) of suant to paragraph (a) of this section this section, the hazardous constitu- at a frequency specified under para- ents found during this initial appendix graph (d) of this section. IX analysis will form the basis for com- (1) In determining whether statis- pliance monitoring. tically significant evidence of contami- (4) Within 90 days, submit to the Re- nation exists, the owner or operator gional Administrator an application must use the method(s) specified in the for a permit modification to establish a permit under § 264.97(h). These meth- compliance monitoring program meet- od(s) must compare data collected at ing the requirements of § 264.99. The ap- the compliance point(s) to the back- plication must include the following ground ground-water quality data. information: (2) The owner or operator must deter- (i) An identification of the con- mine whether there is statistically sig- centration or any appendix IX con- nificant evidence of contamination at stituent detected in the ground water each monitoring well as the compli- at each monitoring well at the compli- ance point within a reasonable period ance point; of time after completion of sampling. (ii) Any proposed changes to the The Regional Administrator will speci- ground-water monitoring system at the fy in the facility permit what period of facility necessary to meet the require- time is reasonable, after considering ments of § 264.99; the complexity of the statistical test (iii) Any proposed additions or and the availability of laboratory fa- changes to the monitoring frequency, cilities to perform the analysis of sampling and analysis procedures or ground-water samples. methods, or statistical methods used at
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the facility necessary to meet the re- (i) Notify the Regional Administrator quirements of § 264.99; in writing within seven days of deter- (iv) For each hazardous constituent mining statistically significant evi- detected at the compliance point, a dence of contamination at the compli- proposed concentration limit under ance point that he intends to make a § 264.94(a) (1) or (2), or a notice of intent demonstration under this paragraph; to seek an alternate concentration (ii) Within 90 days, submit a report to limit under § 264.94(b); and the Regional Administrator which (5) Within 180 days, submit to the Re- demonstrates that a source other than gional Administrator: a regulated unit caused the contamina- (i) All data necessary to justify an al- tion or that the contamination re- ternate concentration limit sought sulted from error in sampling, analysis, under § 264.94(b); and or evaluation; (ii) An engineering feasibility plan (iii) Within 90 days, submit to the Re- for a corrective action program nec- gional Administrator an application essary to meet the requirement of for a permit modification to make any § 264.100, unless: appropriate changes to the detection (A) All hazardous constituents iden- monitoring program facility; and tified under paragraph (g)(2) of this sec- (iv) Continue to monitor in accord- tion are listed in Table 1 of § 264.94 and ance with the detection monitoring their concentrations do not exceed the program established under this section. respective values given in that Table; (h) If the owner or operator deter- or mines that the detection monitoring (B) The owner or operator has sought program no longer satisfies the re- an alternate concentration limit under quirements of this section, he or she § 264.94(b) for every hazardous con- must, within 90 days, submit an appli- stituent identified under paragraph cation for a permit modification to (g)(2) of this section. make any appropriate changes to the (6) If the owner or operator deter- program. mines, pursuant to paragraph (f) of this section, that there is a statistically [47 FR 32350, July 26, 1982, as amended at 50 significant difference for chemical pa- FR 4514, Jan. 31, 1985; 52 FR 25946, July 9, rameters or hazardous constituents 1987; 53 FR 39729, Oct. 11, 1988] specified pursuant to paragraph (a) of § 264.99 this section at any monitoring well at *COM022**COM022*Compliance the compliance point, he or she may monitoring program. demonstrate that a source other than a regulated unit caused the contamina- An owner or operator required to es- tion or that the detection is an artifact tablish a compliance monitoring pro- caused by an error in sampling, anal- gram under this subpart must, at a ysis, or statistical evaluation or nat- minimum, discharge the following re- ural variation in the ground water. The sponsibilities: owner operator may make a dem- (a) The owner or operator must mon- onstration under this paragraph in ad- itor the ground water to determine dition to, or in lieu of, submitting a whether regulated units are in compli- permit modification application under ance with the ground-water protection paragraph (g)(4) of this section; how- standard under § 264.92. The Regional ever, the owner or operator is not re- Administrator will specify the ground- lieved of the requirement to submit a water protection standard in the facil- permit modification application within ity permit, including: the time specified in paragraph (g)(4) of (1) A list of the hazardous constitu- this section unless the demonstration ents identified under § 264.93; made under this paragraph successfully (2) Concentration limits under § 264.94 shows that a source other than a regu- for each of those hazardous constitu- lated unit caused the increase, or that ents; the increase resulted from error in (3) The compliance point under sampling, analysis, or evaluation. In § 264.95; and making a demonstration under this (4) The compliance period under paragraph, the owner or operator must: § 264.96.
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(b) The owner or operator must in- tests to determine statistically signifi- stall a ground-water monitoring sys- cant evidence of increased contamina- tem at the compliance point as speci- tion in accordance with § 264.97(g). A se- fied under § 264.95. The ground-water quence of at least four samples from monitoring system must comply with each well (background and compliance § 264.97(a)(2), (b), and (c). wells) must be collected at least semi- (c) The Regional Administrator will annually during the compliance period specify the sampling procedures and of the facility. statistical methods appropriate for the (g) The owner or operator must ana- constituents and the facility, con- lyze samples from all monitoring wells sistent with § 264.97 (g) and (h). at the compliance point for all con- (1) The owner or operator must con- stituents contained in appendix IX of duct a sampling program for each part 264 at least annually to determine chemical parameter or hazardous con- whether additional hazardous constitu- stituent in accordance with § 264.97(g). ents are present in the uppermost aqui- (2) The owner or operator must fer and, if so, at what concentration, record ground-water analytical data as pursuant to procedures in § 264.98(f). If measured and in form necessary for the the owner or operator finds appendix determination of statistical signifi- IX constituents in the ground water cance under § 264.97(h) for the compli- that are not already identified in the ance period of the facility. permit as monitoring constituents, the (d) The owner or operator must de- owner or operator may resample within termine whether there is statistically one month and repeat the appendix IX significant evidence of increased con- analysis. If the second analysis con- tamination for any chemical param- firms the presence of new constituents, eter or hazardous constituent specified the owner or operator must report the in the permit, pursuant to paragraph concentration of these additional con- (a) of this section, at a frequency speci- stituents to the Regional Adminis- fied under paragraph (f) under this sec- trator within seven days after the com- tion. pletion of the second analysis and add (1) In determining whether statis- them to the monitoring list. If the tically significant evidence of in- owner or operator chooses not to re- creased contamination exists, the sample, then he or she must report the owner or operator must use the meth- concentrations of these additional con- od(s) specified in the permit under stituents to the Regional Adminis- § 264.97(h). The methods(s) must com- trator within seven days after comple- pare data collected at the compliance tion of the intiial analysis and add point(s) to a concentration limit devel- them to the monitoring list. oped in accordance with § 264.94. (2) The owner or operator must deter- (h) If the owner or operator deter- mine whether there is statistically sig- mines pursuant to paragraph (d) of this nificant evidence of increased contami- section that any concentration limits nation at each monitoring well at the under § 264.94 are being exceeded at any compliance point within a reasonable monitoring well at the point of compli- time period after completion of sam- ance he or she must: pling. The Regional Administrator will (1) Notify the Regional Adminis- specify that time period in the facility trator of this finding in writing within permit, after considering the com- seven days. The notification must indi- plexity of the statistical test and the cate what concentration limits have availability of laboratory facilities to been exceeded. perform the analysis of ground-water (2) Submit to the Regional Adminis- samples. trator an application for a permit (e) The owner or operator must deter- modification to establish a corrective mine the ground-water flow rate and action program meeting the require- direction in the uppermost aquifer at ments of § 264.100 within 180 days, or least annually. within 90 days if an engineering feasi- (f) The Regional Administrator will bility study has been previously sub- specify the frequencies for collecting mitted to the Regional Administrator samples and conducting statistical under § 264.98(h)(5). The application
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must at a minimum include the fol- for a permit modification to make any lowing information: appropriate changes to the program. (i) A detailed description of correc- [47 FR 32350, July 26, 1982, as amended at 50 tive actions that will achieve compli- FR 4514, Jan. 31, 1985; 52 FR 25946, July 9, ance with the ground–water protection 1987; 53 FR 39730, Oct. 11, 1988] standard specified in the permit under paragraph (a) of this section; and § 264.100 Corrective action program. (ii) A plan for a ground-water moni- An owner or operator required to es- toring program that will demonstrate tablish a corrective action program the effectiveness of the corrective ac- under this subpart must, at a min- tion. Such a ground-water monitoring imum, discharge the following respon- program may be based on a compliance sibilities: (a) The owner or operator must take monitoring program developed to meet corrective action to ensure that regu- the requirements of this section. lated units are in compliance with the (i) If the owner or operator deter- ground-water protection standard mines, pursuant to paragraph (d) of under § 264.92. The Regional Adminis- this section, that the ground-water trator will specify the ground-water concentration limits under this section protection standard in the facility per- are being exceeded at any monitoring mit, including: well at the point of compliance, he or (1) A list of the hazardous constitu- she may demonstrate that a source ents identified under § 264.93; other than a regulated unit caused the (2) Concentration limits under § 264.94 contamination or that the detection is for each of those hazardous constitu- an artifact caused by an error in sam- ents; pling, analysis, or statistical evalua- (3) The compliance point under tion or natural variation in the ground § 264.95; and water. In making a demonstration (4) The compliance period under under this paragraph, the owner or op- § 264.96. (b) The owner or operator must im- erator must: plement a corrective action program (1) Notify the Regional Adminis- that prevents hazardous constituents trator in writing within seven days from exceeding their respective con- that he intends to make a demonstra- centration limits at the compliance tion under this paragraph; point by removing the hazardous waste (2) Within 90 days, submit a report to constituents or treating them in place. the Regional Administrator which The permit will specify the specific demonstrates that a source other than measures that will be taken. a regulated unit caused the standard to (c) The owner or operator must begin be exceeded or that the apparent non- corrective action within a reasonable compliance with the standards resulted time period after the ground-water pro- from error in sampling, analysis, or tection standard is exceeded. The Re- evaluation; gional Administrator will specify that (3) Within 90 days, submit to the Re- time period in the facility permit. If a gional Administrator an application facility permit includes a corrective for a permit modification to make any action program in addition to a com- appropriate changes to the compliance pliance monitoring program, the per- mit will specify when the corrective monitoring program at the facility; action will begin and such a require- and ment will operate in lieu of (4) Continue to monitor in accord § 264.99(i)(2). with the compliance monitoring pro- (d) In conjunction with a corrective gram established under this section. action program, the owner or operator (j) If the owner or operator deter- must establish and implement a mines that the compliance monitoring ground-water monitoring program to program no longer satisfies the re- demonstrate the effectiveness of the quirements of this section, he must, corrective action program. Such a within 90 days, submit an application monitoring program may be based on
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the requirements for a compliance taken beyond the period equal to the monitoring program under § 264.99 and active life of the waste management must be as effective as that program in area (including the closure period) if he determining compliance with the can demonstrate, based on data from ground-water protection standard the ground-water monitoring program under § 264.92 and in determining the under paragraph (d) of this section, success of a corrective action program that the ground-water protection under paragraph (e) of this section, standard of § 264.92 has not been exceed- where appropriate. ed for a period of three consecutive (e) In addition to the other require- years. ments of this section, the owner or op- (g) The owner or operator must re- erator must conduct a corrective ac- port in writing to the Regional Admin- tion program to remove or treat in istrator on the effectiveness of the cor- place any hazardous constituents under rective action program. The owner or § 264.93 that exceed concentration lim- operator must submit these reports its under § 264.94 in groundwater: semi-annually. (1) Between the compliance point (h) If the owner or operator deter- under § 264.95 and the downgradient mines that the corrective action pro- property boundary; and gram no longer satisfies the require- (2) Beyond the facility boundary, ments of this section, he must, within where necessary to protect human 90 days, submit an application for a health and the environment, unless the permit modification to make any ap- owner or operator demonstrates to the propriate changes to the program. satisfaction of the Regional Adminis- [47 FR 32350, July 26, 1985, as amended at 50 trator that, despite the owner’s or op- FR 4514, Jan. 31, 1985; 52 FR 45798, Dec. 1, erator’s best efforts, the owner or oper- 1987] ator was unable to obtain the nec- essary permission to undertake such § 264.101 Corrective action for solid action. The owner/operator is not re- waste management units. lieved of all responsibility to clean up (a) The owner or operator of a facil- a release that has migrated beyond the ity seeking a permit for the treatment, facility boundary where off-site access storage or disposal of hazardous waste is denied. On-site measures to address must institute corrective action as such releases will be determined on a necessary to protect human health and case-by-case basis. the environment for all releases of haz- (3) Corrective action measures under ardous waste or constituents from any this paragraph must be initiated and solid waste management unit at the fa- completed within a reasonable period cility, regardless of the time at which of time considering the extent of con- waste was placed in such unit. tamination. (b) Corrective action will be specified (4) Corrective action measures under in the permit in accordance with this this paragraph may be terminated once section and subpart S of this part. The the concentration of hazardous con- permit will contain schedules of com- stituents under § 264.93 is reduced to pliance for such corrective action levels below their respective con- (where such corrective action cannot centration limits under § 264.94. be completed prior to issuance of the (f) The owner or operator must con- permit) and assurances of financial re- tinue corrective action measures dur- sponsibility for completing such cor- ing the compliance period to the extent rective action. necessary to ensure that the ground- (c) The owner or operator must im- water protection standard is not ex- plement corrective actions beyond the ceeded. If the owner or operator is con- facility property boundary, where nec- ducting corrective action at the end of essary to protect human health and the the compliance period, he must con- environment, unless the owner or oper- tinue that corrective action for as long ator demonstrates to the satisfaction as necessary to achieve compliance of the Regional Administrator that, de- with the ground-water protection spite the owner’s or operator’s best ef- standard. The owner or operator may forts, the owner or operator was unable terminate corrective action measures to obtain the necessary permission to
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undertake such actions. The owner/op- Regional Administrator determines erator is not relieved of all responsi- that: bility to clean up a release that has mi- (1) The regulated unit is situated grated beyond the facility boundary among solid waste management units where off-site access is denied. On-site (or areas of concern), a release has oc- measures to address such releases will curred, and both the regulated unit and be determined on a case-by-case basis. one or more solid waste management Assurances of financial responsibility unit(s) (or areas of concern) are likely for such corrective action must be pro- to have contributed to the release; and vided. (2) It is not necessary to apply the (d) This does not apply to remedi- closure requirements of this subpart ation waste management sites unless (and those referenced herein) because they are part of a facility subject to a the alternative requirements will pro- permit for treating, storing or dis- tect human health and the environ- posing of hazardous wastes that are not ment and will satisfy the closure per- remediation wastes. formance standard of § 264.111 (a) and (b). [50 FR 28747, July 15, 1985, as amended at 52 FR 45798, Dec. 1, 1987; 58 FR 8683, Feb. 16, [51 FR 16444, May 2, 1986, as amended at 51 1993; 63 FR 65938, Nov. 30, 1998] FR 25472, July 14, 1986; 57 FR 37264, Aug. 18, 1992; 63 FR 56733, Oct. 22, 1998] Subpart G—Closure and Post- § 264.111 Closure performance stand- Closure ard. The owner or operator must close the SOURCE: 51 FR 16444, May 2, 1986, unless facility in a manner that: otherwise noted. (a) Minimizes the need for further maintenance; and § 264.110 Applicability. (b) Controls, minimizes or elimi- nates, to the extent necessary to pro- Except as § 264.1 provides otherwise: tect human health and the environ- (a) Sections 264.111 through 264.115 ment, post-closure escape of hazardous (which concern closure) apply to the waste, hazardous constituents, leach- owners and operators of all hazardous ate, contaminated run-off, or haz- waste management facilities; and ardous waste decomposition products (b) Sections 264.116 through 264.120 to the ground or surface waters or to (which concern post-closure care) apply the atmosphere; and to the owners and operators of: (c) Complies with the closure require- (1) All hazardous waste disposal fa- ments of this subpart, including, but cilities; not limited to, the requirements of (2) Waste piles and surface impound- §§ 264.178, 264.197, 264.228, 264.258, 264.280, ments from which the owner or oper- 264.310, 264.351, 264.601 through 264.603, ator intends to remove the wastes at and 264.1102. closure to the extent that these sec- tions are made applicable to such fa- [51 FR 16444, May 2, 1986, as amended at 52 FR 46963, Dec. 10, 1987; 57 FR 37265, Aug. 18, cilities in § 264.228 or § 264.258; 1992] (3) Tank systems that are required under § 264.197 to meet the require- § 264.112 Closure plan; amendment of ments for landfills; and plan. (4) Containment buildings that are (a) Written plan. (1) The owner or op- required under § 264.1102 to meet the re- erator of a hazardous waste manage- quirement for landfills. ment facility must have a written clo- (c) The Regional Administrator may sure plan. In addition, certain surface replace all or part of the requirements impoundments and waste piles from of this subpart (and the unit-specific which the owner or operator intends to standards referenced in § 264.111(c) ap- remove or decontaminate the haz- plying to a regulated unit), with alter- ardous waste at partial or final closure native requirements set out in a permit are required by §§ 264.228(c)(1)(i) and or in an enforceable document (as de- 264.258(c)(1)(i) to have contingent clo- fined in 40 CFR 270.1(c)(7)), where the sure plans. The plan must be submitted
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with the permit application, in accord- and testing surrounding soils, and cri- ance with § 270.14(b)(13) of this chapter, teria for determining the extent of de- and approved by the Regional Adminis- contamination required to satisfy the trator as part of the permit issuance closure performance standard; and procedures under part 124 of this chap- (5) A detailed description of other ac- ter. In accordance with § 270.32 of this tivities necessary during the closure chapter, the approved closure plan will period to ensure that all partial clo- become a condition of any RCRA per- sures and final closure satisfy the clo- mit. sure performance standards, including, (2) The Director’s approval of the but not limited to, ground-water moni- plan must ensure that the approved toring, leachate collection, and run-on closure plan is consistent with §§ 264.111 and run-off control; and through 264.115 and the applicable re- (6) A schedule for closure of each haz- quirements of subpart F of this part, ardous waste management unit and for §§ 264.178, 264.197, 264.228, 264.258, 264.280, 264.310, 264.351, 264.601, and 264.1102. final closure of the facility. The sched- Until final closure is completed and ule must include, at a minimum, the certified in accordance with § 264.115, a total time required to close each haz- copy of the approved plan and all ap- ardous waste management unit and the proved revisions must be furnished to time required for intervening closure the Director upon request, including activities which will allow tracking of requests by mail. the progress of partial and final clo- (b) Content of plan. The plan must sure. (For example, in the case of a identify steps necessary to perform landfill unit, estimates of the time re- partial and/or final closure of the facil- quired to treat or dispose of all haz- ity at any point during its active life. ardous waste inventory and of the time The closure plan must include, at least: required to place a final cover must be (1) A description of how each haz- included.) ardous waste management unit at the (7) For facilities that use trust funds facility will be closed in accordance to establish financial assurance under with § 264.111; § 264.143 or § 264.145 and that are ex- (2) A description of how final closure pected to close prior to the expiration of the facility will be conducted in ac- of the permit, an estimate of the ex- cordance with § 264.111. The description pected year of final closure. must identify the maximum extent of (8) For facilities where the Regional the operations which will be unclosed Administrator has applied alternative during the active life of the facility; requirements at a regulated unit under and §§ 264.90(f), 264.110(d), and/or § 264.140(d), (3) An estimate of the maximum in- either the alternative requirements ap- ventory of hazardous wastes ever on- plying to the regulated unit, or a ref- site over the active life of the facility erence to the enforceable document and a detailed description of the meth- containing those alternative require- ods to be used during partial closures ments. and final closure, including, but not limited to, methods for removing, (c) Amendment of plan. The owner or transporting, treating, storing, or dis- operator must submit a written notifi- posing of all hazardous wastes, and cation of or request for a permit modi- identification of the type(s) of the off- fication to authorize a change in oper- site hazardous waste management ating plans, facility design, or the ap- units to be used, if applicable; and proved closure plan in accordance with (4) A detailed description of the steps the applicable procedures in parts 124 needed to remove or decontaminate all and 270. The written notification or re- hazardous waste residues and contami- quest must include a copy of the nated containment system compo- amended closure plan for review or ap- nents, equipment, structures, and soils proval by the Regional Administrator. during partial and final closure, includ- (1) The owner or operator may sub- ing, but not limited to, procedures for mit a written notification or request to cleaning equipment and removing con- the Regional Administrator for a per- taminated soils, methods for sampling mit modification to amend the closure
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plan at any time prior to the notifica- (4) The Regional Administrator may tion of partial or final closure of the fa- request modifications to the plan under cility. the conditions described in (2) The owner or operator must sub- § 264.112(c)(2). The owner or operator mit a written notification of or request must submit the modified plan within for a permit modification to authorize 60 days of the Regional Administrator’s a change in the approved closure plan request, or within 30 days if the change whenever: in facility conditions occurs during (i) Changes in operating plans or fa- partial or final closure. Any modifica- cility design affect the closure plan, or tions requested by the Regional Ad- (ii) There is a change in the expected ministrator will be approved in accord- year of closure, if applicable, or ance with the procedures in parts 124 (iii) In conducting partial or final and 270. (d) Notification of partial closure and closure activities, unexpected events final closure. (1) The owner or operator require a modification of the approved must notify the Regional Adminis- closure plan. trator in writing at least 60 days prior (iv) The owner or operator requests to the date on which he expects to the Regional Administrator to apply begin closure of a surface impound- alternative requirements to a regu- ment, waste pile, land treatment or lated unit under §§ 264.90(f), 264.110(c), landfill unit, or final closure of a facil- and/or § 264.140(d). ity with such a unit. The owner or op- (3) The owner or operator must sub- erator must notify the Regional Ad- mit a written request for a permit ministrator in writing at least 45 days modification including a copy of the prior to the date on which he expects amended closure plan for approval at to begin final closure of a facility with least 60 days prior to the proposed only treatment or storage tanks, con- change in facility design or operation, tainer storage, or incinerator units to or no later than 60 days after an unex- be closed. The owner or operator must pected event has occurred which has af- notify the Regional Administrator in fected the closure plan. If an unex- writing at least 45 days prior to the pected event occurs during the partial date on which he expects to begin par- or final closure period, the owner or op- tial or final closure of a boiler or indus- erator must request a permit modifica- trial furnace, whichever is earlier. tion no later than 30 days after the un- (2) The date when he ‘‘expects to expected event. An owner or operator begin closure’’ must be either: of a surface impoundment or waste pile (i) No later than 30 days after the that intends to remove all hazardous date on which any hazardous waste waste at closure and is not otherwise management unit receives the known required to prepare a contingent clo- final volume of hazardous wastes, or if sure plan under § 264.228(c)(1)(i) or there is a reasonable possibility that § 264.258(c)(1)(i), must submit an amend- the hazardous waste management unit ed closure plan to the Regional Admin- will receive additional hazardous istrator no later than 60 days from the wastes, no later than one year after the date that the owner or operator or Re- date on which the unit received the gional Administrator determines that most recent volume of hazardous the hazardous waste management unit wastes. If the owner or operator of a must be closed as a landfill, subject to hazardous waste management unit can the requirements of § 264.310, or no demonstrate to the Regional Adminis- later than 30 days from that date if the trator that the hazardous waste man- determination is made during partial agement unit or facility has the capac- or final closure. The Regional Adminis- ity to receive additional hazardous trator will approve, disapprove, or wastes and he has taken all steps to modify this amended plan in accord- prevent threats to human health and ance with the procedures in parts 124 the environment, including compliance and 270. In accordance with § 270.32 of with all applicable permit require- this chapter, the approved closure plan ments, the Regional Administrator will become a condition of any RCRA may approve an extension to this one- permit issued. year limit; or
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(ii) For units meeting the require- erator must treat, remove from the ments of § 264.113(d), no later than 30 unit or facility, or dispose of on-site, days after the date on which the haz- all hazardous wastes in accordance ardous waste management unit re- with the approved closure plan. The ceives the known final volume of non- Regional Administrator may approve a hazardous wastes, or if there is a rea- longer period if the owner or operator sonable possibility that the hazardous complies with all applicable require- waste management unit will receive ments for requesting a modification to additional non-hazardous wastes, no the permit and demonstrates that: later than one year after the date on (1)(i) The activities required to com- which the unit received the most re- ply with this paragraph will, of neces- cent volume of non-hazardous wastes. sity, take longer than 90 days to com- If the owner or operator can dem- plete; or onstrate to the Regional Administrator (ii)(A) The hazardous waste manage- that the hazardous waste management ment unit or facility has the capacity unit has the capacity to receive addi- to receive additional hazardous wastes, tional non-hazardous wastes and he has or has the capacity to receive non-haz- taken, and will continue to take, all ardous wastes if the owner or operator steps to prevent threats to human complies with paragraphs (d) and (e) of health and the environment, including this section; and compliance with all applicable permit (B) There is a reasonable likelihood requirements, the Regional Adminis- that he or another person will recom- trator may approve an extension to mence operation of the hazardous this one-year limit. waste management unit or the facility (3) If the facility’s permit is termi- within one year; and nated, or if the facility is otherwise or- (C) Closure of the hazardous waste dered, by judicial decree or final order management unit or facility would be under section 3008 of RCRA, to cease incompatible with continued operation receiving hazardous wastes or to close, of the site; and then the requirements of this para- (2) He has taken and will continue to graph do not apply. However, the take all steps to prevent threats to owner or operator must close the facil- human health and the environment, in- ity in accordance with the deadlines es- cluding compliance with all applicable tablished in § 264.113. permit requirements. (e) Removal of wastes and decontamina- (b) The owner or operator must com- tion or dismantling of equipment. Noth- plete partial and final closure activi- ing in this section shall preclude the ties in accordance with the approved owner or operator from removing haz- closure plan and within 180 days after ardous wastes and decontaminating or receiving the final volume of hazardous dismantling equipment in accordance wastes, or the final volume of non-haz- with the approved partial or final clo- ardous wastes if the owner or operator sure plan at any time before or after complies with all applicable require- notification of partial or final closure. ments in paragraphs (d) and (e) of this section, at the hazardous waste man- [51 FR 16444, May 2, 1986, as amended at 52 FR 46963, Dec. 10, 1987; 53 FR 37935, Sept. 28, agement unit or facility. The Regional 1988; 54 FR 33394, Aug. 14, 1989; 56 FR 7207, Administrator may approve an exten- Feb. 21, 1991; 57 FR 37265, Aug. 18, 1992; 63 FR sion to the closure period if the owner 56733, Oct. 22, 1998] or operator complies with all applica- ble requirements for requesting a § 264.113 Closure; time allowed for clo- modification to the permit and dem- sure. onstrates 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 non-hazardous than 180 days to complete; or wastes if the owner or operator com- (ii)(A) The hazardous waste manage- plies with all applicable requirements ment unit or facility has the capacity in paragraphs (d) and (e) of this sec- to receive additional hazardous wastes, tion, at a hazardous waste manage- or has the capacity to receive non-haz- ment unit or facility, the owner or op- ardous wastes if the owner or operator
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complies with paragraphs (d) and (e) of ments of the unit or facility under this this section; and part; and (B) There is reasonable likelihood (iv) Closure of the hazardous waste that he or another person will recom- management unit would be incompat- mence operation of the hazardous ible with continued operation of the waste management unit or the facility unit or facility; and within one year; and (v) The owner or operator is oper- (C) Closure of the hazardous waste ating and will continue to operate in management unit or facility would be compliance with all applicable permit incompatible with continued operation requirements; and of the site; and (2) The request to modify the permit (2) He has taken and will continue to includes an amended waste analysis take all steps to prevent threats to plan, ground-water monitoring and re- human health and the environment sponse program, human exposure as- from the unclosed but not operating sessment required under RCRA section hazardous waste management unit or 3019, and closure and post-closure facility, including compliance with all plans, and updated cost estimates and applicable permit requirements. demonstrations of financial assurance (c) The demonstrations referred to in for closure and post-closure care as paragraphs (a)(1) and (b)(1) of this sec- necessary and appropriate, to reflect tion must be made as follows: any changes due to the presence of haz- (1) The demonstrations in paragraph ardous constituents in the non-haz- (a)(1) of this section must be made at ardous wastes, and changes in closure least 30 days prior to the expiration of activities, including the expected year the 90-day period in paragraph (a) of of closure if applicable under this section; and § 264.112(b)(7), as a result of the receipt (2) The demonstration in paragraph of non-hazardous wastes following the (b)(1) of this section must be made at final receipt of hazardous wastes; and least 30 days prior to the expiration of the 180-day period in paragraph (b) of (3) The request to modify the permit this section, unless the owner or oper- includes revisions, as necessary and ap- ator is otherwise subject to the dead- propriate, to affected conditions of the lines in paragraph (d) of this section. permit to account for the receipt of (d) The Regional Administrator may non-hazardous wastes following receipt allow an owner or operator to receive of the final volume of hazardous only non-hazardous wastes in a land- wastes; and fill, land treatment, or surface im- (4) The request to modify the permit poundment unit after the final receipt and the demonstrations referred to in of hazardous wastes at that unit if: paragraphs (d)(1) and (d)(2) of this sec- (1) The owner or operator requests a tion are submitted to the Regional Ad- permit modification in compliance ministrator no later than 120 days prior with all applicable requirements in to the date on which the owner or oper- parts 270 and 124 of this title and in the ator of the facility receives the known permit modification request dem- final volume of hazardous wastes at the onstrates that: unit, or no later than 90 days after the (i) The unit has the existing design effective date of this rule in the state capacity as indicated on the part A ap- in which the unit is located, whichever plication to receive non-hazardous is later. wastes; and (e) In addition to the requirements in (ii) There is a reasonable likelihood paragraph (d) of this section, an owner that the owner or operator or another or operator of a hazardous waste sur- person will receive non-hazardous face impoundment that is not in com- wastes in the unit within one year pliance with the liner and leachate col- after the final receipt of hazardous lection system requirements in 42 wastes; and U.S.C. 3004(o)(1) and 3005(j)(1) or 42 (iii) The non-hazardous wastes will U.S.C. 3004(o) (2) or (3) or 3005(j) (2), (3), not be incompatible with any remain- (4) or (13) must: ing wastes in the unit, or with the fa- (1) Submit with the request to mod- cility design and operating require- ify the permit:
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(i) A contingent corrective measures vide semi-annual reports to the Re- plan, unless a corrective action plan gional Administrator that describe the has already been submitted under progress of the corrective action pro- § 264.99; and gram, compile all ground-water moni- (ii) A plan for removing hazardous toring data, and evaluate the effect of wastes in compliance with paragraph the continued receipt of non-hazardous (e)(2) of this section; and wastes on the effectiveness of the cor- (2) Remove all hazardous wastes from rective action. the unit by removing all hazardous liq- (6) The Regional Administrator may uids, and removing all hazardous require the owner or operator to com- sludges to the extent practicable with- mence closure of the unit if the owner out impairing the integrity of the or operator fails to implement correc- liner(s), if any. tive action measures in accordance (3) Removal of hazardous wastes with the approved contingent correc- must be completed no later than 90 tive measures plan within one year as days after the final receipt of haz- required in paragraph (e)(4) of this sec- ardous wastes. The Regional Adminis- tion, or fails to make substantial trator may approve an extension to progress in implementing corrective this deadline if the owner or operator action and achieving the facility’s demonstrates that the removal of haz- ground-water protection standard or ardous wastes will, of necessity, take background levels if the facility has longer than the allotted period to com- not yet established a ground-water pro- plete and that an extension will not tection standard. pose a threat to human health and the (7) If the owner or operator fails to environment. implement corrective measures as re- (4) If a release that is a statistically quired in paragraph (e)(4) of this sec- significant increase (or decrease in the tion, or if the Regional Administrator case of pH) over background values for determines that substantial progress detection monitoring parameters or has not been made pursuant to para- constituents specified in the permit or graph (e)(6) of this section he shall: that exceeds the facility’s ground- water protection standard at the point (i) Notify the owner or operator in of compliance, if applicable, is detected writing that the owner or operator in accordance with the requirements in must begin closure in accordance with subpart F of this part, the owner or op- the deadlines in paragraphs (a) and (b) erator of the unit: of this section and provide a detailed (i) Must implement corrective meas- statement of reasons for this deter- ures in accordance with the approved mination, and contingent corrective measures plan (ii) Provide the owner or operator required by paragraph (e)(1) of this sec- and the public, through a newspaper tion no later than one year after detec- notice, the opportunity to submit writ- tion of the release, or approval of the ten comments on the decision no later contingent corrective measures plan, than 20 days after the date of the no- whichever is later; tice. (ii) May continue to receive wastes at (iii) If the Regional Administrator the unit following detection of the re- receives no written comments, the de- lease only if the approved corrective cision will become final five days after measures plan includes a demonstra- the close of the comment period. The tion that continued receipt of wastes Regional Administrator will notify the will not impede corrective action; and owner or operator that the decision is (iii) May be required by the Regional final, and that a revised closure plan, if Administrator to implement corrective necessary, must be submitted within 15 measures in less than one year or to days of the final notice and that clo- cease the receipt of wastes until cor- sure must begin in accordance with the rective measures have been imple- deadlines in paragraphs (a) and (b) of mented if necessary to protect human this section. health and the environment. (iv) If the Regional Administrator re- (5) During the period of corrective ac- ceives written comments on the deci- tion, the owner or operator shall pro- sion, he shall make a final decision
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within 30 days after the end of the com- from the financial assurance require- ment period, and provide the owner or ments for closure under § 264.143(i). operator in writing and the public through a newspaper notice, a detailed § 264.116 Survey plat. statement of reasons for the final deci- No later than the submission of the sion. If the Regional Administrator de- certification of closure of each haz- termines that substantial progress has ardous waste disposal unit, the owner not been made, closure must be initi- or operator must submit to the local ated in accordance with the deadlines zoning authority, or the authority with in paragraphs (a) and (b) of this sec- jurisdiction over local land use, and to tion. the Regional Administrator, a survey (v) The final determinations made by plat indicating the location and dimen- the Regional Administrator under sions of landfills cells or other haz- paragraphs (e)(7) (iii) and (iv) of this section are not subject to administra- ardous waste disposal units with re- tive appeal. spect to permanently surveyed bench- marks. This plat must be prepared and [51 FR 16444, May 2, 1986, as amended at 54 certified by a professional land sur- FR 33394, Aug. 14, 1989] veyor. The plat filed with the local zon- ing authority, or the authority with ju- § 264.114 Disposal or decontamination of equipment, structures and soils. risdiction over local land use, must contain 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 soils must be properly the hazardous waste disposal unit in disposed of or decontaminated unless accordance with the applicable subpart otherwise specified in §§ 264.197, 264.228, G regulations. 264.258, 264.280 or § 264.310. By removing any hazardous wastes or hazardous § 264.117 Post-closure care and use of constituents during partial and final property. closure, the owner or operator may be- come a generator of hazardous waste (a)(1) Post-closure care for each haz- and must handle that waste in accord- ardous waste management unit subject ance with all applicable requirements to the requirements of §§ 264.117 of part 262 of this chapter. through 264.120 must begin after com- pletion of closure of the unit and con- [51 FR 16444, May 2, 1986, as amended at 52 tinue for 30 years after that date and FR 46963, Dec. 10, 1987; 53 FR 34086, Sept. 2, must consist of at least the following: 1988] (i) Monitoring and reporting in ac- § 264.115 Certification of closure. cordance with the requirements of sub- parts F, K, L, M, N, and X of this part; Within 60 days of completion of clo- sure of each hazardous waste surface and impoundment, waste pile, land treat- (ii) Maintenance and monitoring of ment, and landfill unit, and within 60 waste containment systems in accord- days of the completion of final closure, ance with the requirements of subparts the owner or operator must submit to F, K, L, M, N, and X of this part. the Regional Administrator, by reg- (2) Any time preceding partial clo- istered mail, a certification that the sure of a hazardous waste management hazardous waste management unit or unit subject to post-closure care re- facility, as applicable, has been closed quirements or final closure, or any in accordance with the specifications time during the post-closure period for in the approved closure plan. The cer- a particular unit, the Regional Admin- tification must be signed by the owner istrator may, in accordance with the or operator and by an independent reg- permit modification procedures in istered professional engineer. Docu- parts 124 and 270: mentation supporting the independent (i) Shorten the post-closure care pe- registered professional engineer’s cer- riod applicable to the hazardous waste tification must be furnished to the Re- management unit, or facility, if all dis- gional Administrator upon request posal units have been closed, if he finds until he releases the owner or operator that the reduced period is sufficient to
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protect human health and the environ- ments and waste piles from which the ment (e.g., leachate or ground-water owner or operator intends to remove or monitoring results, characteristics of decontaminate the hazardous wastes at the hazardous wastes, application of partial or final closure are required by advanced technology, or alternative §§ 264.228(c)(1)(ii) and 264.258(c)(1)(ii) to disposal, treatment, or re-use tech- have contingent post-closure plans. niques indicate that the hazardous Owners or operators of surface im- waste management unit or facility is poundments and waste piles not other- secure); or wise required to prepare contingent (ii) Extend the post-closure care pe- post-closure plans under riod applicable to the hazardous waste §§ 264.228(c)(1)(ii) and 264.258(c)(1)(ii) management unit or facility if he finds must submit a post-closure plan to the that the extended period is necessary Regional Administrator within 90 days to protect human health and the envi- from the date that the owner or oper- ronment (e.g., leachate or ground- ator or Regional administrator deter- water monitoring results indicate a po- mines that the hazardous waste man- tential for migration of hazardous agement unit must be closed as a land- wastes at levels which may be harmful fill, subject to the requirements of to human health and the environment). §§ 264.117 through 264.120. The plan must (b) The Regional Administrator may be submitted with the permit applica- require, at partial and final closure, tion, in accordance with § 270.14(b)(13) continuation of any of the security re- of this chapter, and approved by the quirements of § 264.14 during part or all Regional Administrator as part of the of the post-closure period when: permit issuance procedures under part (1) Hazardous wastes may remain ex- 124 of this chapter. In accordance with posed after completion of partial or § 270.32 of this chapter, the approved final closure; or post-closure plan will become a condi- (2) Access by the public or domestic tion of any RCRA permit issued. livestock may pose a hazard to human (b) For each hazardous waste man- health. agement unit subject to the require- (c) Post-closure use of property on or ments of this section, the post-closure in which hazardous wastes remain after plan must identify the activities that partial or final closure must never be will be carried on after closure of each allowed to disturb the integrity of the disposal unit and the frequency of final cover, liner(s), or any other com- these activities, and include at least: 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, N, and X ance: of this part during the post-closure (1) Is necessary to the proposed use of care 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 F, K, L, M, N, and X of this as specified in § 264.118. part; and [51 FR 16444, May 2, 1986, as amended at 52 (ii) The function of the monitoring FR 46963, Dec. 10, 1987] equipment in accordance with the re- quirements of subparts, F, K, L, M, N, § 264.118 Post-closure plan; amend- and X of this part; and ment of plan. (3) The name, address, and phone (a) Written Plan. The owner or oper- number of the person or office to con- ator of a hazardous waste disposal unit tact about the hazardous waste dis- must have a written post-closure plan. posal unit or facility during the post- In addition, certain surface impound- closure care period.
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(4) For facilities where the Regional after an unexpected event has occurred Administrator has applied alternative which has affected the post-closure requirements at a regulated unit under plan. An owner or operator of a surface §§ 264.90(f), 264.110(c), and/or §§ 264.140(d), impoundment or waste pile that in- either the alternative requirements tends to remove all hazardous waste at that apply to the regulated unit, or a closure and is not otherwise required reference to the enforceable document to submit a contingent post-closure containing those requirements. plan under §§ 264.228(c)(1)(ii) and (c) Until final closure of the facility, 264.258(c)(1)(ii) must submit a post-clo- a copy of the approved post-closure sure plan to the Regional Adminis- plan must be furnished to the Regional trator no later than 90 days after the Administrator upon request, including date that the owner or operator or Re- request by mail. After final closure has gional Administrator determines that been certified, the person or office the hazardous waste management unit specified in § 264.188(b)(3) must keep the must be closed as a landfill, subject to approved post-closure plan during the the requirements of § 264.310. The Re- remainder of the post-closure period. gional Administrator will approve, dis- (d) Amendment of plan. The owner or approve or modify this plan in accord- operator must submit a written notifi- ance with the procedures in parts 124 cation of or request for a permit modi- and 270. In accordance with § 270.32 of fication to authorize a change in the this chapter, the approved post-closure approved post-closure plan in accord- plan will become a permit condition. ance with the applicable requirements (4) The Regional Administrator may in parts 124 and 270. The written notifi- request modifications to the plan under cation or request must include a copy the conditions described in of the amended post-closure plan for § 264.118(d)(2). The owner or operator review or approval by the Regional Ad- must submit the modified plan no later ministrator. than 60 days after the Regional Admin- (1) The owner or operator may sub- istrator’s request, or no later than 90 mit a written notification or request to days if the unit is a surface impound- the Regional Administrator for a per- ment or waste pile not previously re- mit modification to amend the post- quired to prepare a contingent post- closure plan at any time during the ac- closure plan. Any modifications re- tive life of the facility or during the quested by the Regional Administrator post-closure care period. will be approved, disapproved, or modi- (2) The owner or operator must sub- fied in accordance with the procedures mit a written notification of or request in parts 124 and 270. for a permit modification to authorize [51 FR 16444, May 2, 1986, as amended at 52 a change in the approved post-closure FR 46964, Dec. 10, 1987; 53 FR 37935, Sept. plan whenever: 28,1988; 63 FR 56733, Oct. 22, 1998] (i) Changes in operating plans or fa- cility design affect the approved post- § 264.119 Post-closure notices. closure plan, or (a) No later than 60 days after certifi- (ii) There is a change in the expected cation of closure of each hazardous year of final closure, if applicable, or waste disposal unit, the owner or oper- (iii) Events which occur during the ator must submit to the local zoning active life of the facility, including authority, or the authority with juris- partial and final closures, affect the diction over local land use, and to the approved post-closure plan. Regional Administrator a record of the (iv) The owner or operator requests type, location, and quantity of haz- the Regional Administrator to apply ardous wastes disposed of within each alternative requirements to a regu- cell or other disposal unit of the facil- lated unit under §§ 264.90(f), 264.110(c), ity. For hazardous wastes disposed of and/or § 264.140(d). before January 12, 1981, the owner or (3) The owner or operator must sub- operator must identify the type, loca- mit a written request for a permit tion, and quantity of the hazardous modification at least 60 days prior to wastes to the best of his knowledge and the proposed change in facility design in accordance with any records he has or operation, or no later than 60 days kept.
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(b) Within 60 days of certification of other instrument normally examined closure of the first hazardous waste during title search; or disposal unit and within 60 days of cer- (2) The addition of a notation to the tification of closure of the last haz- deed or instrument indicating the re- ardous waste disposal unit, the owner moval of the hazardous waste. or operator must: (1) Record, in accordance with State § 264.120 Certification of completion of law, a notation on the deed to the facil- post-closure care. ity property—or on some other instru- No later than 60 days after comple- ment which is normally examined dur- tion of the established post-closure ing title search—that will in per- care period for each hazardous waste petuity notify any potential purchaser disposal unit, the owner or operator of the property that: must submit to the Regional Adminis- (i) The land has been used to manage trator, by registered mail, a certifi- hazardous wastes; and cation that the post-closure care period (ii) Its use is restricted under 40 CFR for the hazardous waste disposal unit subpart G regulations; and was performed in accordance with the (iii) The survey plat and record of the specifications in the approved post-clo- type, location, and quantity of haz- sure plan. The certification must be ardous wastes disposed of within each signed by the owner or operator and an cell or other hazardous waste disposal independent registered professional en- unit of the facility required by §§ 264.116 gineer. Documentation supporting the and 264.119(a) have been filed with the independent registered professional en- local zoning authority or the authority gineer’s certification must be furnished with jurisdiction over local land use to the Regional Administrator upon re- and with the Regional Administrator; quest until he releases the owner or op- and erator from the financial assurance re- (2) Submit a certification, signed by quirements for post-closure care under the owner or operator, that he has re- § 264.145(i). corded the notation specified in para- graph (b)(1) of this section, including a Subpart H—Financial copy of the document in which the no- Requirements tation has been placed, to the Regional Administrator. SOURCE: 47 FR 15047, Apr. 7, 1982, unless (c) If the owner or operator or any otherwise noted. subsequent owner or operator of the land upon which a hazardous waste dis- § 264.140 Applicability. posal unit is located wishes to remove (a) The requirements of §§ 264.142, hazardous wastes and hazardous waste 264.143, and 264.147 through 264.151 residues, the liner, if any, or contami- apply to owners and operators of all nated soils, he must request a modi- hazardous waste facilities, except as fication to the post-closure permit in provided otherwise in this section or in accordance with the applicable require- § 264.1. ments in parts 124 and 270. The owner (b) The requirements of §§ 264.144 and or operator must demonstrate that the 264.145 apply only to owners and opera- removal of hazardous wastes will sat- tors of: isfy the criteria of § 264.117(c). By re- (1) Disposal facilities; moving hazardous waste, the owner or (2) Piles, and surface impoundments operator may become a generator of from which the owner or operator in- hazardous waste and must manage it in tends to remove the wastes at closure, accordance with all applicable require- to the extent that these sections are ments of this chapter. If he is granted made applicable to such facilities in a permit modification or otherwise §§ 264.228 and 264.258; granted approval to conduct such re- (3) Tank systems that are required moval activities, the owner or operator under § 264.197 to meet the require- may request that the Regional Admin- ments for landfills; and istrator approve either: (4) Containment buildings that are (1) The removal of the notation on required under § 264.1102 to meet the re- the deed to the facility property or quirements for landfills.
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(c) States and the Federal govern- Assets means all existing and all ment are exempt from the require- probable future economic benefits ob- ments of this subpart. tained or controlled by a particular en- (d) The Regional Administrator may tity. replace all or part of the requirements Current assets means cash or other as- of this subpart applying to a regulated sets or resources commonly identified unit with alternative requirements for as those which are reasonably expected financial assurance set out in the per- to be realized in cash or sold or con- mit or in an enforceable document (as sumed during the normal operating defined in 40 CFR 270.1(c)(7)), where the cycle of the business. Regional Administrator: Current liabilities means obligations (1) Prescribes alternative require- whose liquidation is reasonably ex- ments for the regulated unit under pected to require the use of existing re- § 264.90(f) and/or § 264.110(d); and sources properly classifiable as current (2) Determines that it is not nec- assets or the creation of other current essary to apply the requirements of liabilities. this subpart because the alternative fi- Current plugging and abandonment cost nancial assurance requirements will estimate means the most recent of the protect human health and the environ- estimates prepared in accordance with ment. § 144.62(a), (b), and (c) of this title. Independently audited refers to an [47 FR 15047, Apr. 7, 1982, as amended at 47 audit performed by an independent cer- FR 32357, July 26, 1982; 51 FR 25472, July 14, tified public accountant in accordance 1986; 57 FR 37265, Aug. 18, 1992; 63 FR 56733, with generally accepted auditing Oct. 22, 1998] standards. § 264.141 Definitions of terms as used Liabilities means probable future sac- in this subpart. rifices of economic benefits arising 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 § 264.112. 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 § 264.142 (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 § 264.144 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 tices, are excluded from coverage in li- §§ 264.117 through 264.120. 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 intended to assist in the understanding meanings within the insurance indus- of these regulations and are not in- try. The definitions given below of sev- tended to limit the meanings of terms eral of the terms are intended to assist in a way that conflicts with generally in the understanding of these regula- accepted accounting practices. tions and are not intended to limit
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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 § 264.141(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 § 264.113(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 (4) The owner or operator may not in- occurrence which is not continuous or corporate a zero cost for hazardous repeated in nature. wastes, or non-hazardous wastes if ap- (h) Substantial business relationship plicable under § 264.113(d), that might means the extent of a business rela- have economic value. tionship necessary under applicable (b) During the active life of the facil- State law to make a guarantee con- ity, the owner or operator must adjust tract issued incident to that relation- the closure cost estimate for inflation ship valid and enforceable. A ‘‘substan- within 60 days prior to the anniversary tial business relationship’’ must arise date of the establishment of the finan- from a pattern of recent or ongoing cial instrument(s) used to comply with business transactions, in addition to § 264.143. For owners and operators the guarantee itself, such that a cur- using the financial test or corporate rently existing business relationship guarantee, the closure cost estimate between the guarantor and the owner must be updated for inflation within 30 or operator is demonstrated to the sat- days after the close of the firm’s fiscal isfaction of the applicable EPA Re- year and before submission of updated gional Administrator. information to the Regional Adminis- [47 FR 16554, Apr. 16, 1982, as amended at 51 trator as specified in § 264.143(f)(3). The FR 16447, May 2, 1986; 53 FR 33950, Sept. 1, adjustment may be made by recalcu- 1988] lating the maximum costs of closure in current dollars, or by using an infla- § 264.142 Cost estimate for closure. tion factor derived from the most re- (a) The owner or operator must have cent Implicit Price Deflator for Gross a detailed written estimate, in current National Product published by the U.S. dollars, of the cost of closing the facil- Department of Commerce in its Survey ity in accordance with the require- of Current Business, as specified in para- ments in §§ 264.111 through 264.115 and graphs (b)(1) and (2) of this section. The applicable closure requirements in inflation factor is the result of dividing §§ 264.178, 264.197, 264.228, 264.258, 264.280, the latest published annual Deflator by 264.310, 264.351, 264.601 through 264.603, the Deflator for the previous year. and 264.1102. (1) The first adjustment is made by (1) The estimate must equal the cost multiplying the closure cost estimate of final closure at the point in the fa- by the inflation factor. The result is cility’s active life when the extent and the adjusted closure cost estimate. manner of its operation would make (2) Subsequent adjustments are made closure the most expensive, as indi- by mutliplying the latest adjusted clo- cated by its closure plan (see sure cost estimate by the latest infla- § 264.112(b)); and tion factor. (2) The closure cost estimate must be (c) During the active life of the facil- based on the costs to the owner or op- ity, the owner or operator must revise erator of hiring a third party to close the closure cost estimate no later than
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30 days after the Regional Adminis- operator over the term of the initial trator has approved the request to RCRA permit or over the remaining op- modify the closure plan, if the change erating life of the facility as estimated in the closure plan increases the cost of in the closure plan, whichever period is closure. The revised closure cost esti- shorter; this period is hereafter re- mate must be adjusted for inflation as ferred to as the ‘‘pay-in period.’’ The specified in § 264.142(b). payments into the closure trust fund (d) The owner or operator must keep must be made as follows: the following at the facility during the (i) For a new facility, the first pay- operating life of the facility: The latest ment must be made before the initial closure cost estimate prepared in ac- receipt of hazardous waste for treat- cordance with § 264.142 (a) and (c) and, ment, storage, or disposal. A receipt when this estimate has been adjusted from the trustee for this payment must in accordance with § 264.142(b), the lat- be submitted by the owner or operator est adjusted closure cost estimate. to the Regional Administrator before [47 FR 15047, Apr. 7, 1982, as amended at 50 this initial receipt of hazardous waste. FR 4514, Jan. 31, 1985; 51 FR 16447, May 2, The first payment must be at least 1986; 52 FR 46964, Dec. 10, 1987; 54 FR 33395, equal to the current closure cost esti- Aug. 14, 1989; 57 FR 37265, Aug. 18, 1992] mate, except as provided in § 264.143(g), divided by the number of years in the § 264.143 Financial assurance for clo- pay-in period. Subsequent payments sure. must be made no later than 30 days An owner or operator of each facility after each anniversary date of the first must establish financial assurance for payment. The amount of each subse- closure of the facility. He must choose quent payment must be determined by from the options as specified in para- this formula: graphs (a) through (f) of this section. (a) Closure trust fund. (1) An owner or CE − CV operator may satisfy the requirements Next payment = of this section by establishing a closure Y trust fund which conforms to the re- where CE is the current closure cost es- quirements of this paragraph and sub- timate, CV is the current value of the mitting an originally signed duplicate of the trust agreement to the Regional trust fund, and Y is the number of Administrator. An owner or operator of years remaining in the pay-in period. a new facility must submit the origi- (ii) If an owner or operator estab- nally signed duplicate of the trust lishes a trust fund as specified in agreement to the Regional Adminis- § 265.143(a) of this chapter, and the trator at least 60 days before the date value of that trust fund is less than the on which hazardous waste is first re- current closure cost estimate when a ceived for treatment, storage, or dis- permit is awarded for the facility, the posal. The trustee must be an entity amount of the current closure cost es- which has the authority to act as a timate still to be paid into the trust trustee and whose trust operations are fund must be paid in over the pay-in regulated and examined by a Federal or period as defined in paragraph (a)(3) of State agency. this section. Payments must continue (2) The wording of the trust agree- to be made no later than 30 days after ment must be identical to the wording each anniversary date of the first pay- specified in § 264.151(a)(1), and the trust ment made pursuant to part 265 of this agreement must be accompanied by a chapter. The amount of each payment formal certification of acknowledg- must be determined by this formula: ment (for example, see § 264.151(a)(2)). Schedule A of the trust agreement CE − CV must be updated within 60 days after a Next payment = change in the amount of the current Y closure cost estimate covered by the where CE is the current closure cost es- agreement. timate, CV is the current value of the (3) Payments into the trust fund trust fund, and Y is the number of must be made annually by the owner or years remaining in the pay-in period.
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(4) The owner or operator may accel- the trustee to release to the owner or erate payments into the trust fund or operator such funds as the Regional he may deposit the full amount of the Administrator specifies in writing. current closure cost estimate at the (10) After beginning partial or final time the fund is established. However, closure, an owner or operator or an- he must maintain the value of the fund other person authorized to conduct at no less than the value that the fund partial or final closure may request re- would have if annual payments were imbursements for partial or final clo- made as specified in paragraph (a)(3) of sure expenditures by submitting this section. itemized bills to the Regional Adminis- (5) If the owner or operator estab- trator. The owner or operator may re- lishes a closure trust fund after having quest reimbursements for partial clo- used one or more alternate mecha- sure only if sufficient funds are re- nisms specified in this section or in maining in the trust fund to cover the § 265.143 of this chapter, his first pay- maximum costs of closing the facility ment must be in at least the amount over its remaining operating life. With- that the fund would contain if the trust in 60 days after receiving bills for par- fund were established initially and an- tial or final closure activities, the Re- nual payments made according to spec- gional Administrator will instruct the ifications of this paragraph and trustee to make reimbursements in § 265.143(a) of this chapter, as applica- those amounts as the Regional Admin- ble. istrator specifies in writing, if the Re- (6) After the pay-in period is com- gional Administrator determines that pleted, whenever the current closure the partial or final closure expendi- cost estimate changes, the owner or op- tures are in accordance with the ap- erator must compare the new estimate proved closure plan, or otherwise justi- with the trustee’s most recent annual fied. If the Regional Administrator has valuation of the trust fund. If the value reason to believe that the maximum of the fund is less than the amount of cost of closure over the remaining life the new estimate, the owner or oper- of the facility will be significantly ator, within 60 days after the change in greater than the value of the trust the cost estimate, must either deposit fund, he may withhold reimbursements an amount into the fund so that its of such amounts as he deems prudent value after this deposit at least equals until he determines, in accordance the amount of the current closure cost with § 264.143(i) that the owner or oper- estimate, or obtain other financial as- ator is no longer required to maintain surance as specified in this section to financial assurance for final closure of cover the difference. the facility. If the Regional Adminis- (7) If the value of the trust fund is trator does not instruct the trustee to greater than the total amount of the make such reimbursements, he will current closure cost estimate, the provide the owner or operator with a owner or operator may submit a writ- detailed written statement of reasons. ten request to the Regional Adminis- (11) The Regional Administrator will trator for release of the amount in ex- agree to termination of the trust when: cess of the current closure cost esti- (i) An owner or operator substitutes mate. alternate financial assurance as speci- (8) If an owner or operator sub- fied in this section; or stitutes other financial assurance as (ii) The Regional Administrator re- specified in this section for all or part leases the owner or operator from the of the trust fund, he may submit a requirements of this section in accord- written request to the Regional Admin- ance with § 264.143(i). istrator for release of the amount in (b) Surety bond guaranteeing payment excess of the current closure cost esti- into a closure trust fund. (1) An owner or mate covered by the trust fund. operator may satisfy the requirements (9) Within 60 days after receiving a of this section by obtaining a surety request from the owner or operator for bond which conforms to the require- release of funds as specified in para- ments of this paragraph and submit- graph (a) (7) or (8) of this section, the ting the bond to the Regional Adminis- Regional Administrator will instruct trator. An owner or operator of a new
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facility must submit the bond to the (iii) Provide alternate financial as- Regional Administrator at least 60 surance as specified in this section, and days before the date on which haz- obtain the Regional Administrator’s ardous waste is first received for treat- written approval of the assurance pro- ment, storage, or disposal. The bond vided, within 90 days after receipt by must be effective before this initial re- both the owner or operator and the Re- ceipt of hazardous waste. The surety gional Administrator of a notice of company issuing the bond must, at a cancellation of the bond from the sur- minimum, be among those listed as ac- ety. ceptable sureties on Federal bonds in (5) Under the terms of the bond, the Circular 570 of the U.S. Department of surety will become liable on the bond the Treasury. obligation when the owner or operator (2) The wording of the surety bond fails to perform as guaranteed by the must be identical to the wording speci- bond. fied in § 264.151(b). (6) The penal sum of the bond must (3) The owner or operator who uses a be in an amount at least equal to the surety bond to satisfy the require- current closure cost estimate, except ments of this section must also estab- as provided in § 264.143(g). lish a standby trust fund. Under the (7) Whenever the current closure cost terms of the bond, all payments made estimate increases to an amount great- thereunder will be deposited by the er then the penal sum, the owner or op- surety directly into the standby trust erator, within 60 days after the in- fund in accordance with instructions crease, must either cause the penal from the Regional Administrator. This sum to be increased to an amount at standby trust fund must meet the re- least equal to the current closure cost quirements specified in § 264.143(a), ex- estimate and submit evidence of such cept that: increase to the Regional Adminis- (i) An originally signed duplicate of trator, or obtain other financial assur- the trust agreement must be submitted ance as specified in this section to to the Regional Administrator with the cover the increase. Whenever the cur- surety bond; and rent closure cost estimate decreases, (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 § 264.143(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 show current closure cost estimates; Regional 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 evidence 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) Surety bond guaranteeing perform- to begin final closure issued by the Re- ance of closure. (1) An owner or operator gional Administrator becomes final, or may satisfy the requirements of this within 15 days after an order to begin section by obtaining a surety bond 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 risdiction; or bond to the Regional Administrator.
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An owner or operator of a new facility (5) Under the terms of the bond, the must submit the bond to the Regional surety will become liable on the bond Administrator at least 60 days before obligation when the owner or operator the date on which hazardous waste is fails to perform as guaranteed by the first received for treatment, storage, or bond. Following a final administrative disposal. The bond must be effective determination pursuant to section 3008 before this initial receipt of hazardous of RCRA that the owner or operator waste. The surety company issuing the has failed to perform final closure in bond must, at a minimum, be among accordance with the approved closure those listed as acceptable sureties on plan and other permit requirements Federal bonds in Circular 570 of the when required to do so, under the U.S. Department of the Treasury. terms of the bond the surety will per- (2) The wording of the surety bond form final closure as guaranteed by the must be identical to the wording speci- bond or will deposit the amount of the fied in § 264.151(c). penal sum into the standby trust fund. (3) The owner or operator who uses a (6) The penal sum of the bond must surety bond to satisfy the require- be in an amount at least equal to the ments of this section must also estab- current closure cost estimate. lish a standby trust fund. Under the (7) Whenever the current closure cost terms of the bond, all payments made estimate increases to an amount great- thereunder will be deposited by the er than the penal sum, the owner or op- surety directly into the standby trust erator, within 60 days after the in- fund in accordance with instructions crease, must either cause the penal from the Regional Administrator. This sum to be increased to an amount at standby trust must meet the require- least equal to the current closure cost ments specified in § 264.143(a), except estimate and submit evidence of such that: increase to the Regional Adminis- (i) An originally signed duplicate of trator, or obtain other financial assur- the trust agreement must be submitted ance as specified in this section. When- to the Regional Administrator with the ever the current closure cost estimate surety bond; and decreases, the penal sum may be re- (ii) Unless the standby trust fund is duced to the amount of the current clo- funded pursuant to the requirements of sure cost estimate following written this section, the following are not re- approval by the Regional Adminis- quired by these regulations: trator. (A) Payments into the trust fund as specified in § 264.143(a); (8) Under the terms of the bond, the (B) Updating of Schedule A of the surety may cancel the bond by sending trust agreement (see § 264.151(a)) to notice of cancellation by certified mail show current closure cost estimates; to the owner or operator and to the Re- (C) Annual valuations as required by gional Administrator. Cancellation the trust agreement; and may not occur, however, during the 120 (D) Notices of nonpayment as re- days beginning on the date of receipt of quired by the trust agreement. the notice of cancellation by both the (4) The bond must guarantee that the owner or operator and the Regional Ad- owner or operator will: ministrator, as evidenced by the return (i) Perform final closure in accord- receipts. ance with the closure plan and other (9) The owner or operator may cancel requirements of the permit for the fa- the bond if the Regional Administrator cility whenever required to do so; or has given prior written consent. The (ii) Provide alternate financial assur- Regional Administrator will provide ance as specified in this section, and such written consent when: obtain the Regional Administrator’s (i) An owner or operator substitutes written approval of the assurance pro- alternate financial assurance as speci- vided, within 90 days after receipt by fied in this section; or both the owner or operator and the Re- (ii) The Regional Administrator re- gional Administrator of a notice of leases the owner or operator from the cancellation of the bond from the sur- requirements of this section in accord- ety. ance with § 264.143(i).
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(10) The surety will not be liable for (D) Notices of nonpayment as re- deficiencies in the performance of clo- quired by the trust agreement. sure by the owner or operator after the (4) The letter of credit must be ac- Regional Administrator releases the companied by a letter from the owner owner or operator from the require- or operator referring to the letter of ments of this section in accordance credit by number, issuing institution, with § 264.143(i). and date, and providing the following (d) Closure letter of credit. (1) An information: the EPA Identification owner or operator may satisfy the re- Number, name, and address of the facil- quirements of this section by obtaining ity, and the amount of funds assured an irrevocable standby letter of credit for closure of the facility by the letter which conforms to the requirements of of credit. this paragraph and submitting the let- (5) The letter of credit must be irrev- ter to the Regional Administrator. An ocable and issued for a period of at owner or operator of a new facility least 1 year. The letter of credit must must submit the letter of credit to the provide that the expiration date will be Regional Administrator at least 60 automatically extended for a period of days before the date on which haz- at least 1 year unless, at least 120 days ardous waste is first received for treat- before the current expiration date, the ment, storage, or disposal. The letter issuing institution notifies both the of credit must be effective before this owner or operator and the Regional Ad- initial receipt of hazardous waste. The ministrator by certified mail of a deci- issuing institution must be an entity sion not to extend the expiration date. which has the authority to issue letters Under the terms of the letter of credit, of credit and whose letter-of-credit op- the 120 days will begin on the date erations are regulated and examined by when both the owner or operator and a Federal or State agency. the Regional Administrator have re- (2) The wording of the letter of credit ceived the notice, as evidenced by the must be identical to the wording speci- return receipts. fied in § 264.151(d). (6) The letter of credit must be issued (3) An owner or operator who uses a in an amount at least equal to the cur- letter of credit to satisfy the require- rent closure cost estimate, except as ments of this section must also estab- provided in § 264.143(g). lish a standby trust fund. Under the (7) Whenever the current closure cost terms of the letter of credit, all estimate increases to an amount great- amounts paid pursuant to a draft by er than the amount of the credit, the the Regional Administrator will be de- owner or operator, within 60 days after posited by the issuing institution di- the increase, must either cause the rectly into the standby trust fund in amount of the credit to be increased so accordance with instructions from the that it at least equals the current clo- Regional Administrator. This standby sure cost estimate and submit evidence trust fund must meet the requirements of such increase to the Regional Ad- of the trust fund specified in ministrator, or obtain other financial § 264.143(a), except that: assurance as specified in this section to (i) An originally signed duplicate of cover the increase. Whenever the cur- the trust agreement must be submitted rent closure cost estimate decreases, to the Regional Administrator with the the amount of the credit may be re- letter of credit; and duced to the amount of the current clo- (ii) Unless the standby trust fund is sure cost estimate following written funded pursuant to the requirements of approval by the Regional Adminis- this section, the following are not re- trator. quired by these regulations: (8) Following a final administrative (A) Payments into the trust fund as determination pursuant to section 3008 specified in § 264.143(a); of RCRA that the owner or operator (B) Updating of Schedule A of the has failed to perform final closure in trust agreement (see § 264.151(a)) to accordance with the closure plan and show current closure cost estimates; other permit requirements when re- (C) Annual valuations as required by quired to do so, the Regional Adminis- the trust agreement; and trator may draw on the letter of credit.
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(9) If the owner or operator does not (3) The closure insurance policy must establish alternate financial assurance be issued for a face amount at least as specified in this section and obtain equal to the current closure cost esti- written approval of such alternate as- mate, except as provided in § 264.143(g). surance from the Regional Adminis- The term ‘‘face amount’’ means the trator within 90 days after receipt by total amount the insurer is obligated both the owner or operator and the Re- to pay under the policy. Actual pay- gional Administrator of a notice from ments by the insurer will not change issuing institution that it has decided the face amount, although the insur- not to extend the letter of credit be- er’s future liability will be lowered by yond the current expiration date, the the amount of the payments. Regional Administrator will draw on (4) The closure insurance policy must the letter of credit. The Regional Ad- guarantee that funds will be available ministrator may delay the drawing if to close the facility whenever final clo- the issuing institution grants an exten- sure occurs. The policy must also guar- sion of the term of the credit. During antee that once final closure begins, the last 30 days of any such extension the Regional Administrator will draw the insurer will be responsible for pay- on the letter of credit if the owner or ing out funds, up to an amount equal to operator has failed to provide alternate the face amount of the policy, upon the financial assurance as specified in this direction of the Regional Adminis- section and obtain written approval of trator, to such party or parties as the such assurance from the Regional Ad- Regional Administrator specifies. ministrator. (5) After beginning partial or final (10) The Regional Administrator will closure, an owner or operator or any return the letter of credit to the other person authorized to conduct clo- issuing institution for termination sure may request reimbursements for when: closure expenditures by submitting (i) An owner or operator substitutes itemized bills to the Regional Adminis- alternate financial assurance as speci- trator. The owner or operator may re- fied in this section; or quest reimbursements for partial clo- (ii) The Regional Administrator re- sure only if the remaining value of the leases the owner or operator from the policy is sufficient to cover the max- requirements of this section in accord- imum costs of closing the facility over ance with § 264.143(i). its remaining operating life. Within 60 (e) Closure insurance. (1) An owner or days after receiving bills for closure operator may satisfy the requirements activities, the Regional Administrator of this section by obtaining closure in- will instruct the insurer to make reim- surance which conforms to the require- bursements in such amounts as the Re- ments of this paragraph and submit- gional Administrator specifies in writ- ting a certificate of such insurance to ing, if the Regional Administrator de- the Regional Administrator. An owner termines that the partial or final clo- or operator of a new facility must sub- sure expenditures are in accordance mit the certificate of insurance to the with the approved closure plan or oth- Regional Administrator at least 60 erwise justified. If the Regional Admin- days before the date on which haz- istrator has reason to believe that the ardous waste is first received for treat- maximum cost of closure over the re- ment, storage, or disposal. The insur- maining life of the facility will be ance must be effective before this ini- signficantly greater than the face tial receipt of hazardous waste. At a amount of the policy, he may withhold minimum, the insurer must be licensed reimbursements of such amounts as he to transact the business of insurance, deems prudent until he determines, in or eligible to provide insurance as an accordance with § 264.143(i), that the excess or surplus lines insurer, in one owner or operator is no longer required or more States. to maintain financial assurance for (2) The wording of the certificate of final closure of the facility. If the Re- insurance must be identical to the gional Administrator does not instruct wording specified in § 264.151(e).
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the insurer to make such reimburse- court or other court of competent ju- ments, he will provide the owner or op- risdiction; or erator with a detailed written state- (iv) The owner or operator is named ment 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 closure cost the owner or operator as specified in estimate increases to an amount great- paragraph (e)(10) of this section. Fail- er than the face amount of the policy, ure to pay the premium, without sub- the owner or operator, within 60 days stitution of alternate financial assur- after the increase, must either cause ance as specified in this section, will the face amount to be increased to an constitute a significant violation of amount at least equal to the current these regulations, warranting such closure cost estimate and submit evi- remedy as the Regional Administrator dence of such increase to the Regional deems necessary. Such violation will Administrator, or obtain other finan- be deemed to begin upon receipt by the cial assurance as specified in this sec- Regional Administrator of a notice of tion to cover the increase. Whenever future cancellation, termination, or the current closure cost estimate de- failure to renew due to nonpayment of creases, the face amount may be re- the premium, rather than upon the duced to the amount of the current clo- date of expiration. sure cost estimate following written (7) Each policy must contain a provi- approval by the Regional Adminis- sion allowing assignment of the policy trator. to a successor owner or operator. Such (10) The Regional Administrator will assignment may be conditional upon give written consent to the owner or consent of the insurer, provided such operator that he may terminate the in- consent is not unreasonably refused. surance policy when: (8) The policy must provide that the insurer may not cancel, terminate, or (i) An owner or operator substitutes fail to renew the policy except for fail- alternate financial assurance as speci- ure to pay the premium. The auto- fied in this section; or matic renewal of the policy must, at a (ii) The Regional Administrator re- minimum, provide the insured with the leases the owner or operator from the option of renewal at the face amount of requirements of this section in accord- the expiring policy. If there is a failure ance with § 264.143(i). to pay the premium, the insurer may (f) Financial test and corporate guar- elect to cancel, terminate, or fail to antee for closure. (1) An owner or oper- renew the policy by sending notice by ator may satisfy the requirements of certified mail to the owner or operator this section by demonstrating that he and the Regional Administrator. Can- passes a financial test as specified in cellation, termination, or failure to this paragraph. To pass this test the renew may not occur, however, during owner or operator must meet the cri- the 120 days beginning with the date of teria of either paragraph (f)(1)(i) or (ii) receipt of the notice by both the Re- of this section: gional Administrator and the owner or (i) The owner or operator must have: operator, as evidenced by the return re- (A) Two of the following three ratios: ceipts. Cancellation, termination, or a ratio of total liabilities to net worth failure to renew may not occur and the less than 2.0; a ratio of the sum of net policy will remain in full force and ef- income plus depreciation, depletion, fect in the event that on or before the and amortization to total liabilities date of expiration: greater than 0.1; and a ratio of current (i) The Regional Administrator assets to current liabilities greater deems the facility abandoned; or than 1.5; and (ii) The permit is terminated or re- (B) Net working capital and tangible voked or a new permit is denied; or net worth each at least six times the (iii) Closure is ordered by the Re- sum of the current closure and post- gional Administrator or a U.S. district closure cost estimates and the current
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plugging and abandonment cost esti- lic accountant to the owner or operator mates; and stating that: (C) Tangible net worth of at least $10 (A) He has compared the data which million; and the letter from the chief financial offi- (D) Assets located in the United cer specifies as having been derived States amounting to at least 90 percent from the independently audited, year- of total assets or at least six times the end financial statements for the latest sum of the current closure and post- fiscal year with the amounts in such fi- closure cost estimates and the current nancial statements; and plugging and abandonment cost esti- (B) In connection with that proce- mates. dure, no matters came to his attention (ii) The owner or operator must have: which caused him to believe that the (A) A current rating for his most re- specified data should be adjusted. cent bond issuance of AAA, AA, A, or (4) An owner or operator of a new fa- BBB as issued by Standard and Poor’s cility must submit the items specified or Aaa, Aa, A, or Baa as issued by in paragraph (f)(3) of this section to the Moody’s; and Regional Administrator at least 60 (B) Tangible net worth at least six days before the date on which haz- times the sum of the current closure ardous waste is first received for treat- and post-closure cost estimates and the ment, storage, or disposal. current plugging and abandonment (5) After the initial submission of cost estimates; and items specified in paragraph (f)(3) of (C) Tangible net worth of at least $10 this section, the owner or operator million; and must send updated information to the (D) Assets located in the United Regional Administrator within 90 days States amounting to at least 90 percent after the close of each succeeding fiscal of total assets or at least six times the year. This information must consist of sum of the current closure and post- all three items specified in paragraph closure cost estimates and the current (f)(3) of this section. plugging and abandonment cost esti- (6) If the owner or operator no longer mates. meets the requirements of paragraph (2) The phrase ‘‘current closure and (f)(1) of this section, he must send no- post-closure cost estimates’’ as used in tice to the Regional Administrator of paragraph (f)(1) of this section refers to intent to establish alternate financial the cost estimates required to be assurance as specified in this section. shown in paragraphs 1–4 of the letter The notice must be sent by certified from the owner’s or operator’s chief fi- mail within 90 days after the end of the nancial officer (§ 264.151(f)). The phrase fiscal year for which the year-end fi- ‘‘current plugging and abandonment nancial data show that the owner or cost estimates’’ as used in paragraph operator no longer meets the require- (f)(1) of this section refers to the cost ments. The owner or operator must estimates required to be shown in para- provide the alternate financial assur- graphs 1–4 of the letter from the own- ance within 120 days after the end of er’s or operator’s chief financial officer such fiscal year. (§ 144.70(f) of this title). (7) The Regional Administrator may, (3) To demonstrate that he meets based on a reasonable belief that the this test, the owner or operator must owner or operator may no longer meet submit the following items to the Re- the requirements of paragraph (f)(1) of gional Administrator: this section, require reports of finan- (i) A letter signed by the owner’s or cial condition at any time from the operator’s chief financial officer and owner or operator in addition to those worded as specified in § 264.151(f); and specified in paragraph (f)(3) of this sec- (ii) A copy of the independent cer- tion. If the Regional Administrator tified public accountant’s report on ex- finds, on the basis of such reports or amination of the owner’s or operator’s other information, that the owner or financial statements for the latest operator no longer meets the require- completed fiscal year; and ments of paragraph (f)(1) of this sec- (iii) A special report from the owner’s tion, the owner or operator must pro- or operator’s independent certified pub- vide alternate financial assurance as
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specified in this section within 30 days tionship’’ and the value received in con- after notification of such a finding. sideration of the guarantee. The terms (8) The Regional Administrator may of the guarantee must provide that: disallow use of this test on the basis of (i) If the owner or operator fails to qualifications in the opinion expressed perform final closure of a facility cov- by the independent certified public ac- ered by the corporate guarantee in ac- countant in his report on examination cordance with the closure plan and of the owner’s or operator’s financial other permit requirements whenever statements (see paragraph (f)(3)(ii) of required to do so, the guarantor will do this section). An adverse opinion or a so or establish a trust fund as specified disclaimer of opinion will be cause for in § 264.143(a) in the name of the owner disallowance. The Regional Adminis- or operator. trator will evaluate other qualifica- (ii) The corporate guarantee will re- tions on an individual basis. The owner main in force unless the guarantor or operator must provide alternate fi- sends notice of cancellation by cer- nancial assurance as specified in this tified mail to the owner or operator section within 30 days after notifica- and to the Regional Administrator. tion of the disallowance. Cancellation may not occur, however, (9) The owner or operator is no longer during the 120 days beginning on the required to submit the items specified date of receipt of the notice of can- in paragraph (f)(3) of this section when: cellation by both the owner or operator (i) An owner or operator substitutes and the Regional Administrator, as alternate financial assurance as speci- evidenced by the return receipts. fied in this section; or (iii) If the owner or operator fails to (ii) The Regional Administrator re- 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 § 264.143(i). the written approval of such alternate (10) 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 alternative fi- the owner or operator, or a firm with a nancial assurance in the name of the ‘‘substantial business relationship’’ owner or operator. with the owner or operator. The guar- (g) Use of multiple financial mecha- antor must meet the requirements for nisms. An owner or operator may sat- owners or operators in paragraphs (f)(1) isfy the requirements of this section by through (8) of this section and must establishing more than one financial comply with the terms of the guar- mechanism per facility. These mecha- antee. The wording of the guarantee nisms are limited to trust funds, surety must be identical to the wording speci- bonds guaranteeing payment into a fied in § 264.151(h). The certified copy of trust fund, letters of credit, and insur- the guarantee must accompany the ance. The mechanisms must be as spec- items sent to the Regional Adminis- ified in paragraphs (a), (b), (d), and (e), trator as specified in paragraph (f)(3) of respectively, of this section, except this section. One of these items must that it is the combination of mecha- be the letter from the guarantor’s chief nisms, rather than the single mecha- financial officer. If the guarantor’s par- nism, which must provide financial as- ent corporation is also the parent cor- surance for an amount at least equal to poration of the owner or operator, the the current closure cost estimate. If an letter must describe the value received owner or operator uses a trust fund in in consideration of the guarantee. If combination with a surety bond or a the guarantor is a firm with a ‘‘sub- letter of credit, he may use the trust stantial business relationship’’ with the fund as the standby trust fund for the owner or operator, this letter must de- other mechanisms. A single standby scribe this ‘‘substantial business rela- trust fund may be established for two 237
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or more mechanisms. The Regional Ad- accordance with the approved closure ministrator may use any or all of the plan. mechanisms to provide for closure of [47 FR 15047, Apr. 7, 1982, as amended at 51 the facility. FR 16448, May 2, 1986; 57 FR 42835, Sept. 16, (h) Use of a financial mechanism for 1992] multiple facilities. An owner or operator may use a financial assurance mecha- § 264.144 Cost estimate for post-closure nism specified in this section to meet care. the requirements of this section for (a) The owner or operator of a dis- more than one facility. Evidence of fi- posal surface impoundment, disposal nancial assurance submitted to the Re- miscellaneous unit, land treatment gional Administrator must include a unit, or landfill unit, or of a surface list showing, for each facility, the EPA impoundment or waste pile required Identification Number, name, address, under §§ 264.228 and 264.258 to prepare a and the amount of funds for closure as- contingent closure and post-closure sured by the mechanism. If the facili- plan, must have a detailed written esti- ties covered by the mechanism are in mate, in current dollars, of the annual more than one Region, identical evi- cost of post-closure monitoring and maintenance of the facility in accord- dence of financial assurance must be ance with the applicable post-closure submitted to and maintained with the regulations in §§ 264.117 through 264.120, Regional Administrators of all such 264.228, 264.258, 264.280, 264.310, and Regions. The amount of funds available 264.603. through the mechanism must be no (1) The post-closure cost estimate less than the sum of funds that would must be based on the costs to the be available if a separate mechanism owner or operator of hiring a third had been established and maintained party to conduct post-closure care ac- for each facility. In directing funds tivities. A third party is a party who is available through the mechanism for neither a parent nor a subsidiary of the closure of any of the facilities covered owner or operator. (See definition of by the mechanism, the Regional Ad- parent corporation in § 264.141(d).) ministrator may direct only the (2) The post-closure cost estimate is amount of funds designated for that fa- calculated by multiplying the annual cility, unless the owner or operator post-closure cost estimate by the num- agrees to the use of additional funds ber of years of post-closure care re- available under the mechanism. quired under § 264.117. (i) Release of the owner or operator (b) During the active life of the facil- from the requirements of this section. ity, the owner or operator must adjust Within 60 days after receiving certifi- the post-closure cost estimate for in- cations from the owner or operator and flation within 60 days prior to the anni- an independent registered professional versary date of the establishment of engineer that final closure has been the financial instrument(s) used to completed in accordance with the ap- comply with § 264.145. For owners or op- erators using the financial test or cor- proved closure plan, the Regional Ad- porate guarantee, the post-closure cost ministrator will notify the owner or estimate must be updated for inflation operator in writing that he is no longer within 30 days after the close of the required by this section to maintain fi- firm’s fiscal year and before the sub- nancial assurance for final closure of mission of updated information to the the facility, unless the Regional Ad- Regional Administrator as specified in ministrator has reason to believe that § 264.145(f)(5). The adjustment may be final closure has not been in accord- made by recalculating the post-closure ance with the approved closure plan. cost estimate in current dollars or by The Regional Administrator shall pro- using an inflation factor derived from vide the owner or operator a detailed the most recent Implicit Price Deflator written statement of any such reason for Gross National Product published to believe that closure has not been in by the U.S. Department of Commerce
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in its Survey of Current Business as to the Regional Administrator. An specified in § 264.145(b)(1) and (2). The owner or operator of a new facility inflation factor is the result of dividing must submit the originally signed du- the latest published annual Deflator by plicate of the trust agreement to the the Deflator for the previous year. Regional Administrator at least 60 (1) The first adjustment is made by days before the date on which haz- multiplying the post-closure cost esti- ardous waste is first received for dis- mate by the inflation factor. The result posal. The trustee must be an entity is the adjusted post-closure cost esti- which has the authority to act as a mate. trustee and whose trust operations are (2) Subsequent adjustments are made regulated and examined by a Federal or by multiplying the latest adjusted State agency. post-closure cost estimate by the latest (2) The wording of the trust agree- inflation factor. ment must be identical to the wording (c) During the active life of the facil- specified in § 264.151(a)(1), and the trust ity, the owner or operator must revise agreement must be accompanied by a the post-closure cost estimate within formal certification of acknowledg- 30 days after the Regional Adminis- ment (for example, see § 264.151(a)(2)). trator has approved the request to Schedule A of the trust agreement modify the post-closure plan, if the must be updated within 60 days after a change in the post-closure plan in- creases the cost of post-closure care. change in the amount of the current The revised post-closure cost estimate post-closure cost estimate covered by must be adjusted for inflation as speci- the agreement. fied in § 264.144(b). (3) Payments into the trust fund (d) The owner or operator must keep must be made annually by the owner or the following at the facility during the operator over the term of the initial operating life of the facility: The latest RCRA permit or over the remaining op- post-closure cost estimate prepared in erating life of the facility as estimated accordance with § 264.144 (a) and (c) in the closure plan, whichever period is and, when this estimate has been ad- shorter; this period is hereafter re- justed in accordance with § 264.144(b), ferred to as the ‘‘pay-in period.’’ The the latest adjusted post-closure cost es- payments into the post-closure trust timate. fund must be made as follows: (i) For a new facility, the first pay- [47 FR 15047, Apr. 7, 1982, as amended at 47 ment must be made before the initial FR 32357, July 26, 1982; 50 FR 4514, Jan. 31, 1985; 51 FR 16449, May 2, 1986; 52 FR 46964, receipt of hazardous waste for disposal. Dec. 10, 1987] A receipt from the trustee for this pay- ment must be submitted by the owner § 264.145 Financial assurance for post- or operator to the Regional Adminis- closure care. trator before this initial receipt of haz- The owner or operator of a hazardous ardous waste. The first payment must waste management unit subject to the be at least equal to the current post- requirements of § 264.144 must establish closure cost estimate, except as pro- financial assurance for post-closure vided in § 264.145(g), divided by the care in accordance with the approved number of years in the pay-in period. post-closure plan for the facility 60 Subsequent payments must be made no days prior to the initial receipt of haz- later than 30 days after each ardous waste or the effective date of anniversay date of the first payment. the regulation, whichever is later. He The amount of each subsequent pay- must choose from the following op- ment must be determined by this for- tions: mula: (a) Post-closure trust fund. (1) An owner or operator may satisfy the re- CE − CV quirements of this section by estab- Next payment = lishing a post-closure trust fund which Y conforms to the requirements of this where CE is the current post-closure paragraph and submitting an originally cost estimate, CV is the current value signed duplicate of the trust agreement of the trust fund, and Y is the number
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of years remaining in the pay-in pe- change in the cost estimate, must ei- riod. ther deposit an amount into the fund (ii) If an owner or operator estab- so that its value after this deposit at lishes a trust fund as specified in least equals the amount of the current § 265.145(a) of this chapter, and the post-closure cost estimate, or obtain value of that trust fund is less than the other financial assurance as specified current post-closure cost estimate in this section to cover the difference. when a permit is awarded for the facil- (7) During the operating life of the fa- ity, the amount of the current post-clo- cility, if the value of the trust fund is sure cost estimate still to be paid into greater than the total amount of the the fund must be paid in over the pay- current post-closure cost estimate, the in period as defined in paragraph (a)(3) owner or operator may submit a writ- of this section. Payments must con- ten request to the Regional Adminis- tinue to be made no later than 30 days trator for release of the amount in ex- after each anniversary date of the first cess of the current post-closure cost es- payment made pursuant to Part 265 of timate. this chapter. The amount of each pay- (8) If an owner or operator sub- ment must be determined by this for- mula: stitutes other financial assurance as specified in this section for all or part of the trust fund, he may submit a CE − CV Next payment = written request to the Regional Admin- Y istrator for release of the amount in where CE is the current post-closure excess of the current post-closure cost cost estimate, CV is the current value estimate covered by the trust fund. of the trust fund, and Y is the number (9) Within 60 days after receiving a of years remaining in the pay-in pe- request from the owner or operator for riod. release of funds as specified in para- (4) The owner or operator may accel- graph (a) (7) or (8) of this section, the erate payments into the trust fund or Regional Administrator will instruct he may deposit the full amount of the the trustee to release to the owner or current post-closure cost estimate at operator such funds as the Regional the time the fund is established. How- Administrator specifies in writing. ever, he must maintain the value of the (10) During the period of post-closure fund at no less than the value that the care, the Regional Administrator may fund would have if annual payments approve a release of funds if the owner were made as specified in paragraph or operator demonstrates to the Re- (a)(3) of this section. gional Administrator that the value of (5) If the owner or operator estab- the trust fund exceeds the remaining lishes a post-closure trust fund after cost of post-closure care. having used one or more alternate mechanisms specified in this section or (11) An owner or operator or any in § 265.145 of this chapter, his first pay- other person authorized to conduct ment must be in at least the amount post-closure care may request reim- that the fund would contain if the trust bursements for post-closure care ex- fund were established initially and an- penditures by submitting itemized bills nual payments made according to spec- to the Regional Administrator. Within ifications of this paragraph and 60 days after receiving bills for post- § 265.145(a) of this chapter, as applica- closure care activities, the Regional ble. Administrator will instruct the trustee (6) After the pay-in period is com- to make reimbursements in those pleted, whenever the current post-clo- amounts as the Regional Adminis- sure cost estimate changes during the trator specifies in writing, if the Re- operating life of the facility, the owner gional Administrator determines that or operator must compare the new esti- the post-closure care expenditures are mate with the trustee’s most recent in accordance with the approved post- annual valuation of the trust fund. If closure plan or otherwise justified. If the value of the fund is less than the the Regional Administrator does not amount of the new estimate, the owner instruct the trustee to make such re- or operator, within 60 days after the imbursements, he will provide the
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owner or operator with a detailed writ- (C) Annual valuations as required by ten statement of reasons. the trust agreement; and (12) The Regional Administrator will (D) Notices of nonpayment as re- agree to termination of the trust when: quired by the trust agreement. (i) An owner or operator substitutes (4) The bond must guarantee that the alternate financial assurance as speci- owner or operator will: fied in this section; or (i) Fund the standby trust fund in an (ii) The Regional Administrator re- amount equal to the penal sum of the leases the owner or operator from the bond before the beginning of final clo- requirements of this section in accord- sure of the facility; or ance with § 264.145(i). (ii) Fund the standby trust fund in an (b) Surety bond guaranteeing payment amount equal to the penal sum within into a post-closure trust fund. (1) An 15 days after an administrative order owner or operator may satisfy the re- to begin final closure issued by the Re- quirements of this section by obtaining gional Administrator becomes final, or a surety bond which conforms to the within 15 days after an order to begin requirements of this paragraph and final closure is issued by a U.S. district submitting the bond to the Regional court or other court of competent ju- Administrator. An owner or operator of risdiction; or a new facility must submit the bond to (iii) Provide alternate financial as- the Regional Administrator at least 60 surance as specified in this section, and days before the date on which haz- obtain the Regional Administrator’s ardous waste is first received for dis- written approval of the assurance pro- posal. The bond must be effective be- vided, within 90 days after receipt by fore this initial receipt of hazardous both the owner or operator and the Re- waste. The surety company issuing the gional Administrator of a notice of bond must, at a minimum, be among cancellation of the bond from the sur- those listed as acceptable sureties on ety. Federal bonds in Circular 570 of the (5) Under the terms of the bond, the U.S. Department of the Treasury. surety will become liable on the bond (2) The wording of the surety bond obligation when the owner or operator must be identical to the wording speci- fails to perform as guaranteed by the fied in § 264.151(b). bond. (3) The owner or operator who uses a (6) The penal sum of the bond must surety bond to satisfy the require- be in an amount at least equal to the ments of this section must also estab- current post-closure cost estimate, ex- lish a standby trust fund. Under the cept as provided in § 264.145(g). terms of the bond, all payments made (7) Whenever the current post-closure thereunder will be deposited by the cost estimate increases to an amount surety directly into the standby trust greater than the penal sum, the owner fund in accordance with instructions or operator, within 60 days after the in- from the Regional Administrator. This crease, must either cause the penal standby trust fund must meet the re- sum to be increased to an amount at quirements specified in § 264.145(a), ex- least equal to the current post-closure cept that: cost estimate and submit evidence of (i) An originally signed duplicate of such increase to the Regional Adminis- the trust agreement must be submitted trator, or obtain other financial assur- to the Regional Administrator with the ance as specified in this section to surety bond; and cover the increase. Whenever the cur- (ii) Until the standby trust fund is rent post-closure cost estimate de- funded pursuant to the requirements of creases, the penal sum may be reduced this section, the following are not re- to the amount of the current post-clo- quired by these regulations: sure cost estimate following written (A) Payments into the trust fund as approval by the Regional Adminis- specified in § 264.145(a); trator. (B) Updating of Schedule A of the (8) Under the terms of the bond, the trust agreement (see § 264.151(a)) to surety may cancel the bond by sending show current post-closure cost esti- notice of cancellation by certified mail mates; to the owner or operator and to the
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Regional Administrator. Cancellation show current post-closure cost esti- may not occur, however, during the 120 mates; days beginning on the date of receipt of (C) Annual valuations as required by the notice of cancellation by both the the trust agreement; and owner or operator and the Regional Ad- (D) Notices of nonpayment as re- ministrator, as evidenced by the return quired by the trust agreement. receipts. (4) The bond must guarantee that the (9) The owner or operator may cancel owner or operator will: the bond if the Regional Administrator (i) Perform post-closure care in ac- has given prior written consent based cordance with the post-closure plan on his receipt of evidence of alternate and other requirements of the permit financial assurance as specified in this for the facility; or section. (ii) Provide alternate financial assur- (c) Surety bond guaranteeing perform- ance as specified in this section, and ance of post-closure care. (1) An owner or obtain the Regional Administrator’s operator may satisfy the requirements of this section by obtaining a surety written approval of the assurance pro- bond which conforms to the require- vided, within 90 days of receipt by both ments of this paragraph and submit- the owner or operator and the Regional ting the bond to the Regional Adminis- Administrator of a notice of cancella- trator. An owner or operator of a new tion of the bond from the surety. facility must submit the bond to the (5) Under the terms of the bond, the Regional Administrator at least 60 surety will become liable on the bond days before the date on which haz- obligation when the owner or operator ardous waste is first received for dis- fails to perform as guaranteed by the posal. The bond must be effective be- bond. Following a final administrative fore this initial receipt of hazardous determination pursuant to section 3008 waste. The surety company issuing the of RCRA that the owner or operator bond must, at a minimum, be among has failed to perform post-closure care those listed as acceptable sureties on in accordance with the approved post- Federal bonds in Circular 570 of the closure plan and other permit require- U.S. Department of the Treasury. ments, under the terms of the bond the (2) The wording of the surety bond surety will perform post-closure care in must be identical to the wording speci- accordance with the post-closure plan fied in § 264.151(c). and other permit requirements or will (3) The owner or operator who uses a deposit the amount of the penal sum surety bond to satisfy the require- into the standby trust fund. ments of this section must also estab- (6) The penal sum of the bond must lish a standby trust fund. Under the be in an amount at least equal to the terms of the bond, all payments made current post-closure cost estimate. thereunder will be deposited by the (7) Whenever the current post-closure surety directly into the standby trust cost estimate increases to an amount fund in accordance with instructions greater than the penal sum during the from the Regional Administrator. This operating life of the facility, the owner standby trust fund must meet the re- or operator, within 60 days after the in- quirements specified in § 264.145(a), ex- crease, must either cause the penal cept 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- surety bond; and trator, or obtain other financial assur- (ii) Unless the standby trust fund is ance as specified in this section. When- funded pursuant to the requirements of ever the current post-closure cost esti- this section, the following are not re- mate decreases during the operating quired by these regulations: life of the facility, the penal sum may (A) Payments into the trust fund as be reduced to the amount of the cur- specified in § 264.145(a); rent post-closure cost estimate fol- (B) Updating of Schedule A of the lowing written approval by the Re- trust agreement (see § 264.151(a)) to gional Administrator.
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(8) During the period of post-closure (2) The wording of the letter of credit care, the Regional Administrator may must be identical to the wording speci- approve a decrease in the penal sum if fied in § 264.151(d). the owner or operator demonstrates to (3) An owner or operator who uses a the Regional Administrator that the letter of credit to satisfy the require- amount exceeds the remaining cost of ments of this section must also estab- post-closure care. lish a standby trust fund. Under the (9) Under the terms of the bond, the terms of the letter of credit, all surety may cancel the bond by sending amounts paid pursuant to a draft by notice of cancellation by certified mail the Regional Administrator will be de- to the owner or operator and to the Re- posited by the issuing institution di- gional Administrator. Cancellation rectly into the standby trust fund in accordance with instructions from the may not occur, however, during the 120 Regional Administrator. This standby days beginning on the date of receipt of trust fund must meet the requirements the notice of cancellation by both the of the trust fund specified in owner or operator and the Regional Ad- § 264.145(a), except that: ministrator, as evidenced by the return (i) An originally signed duplicate of receipts. the trust agreement must be submitted (10) The owner or operator may can- to the Regional Administrator with the cel the bond if the Regional Adminis- letter of credit; and trator has given prior written consent. (ii) Unless the standby trust fund is The Regional Administrator will pro- funded pursuant to the requirements of vide such written consent when: this section, the following are not re- (i) An owner or operator substitutes quired by these regulations: alternate financial assurance as speci- (A) Payments into the trust fund as fied in this section; or specified in § 264.145(a); (ii) The Regional Administrator re- (B) Updating of Schedule A of the leases the owner or operator from the trust agreement (see § 264.151(a)) to requirements of this section in accord- show current post-closure cost esti- ance with § 264.145(i). mates; (11) The surety will not be liable for (C) Annual valuations as required by deficiencies in the performance of post- the trust agreement; and closure care by the owner or operator (D) Notices of nonpayment as re- after the Regional Administrator re- quired by the trust agreement. leases the owner or operator from the (4) The letter of credit must be ac- companied by a letter from the owner requirements of this section in accord- or operator referring to the letter of ance with § 264.145(i). credit by number, issuing institution, (d) Post-closure letter of credit. (1) An and date, and providing the following owner or operator may satisfy the re- information: the EPA Identification quirements of this section by obtaining Number, name, and address of the facil- an irrevocable standby letter of credit ity, and the amount of funds assured which conforms to the requirements of for post-closure care of the facility by this paragraph and submitting the let- the letter of credit. ter to the Regional Administrator. An (5) The letter of credit must be irrev- owner or operator of a new facility ocable and issued for a period of at must submit the letter of credit to the least 1 year. The letter of credit must Regional Administrator at least 60 provide that the expiration date will be days before the date on which haz- automatically extended for a period of ardous waste is first received for dis- at least 1 year unless, at least 120 days posal. The letter of credit must be ef- before the current expiration date, the fective before this initial receipt of issuing institution notifies both the hazardous waste. The issuing institu- owner or operator and the Regional Ad- tion must be an entity which has the ministrator by certified mail of a deci- authority to issue letters of credit and sion not to extend the expiration date. whose letter-of-credit operations are Under the terms of the letter of credit, regulated and examined by a Federal or the 120 days will begin on the date State agency. when both the owner or operator and
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the Regional Administrator have re- the last 30 days of any such extension ceived the notice, as evidenced by the the Regional Administrator will draw return receipts. on the letter of credit if the owner or (6) The letter of credit must be issued operator has failed to provide alternate in a amount at least equal to the cur- financial assurance as specified in this rent post-closure cost estimate, except section and obtain written approval of as provided in § 264.145(g). such assurance from the Regional Ad- (7) Whenever the current post-closure ministrator. cost estimate increases to an amount (11) The Regional Administrator will greater than the amount of the credit return the letter of credit to the during the operating life of the facil- issuing institution for termination ity, the owner or operator, within 60 when: days after the increase, must either (i) An owner or operator substitutes cause the amount of the credit to be in- alternate financial assurance as speci- creased so that it at least equals the fied in this section; or current post-closure cost estimate and (ii) The Regional Administrator re- submit evidence of such increase to the leases the owner or operator from the Regional Administrator, or obtain requirements of this section in accord- other financial assurance as specified ance with § 264.145(i). in this section to cover the increase. (e) Post-closure insurance. (1) An Whenever the current post-closure cost owner or operator may satisfy the re- estimate decreases during the oper- quirements of this section by obtaining ating life of the facility, the amount of post-closure insurance which conforms the credit may be reduced to the to the requirements of this paragraph amount of the current post-closure and submitting a certificate of such in- cost estimate following written ap- surance to the Regional Administrator. proval by the Regional Administrator. An owner or operator of a new facility (8) During the period of post-closure must submit the certificate of insur- care, the Regional Administrator may ance to the Regional Administrator at approve a decrease in the amount of least 60 days before the date on which the letter of credit if the owner or op- hazardous waste is first received for erator demonstrates to the Regional disposal. The insurance must be effec- Administrator that the amount ex- tive before this initial receipt of haz- ceeds the remaining cost of post-clo- ardous waste. At a minimum, the in- sure care. surer must be licensed to transact the (9) Following a final administrative business of insurance, or eligible to determination pursuant to section 3008 provide insurance as an excess or sur- of RCRA that the owner or operator plus lines insurer, in one or more has failed to perform post-closure care States. in accordance with the approved post- (2) The wording of the certificate of closure plan and other permit require- insurance must be identical to the ments, the Regional Administrator wording specified in § 264.151(e). may draw on the letter of credit. (3) The post-closure insurance policy (10) If the owner or operator does not must be issued for a face amount at establish alternate financial assurance least equal to the current post-closure as specified in this section and obtain cost estimate, except as provided in written approval of such alternate as- § 264.145(g). The term ‘‘face amount’’ surance from the Regional Adminis- means the total amount the insurer is trator within 90 days after receipt by obligated to pay under the policy. Ac- both the owner or operator and the Re- tual payments by the insurer will not gional Administrator of a notice from change the face amount, although the the issuing institution that it has de- insurer’s future liability will be low- cided not to extend the letter of credit ered by the amount of the payments. beyond the current expiration date, the (4) The post-closure insurance policy Regional Administrator will draw on must guarantee that funds will be the letter of credit. The Regional Ad- available to provide post-closure care ministrator may delay the drawing if of the facility whenever the post-clo- the issuing institution grants an exten- sure period begins. The policy must sion of the term of the credit. During also guarantee that once post-closure
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care begins, the insurer will be respon- option of renewal at the face amount of sible for paying out funds, up to an the expiring policy. If there is a failure amount equal to the face amount of to pay the premium, the insurer may the policy, upon the direction of the elect to cancel, terminate, or fail to Regional Administrator, to such party renew the policy by sending notice by or parties as the Regional Adminis- certified mail to the owner or operator trator specifies. and the Regional Administrator. Can- (5) An owner or operator or any other cellation, termination, or failure to person authorized to conduct post-clo- renew may not occur, however, during sure care may request reimbursements the 120 days beginning with the date of for post-closure care expenditures by receipt of the notice by both the Re- submitting itemized bills to the Re- gional Administrator and the owner or gional Administrator. Within 60 days operator, as evidenced by the return re- after receiving bills for post-closure ceipts. Cancellation, termination, or care activities, the Regional Adminis- failure to renew may not occur and the trator will instruct the insurer to policy will remain in full force and ef- make reimbursements in those fect in the event that on or before the amounts as the Regional Adminis- date of expiration: trator specifies in writing, if the Re- (i) The Regional Administrator gional Administrator determines that deems the facility abandoned; or the post-closure care expenditures are (ii) The permit is terminated or re- in accordance with the approved post- voked or a new permit is denied; or closure plan or otherwise justified. If (iii) Closure is ordered by the Re- the Regional Administrator does not gional Administrator or a U.S. district instruct the insurer to make such re- court or other court of competent ju- imbursements, he will provide the risdiction; or owner or operator with a detailed writ- (iv) The owner or operator is named ten 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 paragraph (e)(11) of this section. Fail- greater than the face amount of the ure to pay the premium, without sub- policy during the operating life of the stitution of alternate financial assur- facility, the owner or operator, within ance as specified in this section, will 60 days after the increase, must either constitute a significant violation of cause the face amount to be increased these regulations, warranting such to an amount at least equal to the cur- remedy as the Regional Administrator rent post-closure cost estimate and deems necessary. Such violation will submit evidence of such increase to the be deemed to begin upon receipt by the Regional Administrator, or obtain Regional Administrator of a notice of other financial assurance as specified future cancellation, termination, or in this section to cover the increase. failure to renew due to nonpayment of Whenever the current post-closure cost the premium, rather than upon the estimate decreases during the oper- date of expiration. ating life of the facility, the face (7) Each policy must contain a provi- amount may be reduced to the amount sion allowing assignment of the policy of the current post-closure cost esti- to a successor owner or operator. Such mate following written approval by the assignment may be conditional upon Regional Administrator. consent of the insurer, provided such (10) Commencing on the date that li- consent is not unreasonably refused. ability to make payments pursuant to (8) The policy must provide that the the policy accrues, the insurer will insurer may not cancel, terminate, or thereafter annually increase the face fail to renew the policy except for fail- amount of the policy. Such increase ure to pay the premium. The auto- must be equivalent to the face amount matic renewal of the policy must, at a of the policy, less any payments made, minimum, provide the insured with the multiplied by an amount equivalent to
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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 securi- million; and ties. (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 (f)(1) of this section refers to requirements of this section in accord- the cost estimates required to be ance with § 264.145(i). shown in paragraphs 1–4 of the letter (f) 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- (f)(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 of either paragraph (f)(1)(i) or er’s or operator’s chief financial officer (ii) of this section: (§ 144.70(f) of this title). (3) To demonstrate that he meets (i) The owner or operator must have: this test, the owner or operator must (A) Two of the following three ratios: submit the following items to the Re- a ratio of total liabilities to net worth gional Administrator: less than 2.0; a ratio of the sum of net (i) A letter signed by the owner’s or income plus depreciation, depletion, operator’s chief financial officer and and amortization to total liabilities worded as specified in § 264.151(f); and greater than 0.1; and a ratio of current (ii) A copy of the independent cer- assets to current liabilities greater tified public accountant’s report on ex- than 1.5; and amination of the owner’s or operator’s (B) Net working capital and tangible financial statements for the latest net worth each at least six times the completed fiscal year; and sum of the current closure and post- (iii) A special report from the owner’s closure cost estimates and the current or operator’s independent certified pub- plugging and abandonment cost esti- lic accountant to the owner or operator mates; and stating that: (C) Tangible net worth of at least $10 (A) He has compared the data which million; and the letter from the chief financial offi- (D) Assets in the United States cer specifies as having been derived amounting to at least 90 percent of his from the independently audited, year- total assets or at least six times the end financial statements for the latest sum of the current closure and post- fiscal year with the amounts in such fi- closure cost estimates and the current nancial statements; and plugging and abandonment cost esti- (B) In connection with that proce- mates. dure, no matters came to his attention (ii) The owner or operator must have: which caused him to believe that the (A) A current rating for his most re- specified data should be adjusted. cent bond issuance of AAA, AA, A, or (4) An owner or operator of a new fa- BBB as issued by Standard and Poor’s cility must submit the items specified or Aaa, Aa, A or Baa as issued by in paragraph (f)(3) of this section to the Moody’s; and Regional Administrator at least 60 (B) Tangible net worth at least six days before the date on which haz- times the sum of the current closure ardous waste is first received for dis- and post-closure cost estimates and the posal.
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(5) After the initial submission of approve a decrease in the current post- items specified in paragraph (f)(3) of closure cost estimate for which this this section, the owner or operator test demonstrates financial assurance must send updated information to the if the owner or operator demonstrates Regional Administrator within 90 days to the Regional Administrator that the after the close of each succeeding fiscal amount of the cost estimate exceeds year. This information must consist of the remaining cost of post-closure care. all three items specified in paragraph (10) The owner or operator is no (f)(3) of this section. longer required to submit the items (6) If the owner or operator no longer specified in paragraph (f)(3) of this sec- meets the requirements of paragraph tion when: (f)(1) of this section, he must send no- (i) An owner or operator substitutes tice to the Regional Administrator of alternate financial assurance as speci- intent to establish alternate financial fied in this section; or assurance as specified in this section. (ii) The Regional Administrator re- The notice must be sent by certified leases the owner or operator from the mail within 90 days after the end of the requirements of this section in accord- fiscal year for which the year-end fi- ance with § 264.145(i). nancial data show that the owner or (11) An owner or operator may meet operator no longer meets the require- the requirements for this section by ments. The owner or operator must obtaining a written guarantee. The provide the alternate financial assur- guarantor must be the direct of higher- ance within 120 days after the end of tier parent corporation of the owner or such fiscal year. operator, a firm whose parent corpora- (7) The Regional Administrator may, tion is also the parent corporation of based on a reasonable belief that the the owner or operator, or a firm with a owner or operator may no longer meet ‘‘substantial business relationship’’ the requirements of paragraph (f)(1) of with the owner or operator. The guar- this section, require reports of finan- antor must meet the requirements for cial condition at any time from the owners or operators in paragraphs (f)(1) owner or operator in addition to those through (9) of this section and must specified in paragraph (f)(3) of this sec- comply with the terms of the guar- tion. If the Regional Administrator antee. The wording of the guarantee finds, on the basis of such reports or must be identical to the wording speci- other information, that the owner or fied in § 264.151(h). A certified copy of operator no longer meets the require- the guarantee must accompany the ments of paragraph (f)(1) of this sec- items sent to the Regional Adminis- tion, the owner or operator must pro- trator as specified in paragraph (f)(3) of vide alternate financial assurance as this section. One of these items must specified in this section within 30 days be the letter from the guarantor’s chief after notification of such a finding. financial officer. If the guarantor’s par- (8) The Regional Administrator may ent corporation is also the parent cor- disallow use of this test on the basis of poration of the owner or operator, the qualifications in the opinion expressed letter must describe the value received by the independent certified public ac- in consideration of the guarantee. If countant in his report on examination the guarantor is a firm with a ‘‘sub- of the owner’s or operator’s financial stantial business relationship’’ with the statements (see paragraph (f)(3)(ii) of owner or operator, this letter must de- this section). An adverse opinion or a scribe this ‘‘substantial business rela- disclaimer of opinion will be cause for tionship’’ and the value received in con- disallowance. The Regional Adminis- sideration of the guarantee. The terms trator will evaluate other qualifica- of the guarantee must provide that: tions on an individual basis. The owner (i) If the owner or operator fails to or operator must provide alternate fi- perform post-closure care of a facility nancial assurance as specified in this covered by the corporate guarantee in section within 30 days after notifica- accordance with the post-closure plan tion of the disallowance. and other permit requirements when- (9) During the period of post-closure ever required to do so, the guarantor care, the Regional Administrator may will do so or establish a trust fund as
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specified in § 264.145(a) in the name of gional Administrator must include a the owner or operator. list showing, for each facility, the EPA (ii) The corporate guarantee will re- Identification Number, name, address, main in force unless the guarantor and the amount of funds for post-clo- sends notice of cancellation by cer- sure care assured by the mechanism. If tified mail to the owner or operator the facilities covered by the mecha- and to the Regional Administrator. nism are in more than one Region, Cancellation may not occur, however, identical evidence of financial assur- during the 120 days beginning on the ance must be submitted to and main- date of receipt of the notice of can- tained with the Regional Administra- cellation by both the owner or operator tors of all such Regions. The amount of and the Regional Administrator, as funds available through the mechanism evidenced by the return receipts. must be no less than the sum of funds (iii) If the owner or operator fails to that would be available if a separate provide alternate financial assurance mechanism had been established and as specified in this section and obtain maintained for each facility. In direct- the written approval of such alternate ing funds available through the mecha- assurance from the Regional Adminis- nism for post-closure care of any of the trator within 90 days after receipt by facilities covered by the mechanism, both the owner or operator and the Re- the Regional Administrator may direct gional Administrator of a notice of only the amount of funds designated cancellation of the corporate guar- for that facility, unless the owner or antee from the guarantor, the guar- operator agrees to the use of additional antor will provide such alternate finan- funds available under the mechanism. cial assurance in the name of the (i) Release of the owner or operator owner or operator. from the requirements of this section. (g) Use of multiple financial mecha- Within 60 days after receiving certifi- nisms. An owner or operator may sat- cations from the owner or operator and isfy the requirements of this section by an independent registered professional establishing more than one financial engineer that the post-closure care pe- mechanism per facility. These mecha- riod has been completed for a haz- nisms are limited to trust funds, surety ardous waste disposal unit in accord- bonds guaranteeing payment into a ance with the approved plan, the Re- trust fund, letters of credit, and insur- gional Administrator will notify the ance. The mechanisms must be as spec- owner or operator that he is no longer ified in paragraphs (a), (b), (d), and (e), required to maintain financial assur- respectively, of this section, except ance for post-closure care of that unit, that it is the combination of mecha- unless the Regional Administrator has nisms, rather than the single mecha- reason to believe that post-closure care nism, which must provide financial as- has not been in accordance with the ap- surance for an amount at least equal to proved post-closure plan. The Regional the current post-closure cost estimate. Administrator shall provide the owner If an owner or operator uses a trust or operator with a detailed written fund in combination with a surety bond statement of any such reason to be- or a letter of credit, he may use the lieve that post-closure care has not trust fund as the standby trust fund for been in accordance with the approved the other mechanisms. A single stand- post-closure plan. by trust fund may be established for two or more mechanisms. The Regional [47 FR 15047, Apr. 7, 1982, as amended at 51 Administrator may use any or all of FR 16449, May 2, 1986; 57 FR 42836, Sept. 16, 1992] the mechanisms to provide for post- closure care of the facility. (h) Use of a financial mechanism for § 264.146 Use of a mechanism for fi- multiple facilities. An owner or operator nancial assurance of both closure may use a financial assurance mecha- and post-closure care. nism specified in this section to meet An owner or operator may satisfy the the requirements of this section for requirements for financial assurance more than one facility. Evidence of fi- for both closure and post-closure care nancial assurance submitted to the Re- for one or more facilities by using a
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trust fund, surety bond, letter of cred- dorsement or the Certificate of Liabil- it, insurance, financial test, or cor- ity Insurance to the Regional Adminis- porate guarantee that meets the speci- trator at least 60 days before the date fications for the mechanism in both on which hazardous waste is first re- §§ 264.143 and 264.145. The amount of ceived for treatment, storage, or dis- funds available through the mechanism posal. The insurance must be effective must be no less than the sum of funds before this initial receipt of hazardous that would be available if a separate waste. mechanism had been established and (ii) Each insurance policy must be maintained for financial assurance of issued by an insurer which, at a min- closure and of post-closure care. imum, is licensed to transact the busi- ness of insurance, or eligible to provide § 264.147 Liability requirements. insurance as an excess or surplus lines (a) Coverage for sudden accidental oc- insurer, in one or more States. currences. An owner or operator of a (2) An owner or operator may meet hazardous waste treatment, storage, or the requirements of this section by disposal facility, or a group of such fa- passing a financial test or using the cilities, must demonstrate financial re- guarantee for liability coverage as sponsibility for bodily injury and prop- specified in paragraphs (f) and (g) of erty damage to third parties caused by this section. sudden accidental occurrences arising (3) An owner or operator may meet from operations of the facility or group the requirements of this section by ob- of facilities. The owner or operator taining a letter of credit for liability must have and maintain liability cov- coverage as specified in paragraph (h) erage for sudden accidental occur- of this section. rences in the amount of at least $1 mil- (4) An owner or operator may meet lion per occurrence with an annual ag- gregate of at least $2 million, exclusive the requirements of this section by ob- of legal defense costs. This liability taining a surety bond for liability cov- coverage may be demonstrated as spec- erage as specified in paragraph (i) of ified in paragraphs (a) (1), (2), (3), (4), this section. (5), or (6) of this section: (5) An owner or operator may meet (1) An owner or operator may dem- the requirements of this section by ob- onstrate the required liability coverage taining a trust fund for liability cov- by having liability insurance as speci- erage as specified in paragraph (j) of fied in this paragraph. this section. (i) Each insurance policy must be (6) An owner or operator may dem- amended by attachment of the Haz- onstrate the required liability coverage ardous Waste Facility Liability En- through the use of combinations of in- dorsement or evidenced by a Certifi- surance, financial test, guarantee, let- cate of Liability Insurance. The word- ter of credit, surety bond, and trust ing of the endorsement must be iden- fund, except that the owner or operator tical to the wording specified in may not combine a financial test cov- § 264.151(i). The wording of the certifi- ering part of the liability coverage re- cate of insurance must be identical to quirement with a guarantee unless the the wording specified in § 264.151(j). The financial statement of the owner or op- owner or operator must submit a erator is not consolidated with the fi- signed duplicate original of the en- nancial statement of the guarantor. dorsement or the certificate of insur- The amounts of coverage demonstrated ance to the Regional Administrator, or must total at least the minimum Regional Administrators if the facili- amounts required by this section. If ties are located in more than one Re- the owner or operator demonstrates gion. If requested by a Regional Ad- the required coverage through the use ministrator, the owner or operator of a combination of financial assur- must provide a signed duplicate origi- ances under this paragraph, the owner nal of the insurance policy. An owner or operator shall specify at least one or operator of a new facility must sub- such assurance as ‘‘primary’’ coverage mit the signed duplicate original of the and shall specify other assurance as Hazardous Waste Facility Liability En- ‘‘excess’’ coverage. 249
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(7) An owner or operator shall notify nonsudden accidental occurrences must the Regional Administrator in writing maintain liability coverage in the within 30 days whenever: amount of at least $4 million per occur- (i) A claim results in a reduction in rence and $8 million annual aggregate. the amount of financial assurance for This liability coverage may be dem- liability coverage provided by a finan- onstrated as specified in paragraphs (b) cial instrument authorized in para- (1), (2), (3), (4), (5), or (6), of this sec- graphs (a)(1) through (a)(6) of this sec- tion: tion; or (1) An owner or operator may dem- (ii) A Certification of Valid Claim for onstrate the required liability coverage bodily injury or property damages by having liability insurance as speci- caused by a sudden or non-sudden acci- fied in this paragraph. dental occurrence arising from the op- (i) Each insurance policy must be eration of a hazardous waste treat- amended by attachment of the Haz- ment, storage, or disposal facility is ardous Waste Facility Liability En- entered between the owner or operator dorsement or evidenced by a Certifi- and third-party claimant for liability cate of Liability Insurance. The word- coverage under paragraphs (a)(1) ing of the endorsement must be iden- through (a)(6) of this section; or tical to the wording specified in (iii) A final court order establishing a § 264.151(i). The wording of the certifi- judgment for bodily injury or property cate of insurance must be identical to damage caused by a sudden or non-sud- the wording specified in § 264.151(j). The den accidental occurrence arising from owner or operator must submit a the operation of a hazardous waste signed duplicate original of the en- treatment, storage, or disposal facility dorsement or the certificate of insur- is issued against the owner or operator ance to the Regional Administrator, or or an instrument that is providing fi- Regional Administrators if the facili- nancial assurance for liability coverage ties are located in more than one Re- under paragraphs (a)(1) through (a)(6) gion. If requested by a Regional Ad- of this section. ministrator, the owner or operator (b) Coverage for nonsudden accidental must provide a signed duplicate origi- occurrences. An owner or operator of a nal of the insurance policy. An owner surface impoundment, landfill, land or operator of a new facility must sub- treatment facility, or disposal mis- mit the signed duplicate original of the cellaneous unit that is used to manage Hazardous Waste Facility Liability En- hazardous waste, or a group of such fa- dorsement or the Certificate of Liabil- cilities, must demonstrate financial re- sponsibility for bodily injury and prop- ity Insurance to the Regional Adminis- erty damage to third parties caused by trator at least 60 days before the date nonsudden accidental occurrences aris- on which hazardous waste is first re- ing from operations of the facility or ceived for treatment, storage, or dis- group of facilities. The owner or oper- posal. The insurance must be effective ator must have and maintain liability before this initial receipt of hazardous coverage for nonsudden accidental oc- waste. currences in the amount of at least $3 (ii) Each insurance policy must be million per occurrence with an annual issued by an insurer which, at a min- aggregate of at least $6 million, exclu- imum, is licensed to transact the busi- sive of legal defense costs. An owner or ness of insurance, or eligible to provide operator who must meet the require- insurance as an excess or surplus lines ments of this section may combine the insurer, in one or more States. required per-occurrence coverage levels (2) An owner or operator may meet for sudden and nonsudden accidental the requirements of this section by occurrences into a single per-occur- passing a financial test or using the rence level, and combine the required guarantee for liability coverage as annual aggregate coverage levels for specified in paragraphs (f) and (g) of sudden and nonsudden accidental oc- this section. currences into a single annual aggre- (3) An owner or operator may meet gate level. Owners or operators who the requirements of this section by ob- combine coverage levels for sudden and taining a letter of credit for liability
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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 (b)(1) through (b)(6) erage as specified in paragraph (i) of of this section. this section. (c) Request for variance. If an owner or (5) An owner or operator may meet operator can demonstrate to the satis- the requirements of this section by ob- faction of the Regional Administrator taining a trust fund for liability cov- that the levels of financial responsi- erage as specified in paragraph (j) of bility required by paragraph (a) or (b) this section. of this section are not consistent with (6) An owner or operator may dem- the degree and duration of risk associ- onstrate the required liability coverage ated with treatment, storage, or dis- through the use of combinations of in- posal at the facility or group of facili- surance, financial test, guarantee, let- ties, the owner or operator may obtain ter of credit, surety bond, and trust a variance from the Regional Adminis- fund, except that the owner or operator trator. The request for a variance must may not combine a financial test cov- be submitted to the Regional Adminis- ering part of the liability coverage re- trator as part of the application under quirement with a guarantee unless the § 270.14 of this chapter for a facility financial statement of the owner or op- that does not have a permit, or pursu- erator is not consolidated with the fi- ant to the procedures for permit modi- nancial statement of the guarantor. fication under § 124.5 of this chapter for The amounts of coverage demonstrated a facility that has a permit. If granted, must total at least the minimum amount required by this section. If the the variance will take the form of an owner or operator demonstrates the re- adjusted level of required liability cov- quired coverage through the use of a erage, such level to be based on the Re- combination of financial assurances gional Administrator’s assessment of under this paragraph, the owner or op- the degree and duration of risk associ- erator shall specify at least one such ated with the ownership or operation of assurance as ‘‘primary’’ coverage and the facility or group of facilities. The shall specify other assurance as ‘‘ex- Regional Administrator may require cess’’ coverage. an owner or operator who requests a (7) An owner or operator shall notify variance to provide such technical and the Regional Administrator in writing engineering information as is deemed within 30 days whenever: necessary by the Regional Adminis- (i) A Claim results in a reduction in trator to determine a level of financial the amount of financial assurance for responsibility other than that required liability coverage provided by a finan- by paragraph (a) or (b) of this section. cial instrument authorized in para- Any request for a variance for a per- graphs (b)(1) through (b)(6) of this sec- mitted facility will be treated as a re- tion; or quest for a permit modification under (ii) A Certification of Valid Claim for §§ 270.41(a)(5) and 124.5 of this chapter. bodily injury or property damages (d) Adjustments by the Regional Admin- caused by a sudden or non-sudden acci- istrator. If the Regional Administrator dental occurrence arising from the op- determines that the levels of financial eration of a hazardous waste treat- responsibility required by paragraph ment, storage, or disposal facility is (a) or (b) of this section are not con- entered between the owner or operator sistent with the degree and duration of and third-party claimant for liability risk associated with treatment, stor- coverage under paragraphs (b)(1) age, or disposal at the facility or group through (b)(6) of this section; or of facilities, the Regional Adminis- (iii) A final court order establishing a trator may adjust the level of financial judgment for bodily injury or property responsibility required under para- damage caused by a sudden or non-sud- graph (a) or (b) of this section as may den accidental occurrence arising from be necessary to protect human health the operation of a hazardous waste and the environment. This adjusted
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level will be based on the Regional Ad- six times the amount of liability cov- ministrator’s assessment of the degree erage to be demonstrated by this test. and duration of risk associated with (ii) The owner or operator must have: the ownership or operation of the facil- (A) A current rating for his most re- ity or group of facilities. In addition, if cent bond issuance of AAA, AA, A, or the Regional Administrator determines BBB as issued by Standard and Poor’s, that there is a significant risk to or Aaa, Aa, A, or Baa as issued by human health and the environment Moody’s; and from nonsudden accidental occurrences (B) Tangible net worth of at least $10 resulting from the operations of a fa- million; and cility that is not a surface impound- (C) Tangible net worth at least six ment, landfill, or land treatment facil- times the amount of liability coverage ity, he may require that an owner or to be demonstrated by this test; and operator of the facility comply with (D) Assets in the United States paragraph (b) of this section. An owner amounting to either: (1) At least 90 per- or operator must furnish to the Re- cent of his total assets; or (2) at least gional Administrator, within a reason- six times the amount of liability cov- able time, any information which the erage to be demonstrated by this test. Regional Administrator requests to de- (2) The phrase ‘‘amount of liability termine whether cause exists for such coverage’’ as used in paragraph (f)(1) of adjustments of level or type of cov- this section refers to the annual aggre- erage. Any adjustment of the level or gate amounts for which coverage is re- type of coverage for a facility that has quired under paragraphs (a) and (b) of a permit will be treated as a permit this section. modification under §§ 270.41(a)(5) and (3) To demonstrate that he meets 124.5 of this chapter. this test, the owner or operator must (e) Period of coverage. Within 60 days submit the following three items to the after receiving certifications from the Regional Administrator: owner or operator and an independent (i) A letter signed by the owner’s or registered professional engineer that operator’s chief financial officer and final closure has been completed in ac- worded as specified in § 264.151(g). If an cordance with the approved closure owner or operator is using the financial plan, the Regional Administrator will test to demonstrate both assurance for notify the owner or operator in writing closure or post-closure care, as speci- that he is no longer required by this fied by §§ 264.143(f), 264.145(f), 265.143(e), section to maintain liability coverage and 265.145(e), and liability coverage, for that facility, unless the Regional he must submit the letter specified in Administrator has reason to believe § 264.151(g) to cover both forms of finan- that closure has not been in accordance cial responsibility; a separate letter as with the approved closure plan. specified in § 264.151(f) is not required. (f) Financial test for liability coverage. (ii) A copy of the independent cer- (1) An owner or operator may satisfy tified public accountant’s report on ex- the requirements of this section by amination of the owner’s or operator’s demonstrating that he passes a finan- financial statements for the latest cial test as specified in this paragraph. completed fiscal year. To pass this test the owner or operator (iii) A special report from the owner’s must meet the criteria of paragraph or operator’s independent certified pub- (f)(1)(i) or (ii): lic accountant to the owner or operator (i) The owner or operator must have: stating that: (A) Net working capital and tangible (A) He has compared the data which net worth each at least six times the the letter from the chief financial offi- amount of liability coverage to be dem- cer specifies as having been derived onstrated by this test; and from the independently audited, year- (B) Tangible net worth of at least $10 end financial statements for the latest million; and fiscal year with the amounts in such fi- (C) Assets in the United States nancial statements; and amounting to either: (1) At least 90 per- (B) In connection with that proce- cent of his total assets; or (2) at least dure, no matters came to his attention
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which caused him to believe that the the owner or operator, or a firm with a specified data should be adjusted. ‘‘substantial business relationship’’ (4) An owner or operator of a new fa- with the owner or operator. The guar- cility must submit the items specified antor must meet the requirements for in paragraph (f)(3) of this section to the owners or operators in paragraphs (f)(1) Regional Administrator at least 60 through (f)(6) of this section. The word- days before the date on which haz- ing of the guarantee must be identical ardous waste is first received for treat- to the wording specified in ment, storage, or disposal. § 264.151(h)(2) of this part. A certified (5) After the initial submission of copy of the guarantee must accompany items specified in paragraph (f)(3) of the items sent to the Regional Admin- this section, the owner or operator istrator as specified in paragraph (f)(3) must send updated information to the of this section. One of these items must Regional Administrator within 90 days be the letter from the guarantor’s chief after the close of each succeeding fiscal financial officer. If the guarantor’s par- year. This information must consist of ent corporation is also the parent cor- all three items specified in paragraph poration of the owner or operator, this (f)(3) of this section. letter must describe the value received (6) If the owner or operator no longer in consideration of the guarantee. If meets the requirements of paragraph the guarantor is a firm with a ‘‘sub- (f)(1) of this section, he must obtain in- stantial business relationship’’ with the surance, a letter of credit, a surety owner or operator, this letter must de- bond, a trust fund, or a guarantee for scribe this ‘‘substantial business rela- the entire amount of required liability tionship’’ and the value received in con- coverage as specified in this section. sideration of the guarantee. Evidence of liability coverage must be (i) If the owner or operator fails to submitted to the Regional Adminis- satisfy a judgment based on a deter- trator within 90 days after the end of mination of liability for bodily injury the fiscal year for which the year-end or property damage to third parties financial data show that the owner or caused by sudden or nonsudden acci- operator no longer meets the test re- dental occurrences (or both as the case quirements. may be), arising from the operation of (7) The Regional Administrator may facilities covered by this corporate disallow use of this test on the basis of guarantee, or fails to pay an amount qualifications in the opinion expressed agreed to in settlement of claims aris- by the independent certified public ac- ing from or alleged to arise from such countant in his report on examination injury or damage, the guarantor will of the owner’s or operator’s financial do so up to the limits of coverage. statements (see paragraph (f)(3)(ii) of (ii) [Reserved] this section). An adverse opinion or a (2)(i) In the case of corporations in- disclaimer of opinion will be cause for corporated in the United States, a disallowance. The Regional Adminis- guarantee may be used to satisfy the trator will evaluate other qualifica- requirements of this section only if the tions on an individual basis. The owner Attorneys General or Insurance Com- or operator must provide evidence of missioners of (A) the State in which insurance for the entire amount of re- the guarantor is incorporated, and (B) quired liability coverage as specified in each State in which a facility covered this section within 30 days after notifi- by the guarantee is located have sub- cation of disallowance. mitted a written statement to EPA (g) Guarantee for liability coverage. (1) that a guarantee executed as described Subject to paragraph (g)(2) of this sec- in this section and § 264.151(h)(2) is a le- tion, an owner or operator may meet gally valid and enforceable obligation the requirements of this section by ob- in that State. taining a written guarantee, herein- (ii) In the case of corporations incor- after referred to as ‘‘guarantee.’’ The porated outside the United States, a guarantor must be the direct or higher- guarantee may be used to satisfy the tier parent corporation of the owner or requirements of this section only if (A) operator, a firm whose parent corpora- the non-U.S. corporation has identified tion is also the parent corporation of a registered agent for service of process
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in each State in which a facility cov- the most recent Circular 570 of the U.S. ered by the guarantee is located and in Department of the Treasury. the State in which it has its principal (3) The wording of the surety bond place of business, and (B) the Attorney must be identical to the wording speci- General or Insurance Commissioner of fied in § 264.151(l) of this part. each State in which a facility covered (4) A surety bond may be used to sat- by the guarantee is located and the isfy the requirements of this section State in which the guarantor corpora- only if the Attorneys General or Insur- tion has its principal place of business, ance Commissioners of (i) the State in has submitted a written statement to which the surety is incorporated, and EPA that a guarantee executed as de- (ii) each State in which a facility cov- scribed in this section and § 264.151(h)(2) is a legally valid and enforceable obli- ered by the surety bond is located have gation in that State. submitted a written statement to EPA (h) Letter of credit for liability coverage. that a surety bond executed as de- (1) An owner or operator may satisfy scribed in this section and § 264.151(l) of the requirements of this section by ob- this part is a legally valid and enforce- taining an irrevocable standby letter able obligation in that State. or credit that conforms to the require- (j) Trust fund for liability coverage. (1) ments of this paragraph and submit- An owner or operator may satisfy the ting a copy of the letter of credit to the requirements of this section by estab- Regional Administrator. lishing a trust fund that conforms to (2) The financial institution issuing the requirements of this paragraph and the letter of credit must be an entity submitting an originally signed dupli- that has the authority to issue letters cate of the trust agreement to the Re- of credit and whose letter of credit op- gional Administrator. erations are regulated and examined by (2) The trustee must be an entity a Federal or State agency. which has the authority to act as a (3) The wording of the letter of credit trustee and whose trust operations are must be identical to the wording speci- regulated and examined by a Federal or fied in § 264.151(k) of this part. State agency. (4) An owner or operator who uses a (3) The trust fund for liability cov- letter of credit to satisfy the require- ments of this section may also estab- erage must be funded for the full lish a standby trust fund. Under the amount of the liability coverage to be terms of such a letter of credit, all provided by the trust fund before it amounts paid pursuant to a draft by may be relied upon to satisfy the re- the trustee of the standby trust will be quirements of this section. If at any deposited by the issuing institution time after the trust fund is created the into the standby trust in accordance amount of funds in the trust fund is re- with instructions from the trustee. The duced below the full amount of the li- trustee of the standby trust fund must ability coverage to be provided, the be an entity which has the authority to owner or operator, by the anniversary act as a trustee and whose trust oper- date of the establishment of the fund, ations are regulated and examined by a must either add sufficient funds to the Federal or State agency. trust fund to cause its value to equal (5) The wording of the standby trust the full amount of liability coverage to fund must be identical to the wording be provided, or obtain other financial specified in § 264.151(n). assurance as specified in this section to (i) Surety bond for liability coverage. (1) cover the difference. For purposes of An owner or operator may satisfy the this paragraph, ‘‘the full amount of the requirements of this section by obtain- liability coverage to be provided’’ ing a surety bond that conforms to the means the amount of coverage for sud- requirements of this paragraph and den and/or nonsudden occurrences re- submitting a copy of the bond to the quired to be provided by the owner or Regional Administrator. (2) The surety company issuing the operator by this section, less the bond must be among those listed as ac- amount of financial assurance for li- ceptable sureties on Federal bonds in ability coverage that is being provided
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by other financial assurance mecha- liability coverage within 60 days after nisms being used to demonstrate finan- such an event. cial assurance by the owner or oper- ator. § 264.149 Use of State-required mecha- (4) The wording of the trust fund nisms. must be identical to the wording speci- (a) For a facility located in a State fied in § 264.151(m) of this part. where EPA is administering the re- (k) Notwithstanding any other provi- quirements of this subpart but where sion of this part, an owner or operator the State has hazardous waste regula- using liability insurance to satisfy the tions that include requirements for fi- requirements of this section may use, nancial assurance of closure or post- until October 16, 1982, a Hazardous closure care or liability coverage, an Waste Facility Liability Endorsement owner or operator may use State-re- or Certificate of Liability Insurance quired financial mechanisms to meet that does not certify that the insurer is the requirements of § 264.143, § 264.145, licensed to transact the business of in- or § 264.147, if the Regional Adminis- surance, or eligible as an excess or sur- trator determines that the State mech- plus lines insurer, in one or more anisms are at least equivalent to the fi- States. nancial mechanism specified in this subpart. The Regional Administrator [47 FR 16554, 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 16450, certainty of the availability of funds May 2, 1986; 51 FR 25354, July 11, 1986; 52 FR for the required closure or post-closure 44320, Nov. 18, 1987; 52 FR 46964, Dec. 10, 1987; care activities or liability coverage and 53 FR 33950, Sept. 1, 1988; 56 FR 30200, July 1, (2) the amount of funds that will be 1991; 57 FR 42836, Sept. 16, 1992] made available. The Regional Adminis- trator may also consider other factors § 264.148 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 §§ 264.143(f) and 264.145(f) 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 § 264.143, § 264.145, nancial mechanisms specified in this or § 264.147 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 § 264.143, § 264.145, or § 264.147, 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
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or operator may satisfy the require- as is deemed necessary to make this ments of this subpart by increasing the determination. Pending this deter- funds available through the State-re- mination, the owner or operator will be quired mechanism or using additional deemed to be in compliance with the financial mechanisms as specified in requirements of § 264.143, § 264.145, or this subpart. The amount of funds § 264.147, as applicable. available through the State and Fed- (b) If a State’s assumption of respon- eral mechanisms must at least equal sibility is found acceptable as specified the amount required by this subpart. in paragraph (a) of this section except for the amount of funds available, the § 264.150 State assumption of responsi- owner or operator may satisfy the re- bility. quirements of this subpart by use of (a) If a State either assumes legal re- both the State’s assurance and addi- sponsibility for an owner’s or opera- tional financial mechanisms as speci- tor’s compliance with the closure, post- fied in this subpart. The amount of closure care, or liability requirements funds available through the State and 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 § 264.143, § 264.145, or § 264.151 Wording of the instruments. § 264.147 if the Regional Administrator (a)(1) A trust agreement for a trust determines that the State’s assump- fund, as specified in § 264.143(a) or tion of responsibility is at least equiva- § 264.145(a) or § 265.143(a) or § 265.145(a) of lent to the financial mechanisms speci- this chapter, must be worded as fol- fied in this subpart. The Regional Ad- lows, except that instructions in brack- ministrator will evaluate the equiva- ets are to be replaced with the relevant lency of State guarantees principally information and the brackets deleted: in terms of (1) certainty of the avail- TRUST AGREEMENT ability of funds for the required closure or post-closure care activities or liabil- Trust Agreement, the ‘‘Agreement,’’ en- ity coverage and (2) the amount of tered into as of [date] by and between [name of the owner or operator], a [name of State] funds that will be made available. The [insert ‘‘corporation,’’ ‘‘partnership,’’ ‘‘asso- Regional Administrator may also con- ciation,’’ or ‘‘proprietorship’’], the ‘‘Grant- sider other factors as he deems appro- or,’’ and [name of corporate trustee], [insert priate. The owner or operator must ‘‘incorporated in the State of ——’’ or ‘‘a na- submit to the Regional Administrator tional bank’’], the ‘‘Trustee.’’ a letter from the State describing the Whereas, the United States Environmental nature of the State’s assumption of re- Protection Agency, ‘‘EPA,’’ an agency of the sponsibility together with a letter from United States Government, has established certain regulations applicable to the Grant- the owner or operator requesting that or, requiring that an owner or operator of a the State’s assumption of responsi- hazardous waste management facility shall bility be considered acceptable for provide assurance that funds will be avail- meeting the requirements of this sub- able when needed for closure and/or post-clo- part. The letter from the State must sure care of the facility, include, or have attached to it, the fol- Whereas, the Grantor has elected to estab- lowing information: the facility’s EPA lish a trust to provide all or part of such fi- Identification Number, name, and ad- nancial assurance for the facilities identified herein, dress, and the amount of funds for clo- Whereas, the Grantor, acting through its sure or post-closure care or liability duly authorized officers, has selected the coverage that are guaranteed by the Trustee to be the trustee under this agree- State. The Regional Administrator will ment, and the Trustee is willing to act as notify the owner or operator of his de- trustee, termination regarding the accept- Now, Therefore, the Grantor and the Trust- ability of the State’s guarantee in lieu ee agree as follows: Section 1. Definitions. As used in this Agree- of financial mechanisms specified in ment: this subpart. The Regional Adminis- (a) The term ‘‘Grantor’’ means the owner trator may require the owner or oper- or operator who enters into this Agreement ator to submit additional information and any successors or assigns of the Grantor.
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(b) The term ‘‘Trustee’’ means the Trustee spect to the trust fund solely in the interest who enters into this Agreement and any suc- of the beneficiary and with the care, skill, cessor Trustee. prudence, and diligence under the cir- Section 2. Identification of Facilities and Cost cumstances then prevailing which persons of Estimates. This Agreement pertains to the fa- prudence, acting in a like capacity and fa- cilities and cost estimates identified on at- miliar with such matters, would use in the tached Schedule A [on Schedule A, for each conduct of an enterprise of a like character facility list the EPA Identification Number, and with like aims; except that: name, address, and the current closure and/ (i) Securities or other obligations of the or post-closure cost estimates, or portions Grantor, or any other owner or operator of thereof, for which financial assurance is the facilities, or any of their affiliates as de- demonstrated by this Agreement]. fined in the Investment Company Act of 1940, Section 3. Establishment of Fund. The Grant- as amended, 15 U.S.C. 80a–2.(a), shall not be or and the Trustee hereby establish a trust acquired or held, unless they are securities fund, the Fund, for the benefit of EPA. The ‘‘ ’’ or other obligations of the Federal or a State Grantor and the Trustee intend that no third government; party have access to the Fund except as herein provided. The Fund is established ini- (ii) The Trustee is authorized to invest the tially as consisting of the property, which is Fund in time or demand deposits of the acceptable to the Trustee, described in Trustee, to the extent insured by an agency Schedule B attached hereto. Such property of the Federal or State government; and and any other property subsequently trans- (iii) The Trustee is authorized to hold cash ferred to the Trustee is referred to as the awaiting investment or distribution Fund, together with all earnings and profits uninvested for a reasonable time and with- thereon, less any payments or distributions out liability for the payment of interest made by the Trustee pursuant to this Agree- thereon. ment. The Fund shall be held by the Trustee, Section 7. Commingling and Investment. The IN TRUST, as hereinafter provided. The Trustee is expressly authorized in its discre- Trustee shall not be responsible nor shall it tion: undertake any responsibility for the amount (a) To transfer from time to time any or or adequacy of, nor any duty to collect from all of the assets of the Fund to any common, the Grantor, any payments necessary to dis- commingled, or collective trust fund created charge any liabilities of the Grantor estab- by the Trustee in which the Fund is eligible lished by EPA. to participate, subject to all of the provi- Section 4. Payment for Closure and Post-Clo- sions thereof, to be commingled with the as- sure Care. The Trustee shall make payments sets of other trusts participating therein; from the Fund as the EPA Regional Admin- and istrator shall direct, in writing, to provide (b) To purchase shares in any investment for the payment of the costs of closure and/ company registered under the Investment or post-closure care of the facilities covered Company Act of 1940, 15 U.S.C. 80a–1 et seq., by this Agreement. The Trustee shall reim- including one which may be created, man- burse the Grantor or other persons as speci- aged, underwritten, or to which investment fied by the EPA Regional Administrator advice is rendered or the shares of which are from the Fund for closure and post-closure sold by the Trustee. The Trustee may vote expenditures in such amounts as the EPA such shares in its discretion. Regional Administrator shall direct in writ- ing. In addition, the Trustee shall refund to Section 8. Express Powers of Trustee. Without the Grantor such amounts as the EPA Re- in any way limiting the powers and discre- gional Administrator specifies in writing. tions conferred upon the Trustee by the Upon refund, such funds shall no longer con- other provisions of this Agreement or by stitute part of the Fund as defined herein. law, the Trustee is expressly authorized and Section 5. Payments Comprising the Fund. empowered: Payments made to the Trustee for the Fund (a) To sell, exchange, convey, transfer, or shall consist of cash or securities acceptable otherwise dispose of any property held by it, to the Trustee. by public or private sale. No person dealing Section 6. Trustee Management. The Trustee with the Trustee shall be bound to see to the shall invest and reinvest the principal and application of the purchase money or to in- income of the Fund and keep the Fund in- quire into the validity or expediency of any vested as a single fund, without distinction such sale or other disposition; between principal and income, in accordance (b) To make, execute, acknowledge, and de- with general investment policies and guide- liver any and all documents of transfer and lines which the Grantor may communicate conveyance and any and all other instru- in writing to the Trustee from time to time, ments that may be necessary or appropriate subject, however, to the provisions of this to carry out the powers herein granted; section. In investing, reinvesting, exchang- (c) To register any securities held in the ing, selling, and managing the Fund, the Fund in its own name or in the name of a Trustee shall discharge his duties with re- nominee and to hold any security in bearer
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form or in book entry, or to combine certifi- tion for its services as agreed upon in writ- cates representing such securities with cer- ing from time to time with the Grantor. tificates of the same issue held by the Trust- Section 13. Successor Trustee. The Trustee ee in other fiduciary capacities, or to deposit may resign or the Grantor may replace the or arrange for the deposit of such securities Trustee, but such resignation or replacement in a qualified central depositary even shall not be effective until the Grantor has though, when so deposited, such securities appointed a successor trustee and this suc- may be merged and held in bulk in the name cessor accepts the appointment. The suc- of the nominee of such depositary with other cessor trustee shall have the same powers securities deposited therein by another per- and duties as those conferred upon the son, or to deposit or arrange for the deposit Trustee hereunder. Upon the successor trust- of any securities issued by the United States ee’s acceptance of the appointment, the Government, or any agency or instrumen- Trustee shall assign, transfer, and pay over tality thereof, with a Federal Reserve bank, to the successor trustee the funds and prop- but the books and records of the Trustee erties then constituting the Fund. If for any shall at all times show that all such securi- reason the Grantor cannot or does not act in ties are part of the Fund; the event of the resignation of the Trustee, (d) To deposit any cash in the Fund in in- the Trustee may apply to a court of com- terest-bearing accounts maintained or sav- petent jurisdiction for the appointment of a ings certificates issued by the Trustee, in its successor trustee or for instructions. The separate corporate capacity, or in any other successor trustee shall specify the date on banking institution affiliated with the which it assumes administration of the trust Trustee, to the extent insured by an agency in a writing sent to the Grantor, the EPA of the Federal or State government; and Regional Administrator, and the present (e) To compromise or otherwise adjust all Trustee by certified mail 10 days before such claims in favor of or against the Fund. change becomes effective. Any expenses in- Section 9. Taxes and Expenses. All taxes of curred by the Trustee as a result of any of any kind that may be assessed or levied against or in respect of the Fund and all bro- the acts contemplated by this Section shall kerage commissions incurred by the Fund be paid as provided in Section 9. shall be paid from the Fund. All other ex- Section 14. Instructions to the Trustee. All or- penses incurred by the Trustee in connection ders, requests, and instructions by the with the administration of this Trust, in- Grantor to the Trustee shall be in writing, cluding fees for legal services rendered to the signed by such persons as are designated in Trustee, the compensation of the Trustee to the attached Exhibit A or such other des- the extent not paid directly by the Grantor, ignees as the Grantor may designate by and all other proper charges and disburse- amendment to Exhibit A. The Trustee shall ments of the Trustee shall be paid from the be fully protected in acting without inquiry Fund. in accordance with the Grantor’s orders, re- Section 10. Annual Valuation. The Trustee quests, and instructions. All orders, re- shall annually, at least 30 days prior to the quests, and instructions by the EPA Re- anniversary date of establishment of the gional Administrator to the Trustee shall be Fund, furnish to the Grantor and to the ap- in writing, signed by the EPA Regional Ad- propriate EPA Regional Administrator a ministrators of the Regions in which the fa- statement confirming the value of the Trust. cilities are located, or their designees, and Any securities in the Fund shall be valued at the Trustee shall act and shall be fully pro- market value as of no more than 60 days tected in acting in accordance with such or- prior to the anniversary date of establish- ders, requests, and instructions. The Trustee ment of the Fund. The failure of the Grantor shall have the right to assume, in the ab- to object in writing to the Trustee within 90 sence of written notice to the contrary, that days after the statement has been furnished no event constituting a change or a termi- to the Grantor and the EPA Regional Admin- nation of the authority of any person to act istrator shall constitute a conclusively bind- on behalf of the Grantor or EPA hereunder ing assent by the Grantor, barring the has occurred. The Trustee shall have no duty Grantor from asserting any claim or liability to act in the absence of such orders, re- against the Trustee with respect to matters quests, and instructions from the Grantor disclosed in the statement. and/or EPA, except as provided for herein. Section 11. Advice of Counsel. The Trustee Section 15. Notice of Nonpayment. The Trust- may from time to time consult with counsel, ee shall notify the Grantor and the appro- who may be counsel to the Grantor, with re- priate EPA Regional Administrator, by cer- spect to any question arising as to the con- tified mail within 10 days following the expi- struction of this Agreement or any action to ration of the 30-day period after the anniver- be taken hereunder. The Trustee shall be sary of the establishment of the Trust, if no fully protected, to the extent permitted by payment is received from the Grantor during law, in acting upon the advice of counsel. that period. After the pay-in period is com- Section 12. Trustee Compensation. The Trust- pleted, the Trustee shall not be required to ee shall be entitled to reasonable compensa- send a notice of nonpayment.
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Section 16. Amendment of Agreement. This (2) The following is an example of the Agreement may be amended by an instru- certification of acknowledgment which ment in writing executed by the Grantor, the must accompany the trust agreement Trustee, and the appropriate EPA Regional for a trust fund as specified in Administrator, or by the Trustee and the ap- propriate EPA Regional Administrator if the §§ 264.143(a) and 264.145(a) or §§ 265.143(a) Grantor ceases to exist. or 265.145(a) of this chapter. State re- Section 17. Irrevocability and Termination. quirements may differ on the proper Subject to the right of the parties to amend content of this acknowledgment. this Agreement as provided in Section 16, State of lllllllllllllllllll this Trust shall be irrevocable and shall con- County of llllllllllllllllll tinue until terminated at the written agree- On this [date], before me personally came ment of the Grantor, the Trustee, and the [owner or operator] to me known, who, being EPA Regional Administrator, or by the by me duly sworn, did depose and say that Trustee and the EPA Regional Adminis- she/he resides at [address], that she/he is trator, if the Grantor ceases to exist. Upon [title] of [corporation], the corporation de- termination of the Trust, all remaining trust scribed in and which executed the above in- property, less final trust administration ex- strument; that she/he knows the seal of said penses, shall be delivered to the Grantor. corporation; that the seal affixed to such in- Section 18. Immunity and Indemnification. strument is such corporate seal; that it was The Trustee shall not incur personal liabil- so affixed by order of the Board of Directors ity of any nature in connection with any act of said corporation, and that she/he signed or omission, made in good faith, in the ad- her/his name thereto by like order. ministration of this Trust, or in carrying out any directions by the Grantor or the EPA [Signature of Notary Public] Regional Administrator issued in accordance (b) A surety bond guaranteeing pay- with this Agreement. The Trustee shall be ment into a trust fund, as specified in indemnified and saved harmless by the § 264.143(b) or § 264.145(b) or § 265.143(b) Grantor or from the Trust Fund, or both, from and against any personal liability to or § 265.145(b) of this chapter, must be which the Trustee may be subjected by rea- worded as follows, except that instruc- son of any act or conduct in its official ca- tions in brackets are to be replaced pacity, including all expenses reasonably in- with the relevant information and the curred in its defense in the event the Grant- brackets deleted: or fails to provide such defense. Section 19. Choice of Law. This Agreement FINANCIAL GUARANTEE BOND shall be administered, construed, and en- Date bond executed: forced according to the laws of the State of Effective date: [insert name of State]. Principal: [legal name and business address Section 20. Interpretation. As used in this of owner or operator] Agreement, words in the singular include the Type of Organization: [insert ‘‘individual,’’ plural and words in the plural include the ‘‘joint venture,’’ ‘‘partnership,’’ or ‘‘corpora- singular. The descriptive headings for each tion’’] Section of this Agreement shall not affect State of incorporation: lllllllllll the interpretation or the legal efficacy of Surety(ies): [name(s) and business ad- this Agreement. dress(es)] In Witness Whereof the parties have caused EPA Identification Number, name, address this Agreement to be executed by their re- and closure and/or post-closure amount(s) spective officers duly authorized and their for each facility guaranteed by this bond corporate seals to be hereunto affixed and at- [indicate closure and post-closure tested as of the date first above written: The amounts separately]: lllllllllll parties below certify that the wording of this Total penal sum of Agreement is identical to the wording speci- bond: $ lllllllllllllllllll fied in 40 CFR 264.151(a)(1) as such regula- Surety’s bond number: lllllllllll tions were constituted on the date first Know All Persons By These Presents, That above written. we, the Principal and Surety(ies) hereto are [Signature of Grantor] firmly bound to the U.S. Environmental Pro- [Title] tection Agency (hereinafter called EPA), in Attest: the above penal sum for the payment of which we bind ourselves, our heirs, execu- [Title] tors, administrators, successors, and assigns [Seal] jointly and severally; provided that, where [Signature of Trustee] the Surety(ies) are corporations acting as co- Attest: sureties, we, the Sureties, bind ourselves in [Title] such sum ‘‘jointly and severally’’ only for the [Seal] purpose of allowing a joint action or actions
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against any or all of us, and for all other pur- vided, however, that cancellation shall not poses each Surety binds itself, jointly and occur during the 120 days beginning on the severally with the Principal, for the pay- date of receipt of the notice of cancellation ment of such sum only as is set forth oppo- by both the Principal and the EPA Regional site the name of such Surety, but if no limit Administrator(s), as evidenced by the return of liability is indicated, the limit of liability receipts. shall be the full amount of the penal sum. The Principal may terminate this bond by Whereas said Principal is required, under sending written notice to the Surety(ies), the Resource Conservation and Recovery Act provided, however, that no such notice shall as amended (RCRA), to have a permit or in- become effective until the Surety(ies) re- terim status in order to own or operate each ceive(s) written authorization for termi- hazardous waste management facility identi- nation of the bond by the EPA Regional Ad- fied above, and ministrator(s) of the EPA Region(s) in which Whereas said Principal is required to pro- the bonded facility(ies) is (are) located. vide financial assurance for closure, or clo- [The following paragraph is an optional sure and post-closure care, as a condition of rider that may be included but is not re- the permit or interim status, and quired.] Whereas said Principal shall establish a Principal and Surety(ies) hereby agree to standby trust fund as is required when a sur- adjust the penal sum of the bond yearly so ety bond is used to provide such financial as- that it guarantees a new closure and/or post- surance; closure amount, provided that the penal sum Now, Therefore, the conditions of the obli- does not increase by more than 20 percent in gation are such that if the Principal shall any one year, and no decrease in the penal faithfully, before the beginning of final clo- sum takes place without the written permis- sure of each facility identified above, fund sion of the EPA Regional Administrator(s). the standby trust fund in the amount(s) identified above for the facility, In Witness Whereof, the Principal and Sur- Or, if the Principal shall fund the standby ety(ies) have executed this Financial Guar- trust fund in such amount(s) within 15 days antee Bond and have affixed their seals on after a final order to begin closure is issued the date set forth above. by an EPA Regional Administrator or a U.S. The persons whose signatures appear below district court or other court of competent ju- hereby certify that they are authorized to risdiction, execute this surety bond on behalf of the Or, if the Principal shall provide alternate Principal and Surety(ies) and that the word- financial assurance, as specified in subpart H ing of this surety bond is identical to the of 40 CFR part 264 or 265, as applicable, and wording specified in 40 CFR 264.151(b) as such obtain the EPA Regional Administrator’s regulations were constituted on the date this written approval of such assurance, within 90 bond was executed. days after the date notice of cancellation is received by both the Principal and the EPA Principal Regional Administrator(s) from the Sur- [Signature(s)] llllllllllllllll ety(ies), then this obligation shall be null [Name(s)] llllllllllllllllll and void; otherwise it is to remain in full force and effect. [Title(s)] llllllllllllllllll The Surety(ies) shall become liable on this [Corporate seal] lllllllllllllll bond obligation only when the Principal has failed to fulfill the conditions described Corporate Surety(ies) above. Upon notification by an EPA Re- gional Administrator that the Principal has [Name and address] lllllllllll failed to perform as guaranteed by this bond, State of incorporation:] the Surety(ies) shall place funds in the Liability limit: $ llllllllllllll amount guaranteed for the facility(ies) into [Signature(s)] the standby trust fund as directed by the [Name(s) and title(s)] EPA Regional Administrator. [Corporate seal] The liability of the Surety(ies) shall not be [For every co-surety, provide signature(s), discharged by any payment or succession of corporate seal, and other information in the payments hereunder, unless and until such same manner as for Surety above.] payment or payments shall amount in the Bond premium: $ llllllllllllll aggregate to the penal sum of the bond, but in no event shall the obligation of the Sur- (c) A surety bond guaranteeing per- ety(ies) hereunder exceed the amount of said formance of closure and/or post-closure penal sum. care, as specified in § 264.143(c) or The Surety(ies) may cancel the bond by sending notice of cancellation by certified § 264.145(c), must be worded as follows, mail to the Principal and to the EPA Re- except that the instructions in brack- gional Administrator(s) for the Region(s) in ets are to be replaced with the relevant which the facility(ies) is (are) located, pro- information and the brackets deleted:
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PERFORMANCE BOND care, in accordance with the post-closure plan and other requirements of the permit, Date bond executed: lllllllllllll as such plan and permit may be amended, Effective date: lllllllllllllll pursuant to all applicable laws, statutes, Principal: [legal name and business address rules, and regulations, as such laws, stat- of owner or operator] utes, rules, and regulations may be amended, Type of organization: [insert ‘‘individual,’’ Or, if the Principal shall provide alternate ‘‘joint venture,’’ ‘‘partnership,’’ or ‘‘corpora- financial assurance as specified in subpart H tion’’] of 40 CFR part 264, and obtain the EPA Re- State of incorporation: lllllllllll gional Administrator’s written approval of such assurance, within 90 days after the date Surety(ies): [name(s) and business ad- notice of cancellation is received by both the dress(es)] lllllllllllllllll Principal and the EPA Regional Admin- EPA Identification Number, name, address, istrator(s) from the Surety(ies), then this ob- and closure and/or post-closure amount(s) for ligation shall be null and void, otherwise it each facility guaranteed by this bond [indi- is to remain in full force and effect. cate closure and post-closure amounts sepa- The Surety(ies) shall become liable on this rately]:——— bond obligation only when the Principal has Total penal sum of bond: $ lllllllll failed to fulfill the conditions described Surety’s bond number: lllllllllll above. Know All Persons By These Presents, That Upon notification by an EPA Regional Ad- we, the Principal and Surety(ies) hereto are ministrator that the Principal has been firmly bound to the U.S. Environmental Pro- found in violation of the closure require- tection Agency (hereinafter called EPA), in ments of 40 CFR part 264, for a facility for the above penal sum for the payment of which this bond guarantees performance of which we bind ourselves, our heirs, execu- closure, the Surety(ies) shall either perform tors, administrators, successors, and assigns closure in accordance with the closure plan jointly and severally; provided that, where and other permit requirements or place the the Surety(ies) are corporations acting as co- closure amount guaranteed for the facility sureties, we, the Sureties, bind ourselves in into the standby trust fund as directed by such sum ‘‘jointly and severally’’ only for the the EPA Regional Administrator. purpose of allowing a joint action or actions Upon notification by an EPA Regional Ad- against any or all of us, and for all other pur- ministrator that the Principal has been poses each Surety binds itself, jointly and found in violation of the post-closure re- severally with the Principal, for the pay- quirements of 40 CFR part 264 for a facility ment of such sum only as is set forth oppo- for which this bond guarantees performance site the name of such Surety, but if no limit of post-closure care, the Surety(ies) shall ei- of liability is indicated, the limit of liability ther perform post-closure care in accordance shall be the full amount of the penal sum. with the post-closure plan and other permit Whereas said Principal is required, under requirements or place the post-closure the Resource Conservation and Recovery Act amount guaranteed for the facility into the as amended (RCRA), to have a permit in standby trust fund as directed by the EPA order to own or operate each hazardous Regional Administrator. waste management facility identified above, Upon notification by an EPA Regional Ad- and ministrator that the Principal has failed to Whereas said Principal is required to pro- provide alternate financial assurance as vide financial assurance for closure, or clo- specified in subpart H of 40 CFR part 264, and sure and post-closure care, as a condition of obtain written approval of such assurance the permit, and from the EPA Regional Administrator(s) Whereas said Principal shall establish a during the 90 days following receipt by both standby trust fund as is required when a sur- the Principal and the EPA Regional Admin- ety bond is used to provide such financial as- istrator(s) of a notice of cancellation of the surance; bond, the Surety(ies) shall place funds in the Now, Therefore, the conditions of this obli- amount guaranteed for the facility(ies) into gation are such that if the Principal shall the standby trust fund as directed by the faithfully perform closure, whenever re- EPA Regional Administrator. quired to do so, of each facility for which The surety(ies) hereby waive(s) notifica- this bond guarantees closure, in accordance tion of amendments to closure plans, per- with the closure plan and other requirements mits, applicable laws, statutes, rules, and of the permit as such plan and permit may regulations and agrees that no such amend- be amended, pursuant to all applicable laws, ment shall in any way alleviate its (their) statutes, rules, and regulations, as such obligation on this bond. laws, statutes, rules, and regulations may be The liability of the Surety(ies) shall not be amended, discharged by any payment or succession of And, if the Principal shall faithfully per- payments hereunder, unless and until such form post-closure care of each facility for payment or payments shall amount in the which this bond guarantees post-closure aggregate to the penal sum of the bond, but
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in no event shall the obligation of the Sur- (d) A letter of credit, as specified in ety(ies) hereunder exceed the amount of said § 264.143(d) or § 264.145(d) or § 265.143(c) or penal sum. § 265.145(c) of this chapter, must be The Surety(ies) may cancel the bond by worded as follows, except that instruc- sending notice of cancellation by certified tions in brackets are to be replaced mail to the owner or operator and to the EPA Regional Administrator(s) for the Re- with the relevant information and the gion(s) in which the facility(ies) is (are) lo- brackets deleted: cated, provided, however, that cancellation IRREVOCABLE STANDBY LETTER OF CREDIT shall not occur during the 120 days beginning on the date of receipt of the notice of can- Regional Administrator(s) cellation by both the Principal and the EPA Region(s) llllllllllllllllll Regional Administrator(s), as evidenced by U.S. Environmental Protection Agency the return receipts. Dear Sir or Madam: We hereby establish The principal may terminate this bond by our Irrevocable Standby Letter of Credit No. sending written notice to the Surety(ies), lll in your favor, at the request and for provided, however, that no such notice shall the account of [owner’s or operator’s name become effective until the Surety(ies) re- and address] up to the aggregate amount of ceive(s) written authorization for termi- [in words] U.S. dollars $lll, available upon nation of the bond by the EPA Regional Ad- presentation [insert, if more than one Re- ministrator(s) of the EPA Region(s) in which gional Administrator is a beneficiary, ‘‘by the bonded facility(ies) is (are) located. any one of you’’] of [The following paragraph is an optional (1) your sight draft, bearing reference to rider that may be included but is not re- this letter of credit No. lll, and quired.] (2) your signed statement reading as fol- Principal and Surety(ies) hereby agree to lows: ‘‘I certify that the amount of the draft adjust the penal sum of the bond yearly so is payable pursuant to regulations issued that it guarantees a new closure and/or post- under authority of the Resource Conserva- closure amount, provided that the penal sum tion and Recovery Act of 1976 as amended.’’ does not increase by more than 20 percent in This letter of credit is effective as of [date] any one year, and no decrease in the penal and shall expire on [date at least 1 year sum takes place without the written permis- later], but such expiration date shall be sion of the EPA Regional Administrator(s). automatically extended for a period of [at In Witness Whereof, The Principal and Sur- least 1 year] on [date] and on each successive ety(ies) have executed this Performance expiration date, unless, at least 120 days be- Bond and have affixed their seals on the date fore the current expiration date, we notify set forth above. both you and [owner’s or operator’s name] by The persons whose signatures appear below certified mail that we have decided not to hereby certify that they are authorized to extend this letter of credit beyond the cur- execute this surety bond on behalf of the rent expiration date. In the event you are so Principal and Surety(ies) and that the word- notified, any unused portion of the credit ing of this surety bond is identical to the shall be available upon presentation of your wording specified in 40 CFR 264.151(c) as such sight draft for 120 days after the date of re- regulation was constituted on the date this ceipt by both you and [owner’s or operator’s bond was executed. name], as shown on the signed return re- ceipts. Principal Whenever this letter of credit is drawn on under and in compliance with the terms of [Signature(s)] this credit, we shall duly honor such draft [Name(s)] upon presentation to us, and we shall deposit [Title(s)] the amount of the draft directly into the standby trust fund of [owner’s or operator’s [Corporate seal] name] in accordance with your instructions. Corporate Surety(ies) We certify that the wording of this letter of credit is identical to the wording specified [Name and address] in 40 CFR 264.151(d) as such regulations were State of incorporation: lllllllllll constituted on the date shown immediately Liability limit: $ llllllllllllll below. [Signature(s)] [Signature(s) and title(s) of official(s) of [Name(s) and title(s)] issuing institution] [Date] This credit is subject to [insert the most [Corporate seal] ‘‘ recent edition of the Uniform Customs and [For every co-surety, provide signature(s), Practice for Documentary Credits, published corporate seal, and other information in the and copyrighted by the International Cham- same manner as for Surety above.] ber of Commerce,’’ or ‘‘the Uniform Commer- Bond premium: $ llllllllllllll cial Code’’].
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(e) A certificate of insurance, as spec- LETTER FROM CHIEF FINANCIAL OFFICER ified in § 264.143(e) or § 264.145(e) or [Address to Regional Administrator of every § 265.143(d) or § 265.145(d) of this chapter, Region in which facilities for which financial must be worded as follows, except that responsibility is to be demonstrated through instructions in brackets are to be re- the financial test are located]. placed with the relevant information I am the chief financial officer of [name and the brackets deleted: and address of firm]. This letter is in support of this firm’s use of the financial test to CERTIFICATE OF INSURANCE FOR demonstrate financial assurance for closure and/or post-closure costs, as specified in sub- CLOSURE OR POST-CLOSURE CARE part H of 40 CFR parts 264 and 265. [Fill out the following five paragraphs re- Name and Address of Insurer garding facilities and associated cost esti- (herein called the Insurer ): llllllll ‘‘ ’’ mates. If your firm has no facilities that be- Name and Address of Insured long in a particular paragraph, write ‘‘None’’ llllllll (herein called the ‘‘Insured’’): in the space indicated. For each facility, in- Facilities Covered: [List for each facility: clude its EPA Identification Number, name, The EPA Identification Number, name, ad- address, and current closure and/or post-clo- dress, and the amount of insurance for clo- sure cost estimates. Identify each cost esti- sure and/or the amount for post-closure mate as to whether it is for closure or post- care (these amounts for all facilities cov- closure care]. ered must total the face amount shown 1. This firm is the owner or operator of the below).] following facilities for which financial assur- Face Amount: lllllllllllllll ance for closure or post-closure care is dem- llllllllllllll Policy Number: onstrated through the financial test speci- lllllllllllllll Effective Date: fied in subpart H of 40 CFR parts 264 and 265. The Insurer hereby certifies that it has The current closure and/or post-closure cost issued to the Insured the policy of insurance estimates covered by the test are shown for identified above to provide financial assur- each facility: llll. ance for [insert ‘‘closure’’ or ‘‘closure and 2. This firm guarantees, through the guar- post-closure care’’ or ‘‘post-closure care’’] for antee specified in subpart H of 40 CFR parts the facilities identified above. The Insurer 264 and 265, the closure or post-closure care further warrants that such policy conforms of the following facilities owned or operated in all respects with the requirements of 40 by the guaranteed party. The current cost CFR 264.143(e), 264.145(e), 265.143(d), and estimates for the closure or post-closure care 265.145(d), as applicable and as such regula- so guaranteed are shown for each facility: tions were constituted on the date shown im- llll. The firm identified above is [insert mediately below. It is agreed that any provi- one or more: (1) The direct or higher-tier sion of the policy inconsistent with such reg- parent corporation of the owner or operator; ulations is hereby amended to eliminate (2) owned by the same parent corporation as such inconsistency. the parent corporation of the owner or oper- Whenever requested by the EPA Regional ator, and receiving the following value in Administrator(s) of the U.S. Environmental consideration of this guarantee llll; or Protection Agency, the Insurer agrees to fur- (3) engaged in the following substantial busi- nish to the EPA Regional Administrator(s) a ness relationship with the owner or operator duplicate original of the policy listed above, llll, and receiving the following value in including all endorsements thereon. consideration of this guarantee llll]. I hereby certify that the wording of this [Attach a written description of the business certificate is identical to the wording speci- relationship or a copy of the contract estab- fied in 40 CFR 264.151(e) as such regulations lishing such relationship to this letter]. were constituted on the date shown imme- 3. In States where EPA is not admin- diately below. istering the financial requirements of sub- [Authorized signature for Insurer] part H of 40 CFR part 264 or 265, this firm, as [Name of person signing] owner or operator or guarantor, is dem- [Title of person signing] onstrating financial assurance for the clo- sure or post-closure care of the following fa- Signature of witness or notary: llllll cilities through the use of a test equivalent [Date] or substantially equivalent to the financial (f) A letter from the chief financial test specified in subpart H of 40 CFR parts officer, as specified in § 264.143(f) or 264 and 265. The current closure and/or post- 264.145(f), or § 265.143(e) or 265.143(e) of closure cost estimates covered by such a test are shown for each facility: llll. this chapter, must be worded as fol- 4. This firm is the owner or operator of the lows, except that instructions in brack- following hazardous waste management fa- ets are to be replaced with the relevant cilities for which financial assurance for clo- information and the brackets deleted: sure or, if a disposal facility, post-closure
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care, is not demonstrated either to EPA or a 15. Is line 2 divided by line 4 less than 2.0? State through the financial test or any other (Yes/No) llll financial assurance mechanism specified in 16. Is line 8 divided by line 2 greater than subpart H of 40 CFR parts 264 and 265 or 0.1? (Yes/No) llll equivalent or substantially equivalent State 17. Is line 5 divided by line 6 greater than mechanisms. The current closure and/or 1.5? (Yes/No) llll post-closure cost estimates not covered by such financial assurance are shown for each ALTERNATIVE II facility: llll. 1. Sum of current closure and post-closure 5. This firm is the owner or operator of the cost estimates [total of all cost estimates following UIC facilities for which financial shown in the five paragraphs above] $llll assurance for plugging and abandonment is 2. Current bond rating of most recent required under part 144. The current closure issuance of this firm and name of rating cost estimates as required by 40 CFR 144.62 service llll are shown for each facility: llll. 3. Date of issuance of bond llll This firm [insert ‘‘is required’’ or ‘‘is not re- 4. Date of maturity of bond llll quired’’] to file a Form 10K with the Securi- *5. Tangible net worth [if any portion of ties and Exchange Commission (SEC) for the the closure and post-closure cost estimates latest fiscal year. is included in ‘‘total liabilities’’ on your The fiscal year of this firm ends on firm’s financial statements, you may add the [month, day]. The figures for the following amount of that portion to this line] $llll items marked with an asterisk are derived *6. Total assets in U.S. (required only if from this firm’s independently audited, year- less than 90% of firm’s assets are located in end financial statements for the latest com- the U.S.) $llll pleted fiscal year, ended [date]. 7. Is line 5 at least $10 million ? (Yes/No) llll [Fill in Alternative I if the criteria of para- 8. Is line 5 at least 6 times line 1? (Yes/No) graph (f)(1)(i) of § 264.143 or § 264.145, or of llll paragraph (e)(1)(i) of § 265.143 or § 265.145 of *9. Are at least 90% of firm’s assets located this chapter are used. Fill in Alternative II if in the U.S.? If not, complete line 10 (Yes/No) the criteria of paragraph (f)(1)(ii) of § 264.143 llll or § 264.145, or of paragraph (e)(1)(ii) of 10. Is line 6 at least 6 times line 1? (Yes/No) § 265.143 or § 265.145 of this chapter are used.] llll ALTERNATIVE I I hereby certify that the wording of this letter is identical to the wording specified in 1. Sum of current closure and post-closure 40 CFR 264.151(f) as such regulations were cost estimate [total of all cost estimates constituted on the date shown immediately shown in the five paragraphs above] $llll below. *2. Total liabilities [if any portion of the [Signature] lllllllllllllllll closure or post-closure cost estimates is in- [Name] lllllllllllllllllll cluded in total liabilities, you may deduct the amount of that portion from this line [Title] llllllllllllllllllll and add that amount to lines 3 and [Date] llllllllllllllllllll 4]$llll (g) A letter from the chief financial *3. Tangible net worth $llll *4. Net worth $llll officer, as specified in § 264.147(f) or *5. Current assets $llll § 265.147(f) of this chapter, must be *6. Current liabilities $llll worded as follows, except that instruc- 7. Net working capital [line 5 minus line 6] tions in brackets are to be replaced $llll with the relevant information and the *8. The sum of net income plus deprecia- brackets deleted. tion, depletion, and amortization $llll *9. Total assets in U.S. (required only if LETTER FROM CHIEF FINANCIAL OFFICER less than 90% of firm’s assets are located in [Address to Regional Administrator of the U.S.) $llll every Region in which facilities for which fi- 10. Is line 3 at least $10 million? (Yes/No) nancial responsibility is to be demonstrated llll through the financial test are located]. 11. Is line 3 at least 6 times line 1? (Yes/No) I am the chief financial officer of [firm’s llll name and address]. This letter is in support 12. Is line 7 at least 6 times line 1? (Yes/No) of the use of the financial test to dem- llll onstrate financial responsibility for liability *13. Are at least 90% of firm’s assets lo- coverage [insert ‘‘and closure and/or post-clo- cated in the U.S.? If not, complete line 14 sure care’’ if applicable] as specified in sub- (Yes/No) llll part H of 40 CFR parts 264 and 265. 14. Is line 9 at least 6 times line 1? (Yes/No) [Fill out the following paragraphs regard- llll ing facilities and liability coverage. If there
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are no facilities that belong in a particular is demonstrating financial assurance for the paragraph, write ‘‘None’’ in the space indi- closure or post-closure care of the following cated. For each facility, include its EPA facilities through the use of a test equivalent Identification Number, name, and address]. or substantially equivalent to the financial The firm identified above is the owner or test specified in subpart H or 40 CFR parts operator of the following facilities for which 264 and 265. The current closure or post-clo- liability coverage for [insert ‘‘sudden’’ or sure cost estimates covered by such a test ‘‘nonsudden’’ or ‘‘both sudden and nonsudden’’] are shown for each facility: llll. accidental occurrences is being dem- 4. The firm identified above owns or oper- onstrated through the financial test speci- ates the following hazardous waste manage- fied in subpart H of 40 CFR parts 264 and ment facilities for which financial assurance llll 265: for closure or, if a disposal facility, post-clo- The firm identified above guarantees, sure care, is not demonstrated either to EPA through the guarantee specified in subpart H or a State through the financial test or any of 40 CFR parts 264 and 265, liability coverage other financial assurance mechanisms speci- for [insert ‘‘sudden’’ or ‘‘nonsudden’’ of ‘‘both fied in subpart H of 40 CFR parts 264 and 265 sudden and nonsudden’’] accidental occur- or equivalent or substantially equivalent rences at the following facilities owned or State mechanisms. The current closure and/ operated by the following: llll. The firm identified above is [insert one or more: (1) or post-closure cost estimates not covered by The direct or higher-tier parent corporation such financial assurance are shown for each llll of the owner or operator; (2) owned by the facility: . same parent corporation as the parent cor- 5. This firm is the owner or operator or poration of the owner or operator, and re- guarantor of the following UIC facilities for ceiving the following value in consideration which financial assurance for plugging and of this guarantee llll; or (3) engaged in abandonment is required under part 144 and the following substantial business relation- is assured through a financial test. The cur- ship with the owner or operator llll, and rent closure cost estimates as required by 40 receiving the following value in consider- CFR 144.62 are shown for each ation of this guarantee llll]. [Attach a facility:llll. written description of the business relation- This firm [insert ‘‘is required’’ or ‘‘is not re- ship or a copy of the contract establishing quired’’] to file a Form 10K with the Securi- such relationship to this letter.] ties and Exchange Commission (SEC) for the [If you are using the financial test to dem- latest fiscal year. onstrate coverage of both liability and clo- The fiscal year of this firm ends on sure and post-closure care, fill in the fol- [month, day]. The figures for the following lowing five paragraphs regarding facilities items marked with an asterisk are derived and associated closure and post-closure cost from this firm’s independently audited, year- estimates. If there are no facilities that be- end financial statements for the latest com- long in a particular paragraph, write ‘‘None’’ pleted fiscal year, ended [date]. in the space indicated. For each facility, in- clude its EPA identification number, name, Part A. Liability Coverage for Accidental address, and current closure and/or post-clo- Occurrences sure cost estimates. Identify each cost esti- mate as to whether it is for closure or post- [Fill in Alternative I if the criteria of para- closure care.] graph (f)(1)(i) of § 264.147 or § 265.147 are used. 1. The firm identified above owns or oper- Fill in Alternative II if the criteria of para- ates the following facilities for which finan- graph (f)(1)(ii) of § 264.147 or § 265.147 are cial assurance for closure or post-closure used.] care or liability coverage is demonstrated ALTERNATIVE I through the financial test specified in sub- part H of 40 CFR parts 264 and 265. The cur- 1. Amount of annual aggregate liability rent closure and/or post-closure cost esti- coverage to be demonstrated $ llll. mate covered by the test are shown for each *2. Current assets $ llll. llll facility: . *3. Current $ llll. 2. The firm identified above guarantees, 4. Net working capital (line 2 minus line 3) through the guarantee specified in subpart H $ llll. of 40 CFR parts 264 and 265, the closure and llll post-closure care or liability coverage of the *5. Tangible net worth $ . following facilities owned or operated by the *6. If less than 90% of assets are located in llll guaranteed party. The current cost esti- the U.S., give total U.S. assets $ . mates for closure or post-closure care so 7. Is line 5 at least $10 million? (Yes/No) guaranteed are shown for each facility: llll. llll. 8. Is line 4 at least 6 times line 1? (Yes/No) 3. In States where EPA is not admin- llll. istering the financial requirements of sub- 9. Is line 5 at least 6 times line 1? (Yes/No) part H of 40 CFR parts 264 and 265, this firm llll.
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*10. Are at least 90% of assets located in *11. Total assets in U.S. (required only if the U.S.? (Yes/No) llll. If not, complete less than 90% of assets are located in the line 11. U.S.) $ llll 11. Is line 6 at least 6 times line 1? (Yes/No) 12. Is line 5 at least $10 million? (Yes/No) llll. 13. Is line 5 at least 6 times line 3? (Yes/No) 14. Is line 9 at least 6 times line 3? (Yes/No) ALTERNATIVE II *15. Are at least 90% of assets located in the U.S.? (Yes/No) If, not, complete line 16. 1. Amount of annual aggregate liability 16. Is line 11 at least 6 times line 3? (Yes/ coverage to be demonstrated $ llll. No) 2. Current bond rating of most recent 17. Is line 4 divided by line 6 less than 2.0? llll issuance and name of rating service (Yes/No) llll . 18. Is line 10 divided by line 4 greater than 3. Date of issuance of bond llll llll. 0.1? (Yes/No) 4. Date of maturity of bond llll 19. Is line 7 divided by line 8 greater than llll. 1.5? (Yes/No) *5. Tangible net worth $ llll. *6. Total assets in U.S. (required only if ALTERNATIVE II less than 90% of assets are located in the 1. Sum of current closure and post-closure U.S.) $ llll. cost estimates (total of all cost estimates 7. Is line 5 at least $10 million? (Yes/No) listed above) $ llll llll. 2. Amount of annual aggregate liability 8. Is line 5 at least 6 times line 1? llll. coverage to be demonstrated $ llll 9. Are at least 90% of assets located in the 3. Sum of lines 1 and 2 $ llll U.S.? If not, complete line 10. (Yes/No) 4. Current bond rating of most recent llll. issuance and name of rating service llll 10. Is line 6 at least 6 times line 1? llll. llll [Fill in part B if you are using the finan- 5. Date of issuance of bond llll llll cial test to demonstrate assurance of both li- 6. Date of maturity of bond llll ability coverage and closure or post-closure llll care.] *7. Tangible net worth (if any portion of the closure or post-closure cost estimates is Part B. Closure or Post-Closure Care and included in ‘‘total liabilities’’ on your finan- Liability Coverage cial statements you may add that portion to this line) llll $ llll [Fill in Alternative I if the criteria of para- *8. Total assets in the U.S. (required only graphs (f)(1)(i) of § 264.143 or § 264.145 and if less than 90% of assets are located in the (f)(1)(i) of § 264.147 are used or if the criteria U.S.) $ llll of paragraphs (e)(1)(i) of § 265.143 or § 265.145 9. Is line 7 at least $10 million? (Yes/No) and (f)(1)(i) of § 265.147 are used. Fill in Alter- 10. Is line 7 at least 6 times line 3? (Yes/No) native II if the criteria of paragraphs *11. Are at least 90% of assets located in (f)(1)(ii) of § 264.143 or § 264.145 and (f)(1)(ii) of the U.S.? (Yes/No) If not complete line 12. § 264.147 are used or if the criteria of para- 12. Is line 8 at least 6 times line 3? (Yes/No) graphs (e)(1)(i) of § 265.143 or § 265.145 and I hereby certify that the wording of this (f)(1)(ii) of § 265.147 are used.] letter is identical to the wording specified in 40 CFR 264.151(g) as such regulations were ALTERNATIVE I constituted on the date shown immediately 1. Sum of current closure and post-closure below. cost estimates (total of all cost estimates [Signature] lllllllllllllllll listed above) $ llll [Name] lllllllllllllllllll 2. Amount of annual aggregate liability llllllllllllllllllll coverage to be demonstrated $ llll [Title] 3. Sum of lines 1 and 2 $ llll [Date] llllllllllllllllllll *4. Total liabilities (if any portion of your (h)(1) A corporate guarantee, as spec- closure or post-closure cost estimates is in- ified in § 264.143(f) or § 264.145(f), or cluded in your total liabilities, you may de- duct that portion from this line and add that § 265.143(e) or § 265.145(e) of this chapter, amount to lines 5 and 6) $ llll must be worded as follows, except that *5. Tangible net worth $ llll instructions in brackets are to be re- *6. Net worth $ llll placed with the relevant information *7. Current assets $ llll and the brackets deleted: *8. Current liabilities $ llll 9. Net working capital (line 7 minus line 8) CORPORATE GUARANTEE FOR CLOSURE OR $ llll POST-CLOSURE CARE 10. The sum of net income plus deprecia- Guarantee made this [date] by [name of tion, depletion, and amortization $llll guaranteeing entity], a business corporation
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organized under the laws of the State of [in- guarantor as debtor, within 10 days after sert name of State], herein referred to as commencement of the proceeding. guarantor. This guarantee is made on behalf 7. Guarantor agrees that within 30 days of the [owner or operator] of [business ad- after being notified by an EPA Regional Ad- dress], which is [one of the following: ‘‘our ministrator of a determination that guar- subsidiary’’; ‘‘a subsidiary of [name and ad- antor no longer meets the financial test cri- dress of common parent corporation], of teria or that he is disallowed from con- which guarantor is a subsidiary’’; or ‘‘an enti- tinuing as a guarantor of closure or post-clo- ty with which guarantor has a substantial sure care, he shall establish alternate finan- business relationship, as defined in 40 CFR cial assurance as specified in subpart H of 40 [either 264.141(h) or 265.141(h)]’’ to the United CFR part 264 or 265, as applicable, in the States Environmental Protection Agency name of [owner or operator] unless [owner or (EPA). operator] has done so. 8. Guarantor agrees to remain bound under RECITALS this guarantee notwithstanding any or all of 1. Guarantor meets or exceeds the financial the following: amendment or modification of test criteria and agrees to comply with the the closure or post-closure plan, amendment reporting requirements for guarantors as or modification of the permit, the extension specified in 40 CFR 264.143(f), 264.145(f), or reduction of the time of performance of 265.143(e), and 265.145(e). closure or post-closure, or any other modi- 2. [Owner or operator] owns or operates the fication or alteration of an obligation of the following hazardous waste management fa- owner or operator pursuant to 40 CFR part cility(ies) covered by this guarantee: [List 264 or 265. for each facility: EPA Identification Num- 9. Guarantor agrees to remain bound under ber, name, and address. Indicate for each this guarantee for as long as [owner or oper- whether guarantee is for closure, post-clo- ator] must comply with the applicable finan- sure care, or both.] cial assurance requirements of subpart H of 3. ‘‘Closure plans’’ and ‘‘post-closure plans’’ 40 CFR parts 264 and 265 for the above-listed as used below refer to the plans maintained facilities, except as provided in paragraph 10 as required by subpart G of 40 CFR parts 264 of this agreement. and 265 for the closure and post-closure care 10. [Insert the following language if the of facilities as identified above. guarantor is (a) a direct or higher-tier cor- 4. For value received from [owner or oper- porate parent, or (b) a firm whose parent cor- ator], guarantor guarantees to EPA that in poration is also the parent corporation of the the event that [owner or operator] fails to owner or operator]: perform [insert ‘‘closure,’’ ‘‘post-closure care’’ Guarantor may terminate this guarantee or ‘‘closure and post-closure care’’] of the by sending notice by certified mail to the above facility(ies) in accordance with the EPA Regional Administrator(s) for the Re- closure or post-closure plans and other per- gion(s) in which the facility(ies) is(are) lo- mit or interim status requirements whenever cated and to [owner or operator], provided required to do so, the guarantor shall do so that this guarantee may not be terminated or establish a trust fund as specified in sub- unless and until [the owner or operator] ob- part H of 40 CFR part 264 or 265, as applica- tains, and the EPA Regional Adminis- ble, in the name of [owner or operator] in the trator(s) approve(s), alternate closure and/or amount of the current closure or post-clo- post-closure care coverage complying with 40 sure cost estimates as specified in subpart H CFR 264.143, 264.145, 265.143, and/or 265.145. of 40 CFR parts 264 and 265. 5. Guarantor agrees that if, at the end of [Insert the following language if the guar- any fiscal year before termination of this antor is a firm qualifying as a guarantor due guarantee, the guarantor fails to meet the fi- to its ‘‘substantial business relationship’’ nancial test criteria, guarantor shall send with its owner or operator] within 90 days, by certified mail, notice to Guarantor may terminate this guarantee the EPA Regional Administrator(s) for the 120 days following the receipt of notification, Region(s) in which the facility(ies) is(are) lo- through certified mail, by the EPA Regional cated and to [owner or operator] that he in- Administrator(s) for the Region(s) in which tends to provide alternate financial assur- the facility(ies) is(are) located and by [the ance as specified in subpart H of 40 CFR part owner or operator]. 264 or 265, as applicable, in the name of 11. Guarantor agrees that if [owner or oper- [owner or operator]. Within 120 days after ator] fails to provide alternate financial as- the end of such fiscal year, the guarantor surance as specified in subpart H of 40 CFR shall establish such financial assurance un- part 264 or 265, as applicable, and obtain less [owner or operator] has done so. written approval of such assurance from the 6. The guarantor agrees to notify the EPA EPA Regional Administrator(s) within 90 Regional Administrator by certified mail, of days after a notice of cancellation by the a voluntary or involuntary proceeding under guarantor is received by an EPA Regional Title 11 (Bankruptcy), U.S. Code, naming Administrator from guarantor, guarantor
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shall provide such alternate financial assur- istered agent in each State.] This corporate ance in the name of [owner or operator]. guarantee satisfies RCRA third-party liabil- 12. Guarantor expressly waives notice of ity requirements for [insert ‘‘sudden’’ or acceptance of this guarantee by the EPA or ‘‘nonsudden’’ or ‘‘both sudden and nonsudden’’] by [owner or operator]. Guarantor also ex- accidental occurrences in above-named pressly waives notice of amendments or owner or operator facilities for coverage in modifications of the closure and/or post-clo- the amount of [insert dollar amount] for sure plan and of amendments or modifica- each occurrence and [insert dollar amount] tions of the facility permit(s). annual aggregate. I hereby certify that the wording of this 3. For value received from [owner or oper- guarantee is identical to the wording speci- ator], guarantor guarantees to any and all fied in 40 CFR 264.151(h) as such regulations third parties who have sustained or may sus- were constituted on the date first above tain bodily injury or property damage caused written. by [sudden and/or nonsudden] accidental oc- Effective date: lllllllllllllll currences arising from operations of the fa- [Name of guarantor] llllllllllll cility(ies) covered by this guarantee that in [Authorized signature for guarantor] llll the event that [owner or operator] fails to [Name of person signing] llllllllll satisfy a judgment or award based on a de- termination of liability for bodily injury or llllllllll [Title of person signing] property damage to third parties caused by Signature of witness or notary: lllllll [sudden and/or nonsudden] accidental occur- (2) A guarantee, as specified in § 264.147(g) rences, arising from the operation of the or § 265.147(g) of this chapter, must be worded above-named facilities, or fails to pay an as follows, except that instructions in brack- amount agreed to in settlement of a claim ets are to be replaced with the relevant in- arising from or alleged to arise from such in- formation and the brackets deleted: jury or damage, the guarantor will satisfy such judgment(s), award(s) or settlement GUARANTEE FOR LIABILITY COVERAGE agreement(s) up to the limits of coverage identified above. Guarantee made this [date] by [name of 4. Such obligation does not apply to any of guaranteeing entity], a business corporation organized under the laws of [if incorporated the following: within the United States insert ‘‘the State of (a) Bodily injury or property damage for llll’’ and insert name of State; if incor- which [insert owner or operator] is obligated porated outside the United States insert the to pay damages by reason of the assumption name of the country in which incorporated, of liability in a contract or agreement. This the principal place of business within the exclusion does not apply to liability for dam- United States, and the name and address of ages that [insert owner or operator] would be the registered agent in the State of the prin- obligated to pay in the absence of the con- cipal place of business], herein referred to as tract or agreement. guarantor. This guarantee is made on behalf (b) Any obligation of [insert owner or oper- of [owner or operator] of [business address], ator] under a workers’ compensation, dis- which is one of the following: ‘‘our sub- ability benefits, or unemployment com- sidiary;’’ ‘‘a subsidiary of [name and address pensation law or any similar law. of common parent corporation], or which (c) Bodily injury to: guarantor is a subsidiary;’’ or ‘‘an entity with (1) An employee of [insert owner or oper- which guarantor has a substantial business ator] arising from, and in the course of, em- relationship, as defined in 40 CFR [either ployment by [insert owner or operator]; or 264.141(h)]’’, to any and all third parties who (2) The spouse, child, parent, brother, or have sustained or may sustain bodily injury sister of that employee as a consequence of, or property damage caused by [sudden and/or or arising from, and in the course of employ- nonsudden] accidental occurrences arising ment by [insert owner or operator]. This ex- from operation of the facility(ies) covered by clusion applies: this guarantee. (A) Whether [insert owner or operator] may be liable as an employer or in any other RECITALS capacity; and 1. Guarantor meets or exceeds the financial (B) To any obligation to share damages test criteria and agrees to comply with the with or repay another person who must pay reporting requirements for guarantors as damages because of the injury to persons specified in 40 CFR 264.147(g) and 265.147(g). identified in paragraphs (1) and (2). 2. [Owner or operator] owns or operates the (d) Bodily injury or property damage aris- following hazardous waste management fa- ing out of the ownership, maintenance, use, cility(ies) covered by this guarantee: [List or entrustment to others of any aircraft, for each facility: EPA identification number, motor vehicle or watercraft. name, and address; and if guarantor is incor- (e) Property damage to: porated outside the United States list the (1) Any property owned, rented, or occu- name and address of the guarantor’s reg- pied by [insert owner or operator];
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(2) Premises that are sold, given away or Guarantor may terminate this guarantee abandoned by [insert owner or operator] if by sending notice by certified mail to the the property damage arises out of any part EPA Regional Administrator(s) for the Re- of those premises; gion(s) in which the facility(ies) is(are) lo- (3) Property loaned to [insert owner or op- cated and to [owner or operator], provided erator]; that this guarantee may not be terminated (4) Personal property in the care, custody unless and until [the owner or operator] ob- or control of [insert owner or operator]; tains, and the EPA Regional Adminis- (5) That particular part of real property on trator(s) approve(s), alternate liability cov- which [insert owner or operator] or any con- erage complying with 40 CFR 264.147 and/or tractors or subcontractors working directly 265.147. or indirectly on behalf of [insert owner or op- [Insert the following language if the guar- erator] are performing operations, if the antor is a firm qualifying as a guarantor due property damage arises out of these oper- to its ‘‘substantial business relationship’’ ations. with the owner or operator]: 5. Guarantor agrees that if, at the end of Guarantor may terminate this guarantee any fiscal year before termination of this 120 days following receipt of notification, guarantee, the guarantor fails to meet the fi- through certified mail, by the EPA Regional nancial test criteria, guarantor shall send Administrator(s) for the Region(s) in which within 90 days, by certified mail, notice to the facility(ies) is(are) located and by [the the EPA Regional Administrator[s] for the owner or operator]. Region[s] in which the facility[ies] is[are] lo- 11. Guarantor hereby expressly waives no- cated and to [owner or operator] that he in- tice of acceptance of this guarantee by any tends to provide alternate liability coverage party. as specified in 40 CFR 264.147 and 265.147, as 12. Guarantor agrees that this guarantee is applicable, in the name of [owner or oper- in addition to and does not affect any other ator]. Within 120 days after the end of such responsibility or liability of the guarantor fiscal year, the guarantor shall establish with respect to the covered facilities. such liability coverage unless [owner or op- 13. The Guarantor shall satisfy a third- erator] has done so. party liability claim only on receipt of one 6. The guarantor agrees to notify the EPA of the following documents: Regional Administrator by certified mail of (a) Certification from the Principal and a voluntary or involuntary proceeding under the third-party claimant(s) that the liability title 11 (Bankruptcy), U.S. Code, naming claim should be paid. The certification must guarantor as debtor, within 10 days after be worded as follows, except that instruc- commencement of the proceeding. tions in brackets are to be replaced with the 7. Guarantor agrees that within 30 days relevant information and the brackets de- after being notified by an EPA Regional Ad- leted: ministrator of a determination that guar- antor no longer meets the financial test cri- CERTIFICATION OF VALID CLAIM teria or that he is disallowed from con- The undersigned, as parties [insert Prin- tinuing as a guarantor, he shall establish al- cipal] and [insert name and address of third- ternate liability coverage as specified in 40 party claimant(s)], hereby certify that the CFR 264.147 or 265.147 in the name of [owner claim of bodily injury and/or property dam- or operator], unless [owner or operator] has age caused by a [sudden or nonsudden] acci- done so. dental occurrence arising from operating 8. Guarantor reserves the right to modify [Principal’s hazardous waste treatment, this agreement to take into account amend- storage, or disposal facility should be paid in ment or modification of the liability require- the amount of $ . ments set by 40 CFR 264.147 and 265.147, pro- [Signatures] lllllllllllllllll vided that such modification shall become effective only if a Regional Administrator Principal llllllllllllllllll does not disapprove the modification within (Notary) Date llllllllllllllll 30 days of receipt of notification of the modi- [Signatures] lllllllllllllllll fication. Claimant(s) lllllllllllllllll 9. Guarantor agrees to remain bound under this guarantee for so long as [owner or oper- (Notary) Date llllllllllllllll ator] must comply with the applicable re- (b) A valid final court order establishing a quirements of 40 CFR 264.147 and 265.147 for judgment against the Principal for bodily in- the above-listed facility(ies), except as pro- jury or property damage caused by sudden or vided in paragraph 10 of this agreement. nonsudden accidental occurrences arising 10. [Insert the following language if the from the operation of the Principal’s facility guarantor is (a) a direct or higher-tier cor- or group of facilities. porate parent, or (b) a firm whose parent cor- 14. In the event of combination of this poration is also the parent corporation of the guarantee with another mechanism to meet owner or operator]: liability requirements, this guarantee will be
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considered [insert ‘‘primary’’ or ‘‘excess’’] cov- (c) Whenever requested by a Regional Ad- erage. ministrator of the U.S. Environmental Pro- I hereby certify that the wording of the tection Agency (EPA), the Insurer agrees to guarantee is identical to the wording speci- furnish to the Regional Administrator a fied in 40 CFR 264.151(h)(2) as such regula- signed duplicate original of the policy and tions were constituted on the date shown im- all endorsements. mediately below. (d) Cancellation of this endorsement, Effective date: lllllllllllllll whether by the Insurer, the insured, a parent corporation providing insurance coverage for llllllllllll [Name of guarantor] its subsidiary, or by a firm having an insur- [Authorized signature for guarantor] llll able interest in and obtaining liability insur- [Name of person signing] llllllllll ance on behalf of the owner or operator of the hazardous waste management facility, [Title of person signing] llllllllll will be effective only upon written notice Signature of witness of notary: lllllll and only after the expiration of 60 days after (i) A hazardous waste facility liabil- a copy of such written notice is received by ity endorsement as required in § 264.147 the Regional Administrator(s) of the EPA or § 265.147 must be worded as follows, Region(s) in which the facility(ies) is(are) lo- except that instructions in brackets cated. (e) Any other termination of this endorse- are to be replaced with the relevant in- ment will be effective only upon written no- formation and the brackets deleted: tice and only after the expiration of thirty (30) days after a copy of such written notice HAZARDOUS WASTE FACILITY LIABILITY is received by the Regional Administrator(s) ENDORSEMENT of the EPA Region(s) in which the facil- ity(ies) is (are) located. 1. This endorsement certifies that the pol- Attached to and forming part of policy No. icy to which the endorsement is attached lll issued by [name of Insurer], herein provides liability insurance covering bodily called the Insurer, of [address of Insurer] to injury and property damage in connection [name of insured] of [address] this ll day of with the insured’s obligation to demonstrate lll, 19l. The effective date of said policy financial responsibility under 40 CFR 264.147 is ll day of lll, 19l. or 265.147. The coverage applies at [list EPA I hereby certify that the wording of this Identification Number, name, and address for endorsement is identical to the wording each facility] for [insert ‘‘sudden accidental specified in 40 CFR 264.151(i) as such regula- occurrences,’’ ‘‘nonsudden accidental occur- tion was constituted on the date first above rences,’’ or ‘‘sudden and nonsudden accidental written, and that the Insurer is licensed to occurrences’’; if coverage is for multiple fa- transact the business of insurance, or eligi- cilities and the coverage is different for dif- ble to provide insurance as an excess or sur- ferent facilities, indicate which facilities are plus lines insurer, in one or more States. insured for sudden accidental occurrences, [Signature of Authorized Representative of which are insured for nonsudden accidental Insurer] occurrences, and which are insured for both]. [Type name] The limits of liability are [insert the dollar [Title], Authorized Representive of [name of amount of the ‘‘each occurrence’’ and ‘‘annual Insurer] aggregate’’ limits of the Insurer’s liability], [Address of Representative] exclusive of legal defense costs. 2. The insurance afforded with respect to (j) A certificate of liability insurance such occurrences is subject to all of the as required in § 264.147 or § 265.147 must terms and conditions of the policy; provided, be worded as follows, except that the however, that any provisions of the policy instructions in brackets are to be re- inconsistent with subsections (a) through (e) of this Paragraph 2 are hereby amended to placed with the relevant information conform with subsections (a) through (e): and the brackets deleted: (a) Bankruptcy or insolvency of the in- HAZARDOUS WASTE FACILITY CERTIFICATE OF sured shall not relieve the Insurer of its obli- LIABILITY INSURANCE gations under the policy to which this en- dorsement is attached. 1. [Name of Insurer], (the ‘‘Insurer’’), of [ad- (b) The Insurer is liable for the payment of dress of Insurer] hereby certifies that it has amounts within any deductible applicable to issued liability insurance covering bodily in- the policy, with a right of reimbursement by jury and property damage to [name of in- the insured for any such payment made by sured], (the ‘‘insured’’), of [address of insured] the Insurer. This provision does not apply in connection with the insured’s obligation with respect to that amount of any deduct- to demonstrate financial responsibility ible for which coverage is demonstrated as under 40 CFR 264.147 or 265.147. The coverage specified in 40 CFR 264.147(f) or 265.147(f). applies at [list EPA Identification Number,
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name, and address for each facility] for [in- [Title], Authorized Representative of [name sert ‘‘sudden accidental occurrences,’’ ‘‘non- of Insurer] sudden accidental occurrences,’’ or ‘‘sudden [Address of Representative] and nonsudden accidental occurrences’’; if coverage is for multiple facilities and the (k) A letter of credit, as specified in coverage is different for different facilities, § 264.147(h) or 265.147(h) of this chapter, indicate which facilities are insured for sud- must be worded as follows, except that den accidental occurrences, which are in- instructions in brackets are to be re- sured for nonsudden accidental occurrences, placed with the relevant information and which are insured for both]. The limits and the brackets deleted: of liability are [insert the dollar amount of the ‘‘each occurrence’’ and ‘‘annual aggregate’’ IRREVOCABLE STANDBY LETTER OF CREDIT limits of the Insurer’s liability], exclusive of legal defense costs. The coverage is provided Name and Address of Issuing Institution ll under policy number lll, issued on [date]. Regional Administrator(s) lllllllll The effective date of said policy is [date]. Region(s) llllllllllllllllll 2. The Insurer further certifies the fol- U.S. Environmental Protection Agency ll lowing with respect to the insurance de- scribed in Paragraph 1: Dear Sir or Madam: We hereby establish (a) Bankruptcy or insolvency of the in- our Irrevocable Standby Letter of Credit No. sured shall not relieve the Insurer of its obli- llllll in the favor of [‘‘any and all gations under the policy. third-party liability claimants’’ or insert (b) The Insurer is liable for the payment of name of trustee of the standby trust fund], amounts within any deductible applicable to at the request and for the account of [owner the policy, with a right of reimbursement by or operator’s name and address] for third- the insured for any such payment made by party liability awards or settlements up to the Insurer. This provision does not apply [in words] U.S. dollars $llllll per oc- with respect to that amount of any deduct- currence and the annual aggregate amount ible for which coverage is demonstrated as of [in words] U.S. dollars $llllll, for specified in 40 CFR 264.147(f) or 265.147(f). sudden accidental occurrences and/or for (c) Whenever requested by a Regional Ad- third-party liability awards or settlements ministrator of the U.S. Environmental Pro- up to the amount of [in words] U.S. dollars tection Agency (EPA), the Insurer agrees to $llllll per occurrence, and the annual furnish to the Regional Administrator a aggregate amount of [in words] U.S. dollars signed duplicate original of the policy and $llllll, for nonsudden accidental oc- all endorsements. currences available upon presentation of a (d) Cancellation of the insurance, whether sight draft bearing reference to this letter of by the insurer, the insured, a parent credit No. llllll, and [insert the fol- corportation providing insurance coverage lowing language if the letter of credit is for its subsidiary, or by a firm having an in- being used without a standby trust fund: ‘‘(1) surable interest in and obtaining liability in- a signed certificate reading as follows: surance on behalf of the owner or operator of the hazardous waste management facility, CERTIFICATE OF VALID CLAIM will be effective only upon written notice The undersigned, as parties [insert prin- and only after the expiration of 60 days after cipal] and [insert name and address of third a copy of such written notice is received by party claimant(s)], hereby certify that the the Regional Administrator(s) of the EPA claim of bodily injury and/or property dam- Region(s) in which the facility(ies) is(are) lo- age caused by a [sudden or nonsudden] acci- cated. dental occurrence arising from operations of (e) Any other termination of the insurance [principal’s] hazardous waste treatment, will be effective only upon written notice storage, or disposal facility should be paid in and only after the expiration of thirty (30) the amount of $[ ]. We hereby certify days after a copy of such written notice is that the claim does not apply to any of the received by the Regional Administrator(s) of following: the EPA Region(s) in which the facility(ies) (a) Bodily injury or property damage for is (are) located. which [insert principal] is obligated to pay I hereby certify that the wording of this damages by reason of the assumption of li- instrument is identical to the wording speci- ability in a contract or agreement. This ex- fied in 40 CFR 264.151(j) as such regulation clusion does not apply to liability for dam- was constituted on the date first above writ- ages that [insert principal] would be obli- ten, and that the Insurer is licensed to trans- gated to pay in the absence of the contract act the business of insurance, or eligible to or agreement. provide insurance as an excess or surplus (b) Any obligation of [insert principal] lines insurer, in one or more States. under a workers’ compensation, disability [Signature of authorized representative of benefits, or unemployment compensation Insurer] law or any similar law. [Type name] (c) Bodily injury to:
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(1) An employee of [insert principal] aris- sidered [insert ‘‘primary’’ or ‘‘excess’’ cov- ing from, and in the course of, employment erage].’’ by [insert principal]; or We certify that the wording of this letter (2) The spouse, child, parent, brother or of credit is identical to the wording specified sister of that employee as a consequence of, in 40 CFR 264.151(k) as such regulations were or arising from, and in the course of employ- constituted on the date shown immediately ment by [insert principal]. below. [Signature(s) and title(s) of official(s) This exclusion applies: of issuing institution] [Date]. (A) Whether [insert principal] may be lia- This credit is subject to [insert ‘‘the most ble as an employer or in any other capacity; recent edition of the Uniform Customs and and Practice for Documentary Credits, published (B) To any obligation to share damages and copyrighted by the International Cham- with or repay another person who must pay ber of Commerce,’’ or ‘‘the Uniform Commer- damages because of the injury to persons cial Code’’]. identified in paragraphs (1) and (2). (d) Bodily injury or property damage aris- (l) A surety bond, as specified in ing out of the ownership, maintenance, use, § 264.147(h) or § 265.147(h) of this chap- or entrustment to others of any aircraft, ter, must be worded as follows: except motor vehicle or watercraft. that instructions in brackets are to be (e) Property damage to: (1) Any property owned, rented, or occu- replaced with the relevant information pied by [insert principal]; and the brackets deleted: (2) Premises that are sold, given away or PAYMENT BOND abandoned by [insert principal] if the prop- erty damage arises out of any part of those Surety Bond No. [Insert number] premises; Parties [Insert name and address of owner (3) Property loaned to [insert principal]; or operator], Principal, incorporated in [In- (4) Personal property in the care, custody sert State of incorporation] of [Insert city or control of [insert principal]; and State of principal place of business] and (5) That particular part of real property on [Insert name and address of surety com- which [insert principal] or any contractors pany(ies)], Surety Company(ies), of [Insert or subcontractors working directly or indi- surety(ies) place of business]. rectly on behalf of [insert principal] are per- EPA Identification Number, name, and ad- forming operations, if the property damage arises out of these operations. dress for each facility guaranteed by this bond: llll [Signatures] lllllllllllllllll Grantor lllllllllllllllllll Sudden accidental Nonsudden acci- occurrences dental occurrences [Signatures] lllllllllllllllll Claimant(s) lllllllllllllllll Penal Sum Per [insert amount] ..... [insert amount] or (2) a valid final court order establishing a Occurrence. judgment against the Grantor for bodily in- Annual Aggregate [insert amount] ..... [insert amount] jury or property damage caused by sudden or nonsudden accidental occurrences arising Purpose: This is an agreement between the from the operation of the Grantor’s facility Surety(ies) and the Principal under which or group of facilities. the Surety(ies), its(their) successors and as- This letter of credit is effective as of [date] signees, agree to be responsible for the pay- and shall expire on [date] at least one year ment of claims against the Principal for bod- later], but such expiration date shall be ily injury and/or property damage to third automatically extended for a period of [at parties caused by [‘‘sudden’’ and/or ‘‘nonsud- least one year] on [date and on each succes- den’’] accidental occurrences arising from op- sive expiration date, unless, at least 120 days erations of the facility or group of facilities before the current expiration date, we notify in the sums prescribed herein; subject to the you, the USEPA Regional Administrator for governing provisions and the following con- Region [Region #], and [owner’s or operator’s ditions. name] by certified mail that we have decided Governing Provisions: not to extend this letter of credit beyond the (1) Section 3004 of the Resource Conserva- current expiration date. tion and Recovery Act of 1976, as amended. Whenever this letter of credit is drawn on (2) Rules and regulations of the U.S. Envi- under and in compliance with the terms of ronmental Protection Agency (EPA), par- this credit, we shall duly honor such draft ticularly 40 CFR [‘‘§ 264.147’’ or ‘‘§ 265.147’’] (if upon presentation to us. applicable). [Insert the following language if a standby (3) Rules and regulations of the governing trust fund is not being used: ‘‘In the event State agency (if applicable) [insert citation]. that this letter of credit is used in combina- Conditions: tion with another mechanism for liability (1) The Principal is subject to the applica- coverage, this letter of credit shall be con- ble governing provisions that require the
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Principal to have and maintain liability cov- claim should be paid. The certification must erage for bodily injury and property damage be worded as follows, except that instruc- to third parties caused by [‘‘sudden’’ and/or tions in brackets are to be replaced with the ‘‘nonsudden’’] accidental occurrences arising relevant information and the brackets de- from operations of the facility or group of fa- leted: cilities. Such obligation does not apply to any of the following: CERTIFICATION OF VALID CLAIM (a) Bodily injury or property damage for The undersigned, as parties [insert name of which [insert principal] is obligated to pay Principal] and [insert name and address of damages by reason of the assumption of li- third party claimant(s)], hereby certify that ability in a contract or agreement. This ex- the claim of bodily injury and/or property clusion does not apply to liability for dam- damage caused by a [sudden or nonsudden] ages that [insert principal] would be obli- accidential occurrence arising from oper- gated to pay in the absence of the contract ating [Principal’s] hazardous waste treat- or agreement. (b) Any obligation of [insert principal] ment, storage, or disposal facility should be under a workers’ compensation, disability paid in the amount of $[ ]. benefits, or unemployment compensation [Signature] law or similar law. Principal (c) Bodily injury to: [Notary] Date (1) An employee of [insert principal] aris- ing from, and in the course of, employment [Signature(s)] by [insert principal]; or Claimant(s) (2) The spouse, child, parent, brother or [Notary] Date sister of that employee as a consequence of, or (b) A valid final court order establishing or arising from, and in the course of employ- a judgment against the Principal for bodily ment by [insert principal]. This exclusion ap- injury or property damage caused by sudden plies: or nonsudden accidental occurrences arising (A) Whether [insert principal] may be lia- from the operation of the Principal’s facility ble as an employer or in any other capacity; or group of facilities. and (5) In the event of combination of this bond (B) To any obligation to share damages with another mechanism for liability cov- with or repay another person who must pay erage, this bond will be considered [insert damages because of the injury to persons ‘‘primary’’ or ‘‘excess’’] coverage. identified in paragraphs (1) and (2). (6) The liability of the Surety(ies) shall not (d) Bodily injury or property damage aris- be discharged by any payment or succession ing out of the ownership, maintenance, use, of payments hereunder, unless and until such or entrustment to others of any aircraft, payment or payments shall amount in the motor vehicle or watercraft. (e) Property damage to: aggregate to the penal sum of the bond. In (1) Any property owned, rented, or occu- no event shall the obligation of the Sur- pied by [insert principal]; ety(ies) hereunder exceed the amount of said (2) Premises that are sold, given away or annual aggregate penal sum, provided that abandoned by [insert principal] if the prop- the Surety(ies) furnish(es) notice to the Re- erty damage arises out of any part of those gional Administrator forthwith of all claims premises; filed and payments made by the Surety(ies) (3) Property loaned to [insert principal]; under this bond. (4) Personal property in the care, custody (7) The Surety(ies) may cancel the bond by or control of [insert principal]; sending notice of cancellation by certified (5) That particular part of real property on mail to the Principal and the USEPA Re- which [insert principal] or any contractors gional Administrator for Region [Region #], or subcontractors working directly or indi- provided, however, that cancellation shall rectly on behalf of [insert principal] are per- not occur during the 120 days beginning on forming operations, if the property damage the date of receipt of the notice of cancella- arises out of these operations. tion by the Principal and the Regional Ad- (2) This bond assures that the Principal ministrator, as evidenced by the return re- will satisfy valid third party liability claims, ceipt. as described in condition 1. (8) The Principal may terminate this bond (3) If the Principal fails to satisfy a valid by sending written notice to the Surety(ies) third party liability claim, as described and to the EPA Regional Administrator(s) of above, the Surety(ies) becomes liable on this the EPA Region(s) in which the bonded facil- bond obligation. ity(ies) is (are) located. (4) The Surety(ies) shall satisfy a third (9) The Surety(ies) hereby waive(s) notifi- party liability claim only upon the receipt of cation of amendments to applicable laws, one of the following documents: statutes, rules and regulations and agree(s) (a) Certification from the Principal and that no such amendment shall in any way al- the third party claimant(s) that the liability leviate its (their) obligation on this bond.
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(10) This bond is effective from [insert nancial responsibility for the facilities iden- date] (12:01 a.m., standard time, at the ad- tified herein. dress of the Principal as stated herein) and Whereas, the Grantor, acting through its shall continue in force until terminated as duly authorized officers, has selected the described above. Trustee to be the trustee under this agree- In Witness Whereof, the Principal and Sur- ment, and the Trustee is willing to act as ety(ies) have executed this Bond and have af- trustee. fixed their seals on the date set forth above. Now, therefore, the Grantor and the Trust- The persons whose signatures appear below ee agree as follows: hereby certify that they are authorized to Section 1. Definitions. As used in this execute this surety bond on behalf of the Agreement: Principal and Surety(ies) and that the word- (a) The term ‘‘Grantor’’ means the owner or ing of this surety bond is identical to the operator who enters into this Agreement and wording specified in 40 CFR 264.151(1), as any successors or assigns of the Grantor. such regulations were constituted on the (b) The term ‘‘Trustee’’ means the Trustee date this bond was executed. who enters into this Agreement and any suc- cessor Trustee. PRINCIPAL Section 2. Identification of Facilities. This agreement pertains to the facilities identi- [Signature(s)] fied on attached schedule A [on schedule A, [Name(s)] for each facility list the EPA Identification [Title(s)] Number, name, and address of the facil- [Corporate Seal] ity(ies) and the amount of liability coverage, or portions thereof, if more than one instru- CORPORATE SURETY[IES] ment affords combined coverage as dem- [Name and address] onstrated by this Agreement]. State of incorporation: lllllllllll Section 3. Establishment of Fund. The Liability Limit: $ llllllllllllll Grantor and the Trustee hereby establish a [Signature(s)] trust fund, hereinafter the ‘‘Fund,’’ for the [Name(s) and title(s)] benefit of any and all third parties injured or [Corporate seal] damaged by [sudden and/or nonsudden] acci- [For every co-surety, provide signature(s), dental occurrences arising from operation of corporate seal, and other information in the the facility(ies) covered by this guarantee, in same manner as for Surety above.] the amounts of llllll [up to $1 million] Bond premium: $ llllllllllllll per occurrence and llllll [up to $2 mil- lion] annual aggregate for sudden accidental (m)(1) A trust agreement, as specified occurrences and llllll [up to $3 mil- in § 264.147(j) or § 265.147(j) of this chap- lion] per occurrence and llllll [up to $6 ter, must be worded as follows, except million] annual aggregate for nonsudden oc- that instructions in brackets are to be currences, except that the Fund is not estab- replaced with the relevant information lished for the benefit of third parties for the and the brackets deleted: following: (a) Bodily injury or property damage for TRUST AGREEMENT which [insert Grantor] is obligated to pay damages by reason of the assumption of li- Trust Agreement, the ‘‘Agreement,’’ en- ability in a contract or agreement. This ex- tered into as of [date] by and between [name clusion does not apply to liability for dam- of the owner or operator] a [name of State] ages that [insert Grantor] would be obligated [insert ‘‘corporation,’’ ‘‘partnership,’’ ‘‘associa- to pay in the absence of the contract or tion,’’ or ‘‘proprietorship’’], the ‘‘Grantor,’’ and agreement. [name of corporate trustee], [insert, ‘‘incor- (b) Any obligation of [insert Grantor] porated in the State of llll’’ or ‘‘a na- under a workers’ compensation, disability tional bank’’], the ‘‘trustee.’’ benefits, or unemployment compensation Whereas, the United States Environmental law or any similar law. Protection Agency, ‘‘EPA,’’ an agency of the (c) Bodily injury to: United States Government, has established (1) An employee of [insert Grantor] arising certain regulations applicable to the Grant- from, and in the course of, employment by or, requiring that an owner or operator of a [insert Grantor]; or hazardous waste management facility or (2) The spouse, child, parent, brother or group of facilities must demonstrate finan- sister of that employee as a consequence of, cial responsibility for bodily injury and or arising from, and in the course of employ- property damage to third parties caused by ment by [insert Grantor]. sudden accidental and/or nonsudden acci- This exclusion applies: dental occurrences arising from operations (A) Whether [insert Grantor] may be liable of the facility or group of facilities. as an employer or in any other capacity; and Whereas, the Grantor has elected to estab- (B) To any obligation to share damages lish a trust to assure all or part of such fi- with or repay another person who must pay
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damages because of the injury to persons [Signatures] identified in paragraphs (1) and (2). Grantor (d) Bodily injury or property damage aris- [Signatures] ing out of the ownership, maintenance, use, Claimant(s) or entrustment to others of any aircraft, (b) A valid final court order establishing a motor vehicle or watercraft. judgment against the Grantor for bodily in- (e) Property damage to: jury or property damage caused by sudden or (1) Any property owned, rented, or occu- nonsudden accidental occurrences arising pied by [insert Grantor]; from the operation of the Grantor’s facility (2) Premises that are sold, given away or or group of facilities. abandoned by [insert Grantor] if the prop- Section 5. Payments Comprising the Fund. erty damage arises out of any part of those Payments made to the Trustee for the Fund premises; shall consist of cash or securities acceptable (3) Property loaned to [insert Grantor]; to the Trustee. (4) Personal property in the care, custody Section 6. Trustee Management. The Trustee or control of [insert Grantor]; shall invest and reinvest the principal and (5) That particular part of real property on income, in accordance with general invest- which [insert Grantor] or any contractors or ment policies and guidelines which the subcontractors working directly or indi- Grantor may communicate in writing to the rectly on behalf of [insert Grantor] are per- Trustee from time to time, subject, however, forming operations, if the property damage to the provisions of this section. In invest- arises out of these operations. ing, reinvesting, exchanging, selling, and In the event of combination with another managing the Fund, the Trustee shall dis- mechanism for liability coverage, the fund charge his duties with respect to the trust shall be considered [insert ‘‘primary’’ or ‘‘ex- fund solely in the interest of the beneficiary cess’’] coverage. and with the care, skill, prudence, and dili- The Fund is established initially as con- gence under the circumstance then pre- sisting of the property, which is acceptable vailing which persons of prudence, acting in to the Trustee, described in Schedule B at- a like capacity and familiar with such mat- tached hereto. Such property and any other ters, would use in the conduct of an enter- property subsequently transferred to the prise of a like character and with like aims; Trustee is referred to as the Fund, together except that: with all earnings and profits thereon, less (i) Securities or other obligations of the any payments or distributions made by the Grantor, or any other owner or operator of Trustee pursuant to this Agreement. The the facilities, or any of their affiliates as de- Fund shall be held by the Trustee, IN fined in the Investment Company Act of 1940, TRUST, as hereinafter provided. The Trustee as amended, 15 U.S.C. 80a–2.(a), shall not be shall not be responsible nor shall it under- acquired or held unless they are securities or take any responsibility for the amount or other obligations of the Federal or a State adequacy of, nor any duty to collect from government; the Grantor, any payments necessary to dis- (ii) The Trustee is authorized to invest the charge any liabilities of the Grantor estab- Fund in time or demand deposits of the lished by EPA. Trustee, to the extent insured by an agency Section 4. Payment for Bodily Injury or of the Federal or State government; and Property Damage. The Trustee shall satisfy a (iii) The Trustee is authorized to hold cash third party liability claim by making pay- awaiting investment or distribution ments from the Fund only upon receipt of uninvested for a reasonable time and with- one of the following documents; out liability for the payment of interest (a) Certification from the Grantor and the thereon. third party claimant(s) that the liability Section 7. Commingling and Investment. The claim should be paid. The certification must Trustee is expressly authorized in its discre- be worded as follows, except that instruc- tion: tions in brackets are to be replaced with the (a) To transfer from time to time any or relevant information and the brackets de- all of the assets of the Fund to any common leted: commingled, or collective trust fund created by the Trustee in which the fund is eligible CERTIFICATION OF VALID CLAIM to participate, subject to all of the provi- The undersigned, as parties [insert Grant- sions thereof, to be commingled with the as- or] and [insert name and address of third sets of other trusts participating therein; party claimant(s)], hereby certify that the and claim of bodily injury and/or property dam- (b) To purchase shares in any investment age caused by a [sudden or nonsudden] acci- company registered under the Investment dental occurrence arising from operating Company Act of 1940, 15 U.S.C. 81a–1 et seq., [Grantor’s] hazardous waste treatment, stor- including one which may be created, man- age, or disposal facility should be paid in the aged, underwritten, or to which investment amount of $[ ]. advice is rendered or the shares of which are
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sold by the Trustee. The Trustee may vote statement confirming the value of the Trust. such shares in its discretion. Any securities in the Fund shall be valued at Section 8. Express Powers of Trustee. With- market value as of no more than 60 days out in any way limiting the powers and dis- prior to the anniversary date of establish- cretions conferred upon the Trustee by the ment of the Fund. The failure of the Grantor other provisions of this Agreement or by to object in writing to the Trustee within 90 law, the Trustee is expressly authorized and days after the statement has been furnished empowered: to the Grantor and the EPA Regional Admin- (a) To sell, exchange, convey, transfer, or istrator shall constitute a conclusively bind- otherwise dispose of any property held by it, ing assent by the Grantor barring the Grant- by public or private sale. No person dealing or from asserting any claim or liability with the Trustee shall be bound to see to the against the Trustee with respect to matters application of the purchase money or to in- disclosed in the statement. quire into the validity or expediency of any Section 11. Advice of Counsel. The Trustee such sale or other disposition; may from time to time consult with counsel, (b) To make, execute, acknowledge, and de- who may be counsel to the Grantor with re- liver any and all documents of transfer and spect to any question arising as to the con- conveyance and any and all other instru- struction of this Agreement or any action to ments that may be necessary or appropriate be taken hereunder. The Trustee shall be to carry out the powers herein granted; fully protected, to the extent permitted by (c) To register any securities held in the law, in acting upon the advice of counsel. Fund in its own name or in the name of a Section 12. Trustee Compensation. The nominee and to hold any security in bearer Trustee shall be entitled to reasonable com- form or in book entry, or to combine certifi- pensation for its services as agreed upon in cates representing such securities with cer- writing from time to time with the Grantor. tificates of the same issue held by the Trust- Section 13. Successor Trustee. The Trustee ee in other fiduciary capacities, or to deposit may resign or the Grantor may replace the or arrange for the deposit of such securities Trustee, but such resignation or replacement in a qualified central depositary even shall not be effective until the Grantor has though, when so deposited, such securities appointed a successor trustee and this suc- may be merged and held in bulk in the name cessor accepts the appointment. The suc- of the nominee of such depositary with other cessor trustee shall have the same powers securities deposited therein by another per- and duties as those conferred upon the son, or to deposit or arrange for the deposit Trustee hereunder. Upon the successor trust- of any securities issued by the United States ee’s acceptance of the appointment, the Government, or any agency or instrumen- Trustee shall assign, transfer, and pay over tality thereof, with a Federal Reserve bank, to the successor trustee the funds and prop- but the books and records of the Trustee erties then constituting the Fund. If for any shall at all times show that all such securi- reason the Grantor cannot or does not act in ties are part of the Fund; the event of the resignation of the Trustee, (d) To deposit any cash in the Fund in in- the Trustee may apply to a court of com- terest-bearing accounts maintained or sav- petent jurisdiction for the appointment of a ings certificates issued by the Trustee, in its successor trustee or for instructions. The separate corporate capacity, or in any other successor trustee shall specify the date on banking institution affiliated with the which it assumes administration of the trust Trustee, to the extent insured by an agency in a writing sent to the Grantor, the EPA of the Federal or State government; and Regional Administrator, and the present (e) To compromise or otherwise adjust all Trustee by certified mail 10 days before such claims in favor of or against the Fund. change becomes effective. Any expenses in- Section 9. Taxes and Expenses. All taxes of curred by the Trustee as a result of any of any kind that may be assessed or levied the acts contemplated by this section shall against or in respect of the Fund and all bro- be paid as provided in Section 9. kerage commissions incurred by the Fund Section 14. Instructions to the Trustee. All shall be paid from the Fund. All other ex- orders, requests, and instructions by the penses incurred by the Trustee in connection Grantor to the Trustee shall be in writing, with the administration of this Trust, in- signed by such persons as are designated in cluding fees for legal services rendered to the the attached Exhibit A or such other des- Trustee, the compensation of the Trustee to ignees as the Grantor may designate by the extent not paid directly by the Grantor, amendments to Exhibit A. The Trustee shall and all other proper charges and disburse- be fully protected in acting without inquiry ments of the Trustee shall be paid from the in accordance with the Grantor’s orders, re- Fund. quests, and instructions. All orders, re- Section 10. Annual Valuations. The Trustee quests, and instructions by the EPA Re- shall annually, at least 30 days prior to the gional Administrator to the Trustee shall be anniversary date of establishment of the in writing, signed by the EPA Regional Ad- Fund, furnish to the Grantor and to the ap- ministrators of the Regions in which the fa- propriate EPA Regional Administrator a cilities are located, or their designees, and
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the Trustee shall act and shall be fully pro- indemnified and saved harmless by the tected in acting in accordance with such or- Grantor or from the Trust Fund, or both, ders, requests, and instructions. The Trustee from and against any personal liability to shall have the right to assume, in the ab- which the Trustee may be subjected by rea- sence of written notice to the contrary, that son of any act or conduct in its official ca- no event constituting a change or a termi- pacity, including all expenses reasonably in- nation of the authority of any person to act curred in its defense in the event the Grant- on behalf of the Grantor or EPA hereunder or fails to provide such defense. has occurred. The Trustee shall have no duty Section 19. Choice of Law. This Agreement to act in the absence of such orders, re- shall be administered, construed, and en- quests, and instructions from the Grantor forced according to the laws of the State of and/or EPA, except as provided for herein. [enter name of State]. Section 15. Notice of Nonpayment. If a pay- Section 20. Interpretation. As used in this ment for bodily injury or property damage is Agreement, words in the singular include the made under Section 4 of this trust, the plural and words in the plural include the Trustee shall notify the Grantor of such pay- singular. The descriptive headings for each ment and the amount(s) thereof within five section of this Agreement shall not affect (5) working days. The Grantor shall, on or the interpretation or the legal efficacy of before the anniversary date of the establish- this Agreement. ment of the Fund following such notice, ei- In Witness Whereof the parties have caused ther make payments to the Trustee in this Agreement to be executed by their re- amounts sufficient to cause the trust to re- spective officers duly authorized and their turn to its value immediately prior to the corporate seals to be hereunto affixed and at- payment of claims under Section 4, or shall tested as of the date first above written. The provide written proof to the Trustee that parties below certify that the wording of this other financial assurance for liability cov- Agreement is identical to the wording speci- erage has been obtained equalling the fied in 40 CFR 264.151(m) as such regulations amount necessary to return the trust to its were constituted on the date first above value prior to the payment of claims. If the written. Grantor does not either make payments to llllllllllllllllllllllll the Trustee or provide the Trustee with such [Signature of Grantor] proof, the Trustee shall within 10 working [Title] days after the anniversary date of the estab- Attest: lishment of the Fund provide a written no- tice of nonpayment to the EPA Regional Ad- [Title] ministrator. [Seal] llllllllllllllllllllllll Section 16. Amendment of Agreement. This Agreement may be amended by an instru- [Signature of Trustee] ment in writing executed by the Grantor, the Attest: Trustee, and the appropriate EPA Regional [Title] Administrator, or by the Trustee and the ap- [Seal] propriate EPA Regional Administrator if the (2) The following is an example of the cer- Grantor ceases to exist. tification of acknowledgement which must Section 17. Irrevocability and Termination. accompany the trust agreement for a trust Subject to the right of the parties to amend fund as specified in §§ 264.147(j) or 265.147(j) of this Agreement as provided in Section 16, this chapter. State requirements may differ this Trust shall be irrevocable and shall con- on the proper content of this acknowledge- tinue until terminated at the written agree- ment. ment of the Grantor, the Trustee, and the State of lllllllllllllllllll EPA Regional Administrator, or by the County of llllllllllllllllll Trustee and the EPA Regional Adminis- On this [date], before me personally came trator, if the Grantor ceases to exist. Upon [owner or operator] to me known, who, being termination of the Trust, all remaining trust by me duly sworn, did depose and say that property, less final trust administration ex- she/he resides at [address], that she/he is penses, shall be delivered to the Grantor. [title] of [corporation], the corporation de- The Regional Administrator will agree to scribed in and which executed the above in- termination of the Trust when the owner or strument; that she/he knows the seal of said operator substitutes alternate financial as- corporation; that the seal affixed to such in- surance as specified in this section. strument is such corporate seal; that it was Section 18. Immunity and Indemnification. so affixed by order of the Board of Directors The Trustee shall not incur personal liabil- of said corporation, and that she/he signed ity of any nature in connection with any act her/his name thereto by like order. or omission, made in good faith, in the ad- llllllllllllllllllllllll ministration of this Trust, or in carrying out [Signature of Notary Public] any directions by the Grantor or the EPA Regional Administrator issued in accordance (n)(1) A standby trust agreement, as with this Agreement. The Trustee shall be specified in § 264.147(h) or 265.147(h) of
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this chapter, must be worded as fol- llllll [up to $3 million] per occur- lows, except that instructions in brack- rence and llllll [up to $6 million] an- ets are to be replaced with the relevant nual aggregate for nonsudden occurrences, information and the brackets deleted: except that the Fund is not established for the benefit of third parties for the following: STANDBY TRUST AGREEMENT (a) Bodily injury or property damage for which [insert Grantor] is obligated to pay Trust Agreement, the ‘‘Agreement,’’ en- damages by reason of the assumption of li- tered into as of [date] by and between [name ability in a contract or agreement. This ex- of the owner or operator] a [name of a State] clusion does not apply to liability for dam- [insert ‘‘corporation,’’ ‘‘partnership,’’ ‘‘associa- ages that [insert Grantor] would be obligated tion,’’ or ‘‘proprietorship’’], the ‘‘Grantor,’’ and to pay in the absence of the contract or [name of corporate trustee], [insert, ‘‘incor- agreement. porated in the State of lllllll or a ’’ ‘‘ (b) Any obligation of [insert Grantor] national bank ], the trustee. ’’ ‘‘ ’’ under a workers’ compensation, disability Whereas the United States Environmental benefits, or unemployment compensation Protection Agency, EPA, an agency of the ‘‘ ’’ law or any similar law. United States Government, has established (c) Bodily injury to: certain regulations applicable to the Grant- (1) An employee or [insert Grantor] arising or, requiring that an owner or operator of a from , and in the course of, employment by hazardous waste management facility or [insert Grantor]; or group of facilities must demonstrate finan- (2) The spouse, child, parent, brother or cial responsibility for bodily injury and sister of that employee as a consequence of, property damage to third parties caused by or arising from, and in the course of employ- sudden accidental and/or nonsudden acci- ment by [insert Grantor]. dental occurrences arising from operations of the facility or group of facilities. This exclusion applies: Whereas, the Grantor has elected to estab- (A) Whether [insert Grantor] may be liable lish a standby trust into which the proceeds as an employer or in any other capacity; and from a letter of credit may be deposited to (B) To any obligation to share damages assure all or part of such financial responsi- with or repay another person who must pay bility for the facilities identified herein. damages because of the injury to persons Whereas, the Grantor, acting through its identified in paragraphs (1) and (2). duly authorized officers, has selected the (d) Bodily injury or property damage aris- Trustee to be the trustee under this agree- ing out of the ownership, maintenance, use, ment, and the Trustee is willing to act as or entrustment to others of any aircraft, trustee. motor vehicle or watercraft. Now, therefore, the Grantor and the Trust- (e) Property damage to: ee agree as follows: (1) Any property owned, rented, or occu- Section 1. Definitions. As used in this pied by [insert Grantor]; Agreement: (2) Premises that are sold, given away or (a) The term Grantor means the owner or abandoned by [insert Grantor] if the prop- operator who enters into this Agreement and erty damage arises out of any part of those any successors or assigns of the Grantor. premises; (b) The term Trustee means the Trustee (3) Property loaned [insert Grantor]; who enters into this Agreement and any suc- (4) Personal property in the care, custody cessor Trustee. or control of [insert Grantor]; Section 2. Identification of Facilities. This (5) That particular part of real property on agreement pertains to the facilities identi- which [insert Grantor] or any contractors or fied on attached schedule A [on schedule A, subcontractors working directly or indi- for each facility list the EPA Identification rectly on behalf of [insert Grantor] are per- Number, name, and address of the facil- forming operations, if the property damage ity(ies) and the amount of liability coverage, arises out of these operations. or portions thereof, if more than one instru- In the event of combination with another ment affords combined coverage as dem- mechanism for liability coverage, the fund onstrated by this Agreement]. shall be considered [insert ‘‘primary’’ or ‘‘ex- Section 3. Establishment of Fund. The cess’’] coverage. Grantor and the Trustee hereby establish a The Fund is established initially as con- standby trust fund, hereafter the ‘‘Fund,’’ for sisting of the proceeds of the letter of credit the benefit of any and all third parties in- deposited into the Fund. Such proceeds and jured or damaged by [sudden and/or nonsud- any other property subsequently transferred den] accidental occurrences arising from op- to the Trustee is referred to as the Fund, to- eration of the facility(ies) covered by this gether with all earnings and profits thereon, guarantee, in the amounts of llllll less any payments or distributions made by [up to $1 million] per occurrence and the Trustee pursuant to this Agreement. The llllll [up to $2 million] annual aggre- Fund shall be held by the Trustee, IN gate for sudden accidental occurrences and TRUST, as hereinafter provided. The Trustee
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shall not be responsible nor shall it under- (i) Securities or other obligations of the take any responsibility for the amount or Grantor, or any other owner or operator of adequacy of, nor any duty to collect from the facilities, or any of their affiliates as de- the Grantor, any payments necessary to dis- fined in the Investment Company Act of 1940, charge any liabilities of the Grantor estab- as amended, 15 U.S.C. 80a–2(a), shall not be lished by EPA. acquired or held, unless they are securities Section 4. Payment for Bodily Injury or or other obligations of the Federal or a State Property Damage. The Trustee shall satisfy a government; third party liability claim by drawing on the (ii) The Trustee is authorized to invest the letter of credit described in Schedule B and Fund in time or demand deposits of the by making payments from the Fund only Trustee, to the extent insured by an agency upon receipt of one of the following docu- of the Federal or a State government; and ments: (iii) The Trustee is authorized to hold cash (a) Certification from the Grantor and the awaiting investment or distribution third party claimant(s) that the liability uninvested for a reasonable time and with- claim should be paid. The certification must out liability for the payment of interest be worded as follows, except that instruc- thereon. tions in brackets are to be replaced with the Section 7. Commingling and Investment. The relevant information and the brackets de- Trustee is expressly authorized in its discre- leted: tion: (a) To transfer from time to time any or CERTIFICATION OF VALID CLAIM all of the assets of the Fund to any common, The undersigned, as parties [insert Grant- commingled, or collective trust fund created or] and [insert name and address of third by the Trustee in which the Fund is eligible party claimant(s)], hereby certify that the to participate, subject to all of the provi- claim of bodily injury and/or property dam- sions thereof, to be commingled with the as- age caused by a [sudden or nonsudden] acci- sets of other trusts participating therein; dental occurrence arising from operating and [Grantor’s] hazardous waste treatment, stor- (b) To purchase shares in any investment age, or disposal facility should be paid in the company registered under the Investment amount of $[ ]. Company Act of 1940, 15 U.S.C. 80a–1 et seq., [Signature] lllllllllllllllll including one which may be created, man- aged, underwritten, or to which investment lllllllllllllllllll Grantor advice is rendered or the shares of which are [Signatures] lllllllllllllllll sold by the Trustee. The Trustee may vote Claimant(s) lllllllllllllllll such shares in its discretion. (b) A valid final court order establishing a Section 8. Express Powers of Trustee. With- judgment against the Grantor for bodily in- out in any way limiting the powers and dis- jury or property damage caused by sudden or cretions conferred upon the Trustee by the nonsudden accidental occurrences arising other provisions of this Agreement or by from the operation of the Grantor’s facility law, the Trustee is expressly authorized and or group of facilities. empowered: Section 5. Payments Comprising the Fund. (a) To sell, exchange, convey, transfer, or Payments made to the Trustee for the Fund otherwise dispose of any property held by it, shall consist of the proceeds from the letter by public or private sale. No person dealing of credit drawn upon by the Trustee in ac- with the Trustee shall be bound to see to the cordance with the requirements of 40 CFR application of the purchase money or to in- 264.151(k) and Section 4 of this Agreement. quire into the validity or expediency of any Section 6. Trustee Management. The Trustee such sale or other disposition; shall invest and reinvest the principal and (b) To make, execute, acknowledge, and de- income, in accordance with general invest- liver any and all documents of transfer and ment policies and guidelines which the conveyance and any and all other instru- Grantor may communicate in writing to the ments that may be necessary or appropriate Trustee from time to time, subject, however, to carry out the powers herein granted; to the provisions of this Section. In invest- (c) To register any securities held in the ing, reinvesting, exchanging, selling, and Fund in its own name or in the name of a managing the Fund, the Trustee shall dis- nominee and to hold any security in bearer charge his duties with respect to the trust form or in book entry, or to combine certifi- fund solely in the interest of the beneficiary cates representing such securities with cer- and with the care, skill, prudence, and dili- tificates of the same issue held by the Trust- gence under the circumstances then pre- ee in other fiduciary capacities, or to deposit vailing which persons of prudence, acting in or arrange for the deposit of such securities a like capacity and familiar with such mat- in a qualified central depositary even ters, would use in the conduct of an enter- though, when so deposited, such securities prise of a like character and with like aims; may be merged and held in bulk in the name except that: of the nominee of such depositary with other
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securities deposited therein by another per- the acts contemplated by this Section shall son, or to deposit or arrange for the deposit be paid as provided in Section 9. of any securities issued by the United States Section 13. Instructions to the Trustee. All Government, or any agency or instrumen- orders, requests, certifications of valid tality thereof, with a Federal Reserve Bank, claims, and instructions to the Trustee shall but the books and records of the Trustee be in writing, signed by such persons as are shall at all times show that all such securi- designated in the attached Exhibit A or such ties are part of the Fund; other designees as the Grantor may des- (d) To deposit any cash in the Fund in in- ignate by amendments to Exhibit A. The terest-bearing accounts maintained or sav- Trustee shall be fully protected in acting ings certificates issued by the Trustee, in its without inquiry in accordance with the separate corporate capacity, or in any other Grantor’s orders, requests, and instructions. banking institution affiliated with the The Trustee shall have the right to assume, Trustee, to the extent insured by an agency in the absence of written notice to the con- of the Federal or State government; and trary, that no event constituting a change or (e) To compromise or otherwise adjust all a termination of the authority of any person claims in favor of or against the Fund. to act on behalf of the Grantor or the EPA Section 9. Taxes and Expenses. All taxes of Regional Administrator hereunder has oc- any kind that may be assessed or levied curred. The Trustee shall have no duty to act against or in respect of the Fund and all bro- in the absence of such orders, requests, and kerage commissions incurred by the Fund instructions from the Grantor and/or EPA, shall be paid from the Fund. All other ex- except as provided for herein. penses incurred by the Trustee in connection Section 14. Amendment of Agreement. This with the administration of this Trust, in- Agreement may be amended by an instru- cluding fees for legal services rendered to the ment in writing executed by the Grantor, the Trustee, the compensation of the Trustee to Trustee, and the EPA Regional Adminis- the extent not paid directly by the Grantor, trator, or by the Trustee and the EPA Re- and all other proper charges and disburse- gional Administrator if the Grantor ceases ments to the Trustee shall be paid from the to exist. Fund. Section 15. Irrevocability and Termination. Section 10. Advice of Counsel. The Trustee Subject to the right of the parties to amend may from time to time consult with counsel, this Agreement as provided in Section 14, who may be counsel to the Grantor, with re- this Trust shall be irrevocable and shall con- spect to any question arising as to the con- tinue until terminated at the written agree- struction of this Agreement or any action to ment of the Grantor, the Trustee, and the be taken hereunder. The Trustee shall be EPA Regional Administrator, or by the fully protected, to the extent permitted by Trustee and the EPA Regional Adminis- law, in acting upon the advice of counsel. trator, if the Grantor ceases to exist. Upon Section 11. Trustee Compensation. The termination of the Trust, all remaining trust Trustee shall be entitled to reasonable com- property, less final trust administration ex- pensation for its services as agreed upon in penses, shall be paid to the Grantor. writing from time to time with the Grantor. The Regional Administrator will agree to Section 12. Successor Trustee. The Trustee termination of the Trust when the owner or may resign or the Grantor may replace the operator substitutes alternative financial as- Trustee, but such resignation or replacement surance as specified in this section. shall not be effective until the Grantor has Section 16. Immunity and indemnification. appointed a successor trustee and this suc- The Trustee shall not incur personal liabil- cessor accepts the appointment. The suc- ity of any nature in connection with any act cessor trustee shall have the same powers or omission, made in good faith, in the ad- and duties as those conferred upon the ministration of this Trust, or in carrying out Trustee hereunder. Upon the successor trust- any directions by the Grantor and the EPA ee’s acceptance of the appointment; the Regional Administrator issued in accordance Trustee shall assign, transfer, and pay over with this Agreement. The Trustee shall be to the successor trustee the funds and prop- indemnified and saved harmless by the erties then constituting the Fund. If for any Grantor or from the Trust Fund, or both, reason the Grantor cannot or does not act in from and against any personal liability to the event of the resignation of the Trustee, which the Trustee may be subjected by rea- the Trustee may apply to a court of com- son of any act or conduct in its official ca- petent jurisdiction for the appointment of a pacity, including all expenses reasonable in- successor trustee or for instructions. The curred in its defense in the event the Grant- successor trustee shall specify the date on or fails to provide such defense. which it assumes administration of the trust Section 17. Choice of Law. This Agreement in a writing sent to the Grantor, the EPA shall be administered, construed, and en- Regional Administrator and the present forced according to the laws of the State of Trustee by certified mail 10 days before such [enter name of State]. change becomes effective. Any expenses in- Section 18. Interpretation. As used in this curred by the Trustee as a result of any of Agreement, words in the singular include the
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plural and words in the plural include the § 264.170 Applicability. singular. The descriptive headings for each Section of this Agreement shall not affect The regulations in this subpart apply the interpretation of the legal efficacy of to owners and operators of all haz- this Agreement. ardous waste facilities that store con- In Witness Whereof the parties have caused tainers of hazardous waste, except as this Agreement to be executed by their re- § 264.1 provides otherwise. spective officers duly authorized and their corporate seals to be hereunto affixed and at- tested as of the date first above written. The [Comment: Under § 261.7 and § 261.33(c), if a parties below certify that the wording of this hazardous waste is emptied from a container Agreement is identical to the wording speci- the residue remaining in the container is not fied in 40 CFR 264.151(n) as such regulations considered a hazardous waste if the con- were constituted on the date first above tainer is ‘‘empty’’ as defined in § 261.7. In that written. event, management of the container is ex- llllllllllllllllllllllll empt from the requirements of this subpart.] [Signature of Grantor] [Title] § 264.171 Condition of containers. Attest: [Title] If a container holding hazardous [Seal] waste is not in good condition (e.g., se- llllllllllllllllllllllll vere rusting, apparent structural de- [Signature of Trustee] fects) or if it begins to leak, the owner Attest: or operator must transfer the haz- [Title] ardous waste from this container to a [Seal] container that is in good condition or (2) The following is an example of the cer- manage the waste in some other way tification of acknowledgement which must that complies with the requirements of accompany the trust agreement for a stand- by trust fund as specified in section 264.147(h) this part. or 265.147(h) of this chapter. State require- ments may differ on the proper content of § 264.172 Compatibility of waste with this acknowledgement. containers. State of lllllllllllllllllll The owner or operator must use a County of llllllllllllllllll container made of or lined with mate- On this [date], before me personally came rials which will not react with, and are [owner or operator] to me known, who, being otherwise compatible with, the haz- by me duly sworn, did depose and say that ardous waste to be stored, so that the she/he resides at [address], that she/he is [title] of [corporation], the corporation de- ability of the container to contain the scribed in and which executed the above in- waste is not impaired. strument; that she/he knows the seal of said corporation; that the seal affixed to such in- § 264.173 Management of containers. strument is such corporate seal; that it was (a) A container holding hazardous so affixed by order of the Board of Directors of said corporation, and that she/he signed waste must always be closed during her/his name thereto by like order. storage, except when it is necessary to llllllllllllllllllllllll add or remove waste. [Signature of Notary Public] (b) A container holding hazardous waste must not be opened, handled, or [47 FR 15059, Apr. 7, 1982, as amended at 47 stored in a manner which may rupture FR 16556, Apr. 16, 1982; 47 FR 17989, Apr. 27, the container or cause it to leak. 1982; 47 FR 19995, May 10, 1982; 47 FR 28627, July 1, 1982; 51 FR 16450, May 2, 1986; 51 FR 25354, July 11, 1986; 52 FR 44320, Nov. 18, 1987; [Comment: Reuse of containers in transpor- 53 FR 33952, Sept. 1, 1988; 57 FR 42836, Sept. tation is governed by U.S. Department of 16, 1992; 59 FR 29960, June 10, 1994] Transportation regulations including those set forth in 49 CFR 173.28.] Subpart I—Use and Management of Containers § 264.174 Inspections. At least weekly, the owner or oper- SOURCE: 46 FR 2866, Jan. 12, 1981, unless ator must inspect areas where con- otherwise noted. tainers are stored, looking for leaking
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containers and for deterioration of con- (c) Storage areas that store con- tainers and the containment system tainers holding only wastes that do not caused by corrosion or other factors. contain free liquids need not have a containment system defined by para- [Comment: See §§ 264.15(c) and 264.171 for re- graph (b) of this section, except as pro- medial action required if deterioration or vided by paragraph (d) of this section leaks are detected.] or provided that: (1) The storage area is sloped or is § 264.175 Containment. otherwise designed and operated to (a) Container storage areas must drain and remove liquid resulting from have a containment system that is de- precipitation, or signed and operated in accordance with (2) The containers are elevated or are paragraph (b) of this section, except as otherwise protected from contact with otherwise provided by paragraph (c) of accumulated liquid. this section. (d) Storage areas that store con- (b) A containment system must be tainers holding the wastes listed below designed and operated as follows: that do not contain free liquids must (1) A base must underly the con- have a containment system defined by tainers which is free of cracks or gaps paragraph (b) of this section: and is sufficiently impervious to con- (1) FO20, FO21, FO22, FO23, FO26, and tain leaks, spills, and accumulated pre- FO27. cipitation until the collected material (2) [Reserved] is detected and removed; [46 FR 55112, Nov. 6, 1981, as amended at 50 (2) The base must be sloped or the FR 2003, Jan. 14, 1985] containment system must be otherwise designed and operated to drain and re- § 264.176 Special requirements for ig- move liquids resulting from leaks, nitable or reactive waste. spills, or precipitation, unless the con- Containers holding ignitable or reac- tainers are elevated or are otherwise tive waste must be located at least 15 protected from contact with accumu- meters (50 feet) from the facility’s lated liquids; property line. (3) The containment system must have sufficient capacity to contain 10% [Comment: See § 264.17(a) for additional re- of the volume of containers or the vol- quirements.] ume of the largest container, which- ever is greater. Containers that do not § 264.177 Special requirements for in- contain free liquids need not be consid- compatible wastes. ered in this determination; (4) Run-on into the containment sys- (a) Incompatible wastes, or incom- tem must be prevented unless the col- patible wastes and materials (see ap- lection system has sufficient excess ca- pendix V for examples), must not be pacity in addition to that required in placed in the same container, unless paragraph (b)(3) of this section to con- § 264.17(b) is complied with. tain any run-on which might enter the (b) Hazardous waste must not be system; and placed in an unwashed container that (5) Spilled or leaked waste and accu- previously held an incompatible waste mulated precipitation must be removed or material. from the sump or collection area in as timely a manner as is necessary to pre- [Comment: As required by § 264.13, the waste analysis plan must include analyses needed vent overflow of the collection system. to comply with § 264.177. Also, § 264.17(c) re- [Comment: If the collected material is a quires wastes analyses, trial tests or other hazardous waste under part 261 of this Chap- documentation to assure compliance with ter, it must be managed as a hazardous waste § 264.17(b). As required by § 264.73, the owner in accordance with all applicable require- or operator must place the results of each ments of parts 262 through 266 of this chap- waste analysis and trial test, and any docu- ter. If the collected material is discharged mented information, in the operating record through a point source to waters of the of the facility.] United States, it is subject to the require- ments of section 402 of the Clean Water Act, (c) A storage container holding a haz- as amended.] ardous waste that is incompatible with
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any waste or other materials stored contains no free liquids and are situ- nearby in other containers, piles, open ated inside a building with an imper- tanks, or surface impoundments must meable floor are exempted from the re- be separated from the other materials quirements in § 264.193. To demonstrate or protected from them by means of a the absence or presence of free liquids dike, berm, wall, or other device. in the stored/treated waste, the fol- lowing test must be used: Method 9095 [Comment: The purpose of this section is to (Paint Filter Liquids Test) as described prevent fires, explosions, gaseous emission, in ‘‘Test Methods for Evaluating Solid leaching, or other discharge of hazardous Waste, Physical/Chemical Methods, waste or hazardous waste constituents which ’’ could result from the mixing of incompatible EPA Publication SW–846, as incor- wastes or materials if containers break or porated by reference in § 260.11 of this leak.] chapter. (b) Tank systems, including sumps, § 264.178 Closure. as defined in § 260.10, that serve as part of a secondary containment system to At closure, all hazardous waste and collect or contain releases of hazardous hazardous waste residues must be re- wastes are exempted from the require- moved from the containment system. ments in § 264.193(a). Remaining containers, liners, bases, and soil containing or contaminated (c) Tanks, sumps, and other such col- with hazardous waste or hazardous lection devices or systems used in con- waste residues must be decontaminated junction with drip pads, as defined in or removed. § 260.10 of this chapter and regulated under 40 CFR part 264 subpart W, must [Comment: At closure, as throughout the op- meet the requirements of this subpart. erating period, unless the owner or operator [51 FR 25472, July 14, 1986; 51 FR 29430, Aug. can demonstrate in accordance with § 261.3(d) 15, 1986, as amended at 53 FR 34086, Sept. 2, of this chapter that the solid waste removed 1988; 55 FR 50484, Dec. 6, 1990; 58 FR 46050, from the containment system is not a haz- Aug. 31, 1993] ardous waste, the owner or operator becomes a generator of hazardous waste and must manage it in accordance with all applicable § 264.191 Assessment of existing tank requirements of parts 262 through 266 of this system’s integrity. chapter]. (a) For each existing tank system that does not have secondary contain- § 264.179 Air emission standards. ment meeting the requirements of The owner or operator shall manage § 264.193, 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 ble requirements of subparts AA, BB, provided in paragraph (c) of this sec- and CC of this part. tion, the owner or operator must ob- tain and keep on file at the facility a [61 FR 59950, Nov. 25, 1996] written assessment reviewed and cer- tified by an independent, qualified reg- Subpart J—Tank Systems istered professional engineer, in ac- cordance with § 270.11(d), that attests SOURCE: 51 FR 25472, July 14, 1986, unless to the tank system’s integrity by Jan- otherwise noted. uary 12, 1988. (b) This assessment must determine § 264.190 Applicability. that the tank system is adequately de- The requirements of this subpart signed and has sufficient structural apply to owners and operators of facili- strength and compatibility with the ties that use tank systems for storing waste(s) to be stored or treated, to en- or treating hazardous waste except as sure that it will not collapse, rupture, otherwise provided in paragraphs (a), or fail. At a minimum, this assessment (b), and (c) of this section or in § 264.1 of must consider the following: this part. (1) Design standard(s), if available, (a) Tank systems that are used to according to which the tank and ancil- store or treat hazardous waste which lary equipment were constructed;
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(2) Hazardous characteristics of the testing that the tank system has suffi- waste(s) that have been and will be cient structural integrity and is ac- handled; ceptable for the storing and treating of (3) Existing corrosion protection hazardous waste. The assessment must measures; show that the foundation, structural (4) Documented age of the tank sys- support, seams, connections, and pres- tem, if available (otherwise, an esti- sure controls (if applicable) are ade- mate of the age); and quately designed and that the tank (5) Results of a leak test, internal in- system has sufficient structural spection, or other tank integrity exam- strength, compatibility with the ination such that: waste(s) to be stored or treated, and (i) For non-enterable underground corrosion protection to ensure that it tanks, the assessment must include a will not collapse, rupture, or fail. This leak test that is capable of taking into assessment, which will be used by the account the effects of temperature Regional Administrator to review and variations, tank end deflection, vapor approve or disapprove the acceptability pockets, and high water table effects, of the tank system design, must in- and clude, at a minimum, the following in- (ii) For other than non-enterable un- formation: derground tanks and for ancillary (1) Design standard(s) according to equipment, this assessment must in- which tank(s) and/or the ancillary clude either a leak test, as described equipment are constructed; above, or other integrity examination, (2) Hazardous characteristics of the that is certified by an independent, waste(s) to be handled; qualified, registered professional engi- (3) For new tank systems or compo- neer in accordance with § 270.11(d), that nents in which the external shell of a addresses cracks, leaks, corrosion, and metal tank or any external metal com- erosion. ponent of the tank system will be in [NOTE: The practices described in the contact with the soil or with water, a American Petroleum Institute (API) Publi- cation, Guide for Inspection of Refinery determination by a corrosion expert of: Equipment, Chapter XIII, ‘‘Atmospheric and (i) Factors affecting the potential for Low-Pressure Storage Tanks,’’ 4th edition, corrosion, including but not limited to: 1981, may be used, where applicable, as guide- (A) Soil moisture content; lines in conducting other than a leak test.] (B) Soil pH; (c) Tank systems that store or treat (C) Soil sulfides level; materials that become hazardous (D) Soil resistivity; wastes subsequent to July 14, 1986, (E) Structure to soil potential; must conduct this assessment within 12 (F) Influence of nearby underground months after the date that the waste metal structures (e.g., piping); becomes a hazardous waste. (G) Existence of stray electric cur- (d) If, as a result of the assessment rent; conducted in accordance with para- (H) Existing corrosion-protection graph (a), a tank system is found to be measures (e.g., coating, cathodic pro- leaking or unfit for use, the owner or tection), and operator must comply with the re- (ii) The type and degree of external quirements of § 264.196. corrosion protection that are needed to [51 FR 25472, July 14, 1986; 51 FR 29430, Aug. ensure the integrity of the tank system 15, 1986] during the use of the tank system or component, consisting of one or more § 264.192 Design and installation of of the following: new tank systems or components. (A) Corrosion-resistant materials of (a) Owners or operators of new tank construction such as special alloys, fi- systems or components must obtain berglass reinforced plastic, etc.; and submit to the Regional Adminis- (B) Corrosion-resistant coating (such trator, at time of submittal of part B as epoxy, fiberglass, etc.) with cathodic information, a written assessment, re- protection (e.g., impressed current or viewed and certified by an independent, sacrificial anodes); and qualified registered professional engi- (C) Electrical isolation devices such neer, in accordance with § 270.11(d), at- as insulating joints, flanges, etc.
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[NOTE: The practices described in the Na- and that is installed so that the back- tional Association of Corrosion Engineers fill is placed completely around the (NACE) standard, ‘‘Recommended Practice tank and compacted to ensure that the (RP–02–85)—Control of External Corrosion on Metallic Buried, Partially Buried, or Sub- tank and piping are fully and uni- merged Liquid Storage Systems,’’ and the formly supported. American Petroleum Institute (API) Publi- (d) All new tanks and ancillary cation 1632, ‘‘Cathodic Protection of Under- equipment must be tested for tightness ground Petroleum Storage Tanks and Piping prior to being covered, enclosed, or Systems,’’ may be used, where applicable, as placed in use. If a tank system is found guidelines in providing corrosion protection for tank systems.] not to be tight, all repairs necessary to (4) For underground tank system remedy the leak(s) in the system must components that are likely to be ad- be performed prior to the tank system versely affected by vehicular traffic, a being covered, enclosed, or placed into determination of design or operational use. measures that will protect the tank (e) Ancillary equipment must be sup- system against potential damage; and ported and protected against physical (5) Design considerations to ensure damage and excessive stress due to set- that: tlement, vibration, expansion, or con- (i) Tank foundations will maintain traction. the load of a full tank; [NOTE: The piping system installation pro- (ii) Tank systems will be anchored to cedures described in American Petroleum In- prevent flotation or dislodgment where stitute (API) Publication 1615 (November the tank system is placed in a satu- 1979), ‘‘Installation of Underground Petro- rated zone, or is located within a seis- leum Storage Systems,’’ or ANSI Standard mic fault zone subject to the standards B31.3, ‘‘Petroleum Refinery Piping,’’ and of § 264.18(a); and ANSI Standard B31.4 ‘‘Liquid Petroleum (iii) Tank systems will withstand the Transportation Piping System,’’ may be used, where applicable, as guidelines for effects of frost heave. proper installation of piping systems.] (b) The owner or operator of a new tank system must ensure that proper (f) The owner or operator must pro- handling procedures are adhered to in vide the type and degree of corrosion order to prevent damage to the system protection recommended by an inde- during installation. Prior to covering, pendent corrosion expert, based on the enclosing, or placing a new tank sys- information provided under paragraph tem or component in use, an inde- (a)(3) of this section, or other corrosion pendent, qualified installation inspec- protection if the Regional Adminis- tor or an independent, qualified, reg- istered professional engineer, either of trator believes other corrosion protec- whom is trained and experienced in the tion is necessary to ensure the integ- proper installation of tank systems or rity of the tank system during use of components, must inspect the system the tank system. The installation of a for the presence of any of the following corrosion protection system that is items: field fabricated must be supervised by (1) Weld breaks; an independent corrosion expert to en- (2) Punctures; sure proper installation. (3) Scrapes of protective coatings; (g) The owner or operator must ob- (4) Cracks; tain and keep on file at the facility (5) Corrosion; written statements by those persons (6) Other structural damage or inad- required to certify the design of the equate construction/installation. tank system and supervise the installa- All discrepancies must be remedied be- tion of the tank system in accordance fore the tank system is covered, en- with the requirements of paragraphs closed, or placed in use. (b) through (f) of this section, that at- (c) New tank systems or components test that the tank system was properly that are placed underground and that designed and installed and that repairs, are backfilled must be provided with a pursuant to paragraphs (b) and (d) of backfill material that is a noncorro- this section, were performed. These sive, porous, homogeneous substance written statements must also include
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the certification statement as required containment systems must be at a in § 270.11(d) of this chapter. minimum: (1) Constructed of or lined with mate- [51 FR 25472, July 14, 1986; 51 FR 29430, Aug. 15, 1986] rials that are compatible with the wastes(s) to be placed in the tank sys- § 264.193 Containment and detection tem and must have sufficient strength of releases. and thickness to prevent failure owing (a) In order to prevent the release of to pressure gradients (including static hazardous waste or hazardous constitu- head and external hydrological forces), ents to the environment, secondary physical contact with the waste to containment that meets the require- which it is exposed, climatic condi- ments of this section must be provided tions, and the stress of daily operation (except as provided in paragraphs (f) (including stresses from nearby vehic- and (g) of this section): ular traffic). (1) For all new tank systems or com- (2) Placed on a foundation or base ca- ponents, prior to their being put into pable of providing support to the sec- service; ondary containment system, resistance (2) For all existing tank systems used to pressure gradients above and below to store or treat EPA Hazardous Waste the system, and capable of preventing Nos. F020, F021, F022, F023, F026, and failure due to settlement, compression, F027, within two years after January or uplift; 12, 1987; (3) Provided with a leak-detection (3) For those existing tank systems system that is designed and operated of known and documented age, within so that it will detect the failure of ei- two years after January 12, 1987 or ther the primary or secondary contain- when the tank system has reached 15 ment structure or the presence of any years of age, whichever comes later; release of hazardous waste or accumu- (4) For those existing tank systems lated liquid in the secondary contain- for which the age cannot be docu- ment system within 24 hours, or at the mented, within eight years of January earliest practicable time if the owner 12, 1987; but if the age of the facility is or operator can demonstrate to the Re- greater than seven years, secondary gional Administrator that existing de- containment must be provided by the tection technologies or site conditions time the facility reaches 15 years of will not allow detection of a release age, or within two years of January 12, within 24 hours; and 1987, whichever comes later; and (4) Sloped or otherwise designed or (5) For tank systems that store or operated to drain and remove liquids treat materials that become hazardous resulting from leaks, spills, or precipi- wastes subsequent to January 12, 1987, tation. Spilled or leaked waste and ac- within the time intervals required in cumulated precipitation must be re- paragraphs (a)(1) through (a)(4) of this moved from the secondary contain- section, except that the date that a ment system within 24 hours, or in as material becomes a hazardous waste timely a manner as is possible to pre- must be used in place of January 12, vent harm to human health and the en- 1987. vironment, if the owner or operator (b) Secondary containment systems can demonstrate to the Regional Ad- must be: ministrator that removal of the re- (1) Designed, installed, and operated leased waste or accumulated precipita- to prevent any migration of wastes or tion cannot be accomplished within 24 accumulated liquid out of the system hours. to the soil, ground water, or surface [NOTE: If the collected material is a haz- water at any time during the use of the ardous waste under part 261 of this chapter, tank system; and it is subject to management as a hazardous (2) Capable of detecting and col- waste in accordance with all applicable re- lecting releases and accumulated liq- quirements of parts 262 through 265 of this chapter. If the collected material is dis- uids until the collected material is re- charged through a point source to waters of moved. the United States, it is subject to the re- (c) To meet the requirements of para- quirements of sections 301, 304, and 402 of the graph (b) of this section, secondary Clean Water Act, as amended. If discharged
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to a Publicly Owned Treatment Works will prevent migration of waste into (POTW), it is sub]ect to the requirements of the concrete; section 307 of the Clean Water Act, as (v) Provided with a means to protect amended. If the collected material is re- against the formation of and ignition leased to the environment, it may be subject to the reporting requirements of 40 CFR part of vapors within the vault, if the waste 302.] being stored or treated: (d) Secondary containment for tanks (A) Meets the definition of ignitable must include one or more of the fol- waste under § 262.21 of this chapter; or lowing devices: (B) Meets the definition of reactive (1) A liner (external to the tank); waste under § 262.21 of this chapter, and (2) A vault; may form an ignitable or explosive (3) A double-walled tank; or vapor. (4) An equivalent device as approved (vi) Provided with an exterior mois- by the Regional Administrator ture barrier or be otherwise designed or (e) In addition to the requirements of operated to prevent migration of mois- paragraphs (b), (c), and (d) of this sec- ture into the vault if the vault is sub- tion, secondary containment systems ject to hydraulic pressure. must satisfy the following require- (3) Double-walled tanks must be: ments: (i) Designed as an integral structure (1) External liner systems must be: (i.e., an inner tank completely envel- (i) Designed or operated to contain oped within an outer shell) so that any 100 percent of the capacity of the larg- release from the inner tank is con- est tank within its boundary; tained by the outer 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 of 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 sur- Regional Administrator concludes, round the tank completely and to that the existing detection technology cover all surrounding earth likely to or site conditions would not allow de- come into contact with the waste if the tection of a release within 24 hours. waste is released from the tank(s) (i.e., [NOTE: The provisions outlined in the Steel Tank Institute’s (STI) Standard for Dual capable of preventing lateral as well as ‘‘ Wall Underground Steel Storage Tanks’’ may vertical migration of the waste). be used as guidelines for aspects of the de- (2) Vault systems must be: sign of underground steel double-walled (i) Designed or operated to contain tanks.] 100 percent of the capacity of the larg- (f) Ancillary equipment must be pro- est tank within its boundary; vided with secondary containment (ii) Designed or operated to prevent (e.g., trench, jacketing, double-walled run-on or infiltration of precipitation piping) that meets the requirements of into the secondary containment sys- paragraphs (b) and (c) of this section tem unless the collection system has except for: sufficient excess capacity to contain (1) Aboveground piping (exclusive of run-on or infiltration. Such additional flanges, joints, valves, and other con- capacity must be sufficient to contain nections) that are visually inspected precipitation from a 25-year, 24-hour for leaks on a daily basis; rainfall event: (2) Welded flanges, welded joints, and (iii) Constructed with chemical-re- welded connections, that are visually sistant water stops in place at all inspected for leaks on a daily basis; joints (if any): (3) Sealless or magnetic coupling (iv) Provided with an impermeable pumps and sealless valves, that are vis- interior coating or lining that is com- ually inspected for leaks on a daily patible with the stored waste and that basis; and
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(4) Pressurized aboveground piping system, including its potential for mi- systems with automatic shut-off de- gration. vices (e.g., excess flow check valves, (B) The hydrogeological characteris- flow metering shutdown devices, loss of tics of the facility and surrounding pressure actuated shut-off devices) that land, are visually inspected for leaks on a (C) The potential for health risks daily basis. caused by human exposure to waste (g) The owner or operator may obtain constituents, a variance from the requirements of (D) The potential for damage to wild- this section if the Regional Adminis- life, crops, vegetation, and physical trator finds, as a result of a demonstra- structures caused by exposure to waste tion by the owner or operator that al- constituents, and ternative design and operating prac- (E) The persistence and permanence tices, together with location character- of the potential adverse effects; istics, will prevent the migration of (ii) The potential adverse effects of a any hazardous waste or hazardous con- release on ground-water quality, tak- stituents into the ground water; or sur- ing into account: face water at least as effectively as (A) The quantity and quality of secondary containment during the ac- ground water and the direction of tive life of the tank system or that in ground-water flow, the event of a release that does mi- (B) The proximity and withdrawal grate to ground water or surface water, rates of ground-water users, no substantial present or potential haz- (C) The current and future uses of ard will be posed to human health or ground water in the area, and the environment. New underground (D) The existing quality of ground tank systems may not, per a dem- water, including other sources of con- onstration in accordance with para- tamination and their cumulative im- graph (g)(2) of this section, be exempt- pact on the ground-water quality; ed from the secondary containment re- (iii) The potential adverse effects of a quirements of this section. release on surface water quality, tak- (1) In deciding whether to grant a ing into account: variance based on a demonstration of (A) The quantity and quality of equivalent protection of ground water ground water and the direction of and surface water, the Regional Ad- ground-water flow, ministrator will consider: (B) The patterns of rainfall in the re- gion, (i) The nature and quantity of the (C) The proximity of the tank system wastes; to surface waters, (ii) The proposed alternate design (D) The current and future uses of and operation; surface waters in the area and any (iii) The hydrogeologic setting of the water quality standards established for facility, including the thickness of those surface waters, and soils present between the tank system (E) The existing quality of surface and ground water, and water, including other sources of con- (iv) All other factors that would in- tamination and the cumulative impact fluence the quality and mobility of the on surface-water quality; and hazardous constituents and the poten- (iv) The potential adverse effects of a tial for them to migrate to ground release on the land surrounding the water or surface water tank system, taking into account: (2) In deciding whether to grant a (A) The patterns of rainfall in the re- variance based on a demonstration of gion, and no substantial present or potential haz- (B) The current and future uses of ard, the Regional Administrator will the surrounding land. consider: (3) The owner or operator of a tank (i) The potential adverse effects on system, for which a variance from sec- ground water, surface water, and land ondary containment had been granted quality taking into account: in accordance with the requirements of (A) The physical and chemical char- paragraph (g)(1) of this section, at acteristics of the waste in the tank which a release of hazardous waste has
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occurred from the primary tank sys- (h) The following procedures must be tem but has not migrated beyond the followed in order to request a variance zone of engineering control (as estab- from secondary containment: lished in the variance), must: (1) The Regional Administrator must (i) Comply with the requirements of be notified in writing by the owner or § 264.196, except paragraph (d), and operator that he intends to conduct (ii) Decontaminate or remove con- and submit a demonstration for a vari- taminated soil to the extent necessary ance from secondary containment as to: allowed in paragraph (g) of this section (A) Enable the tank system for which according to the following schedule: the variance was granted to resume op- (i) For existing tank systems, at eration with the capability for the de- least 24 months prior to the date that tection of releases at least equivalent secondary containment must be pro- to the capability it had prior to the re- vided in accordance with paragraph (a) lease; and of this section. (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. (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 requirement tion of the steps necessary to conduct of § 264.197(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 within 180 days occurred from the primary tank sys- after notifying the Regional Adminis- tem and has migrated beyond the zone trator of an intent to conduct the dem- of engineering control (as established onstration; and in the variance), must: (4) If a variance is granted under this (i) Comply with the requirements of paragraph, the Regional Administrator § 264.196 (a), (b), (c), and (d); and will require the permittee to construct (ii) Prevent the migration of haz- and operate the tank system in the ardous waste or hazardous constituents manner that was demonstrated to meet to ground water or surface water, if the requirements for the variance. possible, and decontaminate or remove (i) All tank systems, until such time contaminated soil. If contaminated soil as secondary containment that meets cannot be decontaminated or removed the requirements of this section is pro- or if ground water has been contami- vided, must comply with the following: nated, the owner or operator must (1) For non-enterable underground comply with the requirements of tanks, a leak test that meets the re- § 264.197(b); and quirements of § 264.191(b)(5) or other (iii) If repairing, replacing, or re- tank integrity method, as approved or installing the tank system, provide required by the Regional Adminis- secondary containment in accordance trator, must be conducted at least an- with the requirements of paragraphs nually. (a) through (f) of this section or re- (2) For other than non-enterable un- apply for a variance from secondary derground tanks, the owner or operator containment and meet the require- must either conduct a leak test as in ments for new tank systems in § 264.192 paragraph (i)(1) of this section or de- if the tank system is replaced. The velop a schedule and procedure for an owner or operator must comply with assessment of the overall condition of these requirements even if contami- the tank system by an independent, nated soil can be decontaminated or re- qualified registered professional engi- moved and ground water or surface neer. The schedule and procedure must water has not been contaminated. be adequate to detect obvious cracks,
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leaks, and corrosion or erosion that (2) Overfill prevention controls (e.g., may lead to cracks and leaks. The level sensing devices, high level owner or operator must remove the alarms, automatic feed cutoff, or by- stored waste from the tank, if nec- pass to a standby tank); and essary, to allow the condition of all in- (3) Maintenance of sufficient ternal tank surfaces to be assessed. freeboard in uncovered tanks to pre- The frequency of these assessments vent overtopping by wave or wind ac- must be based on the material of con- tion or by precipitation. struction of the tank and its ancillary (c) The owner or operator must com- equipment, the age of the system, the ply with the requirements of § 264.196 if type of corrosion or erosion protection a leak or spill occurs in the tank sys- used, the rate of corrosion or erosion tem. observed during the previous inspec- tion, and the characteristics of the § 264.195 Inspections. waste being stored or treated. (a) The owner or operator must de- (3) For ancillary equipment, a leak velop and follow a schedule and proce- test or other integrity assessment as dure for inspecting overfill controls. approved by the Regional Adminis- (b) The owner or operator must in- trator must be conducted at least an- spect at least once each operating day: nually. (1) Aboveground portions of the tank [NOTE: The practices described in the system, if any, to detect corrosion or American Petroleum Institute (API) Publi- releases of waste; cation Guide for Inspection of Refinery (2) Data gathered from monitoring Equipment, Chapter XIII, ‘‘Atmospheric and Low-Pressure Storage Tanks,’’ 4th edition, and leak detection equipment (e.g., 1981, may be used, where applicable, as guide- pressure or temperature gauges, moni- lines for assessing the overall condition of toring wells) to ensure that the tank the tank system.] system is being operated according to (4) The owner or operator must main- its design; and tain on file at the facility a record of (3) The construction materials and the results of the assessments con- the area immediately surrounding the ducted in accordance with paragraphs externally accessible portion of the (i)(1) through (i)(3) of this section. tank system, including the secondary (5) If a tank system or component is containment system (e.g., dikes) to de- found to be leaking or unfit for use as tect erosion or signs of releases of haz- a result of the leak test or assessment ardous waste (e.g., wet spots, dead in paragraphs (i)(1) through (i)(3) of vegetation). this section, the owner or operator [NOTE: Section 264.15(c) requires the owner must comply with the requirements of or operator to remedy any deterioration or § 264.196. malfunction he finds. Section 264.196 requires the owner or operator to notify the Regional [51 FR 25472, July 14, 1986; 51 FR 29430, Aug. Administrator within 24 hours of confirming 15, 1986, as amended at 53 FR 34086, Sept. 2, a leak. Also, 40 CFR part 302 may require the 1988] owner or operator to notify the National Re- sponse Center of a release.] § 264.194 General operating require- (c) The owner or operator must in- ments. spect cathodic protection systems, if (a) Hazardous wastes or treatment present, according to, at a minimum, reagents must not be placed in a tank the following schedule to ensure that system if they could cause the tank, its they are functioning properly: ancillary equipment, or the contain- (1) The proper operation of the ca- ment system to rupture, leak, corrode, thodic protection system must be con- or otherwise fail. firmed within six months after initial (b) The owner or operator must use installation and annually thereafter; appropriate controls and practices to and prevent spills and overflows from tank (2) All sources of impressed current or containment systems. These include must be inspected and/or tested, as ap- at a minimum: propriate, at least bimonthly (i.e., (1) Spill prevention controls (e.g., every other month). check valves, dry disconnect cou- [NOTE: The practices described in the Na- plings); tional Association of Corrosion Engineers
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(NACE) standard, ‘‘Recommended Practice (2) Remove, and properly dispose of, (RP–02–85)—Control of External Corrosion on any visible contamination of the soil or Metallic Buried, Partially Buried, or Sub- surface water. merged Liquid Storage Systems,’’ and the American Petroleum Institute (API) Publi- (d) Notifications, reports. (1) Any re- cation 1632, ‘‘Cathodic Protection of Under- lease to the environment, except as ground Petroleum Storage Tanks and Piping provided in paragraph (d)(2) of this sec- Systems,’’ may be used, where applicable, as tion, must be reported to the Regional guidelines in maintaining and inspecting ca- Administrator within 24 hours of its thodic protection systems.] detection. If the release has been re- (d) The owner or operator must docu- ported pursuant to 40 CFR part 302, ment in the operating record of the fa- that report will satisfy this require- cility an inspection of those items in ment. paragraphs (a) through (c) of this sec- (2) A leak or spill of hazardous waste tion. is exempted from the requirements of this paragraph if it is: § 264.196 Response to leaks or spills and disposition of leaking or unfit- (i) Less than or equal to a quantity of for-use tank systems. one (1) pound, and (ii) Immediately contained and A tank system or secondary contain- cleaned up. ment system from which there has (3) Within 30 days of detection of a been a leak or spill, or which is unfit release to the environment, a report for use, must be removed from service containing the following information immediately, and the owner or oper- must be submitted to the Regional Ad- ator must satisfy the following require- ministrator: ments: (i) Likely route of migration of the (a) Cessation of use; prevent flow or ad- release; dition of wastes. The owner or operator must immediately stop the flow of haz- (ii) Characteristics of the sur- ardous waste into the tank system or rounding soil (soil composition, geol- secondary containment system and in- ogy, hydrogeology, climate); spect the system to determine the (iii) Results of any monitoring or cause of the release. sampling conducted in connection with (b) Removal of waste from tank system the release (if available). If sampling or or secondary containment system. (1) If monitoring data relating to the release the release was from the tank system, are not available within 30 days, these the owner/operator must, within 24 data must be submitted to the Re- hours after detection of the leak or, if gional Administrator as soon as they the owner/operator demonstrates that become available. it is not possible, at the earliest prac- (iv) Proximity to downgradient ticable time, remove as much of the drinking water, surface water, and pop- waste as is necessary to prevent fur- ulated areas; and ther release of hazardous waste to the (v) Description of response actions environment and to allow inspection taken or planned. and repair of the tank system to be (e) Provision of secondary containment, performed. repair, or closure. (1) Unless the owner/ (2) If the material released was to a operator satisfies the requirements of secondary containment system, all re- paragraphs (e)(2) through (4) of this leased materials must be removed section, the tank system must be within 24 hours or in as timely a man- closed in accordance with § 264.197. ner as is possible to prevent harm to (2) If the cause of the release was a human health and the environment. spill that has not damaged the integ- (c) Containment of visible releases to rity of the system, the owner/operator the environment. The owner/operator may return the system to service as must immediately conduct a visual in- soon as the released waste is removed spection of the release and, based upon and repairs, if necessary, are made. that inspection: (3) If the cause of the release was a (1) Prevent further migration of the leak from the primary tank system leak or spill to soils or surface water; into the secondary containment sys- and tem, the system must be repaired prior
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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 § 264.15(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 may require the owner or operator ator must provide the component of to notify the National Response Center of certain releases.] the system from which the leak oc- curred with secondary containment [51 FR 25472, July 14, 1986; 51 FR 29430, Aug. that satisfies the requirements of 15, 1986, as amended at 53 FR 34086, Sept. 2, § 264.193 before it can be returned to 1988] service, unless the source of the leak is an aboveground portion of a tank sys- § 264.197 Closure and post-closure tem that can be inspected visually. If care. the source is an aboveground compo- (a) At closure of a tank system, the nent that can be inspected visually, the owner or operator must remove or de- component must be repaired and may contaminate all waste residues, con- be returned to service without sec- taminated containment system compo- ondary containment as long as the re- nents (liners, etc.), contaminated soils, quirements of paragraph (f) of this sec- and structures and equipment contami- tion are satisfied. If a component is re- nated with waste, and manage them as placed to comply with the require- hazardous waste, unless § 261.3(d) of ments of this subparagraph, that com- this chapter applies. The closure plan, ponent must satisfy the requirements closure activities, cost estimates for for new tank systems or components in closure, and financial responsibility for §§ 264.192 and 264.193. Additionally, if a tank systems must meet all of the re- leak has occurred in any portion of a quirements specified in subparts G and tank system component that is not H of this part. readily accessible for visual inspection (b) If the owner or operator dem- (e.g., the bottom of an inground or onstrates that not all contaminated onground tank), the entire component soils can be practicably removed or de- must be provided with secondary con- contaminated as required in paragraph tainment in accordance with § 264.193 (a) of this section, then the owner or prior to being returned to use. operator must close the tank system (f) Certification of major repairs. If the and perform post-closure care in ac- owner/operator has repaired a tank sys- cordance with the closure and post-clo- tem in accordance with paragraph (e) sure care requirements that apply to of this section, and the repair has been landfills (§ 264.310). In addition, for the extensive (e.g., installation of an inter- purposes of closure, post-closure, and nal liner; repair of a ruptured primary financial responsibility, such a tank containment or secondary containment system is then considered to be a land- vessel), the tank system must not be fill, and the owner or operator must returned to service unless the owner/ meet all of the requirements for land- operator has obtained a certification fills specified in subparts G and H of by an independent, qualified, reg- this part. istered, professional engineer in ac- (c) If an owner or operator has a tank cordance with § 270.11(d) that the re- system that does not have secondary paired system is capable of handling containment that meets the require- hazardous wastes without release for ments of § 264.193 (b) through (f) and the intended life of the system. This has not been granted a variance from certification must be submitted to the the secondary containment require- Regional Administrator within seven ments in accordance with § 264.193(g), days after returning the tank system then: to use. (1) The closure plan for the tank sys- [NOTE: The Regional Administrator may, tem must include both a plan for com- on the basis of any information received that there is or has been a release of hazardous plying with paragraph (a) of this sec- waste or hazardous constituents into the en- tion and a contingent plan for com- vironment, issue an order under RCRA sec- plying with paragraph (b) of this sec- tion 3004(v), 3008(h), or 7003(a) requiring cor- tion.
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(2) A contingent post-closure plan for Combustible Liquids Code,’’ (1977 or complying with paragraph (b) of this 1981), (incorporated by reference, see section must be prepared and sub- § 260.11). mitted as part of the permit applica- tion. § 264.199 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 wastes and materials, must not contingent closure plan and the contin- be placed in the same tank system, un- gent post-closure plan, if those costs less § 264.17(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 expected closure under paragraph (a) of been decontaminated and that pre- this section. viously held an incompatible waste or (4) Financial assurance must be based material, unless § 264.17(b) is complied on the cost estimates in paragraph with. (c)(3) of this section. (5) For the purposes of the contingent § 264.200 Air emission standards. closure and post-closure plans, such a tank system is considered to be a land- The owner or operator shall manage fill, and the contingent plans must all hazardous waste placed in a tank in meet all of the closure, post-closure, accordance with the applicable require- and financial responsibility require- ments of subparts AA, BB, and CC of ments for landfills under subparts G this part. and H of this part. [61 FR 59950, Nov. 25, 1996] [51 FR 25472, July 14, 1986; 51 FR 29430, Aug. 15, 1986] Subpart K—Surface Impoundments § 264.198 Special requirements for ig- nitable or reactive wastes. (a) Ignitable or reactive waste must SOURCE: 47 FR 32357, July 26, 1982, unless otherwise noted. not be placed in tank systems, unless: (1) The waste is treated, rendered, or § 264.220 Applicability. mixed before or immediately after placement in the tank system so that: The regulations in this subpart apply (i) The resulting waste, mixture, or to owners and operators of facilities dissolved material no longer meets the that use surface impoundments to definition of ignitable or reactive treat, store, or dispose of hazardous waste under §§ 261.21 or 261.23 of this waste except as § 264.1 provides other- chapter, and wise. (ii) Section 264.17(b) is complied with; or § 264.221 Design and operating re- (2) The waste is stored or treated in quirements. such a way that it is protected from (a) Any surface impoundment that is any material or conditions that may not covered by paragraph (c) of this cause the waste to ignite or react; or section or § 265.221 of this chapter must (3) The tank system is used solely for have a liner for all portions of the im- emergencies. poundment (except for existing por- (b) The owner or operator of a facil- tions of such impoundments). The liner ity where ignitable or reactive waste is must be designed, constructed, and in- stored or treated in a tank must com- stalled to prevent any migration of ply with the requirements for the wastes out of the impoundment to the maintenance of protective distances adjacent subsurface soil or ground between the waste management area water or surface water at any time dur- and any public ways, streets, alleys, or ing the active life (including the clo- an adjoining property line that can be sure period) of the impoundment. The built upon as required in Tables 2–1 liner may be constructed of materials through 2–6 of the National Fire Pro- that may allow wastes to migrate into tection Association’s ‘‘Flammable and the liner (but not into the adjacent 293
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subsurface soil or ground water or sur- construction commences after January face water) during the active life of the 29, 1992, each lateral expansion of a sur- facility, provided that the impound- face impoundment unit on which con- ment is closed in accordance with struction commences after July 29, 1992 § 264.228(a)(1). For impoundments that and each replacement of an existing will be closed in accordance with surface impoundment unit that is to § 264.228(a)(2), the liner must be con- commence reuse after July 29, 1992 structed of materials that can prevent must install two or more liners and a wastes from migrating into the liner leachate collection and removal sys- during the active life of the facility. tem between such liners. ‘‘Construction The liner must be: commences’’ is as defined in § 260.10 of (1) Constructed of materials that this chapter under ‘‘existing facility’’. have appropriate chemical properties (1)(i) The liner system must include: and sufficient strength and thickness (A) A top liner designed and con- to prevent failure due to pressure gra- structed of materials (e.g., a dients (including static head and exter- geomembrane) to prevent the migra- nal hydrogeologic forces), physical con- tion of hazardous constituents into tact with the waste or leachate to such liner during the active life and which they are exposed, climatic condi- post-closure care period; and tions, the stress of installation, and (B) A composite bottom liner, con- the stress of daily operation; sisting of at least two components. The (2) Placed upon a foundation or base upper component must be designed and capable of providing support to the constructed of materials (e.g., a liner and resistance to pressure gra- geomembrane) to prevent the migra- dients above and below the liner to pre- tion of hazardous constituents into vent failure of the liner due to settle- this component during the active life ment, compression, or uplift; and and post-closure care period. The lower (3) Installed to cover all surrounding component must be designed and con- earth likely to be in contact with the structed of materials to minimize the waste or leachate. (b) The owner or operator will be ex- migration of hazardous constituents if empted from the requirements of para- a breach in the upper component were graph (a) of this section if the Regional to occur. The lower component must be Administrator finds, based on a dem- constructed of at least 3 feet (91 cm) of onstration by the owner or operator, compacted soil material with a hydrau- × that alternate design and operating lic conductivity of no more than 1 10/ ¥7 practices, together with location char- / cm/sec. acteristics, will prevent the migration (ii) The liners must comply with of any hazardous constituents (see paragraphs (a) (1), (2), and (3) of this § 264.93) into the ground water or sur- section. face water at any future time. In decid- (2) The leachate collection and removal ing whether to grant an exemption, the system between the liners, and imme- Regional Administrator will consider: diately above the bottom composite (1) The nature and quantity of the liner in the case of multiple leachate wastes; collection and removal systems, is also (2) The proposed alternate design and a leak detection system. This leak detec- operation; tion system must be capable of detect- (3) The hydrogeologic setting of the ing, collecting, and removing leaks of facility, including the attenuative ca- hazardous constituents at the earliest pacity and thickness of the liners and practicable time through all areas of soils present between the impoundment the top liner likely to be exposed to and ground water or surface water; and waste or leachate during the active life (4) All other factors which would in- and post-closure care period. The re- fluence the quality and mobility of the quirements for a leak detection system leachate produced and the potential for in this paragraph are satisfied by in- it to migrate to ground water or sur- stallation of a system that is, at a min- face water. imum: (c) The owner or operator of each new (i) Constructed with a bottom slope surface impoundment unit on which of one percent or more;
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(ii) Constructed of granular drainage (2) Will allow detection of leaks of materials with a hydraulic conduc- hazardous constituents through the top tivity of 1×10/¥1/ cm/sec or more and a liner at least as effectively. thickness of 12 inches (30.5 cm) or (e) The double liner requirement set more; or constructed of synthetic or forth in paragraph (c) of this section geonet drainage materials with a may be waived by the Regional Admin- transmissivity of 3×10/¥4/ m2sec or istrator for any monofill, if: more; (1) The monofill contains only haz- (iii) Constructed of materials that ardous wastes from foundry furnace are chemically resistant to the waste emission controls or metal casting managed in the surface impoundment molding sand, and such wastes do not and the leachate expected to be gen- contain constituents which would erated, and of sufficient strength and render the wastes hazardous for rea- thickness to prevent collapse under the sons other than the EP toxicity char- pressures exerted by overlying wastes acteristics in § 261.24 of this chapter; and any waste cover materials or and equipment used at the surface im- (2)(i)(A) The monofill has at least one poundment; liner for which there is no evidence (iv) Designed and operated to mini- that such liner is leaking. For the pur- mize clogging during the active life poses of this paragraph, the term and post-closure care period; and ‘‘liner’’ means a liner designed, con- (v) Constructed with sumps and liq- structed, installed, and operated to uid removal methods (e.g., pumps) of prevent hazardous waste from passing sufficient size to collect and remove into the liner at any time during the active life of the facility, or a liner de- liquids from the sump and prevent liq- signed, constructed, installed, and op- uids from backing up into the drainage erated to prevent hazardous waste from layer. Each unit must have its own migrating beyond the liner to adjacent sump(s). The design of each sump and subsurface soil, ground water, or sur- removal system must provide a method face water at any time during the ac- for measuring and recording the vol- tive life of the facility. In the case of ume of liquids present in the sump and any surface impoundment which has of liquids removed. been exempted from the requirements (3) The owner or operator shall col- of paragraph (c) of this section on the lect and remove pumpable liquids in basis of a liner designed, constructed, the sumps to minimize the head on the installed, and operated to prevent haz- bottom liner. ardous waste from passing beyond the (4) The owner or operator of a leak liner, at the closure of such impound- detection system that is not located ment, the owner or operator must re- completely above the seasonal high move or decontaminate all waste resi- water table must demonstrate that the dues, all contaminated liner material, operation of the leak detection system and contaminated soil to the extent will not be adversely affected by the practicable. If all contaminated soil is presence of ground water. not removed or decontaminated, the (d) The Regional Administrator may owner or operator of such impound- approve alternative design or operating ment will comply with appropriate practices to those specified in para- post-closure requirements, including graph (c) of this section if the owner or but not limited to ground-water moni- operator demonstrates to the Regional toring and corrective action; Administrator that such design and op- (B) The monofill is located more than erating practices, together with loca- one-quarter mile from an underground tion characteristics: source of drinking water (as that term (1) Will prevent the migration of any is defined in § 144.3 of this chapter); and hazardous constituent into the ground (C) The monofill is in compliance water or surface water at least as effec- with generally applicable ground-water tively as the liners and leachate collec- monitoring requrements for facilities tion and removal system specified in with permits under RCRA section paragraph (c) of this section; and 3005(c); or
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(ii) The owner or operator dem- ation, and location of the LDS, waste onstrates that the monofill is located, and leachate characteristics, likeli- designed and operated so as to assure hood and amounts of other sources of that there will be no migration of any liquids in the LDS, and proposed re- hazardous constituent into ground sponse actions (e.g., the action leakage water or surface water at any future rate must consider decreases in the time. flow capacity of the system over time (f) The owner or operator of any re- resulting from siltation and clogging, placement surface impoundment unit rib layover and creep of synthetic com- is exempt from paragraph (c) of this ponents of the system, overburden section if: pressures, etc.). (1) The existing unit was constructed (b) To determine if the action leak- in compliance with the design stand- age rate has been exceeded, the owner ards of sections 3004 (o)(1)(A)(i) and or operator must convert the weekly or (o)(5) of the Resource Conservation and monthly flow rate from the monitoring Recovery Act; and data obtained under § 264.226(d) to an (2) There is no reason to believe that average daily flow rate (gallons per the liner is not functioning as de- acre per day) for each sump. Unless the signed. Regional Administrator approves a dif- (g) A surface impoundment must be ferent calculation, the average daily designed, constructed, maintained, and flow rate for each sump must be cal- operated to prevent overtopping result- culated weekly during the active life ing from normal or abnormal oper- and closure period, and if the unit is ations; overfilling; wind and wave ac- closed in accordance with § 264.228(b), tion; rainfall; run-on; malfunctions of monthly during the post-closure care level controllers, alarms, and other period when monthly monitoring is re- equipment; and human error. quired under § 264.226(d). (h) A surface impoundment must [57 FR 3487, Jan. 29, 1992] have dikes that are designed, con- structed, and maintained with suffi- § 264.223 Response actions. cient structural integrity to prevent (a) The owner or operator of surface massive failure of the dikes. In ensur- impoundment units subject to § 264.221 ing structural integrity, it must not be (c) or (d) must have an approved re- presumed that the liner system will sponse action plan before receipt of function without leakage during the waste. The response action plan must active life of the unit. set forth the actions to be taken if the (i) The Regional Administrator will action leakage rate has been exceeded. specify in the permit all design and op- At a minimum, the response action erating practices that are necessary to plan must describe the actions speci- ensure that the requirements of this fied in paragraph (b) of this section. section are satisfied. (b) If the flow rate into the leak de- [47 FR 32357, July 26, 1982, as amended at 50 tection system exceeds the action leak- FR 4514, Jan. 31, 1985; 50 FR 28747, July 15, age rate for any sump, the owner or op- 1985; 57 FR 3487, Jan. 29, 1992] erator must: (1) Notify the Regional Adminis- § 264.222 Action leakage rate. trator in writing of the exceedence (a) The Regional Administrator shall within 7 days of the determination; approve an action leakage rate for sur- (2) Submit a preliminary written as- face impoundment units subject to sessment to the Regional Adminis- § 264.221 (c) or (d). The action leakage trator within 14 days of the determina- rate is the maximum design flow rate tion, as to the amount of liquids, likely that the leak detection system (LDS) sources of liquids, possible location, can remove without the fluid head on size, and cause of any leaks, and short- the bottom liner exceeding 1 foot. The term actions taken and planned; action leakage rate must include an (3) Determine to the extent prac- adequate safety margin to allow for un- ticable the location, size, and cause of certainties in the design (e.g., slope, any leak; hydraulic conductivity, thickness of (4) Determine whether waste receipt drainage material), construction, oper- should cease or be curtailed, whether
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any waste should be removed from the inperfections including lenses, cracks, unit for inspection, repairs, or con- channels, root holes, or other struc- trols, and whether or not the unit tural non-uniformities that may cause should be closed; an increase in the permeability of the (5) Determine any other short-term liner or cover. and longer-term actions to be taken to (b) While a surface impoundment is mitigate or stop any leaks; and in operation, it must be inspected (6) Within 30 days after the notifica- weekly and after storms to detect evi- tion that the action leakage rate has dence of any of the following: been exceeded, submit to the Regional (1) Deterioration, malfunctions, or Administrator the results of the anal- improper operation of overtopping con- yses specified in paragraphs (b) (3), (4), trol systems; and (5) of this section, the results of ac- (2) Sudden drops in the level of the tions taken, and actions planned. impoundment’s contents; and Monthly thereafter, as long as the flow (3) Severe erosion or other signs of rate in the leak detection system ex- deterioration in dikes or other contain- ceeds the action leakage rate, the ment devices. owner or operator must submit to the (c) Prior to the issuance of a permit, Regional Administrator a report sum- and after any extended period of time marizing the results of any remedial (at least six months) during which the actions taken and actions planned. impoundment was not in service, the (c) To make the leak and/or remedi- owner or operator must obtain a cer- ation determinations in paragraphs (b) tification from a qualified engineer (3), (4), and (5) of this section, the that the impoundment’s dike, includ- owner or operator must: ing that portion of any dike which pro- (1)(i) Assess the source of liquids and vides freeboard, has structural integ- amounts of liquids by source, rity. The certification must establish, (ii) Conduct a fingerprint, hazardous in particular, that the dike: constituent, or other analyses of the (1) Will withstand the stress of the liquids in the leak detection system to pressure exerted by the types and identify the source of liquids and pos- amounts of wastes to be placed in the sible location of any leaks, and the impoundment; and hazard and mobility of the liquid; and (2) Will not fail due to scouring or (iii) Assess the seriousness of any piping, without dependence on any leaks in terms of potential for escaping liner system included in the surface into the environment; or impoundment construction. (2) Document why such assessments (d)(1) An owner or operator required are not needed. to have a leak detection system under [57 FR 3488, Jan. 29, 1992] § 264.221 (c) or (d) must record the amount of liquids removed from each §§ 264.224—264.225 [Reserved] leak detection system sump at least once each week during the active life § 264.226 Monitoring and inspection. and closure period. (a) During construction and installa- (2) After the final cover is installed, tion, liners (except in the case of exist- the amount of liquids removed from ing portions of surface impoundments each leak detection system sump must exempt from § 264.221(a)) and cover sys- be recorded at least monthly. If the liq- tems (e.g., membranes, sheets, or coat- uid level in the sump stays below the ings) must be inspected for uniformity, pump operating level for two consecu- damage, and imperfections (e.g., holes, tive months, the amount of liquids in cracks, thin spots, or foreign mate- the sumps must be recorded at least rials). Immediately after construction quarterly. If the liquid level in the or installation: sump stays below the pump operating (1) Synthetic liners and covers must level for two consecutive quarters, the be inspected to ensure tight seams and amount of liquids in the sumps must be joints and the absence of tears, punc- recorded at least semi-annually. If at tures, or blisters; and any time during the post-closure care (2) Soil-based and admixed liners and period the pump operating level is ex- covers must be inspected for ceeded at units on quarterly or semi-
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annual recording schedules, the owner was failing is repaired and the fol- or operator must return to monthly re- lowing steps are taken: cording of amounts of liquids removed (1) If the impoundment was removed from each sump until the liquid level from service as the result of actual or again stays below the pump operating imminent dike failure, the dike’s level for two consecutive months. structural integrity must be recertified (3) ‘‘Pump operating level’’ is a liquid in accordance with § 264.226(c). level proposed by the owner or operator (2) If the impoundment was removed and approved by the Regional Adminis- from service as the result of a sudden trator based on pump activation level, drop in the liquid level, then: sump dimensions, and level that avoids (i) For any existing portion of the backup into the drainage layer and impoundment, a liner must be installed minimizes head in the sump. in compliance with § 264.221(a); and [47 FR 32357, July 26, 1982, as amended at 50 (ii) For any other portion of the im- FR 4514, Jan. 31, 1985; 50 FR 28748, July 15, poundment, the repaired liner system 1985; 57 FR 3488, Jan. 29, 1992] must be certified by a qualified engi- neer as meeting the design specifica- § 264.227 Emergency repairs; contin- tions approved in the permit. gency plans. (e) A surface impoundment that has (a) A surface impoundment must be been removed from service in accord- removed from service in accordance ance with the requirements of this sec- with paragraph (b) of this section tion and that is not being repaired when: must be closed in accordance with the (1) The level of liquids in the im- provisions of § 264.228. poundment suddenly drops and the [47 FR 32357, July 26, 1982, as amended at 50 drop is not known to be caused by FR 28748, July 15, 1985] changes in the flows into or out of the impoundment; or § 264.228 Closure and post-closure (2) The dike leaks. care. (b) When a surface impoundment (a) At closure, the owner or operator must be removed from service as re- must: quired by paragraph (a) of this section, (1) Remove or decontaminate all the owner or operator must: waste residues, contaminated contain- (1) Immediately shut off the flow or ment system components (liners, etc.), stop the addition of wastes into the im- contaminated subsoils, and structures poundment; and equipment contaminated with (2) Immediately contain any surface waste and leachate, and manage them leakage which has occurred or is occur- as hazardous waste unless § 261.3(d) of ring; this chapter applies; or (3) Immediately stop the leak; (2)(i) Eliminate free liquids by re- (4) Take any other necessary steps to moving liquid wastes or solidifying the stop or prevent catastrophic failure; remaining wastes and waste residues; (5) If a leak cannot be stopped by any (ii) Stabilize remaining wastes to a other means, empty the impoundment; bearing capacity sufficient to support and final cover; and (6) Notify the Regional Adminis- (iii) Cover the surface impoundment trator of the problem in writing within with a final cover designed and con- seven days after detecting the problem. structed to: (c) As part of the contingency plan (A) Provide long-term minimization required in subpart D of this part, the of the migration of liquids through the owner or operator must specify a pro- closed impoundment; cedure for complying with the require- (B) Function with minimum mainte- ments of paragraph (b) of this section. nance; (d) No surface impoundment that has (C) Promote drainage and minimize been removed from service in accord- erosion or abrasion of the final cover; ance with the requirements of this sec- (D) Accommodate settling and sub- tion may be restored to service unless sidence so that the cover’s integrity is the portion of the impoundment which maintained; and
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(E) Have a permeability less than or contingent closure plan and the contin- equal to the permeability of any bot- gent post-closure plan, but are not re- tom liner system or natural subsoils quired to include the cost of expected present. closure under paragraph (a)(1) of this (b) If some waste residues or con- section. taminated materials are left in place [47 FR 32357, July 26, 1982, as amended at 50 at final closure, the owner or operator FR 28748, July 15, 1985; 57 FR 3488, Jan. 29, must comply with all post-closure re- 1992] quirements contained in §§ 264.117 through 264.120, including maintenance § 264.229 Special requirements for ig- and monitoring throughout the post- nitable or reactive waste. closure care period (specified in the Ignitable or reactive waste must not permit under § 264.117). The owner or be placed in a surface impoundment, operator must: unless the waste and impoundment sat- (1) Maintain the integrity and effec- isfy all applicable requirements of 40 tiveness of the final cover, including CFR part 268, and: making repairs to the cap as necessary (a) The waste is treated, rendered, or to correct the effects of settling, sub- mixed before or immediately after sidence, erosion, or other events; placement in the impoundment so that: (2) Maintain and monitor the leak de- (1) The resulting waste, mixture, or tection system in accordance with dissolution of material no longer meets §§ 264.221(c)(2)(iv) and (3) and 264.226(d), the definition of ignitable or reactive and comply with all other applicable waste under § 261.21 or § 261.23 of this leak detection system requirements of chapter; and this part; (2) Section 264.17(b) is complied with; (3) Maintain and monitor the ground- or water monitoring system and comply (b) The waste is managed in such a with all other applicable requirements way that it is protected from any ma- of subpart F of this part; and terial or conditions which may cause it (4) Prevent run-on and run-off from to ignite or react; or eroding or otherwise damaging the (c) The surface impoundment is used final cover. solely for emergencies. (c)(1) If an owner or operator plans to [47 FR 32357, July 26, 1982, as amended at 55 close a surface impoundment in accord- FR 22685, June 1, 1990] ance with paragraph (a)(1) of this sec- tion, and the impoundment does not § 264.230 Special requirements for in- comply with the liner requirements of compatible wastes. § 264.221(a) and is not exempt from Incompatible wastes, or incompatible them in accordance with § 264.221(b), wastes and materials, (see appendix V then: of this part for examples) must not be (i) The closure plan for the impound- placed in the same surface impound- ment under § 264.112 must include both ment, unless § 264.17(b) is complied a plan for complying with paragraph with. (a)(1) of this section and a contingent plan for complying with paragraph § 264.231 Special requirements for haz- (a)(2) of this section in case not all con- ardous wastes FO20, FO21, FO22, taminated subsoils can be practicably FO23, FO26, and FO27. removed at closure; and (a) Hazardous Wastes FO20, FO21, (ii) The owner or operator must pre- FO22, FO23, FO26, and FO27 must not pare a contingent post-closure plan be placed in a surface impoundment under § 264.118 for complying with para- unless the owner or operator operates graph (b) of this section in case not all the surface impoundment in accord- contaminated subsoils can be prac- ance with a management plan for these ticably removed at closure. wastes that is approved by the Re- (2) The cost estimates calculated gional Administrator pursuant to the under §§ 264.142 and 264.144 for closure standards set out in this paragraph, and post-closure care of an impound- and in accord with all other applicable ment subject to this paragraph must requirements of this part. The factors include the cost of complying with the to be considered are:
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(1) The volume, physical, and chem- under subpart F of this part, provided ical characteristics of the wastes, in- that: cluding their potential to migrate (1) Liquids or materials containing through soil or to volatilize or escape free liquids are not placed in the pile; into the atmosphere; (2) The pile is protected from surface (2) The attenuative properties of un- water run-on by the structure or in derlying and surrounding soils or other some other manner; materials; (3) The pile is designed and operated (3) The mobilizing properties of other to control dispersal of the waste by materials co-disposed with these wind, where necessary, by means other wastes; and than wetting; and (4) The effectiveness of additional (4) The pile will not generate leach- treatment, design, or monitoring tech- ate through decomposition or other re- niques. actions. (b) The Regional Administrator may determine that additional design, oper- § 264.251 Design and operating re- ating, and monitoring requirements quirements. are necessary for surface impound- (a) A waste pile (except for an exist- ments managing hazardous wastes ing portion of a waste pile) must have: FO20, FO21, FO22, FO23, FO26, and FO27 (1) A liner that is designed, con- in order to reduce the possibility of mi- structed, and installed to prevent any gration of these wastes to ground migration of wastes out of the pile into water, surface water, or air so as to the adjacent subsurface soil or ground protect human health and the environ- water or surface water at any time dur- ment. ing the active life (including the clo- [50 FR 2004, Jan. 14, 1985] sure period) of the waste pile. The liner may be constructed of materials that § 264.232 Air emission standards. may allow waste to migrate into the The owner or operator shall manage liner itself (but not into the adjacent all hazardous waste placed in a surface subsurface soil or ground water or sur- impoundment in accordance with the face water) during the active life of the applicable requirements of subparts BB facility. The liner must be: and CC of this part. (i) Constructed of materials that have appropriate chemical properties [61 FR 59950, Nov. 25, 1996] and sufficient strength and thickness to prevent failure due to pressure gra- Subpart L—Waste Piles dients (including static head and exter- nal hydrogeologic forces), physical con- SOURCE: 47 FR 32359, July 26, 1982, unless tact with the waste or leachate to otherwise noted. which they are exposed, climatic condi- tions, the stress of installation, and § 264.250 Applicability. the stress of daily operation; (a) The regulations in this subpart (ii) Placed upon a foundation or base apply to owners and operators of facili- capable of providing support to the ties that store or treat hazardous waste liner and resistance to pressure gra- in piles, except as § 264.1 provides other- dients above and below the liner to pre- wise. vent failure of the liner due to settle- (b) The regulations in this subpart do ment, compression, or uplift; and not apply to owners or operators of (iii) Installed to cover all sur- waste piles that are closed with wastes rounding earth likely to be in contact left in place. Such waste piles are sub- with the waste or leachate; and ject to regulation under subpart N of (2) A leachate collection and removal this part (Landfills). system immediately above the liner (c) The owner or operator of any that is designed, constructed, main- waste pile that is inside or under a tained, and operated to collect and re- structure that provides protection move leachate from the pile. The Re- from precipitation so that neither run- gional Administrator will specify de- off nor leachate is generated is not sub- sign and operating conditions in the ject to regulation under § 264.251 or permit to ensure that the leachate
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depth over the liner does not exceed 30 tion of hazardous constituents into cm (one foot). The leachate collection such liner during the active life and and removal system must be: post-closure care period; and (i) Constructed of materials that are: (B) A composite bottom liner, con- (A) Chemically resistent to the waste sisting of at least two components. The managed in the pile and the leachate upper component must be designed and expected to be generated; and constructed of materials (e.g., a (B) Of sufficient strength and thick- geomembrane) to prevent the migra- ness to prevent collapse under the pres- tion of hazardous constituents into sures exerted by overlaying wastes, this component during the active life waste cover materials, and by any and post-closure care period. The lower equipment used at the pile; and component must be designed and con- (ii) Designed and operated to func- structed of materials to minimize the tion without clogging through the migration of hazardous constituents if scheduled closure of the waste pile. a breach in the upper component were (b) The owner or operator will be ex- to occur. The lower component must be empted from the requirements of para- constructed of at least 3 feet (91 cm) of graph (a) of this section, if the Re- compacted soil material with a hydrau- gional Administrator finds, based on a lic conductivity of no more than 1×10¥7 demonstration by the owner or oper- cm/sec. ator, that alternate design and oper- (ii) The liners must comply with ating practices, together with location paragraphs (a)(1)(i), (ii), and (iii) of this characteristics, will prevent the migra- section. tion of any hazardous constituents (see (2) The leachate collection and removal § 264.93) into the ground water or sur- system immediately above the top liner face water at any future time. In decid- must be designed, constructed, oper- ing whether to grant an exemption, the ated, and maintained to collect and re- Regional Administrator will consider: move leachate from the waste pile dur- (1) The nature and quantity of the ing the active life and post-closure care wastes; period. The Regional Administrator (2) The proposed alternate design and will specify design and operating condi- operation; tions in the permit to ensure that the (3) The hydrogeologic setting of the leachate depth over the liner does not facility, including attenuative capacity exceed 30 cm (one foot). The leachate and thickness of the liners and soils collection and removal system must present between the pile and ground comply with paragraphs (c)(3)(iii) and water or surface water; and (iv) of this section. (4) All other factors which would in- (3) The leachate collection and removal fluence the quality and mobility of the system between the liners, and imme- leachate produced and the potential for diately above the bottom composite it to migrate to ground water or sur- liner in the case of multiple leachate face water. collection and removal systems, is also (c) The owner or operator of each new a leak detection system. This leak detec- waste pile unit on which construction tion system must be capable of detect- commences after January 29, 1992, each ing, collecting, and removing leaks of lateral expansion of a waste pile unit hazardous constituents at the earliest on which construction commences practicable time through all areas of after July 29, 1992, and each replace- the top liner likely to be exposed to ment of an existing waste pile unit waste or leachate during the active life that is to commence reuse after July and post-closure care period. The re- 29, 1992 must install two or more liners quirements for a leak detection system and a leachate collection and removal in this paragraph are satisfied by in- system above and between such liners. stallation of a system that is, at a min- ‘‘Construction commences’’ is as defined imum: in § 260.10 under ‘‘existing facility’’. (i) Constructed with a bottom slope (1)(i) The liner system must include: of one percent or more; (A) A top liner designed and con- (ii) Constructed of granular drainage structed of materials (e.g., a materials with a hydraulic conduc- geomembrane) to prevent the migra- tivity of 1×10¥2 cm/sec or more and a
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thickness of 12 inches (30.5 cm) or a waiver by the Regional Adminis- more; or constructed of synthetic or trator in accordance with § 264.221(e). geonet drainage materials with a (f) The owner or operator of any re- transmissivity of 3×10¥5 m2/sec or placement waste pile unit is exempt more: from paragraph (c) of this section if: (iii) Constructed of materials that (1) The existing unit was constructed are chemically resistant to the waste in compliance with the design stand- managed in the waste pile and the ards of section 3004(o)(1)(A)(i) and (o)(5) leachate expected to be generated, and of the Resource Conservation and Re- of sufficient strength and thickness to covery Act; and prevent collapse under the pressures (2) There is no reason to believe that exerted by overlying wastes, waste the liner is not functioning as de- cover materials, and equipment used at signed. the waste pile; (g) The owner or operator must de- (iv) Designed and operated to mini- sign, construct, operate, and maintain mize clogging during the active life a run-on control system capable of pre- and post-closure care period; and venting flow onto the active portion of (v) Constructed with sumps and liq- the pile during peak discharge from at uid removal methods (e.g., pumps) of least a 25-year storm. sufficient size to collect and remove (h) The owner or operator must de- liquids from the sump and prevent liq- sign, construct, operate, and maintain uids from backing up into the drainage a run-off management system to col- layer. Each unit must have its own lect and control at least the water vol- sump(s). The design of each sump and ume resulting from a 24-hour, 25-year removal system must provide a method storm. for measuring and recording the vol- (i) Collection and holding facilities ume of liquids present in the sump and (e.g., tanks or basins) associated with of liquids removed. run-on and run-off control systems (4) The owner or operator shall col- must be emptied or otherwise managed lect and remove pumpable liquids in expeditiously after storms to maintain the leak detection system sumps to design capacity of the system. minimize the head on the bottom liner. (j) If the pile contains any particu- (5) The owner or operator of a leak late matter which may be subject to detection system that is not located wind dispersal, the owner or operator completely above the seasonal high must cover or otherwise manage the water table must demonstrate that the pile to control wind dispersal. operation of the leak detection system (k) The Regional Administrator will will not be adversely affected by the specify in the permit all design and op- presence of ground water. erating practices that are necessary to (d) The Regional Administrator may ensure that the requirements of this approve alternative design or operating section are satisfied. practices to those specified in para- [47 FR 32359, July 26, 1982, as amended at 50 graph (c) of this section if the owner or FR 4514, Jan. 31, 1985; 57 FR 3488, Jan. 29, operator demonstrates to the Regional 1992] Administrator that such design and op- erating practices, together with loca- § 264.252 Action leakage rate. tion characteristics: (a) The Regional Administrator shall (1) Will prevent the migration of any approve an action leakage rate for sur- hazardous constituent into the ground face impoundment units subject to water or surface water at least as effec- § 264.251(c) or (d). The action leakage tively as the liners and leachate collec- rate is the maximum design flow rate tion and removal systems specified in that the leak detection system (LDS) paragraph (c) of this section; and can remove without the fluid head on (2) Will allow detection of leaks of the bottom liner exceeding 1 foot. The hazardous constituents through the top action leakage rate must include an liner at least as effectively. adequate safety margin to allow for un- (e) Paragraph (c) of this section does certainties in the design (e.g., slope, not apply to monofills that are granted hydraulic conductivity, thickness of
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drainage material), construction, oper- trols, and whether or not the unit ation, and location of the LDS, waste should be closed; and leachate characteristics, likeli- (5) Determine any other short-term hood and amounts of other sources of and long-term actions to be taken to liquids in the LDS, and proposed re- mitigate or stop any leaks; and sponse actions (e.g., the action leakage (6) Within 30 days after the notifica- rate must consider decreases in the tion that the action leakage rate has flow capacity of the system over time been exceeded, submit to the Regional resulting from siltation and clogging, Administrator the results of the anal- rib layover and creep of synthetic com- yses specified in paragraphs (b) (3), (4), ponents of the system, overburden and (5) of this section, the results of ac- pressures, etc.). tions taken, and actions planned. (b) To determine if the action leak- Monthly thereafter, as long as the flow age rate has been exceeded, the owner rate in the leak detection system ex- or operator must convert the weekly ceeds the action leakage rate, the flow rate from the monitoring data ob- owner or operator must submit to the tained under § 264.254(c), to an average Regional Administrator a report sum- daily flow rate (gallons per acre per marizing the results of any remedial day) for each sump. Unless the Re- actions taken and actions planned. gional Administrator approves a dif- (c) To make the leak and/or remedi- ferent calculation, the average daily ation determinations in paragraphs (b) flow rate for each sump must be cal- (3), (4), and (5) of this section, the culated weekly during the active life owner or operator must: and closure period. (1)(i) Assess the source of liquids and [57 FR 3489, Jan. 29, 1992] amounts of liquids by source, (ii) Conduct a fingerprint, hazardous § 264.253 Response actions. constituent, or other analyses of the (a) The owner or operator of waste liquids in the leak detection system to pile units subject to § 264.251 (c) or (d) identify the source of liquids and pos- must have an approved response action sible location of any leaks, and the plan before receipt of waste. The re- hazard and mobility of the liquid; and sponse action plan must set forth the (iii) Assess the seriousness of any actions to be taken if the action leak- leaks in terms of potential for escaping age rate has been exceeded. At a min- into the environment; or imum, the response action plan must (2) Document why such assessments describe the actions specified in para- are not needed. graph (b) of this section. (b) If the flow rate into the leak de- [57 FR 3489, Jan. 29, 1992] tection system exceeds the action leak- age rate for any sump, the owner or op- § 264.254 Monitoring and inspection. erator must: (a) During construction or installa- (1) Notify the Regional Adminis- tion, liners (except in the case of exist- trator in writing of the exceedance ing portions of piles exempt from within 7 days of the determination; § 264.251(a)) and cover systems (e.g., (2) Submit a preliminary written as- membranes, sheets, or coatings) must sessment to the Regional Adminis- be inspected for uniformity, damage, trator within 14 days of the determina- and imperfections (e.g., holes, cracks, tion, as to the amount of liquids, likely thin spots, or foreign materials). Im- sources of liquids, possible location, mediately after construction or instal- size, and cause of any leaks, and short- lation: term actions taken and planned; (1) Synthetic liners and covers must (3) Determine to the extent prac- be inspected to ensure tight seams and ticable the location, size, and cause of joints and the absence of tears, punc- any leak; tures, or blisters; and (4) Determine whether waste receipt (2) Soil-based and admixed liners and should cease or be curtailed, whether covers must be inspected for imperfec- any waste should be removed from the tions including lenses, cracks, chan- unit for inspection, repairs, or con- nels, root holes, or other structural
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non-uniformities that may cause an in- must not be placed in the same pile, crease in the permeability of the liner unless § 264.17(b) is complied with. or cover. (b) A pile of hazardous waste that is (b) While a waste pile is in operation, incompatible with any waste or other it must be inspected weekly and after material stored nearby in containers, storms to detect evidence of any of the other piles, open tanks, or surface im- following: poundments must be separated from (1) Deterioration, malfunctions, or the other materials, or protected from improper operation of run-on and run- them by means of a dike, berm, wall, or off control systems; other device. (2) Proper functioning of wind dis- (c) Hazardous waste must not be persal control systems, where present; piled on the same base where incom- and patible wastes or materials were pre- (3) The presence of leachate in and viously piled, unless the base has been proper functioning of leachate collec- decontaminated sufficiently to ensure tion and removal systems, where compliance with § 264.17(b). present. (c) An owner or operator required to § 264.258 Closure and post-closure have a leak detection system under care. § 264.251(c) must record the amount of (a) At closure, the owner or operator liquids removed from each leak detec- must remove or decontaminate all tion system sump at least once each waste residues, contaminated contain- week during the active life and closure ment system components (liners, etc.), period. contaminated subsoils, and structures [47 FR 32359, July 26, 1982, as amended at 50 and equipment contaminated with FR 4514, Jan. 31, 1985; 50 FR 28748, July 15, waste and leachate, and manage them 1985; 57 FR 3489, Jan. 29, 1992] as hazardous waste unless § 261.3(d) of this chapter applies. § 264.255 [Reserved] (b) If, after removing or decontami- nating all residues and making all rea- § 264.256 Special requirements for ig- sonable efforts to effect removal or de- nitable or reactive waste. contamination of contaminated compo- Ignitable or reactive waste must not nents, subsoils, structures, and equip- be placed in a waste pile unless the ment as required in paragraph (a) of waste and waste pile satisfy all appli- this section, the owner or operator cable requirements of 40 CFR part 268, finds that not all contaminated sub- and: soils can be practicably removed or de- (a) The waste is treated, rendered, or contaminated, he must close the facil- mixed before or immediately after ity and perform post-closure care in ac- placement in the pile so that: cordance with the closure and post-clo- (1) The resulting waste, mixture, or sure care requirements that apply to dissolution of material no longer meets landfills (§ 264.310). the definition of ignitable or reactive (c)(1) The owner or operator of a waste under § 261.21 or § 261.23 of this waste pile that does not comply with chapter; and the liner requirements of § 264.251(a)(1) (2) Section 264.17(b) is complied with; and is not exempt from them in accord- or ance with § 264.250(c) or § 264.251(b), (b) The waste is managed in such a must: way that it is protected from any ma- (i) Include in the closure plan for the terial or conditions which may cause it pile under § 264.112 both a plan for com- to ignite or react. plying with paragraph (a) of this sec- [47 FR 32359, July 26, 1982, as amended at 55 tion and a contingent plan for com- FR 22685, June 1, 1990] plying with paragraph (b) of this sec- tion in case not all contaminated sub- § 264.257 Special requirements for in- soils can be practicably removed at compatible wastes. closure; and (a) Incompatible wastes, or incom- (ii) Prepare a contingent post-closure patible wastes and materials, (see ap- plan under § 264.118 for complying with pendix V of this part for examples) paragraph (b) of this section in case
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not all contaminated subsoils can be § 264.270 Applicability. practicably removed at closure. The regulations in this subpart apply (2) The cost estimates calculated to owners and operators of facilities under §§ 264.142 and 264.144 for closure that treat or dispose of hazardous and post-closure care of a pile subject waste in land treatment units, except to this paragraph must include the cost as § 264.1 provides otherwise. of complying with the contingent clo- sure plan and the contingent post-clo- § 264.271 Treatment program. sure plan, but are not required to in- clude the cost of expected closure (a) An owner or operator subject to under paragraph (a) of this section. this subpart must establish a land treatment program that is designed to § 264.259 Special requirements for haz- ensure that hazardous constituents ardous wastes FO20, FO21, FO22, placed in or on the treatment zone are FO23, FO26, and FO27. degraded, transformed, or immobilized (a) Hazardous Wastes FO20, FO21, within the treatment zone. The Re- FO22, FO23, FO26, and FO27 must not gional Administrator will specify in be placed in waste piles that are not the facility permit the elements of the enclosed (as defined in § 264.250(c)) un- treatment program, including: less the owner or operator operates the (1) The wastes that are capable of waste pile in accordance with a man- being treated at the unit based on a agement plan for these wastes that is demonstration under § 264.272; approved by the Regional Adminis- (2) Design measures and operating trator pursuant to the standards set practices necessary to maximize the out in this paragraph, and in accord success of degradation, transformation, with all other applicable requirements and immobilization processes in the of this part. The factors to be consid- treatment zone in accordance with ered are: § 264.273(a); and (1) The volume, physical, and chem- (3) Unsaturated zone monitoring pro- ical characteristics of the wastes, in- visions meeting the requirements of cluding their potential to migrate § 264.278. through soil or to volatilize or escape (b) The Regional Administrator will into the atmosphere; specify in the facility permit the haz- (2) The attenuative properties of un- ardous constituents that must be de- derlying and surrounding soils or other graded, transformed, or immobilized materials; under this subpart. Hazardous constitu- ents are constituents identified in ap- (3) The mobilizing properties of other pendix VIII of part 261 of this chapter materials co-disposed with these that are reasonably expected to be in, wastes; and or derived from, waste placed in or on (4) The effectiveness of additional the treatment zone. treatment, design, or monitoring tech- (c) The Regional Administrator will niques. specify the vertical and horizontal di- (b) The Regional Administrator may mensions of the treatment zone in the determine that additional design, oper- facility permit. The treatment zone is ating, and monitoring requirements the portion of the unsaturated zone are necessary for piles managing haz- below and including the land surface in ardous wastes FO20, FO21, FO22, FO23, which the owner or operator intends to FO26, and, FO27 in order to reduce the maintain the conditions necessary for possibility of migration of these wastes effective degradation, transformation, to ground water, surface water, or air or immobilization of hazardous con- so as to protect human health and the stituents. The maximum depth of the environment. treatment zone must be: [50 FR 2004, Jan. 14, 1985] (1) No more than 1.5 meters (5 feet) from the initial soil surface; and Subpart M—Land Treatment (2) More than 1 meter (3 feet) above the seasonal high water table.
SOURCE: 47 FR 32361, July 26, 1982, unless [47 FR 32361, July 26, 1982, as amended at 50 otherwise noted. FR 4514, Jan. 31, 1985]
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§ 264.272 Treatment demonstration. (i) The characteristics of the waste to be tested; (a) For each waste that will be ap- plied to the treatment zone, the owner (ii) The operating and monitoring or operator must demonstrate, prior to measures taken during the course of application of the waste, that haz- the test; ardous constituents in the waste can be (iii) The duration of the test; completely degraded, transformed, or (iv) The volume of waste used in the immobilized in the treatment zone. test; (b) In making this demonstration, (v) In the case of field tests, the po- the owner or operator may use field tential for migration of hazardous con- tests, laboratory analyses, available stituents to ground water or surface data, or, in the case of existing units, water. operating data. If the owner or oper- [47 FR 32361, July 26, 1982, as amended at 48 ator intends to conduct field tests or FR 14294, Apr. 1, 1983] laboratory analyses in order to make the demonstration required under para- § 264.273 Design and operating re- graph (a) of this section, he must ob- quirements. tain a treatment or disposal permit The Regional Administrator will under § 270.63. The Regional Adminis- specify in the facility permit how the trator will specify in this permit the owner or operator will design, con- testing, analytical, design, and oper- struct, operate, and maintain the land ating requirements (including the du- treatment unit in compliance with this ration of the tests and analyses, and, in the case of field tests, the horizontal section. and vertical dimensions of the treat- (a) The owner or operator must de- ment zone, monitoring procedures, clo- sign, construct, operate, and maintain sure and clean-up activities) necessary the unit to maximize the degradation, to meet the requirements in paragraph transformation, and immobilization of (c) of this section. hazardous constituents in the treat- (c) Any field test or laboratory anal- ment zone. The owner or operator must ysis conducted in order to make a dem- design, construct, operate, and main- onstration under paragraph (a) of this tain the unit in accord with all design section must: and operating conditions that were (1) Accurately simulate the charac- used in the treatment demonstration teristics and operating conditions for under § 264.272. At a minimum, the Re- the proposed land treatment unit in- gional Administrator will specify the cluding: following in the facility permit: (i) The characteristics of the waste (1) The rate and method of waste ap- (including the presence of appendix plication to the treatment zone; VIII of part 261 of this chapter con- (2) Measures to control soil pH; stituents); (3) Measures to enhance microbial or (ii) The climate in the area; chemical reactions (e.g., fertilization, (iii) The topography of the sur- tilling); and rounding area; (4) Measures to control the moisture (iv) The characteristics of the soil in content of the treatment zone. the treatment zone (including depth); (b) The owner or operator must de- and sign, construct, operate, and maintain (v) The operating practices to be used the treatment zone to minimize run-off at the unit. of hazardous constituents during the (2) Be likely to show that hazardous active life of the land treatment unit. constituents in the waste to be tested (c) The owner or operator must de- will be completely degraded, trans- sign, construct, operate, and maintain formed, or immobilized in the treat- a run-on control system capable of pre- ment zone of the proposed land treat- venting flow onto the treatment zone ment unit; and during peak discharge from at least a (3) Be conducted in a manner that 25-year storm. protects human health and the envi- (d) The owner or operator must de- ronment considering: sign, construct, operate, and maintain
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a run-off management system to col- paragraph prior to the planting of lect and control at least the water vol- crops at the facility for all constitu- ume resulting from a 24-hour, 25-year ents identified in appendix VIII of part storm. 261 of this chapter that are reasonably (e) Collection and holding facilities expected to be in, or derived from, (e.g., tanks or basins) associated with waste placed in or on the treatment run-on and run-off control systems zone. must be emptied or otherwise managed (3) In making a demonstration under expeditiously after storms to maintain this paragraph, the owner or operator the design capacity of the system. may use field tests, greenhouse studies, (f) If the treatment zone contains available data, or, in the case of exist- particulate matter which may be sub- ing units, operating data, and must: ject to wind dispersal, the owner or op- (i) Base the demonstration on condi- erator must manage the unit to control tions similar to those present in the wind dispersal. treatment zone, including soil charac- (g) The owner or operator must in- teristics (e.g., pH, cation exchange ca- spect the unit weekly and after storms pacity), specific wastes, application to detect evidence of: rates, application methods, and crops (1) Deterioration, malfunctions, or to be grown; and improper operation of run-on and run- (ii) Describe the procedures used in off control systems; and conducting any tests, including the (2) Improper functioning of wind dis- sample selection criteria, sample size, persal control measures. analytical methods, and statistical procedures. [47 FR 32361, July 26, 1982, as amended at 50 (4) If the owner or operator intends FR 4514, Jan. 31, 1985] to conduct field tests or greenhouse §§ 264.274—264.275 [Reserved] studies in order to make the dem- onstration required under this para- § 264.276 Food-chain crops. graph, he must obtain a permit for con- The Regional Administrator may ducting such activities. allow the growth of food-chain crops in (b) The owner or operator must com- ply with the following conditions if or on the treatment zone only if the cadmium is contained in wastes ap- owner or operator satisfies the condi- plied to the treatment zone: tions of this section. The Regional Ad- (1)(i) The pH of the waste and soil ministrator will specify in the facility mixture must be 6.5 or greater at the permit the specific food-chain crops time of each waste application, except which may be grown. for waste containing cadmium at con- (a)(1) The owner or operator must centrations of 2 mg/kg (dry weight) or demonstrate that there is no substan- less; tial risk to human health caused by (ii) The annual application of cad- the growth of such crops in or on the mium from waste must not exceed 0.5 treatment zone by demonstrating, kilograms per hectare (kg/ha) on land prior to the planting of such crops, used for production of tobacco, leafy that hazardous constituents other than vegetables, or root crops grown for cadmium: human consumption. For other food- (i) Will not be transferred to the food chain crops, the annual cadmium appli- or feed portions of the crop by plant cation rate must not exceed: uptake or direct contact, and will not otherwise be ingested by food-chain Annual animals (e.g., by grazing); or Cd appli- cation (ii) Will not occur in greater con- Time period rate (kilo- centrations in or on the food or feed grams per hec- portions of crops grown on the treat- tare) ment zone than in or on identical por- Present to June 30, 1984 ...... 2.0 tions of the same crops grown on un- July 1, 1984 to December 31, 1986 ...... 1.25 treated soils under similar conditions Beginning January 1, 1987 ...... 0.5 in the same region. (2) The owner or operator must make (iii) The cumulative application of the demonstration required under this cadmium from waste must not exceed 5
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kg/ha if the waste and soil mixture has ardous constituents (PHCs) in lieu of a pH of less than 6.5; and the constituents specified under (iv) If the waste and soil mixture has § 264.271(b). PHCs are hazardous con- a pH of 6.5 or greater or is maintained stituents contained in the wastes to be at a pH of 6.5 or greater during crop applied at the unit that are the most growth, the cumulative application of difficult to treat, considering the com- cadmium from waste must not exceed: bined effects of degradation, trans- 5 kg/ha if soil cation exchange capacity formation, and immobilization. The (CEC) is less than 5 meq/100g; 10 kg/ha Regional Administrator will establish if soil CEC is 5–15 meq/100g; and 20 kg/ PHCs if he finds, based on waste anal- ha if soil CEC is greater than 15 meq/ yses, treatment demonstrations, or 100g; or other data, that effective degradation, (2)(i) Animal feed must be the only transformation, or immobilization of food-chain crop produced; the PHCs will assure treatment at at (ii) The pH of the waste and soil mix- least equivalent levels for the other ture must be 6.5 or greater at the time hazardous constituents in the wastes. of waste application or at the time the (b) The owner or operator must in- crop is planted, whichever occurs later, stall an unsaturated zone monitoring and this pH level must be maintained system that includes soil monitoring whenever food-chain crops are grown; using soil cores and soil-pore liquid (iii) There must be an operating plan monitoring using devices such as which demonstrates how the animal lysimeters. The unsaturated zone mon- feed will be distributed to preclude in- itoring system must consist of a suffi- gestion by humans. The operating plan cient number of sampling points at ap- must describe the measures to be taken propriate locations and depths to yield to safeguard against possible health samples that: hazards from cadmium entering the (1) Represent the quality of back- food chain, which may result from al- ground soil-pore liquid quality and the ternative land uses; and chemical make-up of soil that has not (iv) Future property owners must be been affected by leakage from the notified by a stipulation in the land treatment zone; and record or property deed which states (2) Indicate the quality of soil-pore that the property has received waste at liquid and the chemical make-up of the high cadmium application rates and soil below the treatment zone. that food-chain crops must not be (c) The owner or operator must es- grown except in compliance with para- tablish a background value for each graph (b)(2) of this section. hazardous constituent to be monitored § 264.277 [Reserved] under paragraph (a) of this section. The permit will specify the background val- § 264.278 Unsaturated zone moni- ues for each constituent or specify the toring. procedures to be used to calculate the An owner or operator subject to this background values. subpart must establish an unsaturated (1) Background soil values may be zone monitoring program to discharge based on a one-time sampling at a the following responsibilities: background plot having characteristics (a) The owner or operator must mon- similar to those of the treatment zone. itor the soil and soil-pore liquid to de- (2) Background soil-pore liquid val- termine whether hazardous constitu- ues must be based on at least quarterly ents migrate out of the treatment sampling for one year at a background zone. plot having characteristics similar to (1) The Regional Administrator will those of the treatment zone. specify the hazardous constituents to (3) The owner or operator must ex- be monitored in the facility permit. press all background values in a form The hazardous constituents to be mon- necessary for the determination of sta- itored are those specified under tistically significant increases under § 264.271(b). paragraph (f) of this section. (2) The Regional Administrator may (4) In taking samples used in the de- require monitoring for principal haz- termination of all background values,
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the owner or operator must use an un- plexity of the statistical test and the saturated zone monitoring system that availability of laboratory facilities to complies with paragraph (b)(1) of this perform the analysis of soil and soil- section. pore liquid samples. (d) The owner or operator must con- (3) The owner or operator must deter- duct soil monitoring and soil-pore liq- mine whether there is a statistically uid monitoring immediately below the significant increase below the treat- treatment zone. The Regional Adminis- ment zone using a statistical procedure trator will specify the frequency and that provides reasonable confidence timing of soil and soil-pore liquid mon- that migration from the treatment itoring in the facility permit after con- zone will be identified. The Regional sidering the frequency, timing, and Administrator will specify a statistical rate of waste application, and the soil procedure in the facility permit that he permeability. The owner or operator finds: must express the results of soil and (i) Is appropriate for the distribution soil-pore liquid monitoring in a form of the data used to establish back- necessary for the determination of sta- ground values; and tistically significant increases under (ii) Provides a reasonable balance be- paragraph (f) of this section. tween the probability of falsely identi- (e) The owner or operator must use fying migration from the treatment consistent sampling and analysis pro- zone and the probability of failing to cedures that are designed to ensure identify real migration from the treat- sampling results that provide a reliable ment zone. indication of soil-pore liquid quality (g) If the owner or operator deter- and the chemical make-up of the soil mines, pursuant to paragraph (f) of this below the treatment zone. At a min- section, that there is a statistically imum, the owner or operator must im- significant increase of hazardous con- plement procedures and techniques for: stituents below the treatment zone, he (1) Sample collection; must: (2) Sample preservation and ship- (1) Notify the Regional Adminis- ment; trator of this finding in writing within (3) Analytical procedures; and seven days. The notification must indi- (4) Chain of custody control. cate what constituents have shown sta- (f) The owner or operator must deter- tistically significant increases. mine whether there is a statistically (2) Within 90 days, submit to the Re- significant change over background gional Administrator an application values for any hazardous constituent for a permit modification to modify to be monitored under paragraph (a) of the operating practices at the facility this section below the treatment zone in order to maximize the success of each time he conducts soil monitoring degradation, transformation, or immo- and soil-pore liquid monitoring under bilization processes in the treatment paragraph (d) of this section. zone. (1) In determining whether a statis- (h) If the owner or operator deter- tically significant increase has oc- mines, pursuant to paragraph (f) of this curred, the owner or operator must section, that there is a statistically compare the value of each constituent, significant increase of hazardous con- as determined under paragraph (d) of stituents below the treatment zone, he this section, to the background value may demonstrate that a source other for that constituent according to the than regulated units caused the in- statistical procedure specified in the crease or that the increase resulted facility permit under this paragraph. from an error in sampling, analysis, or (2) The owner or operator must deter- evaluation. While the owner or oper- mine whether there has been a statis- ator may make a demonstration under tically significant increase below the this paragraph in addition to, or in lieu treatment zone within a reasonable of, submitting a permit modification time period after completion of sam- application under paragraph (g)(2) of pling. The Regional Administrator will this section, he is not relieved of the specify that time period in the facility requirement to submit a permit modi- permit after considering the com- fication application within the time
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specified in paragraph (g)(2) of this sec- (3) Maintain the run-on control sys- tion unless the demonstration made tem required under § 264.273(c); under this paragraph successfully (4) Maintain the run-off management shows that a source other than regu- system required under § 264.273(d); lated units caused the increase or that (5) Control wind dispersal of haz- the increase resulted from an error in ardous waste if required under sampling, analysis, or evaluation. In § 264.273(f); making a demonstration under this (6) Continue to comply with any pro- paragraph, the owner or operator must: hibitions or conditions concerning (1) Notify the Regional Adminis- growth of food-chain crops under trator in writing within seven days of § 264.276; determining a statistically significant (7) Continue unsaturated zone moni- increase below the treatment zone that toring in compliance with § 264.278, ex- he intends to make a determination cept that soil-pore liquid monitoring under this paragraph; may be terminated 90 days after the (2) Within 90 days, submit a report to last application of waste to the treat- the Regional Administrator dem- ment zone; and onstrating that a source other than the (8) Establish a vegetative cover on regulated units caused the increase or the portion of the facility being closed that the increase resulted from error in at such time that the cover will not sampling, analysis, or evaluation; substantially impede degradation, (3) Within 90 days, submit to the Re- transformation, or immobilization of gional Administrator an application hazardous constituents in the treat- for a permit modification to make any ment zone. The vegetative cover must appropriate changes to the unsaturated be capable of maintaining growth with- zone monitoring program at the facil- out extensive maintenance. ity; and (b) For the purpose of complying (4) Continue to monitor in accord- with § 264.115, when closure is com- ance with the unsaturated zone moni- pleted the owner or operator may sub- toring program established under this mit to the Regional Administrator cer- section. tification by an independent qualified soil scientist, in lieu of an independent [47 FR 32361, July 26, 1982, as amended at 50 registered professional engineer, that FR 4514, Jan. 31, 1985] the facility has been closed in accord- § 264.279 Recordkeeping. ance with the specifications in the ap- proved closure plan. The owner or operator must include (c) During the post-closure care pe- hazardous waste application dates and riod the owner or operator must: rates in the operating record required (1) Continue all operations (including under § 264.73. pH control) necessary to enhance deg- [47 FR 32361, July 26, 1982, as amended at 50 radation and transformation and sus- FR 4514, Jan. 31, 1985] tain immobilization of hazardous con- stituents in the treatment zone to the § 264.280 Closure and post-closure extent that such measures are con- care. sistent with other post-closure care ac- (a) During the closure period the tivities; owner or operator must: (2) Maintain a vegetative cover over (1) Continue all operations (including closed portions of the facility; pH control) necessary to maximize deg- (3) Maintain the run-on control sys- radation, transformation, or immo- tem required under § 264.273(c); bilization of hazardous constituents (4) Maintain the run-off management within the treatment zone as required system required under § 264.273(d); under § 264.273(a), except to the extent (5) Control wind dispersal of haz- such measures are inconsistent with ardous waste if required under paragraph (a)(8) of this section. § 264.273(f); (2) Continue all operations in the (6) Continue to comply with any pro- treatment zone to minimize run-off of hibitions or conditions concerning hazardous constituents as required growth of food-chain crops under under § 264.273(b); § 264.276; and
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(7) Continue unsaturated zone moni- identified. The owner or operator must toring in compliance with § 264.278, ex- use a statistical procedure that: pect that soil-pore liquid monitoring (i) Is appropriate for the distribution may be terminated 90 days after the of the data used to establish back- last application of waste to the treat- ground values; and ment zone. (ii) Provides a reasonable balance be- (d) The owner or operator is not sub- tween the probability of falsely identi- ject to regulation under paragraphs fying hazardous constituent presence (a)(8) and (c) of this section if the Re- in the treatment zone and the prob- gional Administrator finds that the ability of failing to identify real pres- level of hazardous constituents in the ence in the treatment zone. treatment zone soil does not exceed the (e) The owner or operator is not sub- background value of those constituents ject to regulation under Subpart F of by an amount that is statistically sig- this chapter if the Regional Adminis- nificant when using the test specified trator finds that the owner or operator in paragraph (d)(3) of this section. The satisfies paragraph (d) of this section owner or operator may submit such a and if unsaturated zone monitoring demonstration to the Regional Admin- under § 264.278 indicates that hazardous istrator at any time during the closure constituents have not migrated beyond of post-closure care periods. For the the treatment zone during the active purposes of this paragraph: life of the land treatment unit. (1) The owner or operator must estab- § 264.281 Special requirements for ig- lish background soil values and deter- nitable or reactive waste. mine whether there is a statistically The owner or operator must not significant increase over those values apply ignitable or reactive waste to the for all hazardous constituents specified treatment zone unless the waste and in the facility permit under § 264.271 (b). the treatment zone meet all applicable (i) Background soil values may be requirements of 40 CFR part 268, and: based on a one-time sampling of a (a) The waste is immediately incor- background plot having characteristics porated into the soil so that: similar to those of the treatment zone. (1) The resulting waste, mixture, or (ii) The owner or operator must ex- dissolution of material no longer meets press background values and values for the definition of ignitable or reactive hazardous constituents in the treat- waste under § 261.21 or § 261.23 of this ment zone in a form necessary for the chapter; and determination of statistically signifi- (2) Section 264.17(b) is complied with; cant increases under paragraph (d)(3) of or this section. (b) The waste is managed in such a (2) In taking samples used in the de- way that it is protected from any ma- termination of background and treat- terial or conditions which may cause it ment zone values, the owner or oper- to ignite or react. ator must take samples at a sufficient [47 FR 32361, July 26, 1982, as amended at 55 number of sampling points and at ap- FR 22685, June 1, 1990] propriate locations and depths to yield samples that represent the chemical § 264.282 Special requirements for in- make-up of soil that has not been af- compatible wastes. fected by leakage from the treatment The owner or operator must not zone and the soil within the treatment place incompatible wastes, or incom- zone, respectively. patible wastes and materials (see ap- (3) In determining whether a statis- pendix V of this part for examples), in tically significant increase has oc- or on the same treatment zone, unless curred, the owner or operator must § 264.17(b) is complied with. compare the value of each constituent in the treatment zone to the back- § 264.283 Special requirements for haz- ground value for that constituent using ardous wastes FO20, FO21, FO22, a statistical procedure that provides FO23, FO26, and FO27. reasonable confidence that constituent (a) Hazardous Wastes FO20, FO21, presence in the treatment zone will be FO22, FO23, FO26 and, FO27 must not
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be placed in a land treatment unit un- (1) A liner that is designed, con- less the owner or operator operates the structed, and installed to prevent any facility in accordance with a manage- migration of wastes out of the landfill ment plan for these wastes that is ap- to the adjacent subsurface soil or proved by the Regional Administrator ground water or surface water at any- pursuant to the standards set out in time during the active life (including this paragraph, and in accord with all the closure period) of the landfill. The other applicable requirements of this liner must be constructed of materials part. The factors to be considered are: that prevent wastes from passing into (1) The volume, physical, and chem- the liner during the active life of the ical characteristics of the wastes, in- facility. The liner must be: cluding their potential to migrate (i) Constructed of materials that through soil or to volatilize or escape have appropriate chemical properties into the atmosphere; and sufficient strength and thickness (2) The attenuative properties of un- to prevent failure due to pressure gra- derlying and surrounding soils or other dients (including static head and exter- materials; nal hydrogeologic forces), physical con- (3) The mobilizing properties of other tact with the waste or leachate to materials co-disposed with these which they are exposed, climatic condi- wastes; and tions, the stress of installation, and (4) The effectiveness of additional the stress of daily operation; treatment, design, or monitoring tech- (ii) Placed upon a foundation or base niques. capable of providing support to the liner and resistance to pressure gra- (b) The Regional Administrator may dients above and below the liner to pre- determine that additional design, oper- vent failure of the liner due to settle- ating, and monitoring requirements ment, compression, or uplift; and are necessary for land treatment facili- (iii) Installed to cover all sur- ties managing hazardous wastes FO20, rounding earth likely to be in contact FO21, FO22, FO23, FO26, and FO27 in with the waste or leachate; and order to reduce the possibility of mi- (2) A leachate collection and removal gration of these wastes to ground system immediately above the liner water, surface water, or air so as to that is designed, constructed, main- protect human health and the environ- tained, and operated to collect and re- ment. move leachate from the landfill. The [50 FR 2004, Jan. 14, 1985] Regional Administrator will specify de- sign and operating conditions in the Subpart N—Landfills permit to ensure that the leachate depth over the liner does not exceed 30 cm (one foot). The leachate collection SOURCE: 47 FR 32365, July 26, 1982, unless and removal system must be: otherwise noted. (i) Constructed of materials that are: (A) Chemically resistant to the waste § 264.300 Applicability. managed in the landfill and the leach- The regulations in this subpart apply ate expected to be generated; and to owners and operators of facilities (B) Of sufficient strength and thick- that dispose of hazardous waste in ness to prevent collapse under the pres- landfills, except as § 264.1 provides oth- sures exerted by overlying wastes, erwise. waste cover materials, and by any equipment used at the landfill; and § 264.301 Design and operating re- (ii) Designed and operated to func- quirements. tion without clogging through the (a) Any landfill that is not covered scheduled closure of the landfill. by paragraph (c) of this section or (b) The owner or operator will be ex- § 265.301(a) of this chapter must have a empted from the requirements of para- liner system for all portions of the graph (a) of this section if the Regional landfill (except for existing portions of Administrator finds, based on a dem- such landfill). The liner system must onstration by the owner or operator, have: that alternative design and operating
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practices, together with location char- (ii) The liners must comply with acteristics, will prevent the migration paragraphs (a)(1) (i), (ii), and (iii) of of any hazardous constituents (see this section. § 264.93) into the ground water or sur- (2) The leachate collection and removal face water at any future time. In decid- system immediately above the top liner ing whether to grant an exemption, the must be designed, constructed, oper- Regional Administrator will consider: ated, and maintained to collect and re- (1) The nature and quantity of the move leachate from the landfill during wastes; the active life and post-closure care pe- (2) The proposed alternate design and riod. The Regional Administrator will operation; specify design and operating conditions (3) The hydrogeologic setting of the in the permit to ensure that the leach- facility, including the attenuative ca- ate depth over the liner does not ex- pacity and thickness of the liners and ceed 30 cm (one foot). The leachate col- soils present between the landfill and lection and removal system must com- ground water or surface water; and ply with paragraphs (3)(c) (iii) and (iv) of this section. (4) All other factors which would in- (3) The leachate collection and removal fluence the quality and mobility of the system between the liners, and imme- leachate produced and the potential for diately above the bottom composite it to migrate to ground water or sur- liner in the case of multiple leachate face water. collection and removal systems, is also (c) The owner or operator of each new a leak detection system. This leak detec- landfill unit on which construction tion system must be capable of detect- commences after January 29, 1992, each ing, collecting, and removing leaks of lateral expansion of a landfill unit on hazardous constituents at the earliest which construction commences after practicable time through all areas of July 29, 1992, and each replacement of the top liner likely to be exposed to an existing landfill unit that is to com- waste or leachate during the active life mence reuse after July 29, 1992 must in- and post-closure care period. The re- stall two or more liners and a leachate quirements for a leak detection system collection and removal system above in this paragraph are satisfied by in- and between such liners. ‘‘Construction stallation of a system that is, at a min- commences’’ is as defined in § 260.10 of imum: this chapter under ‘‘existing facility’’. (i) Constructed with a bottom slope (1)(i) The liner system must include: of one percent or more; (A) A top liner designed and con- (ii) Constructed of granular drainage structed of materials (e.g., a materials with a hydraulic conduc- geomembrane) to prevent the migra- tivity of 1×10¥2 cm/sec or more and a tion of hazardous constituents into thickness of 12 inches (30.5 cm) or such liner during the active life and more; or constructed of synthetic or post-closure care period; and geonet drainage materials with a (B) A composite bottom liner, con- transmissivity of 3×10¥5 m2/sec or sisting of at least two components. The more; upper component must be designed and (iii) Constructed of materials that constructed of materials (e.g., a are chemically resistant to the waste geomembrane) to prevent the migra- managed in the landfill and the leach- tion of hazardous constituents into ate expected to be generated, and of this component during the active life sufficient strength and thickness to and post-closure care period. The lower prevent collapse under the pressures component must be designed and con- exerted by overlying wastes, waste structed of materials to minimize the cover materials, and equipment used at migration of hazardous constituents if the landfill; a breach in the upper component were (iv) Designed and operated to mini- to occur. The lower component must be mize clogging during the active life constructed of at least 3 feet (91 cm) of and post-closure care period; and compacted soil material with a hydrau- (v) Constructed with sumps and liq- lic conductivity of no more than 1×10¥7 uid removal methods (e.g., pumps) of cm/sec. sufficient size to collect and remove
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liquids from the sump and prevent liq- (C) The monofill is in compliance uids from backing up into the drainage with generally applicable ground-water layer. Each unit must have its own monitoring requirements for facilities sump(s). The design of each sump and with permits under RCRA 3005(c); or removal system must provide a method (ii) The owner or operator dem- for measuring and recording the vol- onstrates that the monofill is located, ume of liquids present in the sump and designed and operated so as to assure of liquids removed. that there will be no migration of any (4) The owner or operator shall col- hazardous constituent into ground lect and remove pumpable liquids in water or surface water at any future the leak detection system sumps to time. minimize the head on the bottom liner. (f) The owner or operator of any re- (5) The owner or operator of a leak placement landfill unit is exempt from detection system that is not located paragraph (c) of this section if: completely above the seasonal high water table must demonstrate that the (1) The existing unit was constructed operation of the leak detection system in compliance with the design stand- will not be adversely affected by the ards of section 3004(o)(1)(A)(i) and (o)(5) presence of ground water. of the Resource Conservation and Re- (d) The Regional Administrator may covery Act; and approve alternative design or operating (2) There is no reason to believe that practices to those specified in para- the liner is not functioning as de- graph (c) of this section if the owner or signed. operator demonstrates to the Regional (g) The owner or operator must de- Administrator that such design and op- sign, construct, operate, and maintain erating practices, together with loca- a run-on control system capable of pre- tion characteristics: venting flow onto the active portion of (1) Will prevent the migration of any the landfill during peak discharge from hazardous constituent into the ground at least a 25-year storm. water or surface water at least as effec- (h) The owner or operator must de- tively as the liners and leachate collec- sign, construct, operate, and maintain tion and removal systems specified in a run-off management system to col- paragraph (c) of this section; and lect and control at least the water vol- (2) Will allow detection of leaks of ume resulting from a 24-hour, 25-year hazardous constituents through the top storm. liner at least as effectively. (i) Collection and holding facilities (e) The double liner requirement set (e.g., tanks or basins) associated with forth in paragraph (c) of this section run-on and run-off control systems may be waived by the Regional Admin- must be emptied or otherwise managed istrator for any monofill, if: expeditiously after storms to maintain (1) The monofill contains only haz- design capacity of the system. ardous wastes from foundry furnace (j) If the landfill contains any partic- emission controls or metal casting ulate matter which may be subject to molding sand, and such wastes do not contain constituents which would wind dispersal, the owner or operator render the wastes hazardous for rea- must cover or otherwise manage the sons other than the Toxicity Char- landfill to control wind dispersal. acteristic in § 261.24 of this chapter, (k) The Regional Administrator will with EPA Hazardous Waste Numbers specify in the permit all design and op- D004 through D017; and erating practices that are necessary to (2)(i)(A) The monofill has at least one ensure that the requirements of this liner for which there is no evidence section are satisfied. that such liner is leaking; (l) Any permit under RCRA 3005(c) (B) The monofill is located more than which is issued for a landfill located one-quarter mile from an underground within the State of Alabama shall re- source of drinking water (as that term quire the installation of two or more is defined in § 144.3 of this chapter); and liners and a leachate collection system
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above and between such liners, not- thin spots, or foreign materials). Im- withstanding any other provision of mediately after construction or instal- RCRA. lation: (1) Synthetic liners and covers must [47 FR 32365, July 26, 1982, as amended at 50 FR 4514, Jan. 31, 1985; 50 FR 28748, July 15, be inspected to ensure tight seams and 1985; 55 FR 11875, Mar. 29, 1990; 57 FR 3489, joints and the absence of tears, punc- Jan. 29, 1992] tures, or blisters; and (2) Soil-based and admixed liners and § 264.302 Action leakage rate. covers must be inspected for imperfec- (a) The Regional Administrator shall tions including lenses, cracks, chan- approve an action leakage rate for sur- nels, root holes, or other structural face impoundment units subject to non-uniformities that may cause an in- § 264.301(c) or (d). The action leakage crease in the permeability of the liner rate is the maximum design flow rate or cover. that the leak detection system (LDS) (b) While a landfill is in operation, it can remove without the fluid head on must be inspected weekly and after the bottom liner exceeding l foot. The storms to detect evidence of any of the action leakage rate must include an following: adequate safety margin to allow for un- (1) Deterioration, malfunctions, or certainties in the design (e.g., slope, improper operation of run-on and run- hydraulic conductivity, thickness of off control systems; drainage material), construction, oper- (2) Proper functioning of wind dis- ation, and location of the LDS, waste persal control systems, where present; and leachate characteristics, likeli- and hood and amounts of other sources of (3) The presence of leachate in and liquids in the LDS, and proposed re- proper functioning of leachate collec- sponse actions (e.g., the action leakage tion and removal systems, where rate must consider decreases in the present. flow capacity of the system over time (c)(1) An owner or operator required resulting from siltation and clogging, to have a leak detection system under rib layover and creep of synthetic com- § 264.301(c) or (d) must record the ponents of the system, overburden amount of liquids removed from each pressures, etc.). leak detection system sump at least (b) To determine if the action leak- once each week during the active life age rate has been exceeded, the owner and closure period. or operator must convert the weekly or (2) After the final cover is installed, monthly flow rate from the monitoring the amount of liquids removed from data obtained under § 264.303(c), to an each leak detection system sump must average daily flow rate (gallons per be recorded at least monthly. If the liq- acre per day) for each sump. Unless the uid level in the sump stays below the Regional Administrator approves a dif- pump operating level for two consecu- ferent calculation, the average daily tive months, the amount of liquids in flow rate for each sump must be cal- the sumps must be recorded at least culated weekly during the active life quarterly. If the liquid level in the and closure period, and monthly during sump stays below the pump operating the post-closure care period when level for two consecutive quarters, the monthly monitoring is required under amount of liquids in the sumps must be § 264.303(c). recorded at least semi-annually. If at any time during the post-closure care [57 FR 3490, Jan. 29, 1992] period the pump operating level is ex- ceeded at units on quarterly or semi- § 264.303 Monitoring and inspection. annual recording schedules, the owner (a) During construction or installa- or operator must return to monthly re- tion, liners (except in the case of exist- cording of amounts of liquids removed ing portions of landfills exempt from from each sump until the liquid level § 264.301(a)) and cover systems (e.g., again stays below the pump operating membranes, sheets, or coatings) must level for two consecutive months. be inspected for uniformity, damage, (3) ‘‘Pump operating level’’ is a liquid and imperfections (e.g., holes, cracks, level proposed by the owner or operator
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and approved by the Regional Adminis- marizing the results of any remedial trator based on pump activation level, actions taken and actions planned. sump dimensions, and level that avoids (c) To make the leak and/or remedi- backup into the drainage layer and ation determinations in paragraphs minimizes head in the sump. (b)(3), (4), and (5) of this section, the [47 FR 32365, July 26, 1982, as amended at 50 owner or operator must: FR 28748, July 15, 1985; 57 FR 3490, Jan. 29, (1)(i) Assess the source of liquids and 1992] amounts of liquids by source, (ii) Conduct a fingerprint, hazardous § 264.304 Response actions. constituent, or other analyses of the (a) The owner or operator of landfill liquids in the leak detection system to units subject to § 264.301(c) or (d) must identify the source of liquids and pos- have an approved response action plan sible location of any leaks, and the before receipt of waste. The response hazard and mobility of the liquid; and action plan must set forth the actions (iii) Assess the seriousness of any to be taken if the action leakage rate leaks in terms of potential for escaping has been exceeded. At a minimum, the into the environment; or response action plan must describe the (2) Document why such assessments actions specified in paragraph (b) of are not needed. this section. (b) If the flow rate into the leak de- [57 FR 3491, Jan. 29, 1992] tection system exceeds the action leak- age rate for any sump, the owner or op- §§ 264.305—264.308 [Reserved] erator must: § 264.309 Surveying and record- (1) Notify the Regional Adminis- keeping. trator in writing of the exceedence within 7 days of the determination; The owner or operator of a landfill (2) Submit a preliminary written as- must maintain the following items in sessment to the Regional Adminis- the operating record required under trator within 14 days of the determina- § 264.73: tion, as to the amount of liquids, likely (a) On a map, the exact location and sources of liquids, possible location, dimensions, including depth, of each size, and cause of any leaks, and short- cell with respect to permanently sur- term actions taken and planned; veyed benchmarks; and (3) Determine to the extent prac- (b) The contents of each cell and the ticable the location, size, and cause of approximate location of each haz- any leak; ardous waste type within each cell. (4) Determine whether waste receipt [47 FR 32365, July 26, 1982, as amended at 50 should cease or be curtailed, whether FR 4514, Jan. 31, 1985] any waste should be removed from the unit for inspection, repairs, or con- § 264.310 Closure and post-closure trols, and whether or not the unit care. should be closed; (a) At final closure of the landfill or (5) Determine any other short-term upon closure of any cell, the owner or and longer-term actions to be taken to operator must cover the landfill or cell mitigate or stop any leaks; and with a final cover designed and con- (6) Within 30 days after the notifica- structed to: tion that the action leakage rate has been exceeded, submit to the Regional (1) Provide long-term minimization Administrator the results of the anal- of migration of liquids through the yses specified in paragraphs (b)(3), (4), closed landfill; and (5) of this section, the results of ac- (2) Function with minimum mainte- tions taken, and actions planned. nance; Monthly thereafter, as long as the flow (3) Promote drainage and minimize rate in the leak detection system ex- erosion or abrasion of the cover; ceeds the action leakage rate, the (4) Accommodate settling and subsid- owner or operator must submit to the ence so that the cover’s integrity is Regional Administrator a report sum- maintained; and
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(5) Have a permeability less than or nitable wastes in containers may be equal to the permeability of any bot- landfilled without meeting the require- tom liner system or natural subsoils ments of paragraph (a) of this section, present. provided that the wastes are disposed (b) After final closure, the owner or of in such a way that they are pro- operator must comply with all post- tected from any material or conditions closure requirements contained in which may cause them to ignite. At a §§ 264.117 through 264.120, including minimum, ignitable wastes must be maintenance and monitoring through- disposed of in non-leaking containers out the post-closure care period (speci- which are carefully handled and placed fied in the permit under § 264.117). The so as to avoid heat, sparks, rupture, or owner or operator must: any other condition that might cause (1) Maintain the integrity and effec- ignition of the wastes; must be covered tiveness of the final cover, including daily with soil or other non-combus- making repairs to the cap as necessary tible material to minimize the poten- to correct the effects of settling, sub- tial for ignition of the wastes; and sidence, erosion, or other events; must not be disposed of in cells that (2) Continue to operate the leachate contain or will contain other wastes collection and removal system until which may generate heat sufficient to leachate is no longer detected; cause ignition of the waste. (3) Maintain and monitor the leak de- [47 FR 32365, July 26, 1982, as amended at 55 tection system in accordance with FR 22685, June 1, 1990] §§ 264.301(c)(3)(iv) and (4) and 264.303(c), and comply with all other applicable § 264.313 Special requirements for in- leak detection system requirements of compatible wastes. this part; Incompatible wastes, or incompatible (4) Maintain and monitor the ground- wastes and materials, (see appendix V water monitoring system and comply of this part for examples) must not be with all other applicable requirements placed in the same landfill cell, unless of subpart F of this part; § 264.17(b) is complied with. (5) Prevent run-on and run-off from eroding or otherwise damaging the § 264.314 Special requirements for final cover; and bulk and containerized liquids. (6) Protect and maintain surveyed (a) Bulk or non-containerized liquid benchmarks used in complying with waste or waste containing free liquids § 264.309. may be placed in a landfill prior to [47 FR 32365, July 26, 1982, as amended at 50 May 8, 1985 only if: FR 28748, July 15, 1985; 57 FR 3491, Jan. 29, (1) The landfill has a liner and leach- 1992] ate collection and removal system that meet the requirements of § 264.301(a); or § 264.311 [Reserved] (2) Before disposal, the liquid waste or waste containing free liquids is § 264.312 Special requirements for ig- treated or stabilized, chemically or nitable or reactive waste. physically (e.g., by mixing with a sor- (a) Except as provided in paragraph bent solid), so that free liquids are no (b) of this section, and in § 264.316, ig- longer present. nitable or reactive waste must not be (b) Effective May 8, 1985, the place- placed in a landfill, unless the waste ment of bulk or non-containerized liq- and landfill meet all applicable re- uid hazardous waste or hazardous quirements of part 268, and: waste containing free liquids (whether (1) The resulting waste, mixture, or or not sorbents have been added) in any dissolution of material no longer meets landfill is prohibited. the definition of ignitable or reactive (c) To demonstrate the absence or waste under § 261.21 or § 261.23 of this presence of free liquids in either a con- chapter; and tainerized or a bulk waste, the fol- (2) Section 264.17(b) is complied with. lowing test must be used: Method 9095 (b) Except for prohibited wastes (Paint Filter Liquids Test) as described which remain subject to treatment in ‘‘Test Methods for Evaluating Solid standards in subpart D of part 268, ig- Waste, Physical/Chemical Methods,’’ 317
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EPA Publication SW–846, as incor- (2) Tests for nonbiodegradable porated by reference in § 260.11 of this sorbents. (i) The sorbent material is de- chapter. termined to be nonbiodegradable under (d) Containers holding free liquids ASTM Method G21–70 (1984a)—Standard must not be placed in a landfill unless: Practice for Determining Resistance of (1) All free-standing liquid: Synthetic Polymer Materials to Fungi; (i) Has been removed by decanting, or or other methods; (ii) The sorbent material is deter- (ii) Has been mixed with sorbent or mined to be nonbiodegradable under solidified so that free-standing liquid is ASTM Method G22–76 (1984b)—Standard no longer observed; or Practice for Determining Resistance of (iii) Has been otherwise eliminated; Plastics to Bacteria; or or (iii) The sorbent material is deter- (2) The container is very small, such mined to be non-biodegradable under as an ampule; or OECD test 301B: [CO2 Evolution (Modi- (3) The container is designed to hold fied Sturm Test)]. free liquids for use other than storage, (f) Effective November 8, 1985, the such as a battery or capacitor; or placement of any liquid which is not a (4) The container is a lab pack as de- hazardous waste in a landfill is prohib- fined in § 264.316 and is disposed of in ited unless the owner or operator of accordance with § 264.316. such landfill demonstrates to the Re- (e) Sorbents used to treat free liquids gional Administrator, or the Regional to be disposed of in landfills must be Administrator determines, that: nonbiodegradable. Nonbiodegradable (1) The only reasonably available al- sorbents are: materials listed or de- ternative to the placement in such scribed in paragraph (e)(1) of this sec- landfill is placement in a landfill or un- tion; materials that pass one of the lined surface impoundment, whether or tests in paragraph (e)(2) of this section; not permitted or operating under in- or materials that are determined by terim status, which contains, or may EPA to be nonbiodegradable through reasonably be anticipated to contain, the part 260 petition process. hazardous waste; and (1) Nonbiodegradable sorbents. (i) In- (2) Placement in such owner or opera- organic minerals, other inorganic ma- tor’s landfill will not present a risk of terials, and elemental carbon (e.g., contamination of any underground aluminosilicates, clays, smectites, source of drinking water (as that term Fuller’s earth, bentonite, calcium ben- is defined in § 144.3 of this chapter.) tonite, montmorillonite, calcined [47 FR 32365, July 26, 1982, as amended at 50 montmorillonite, kaolinite, micas FR 18374, Apr. 30, 1985; 50 FR 28748, July 15, (illite), vermiculites, zeolites; calcium 1985; 57 FR 54460, Nov. 18, 1992; 58 FR 46050, carbonate (organic free limestone); ox- Aug. 31, 1993; 60 FR 35705, July 11, 1995] ides/hydroxides, alumina, lime, silica (sand), diatomaceous earth; perlite § 264.315 Special requirements for con- (volcanic glass); expanded volcanic tainers. rock; volcanic ash; cement kiln dust; Unless they are very small, such as fly ash; rice hull ash; activated char- an ampule, containers must be either: coal/activated carbon); or (a) At least 90 percent full when (ii) High molecular weight synthetic placed in the landfill; or polymers (e.g., polyethylene, high den- (b) Crushed, shredded, or similarly sity polyethylene (HDPE), poly- reduced in volume to the maximum propylene, polystyrene, polyurethane, practical extent before burial in the polyacrylate, polynorborene, poly- landfill. isobutylene, ground synthetic rubber, cross-linked allylstyrene and tertiary § 264.316 Disposal of small containers butyl copolymers). This does not in- of hazardous waste in overpacked clude polymers derived from biological drums (lab packs). material or polymers specifically de- Small containers of hazardous waste signed to be degradable; or in overpacked drums (lab packs) may (iii) Mixtures of these nonbiodegrada- be placed in a landfill if the following ble materials. requirements are met:
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(a) Hazardous waste must be pack- packed according to the requirements aged in non-leaking inside containers. in paragraph (b) of this section. The inside containers must be of a de- [47 FR 32365, July 26, 1982, as amended at 55 sign and constructed of a material that FR 22685, June 1, 1990; 57 FR 54460, Nov. 18, will not react dangerously with, be de- 1992] composed by, or be ignited by the con- tained waste. Inside containers must be § 264.317 Special requirements for haz- tightly and securely sealed. The inside ardous wastes FO20, FO21, FO22, FO23, FO26, and FO27. containers must be of the size and type specified in the Department of Trans- (a) Hazardous Wastes FO20, FO21, portation (DOT) hazardous materials FO22, FO23, FO26, and FO27 must not regulations (49 CFR parts 173, 178, and be placed in a landfills unless the owner or operator operates the landfill 179), if those regulations specify a par- in accord with a management plan for ticular inside container for the waste. these wastes that is approved by the (b) The inside containers must be Regional Administrator pursuant to overpacked in an open head DOT-speci- the standards set out in this paragraph, fication metal shipping container (49 and in accord with all other applicable CFR parts 178 and 179) of no more than requirements of this part. The factors 416-liter (110 gallon) capacity and sur- to be considered are: rounded by, at a minimum, a sufficient (1) The volume, physical, and chem- quantity of sorbent material, deter- ical characteristics of the wastes, in- mined to be nonbiodegradable in ac- cluding their potential to migrate cordance with § 264.314(e), to com- through the soil or to volatilize or es- pletely sorb all of the liquid contents cape into the atmosphere; of the inside containers. The metal (2) The attenuative properties of un- outer container must be full after it derlying and surrounding soils or other has been packed with inside containers materials; and sorbent material. (3) The mobilizing properties of other (c) The sorbent material used must materials co-disposed with these not be capable of reacting dangerously wastes; and (4) The effectiveness of additional with, being decomposed by, or being ig- treatment, design, or monitoring re- nited by the contents of the inside con- quirements. tainers, in accordance with § 264.17(b). (b) The Regional Administrator may (d) Incompatible wastes, as defined in determine that additional design, oper- § 260.10 of this chapter, must not be ating, and monitoring requirements placed in the same outside container. are necessary for landfills managing (e) Reactive wastes, other than hazardous wastes FO20, FO21, FO22, cyanide- or sulfide-bearing waste as de- FO23, FO26, and FO27 in order to reduce fined in § 261.23(a)(5) of this chapter, the possibility of migration of these must be treated or rendered non-reac- wastes to ground water, surface water, tive prior to packaging in accordance or air so as to protect human health with paragraphs (a) through (d) of this and the environment. section. Cyanide- and sulfide-bearing [50 FR 2004, Jan. 14, 1985] reactive waste may be packed in ac- cordance with paragraphs (a) through Subpart O—Incinerators (d) of this section without first being treated or rendered non-reactive. § 264.340 Applicability. (f) Such disposal is in compliance (a) The regulations of this subpart with the requirements of part 268. Per- apply to owners and operators of haz- sons who incinerate lab packs accord- ardous waste incinerators (as defined ing to the requirements in 40 CFR in § 260.10 of this chapter), except as 268.42(c)(1) may use fiber drums in § 264.1 provides otherwise. place of metal outer containers. Such (b) Integration of the MACT standards. fiber drums must meet the DOT speci- (1) Except as provided by paragraph fications in 49 CFR 173.12 and be over- (b)(2) of this section, the standards of
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this part no longer apply when an and will not be burned when other haz- owner or operator demonstrates com- ardous wastes are present in the com- pliance with the maximum achievable bustion zone; and control technology (MACT) require- (2) If the waste analysis shows that ments of part 63, subpart EEE of this the waste contains none of the haz- chapter by conducting a comprehensive ardous constituents listed in part 261, performance test and submitting to the appendix VIII, of this chapter, which Administrator a Notification of Com- would reasonably be expected to be in pliance under §§ 63.1207(j) and 63.1210(d) the waste. of this chapter documenting compli- (d) If the waste to be burned is one ance with the requirements of subpart which is described by paragraphs EEE of part 63 of this Chapter. Never- theless, even after this demonstration (b)(1)(i), (ii), (iii), or (iv) of this section of compliance with the MACT stand- and contains insignificant concentra- ards, RCRA permit conditions that tions of the hazardous constituents were based on the standards of this listed in part 261, appendix VIII, of this part will continue to be in effect until chapter, then the Regional Adminis- they are removed from the permit or trator may, in establishing permit con- the permit is terminated or revoked, ditions, exempt the applicant from all unless the permit expressly provides requirements of this subpart, except otherwise. § 264.341 (Waste analysis) and § 264.351 (2) The MACT standards do not re- (Closure), after consideration of the place the closure requirements of waste analysis included with part B of § 264.351 or the applicable requirements the permit application, unless the Re- of subparts A through H, BB and CC of gional Administrator finds that the this part. waste will pose a threat to human (c) After consideration of the waste health and the environment when analysis included with part B of the burned in an incinerator. permit application, the Regional Ad- (e) The owner or operator of an incin- ministrator, in establishing the permit erator may conduct trial burns subject conditions, must exempt the applicant only to the requirements of § 270.62 of from all requirements of this subpart this chapter (Short term and inciner- except § 264.341 (Waste analysis) and ator permits). § 264.351 (Closure), (1) If the Regional Administrator [46 FR 7678, Jan. 23, 1981, as amended at 47 finds that the waste to be burned is: FR 27532, June 24, 1982; 48 FR 14295, Apr. 1, (i) Listed as a hazardous waste in 1983; 50 FR 665, Jan. 4, 1985; 50 FR 49203, Nov. part 261, subpart D, of this chapter 29, 1985; 56 FR 7207, Feb. 21, 1991; 64 FR 53074, solely because it is ignitable (Hazard Sept. 30, 1999] Code I), corrosive (Hazard Code C), or both; or § 264.341 Waste analysis. (ii) Listed as a hazardous waste in (a) As a portion of the trial burn plan part 261, subpart D, of this chapter required by § 270.62 of this chapter, or solely because it is reactive (Hazard with part B of the permit application, Code R) for characteristics other than the owner or operator must have in- those listed in § 261.23(a) (4) and (5), and cluded an analysis of the waste feed will not be burned when other haz- sufficient to provide all information re- ardous wastes are present in the com- quired by § 270.62(b) or § 270.19 of this bustion zone; or chapter. Owners or operators of new (iii) A hazardous waste solely because hazardous waste incinerators must pro- it possesses the characteristic of ignit- vide the information required by ability, corrosivity, or both, as deter- § 270.62(c) or § 270.19 of this chapter to mined by the test for characteristics of the greatest extent possible. hazardous wastes under part 261, sub- part C, of this chapter; or (b) Throughout normal operation the (iv) A hazardous waste solely because owner or operator must conduct suffi- it possesses any of the reactivity char- cient waste analysis to verify that acteristics described by § 261.23(a) (1), waste feed to the incinerator is within (2), (3), (6), (7), and (8) of this chapter, the physical and chemical composition
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limits specified in his permit (under determined for each POHC from the § 264.345(b)). following equation: [46 FR 7678, Jan. 23, 1981, as amended at 47 ()WW− FR 27532, June 24, 1982; 48 FR 14295, Apr. 1, = in out × 1983; 48 FR 30115, June 30, 1983; 50 FR 4514, DRE 100% Jan. 31, 1985] Win where: § 264.342 Principal organic hazardous Win=mass feed rate of one principal organic constituents (POHCs). hazardous constituent (POHC) in the (a) Principal Organic Hazardous Con- waste stream feeding the incinerator stituents (POHCs) in the waste feed and
must be treated to the extent required Wout=mass emission rate of the same POHC by the performance standard of present in exhaust emissions prior to re- § 264.343. lease to the atmosphere. (b)(1) One or more POHCs will be (2) An incinerator burning hazardous specified in the facility’s permit, from wastes FO20, FO21, FO22, FO23, FO26, among those constituents listed in part or FO27 must achieve a destruction and 261, appendix VIII of this chapter, for removal efficiency (DRE) of 99.9999% each waste feed to be burned. This for each principal organic hazardous specification will be based on the de- constituent (POHC) designated (under gree of difficulty of incineration of the § 264.342) in its permit. This perform- organic constituents in the waste and ance must be demonstrated on POHCs on their concentration or mass in the that are more difficult to incinerate waste feed, considering the results of than tetra-, penta-, and waste analyses and trial burns or alter- hexachlorodibenzo-p-dioxins and native data submitted with part B of dibenzofurans. DRE is determined for the facility’s permit application. Or- each POHC from the equation in ganic constituents which represent the § 264.343(a)(1). In addition, the owner or greatest degree of difficulty of inciner- operator of the incinerator must notify ation will be those most likely to be the Regional Administrator of his in- designated as POHCs. Constituents are tent to incinerate hazardous wastes more likely to be designated as POHCs FO20, FO21, FO22, FO23, FO26, or FO27. if they are present in large quantities (b) An incinerator burning hazardous or concentrations in the waste. waste and producing stack emissions of (2) Trial POHCs will be designated for more than 1.8 kilograms per hour (4 performance of trial burns in accord- pounds per hour) of hydrogen chloride ance with the procedure specified in (HCl) must control HCl emissions such § 270.62 of this chapter for obtaining that the rate of emission is no greater trial burn permits. than the larger of either 1.8 kilograms [46 FR 7678, Jan. 23, 1981, as amended at 48 per hour or 1% of the HCl in the stack FR 14295, Apr. 1, 1983] gas prior to entering any pollution con- trol equipment. § 264.343 Performance standards. (c) An incinerator burning hazardous An incinerator burning hazardous waste must not emit particulate mat- waste must be designed, constructed, ter in excess of 180 milligrams per dry and maintained so that, when operated standard cubic meter (0.08 grains per in accordance with operating require- dry standard cubic foot) when cor- ments specified under § 264.345, it will rected for the amount of oxygen in the meet the following performance stand- stack gas according to the formula: ards: (a)(1) Except as provided in para- 14 PP=× graph (a)(2) of this section, an inciner- cm − ator burning hazardous waste must 21 Y achieve a destruction and removal effi- Where Pc is the corrected concentra- ciency (DRE) of 99.99% for each prin- tion of particulate matter, Pm is the cipal organic hazardous constituent measured concentration of particulate (POHC) designated (under § 264.342) in matter, and Y is the measured con- its permit for each waste feed. DRE is centration of oxygen in the stack gas,
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using the Orsat method for oxygen the incinerator and ending with initi- analysis of dry flue gas, presented in ation of the trial burn, and only for the part 60, appendix A (Method 3), of this minimum time required to establish chapter. This correction procedure is operating conditions required in para- to be used by all hazardous waste in- graph (c)(2) of this section, not to ex- cinerators except those operating ceed a duration of 720 hours operating under conditions of oxygen enrich- time for treatment of hazardous waste, ment. For these facilities, the Regional the operating requirements must be Administrator will select an appro- those most likely to ensure compliance priate correction procedure, to be spec- with the performance standards of ified in the facility permit. § 264.343, based on the Regional Admin- (d) For purposes of permit enforce- istrator’s engineering judgment. The ment, compliance with the operating Regional Administrator may extend requirements specified in the permit the duration of this period once for up (under § 264.345) will be regarded as to 720 additional hours when good compliance with this section. However, cause for the extension is dem- evidence that compliance with those onstrated by the applicant. permit conditions is insufficient to en- (2) For the duration of the trial burn, sure compliance with the performance the operating requirements must be requirements of this section may be sufficient to demonstrate compliance ‘‘information’’ justifying modification, with the performance standards of revocation, or reissuance of a permit § 264.343 and must be in accordance under § 270.41 of this chapter. with the approved trial burn plan; (3) For the period immediately fol- [46 FR 7678, Jan. 23, 1981, as amended at 47 lowing completion of the trial burn, FR 27532, June 24, 1982; 48 FR 14295, Apr. 1, 1983; 50 FR 2005, Jan. 14, 1985] and only for the minimum period suffi- cient to allow sample analysis, data § 264.344 Hazardous waste incinerator computation, and submission of the permits. trial burn results by the applicant, and (a) The owner or operator of a haz- review of the trial burn results and ardous waste incinerator may burn modification of the facility permit by only wastes specified in his permit and the Regional Administrator, the oper- only under operating conditions speci- ating requirements must be those most fied for those wastes under § 264.345, ex- likely to ensure compliance with the cept: performance standards of § 264.343, (1) In approved trial burns under based on the Regional Administrator’s § 270.62 of this chapter; or engineering judgement. (2) Under exemptions created by (4) For the remaining duration of the § 264.340. permit, the operating requirements (b) Other hazardous wastes may be must be those demonstrated, in a trial burned only after operating conditions burn or by alternative data specified in have been specified in a new permit or § 270.19(c) of this chapter, as sufficient a permit modification as applicable. to ensure compliance with the perform- Operating requirements for new wastes ance standards of § 264.343. may be be based on either trial burn re- [46 FR 7678, Jan. 23, 1981, as amended at 47 sults or alternative data included with FR 27532, June 24, 1982; 48 FR 14295, Apr. 1, part B of a permit application under 1983; 50 FR 4514, Jan. 31, 1985] § 270.19 of this chapter. (c) The permit for a new hazardous § 264.345 Operating requirements. waste incinerator must establish ap- (a) An incinerator must be operated propriate conditions for each of the ap- in accordance with operating require- plicable requirements of this subpart, ments specified in the permit. These including but not limited to allowable will be specified on a case-by-case basis waste feeds and operating conditions as those demonstrated (in a trial burn necessary to meet the requirements of or in alternative data as specified in § 264.345, sufficient to comply with the § 264.344(b) and included with part B of following standards: a facility’s permit application) to be (1) For the period beginning with ini- sufficient to comply with the perform- tial introduction of hazardous waste to ance standards of § 264.343.
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(b) Each set of operating require- tions exceed limits designated in its ments will specify the composition of permit. the waste feed (including acceptable [46 FR 7678, Jan. 23, 1981, as amended at 47 variations in the physical or chemical FR 27532, June 24, 1982; 50 FR 4514, Jan. 31, properties of the waste feed which will 1985] not affect compliance with the per- formance requirement of § 264.343) to § 264.346 [Reserved] which the operating requirements apply. For each such waste feed, the § 264.347 Monitoring and inspections. permit will specify acceptable oper- (a) The owner or operator must con- ating limits including the following duct, as a minimum, the following conditions: monitoring while incinerating haz- (1) Carbon monoxide (CO) level in the ardous waste: stack exhaust gas; (1) Combustion temperature, waste (2) Waste feed rate; feed rate, and the indicator of combus- (3) Combustion temperature; tion gas velocity specified in the facil- (4) An appropriate indicator of com- ity permit must be monitored on a con- bustion gas velocity; tinuous basis. (5) Allowable variations in inciner- (2) CO must be monitored on a con- ator system design or operating proce- tinuous basis at a point in the inciner- dures; and ator downstream of the combustion (6) Such other operating require- zone and prior to release to the atmos- ments as are necessary to ensure that phere. the performance standards of § 264.343 (3) Upon request by the Regional Ad- are met. ministrator, sampling and analysis of (c) During start-up and shut-down of the waste and exhaust emissions must an incinerator, hazardous waste (ex- be conducted to verify that the oper- cept wastes exempted in accordance ating requirements established in the with § 264.340) must not be fed into the permit achieve the performance stand- incinerator unless the incinerator is ards of § 264.343. operating within the conditions of op- (b) The incinerator and associated eration (temperature, air feed rate, etc.) specified in the permit. equipment (pumps, valves, conveyors, pipes, etc.) must be subjected to thor- (d) Fugitive emissions from the com- ough visual inspection, at least daily, bustion zone must be controlled by: for leaks, spills, fugitive emissions, and (1) Keeping the combustion zone to- signs of tampering. tally sealed against fugitive emissions; or (c) The emergency waste feed cutoff system and associated alarms must be (2) Maintaining a combustion zone pressure lower than atmospheric pres- tested at least weekly to verify oper- sure; or ability, unless the applicant dem- onstrates to the Regional Adminis- (3) An alternate means of control demonstrated (with part B of the per- trator that weekly inspections will un- mit application) to provide fugitive duly restrict or upset operations and emissions control equivalent to main- that less frequent inspection will be tenance of combustion zone pressure adequate. At a minimum, operational lower than atmospheric pressure. testing must be conducted at least (e) An incinerator must be operated monthly. with a functioning system to automati- (d) This monitoring and inspection cally cut off waste feed to the inciner- data must be recorded and the records ator when operating conditions deviate must be placed in the operating log re- from limits established under para- quired by § 264.73. graph (a) of this section. [46 FR 7678, Jan. 23, 1981, as amended at 47 (f) An incinerator must cease oper- FR 27533, June 24, 1982; 50 FR 4514, Jan. 31, ation when changes in waste feed, in- 1985] cinerator design, or operating condi-
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§§ 264.348—264.350 [Reserved] sure process under § 264.113 or § 265.113; and § 264.351 Closure. (ii) Inclusion of the regulated unit At closure the owner or operator will enhance implementation of effec- must remove all hazardous waste and tive, protective and reliable remedial hazardous waste residues (including, actions for the facility. but not limited to, ash, scrubber wa- (2) The subpart F, G, and H require- ters, and scrubber sludges) from the in- ments and the unit-specific require- cinerator site. ments of part 264 or 265 that applied to that regulated unit will continue to [Comment: At closure, as throughout the op- erating period, unless the owner or operator apply to that portion of the CAMU can demonstrate, in accordance with after incorporation into the CAMU. § 261.3(d) of this chapter, that the residue re- (c) The Regional Administrator shall moved from the incinerator is not a haz- designate a CAMU in accordance with ardous waste, the owner or operator becomes the following: a generator of hazardous waste and must manage it in accordance with applicable re- (1) The CAMU shall facilitate the im- quirements of parts 262 through 266 of this plementation of reliable, effective, pro- chapter.] tective, and cost-effective remedies; (2) Waste management activities as- [46 FR 7678, Jan. 23, 1981] sociated with the CAMU shall not cre- ate unacceptable risks to humans or to Subparts P–R [Reserved] the environment resulting from expo- sure to hazardous wastes or hazardous Subpart S—Corrective Action for constituents; Solid Waste Management Units (3) The CAMU shall include uncontaminated areas of the facility, § 264.552 Corrective Action Manage- only if including such areas for the ment Units (CAMU). purpose of managing remediation (a) To implement remedies under waste is more protective than manage- § 264.101 or RCRA 3008(h), or to imple- ment of such wastes at contaminated ment remedies at a permitted facility areas of the facility; that is not subject to § 264.101, the Re- (4) Areas within the CAMU, where gional Administrator may designate an wastes remain in place after closure of area at the facility as a corrective ac- the CAMU, shall be managed and con- tion management unit, as defined in tained so as to minimize future re- § 260.10, under the requirements in this leases, to the extent practicable; section. A CAMU must be located with- (5) The CAMU shall expedite the tim- in the contiguous property under the ing of remedial activity implementa- control of the owner/operator where tion, when appropriate and practicable; the wastes to be managed in the CAMU originated. One or more CAMUs may be (6) The CAMU shall enable the use, designated at a facility. when appropriate, of treatment tech- (1) Placement of remediation wastes nologies (including innovative tech- into or within a CAMU does not con- nologies) to enhance the long-term ef- stitute land disposal of hazardous fectiveness of remedial actions by re- wastes. ducing the toxicity, mobility, or vol- (2) Consolidation or placement of re- ume of wastes that will remain in place mediation wastes into or within a after closure of the CAMU; and CAMU does not constitute creation of a (7) The CAMU shall, to the extent unit subject to minimum technology practicable, minimize the land area of requirements. the facility upon which wastes will re- (b)(1) The Regional Administrator main in place after closure of the may designate a regulated unit (as de- CAMU. fined in § 264.90(a)(2)) as a CAMU, or (d) The owner/operator shall provide may incorporate a regulated unit into sufficient information to enable the a CAMU, if: Regional Administrator to designate a (i) The regulated unit is closed or CAMU in accordance with the criteria closing, meaning it has begun the clo- in § 264.552.
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(e) The Regional Administrator shall § 264.552(e), the Regional Administrator specify, in the permit or order, require- shall consider the following factors: ments for CAMUs to include the fol- (A) CAMU characteristics; lowing: (B) Volume of wastes which remain (1) The areal configuration of the in place after closure; CAMU. (C) Potential for releases from the (2) Requirements for remediation CAMU; waste management to include the spec- (D) Physical and chemical character- ification of applicable design, oper- istics of the waste; ation and closure requirements. (E) Hydrological and other relevant (3) Requirements for ground water environmental conditions at the facil- monitoring that are sufficient to: ity which may influence the migration (i) Continue to detect and to charac- of any potential or actual releases; and terize the nature, extent, concentra- (F) Potential for exposure of humans tion, direction, and movement of exist- and environmental receptors if releases ing releases of hazardous constituents were to occur from the CAMU. in ground water from sources located (iv) Post-closure requirements as within the CAMU; and necessary to protect human health and (ii) Detect and subsequently charac- the environment, to include, for areas terize releases of hazardous constitu- where wastes will remain in place, ents to ground water that may occur monitoring and maintenance activi- from areas of the CAMU in which ties, and the frequency with which wastes will remain in place after clo- such activities shall be performed to sure of the CAMU. ensure the integrity of any cap, final (4) Closure and post-closure require- cover, or other containment system. ments. (f) The Regional Administrator shall (i) Closure of corrective action man- document the rationale for designating agement units shall: CAMUs and shall make such docu- (A) Minimize the need for further mentation available to the public. maintenance; and (g) Incorporation of a CAMU into an (B) Control, minimize, or eliminate, existing permit must be approved by to the extent necessary to protect the Regional Administrator according human health and the environment, for to the procedures for Agency-initiated areas where wastes remain in place, permit modifications under § 270.41 of post-closure escape of hazardous waste, this chapter, or according to the per- hazardous constituents, leachate, con- mit modification procedures of § 270.42 taminated runoff, or hazardous waste of this chapter. decomposition products to the ground, (h) The designation of a CAMU does to surface waters, or to the atmos- not change EPA’s existing authority to phere. address clean-up levels, media-specific (ii) Requirements for closure of points of compliance to be applied to CAMUs shall include the following, as remediation at a facility, or other rem- appropriate and as deemed necessary edy selection decisions. by the Regional Administrator for a [58 FR 8683, Feb. 16, 1993, as amended at 63 given CAMU: FR 65939, Nov. 30, 1998] (A) Requirements for excavation, re- moval, treatment or containment of § 264.553 Temporary Units (TU). wastes; (a) For temporary tanks and con- (B) For areas in which wastes will re- tainer storage areas used to treat or main after closure of the CAMU, re- store hazardous remediation wastes quirements for capping of such areas; during remedial activities required and under § 264.101 or RCRA 3008(h), or at a (C) Requirements for removal and de- permitted facility that is not subject contamination of equipment, devices, to § 264.101, the Regional Administrator and structures used in remediation may designate a unit at the facility, as waste management activities within a temporary unit. A temporary unit the CAMU. must be located within the contiguous (iii) In establishing specific closure property under the control of the requirements for CAMUs under owner/operator where the wastes to be
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managed in the temporary unit origi- (f) Incorporation of a temporary unit nated. For temporary units, the Re- or a time extension for a temporary gional Administrator may replace the unit into an existing permit shall be: design, operating, or closure standard (1) Approved in accordance with the applicable to these units under this procedures for Agency-initiated permit part 264 or part 265 of this chapter with modifications under § 270.41; or alternative requirements which protect (2) Requested by the owner/operator human health and the environment. as a Class II modification according to (b) Any temporary unit to which al- the procedures under § 270.42 of this ternative requirements are applied in chapter. accordance with paragraph (a) of this (g) The Regional Administrator shall section shall be: document the rationale for designating (1) Located within the facility bound- a temporary unit and for granting time ary; and extensions for temporary units and (2) Used only for treatment or stor- shall make such documentation avail- age of remediation wastes. able to the public. (c) In establishing standards to be ap- [58 FR 8683, Feb. 16, 1993, as amended at 63 plied to a temporary unit, the Regional FR 65939, Nov. 30, 1998] Administrator shall consider the fol- lowing factors: § 264.554 Staging piles. (1) Length of time such unit will be This section is written in a special in operation; format to make it easier to understand (2) Type of unit; the regulatory requirements. Like (3) Volumes of wastes to be managed; other Environmental Protection Agen- (4) Physical and chemical character- cy (EPA) regulations, this establishes istics of the wastes to be managed in enforceable legal requirements. For the unit; this ‘‘I’’ and ‘‘you’’ refer to the owner/op- (5) Potential for releases from the erator. unit; (a) What is a staging pile? A staging (6) Hydrogeological and other rel- pile is an accumulation of solid, non- evant environmental conditions at the flowing remediation waste (as defined facility which may influence the mi- in § 260.10 of this chapter) that is not a gration of any potential releases; and containment building and is used only during remedial operations for tem- (7) Potential for exposure of humans porary storage at a facility. A staging and environmental receptors if releases pile must be located within the contig- were to occur from the unit. uous property under the control of the (d) The Regional Administrator shall owner/operator where the wastes to be specify in the permit or order the managed in the staging pile originated. length of time a temporary unit will be Staging piles must be designated by allowed to operate, to be no longer the Director in according to the re- than a period of one year. The Regional quirements in this section. Administrator shall also specify the de- (b) When may I use a staging pile? You sign, operating, and closure require- may use a staging pile to store haz- ments for the unit. ardous remediation waste (or remedi- (e) The Regional Administrator may ation waste otherwise subject to land extend the operational period of a tem- disposal restrictions) only if you follow porary unit once for no longer than a the standards and design criteria the period of one year beyond that origi- Director has designated for that stag- nally specified in the permit or order, ing pile. The Director must designate if the Administrator determines that: the staging pile in a permit or, at an (1) Continued operation of the unit interim status facility, in a closure will not pose a threat to human health plan or order (consistent with and the environment; and § 270.72(a)(5) and (b)(5) of this chapter). (2) Continued operation of the unit is The Director must establish conditions necessary to ensure timely and effi- in the permit, closure plan, or order cient implementation of remedial ac- that comply with paragraphs (d) tions at the facility. through (k) of this section.
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(c) What information must I provide to (2) In setting the standards and de- get a staging pile designated? When seek- sign criteria, the Director must con- ing a staging pile designation, you sider the following factors: must provide: (i) Length of time the pile will be in (1) Sufficient and accurate informa- operation; tion to enable the Director to impose (ii) Volumes of wastes you intend to standards and design criteria for your store in the pile; staging pile according to paragraphs (iii) Physical and chemical charac- (d) through (k) of this section; teristics of the wastes to be stored in (2) Certification by an independent, the unit; qualified, registered professional engi- neer for technical data, such as design (iv) Potential for releases from the drawings and specifications, and engi- unit; neering studies, unless the Director de- (v) Hydrogeological and other rel- termines, based on information that evant environmental conditions at the you provide, that this certification is facility that may influence the migra- not necessary to ensure that a staging tion of any potential releases; and pile will protect human health and the (vi) Potential for human and environ- environment; and mental exposure to potential releases (3) Any additional information the from the unit; Director determines is necessary to (e) May a staging pile receive ignitable protect human health and the environ- or reactive remediation waste? You must ment. not place ignitable or reactive remedi- (d) What performance criteria must a ation waste in a staging pile unless: staging pile satisfy? The Director must (1) You have treated, rendered or establish the standards and design cri- mixed the remediation waste before teria for the staging pile in the permit, you placed it in the staging pile so closure plan, or order. that: (1) The standards and design criteria must comply with the following: (i) The remediation waste no longer (i) The staging pile must facilitate a meets the definition of ignitable or re- reliable, effective and protective rem- active under § 261.21 or § 261.23 of this edy; chapter; and (ii) The staging pile must be designed (ii) You have complied with so as to prevent or minimize releases of § 264.17(b); or hazardous wastes and hazardous con- (2) You manage the remediation stituents into the environment, and waste to protect it from exposure to minimize or adequately control cross- any material or condition that may media transfer, as necessary to protect cause it to ignite or react. human health and the environment (for (f) How do I handle incompatible reme- example, through the use of liners, cov- diation wastes in a staging pile? The ers, run-off/run-on controls, as appro- term ‘‘incompatible waste’’ is defined in priate); and § 260.10 of this chapter. You must com- (iii) The staging pile must not oper- ply with the following requirements for ate for more than two years, except incompatible wastes in staging piles: when the Director grants an operating (1) You must not place incompatible term extension under paragraph (i) of remediation wastes in the same staging this section (entitled ‘‘May I receive an operating extension for a staging pile unless you have complied with pile?’’). You must measure the two-year § 264.17(b); limit, or other operating term specified (2) If remediation waste in a staging by the Director in the permit, closure pile is incompatible with any waste or plan, or order, from the first time you material stored nearby in containers, place remediation waste into a staging other piles, open tanks or land disposal pile. You must maintain a record of the units (for example, surface impound- date when you first placed remediation ments), you must separate the incom- waste into the staging pile for the life patible materials, or protect them of the permit, closure plan, or order, or from one another by using a dike, for three years, whichever is longer. berm, wall or other device; and
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(3) You must not pile remediation (ii) Contaminated containment sys- waste on the same base where incom- tem components; and patible wastes or materials were pre- (iii) Structures and equipment con- viously piled, unless the base has been taminated with waste and leachate. decontaminated sufficiently to comply (2) You must also decontaminate con- with § 264.17(b). taminated subsoils in a manner and ac- (g) Are staging piles subject to Land cording to a schedule that the Director Disposal Restrictions (LDR) and Min- determines will protect human health imum Technological Requirements (MTR)? and the environment. No. Placing hazardous remediation (3) The Director must include the wastes into a staging pile does not con- above requirements in the permit, clo- stitute land disposal of hazardous sure plan, or order in which the staging wastes or create a unit that is subject pile is designated. to the minimum technological require- (k) What is the closure requirement for ments of RCRA 3004(o). a staging pile located in an (h) How long may I operate a staging uncontaminated area? (1) Within 180 pile? The Director may allow a staging days after the operating term of the pile to operate for up to two years after staging pile expires, you must close a hazardous remediation waste is first staging pile located in an placed into the pile. You must use a uncontaminated area of the site ac- staging pile no longer than the length cording to §§ 264.258(a) and 264.111; or of time designated by the Director in according to §§ 265.258(a) and 265.111 of the permit, closure plan, or order (the this chapter. (2) The Director must include the ‘‘operating term’’), except as provided in paragraph (i) of this section. above requirement in the permit, clo- sure plan, or order in which the staging (i) May I receive an operating extension pile is designated. for a staging pile? (1) The Director may (l) How may my existing permit (for ex- grant one operating term extension of ample, RAP), closure plan, or order be up to 180 days beyond the operating modified to allow me to use a staging pile? term limit contained in the permit, (1) To modify a permit, other than a closure plan, or order (see paragraph (l) RAP, to incorporate a staging pile or of this section for modification proce- staging pile operating term extension, dures). To justify to the Director the either: need for an extension, you must pro- (i) The Director must approve the vide sufficient and accurate informa- modification under the procedures for tion to enable the Director to deter- Agency-initiated permit modifications mine that continued operation of the in § 270.41 of this chapter; or staging pile: (ii) You must request a Class 2 modi- (i) Will not pose a threat to human fication under § 270.42 of this chapter. health and the environment; and (2) To modify a RAP to incorporate a (ii) Is necessary to ensure timely and staging pile or staging pile operating efficient implementation of remedial term extension, you must comply with actions at the facility. the RAP modification requirements (2) The Director may, as a condition under §§ 270.170 and 270.175 of this chap- of the extension, specify further stand- ter. ards and design criteria in the permit, (3) To modify a closure plan to incor- closure plan, or order, as necessary, to porate a staging pile or staging pile op- ensure protection of human health and erating term extension, you must fol- the environment. low the applicable requirements under (j) What is the closure requirement for a § 264.112(c) or § 265.112(c) of this chapter. staging pile located in a previously con- (4) To modify an order to incorporate taminated area? (1) Within 180 days after a staging pile or staging pile operating the operating term of the staging pile term extension, you must follow the expires, you must close a staging pile terms of the order and the applicable located in a previously contaminated provisions of § 270.72(a)(5) or (b)(5) of area of the site by removing or decon- this chapter. taminating all: (m) Is information about the staging (i) Remediation waste; pile available to the public? The Director
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must document the rationale for desig- (ii) Document the cleanup of the nating a staging pile or staging pile op- drippage; erating term extension and make this (iii) Retain documents regarding documentation available to the public. cleanup for three years; and [63 FR 65939, Nov. 30, 1998] (iv) Manage the contaminated media in a manner consistent with Federal regulations. Subparts T–V [Reserved] [56 FR 30196, July 1, 1991, as amended at 57 Subpart W—Drip Pads FR 61502, Dec. 24, 1992] § 264.571 Assessment of existing drip SOURCE: 56 FR 30196, July 1, 1991, unless pad integrity. otherwise noted. (a) For each existing drip pad as de- § 264.570 Applicability. fined in § 264.570 of this subpart, the owner or operator must evaluate the (a) The requirements of this subpart drip pad and determine that it meets apply to owners and operators of facili- all of the requirements of this subpart, ties that use new or existing drip pads except the requirements for liners and to convey treated wood drippage, pre- leak detection systems of § 264.573(b). cipitation, and/or surface water run-off No later than the effective date of this to an associated collection system. Ex- rule, the owner or operator must ob- isting drip pads are those constructed tain and keep on file at the facility a before December 6, 1990 and those for written assessment of the drip pad, re- which the owner or operator has a de- viewed and certified by an independent, sign and has entered into binding fi- qualified registered professional engi- nancial or other agreements for con- neer that attests to the results of the struction prior to December 6, 1990. All other drip pads are new drip pads. The evaluation. The assessment must be re- requirement at § 264.573(b)(3) to install viewed, updated and re-certified annu- a leak collection system applies only ally until all upgrades, repairs, or to those drip pads that are constructed modifications necessary to achieve after December 24, 1992 except for those compliance with all of the standards of constructed after December 24, 1992 for § 264.573 of this subpart are complete. which the owner or operator has a de- The evaluation must document the ex- sign and has entered into binding fi- tent to which the drip pad meets each nancial or other agreements for con- of the design and operating standards struction prior to December 24, 1992. of § 264.573 of this subpart, except the (b) The owner or operator of any drip standards for liners and leak detection pad that is inside or under a structure systems, specified in § 264.573(b) of this that provides protection from precipi- subpart. tation so that neither run-off nor run- (b) The owner or operator must de- on is generated is not subject to regu- velop a written plan for upgrading, re- lation under § 264.573(e) or § 264.573(f), as pairing, and modifying the drip pad to appropriate. meet the requirements of § 264.573(b) of (c) The requirements of this subpart this subpart, and submit the plan to are not applicable to the management the Regional Administrator no later of infrequent and incidental drippage than 2 years before the date that all re- in storage yards provided that: pairs, upgrades, and modifications are (1) The owner or operator maintains complete. This written plan must de- and complies with a written contin- scribe all changes to be made to the gency plan that describes how the drip pad in sufficient detail to docu- owner or operator will respond imme- ment compliance with all the require- diately to the discharge of such infre- ments of § 264.573 of this subpart. The quent and incidental drippage. At a plan must be reviewed and certified by minimum, the contingency plan must an independent qualified registered describe how the owner or operator will professional engineer. do the following: (c) Upon completion of all upgrades, (i) Clean up the drippage; repairs, and modifications, the owner
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or operator must submit to the Re- gaps that could adversely affect its hy- gional Administrator or State Direc- draulic conductivity, and the material tor, the as-built drawings for the drip must be chemically compatible with pad together with a certification by an the preservatives that contact the drip independent qualified registered profes- pad. The requirements of this provision sional engineer attesting that the drip apply only to existing drip pads and pad conforms to the drawings. those drip pads for which the owner or (d) If the drip pad is found to be leak- operator elects to comply with ing or unfit for use, the owner or oper- § 264.572(a) instead of § 264.572(b). ator must comply with the provisions (ii) The owner or operator must ob- of § 264.573 (m) of this subpart or close tain and keep on file at the facility a the drip pad in accordance with § 264.575 written assessment of the drip pad, re- of this subpart. viewed and certified by an independent, [56 FR 30196, July 1, 1991, as amended at 57 qualified registered professional engi- FR 61503, Dec. 24, 1992] neer that attests to the results of the evaluation. The assessment must be re- § 264.572 Design and installation of viewed, updated and recertified annu- new drip pads. ally. The evaluation must document Owners and operators of new drip the extent to which the drip pad meets pads must ensure that the pads are de- the design and operating standards of signed, installed, and operated in ac- this section, except for paragraph (b) of cordance with one of the following: this Section. (a) all of the requirements of §§ 264.573 (5) Be of sufficient structural (except 264.573(a)(4)), 264.574 and 264.575 strength and thickness to prevent fail- of this subpart, or ure due to physical contact, climatic (b) all of the requirements of §§ 264.573 conditions, the stress of daily (except § 264.573(b)), 264.574 and 264.575 perations, e.g., variable and moving of this subpart. loads such as vehicle traffic, movement of wood, etc. [57 FR 61503, Dec. 24, 1992] [NOTE: EPA will generally consider applica- § 264.573 Design and operating re- ble standards established by professional or- quirements. ganizations generally recognized by the in- (a) Drip pads must: (1) Be constructed dustry such as the American Concrete Insti- of non-earthern materials, excluding tute (ACI) or the American Society of Test- wood and non-structurally supported ing and Materials (ASTM) in judging the structural integrity requirement of this asphalt: paragraph.] (2) Be sloped to free-drain treated wood drippage, rain and other waters, (b) If an owner/operator elects to or solutions of drippage and water or comply with § 264.572(b) instead of other wastes to the associated collec- § 264.572(a), the drip pad must have: tion system; (1) A synthetic liner installed below (3) Have a curb or berm around the the drip pad that is designed, con- perimeter; structed, and installed to prevent leak- (4)(i) Have a hydraulic conductivity age from the drip pad into the adjacent of less than or equal to 1×10¥7 centi- subsurface soil or groundwater or sur- meters per second, e.g., existing con- face water at any time during the ac- crete drip pads must be sealed, coated, tive life (including the closure period) or covered with a surface material with of the drip pad. The liner must be con- a hydraulic conductivity of less than or structed of materials that will prevent equal to 1×10¥7 centimeters per second waste from being absorbed into the such that the entire surface where liner and to prevent releases into the drippage occurs or may run across is adjacent subsurface soil or ground- capable of containing such drippage water or surface water during the ac- and mixtures of drippage and precipita- tive life of the facility. The liner must tion, materials, or other wastes while be: being routed to an associated collec- (i) Constructed of materials that tion system. This surface material have appropriate chemical properties must be maintained free of cracks and and sufficient strength and thickness
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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 § 264.570(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 liner and resistance to pressure gra- peak discharge from at least a 24-hour, dients above and below the liner to pre- 25-year storm, unless the system has vent failure of the liner due to settle- sufficient excess capacity to contain ment, compression or uplift; and any run-off that might enter the (iii) Installed to cover all sur- system. rounding earth that could come in con- (f) Unless protected by a structure or tact with the waste or leakage; and cover as described in § 264.570(b) of this (2) A leakage detection system imme- subpart, the owner or operator must diately above the liner that is de- design, construct, operate and main- signed, constructed, maintained and tain a run-off management system to operated to detect leakage from the collect and control at least the water drip pad. The leakage detection system volume resulting from a 24-hour, 25- must be: year storm. (i) Constructed of materials that are: (g) The drip pad must be evaluated to (A) Chemically resistant to the waste determine that it meets the require- managed in the drip pad and the leak- ments of paragraphs (a) through (f) of age that might be generated; and this section and the owner or operator (B) Of sufficient strength and thick- must obtain a statement from an inde- ness to prevent collapse under the pres- pendent, qualified registered profes- sures exerted by overlaying materials sional engineer certifying that the drip and by any equipment used at the drip pad design meets the requirements of pad; this section. (ii) Designed and operated to func- (h) Drippage and accumulated pre- tion without clogging through the cipitation must be removed from the scheduled closure of the drip pad; and associated collection system as nec- (iii) Designed so that it will detect essary to prevent overflow onto the the failure of the drip pad or the pres- drip pad. ence of a release of hazardous waste or (i) The drip pad surface must be accumulated liquid at the earliest cleaned thoroughly in a manner and practicable time. frequency such that accumulated resi- (3) A leakage collection system im- dues of hazardous waste or other mate- mediately above the liner that is de- rials are removed, with residues being signed, constructed, maintained and properly managed as hazardous waste, operated to collect leakage from the so as to allow weekly inspections of the drip pad such that it can be removed entire drip pad surface without inter- from below the drip pad. The date, ference or hindrance from accumulated time, and quantity of any leakage col- residues of hazardous waste or other lected in this system and removed materials on the drip pad. The owner must be documented in the operating or operator must document the date log. and time of each cleaning and the (c) Drip pads must be maintained cleaning procedure used in the facili- such that they remain free of cracks, ty’s operating log. The owner/operator gaps, corrosion, or other deterioration must determine if the residues are haz- that could cause hazardous waste to be ardous as per 40 CFR 262.11 and, if so, released from the drip pad. must manage them under parts 261–268, [NOTE:See § 264.573(m) for remedial action re- 270, and section 3010 of RCRA. quired if deterioration or leakage is de- (j) Drip pads must be operated and tected.] maintained in a manner to minimize
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tracking of hazardous waste or haz- notify the owner or operator of the de- ardous waste constituents off the drip termination and the underlying ration- pad as a result of activities by per- ale in writing. sonnel or equipment. (3) Upon completing all repairs and (k) After being removed from the clean up, the owner or operator must treatment vessel, treated wood from notify the Regional Administrator in pressure and non-pressure processes writing and provide a certification must be held on the drip pad until signed by an independent, qualified drippage has ceased. The owner or op- registered professional engineer, that erator must maintain records suffi- the repairs and clean up have been cient to document that all treated completed according to the written wood is held on the pad following treat- plan submitted in accordance with ment in accordance with this require- paragraph (m)(1)(iv) of this section. ment. (n) Should a permit be necessary, the (l) Collection and holding units asso- Regional Administrator will specify in ciated with run-on and run-off control the permit all design and operating systems must be emptied or otherwise practices that are necessary to ensure managed as soon as possible after that the requirements of this section storms to maintain design capacity of are satisfied. the system. (o) The owner or operator must main- (m) Throughout the active life of the tain, as part of the facility operating drip pad and as specified in the permit, log, documentation of past operating if the owner or operator detects a con- and waste handling practices. This dition that may have caused or has must include identification of preserv- caused a release of hazardous waste, ative formulations used in the past, a the condition must be repaired within description of drippage management a reasonably prompt period of time fol- practices, and a description of treated lowing discovery, in accordance with wood storage and handling practices. the following procedures: (1) Upon detection of a condition that [56 FR 30196, July 1, 1991, as amended at 57 FR 5861, Feb. 18, 1992; 57 FR 61503, Dec. 24, may have caused or has caused a re- 1992] lease of hazardous waste (e.g., upon de- tection of leakage in the leak detection system), the owner or operator must: § 264.574 Inspections. (i) Enter a record of the discovery in (a) During construction or installa- the facility operating log; tion, liners and cover systems (e.g., (ii) Immediately remove the portion membranes, sheets, or coatings) must of the drip pad affected by the condi- be inspected for uniformity, damage tion from service; and imperfections (e.g., holes, cracks, (iii) Determine what steps must be thin spots, or foreign materials). Im- taken to repair the drip pad and clean mediately after construction or instal- up any leakage from below the drip lation, liners must be inspected and pad, and establish a schedule for ac- certified as meeting the requirements complishing the repairs; of § 264.573 of this subpart by an inde- (iv) Within 24 hours after discovery of pendent qualified, registered profes- the condition, notify the Regional Ad- sional engineer. This certification ministrator of the condition and, with- must be maintained at the facility as in 10 working days, provide written no- part of the facility operating record. tice to the Regional Administrator After installation, liners and covers with a description of the steps that will must be inspected to ensure tight be taken to repair the drip pad and seams and joints and the absence of clean up any leakage, and the schedule tears, punctures, or blisters. for accomplishing this work. (b) While a drip pad is in operation, it (2) The Regional Administrator will must be inspected weekly and after review the information submitted, storms to detect evidence of any of the make a determination regarding following: whether the pad must be removed from (1) Deterioration, malfunctions or service completely or partially until improper operation of run-on and run- repairs and clean up are complete and off control systems;
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(2) The presence of leakage in and soils can be practicably removed at proper functioning of leak detection closure. system. (2) The cost estimates calculated (3) Deterioration or cracking of the under §§ 264.112 and 264.144 of this part drip pad surface. for closure and post-closure care of a NOTE: See § 264.573(m) for remedial action drip pad subject to this paragraph must required if deterioration or leakage is include the cost of complying with the detected. contingent closure plan and the contin- gent post-closure plan, but are not re- § 264.575 Closure. quired to include the cost of expected (a) At closure, the owner or operator closure under paragraph (a) of this must remove or decontaminate all section. waste residues, contaminated contain- ment system components (pad, liners, Subpart X—Miscellaneous Units etc.), contaminated subsoils, and struc- tures and equipment contaminated SOURCE: 52 FR 46964, Dec. 10, 1987, unless with waste and leakage, and manage otherwise noted. them as hazardous waste. § 264.600 Applicability. (b) If, after removing or decontami- nating all residues and making all rea- The requirements in this subpart sonable efforts to effect removal or de- apply to owners and operators of facili- contamination of contaminated compo- ties that treat, store, or dispose of haz- nents, subsoils, structures, and equip- ardous waste in miscellanenous units, ment as required in paragraph (a) of except as § 264.1 provide otherwise. this section, the owner or operator § 264.601 Environmental performance finds that not all contaminated sub- standards. soils can be practicably removed or de- A miscellaneous unit must be lo- contaminated, he must close the facil- cated, designed, constructed, operated, ity and perform post-closure care in ac- maintained, and closed in a manner cordance with closure and post-closure that will ensure protection of human care requirements that apply to land- health and the environment. Permits fills (§ 264.310). For permitted units, the for miscellaneous units are to contain requirement to have a permit con- such terms and provisions as necessary tinues throughout the post-closure pe- to protect human health and the envi- riod. In addition, for the purpose of clo- ronment, including, but not limited to, sure, post-closure, and financial re- as appropriate, design and operating sponsibility, such a drip pad is then requirements, detection and moni- considered to be landfill, and the owner toring requirements, and requirements or operator must meet all of the re- for responses to releases of hazardous quirements for landfills specified in waste or hazardous constituents from subparts G and H of this part. the unit. Permit terms and provisions (c)(1) The owner or operator of an ex- must include those requirements of isting drip pad, as defined in § 264.570 of subparts I through O and subparts AA this subpart, that does not comply with through CC of this part, part 270, part the liner requirements of § 264.573(b)(1) 63 subpart EEE, and part 146 of this must: chapter that are appropriate for the (i) Include in the closure plan for the miscellaneous unit being permitted. drip pad under § 264.112 both a plan for Protection of human health and the en- complying with paragraph (a) of this vironment includes, but is not limited section and a contingent plan for com- to: plying with paragraph (b) of this sec- (a) Prevention of any releases that tion in case not all contaminated sub- may have adverse effects on human soils can be practicably removed at heath or the environment due to mi- closure; and gration of waste constituents in the (ii) Prepare a contingent post-closure ground water or subsurface environ- plan under § 264.118 of this part for com- ment, considering: plying with paragraph (b) of this sec- (1) The volume and physical and tion in case not all contaminated sub- chemical characteristics of the waste
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in the unit, including its potential for their cumulative impact on surface wa- migration through soil, liners, or other ters and surface soils; containing structures; (9) The patterns of land use in the (2) The hydrologic and geologic char- region; acteristics of the unit and the sur- (10) The potential for health risks rounding area; caused by human exposure to waste (3) The existing quality of ground constituents; and water, including other sources of con- (11) The potential for damage to do- tamination and their cumulative im- mestic animals, wildlife, crops, vegeta- pact on the ground water; tion, and physical structures caused by (4) The quantity and direction of ground-water flow; exposure to waste constitutents. (5) The proximity to and withdrawal (c) Prevention of any release that rates of current and potential ground- may have adverse effects on human water users; health or the environment due to mi- (6) The patterns of land use in the gration of waste constituents in the region; air, considering: (7) The potential for deposition or (1) The volume and physical and migration of waste constituents into chemical characteristics of the waste subsurface physical structures, and in the unit, including its potential for into the root zone of food-chain crops the emission and dispersal of gases, and other vegetation; aerosols and particulates; (8) The potential for health risks (2) The effectiveness and reliability caused by human exposure to waste of systems and structures to reduce or constituents; and prevent emissions of hazardous con- (9) The potential for damage to do- stituents to the air; mestic animals, wildlife, crops, vegeta- (3) The operating characteristics of tion, and physical structures caused by the unit; exposure to waste constituents; (4) The atmospheric, metorologic, (b) Prevention of any releases that may have adverse effects on human and topographic characteristics of the health or the environment due to mi- unit and the surrounding area; gration of waste constituents in sur- (5) The existing quality of the air, in- face water, or wetlands or on the soil cluding other sources of contamination surface considering: and their cumulative impact on the (1) The volume and physical and air; chemical characteristics of the waste (6) The potential for health risks in the unit; caused by human exposure to waste (2) The effectiveness and reliability constituents; and of containing, confining, and collecting (7) The potential for damage to do- systems and structures in preventing mestic animals, wildlife, crops, vegeta- migration; tion, and physical structures caused by (3) The hydrologic characteristics of exposure to waste constituents. the unit and the surrounding area, in- cluding the topography of the land [59 FR 62927, Dec. 6, 1994, as amended at 64 around the unit; FR 53074, Sept. 30, 1999] (4) The patterns of precipitation in § 264.602 Monitoring, analysis, inspec- the region; tion, response, reporting, and cor- (5) The quantity, quality, and direc- rective action. tion of ground-water flow; (6) The proximity of the unit to sur- Monitoring, testing, analytical data, face waters; inspections, response, and reporting (7) The current and potential uses of procedures and frequencies must en- nearby surface waters and any water sure compliance with §§ 264.601, 264.15, quality standards established for those 264.33, 264.75, 264.76, 264.77, and 264.101 as surface waters; well as meet any additional require- (8) The existing quality of surface ments needed to protect human health waters and surface soils, including and the environment as specified in the other sources of contamination and permit.
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§ 264.603 Post-closure care. (c) For the owner and operator of a A miscellaneous unit that is a dis- facility subject to this subpart and who posal unit must be maintained in a received a final permit under RCRA manner that complies with § 264.601 section 3005 prior to December 6, 1996, during the post-closure care period. In the requirements of this subpart shall addition, if a treatment or storage unit be incorporated into the permit when has contaminated soils or ground water the permit is reissued in accordance that cannot be completely removed or with the requirements of 40 CFR 124.15 decontaminated during closure, then or reviewed in accordance with the re- that unit must also meet the require- quirements of 40 CFR 270.50(d). Until ments of § 264.601 during post-closure such date when the owner and operator care. The post-closure plan under receives a final permit incorporating § 264.118 must specify the procedures the requirements of this subpart, the that will be used to satisfy this owner and operator is subject to the re- requirement. quirements of 40 CFR 265, subpart AA. [NOTE: The requirements of §§ 264.1032 through 264.1036 apply to process vents on Subparts Y—Z [Reserved] hazardous waste recycling units previously exempt under § 261.6(c)(1). Other exemptions Subpart AA—Air Emission under §§ 261.4, and 264.1(g) are not affected by Standards for Process Vents these requirements.] (d) The requirements of this subpart do not apply to the pharmaceutical SOURCE: 55 FR 25494, June 21, 1990, unless manufacturing facility, commonly re- otherwise noted. ferred to as the Stonewall Plant, lo- § 264.1030 Applicability. cated at Route 340 South, Elkton, Vir- ginia, provided that facility is operated (a) The regulations in this subpart in compliance with the requirements apply to owners and operators of facili- contained in a Clean Air Act permit ties that treat, store, or dispose of haz- issued pursuant to 40 CFR 52.2454. The ardous wastes (except as provided in requirements of this subpart shall § 264.1). apply to the facility upon termination (b) Except for § 264.1034, paragraphs of the Clean Air Act permit issued pur- (d) and (e), this subpart applies to proc- suant to 40 CFR 52.2454. ess vents associated with distillation, (e) The requirements of this subpart fractionation, thin-film evaporation, do not apply to the process vents at a solvent extraction, or air or steam facility where the facility owner or op- stripping operations that manage haz- erator certifies that all of the process ardous wastes with organic concentra- vents that would otherwise be subject tions of at least 10 ppmw, if these oper- to this subpart are equipped with and ations are conducted in one of the fol- operating air emission controls in ac- lowing: (1) A unit that is subject to the per- cordance with the process vent require- mitting requirements of 40 CFR part ments of an applicable Clean Air Act 270, or regulation codified under 40 CFR part (2) A unit (including a hazardous 60, part 61, or part 63. The documenta- waste recycling unit) that is not ex- tion of compliance under regulations at empt from permitting under the provi- 40 CFR part 60, part 61, or part 63 shall sions of 40 CFR 262.34(a) (i.e., a haz- be kept with, or made readily available ardous waste recycling unit that is not with, the facility operating record. a 90-day tank or container) and that is [55 FR 25494, June 21, 1990, as amended at 56 located at a hazardous waste manage- FR 19290, Apr. 26, 1991; 61 FR 59950, Nov. 25, ment facility otherwise subject to the 1996; 62 FR 52641, Oct. 8, 1997; 62 FR 64656, permitting requirements of 40 CFR Dec. 8, 1997] part 270, or (3) A unit that is exempt from per- § 264.1031 Definitions. mitting under the provisions of 40 CFR As used in this subpart, all terms not 262.34(a) (i.e., a ‘‘90-day’’ tank or con- defined herein shall have the meaning tainer) and is not a recycling unit given them in the Act and parts 260– under the provisions of 40 CFR 261.6. 266.
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Air stripping operation is a desorption rating one or more feed stream(s) into operation employed to transfer one or two or more exit streams, each exit more volatile components from a liquid stream having component concentra- mixture into a gas (air) either with or tions different from those in the feed without the application of heat to the stream(s). The separation is achieved liquid. Packed towers, spray towers, by the redistribution of the compo- and bubble-cap, sieve, or valve-type nents between the liquid and vapor plate towers are among the process phase as they approach equilibrium configurations used for contacting the within the distillation unit. air and a liquid. Double block and bleed system means Bottoms receiver means a container or two block valves connected in series tank used to receive and collect the with a bleed valve or line that can vent heavier bottoms fractions of the dis- the line between the two block valves. tillation feed stream that remain in Equipment means each valve, pump, the liquid phase. compressor, pressure relief device, Closed-vent system means a system sampling connection system, open- that is not open to the atmosphere and ended valve or line, or flange or other that is composed of piping, connec- connector, and any control devices or tions, and, if necessary, flow-inducing systems required by this subpart. devices that transport gas or vapor Flame zone means the portion of the from a piece or pieces of equipment to combustion chamber in a boiler occu- a control device. pied by the flame envelope. Condenser means a heat-transfer de- vice that reduces a thermodynamic Flow indicator means a device that in- fluid from its vapor phase to its liquid dicates whether gas flow is present in a phase. vent stream. Connector means flanged, screwed, First attempt at repair means to take welded, or other joined fittings used to rapid action for the purpose of stopping connect two pipelines or a pipeline and or reducing leakage of organic mate- a piece of equipment. For the purposes rial to the atmosphere using best of reporting and recordkeeping, con- practices. nector means flanged fittings that are Fractionation operation means a dis- not covered by insulation or other ma- tillation operation or method used to terials that prevent location of the separate a mixture of several volatile fittings. components of different boiling points Continuous recorder means a data-re- in successive stages, each stage remov- cording device recording an instanta- ing from the mixture some proportion neous data value at least once every 15 of one of the components. minutes. Hazardous waste management unit Control device means an enclosed shutdown means a work practice or combustion device, vapor recovery sys- operational procedure that stops oper- tem, or flare. Any device the primary ation of a hazardous waste manage- function of which is the recovery or ment unit or part of a hazardous waste capture of solvents or other organics management unit. An unscheduled for use, reuse, or sale (e.g., a primary work practice or operational procedure condenser on a solvent recovery unit) that stops operation of a hazardous is not a control device. waste management unit or part of a Control device shutdown means the hazardous waste management unit for cessation of operation of a control de- less than 24 hours is not a hazardous vice for any purpose. waste management unit shutdown. The Distillate receiver means a container use of spare equipment and technically or tank used to receive and collect liq- feasible bypassing of equipment with- uid material (condensed) from the out stopping operation are not haz- overhead condenser of a distillation ardous waste management unit unit and from which the condensed liq- shutdowns. uid is pumped to larger storage tanks Hot well means a container for col- or other process units. lecting condensate as in a steam con- Distillation operation means an oper- denser serving a vacuum-jet or steam- ation, either batch or continuous, sepa- jet ejector.
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In gas/vapor service means that the ration, solvent extraction, or air or piece of equipment contains or con- steam stripping operations. tacts a hazardous waste stream that is Repaired means that equipment is ad- in the gaseous state at operating justed, or otherwise altered, to elimi- conditions. nate a leak. In heavy liquid service means that the Sampling connection system means an piece of equipment is not in gas/vapor assembly of equipment within a proc- service or in light liquid service. ess or waste management unit used In light liquid service means that the during periods of representative oper- piece of equipment contains or con- ation to take samples of the process or tacts a waste stream where the vapor waste fluid. Equipment used to take pressure of one or more of the organic non-routine grab samples is not consid- components in the stream is greater ered a sampling connection system. than 0.3 kilopascals (kPa) at 20 °C, the Sensor means a device that measures total concentration of the pure organic a physical quantity or the change in a components having a vapor pressure physical quantity, such as tempera- greater than 0.3 kilopascals (kPa) at 20 ture, pressure, flow rate, pH, or liquid °C is equal to or greater than 20 per- level. cent by weight, and the fluid is a liquid Separator tank means a device used at operating conditions. for separation of two immiscible In situ sampling systems means non- liquids. extractive samplers or in-line Solvent extraction operation means an samplers. operation or method of separation in In vacuum service means that equip- which a solid or solution is contacted ment is operating at an internal pres- with a liquid solvent (the two being sure that is at least 5 kPa below ambi- mutually insoluble) to preferentially ent pressure. dissolve and transfer one or more com- Malfunction means any sudden failure ponents into the solvent. of a control device or a hazardous Startup means the setting in oper- waste management unit or failure of a ation of a hazardous waste manage- hazardous waste management unit to ment unit or control device for any operate in a normal or usual manner, purpose. so that organic emissions are in- Steam stripping operation means a dis- creased. tillation operation in which vaporiza- Open-ended valve or line means any tion of the volatile constituents of a valve, except pressure relief valves, liquid mixture takes place by the in- having one side of the valve seat in troduction of steam directly into the contact with hazardous waste and one charge. side open to the atmosphere, either di- Surge control tank means a large-sized rectly or through open piping. pipe or storage reservoir sufficient to Pressure release means the emission of contain the surging liquid discharge of materials resulting from the system the process tank to which it is pressure being greater than the set connected. pressure of the pressure relief device. Thin-film evaporation operation means Process heater means a device that a distillation operation that employs a transfers heat liberated by burning fuel heating surface consisting of a large di- to fluids contained in tubes, including ameter tube that may be either all fluids except water that are heated straight or tapered, horizontal or to produce steam. vertical. Liquid is spread on the tube Process vent means any open-ended wall by a rotating assembly of blades pipe or stack that is vented to the at- that maintain a close clearance from mosphere either directly, through a the wall or actually ride on the film of vacuum-producing system, or through liquid on the wall. a tank (e.g., distillate receiver, con- Vapor incinerator means any enclosed denser, bottoms receiver, surge control combustion device that is used for de- tank, separator tank, or hot well) asso- stroying organic compounds and does ciated with hazardous waste distilla- not extract energy in the form of tion, fractionation, thin-film evapo- steam or process heat.
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Vented means discharged through an procedures in § 264.1034(c) shall be used opening, typically an open-ended pipe to resolve the disagreement. or stack, allowing the passage of a stream of liquids, gases, or fumes into § 264.1033 Standards: Closed-vent sys- the atmosphere. The passage of liquids, tems and control devices. gases, or fumes is caused by mechan- (a)(1) Owners or operators of closed- ical means such as compressors or vac- vent systems and control devices used uum-producing systems or by process- to comply with provisions of this part related means such as evaporation pro- shall comply with the provisions of duced by heating and not caused by this section. tank loading and unloading (working (2)(i) The owner or operator of an ex- losses) or by natural means such as di- isting facility who cannot install a urnal temperature changes. closed-vent system and control device [55 FR 25494, June 21, 1990, as amended at 62 to comply with the provisions of this FR 64657, Dec. 8, 1997; 64 FR 3389, Jan. 21, subpart on the effective date that the 1999] facility becomes subject to the provi- sions of this subpart must prepare an § 264.1032 Standards: Process vents. implementation schedule that includes (a) The owner or operator of a facil- dates by which the closed-vent system ity with process vents associated with and control device will be installed and distillation, fractionation, thin-film in operation. The controls must be in- evaporation, solvent extraction, or air stalled as soon as possible, but the im- or steam stripping operations man- plementation schedule may allow up to aging hazardous wastes with organic 30 months after the effective date that concentrations of at least 10 ppmw the facility becomes subject to this shall either: subpart for installation and startup. (1) Reduce total organic emissions (ii) Any unit that begins operation from all affected process vents at the after December 21, 1990, and is subject facility below 1.4 kg/h (3 lb/h) and 2.8 to the provisions of this subpart when Mg/yr (3.1 tons/yr), or operation begins, must comply with (2) Reduce, by use of a control device, the rules immediately (i.e., must have total organic emissions from all af- control devices installed and operating fected process vents at the facility by on startup of the affected unit); the 30- 95 weight percent. month implementation schedule does (b) If the owner or operator installs a not apply. closed-vent system and control device (iii) The owner or operator of any fa- to comply with the provisions of para- cility in existence on the effective date graph (a) of this section the closed-vent of a statutory or EPA regulatory system and control device must meet amendment that renders the facility the requirements of § 264.1033. subject to this subpart shall comply (c) Determinations of vent emissions with all requirements of this subpart and emission reductions or total or- as soon as practicable but no later than ganic compound concentrations 30 months after the amendment’s effec- achieved by add-on control devices tive date. When control equipment re- may be based on engineering calcula- quired by this subpart can not be in- tions or performance tests. If perform- stalled and begin operation by the ef- ance tests are used to determine vent fective date of the amendment, the fa- emissions, emission reductions, or cility owner or operator shall prepare total organic compound concentrations an implementation schedule that in- achieved by add-on control devices, the cludes the following information: Spe- performance tests must conform with cific calendar dates for award of con- the requirements of § 264.1034(c). tracts or issuance of purchase orders (d) When an owner or operator and for the control equipment, initiation of the Regional Administrator do not on-site installation of the control agree on determinations of vent emis- equipment, completion of the control sions and/or emission reductions or equipment installation, and perform- 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.
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The owner or operator shall enter the air-assisted; or if the net heating value implementation schedule in the oper- of the gas being combusted is 7.45 MJ/ ating record or in a permanent, readily scm (200 Btu/scf) or greater if the flare available file located at the facility. is nonassisted. The net heating value of (iv) Owners and operators of facilities the gas being combusted shall be deter- and units that become newly subject to mined by the methods specified in the requirements of this subpart after paragraph (e)(2) of this section. December 8, 1997, due to an action (4)(i) A steam-assisted or nonassisted other than those described in para- flare shall be designed for and operated graph (a)(2)(iii) of this section must with an exit velocity, as determined by comply with all applicable require- the methods specified in paragraph ments immediately (i.e., must have (e)(3) of this section, less than 18.3 m/s control devices installed and operating (60 ft/s), except as provided in para- on the date the facility or unit be- graphs (d)(4) (ii) and (iii) of this comes subject to this subpart; the 30- section. month implementation schedule does (ii) A steam-assisted or nonassisted not apply). flare designed for and operated with an (b) A control device involving vapor exit velocity, as determined by the recovery (e.g., a condenser or adsorber) methods specified in paragraph (e)(3) of shall be designed and operated to re- this section, equal to or greater than cover the organic vapors vented to it 18.3 m/s (60 ft/s) but less than 122 m/s with an efficiency of 95 weight percent (400 ft/s) is allowed if the net heating or greater unless the total organic value of the gas being combusted is emission limits of § 264.1032(a)(1) for all greater than 37.3 MJ/scm (1,000 Btu/scf). affected process vents can be attained (iii) A steam-assisted or nonassisted at an efficiency less than 95 weight flare designed for and operated with an percent. exit velocity, as determined by the (c) An enclosed combustion device methods specified in paragraph (e)(3) of (e.g., a vapor incinerator, boiler, or this section, less than the velocity, process heater) shall be designed and Vmax, as determined by the method operated to reduce the organic emis- specified in paragraph (e)(4) of this sec- sions vented to it by 95 weight percent tion and less than 122 m/s (400 ft/s) is or greater; to achieve a total organic allowed. compound concentration of 20 ppmv, (5) An air-assisted flare shall be de- expressed as the sum of the actual signed and operated with an exit veloc- compounds, not carbon equivalents, on ity less than the velocity, Vmax, as de- a dry basis corrected to 3 percent oxy- termined by the method specified in gen; or to provide a minimum resi- paragraph (e)(5) of this section. dence time of 0.50 seconds at a min- (6) A flare used to comply with this imum temperature of 760 °C. If a boiler section shall be steam-assisted, air-as- or process heater is used as the control sisted, or nonassisted. device, then the vent stream shall be (e)(1) Reference Method 22 in 40 CFR introduced into the flame zone of the part 60 shall be used to determine the boiler or process heater. compliance of a flare with the visible (d)(1) A flare shall be designed for and emission provisions of this subpart. operated with no visible emissions as The observation period is 2 hours and determined by the methods specified in shall be used according to Method 22. paragraph (e)(1) of this section, except (2) The net heating value of the gas for periods not to exceed a total of 5 being combusted in a flare shall be cal- minutes during any 2 consecutive culated using the following equation: hours. (2) A flare shall be operated with a n flame present at all times, as deter- HK= ∑ CH Tii mined by the methods specified in i1= paragraph (f)(2)(iii) of this section. where: (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
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for determining the volume cor- The flow indicator sensor shall be in- responding to 1 mol is 20 °C; stalled in the vent stream at the near- × ¥7 K=Constant, 1.74 10 (1/ppm) (g mol/scm) est feasible point to the control device (MJ/kcal) where standard temperature for (g mol/scm) is 20 °C; inlet but before the point at which the vent streams are combined. Ci=Concentration of sample component i in ppm on a wet basis, as measured for (2) Install, calibrate, maintain, and organics by Reference Method 18 in 40 operate according to the manufactur- CFR part 60 and measured for hydrogen er’s specifications a device to continu- and carbon monoxide by ASTM D 1946–82 ously monitor control device operation (incorporated by reference as specified in § 260.11); and as specified below: Hi=Net heat of combustion of sample compo- (i) For a thermal vapor incinerator, a nent i, kcal/9 mol at 25 °C and 760 mm Hg. temperature monitoring device The heats of combustion may be deter- equipped with a continuous recorder. mined using ASTM D 2382–83 (incor- The device shall have an accuracy of ±1 porated by reference as specified in percent of the temperature being mon- § 260.11) if published values are not avail- ° ± ° able or cannot be calculated. itored in C or 0.5 C, whichever is greater. The temperature sensor shall (3) The actual exit velocity of a flare be installed at a location in the com- shall be determined by dividing the bustion chamber downstream of the volumetric flow rate (in units of stand- combustion zone. ard temperature and pressure), as de- (ii) For a catalytic vapor incinerator, termined by Reference Methods 2, 2A, a temperature monitoring device 2C, or 2D in 40 CFR part 60 as appro- equipped with a continuous recorder. priate, by the unobstructed (free) The device shall be capable of moni- cross-sectional area of the flare tip. toring temperature at two locations (4) The maximum allowed velocity in and have an accuracy of ±1 percent of m/s, V , for a flare complying with max the temperature being monitored in °C paragraph (d)(4)(iii) of this section ± ° shall be determined by the following or 0.5 C, whichever is greater. One equation: temperature sensor shall be installed in the vent stream at the nearest fea- Log10(Vmax)=(HT+28.8)/31.7 sible point to the catalyst bed inlet and where: a second temperature sensor shall be 28.8=Constant, installed in the vent stream at the 31.7=Constant, nearest feasible point to the catalyst HT=The net heating value as determined in bed outlet. paragraph (e)(2) of this section. (iii) For a flare, a heat sensing moni- (5) The maximum allowed velocity in toring device equipped with a contin- m/s, Vmax, for an air-assisted flare shall uous recorder that indicates the con- be determined by the following tinuous ignition of the pilot flame. equation: (iv) For a boiler or process heater having a design heat input capacity Vmax=8.706+0.7084 (HT) where: less than 44 MW, a temperature moni- 8.706=Constant, toring device equipped with a contin- 0.7084=Constant, uous recorder. The device shall have an HT=The net heating value as determined in accuracy of ±1 percent of the tempera- paragraph (e)(2) of this section. ture being monitored in °C or ±0.5 °C, (f) The owner or operator shall mon- whichever is greater. The temperature itor and inspect each control device re- sensor shall be installed at a location quired to comply with this section to in the furnace downstream of the com- ensure proper operation and mainte- bustion zone. nance of the control device by imple- (v) For a boiler or process heater hav- menting the following requirements: ing a design heat input capacity great- (1) Install, calibrate, maintain, and er than or equal to 44 MW, a moni- operate according to the manufactur- toring device equipped with a contin- er’s specifications a flow indicator that uous recorder to measure a param- provides a record of vent stream flow eter(s) that indicates good combustion from each affected process vent to the operating practices are being used. control device at least once every hour. (vi) For a condenser, either:
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(A) A monitoring device equipped (1) Monitor the concentration level of with a continuous recorder to measure the organic compounds in the exhaust the concentration level of the organic vent stream from the carbon adsorp- compounds in the exhaust vent stream tion system on a regular schedule, and from the condenser, or replace the existing carbon with fresh (B) A temperature monitoring device carbon immediately when carbon equipped with a continuous recorder. breakthrough is indicated. The The device shall be capable of moni- monitoring frequency shall be daily or toring temperature with an accuracy of at an interval no greater than 20 per- ±1 percent of the temperature being cent of the time required to consume monitored in degrees Celsius ( °C) or the total carbon working capacity es- ±0.5 °C, whichever is greater. The tem- tablished as a requirement of perature sensor shall be installed at a § 264.1035(b)(4)(iii)(G), whichever is location in the exhaust vent stream longer. from the condenser exit (i.e., product (2) Replace the existing carbon with side). fresh carbon at a regular, predeter- (vii) For a carbon adsorption system mined time interval that is less than that regenerates the carbon bed di- the design carbon replacement interval rectly in the control device such as a established as a requirement of fixed-bed carbon adsorber, either: § 264.1035(b)(4)(iii)(G). (A) A monitoring device equipped (i) An alternative operational or with a continuous recorder to measure process parameter may be monitored if the concentration level of the organic it can be demonstrated that another compounds in the exhaust vent stream parameter will ensure that the control from the carbon bed, or device is operated in conformance with (B) A monitoring device equipped these standards and the control de- with a continuous recorder to measure vice’s design specifications. a parameter that indicates the carbon (j) An owner or operator of an af- bed is regenerated on a regular. pre- fected facility seeking to comply with determined time cycle. the provisions of this part by using a (3) Inspect the readings from each control device other than a thermal monitoring device required by para- vapor incinerator, catalytic vapor in- graphs (f)(1) and (2) of this section at cinerator, flare, boiler, process heater, least once each operating day to check condenser, or carbon adsorption system control device operation and, if nec- is required to develop documentation essary, immediately implement the including sufficient information to de- corrective measures necessary to en- scribe the control device operation and sure the control device operates in identify the process parameter or pa- compliance with the requirements of rameters that indicate proper oper- this section. ation and maintenance of the control (g) An owner or operator using a device. carbon adsorption system such as a (k) A closed-vent system shall meet fixed-bed carbon adsorber that regener- either of the following design require- ates the carbon bed directly onsite in ments: the control device shall replace the ex- (1) A closed-vent system shall be de- isting carbon in the control device with signed to operate with no detectable fresh carbon at a regular, pre- emissions, as indicated by an instru- determined time interval that is no ment reading of less than 500 ppmv longer than the carbon service life es- above background as determined by the tablished as a requirement of procedure in § 264.1034(b) of this sub- § 264.1035(b)(4)(iii)(F). part, and by visual inspections; or (h) An owner or operator using a car- (2) A closed-vent system shall be de- bon adsorption system such as a carbon signed to operate at a pressure below canister that does not regenerate the atmospheric pressure. The system shall carbon bed directly onsite in the con- be equipped with at least one pressure trol device shall replace the existing gauge or other pressure measurement carbon in the control device with fresh device that can be read from a readily carbon on a regular basis by using one accessible location to verify that nega- of the following procedures: tive pressure is being maintained in
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the closed-vent system when the con- tion, using the procedures specified in trol device is operating. § 264.1034(b) of this subpart to dem- (l) The owner or operator shall mon- onstrate that the components or con- itor and inspect each closed-vent sys- nections operate with no detectable tem required to comply with this sec- emissions. tion to ensure proper operation and (iii) In the event that a defect or leak maintenance of the closed-vent system is detected, the owner or operator shall by implementing the following require- repair the defect or leak in accordance ments: with the requirements of paragraph (1) Each closed-vent system that is (l)(3) of this section. used to comply with paragraph (k)(1) of (iv) The owner or operator shall this section shall be inspected and maintain a record of the inspection and monitored in accordance with the fol- monitoring in accordance with the re- lowing requirements: quirements specified in § 264.1035 of this (i) An initial leak detection moni- subpart. toring of the closed-vent system shall be conducted by the owner or operator (2) Each closed-vent system that is on or before the date that the system used to comply with paragraph (k)(2) of becomes subject to this section. The this section shall be inspected and owner or operator shall monitor the monitored in accordance with the fol- closed-vent system components and lowing requirements: connections using the procedures speci- (i) The closed-vent system shall be fied in § 264.1034(b) of this subpart to visually inspected by the owner or op- demonstrate that the closed-vent sys- erator to check for defects that could tem operates with no detectable emis- result in air pollutant emissions. De- sions, as indicated by an instrument fects include, but are not limited to, reading of less than 500 ppmv above visible cracks, holes, or gaps in duct- background. work or piping or loose connections. (ii) After initial leak detection moni- (ii) The owner or operator shall per- toring required in paragraph (l)(1)(i) of form an initial inspection of the this section, the owner or operator closed-vent system on or before the shall inspect and monitor the closed- date that the system becomes subject vent system as follows: to this section. Thereafter, the owner (A) Closed-vent system joints, seams, or operator shall perform the inspec- or other connections that are perma- tions at least once every year. nently or semi-permanently sealed (iii) In the event that a defect or leak (e.g., a welded joint between two sec- is detected, the owner or operator shall tions of hard piping or a bolted and repair the defect in accordance with gasketed ducting flange) shall be vis- the requirements of paragraph (l)(3) of ually inspected at least once per year this section. to check for defects that could result (iv) The owner or operator shall in air pollutant emissions. The owner maintain a record of the inspection and or operator shall monitor a component monitoring in accordance with the re- or connection using the procedures quirements specified in § 264.1035 of this specified in § 264.1034(b) of this subpart subpart. to demonstrate that it operates with no detectable emissions following any (3) The owner or operator shall repair time the component is repaired or re- all detected defects as follows: placed (e.g., a section of damaged hard (i) Detectable emissions, as indicated piping is replaced with new hard pip- by visual inspection, or by an instru- ing) or the connection is unsealed (e.g., ment reading greater than 500 ppmv a flange is unbolted). above background, shall be controlled (B) Closed-vent system components as soon as practicable, but not later or connections other than those speci- than 15 calendar days after the emis- fied in paragraph (l)(1)(ii)(A) of this sion is detected, except as provided for section shall be monitored annually in paragraph (l)(3)(iii) of this section. and at other times as requested by the (ii) A first attempt at repair shall be Regional Administrator, except as pro- made no later than 5 calendar days vided for in paragraph (o) of this sec- after the emission is detected.
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(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: nically infeasible without a process (i) Has been issued a final permit unit shutdown, or if the owner or oper- under 40 CFR part 270 which imple- ator determines that emissions result- ments the requirements of 40 CFR part ing from immediate repair would be 266, subpart H; or greater than the fugitive emissions (ii) Has designed and operates the likely to result from delay of repair. boiler or industrial furnace in accord- Repair of such equipment shall be com- ance with the interim status require- pleted by the end of the next process ments of 40 CFR part 266, subpart H. unit shutdown. (o) Any components of a closed-vent (iv) The owner or operator shall system that are designated, as de- maintain a record of the defect repair scribed in § 264.1035(c)(9) of this subpart, in accordance with the requirements as unsafe to monitor are exempt from specified in § 264.1035 of this subpart. the requirements of paragraph (m) Closed-vent systems and control (l)(1)(ii)(B) of this section if: devices used to comply with provisions (1) The owner or operator of the of this subpart shall be operated at all closed-vent system determines that the times when emissions may be vented to components of the closed-vent system them. are unsafe to monitor because moni- (n) The owner or operator using a toring personnel would be exposed to carbon adsorption system to control an immediate danger as a consequence air pollutant emissions shall document of complying with paragraph that all carbon that is a hazardous (l)(1)(ii)(B) of this section; and waste and that is removed from the (2) The owner or operator of the control device is managed in one of the closed-vent system adheres to a writ- following manners, regardless of the ten plan that requires monitoring the average volatile organic concentration closed-vent system components using of the carbon: the procedure specified in paragraph (l)(1)(ii)(B) of this section as frequently (1) Regenerated or reactivated in a as practicable during safe-to-monitor thermal treatment unit that meets one times. of the following: (i) The owner or operator of the unit [55 FR 25494, June 21, 1990, as amended at 56 has been issued a final permit under 40 FR 19290, Apr. 26, 1991; 59 FR 62927, Dec. 6, CFR part 270 which implements the re- 1994; 61 FR 4911, Feb. 9, 1996; 61 FR 59950, Nov. 25, 1996; 62 FR 64657, Dec. 8, 1997] quirements of subpart X of this part; or (ii) The unit is equipped with and op- § 264.1034 Test methods and proce- erating air emission controls in accord- dures. ance with the applicable requirements (a) Each owner or operator subject to of subparts AA and CC of either this the provisions of this subpart shall part or of 40 CFR part 265; or comply with the test methods and pro- (iii) The unit is equipped with and op- cedures requirements provided in this erating air emission controls in accord- section. ance with a national emission standard (b) When a closed-vent system is test- for hazardous air pollutants under 40 ed for compliance with no detectable CFR part 61 or 40 CFR part 63. emissions, as required in § 264.1033(l) of (2) Incinerated in a hazardous waste this subpart, the test shall comply incinerator for which the owner or op- with the following requirements: erator either: (1) Monitoring shall comply with Ref- (i) Has been issued a final permit erence Method 21 in 40 CFR part 60. under 40 CFR part 270 which imple- (2) (6) The detection instrument shall ments the requirements of subpart O of meet the performance criteria of Ref- this part; or erence Method 21. (ii) Has designed and operates the in- (3) The instrument shall be cali- cinerator in accordance with the in- brated before use on each day of its use terim status requirements of 40 CFR by the procedures specified in Ref- part 265, subpart O. erence Method 21.
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(4) Calibration gases shall be: Qsd=Volumetric flow rate of gases entering or (i) Zero air (less than 10 ppm of hy- exiting control device, as determined by drocarbon in air). Method 2, dscm/h; n=Number of organic compounds in the vent (ii) A mixture of methane or n- gas; hexane and air at a concentration of Ci=Organic concentration in ppm, dry basis, approximately, but less than, 10,000 of compound i in the vent gas, as deter- ppm methane or n-hexane. mined by Method 18; (5) The background level shall be de- MWi=Molecular weight of organic compound termined as set forth in Reference i in the vent gas, kg/kg-mol; 0.0416=Conversion factor for molar volume, Method 21. kg-mol/m3 (@ 293 K and 760 mm Hg); (6) The instrument probe shall be tra- 10¥6=Conversion from ppm, ppm¥1. versed around all potential leak inter- faces as close to the interface as (v) The annual total organic emission possible as described in Reference rate shall be determined by the fol- Method 21. lowing equation:
(7) The arithmetic difference between EA=(Eh)(H) the maximum concentration indicated where:
by the instrument and the background EA=Total organic mass emission rate, kg/y; level is compared with 500 ppm for de- Eh=Total organic mass flow rate for the proc- termining compliance. ess vent, kg/h; (c) Performance tests to determine H=Total annual hours of operations for the compliance with § 264.1032(a) and with affected unit, h. the total organic compound concentra- (vi) Total organic emissions from all tion limit of § 264.1033(c) shall comply affected process vents at the facility with the following: shall be determined by summing the (1) Performance tests to determine hourly total organic mass emission total organic compound concentrations rates (Eh as determined in paragraph and mass flow rates entering and (c)(1)(iv) of this section) and by sum- exiting control devices shall be con- ming the annual total organic mass ducted and data reduced in accordance emission rates (EA, as determined in with the following reference methods paragraph (c)(1)(v) of this section) for and calculation procedures: all affected process vents at the (i) Method 2 in 40 CFR part 60 for ve- facility. locity and volumetric flow rate. (2) The owner or operator shall (ii) Method 18 in 40 CFR part 60 for record such process information as organic content. may be necessary to determine the (iii) Each performance test shall con- conditions of the performance tests. sist of three separate runs; each run Operations during periods of startup, conducted for at least 1 hour under the shutdown, and malfunction shall not conditions that exist when the haz- constitute representative conditions ardous waste management unit is oper- for the purpose of a performance test. ating at the highest load or capacity (3) The owner or operator of an af- level reasonably expected to occur. For fected facility shall provide, or cause the purpose of determining total or- to be provided, performance testing fa- ganic compound concentrations and cilities as follows: mass flow rates, the average of results (i) Sampling ports adequate for the of all runs shall apply. The average test methods specified in paragraph shall be computed on a time-weighted (c)(1) of this section. basis. (ii) Safe sampling platform(s). (iv) Total organic mass flow rates (iii) Safe access to sampling plat- shall be determined by the following form(s). equation: (iv) Utilities for sampling and testing equipment. n (4) For the purpose of making compli- = −6 ance determinations, the time-weight- EQhsdii2 ∑ CMW[.0 0416 ][ 10 ] ed average of the results of the three i=1 runs shall apply. In the event that a where: sample is accidentally lost or condi-
Eh=Total organic mass flow rate, kg/h; tions occur in which one of the three 344
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runs must be discontinued because of The time-weighted average is to be cal- forced shutdown, failure of an irre- culated using the annual quantity of placeable portion of the sample train, each waste stream processed and the extreme meteorological conditions, or mean organic concentration of each other circumstances beyond the owner waste stream managed in the unit. or operator’s control, compliance may, (2) Using knowledge of the waste to upon the Regional Administrator’s ap- determine that its total organic con- proval, be determined using the aver- centration is less than 10 ppmw. Docu- age of the results of the two other runs. mentation of the waste determination (d) To show that a process vent asso- is required. Examples of documenta- ciated with a hazardous waste distilla- tion that shall be used to support a de- tion, fractionation, thin-film evapo- termination under this provision in- ration, solvent extraction, or air or steam stripping operation is not sub- clude production process information ject to the requirements of this sub- documenting that no organic com- part, the owner or operator must make pounds are used, information that the an initial determination that the time- waste is generated by a process that is weighted, annual average total organic identical to a process at the same or concentration of the waste managed by another facility that has previously the waste management unit is less been demonstrated by direct measure- than 10 ppmw using one of the fol- ment to generate a waste stream hav- lowing two methods: ing a total organic content less than 10 (1) Direct measurement of the or- ppmw, or prior speciation analysis re- ganic concentration of the waste using sults on the same waste stream where the following procedures: it can also be documented that no proc- (i) The owner or operator must take ess changes have occurred since that a minimum of four grab samples of analysis that could affect the waste waste for each waste stream managed total organic concentration. in the affected unit under process con- (e) The determination that distilla- ditions expected to cause the max- tion, fractionation, thin-film evapo- imum waste organic concentration. ration, solvent extraction, or air or (ii) For waste generated onsite, the steam stripping operations manage grab samples must be collected at a hazardous wastes with time-weighted, point before the waste is exposed to the annual average total organic con- atmosphere such as in an enclosed pipe centrations less than 10 ppmw shall be or other closed system that is used to transfer the waste after generation to made as follows: the first affected distillation, fraction- (1) By the effective date that the fa- ation, thin-film evaporation, solvent cility becomes subject to the provi- extraction, or air or steam stripping sions of this subpart or by the date operation. For waste generated offsite, when the waste is first managed in a the grab samples must be collected at waste management unit, whichever is the inlet to the first waste manage- later, and ment unit that receives the waste pro- (2) For continuously generated waste, vided the waste has been transferred to annually, or the facility in a closed system such as (3) Whenever there is a change in the a tank truck and the waste is not di- waste being managed or a change in luted or mixed with other waste. the process that generates or treats the (iii) Each sample shall be analyzed waste. and the total organic concentration of (f) When an owner or operator and the sample shall be computed using the Regional Administrator do not Method 9060 or 8260 of SW–846 (incor- agree on whether a distillation, frac- porated by reference under § 260.11). tionation, thin-film evaporation, sol- (iv) The arithmetic mean of the re- vent extraction, or air or steam strip- sults of the analyses of the four sam- ples shall apply for each waste stream ping operation manages a hazardous managed in the unit in determining the waste with organic concentrations of time-weighted, annual average total at least 10 ppmw based on knowledge of organic concentration of the waste. the waste, the procedures in Method
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8260 of SW–846 (incorporated by ref- terminations of vent emissions and erence under § 260.11) may be used to re- emission reductions must be made solve the dispute. using operating parameter values (e.g., [55 FR 25494, June 21, 1990, as amended at 61 temperatures, flow rates, or vent FR 59951, Nov. 25, 1996; 62 FR 32462, June 13, stream organic compounds and con- 1997] centrations) that represent the condi- tions that result in maximum organic § 264.1035 Recordkeeping require- emissions, such as when the waste ments. management unit is operating at the (a)(1) Each owner or operator subject highest load or capacity level reason- to the provisions of this subpart shall ably expected to occur. If the owner or comply with the recordkeeping re- operator takes any action (e.g., man- quirements of this section. aging a waste of different composition (2) An owner or operator of more or increasing operating hours of af- than one hazardous waste management fected waste management units) that unit subject to the provisions of this would result in an increase in total or- subpart may comply with the record- ganic emissions from affected process keeping requirements for these haz- vents at the facility, then a new deter- ardous waste management units in one mination is required. recordkeeping system if the system (3) Where an owner or operator identifies each record by each haz- chooses to use test data to determine ardous waste management unit. the organic removal efficiency or total (b) Owners and operators must record the following information in the facil- organic compound concentration ity operating record: achieved by the control device, a per- (1) For facilities that comply with formance test plan. The test plan must the provisions of § 264.1033(a)(2), an im- include: plementation schedule that includes (i) A description of how it is deter- dates by which the closed-vent system mined that the planned test is going to and control device will be installed and be conducted when the hazardous waste in operation. The schedule must also management unit is operating at the include a rationale of why the installa- highest load or capacity level reason- tion cannot be completed at an earlier ably expected to occur. This shall in- date. The implementation schedule clude the estimated or design flow rate must be in the facility operating record and organic content of each vent by the effective date that the facility stream and define the acceptable oper- becomes subject to the provisions of ating ranges of key process and control this subpart. device parameters during the test pro- (2) Up-to-date documentation of com- gram. pliance with the process vent standards (ii) A detailed engineering descrip- in § 264.1032, including: tion of the closed-vent system and (i) Information and data identifying control device including: all affected process vents, annual (A) Manufacturer’s name and model throughput and operating hours of number of control device. each affected unit, estimated emission (B) Type of control device. rates for each affected vent and for the (C) Dimensions of the control device. overall facility (i.e., the total emis- (D) Capacity. sions for all affected vents at the facil- ity), and the approximate location (E) Construction materials. within the facility of each affected unit (iii) A detailed description of sam- (e.g., identify the hazardous waste pling and monitoring procedures, in- management units on a facility plot cluding sampling and monitoring loca- plan). tions in the system, the equipment to (ii) Information and data supporting be used, sampling and monitoring fre- determinations of vent emissions and quency, and planned analytical proce- emission reductions achieved by add-on dures for sample analysis. control devices based on engineering (4) Documentation of compliance calculations or source tests. For the with § 264.1033 shall include the fol- purpose of determining compliance, de- lowing information:
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(i) A list of all information references (E) For a condenser, the design anal- and sources used in preparing the docu- ysis shall consider the vent stream mentation. composition, constituent concentra- (ii) Records, including the dates, of tions, flow rate, relative humidity, and each compliance test required by temperature. The design analysis shall § 264.1033(k). also establish the design outlet organic (iii) If engineering calculations are compound concentration level, design used, a design analysis, specifications, average temperature of the condenser drawings, schematics, and piping and exhaust vent stream, and design aver- instrumentation diagrams based on the age temperatures of the coolant fluid appropriate sections of ‘‘APTI Course at the condenser inlet and outlet. 415: Control of Gaseous Emissions’’ (in- (F) For a carbon adsorption system corporated by reference as specified in such as a fixed-bed adsorber that regen- § 260.11) or other engineering texts erates the carbon bed directly onsite in acceptable to the Regional Administra- the control device, the design analysis tor that present basic control device shall consider the vent stream com- design information. Documentation position, constituent concentrations, provided by the control device manu- flow rate, relative humidity, and tem- facturer or vendor that describes the perature. The design analysis shall also control device design in accordance establish the design exhaust vent with paragraphs (b)(4)(iii)(A) through stream organic compound concentra- (b)(4)(iii)(G) of this section may be used tion level, number and capacity of car- to comply with this requirement. The bon beds, type and working capacity of design analysis shall address the vent activated carbon used for carbon beds, stream characteristics and control de- design total steam flow over the period vice operation parameters as specified of each complete carbon bed regenera- below. tion cycle, duration of the carbon bed (A) For a thermal vapor incinerator, steaming and cooling/drying cycles, de- the design analysis shall consider the sign carbon bed temperature after re- vent stream composition, constituent generation, design carbon bed regen- concentrations, and flow rate. The de- eration time, and design service life of sign analysis shall also establish the carbon. 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 § 264.1033(d). the owner or operator certifying that
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the control device is designed to oper- tablished as a requirement of para- ate at an efficiency of 95 percent or graph (b)(4)(iii)(A) of this section. greater unless the total organic con- (iii) For a catalytic vapor inciner- centration limit of § 264.1032(a) is ator, period when: achieved at an efficiency less than 95 (A) Temperature of the vent stream weight percent or the total organic at the catalyst bed inlet is more than emission limits of § 264.1032(a) for af- 28 °C below the average temperature of fected process vents at the facility can the inlet vent stream established as a be attained by a control device involv- requirement of paragraph (b)(4)(iii)(B) ing vapor recovery at an efficiency less of this section, or than 95 weight percent. A statement (B) Temperature difference across provided by the control device manu- the catalyst bed is less than 80 percent facturer or vendor certifying that the of the design average temperature dif- control equipment meets the design ference established as a requirement of specifications may be used to comply paragraph (b)(4)(iii)(B) of this section. with this requirement. (iv) For a boiler or process heater, pe- (vi) If performance tests are used to riod when: demonstrate compliance, all test (A) Flame zone temperature is more results. than 28 °C below the design average (c) Design documentation and moni- flame zone temperature established as toring, operating, and inspection infor- a requirement of paragraph mation for each closed-vent system and (b)(4)(iii)(C) of this section, or control device required to comply with (B) Position changes where the vent the provisions of this part shall be re- stream is introduced to the combustion corded and kept up-to-date in the facil- zone from the location established as a ity operating record. The information requirement of paragraph (b)(4)(iii)(C) shall include: of this section. (1) Description and date of each (v) For a flare, period when the pilot modification that is made to the flame is not ignited. closed-vent system or control device design. (vi) For a condenser that complies with § 264.1033(f)(2)(vi)(A), period when (2) Identification of operating param- eter, description of monitoring device, the organic compound concentration and diagram of monitoring sensor loca- level or readings of organic compounds tion or locations used to comply with in the exhaust vent stream from the § 264.1033 (f)(1) and (f)(2). condenser are more than 20 percent (3) Monitoring, operating, and inspec- greater than the design outlet organic tion information required by para- compound concentration level estab- graphs (f) through (k) of § 264.1033. lished as a requirement of paragraph (b)(4)(iii)(E) of this section. (4) Date, time, and duration of each period that occurs while the control de- (vii) For a condenser that complies vice is operating when any monitored with § 264.1033(f)(2)(vi)(B), period when: parameter exceeds the value estab- (A) Temperature of the exhaust vent lished in the control device design stream from the condenser is more analysis as specified below: than 6 °C above the design average ex- (i) For a thermal vapor incinerator haust vent stream temperature estab- designed to operate with a minimum lished as a requirement of paragraph residence time of 0.50 second at a min- (b)(4)(iii)(E) of this section; or imum temperature of 760 °C. period (B) Temperature of the coolant fluid when the combustion temperature is exiting the condenser is more than 6 °C below 760 °C. above the design average coolant fluid (ii) For a thermal vapor incinerator temperature at the condenser outlet designed to operate with an organic established as a requirement of para- emission reduction efficiency of 95 graph (b)(4)(iii)(E) of this section. weight percent or greater period when (viii) For a carbon adsorption system the combustion zone temperature is such as a fixed-bed carbon adsorber more than 28 °C below the design aver- that regenerates the carbon bed di- age combustion zone temperature es- rectly onsite in the control device and
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complies with § 264.1033(f)(2)(vii)(A), pe- itor, and the plan for monitoring each riod when the organic compound con- closed-vent system component. centration level or readings of organic (10) When each leak is detected as compounds in the exhaust vent stream specified in § 264.1033(l) of this subpart, from the carbon bed are more than 20 the following information shall be re- percent greater than the design ex- corded: haust vent stream organic compound (i) The instrument identification concentration level established as a re- number, the closed-vent system compo- quirement of paragraph (b)(4)(iii)(F) of nent identification number, and the op- this section. erator name, initials, or identification (ix) For a carbon adsorption system number. such as a fixed-bed carbon adsorber (ii) The date the leak was detected that regenerates the carbon bed di- and the date of first attempt to repair rectly onsite in the control device and the leak. complies with § 264.1033(f)(2)(vii)(B), pe- (iii) The date of successful repair of riod when the vent stream continues to the leak. flow through the control device beyond (iv) Maximum instrument reading the predetermined carbon bed regen- measured by Method 21 of 40 CFR part eration time established as a require- 60, appendix A after it is successfully ment of paragraph (b)(4)(iii)(F) of this repaired or determined to be nonrepair- section. able. (5) Explanation for each period re- (v) ‘‘Repair delayed’’ and the reason corded under paragraph (4) of the cause for the delay if a leak is not repaired for control device operating parameter within 15 calendar days after discovery exceeding the design value and the of the leak. measures implemented to correct the (A) The owner or operator may de- control device operation. velop a written procedure that identi- (6) For a carbon adsorption system fies the conditions that justify a delay operated subject to requirements speci- of repair. In such cases, reasons for fied in § 264.1033(g) or § 264.1033(h)(2), delay of repair may be documented by date when existing carbon in the citing the relevant sections of the writ- control device is replaced with fresh ten procedure. carbon. (B) If delay of repair was caused by (7) For a carbon adsorption system depletion of stocked parts, there must operated subject to requirements speci- be documentation that the spare parts fied in § 264.1033(h)(1), a log that were sufficiently stocked on-site before records: depletion and the reason for depletion. (i) Date and time when control device (d) Records of the monitoring, oper- is monitored for carbon breakthrough ating, and inspection information re- and the monitoring device reading. quired by paragraphs (c)(3) through (ii) Date when existing carbon in the (c)(10) of this section shall be main- control device is replaced with fresh tained by the owner or operator for at carbon. least 3 years following the date of each (8) Date of each control device start- occurrence, measurement, mainte- up and shutdown. nance, corrective action, or record. (9) An owner or operator designating (e) For a control device other than a any components of a closed-vent sys- thermal vapor incinerator, catalytic tem as unsafe to monitor pursuant to vapor incinerator, flare, boiler, process § 264.1033(o) of this subpart shall record heater, condenser, or carbon adsorption in a log that is kept in the facility op- system, the Regional Administrator erating record the identification of will specify the appropriate record- closed-vent system components that keeping requirements. are designated as unsafe to monitor in (f) Up-to-date information and data accordance with the requirements of used to determine whether or not a § 264.1033(o) of this subpart, an expla- process vent is subject to the require- nation for each closed-vent system ments in § 264.1032 including supporting component stating why the closed-vent documentation as required by system component is unsafe to mon- § 264.1034(d)(2) when application of the
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knowledge of the nature of the haz- (b) Except as provided in § 264.1064(k), ardous waste stream or the process by this subpart applies to equipment that which it was produced is used, shall be contains or contacts hazardous wastes recorded in a log that is kept in the fa- with organic concentrations of at least cility operating record. 10 percent by weight that are managed [55 FR 25494, June 21, 1990, as amended at 56 in one of the following: FR 19290, Apr. 26, 1991; 61 FR 59952, Nov. 25, (1) A unit that is subject to the per- 1996] mitting requirements of 40 CFR part 270, or § 264.1036 Reporting requirements. (2) A unit (including a hazardous (a) A semiannual report shall be sub- waste recycling unit) that is not ex- mitted by owners and operators subject empt from permitting under the provi- to the requirements of this subpart to sions of 40 CFR 262.34(a) (i.e., a haz- the Regional Administrator by dates ardous waste recycling unit that is not specified by the Regional Adminis- a ‘‘90-day’’ tank or container) and that trator. The report shall include the fol- is located at a hazardous waste man- lowing information: agement facility otherwise subject to (1) The Environmental Protection the permitting requirements of 40 CFR Agency identification number, name, part 270, or and address of the facility. (3) A unit that is exempt from per- (2) For each month during the semi- mitting under the provisions of 40 CFR annual reporting period, dates when 262.34(a) (i.e., a ‘‘90-day’’ tank or con- the control device exceeded or operated tainer) and is not a recycling unit outside of the design specifications as under the provisions of 40 CFR 261.6. defined in § 264.1035(c)(4) and as indi- cated by the control device monitoring (c) For the owner or operator of a fa- required by § 264.1033(f) and such cility subject to this subpart and who exceedances were not corrected within received a final permit under RCRA 24 hours, or that a flare operated with section 3005 prior to December 6, 1996, visible emissions as defined in the requirements of this subpart shall § 264.1033(d) and as determined by Meth- be incorporated into the permit when od 22 monitoring, the duration and the permit is reissued in accordance cause of each exceedance or visible with the requirements of 40 CFR 124.15 emissions, and any corrective measures or reviewed in accordance with the re- taken. quirements of 40 CFR 270.50(d). Until (b) If, during the semiannual report- such date when the owner or operator ing period, the control device does not receives a final permit incorporating exceed or operate outside of the design the requirements of this subpart, the specifications as defined in owner or operator is subject to the re- § 264.1035(c)(4) for more than 24 hours or quirements of 40 CFR part 265, subpart a flare does not operate with visible BB. emissions as defined in § 264.1033(d), a (d) Each piece of equipment to which report to the Regional Administrator this subpart applies shall be marked in is not required. such a manner that it can be distin- guished readily from other pieces of §§ 264.1037—264.1049 [Reserved] equipment. (e) Equipment that is in vacuum Subpart BB—Air Emission service is excluded from the require- Standards for Equipment Leaks ments of § 264.1052 to § 264.1060 if it is identified as required in § 264.1064(g)(5). SOURCE: 55 FR 25501, June 21, 1990, unless (f) Equipment that contains or con- otherwise noted. tacts hazardous waste with an organic concentration of at least 10 percent by § 264.1050 Applicability. weight for less than 300 hours per cal- (a) The regulations in this subpart endar year is excluded from the re- apply to owners and operators of facili- quirements of §§ 264.1052 through ties that treat, store, or dispose of haz- 264.1060 of this subpart if it is identi- ardous wastes (except as provided in fied, as required in § 264,1064(g)(6) of § 264.1). this subpart.
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(g) The requirements of this subpart (1) Each dual mechanical seal system do not apply to the pharmaceutical must be: manufacturing facility, commonly re- (i) Operated with the barrier fluid at ferred to as the Stonewall Plant, lo- a pressure that is at all times greater cated at Route 340 South, Elkton, Vir- than the pump stuffing box pressure, or ginia, provided that facility is operated (ii) Equipped with a barrier fluid in compliance with the requirements degassing reservoir that is connected contained in a Clean Air Act permit by a closed-vent system to a control issued pursuant to 40 CFR 52.2454. The device that complies with the require- requirements of this subpart shall ments of § 264.1060, or apply to the facility upon termination (iii) Equipped with a system that of the Clean Air Act permit issued pur- purges the barrier fluid into a haz- suant to 40 CFR 52.2454. ardous waste stream with no detect- [NOTE: The requirements of §§ 264.1052 able emissions to the atmosphere. through 264.1065 apply to equipment associ- (2) The barrier fluid system must not ated with hazardous waste recycling units be a hazardous waste with organic con- previously exempt under § 261.6(c)(1). Other exemptions under §§ 261.4, and 264.1(g) are not centrations 10 percent or greater by affected by these requirements.] weight. (3) Each barrier fluid system must be [55 FR 25501, June 21, 1990, as amended at 61 equipped with a sensor that will detect FR 59952, Nov. 25, 1996; 62 FR 52641, Oct. 8, 1997; 62 FR 64657, Dec. 8, 1997] failure of the seal system, the barrier fluid system, or both. § 264.1051 Definitions. (4) Each pump must be checked by As used in this subpart, all terms visual inspection, each calendar week, shall have the meaning given them in for indications of liquids dripping from § 264.1031, the Act, and parts 260–266. the pump seals. (5)(i) Each sensor as described in § 264.1052 Standards: Pumps in light paragraph (d)(3) of this section must be liquid service. checked daily or be equipped with an (a)(1) Each pump in light liquid serv- audible alarm that must be checked ice shall be monitored monthly to de- monthly to ensure that it is func- tect leaks by the methods specified in tioning properly. § 264.1063(b), except as provided in para- (ii) The owner or operator must de- graphs (d), (e), and (f) of this section. termine, based on design consider- (2) Each pump in light liquid service ations and operating experience, a cri- shall be checked by visual inspection terion that indicates failure of the seal each calendar week for indications of system, the barrier fluid system, or liquids dripping from the pump seal. both. (b)(1) If an instrument reading of (6)(i) If there are indications of liq- 10,000 ppm or greater is measured, a uids dripping from the pump seal or the leak is detected. sensor indicates failure of the seal sys- (2) If there are indications of liquids tem, the barrier fluid system, or both dripping from the pump seal, a leak is based on the criterion determined in detected. paragraph (d)(5)(ii) of this section, a (c)(1) When a leak is detected, it shall leak is detected. be repaired as soon as practicable, but (ii) When a leak is detected, it shall not later than 15 calendar days after it be repaired as soon as practicable, but is detected, except as provided in not later than 15 calendar days after it § 264.1059. is detected, except as provided in (2) A first attempt at repair (e.g., § 264.1059. tightening the packing gland) shall be (iii) A first attempt at repair (e.g., made no later than 5 calendar days relapping the seal) shall be made no after each leak is detected. later than 5 calendar days after each (d) Each pump equipped with a dual leak is detected. mechanical seal system that includes a (e) Any pump that is designated, as barrier fluid system is exempt from the described in § 264.1064(g)(2), for no de- requirements of paragraph (a) of this tectable emissions, as indicated by an section, provided the following require- instrument reading of less than 500 ments are met: ppm above background, is exempt from
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the requirements of paragraphs (a), (c), seal system, barrier fluid system, or and (d) of this section if the pump both. meets the following requirements: (e)(1) Each sensor as required in para- (1) Must have no externally actuated graph (d) of this section shall be shaft penetrating the pump housing. checked daily or shall be equipped with (2) Must operate with no detectable an audible alarm that must be checked emissions as indicated by an instru- monthly to ensure that it is func- ment reading of less than 500 ppm tioning properly unless the compressor above background as measured by the is located within the boundary of an methods specified in § 264.1063(c). unmanned plant site, in which case the (3) Must be tested for compliance sensor must be checked daily. with paragraph (e)(2) of this section (2) The owner or operator shall deter- initially upon designation, annually, mine, based on design considerations and at other times as requested by the and operating experience, a criterion Regional Administrator. that indicates failure of the seal sys- (f) If any pump is equipped with a tem, the barrier fluid system, or both. closed-vent system capable of cap- (f) If the sensor indicates failure of turing and transporting any leakage the seal system, the barrier fluid sys- from the seal or seals to a control de- tem, or both based on the criterion de- vice that complies with the require- termined under paragraph (e)(2) of this ments of § 264.1060, it is exempt from section, a leak is detected. the requirements of paragraphs (a) (g)(1) When a leak is detected, it through (e) of this section. shall be repaired as soon as practicable, [55 FR 25501, June 21, 1990, as amended at 56 but not later than 15 calendar days FR 19290, Apr. 26, 1991] after it is detected, except as provided in § 264.1059. § 264.1053 Standards: Compressors. (2) A first attempt at repair (e.g., (a) Each compressor shall be tightening the packing gland) shall be equipped with a seal system that in- made no later than 5 calendar days cludes a barrier fluid system and that after each leak is detected. prevents leakage of total organic emis- (h) A compressor is exempt from the sions to the atmosphere, except as pro- requirements of paragraphs (a) and (b) vided in paragraphs (h) and (i) of this of this section if it is equipped with a section. closed-vent system capable of cap- (b) Each compressor seal system as turing and transporting any leakage required in paragraph (a) of this sec- from the seal to a control device that tion shall be: complies with the requirements of (1) Operated with the barrier fluid at § 264.1060, except as provided in para- a pressure that is at all times greater graph (i) of this section. than the compressor stuffing box pres- (i) Any compressor that is des- sure, or ignated, as described in § 264.1064(g)(2), (2) Equipped with a barrier fluid sys- for no detectable emissions as indi- tem that is connected by a closed-vent cated by an instrument reading of less system to a control device that com- than 500 ppm above background is ex- plies with the requirements of empt from the requirements of para- § 264.1060, or graphs (a) through (h) of this section if (3) Equipped with a system that the compressor: purges the barrier fluid into a haz- (1) Is determined to be operating with ardous waste stream with no detect- no detectable emissions, as indicated able emissions to atmosphere. by an instrument reading of less than (c) The barrier fluid must not be a 500 ppm above background, as meas- hazardous waste with organic con- ured by the method specified in centrations 10 percent or greater by § 264.1063(c). weight. (2) Is tested for compliance with (d) Each barrier fluid system as de- paragraph (i)(1) of this section initially scribed in paragraphs (a) through (c) of upon designation, annually, and at this section shall be equipped with a other times as requested by the Re- sensor that will detect failure of the gional Administrator.
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§ 264.1054 Standards: Pressure relief § 264.1086 of this subpart or a control de- devices in gas/vapor service. vice that complies with the require- (a) Except during pressure releases, ments of § 264.1060 of this subpart. each pressure relief device in gas/vapor (c) In-situ sampling systems and sam- service shall be operated with no de- pling systems without purges are ex- tectable emissions, as indicated by an empt from the requirements of para- instrument reading of less than 500 graphs (a) and (b) of this section. ppm above background, as measured by [61 FR 59952, Nov. 25, 1996] the method specified in § 264.1063(c). (b)(1) After each pressure release, the § 264.1056 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. background, as soon as practicable, but (2) The cap, blind flange, plug, or sec- no later than 5 calendar days after ond valve shall seal the open end at all each pressure release, except as pro- times except during operations requir- vided in § 264.1059. ing hazardous waste stream flow (2) No later than 5 calendar days through the open-ended valve or line. after the pressure release, the pressure (b) Each open-ended valve or line relief device shall be monitored to con- equipped with a second valve shall be firm the condition of no detectable operated in a manner such that the emissions, as indicated by an instru- valve on the hazardous waste stream ment reading of less than 500 ppm end is closed before the second valve is above background, as measured by the closed. method specified in § 264.1063(c). (c) When a double block and bleed (c) Any pressure relief device that is system is being used, the bleed valve or equipped with a closed-vent system ca- line may remain open during oper- pable of capturing and transporting ations that require venting the line be- leakage from the pressure relief device tween the block valves but shall com- to a control device as described in ply with paragraph (a) of this section § 264.1060 is exempt from the require- at all other times. ments of paragraphs (a) and (b) of this section. § 264.1057 Standards: Valves in gas/ vapor service or in light liquid § 264.1055 Standards: Sampling con- service. nection systems. (a) Each valve in gas/vapor or light (a) Each sampling connection system liquid service shall be monitored shall be equipped with a closed-purge, monthly to detect leaks by the meth- closed-loop, or closed-vent system. ods specified in § 264.1063(b) and shall This system shall collect the sample comply with paragraphs (b) through (e) purge for return to the process or for of this section, except as provided in routing to the appropriate treatment paragraphs (f), (g), and (h) of this sec- system. Gases displaced during filling tion, and §§ 264.1061 and 264.1062. of the sample container are not re- (b) If an instrument reading of 10,000 quired to be collected or captured. ppm or greater is measured, a leak is (b) Each closed-purge, closed-loop, or detected. closed-vent system as required in para- (c)(1) Any valve for which a leak is graph (a) of this section shall meet one not detected for two successive months of the following requirements: may be monitored the first month of (1) Return the purged process fluid every succeeding quarter, beginning directly to the process line; with the next quarter, until a leak is (2) Collect and recycle the purged detected. process fluid; or (2) If a leak is detected, the valve (3) Be designed and operated to cap- shall be monitored monthly until a ture and transport all the purged proc- leak is not detected for two successive ess fluid to a waste management unit months, that complies with the applicable re- (d)(1) When a leak is detected, it quirements of § 264.1084 through shall be repaired as soon as practicable,
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but no later than 15 calendar days after (2) The hazardous waste management the leak is detected, except as provided unit within which the valve is located in § 264.1059. was in operation before June 21, 1990. (2) A first attempt at repair shall be (3) The owner or operator of the valve made no later than 5 calendar days follows a written plan that requires after each leak is detected. monitoring of the valve at least once (e) First attempts at repair include, per calendar year. but are not limited to, the following best practices where practicable: § 264.1058 Standards: Pumps and (1) Tightening of bonnet bolts. valves in heavy liquid service, pres- (2) Replacement of bonnet bolts. sure relief devices in light liquid or heavy liquid service, and flanges (3) Tightening of packing gland nuts. and other connectors. (4) Injection of lubricant into lubri- cated packing. (a) Pumps and valves in heavy liquid (f) Any valve that is designated, as service, pressure relief devices in light described in § 264.1064(g)(2), for no de- liquid or heavy liquid service, and tectable emissions, as indicated by an flanges and other connectors shall be instrument reading of less than 500 monitored within 5 days by the method ppm above background, is exempt from specified in § 264.1063(b) if evidence of a the requirements of paragraph (a) of potential leak is found by visual, audi- this section if the valve: ble, olfactory, or any other detection (1) Has no external actuating mecha- method. nism in contact with the hazardous (b) If an instrument reading of 10,000 waste stream. ppm or greater is measured, a leak is (2) Is operated with emissions less detected. than 500 ppm above background as de- (c)(1) When a leak is detected, it shall termined by the method specified in be repaired as soon as practicable, but § 264.1063(c). not later than 15 calendar days after it (3) Is tested for compliance with is detected. except as provided in paragraph (f)(2) of this section initially § 264.1059. upon designation, annually, and at (2) The first attempt at repair shall other times as requested by the Re- be made no later than 5 calendar days gional Administrator. after each leak is detected. (g) Any valve that is designated, as (d) First attempts at repair include, described in § 264.1064(h)(1), as an un- but are not limited to, the best prac- safe-to-monitor valve is exempt from tices described under § 264.1057(e). the requirements of paragraph (a) of (e) Any connector that is inaccessible this section if: or is ceramic or ceramic-lined (e.g., (1) The owner or operator of the valve porcelain, glass, or glass-lined) is ex- determines that the valve is unsafe to empt from the monitoring require- monitor because monitoring personnel ments of paragraph (a) of this section would be exposed to an immediate dan- and from the recordkeeping require- ger as a consequence of complying with ments of § 264.1064 of this subpart. paragraph (a) of this section. [55 FR 25501, June 21, 1990, as amended at 61 (2) The owner or operator of the valve FR 59952, Nov. 25, 1996] adheres to a written plan that requires monitoring of the valve as frequently § 264.1059 Standards: Delay of repair. as practicable during safe-to-monitor (a) Delay of repair of equipment for times. which leaks have been detected will be (h) Any valve that is designated, as allowed if the repair is technically in- described in § 264.1064(h)(2), as a dif- feasible without a hazardous waste ficult-to-monitor valve is exempt from management unit shutdown. In such a the requirements of paragraph (a) of case, repair of this equipment shall this section if: occur before the end of the next haz- (1) The owner or operator of the valve ardous waste management unit shut- determines that the valve cannot be down. monitored without elevating the moni- (b) Delay of repair of equipment for toring personnel more than 2 meters which leaks have been detected will be above a support surface. allowed for equipment that is isolated
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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 unit that begins operation allowed if: after December 21, 1990, and is 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. (2) When repair procedures are ef- on startup of the affected unit); the 30- fected, the purged material is collected month implementation schedule does and destroyed or recovered in a control not apply. device complying with § 264.1060. (3) The owner or operator of any fa- (d) Delay of repair for pumps will be cility in existence on the effective date allowed if: of a statutory or EPA regulatory (1) Repair requires the use of a dual amendment that renders the facility mechanical seal system that includes a subject to this subpart shall comply barrier fluid system. with all requirements of this subpart (2) Repair is completed as soon as as soon as practicable but no later than practicable, but not later than 6 30 months after the amendment’s effec- months after the leak was detected. tive date. When control equipment re- (e) Delay of repair beyond a haz- quired by this subpart can not be in- ardous waste management unit shut- stalled and begin operation by the ef- down will be allowed for a valve if fective date of the amendment, the fa- valve assembly replacement is nec- cility owner or operator shall prepare essary during the hazardous waste an implementation schedule that in- management unit shutdown, valve as- cludes the following information: Spe- sembly supplies have been depleted, cific calendar dates for award or con- and valve assembly supplies had been tracts or issuance of purchase orders sufficiently stocked before the supplies for the control equipment, initiation of were depleted. Delay of repair beyond on-site installation of the control the next hazardous waste management unit shutdown will not be allowed un- equipment, completion of the control less the next hazardous waste manage- equipment installation, and perform- ment unit shutdown occurs sooner than ance of any testing to demonstrate 6 months after the first hazardous that the installed equipment meets the waste management unit shutdown. applicable standards of this subpart. The owner or operator shall enter the § 264.1060 Standards: Closed-vent sys- implementation schedule in the oper- tems and control devices. ating record or in a permanent, readily (a) Owners and operators of closed- available file located at the facility. vent systems and control devices sub- (4) Owners and operators of facilities ject to this subpart shall comply with and units that become newly subject to the provisions of § 264.1033 of this part. the requirements of this subpart after (b)(1) The owner or operator of an ex- December 8, 1997, due to an action isting facility who cannot install a other than those described in para- closed-vent system and control device graph (b)(3) of this section must com- to comply with the provisions of this ply with all applicable requirements subpart on the effective date that the immediately (i.e., must have control facility becomes subject to the provi- devices installed and operating on the sions of this subpart must prepare an date the facility or unit becomes sub- implementation schedule that includes ject to this subpart; the 30-month im- dates by which the closed-vent system plementation schedule does not apply). and control device will be installed and in operation. The controls must be in- [62 FR 64657, Dec. 8, 1997]
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§ 264.1061 Alternative standards for § 264.1062 Alternative standards for valves in gas/vapor service or in valves in gas/vapor service or in light liquid service: percentage of light liquid service: skip period leak valves allowed to leak. detection and repair. (a) An owner or operator subject to (a)(1) An owner or operator subject to the requirements of § 264.1057 may elect the requirements of § 264.1057 may elect to have all valves within a hazardous for all valves within a hazardous waste waste management unit comply with management unit to comply with one an alternative standard that allows no of the alternative work practices speci- greater than 2 percent of the valves to fied in paragraphs (b) (2) and (3) of this leak. section. (2) An owner or operator must notify (b) The following requirements shall the Regional Administrator before im- be met if an owner or operator decides plementing one of the alternative work to comply with the alternative stand- practices. ard of allowing 2 percent of valves to (b)(1) An owner or operator shall leak: comply with the requirements for (1) An owner or operator must notify valves, as described in § 264.1057, except the Regional Administrator that the as described in paragraphs (b)(2) and owner or operator has elected to (b)(3) of this section. comply with the requirements of this (2) After two consecutive quarterly section. leak detection periods with the per- (2) A performance test as specified in centage of valves leaking equal to or paragraph (c) of this section shall be less than 2 percent, an owner or oper- conducted initially upon designation, ator may begin to skip one of the quar- annually, and at other times requested terly leak detection periods (i.e., mon- by the Regional Administrator. itor for leaks once every six months) (3) If a valve leak is detected, it shall for the valves subject to the require- be repaired in accordance with ments in § 264.1057 of this subpart. § 264.1057(d) and (e). (3) After five consecutive quarterly (c) Performance tests shall be con- leak detection periods with the per- ducted in the following manner: centage of valves leaking equal to or (1) All valves subject to the require- less than 2 percent, an owner or oper- ator may begin to skip three of the ments in § 264.1057 within the hazardous quarterly leak detection periods (i.e., waste management unit shall be mon- monitor for leaks once every year) for itored within 1 week by the methods the valves subject to the requirements specified in § 264.1063(b). in § 264.1057 of this subpart. (2) If an instrument reading of 10,000 (4) If the percentage of valves leaking ppm or greater is measured, a leak is is greater than 2 percent, the owner or detected. operator shall monitor monthly in (3) The leak percentage shall be de- compliance with the requirements in termined by dividing the number of § 264.1057, but may again elect to use valves subject to the requirements in this section after meeting the require- § 264.1057 for which leaks are detected ments of § 264.1057(c)(1). by the total number of valves subject [55 FR 25501, June 21, 1990, as amended at 62 to the requirements in § 264.1057 within FR 64658, Dec. 8, 1997] the hazardous waste management unit. (d) If an owner or operator decides to § 264.1063 Test methods and proce- comply with this section no longer, the dures. owner or operator must notify the Re- (a) Each owner or operator subject to gional Administrator in writing that the provisions of this subpart shall the work practice standard described in comply with the test methods and pro- § 264.1057(a) through (e) will be fol- cedures requirements provided in this lowed. section.
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(b) Leak detection monitoring, as re- (2) Method 9060 or 8260 of SW–846 (in- quired in §§ 264.1052–264.1062, shall com- corporated by reference under § 260.11); ply with the following requirements: or (1) Monitoring shall comply with Ref- (3) Application of the knowledge of erence Method 21 in 40 CFR part 60. the nature of the hazardous waste (2) The detection instrument shall stream or the process by which it was meet the performance criteria of Ref- produced. Documentation of a waste erence Method 21. determination by knowledge is re- (3) The instrument shall be cali- quired. Examples of documentation brated before use on each day of its use that shall be used to support a deter- by the procedures specified in Ref- mination under this provision include erence Method 21. production process information docu- (4) Calibration gases shall be: menting that no organic compounds (i) Zero air (less than 10 ppm of hy- are used, information that the waste is drocarbon in air). generated by a process that is identical (ii) A mixture of methane or n- hexane and air at a concentration of to a process at the same or another fa- approximately, but less than, 10,000 cility that has previously been dem- ppm methane or n-hexane. onstrated by direct measurement to (5) The instrument probe shall be tra- have a total organic content less than versed around all potential leak inter- 10 percent, or prior speciation analysis faces as close to the interface as results on the same waste stream possible as described in Reference where it can also be documented that Method 21. no process changes have occurred since (c) When equipment is tested for that analysis that could affect the compliance with no detectable emis- waste total organic concentration. sions, as required in §§ 264.1052(e), (e) If an owner or operator deter- 264.1053(i), 264.1054, and 264.1057(f), the mines that a piece of equipment con- test shall comply with the following tains or contacts a hazardous waste requirements: with organic concentrations at least 10 (1) The requirements of paragraphs percent by weight, the determination (b)(1) through (4) of this section shall can be revised only after following the apply. procedures in paragraph (d)(1) or (d)(2) (2) The background level shall be de- of this section. termined as set forth in Reference (f) When an owner or operator and Method 21. the Regional Administrator do not (3) The instrument probe shall be tra- agree on whether a piece of equipment versed around all potential leak inter- contains or contacts a hazardous waste faces as close to the interface as with organic concentrations at least 10 possible as described in Reference percent by weight, the procedures in Method 21. paragraph (d)(1) or (d)(2) of this section (4) The arithmetic difference between can be used to resolve the dispute. the maximum concentration indicated (g) Samples used in determining the by the instrument and the background level is compared with 500 ppm for de- percent organic content shall be rep- termining compliance. resentative of the highest total organic (d) In accordance with the waste content hazardous waste that is ex- analysis plan required by § 264.13(b), an pected to be contained in or contact owner or operator of a facility must de- the equipment. termine, for each piece of equipment, (h) To determine if pumps or valves whether the equipment contains or are in light liquid service, the vapor contacts a hazardous waste with or- pressures of constituents may be ob- ganic concentration that equals or ex- tained from standard reference texts or ceeds 10 percent by weight using the may be determined by ASTM D–2879–86 following: (incorporated by reference under (1) Methods described in ASTM Meth- § 260.11). ods D 2267–88, E 169–87, E 168–88, E 260– (i) Performance tests to determine if 85 (incorporated by reference under a control device achieves 95 weight § 260.11); percent organic emission reduction
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shall comply with the procedures of (c) When each leak is detected as § 264.1034(c)(1) through (c)(4). specified in §§ 264.1052, 264.1053, 264.1057, and 264.1058, the following require- [55 FR 25501, June 21, 1990, as amended at 62 FR 32462, June 13, 1997] ments apply: (1) A weatherproof and readily visible § 264.1064 Recordkeeping require- identification, marked with the equip- ments. ment identification number, the date (a)(1) Each owner or operator subject evidence of a potential leak was found to the provisions of this subpart shall in accordance with § 264.1058(a), and the comply with the recordkeeping re- date the leak was detected, shall be at- quirements of this section. tached to the leaking equipment. (2) An owner or operator of more (2) The identification on equipment, than one hazardous waste management except on a valve, may be removed unit subject to the provisions of this after it has been repaired. 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 §§ 264.1057(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 §§ 264.1052, 264.1053, 264.1057, the following information in the facil- and 264.1058, 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 264 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 § 264.1058(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. (iv) Percent-by-weight total organics (4) Repair methods applied in each in the hazardous waste stream at the attempt to repair the leak. equipment. (5) ‘‘Above 10,000’’ if the maximum in- (v) Hazardous waste state at the strument reading measured by the equipment (e.g., gas/vapor or liquid). methods specified in § 264.1063(b) after (vi) Method of compliance with the each repair attempt is equal to or standard (e.g., ‘‘monthly leak detection greater than 10,000 ppm. and repair’’ or ‘‘equipped with dual me- (6) ‘‘Repair delayed’’ and the reason chanical seals’’). for the delay if a leak is not repaired (2) For facilities that comply with within 15 calendar days after discovery the provisions of § 264.1033(a)(2), an im- of the leak. plementation schedule as specified in (7) Documentation supporting the § 264.1033(a)(2). delay of repair of a valve in compliance (3) Where an owner or operator with § 264.1059(c). chooses to use test data to dem- (8) The signature of the owner or op- onstrate the organic removal efficiency erator (or designate) whose decision it or total organic compound concentra- was that repair could not be effected tion achieved by the control device, a without a hazardous waste manage- performance test plan as specified in ment unit shutdown. § 264.1035(b)(3). (9) The expected date of successful re- (4) Documentation of compliance pair of the leak if a leak is not repaired with § 264.1060, including the detailed within 15 calendar days. design documentation or performance (10) The date of successful repair of test results specified in § 264.1035(b)(4). the leak.
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(e) Design documentation and moni- at least 10 percent by weight for less toring, operating, and inspection infor- than 300 hours per calendar year. mation for each closed-vent system and (h) The following information per- control device required to comply with taining to all valves subject to the re- the provisions of § 264.1060 shall be re- quirements of § 264.1057 (g) and (h) shall corded and kept up-to-date in the be recorded in a log that is kept in the facility operating record as specified in facility operating record: § 264.1035(c). Design documentation is (1) A list of identification numbers specified in § 264.1035 (c)(1) and (c)(2) for valves that are designated as unsafe and monitoring, operating, and in- to monitor, an explanation for each spection information in § 264.1035 (c)(3)– valve stating why the valve is unsafe (c)(8). to monitor, and the plan for moni- (f) For a control device other than a toring each valve. thermal vapor incinerator, catalytic (2) A list of identification numbers vapor incinerator, flare, boiler, process for valves that are designated as dif- heater, condenser, or carbon adsorption ficult to monitor, an explanation for system, the Regional Administrator each valve stating why the valve is dif- will specify the appropriate record- ficult to monitor, and the planned keeping requirements. schedule for monitoring each valve. (g) The following information per- (i) The following information shall be taining to all equipment subject to the recorded in the facility operating requirements in §§ 264.1052 through record for valves complying with 264.1060 shall be recorded in a log that § 264.1062: is kept in the facility operating record: (1) A schedule of monitoring. (1) A list of identification numbers (2) The percent of valves found leak- for equipment (except welded fittings) ing during each monitoring period. subject to the requirements of this (j) The following information shall be subpart. recorded in a log that is kept in the fa- (2)(i) A list of identification numbers cility operating record: for equipment that the owner or oper- (1) Criteria required in ator elects to designate for no detect- § 264.1052(d)(5)(ii) and § 264.1053(e)(2) and able emissions, as indicated by an in- an explanation of the design criteria. strument reading of less than 500 ppm (2) Any changes to these criteria and above background, under the provi- the reasons for the changes. sions of §§ 264.1052(e), 264.1053(i), and (k) The following information shall 264.1057(f). be recorded in a log that is kept in the facility operating record for use in de- (ii) The designation of this equip- termining exemptions as provided in ment as subject to the requirements of the applicability section of this sub- §§ 264.1052(e), 264.1053(i), or 264.1057(f) part and other specific subparts: shall be signed by the owner or (1) An analysis determining the de- operator. sign capacity of the hazardous waste (3) A list of equipment identification management unit. numbers for pressure relief devices re- (2) A statement listing the hazardous quired to comply with § 264.1054(a). waste influent to and effluent from (4)(i) The dates of each compliance each hazardous waste management test required in §§ 264.1052(e), 264.1053(i), unit subject to the requirements in 264.1054, and 264.1057(f). §§ 264.1052 through 264.1060 and an anal- (ii) The background level measured ysis determining whether these haz- during each compliance test. ardous wastes are heavy liquids. (iii) The maximum instrument read- (3) An up-to-date analysis and the ing measured at the equipment during supporting information and data used each compliance test. to determine whether or not equipment (5) A list of identification numbers is subject to the requirements in for equipment in vacuum service. §§ 264.1052 through 264.1060. The record (6) Identification, either by list or lo- shall include supporting documenta- cation (area or group) of equipment tion as required by § 264.1063(d)(3) when that contains or contacts hazardous application of the knowledge of the na- waste with an organic concentration of ture of the hazardous waste stream or
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the process by which it was produced is leak was not repaired as required in used. If the owner or operator takes § 264.1053(g). any action (e.g., changing the process (3) Dates of hazardous waste man- that produced the waste) that could re- agement unit shutdowns that occurred sult in an increase in the total organic within the semiannual reporting pe- content of the waste contained in or riod. contacted by equipment determined (4) For each month during the semi- not to be subject to the requirements annual reporting period, dates when in §§ 264.1052 through 264.1060, then a the control device installed as required new determination is required. by § 264.1052, 264.1053, 264.1054, or 264.1055 (l) Records of the equipment leak in- exceeded or operated outside of the de- formation required by paragraph (d) of sign specifications as defined in this section and the operating informa- § 264.1064(e) and as indicated by the con- tion required by paragraph (e) of this trol device monitoring required by section need be kept only 3 years. § 264.1060 and was not corrected within (m) The owner or operator of a facil- 24 hours, the duration and cause of ity with equipment that is subject to each exceedance, and any corrective this subpart and to regulations at 40 measures taken. CFR part 60, part 61, or part 63 may (b) If, during the semiannual report- elect to determine compliance with ing period, leaks from valves, pumps, this subpart either by documentation and compressors are repaired as re- pursuant to § 264.1064 of this subpart, or quired in §§ 264.1057 (d), 264.1052 (c) and by documentation of compliance with (d)(6), and 264.1053 (g), respectively, and the regulations at 40 CFR part 60, part the control device does not exceed or 61, or part 63 pursuant to the relevant operate outside of the design specifica- provisions of the regulations at 40 part tions as defined in § 264.1064(e) for more 60, part 61, or part 63. The documenta- than 24 hours, a report to the Regional tion of compliance under regulations at Administrator is not required. 40 CFR part 60, part 61, or part 63 shall §§ 264.1066—264.1079 [Reserved] be kept with or made readily available with the facility operating record. Subpart CC—Air Emission Stand- [55 FR 25501, June 21, 1990, as amended at 61 ards for Tanks, Surface Im- FR 59952, Nov. 25, 1996; 62 FR 64658, Dec. 8, poundments, and Containers 1997]
§ 264.1065 Reporting requirements. SOURCE: 59 FR 62927, Dec. 6, 1994, unless otherwise noted. (a) A semiannual report shall be sub- mitted by owners and operators subject § 264.1080 Applicability. to the requirements of this subpart to (a) The requirements of this subpart the Regional Administrator by dates apply to owners and operators of all fa- specified by the Regional Adminis- cilities that treat, store, or dispose of trator. The report shall include the fol- hazardous waste in tanks, surface im- lowing information: poundments, or containers subject to (1) The Environmental Protection either subparts I, J, or K of this part Agency identification number, name, except as § 264.1 and paragraph (b) of and address of the facility. this section provide otherwise. (2) For each month during the semi- (b) The requirements of this subpart annual reporting period: do not apply to the following waste (i) The equipment identification management units at the facility: number of each valve for which a leak (1) A waste management unit that was not repaired as required in holds hazardous waste placed in the § 264.1057(d). unit before December 6, 1996, and in (ii) The equipment identification which no hazardous waste is added to number of each pump for which a leak the unit on or after December 6, 1996. was not repaired as required in (2) A container that has a design ca- § 264.1052 (c) and (d)(6). pacity less than or equal to 0.1 m3. (iii) The equipment identification (3) A tank in which an owner or oper- number of each compressor for which a ator has stopped adding hazardous
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waste and the owner or operator has ject to the requirements of 40 CFR part begun implementing or completed clo- 265, subpart CC. sure pursuant to an approved closure (d) The requirements of this subpart, plan. except for the recordkeeping require- (4) A surface impoundment in which ments specified in § 264.1089(i) of this an owner or operator has stopped add- subpart, are administratively stayed ing hazardous waste (except to imple- for a tank or a container used for the ment an approved closure plan) and the management of hazardous waste gen- owner or operator has begun imple- erated by organic peroxide manufac- menting or completed closure pursuant turing and its associated laboratory to an approved closure plan. operations when the owner or operator (5) A waste management unit that is of the unit meets all of the following used solely for on-site treatment or conditions: storage of hazardous waste that is (1) The owner or operator identifies placed in the unit as a result of imple- that the tank or container receives menting remedial activities required hazardous waste generated by an or- under the corrective action authorities ganic peroxide manufacturing process of RCRA sections 3004(u), 3004(v), or producing more than one functional 3008(h); CERCLA authorities; or similar family of organic peroxides or multiple Federal or State authorities. organic peroxides within one func- (6) A waste management unit that is tional family, that one or more of used solely for the management of ra- these organic peroxides could poten- dioactive mixed waste in accordance tially undergo self-accelerating ther- 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 Clean Air Act regulation codified under and which may be considered to be a 40 CFR part 60, part 61, or part 63. For structural derivative of hydrogen per- the purpose of complying with this oxide where one or both of the hydro- paragraph, a tank for which the air gen atoms has been replaced by an or- emission control includes an enclosure, as opposed to a cover, must be in com- ganic radical. pliance with the enclosure and control (2) The owner or operator prepares device requirements of § 264.1084(i), ex- documentation, in accordance with the cept as provided in § 264.1082(c)(5). requirements of § 264.1089(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 §§ 264.1084 through facility subject to this subpart who re- 264.1087 of this subpart are installed ceived a final permit under RCRA sec- and operated on the tanks and con- tion 3005 prior to December 6, 1996, the tainers used at the facility to manage requirements of this subpart shall be the hazardous waste generated by the incorporated into the permit when the organic peroxide manufacturing proc- permit is reissued in accordance with ess or processes meeting the conditions the requirements of 40 CFR 124.15 of of paragraph (d)(1) of this section. this chapter or reviewed in accordance (3) The owner or operator notifies the with the requirements of 40 CFR Regional Administrator in writing that 270.50(d) of this chapter. Until such hazardous waste generated by an or- date when the permit is reissued in ac- ganic peroxide manufacturing process cordance with the requirements of 40 or processes meeting the conditions of CFR 124.15 or reviewed in accordance paragraph (d)(1) of this section are with the requirements of 40 CFR managed at the facility in tanks or 270.50(d), the owner and operator is sub- containers meeting the conditions of
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paragraph (d)(2) of this section. The no- (f)(1)(iii) and (f)(1)(iv) of this section tification shall state the name and ad- are temporarily deferred, with respect dress of the facility, and be signed and to the two hazardous waste surface im- dated by an authorized representative poundments, provided that the of the facility owner or operator. Sistersville Plant is in compliance (e)(1) Except as provided in paragraph with the requirements of paragraphs (e)(2) of this section, the requirements (f)(2)(ii), (f)(2)(iii), (f)(2)(iv), (f)(2)(v), of this subpart do not apply to the (f)(2)(vi) and (g) of this section, except pharmaceutical manufacturing facil- as provided under paragraph (f)(1)(ii)(B) ity, commonly referred to as the of this section. The temporary deferral Stonewall Plant, located at Route 340 of the previous sentence shall be effec- South, Elkton, Virginia, provided that tive beginning on the date the facility is operated in compliance with Sistersville Plant receives written no- the requirements contained in a Clean tification of revocation, and continuing Air Act permit issued pursuant to 40 for a maximum period of 18 months CFR 52.2454. The requirements of this from that date, provided that the subpart shall apply to the facility upon Sistersville Plant is in compliance termination of the Clean Air Act per- with the requirements of paragraphs mit issued pursuant to 40 CFR 52.2454. (f)(2)(ii), (f)(2)(iii), (f)(2)(iv), (f)(2)(v), (2) Notwithstanding paragraph (e)(1) (f)(2)(vi) and (g) of this section at all of this section, any hazardous waste times during that 18-month period. In surface impoundment operated at the no event shall the temporary deferral Stonewall Plant is subject to: continue to be effective after the MON (i) The standards in § 264.1085 and all Compliance Date. requirements related to hazardous (B) In the event that a notification of waste surface impoundments that are referenced in or by § 264.1085, including revocation is issued pursuant to para- the closed-vent system and control de- graph (f)(3)(iv) of this section as a re- vice requirements of § 264.1087 and the sult of the permanent removal of the recordkeeping requirements of capper unit from methyl capped § 264.1089(c); and polyether production service, the re- (ii) The reporting requirements of quirements referenced in paragraphs § 264.1090 that are applicable to surface (f)(1)(iii) and (f)(1)(iv) of this section impoundments and/or to closed-vent are temporarily deferred, with respect systems and control devices associated to the two hazardous waste surface im- with a surface impoundment. poundments, provided that the (f) This section applies only to the fa- Sistersville Plant is in compliance cility commonly referred to as the OSi with the requirements of paragraphs Specialties Plant, located on State (f)(2)(vi), and (g) of this section. The Route 2, Sistersville, West Virginia temporary deferral of the previous sen- (‘‘Sistersville Plant’’). tence shall be effective beginning on (1)(i) Provided that the Sistersville the date the Sistersville Plant receives Plant is in compliance with the re- written notification of revocation, and quirements of paragraph (f)(2) of this continuing for a maximum period of 18 section, the requirements referenced in months from that date, provided that paragraphs (f)(1)(iii) and (f)(1)(iv) of the Sistersville Plant is in compliance this section are temporarily deferred, with the requirements of paragraphs as specified in paragraph (f)(3) of this (f)(2)(vi) and (g) of this section at all section, with respect to the two haz- times during that 18-month period. In ardous waste surface impoundments at no event shall the temporary deferral the Sistersville Plant. Beginning on continue to be effective after the MON the date that paragraph (f)(1)(ii) of this Compliance Date. section is first implemented, the tem- (iii) The standards in § 264.1085 of this porary deferral of this paragraph shall part, and all requirements referenced no longer be effective. in or by § 264.1085 that otherwise would (ii)(A) In the event that a notice of apply to the two hazardous waste sur- revocation is issued pursuant to para- face impoundments, including the graph (f)(3)(iv) of this section, the re- closed-vent system and control device quirements referenced in paragraphs requirements of § 264.1087 of this part.
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(iv) The reporting requirements of of 20 parts per million by volume, on a § 264.1090 that are applicable to surface dry basis, corrected to 3 percent oxy- impoundments and/or to closed-vent gen, whichever is less stringent. systems and control devices associated (i) Prior to conducting the initial with a surface impoundment. performance test required under para- (2) Notwithstanding the effective pe- graph (f)(2)(ii)(B) of this section, the riod and revocation provisions in para- Sistersville Plant shall operate the graph (f)(3) of this section, the tem- thermal incinerator at or above a min- porary deferral provided in paragraph imum temperature of 1600 Fahrenheit. (f)(1)(i) of this section is effective only (ii) After the initial performance test if the Sistersville Plant meets the re- required under paragraph (f)(2)(ii)(B) of quirements of paragraph (f)(2) of this this section, the Sistersville Plant section. shall operate the thermal incinerator (i) The Sistersville Plant shall install at or above the minimum temperature an air pollution control device on the established during that initial perform- polyether methyl capper unit (‘‘capper ance test. unit’’), implement a methanol recovery (iii) The Sistersville Plant shall oper- operation, and implement a waste ate the process vent thermal inciner- minimization/pollution prevention ator at all times that the capper unit is ( WMPP ) project. The installation and ‘‘ ’’ being operated to manufacture prod- implementation of these requirements uct. shall be conducted according to the (2) The Sistersville Plant shall in- schedule described in paragraphs (f)(2)(i) and (f)(2)(vi) of this section. stall, calibrate, and maintain all air (A) The Sistersville Plant shall com- pollution control and monitoring plete the initial start-up of a thermal equipment described in paragraphs incinerator on the capper unit’s proc- (f)(2)(i)(A) and (f)(2)(ii)(B)(3) of this sec- ess vents from the first stage vacuum tion, according to the manufacturer’s pump, from the flash pot and surge specifications, or other written proce- tank, and from the water stripper, no dures that provide adequate assurance later than April 1, 1998. that the equipment can reasonably be (B) The Sistersville Plant shall pro- expected to control and monitor accu- vide to the EPA and the West Virginia rately, and in a manner consistent Department of Environmental Protec- with good engineering practices during tion, written notification of the actual all periods when emissions are routed date of initial start-up of the thermal to the unit. incinerator, and commencement of the (B) The Sistersville Plant shall com- methanol recovery operation. The ply with the requirements of para- Sistersville Plant shall submit this graphs (f)(2)(ii)(B)(1) through written notification as soon as prac- (f)(2)(ii)(B)(3) of this section for per- ticable, but in no event later than 15 formance testing and monitoring of the days after such events. capper unit process vent thermal incin- (ii) The Sistersville Plant shall in- erator. stall and operate the capper unit proc- (1) Within sixty (120) days after ther- ess vent thermal incinerator according mal incinerator initial start-up, the to the requirements of paragraphs Sistersville Plant shall conduct a per- (f)(2)(ii)(A) through (f)(2)(ii)(D) of this formance test to determine the min- section. imum temperature at which compli- (A) Capper unit process vent thermal ance with the emission reduction re- incinerator. quirement specified in paragraph (f)(4) (1) Except as provided under para- of this section is achieved. This deter- graph (f)(2)(ii)(D) of this section, the mination shall be made by measuring Sistersville Plant shall operate the TOC minus methane and ethane, ac- process vent thermal incinerator such cording to the procedures specified in that the incinerator reduces the total paragraph (f)(2)(ii)(B) of this section. organic compounds (‘‘TOC’’) from the (2) The Sistersville Plant shall con- process vent streams identified in para- duct the initial performance test in ac- graph (f)(2)(i)(A) of this section, by 98 cordance with the standards set forth weight-percent, or to a concentration in paragraph (f)(4) of this section.
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(3) Upon initial start-up, the mechanism is maintained in the closed Sistersville Plant shall install, cali- position. brate, maintain and operate, according (C) The Sistersville Plant shall keep to manufacturer’s specifications and in on-site an up-to-date, readily acces- a manner consistent with good engi- sible record of the information de- neering practices, the monitoring scribed in paragraphs (f)(2)(ii)(C)(1) equipment described in paragraphs through (f)(2)(ii)(C)(4) of this section. (f)(2)(ii)(B)(3)(i) through (1) Data measured during the initial (f)(2)(ii)(B)(3)(iii) of this section. performance test regarding the firebox (i) A temperature monitoring device temperature of the incinerator and the equipped with a continuous recorder. percent reduction of TOC achieved by The temperature monitoring device the incinerator, and/or such other in- shall be installed in the firebox or in formation required in addition to or in the duct work immediately down- lieu of that information by the WVDEP stream of the firebox in a position be- in its approval of equivalent test meth- fore any substantial heat exchange is ods and procedures. encountered. (2) Continuous records of the equip- (ii) A flow indicator that provides a ment operating procedures specified to record of vent stream flow to the incin- be monitored under paragraph erator at least once every fifteen min- (f)(2)(ii)(B)(3) of this section, as well as utes. The flow indicator shall be in- records of periods of operation during stalled in the vent stream from the which the firebox temperature falls process vent at a point closest to the below the minimum temperature es- inlet of the incinerator. tablished under paragraph (iii) If the closed-vent system in- (f)(2)(ii)(A)(1) of this section. cludes bypass devices that could be (3) Records of all periods during used to divert the gas or vapor stream which the vent stream has no flow rate to the atmosphere before entering the to the extent that the capper unit is control device, each bypass device shall being operated during such period. be equipped with either a bypass flow (4) Records of all periods during indicator or a seal or locking device as which there is flow through a bypass specified in this paragraph. For the device. purpose of complying with this para- (D) The Sistersville Plant shall com- graph, low leg drains, high point ply with the start-up, shutdown, main- bleeds, analyzer vents, open-ended tenance and malfunction requirements valves or lines, spring-loaded pressure contained in paragraphs (f)(2)(ii)(D)(1) 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
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with good air pollution control prac- forth in paragraph (f)(2)(iii)(A)(1) of tices. this section on and after the date on (ii) Ensure that the Sistersville Plant which the initial performance test ref- is prepared to correct malfunctions as erenced in paragraph (f)(2)(ii)(B) of this soon as practicable after their occur- section is completed, but no later than rence in order to minimize excess emis- sixty (60) days after the initial start-up sions. date. (iii) Reduce the reporting require- (C) The Sistersville Plant shall com- ments associated with periods of start- ply with the monitoring requirements up, shutdown and malfunction. of paragraphs (f)(2)(iii)(C)(1) through (3) During periods of start-up, shut- (f)(2)(iii)(C)(3) of this section, with re- down and malfunction, the Sistersville spect to the closed-vent system. Plant shall maintain the process unit (1) At the time of the performance and the associated thermal incinerator test described in paragraph (f)(2)(ii)(B) in accordance with the procedures set of this section, the Sistersville Plant forth in the plan. shall inspect the closed-vent system as (4) The plan shall contain record specified in paragraph (f)(5) of this sec- keeping requirements relating to peri- tion. ods of start-up, shutdown or malfunc- (2) At the time of the performance tion, actions taken during such periods test described in paragraph (f)(2)(ii)(B) in conformance with the plan, and any of this section, and annually there- failures to act in conformance with the after, the Sistersville Plant shall in- plan during such periods. spect the closed-vent system for visi- (5) During periods of maintenance or ble, audible, or olfactory indications of malfunction of the thermal inciner- leaks. ator, the Sistersville Plant may con- tinue to operate the capper unit, pro- (3) If at any time a defect or leak is vided that operation of the capper unit detected in the closed-vent system, the without the thermal incinerator shall Sistersville Plant shall repair the de- be limited to no more than 240 hours fect or leak in accordance with the re- each calendar year. quirements of paragraphs (f)(2)(iii)(C)( )( ) and (f)(2)(iii)(C)( )( ) (6) For the purposes of paragraph 3 i 3 ii (f)(2)(iii)(D) of this section, the of this section. Sistersville Plant may use its oper- (i) The Sistersville Plant shall make ating procedures manual, or a plan de- first efforts at repair of the defect no veloped for other reasons, provided later than five (5) calendar days after that plan meets the requirements of detection, and repair shall be com- paragraph (f)(2)(iii)(D) of this section pleted as soon as possible but no later for the start-up, shutdown and mal- than forty-five (45) calendar days after function plan. detection. (iii) The Sistersville Plant shall oper- (ii) The Sistersville Plant shall main- ate the closed-vent system in accord- tain a record of the defect repair in ac- ance with the requirements of para- cordance with the requirements speci- graphs (f)(2)(iii)(A) through (f)(2)(iii)(D) fied in paragraph (f)(2)(iii)(D) of this of this section. section. (A) Closed-vent system. (D) The Sistersville Plant shall keep (1) At all times when the process vent on-site up-to-date, readily accessible thermal incinerator is operating, the records of the inspections and repairs Sistersville Plant shall route the vent required to be performed by paragraph streams identified in paragraph (f)(2)(i) (f)(2)(iii) of this section. of this section from the capper unit to (iv) The Sistersville Plant shall oper- the thermal incinerator through a ate the methanol recovery operation in closed-vent system. accordance with paragraphs (2) The closed-vent system will be de- (f)(2)(iv)(A) through (f)(2)(iv)(C) of this signed for and operated with no detect- section. able emissions, as defined in paragraph (A) The Sistersville Plant shall oper- (f)(6) of this section. ate the condenser associated with the (B) The Sistersville Plant will com- methanol recovery operation at all ply with the performance standards set times during which the capper unit is
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being operated to manufacture prod- (1) Reuse. To the extent reuse of all uct. of the collected methanol destined for (B) The Sistersville Plant shall com- reuse, recovery, or thermal recovery is ply with the monitoring requirements not economically feasible, the described in paragraphs (f)(2)(B)(1) Sistersville Plant shall ensure the re- through (f)(2)(B)(3) of this section, with sidual portion is sent for recovery, as respect to the methanol recovery oper- defined in paragraph (f)(6) of this sec- ation. tion, except as provided in paragraph (1) The Sistersville Plant shall per- (f)(2)(v)(A)(2) of this section. form measurements necessary to deter- (2) Recovery. To the extent that mine the information described in reuse or recovery of all the collected paragraphs (f)(2)(iv)(B)(1)(i) and methanol destined for reuse, recovery, (f)(2)(iv)(B)(1)(ii) of this section to dem- or thermal recovery is not economi- onstrate the percentage recovery by cally feasible, the Sistersville Plant weight of the methanol contained in shall ensure that the residual portion the influent gas stream to the con- is sent for thermal recovery/treatment, denser. as defined in paragraph (f)(6) of this (i) Information as is necessary to cal- section. culate the annual amount of methanol (3) The Sistersville Plant shall ensure generated by operating the capper unit. that, on an annual basis, no more than (ii) The annual amount of methanol 5% of the methanol collected by the recovered by the condenser associated methanol recovery operation is subject with the methanol recovery operation. to bio-treatment. (2) The Sistersville Plant shall in- (4) In the event the Sistersville Plant stall, calibrate, maintain and operate receives written notification of revoca- according to manufacturer specifica- tion pursuant to paragraph (f)(3)(iv) of tions, a temperature monitoring device this section, the percent limitations with a continuous recorder for the con- set forth under paragraph (f)(2)(v)(A) of denser associated with the methanol this section shall no longer be applica- recovery operation, as an indicator ble, beginning on the date of receipt of that the condenser is operating. written notification of revocation. (3) The Sistersville Plant shall record (B) The Sistersville Plant shall per- the dates and times during which the form such measurements as are nec- capper unit and the condenser are oper- essary to determine the pounds of col- ating. lected methanol directed to reuse, re- (C) The Sistersville Plant shall keep covery, thermal recovery/treatment on-site up-to-date, readily-accessible and bio-treatment, respectively, on a records of the parameters specified to monthly basis. be monitored under paragraph (C) The Sistersville Plant shall keep (f)(2)(iv)(B) of this section. on-site up-to-date, readily accessible (v) The Sistersville Plant shall com- records of the amounts of collected ply with the requirements of para- methanol directed to reuse, recovery, graphs (f)(2)(v)(A) through (f)(2)(v)(C) of thermal recovery/treatment and bio- this section for the disposition of treatment necessary for the measure- methanol collected by the methanol re- ments required under paragraph covery operation. (f)(2)(iv)(B) of this section. (A) On an annual basis, the (vi) The Sistersville Plant shall per- Sistersville Plant shall ensure that a form a WMPP project in accordance minimum of 95% by weight of the with the requirements and schedules methanol collected by the methanol re- set forth in paragraphs (f)(2)(vi)(A) covery operation (also referred to as through (f)(2)(vi)(C) of this section. the ‘‘collected methanol’’) is utilized for (A) In performing the WMPP Project, reuse, recovery, or thermal recovery/ the Sistersville Plant shall use a Study treatment. The Sistersville Plant may Team and an Advisory Committee as use the methanol on-site, or may described in paragraphs (f)(2)(vi)(A)(1) transfer or sell the methanol for reuse, through (f)(2)(vi)(A)(6) of this section. recovery, or thermal recovery/treat- (1) At a minimum, the multi-func- ment at other facilities. tional Study Team shall consist of
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Sistersville Plant personnel from ap- (i) Review and comment upon the propriate plant departments (including Study Team’s criteria for selection of both management and employees) and waste streams, and the Study Team’s an independent contractor. The identification and prioritization of the Sistersville Plant shall select a con- waste streams to be evaluated during tractor that has experience and train- the WMPP Project. ing in WMPP in the chemical manufac- (ii) Review and comment upon the turing industry. Study Team progress reports and the (2) The Sistersville Plant shall direct draft WMPP Study Report. the Study Team such that the team (iii) Periodically review the effective- performs the functions described in ness of WMPP opportunities imple- paragraphs (f)(2)(vi)(A)(2)(i) through mented as part of the WMPP Project, (f)(2)(vi)(A)(2)(v) of this section. and, where appropriate, WMPP oppor- (i) Review Sistersville Plant oper- tunities previously determined to be ations and waste streams. infeasible by the Sistersville Plant but (ii) Review prior WMPP efforts at the which had potential for feasibility in Sistersville Plant. the future. (5) Beginning on January 15, 1998, and (iii) Develop criteria for the selection every ninety (90) days thereafter until of waste streams to be evaluated for submission of the final WMPP Study the WMPP Project. Report required by paragraph (iv) Identify and prioritize the waste (f)(2)(vi)(C) of this section, the streams to be evaluated during the Sistersville Plant shall direct the study phase of the WMPP Project, Study Team to submit a progress re- based on the criteria described in para- port to the Advisory Committee detail- graph (f)(2)(vi)(A)(2)(iii) of this section. ing its efforts during the prior ninety (v) Perform the WMPP Study as re- (90) day period. quired by paragraphs (f)(2)(vi)(A)(3) (B) The Sistersville Plant shall en- through (f)(2)(vi)(A)(5), paragraph sure that the WMPP Study and the (f)(2)(vi)(B), and paragraph (f)(2)(vi)(C) WMPP Study Report meet the require- of this section. ments of paragraphs (f)(2)(vi)(B)(1) (3)(i) The Sistersville Plant shall es- through (f)(2)(vi)(B)(3) of this section. tablish an Advisory Committee con- (1) The WMPP Study shall consist of sisting of a representative from EPA, a a technical, economic, and regulatory representative from WVDEP, the assessment of opportunities for source Sistersville Plant Manager, the reduction and for environmentally Sistersville Plant Director of Safety, sound recycling for waste streams iden- Health and Environmental Affairs, and tified by the Study Team. a stakeholder representative(s). (2) The WMPP Study shall evaluate (ii) The Sistersville Plant shall select the source, nature, and volume of the the stakeholder representative(s) by waste streams; describe all the WMPP mutual agreement of EPA, WVDEP and opportunities identified by the Study the Sistersville Plant no later than 20 Team; provide a feasibility screening days after receiving from EPA and to evaluate the technical and economi- WVDEP the names of their respective cal feasibility of each of the WMPP op- committee members. portunities; identify any cross-media (4) The Sistersville Plant shall con- impacts or any anticipated transfers of vene a meeting of the Advisory Com- risk associated with each feasible mittee no later than thirty days after WMPP opportunity; and identify the selection of the stakeholder represent- projected economic savings and pro- atives, and shall convene meetings pe- jected quantitative waste reduction es- riodically thereafter as necessary for timates for each WMPP opportunity the Advisory Committee to perform its identified. assigned functions. The Sistersville (3) No later than October 19, 1998, the Plant shall direct the Advisory Com- Sistersville Plant shall prepare and mittee to perform the functions de- submit to the members of the Advisory scribed in paragraphs (f)(2)(vi)(A)(4)(i) Committee a draft WMPP Study Re- through (f)(2)(vi)(A)(4)(iii) of this sec- port which, at a minimum, includes the tion. results of the WMPP Study, identifies
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WMPP opportunities the Sistersville (3) No requirements of paragraph Plant determines to be feasible, dis- (f)(2)(vi) of this section are intended to cusses the basis for excluding other op- prevent or restrict the Sistersville portunities as not feasible, and makes Plant from evaluating and imple- recommendations as to whether the menting any WMPP opportunities at WMPP Study should be continued. The the Sistersville Plant in the normal members of the Advisory Committee course of its operations or from imple- shall provide any comments to the menting, prior to the completion of the Sistersville Plant within thirty (30) WMPP Study, any WMPP opportuni- days of receiving the WMPP Study Re- ties identified by the Study Team. port. (vii) The Sistersville Plant shall (C) Within thirty (30) days after re- maintain on-site each record required ceipt of comments from the members by paragraph (f)(2) of this section, of the Advisory Committee, the through the MON Compliance Date. Sistersville Plant shall submit to EPA (viii) The Sistersville Plant shall and WVDEP a final WMPP Study Re- comply with the reporting require- port which identifies those WMPP op- ments of paragraphs (f)(2)(viii)(A) portunities the Sistersville Plant de- through (f)(2)(viii)(G) of this section. termines to be feasible and includes an (A) At least sixty days prior to con- implementation schedule for each such ducting the initial performance test of WMPP opportunity. The Sistersville the thermal incinerator, the Plant shall make reasonable efforts to Sistersville Plant shall submit to EPA implement all feasible WMPP opportu- and WVDEP copies of a notification of nities in accordance with the priorities performance test, as described in 40 identified in the implementation CFR 63.7(b). Following the initial per- schedule. formance test of the thermal inciner- (1) For purposes of this section, a ator, the Sistersville Plant shall sub- WMPP opportunity is feasible if the mit to EPA and WVDEP copies of the Sistersville Plant considers it to be performance test results that include technically feasible (taking into ac- count engineering and regulatory fac- the information relevant to initial per- tors, product line specifications and formance tests of thermal incinerators customer needs) and economically contained in 40 CFR 63.7(g)(1), 40 CFR practical (taking into account the full 63.117(a)(4)(i), and 40 CFR environmental costs and benefits asso- 63.117(a)(4)(ii). ciated with the WMPP opportunity and (B) Beginning in 1999, on January 31 the company’s internal requirements of each year, the Sistersville Plant for approval of capital projects). For shall submit a semiannual written re- purposes of the WMPP Project, the port to the EPA and WVDEP, with re- Sistersville Plant shall use ‘‘An Intro- spect to the preceding six month period duction to Environmental Accounting ending on December 31, which contains as a Business Management Tool,’’ (EPA the information described in para- 742/R–95/001) as one tool to identify the graphs (f)(2)(viii)(B)(1) through full environmental costs and benefits (f)(2)(viii)(B)(10) of this section. of each WMPP opportunity. (1) Instances of operating below the (2) In implementing each WMPP op- minimum operating temperature es- portunity, the Sistersville Plant shall, tablished for the thermal incinerator after consulting with the other mem- under paragraph (f)(2)(ii)(A)(1) of this bers of the Advisory Committee, de- section which were not corrected with- velop appropriate protocols and meth- in 24 hours of onset. ods for determining the information re- (2) Any periods during which the quired by paragraphs (f)(2)(vi)(2)(i) paper unit was being operated to manu- through (f)(2)(vi)(2)(iii) of this section. facture product while the flow indi- (i) The overall volume of wastes re- cator the vent streams to the thermal duced. incinerator showed no flow. (ii) The quantities of each con- (3) Any periods during which the cap- stituent identified in paragraph (f)(8) of per unit was being operated to manu- this section reduced in the wastes. facture product while the flow indi- (iii) The economic benefits achieved. cator for any bypass device on the
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closed vent system to the thermal in- preceding 12 month period ending on cinerator showed flow. June 30. (4) Information required to be re- (2) An updated Emissions Analysis ported during that six month period for January through December of the under the preconstruction permit preceding calendar year. The issued under the state permitting pro- Sistersville Plant shall submit the up- gram approved under subpart XX of 40 dated Emissions Analysis in a form CFR Part 52—Approval and Promulga- substantially equivalent to the pre- tion of Implementation Plans for West vious Emissions Analysis prepared by Virginia. the Sistersville Plant to support (5) Any periods during which the cap- Project XL. The Emissions Analysis per unit was being operated to manu- shall include a comparison of the vola- facture product while the condenser as- tile organic emissions associated with sociated with the methanol recovery the capper unit process vents and the operation was not in operation. wastewater treatment system (using (6) The amount (in pounds and by the EPA Water 8 model or other model month) of methanol collected by the agreed to by the Sistersville Plant, methanol recovery operation during EPA and WVDEP) under Project XL the six month period. with the expected emissions from those (7) The amount (in pounds and by sources absent Project XL during that month) of collected methanol utilized period. for reuse, recovery, thermal recovery/ (3) A discussion of the Sistersville treatment, or bio-treatment, respec- Plant’s performance in meeting the re- tively, during the six month period. quirements of this section, specifically (8) The calculated amount (in pounds identifying any areas in which the and by month) of methanol generated Sistersville Plant either exceeded or by operating the capper unit. failed to achieve any such standard. (9) The status of the WMPP Project, (4) A description of any unantici- including the status of developing the pated problems in implementing the WMPP Study Report. XL Project and any steps taken to re- (10) Beginning in the year after the solve them. Sistersville Plant submits the final (5) A WMPP Implementation Report WMPP Study Report required by para- that contains the information con- graph (f)(2)(vi)(C) of this section, and tained in paragraphs (f)(2)(viii)(C)(5)(i) continuing in each subsequent Semi- through (viii)(C)(5)(vi) of this section. annual Report required by paragraph (i) A summary of the WMPP opportu- (f)(2)(viii)(B) of this section, the nities selected for implementation. Sistersville Plant shall report on the 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.
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(7) An update on stakeholder involve- (G) Each report submitted by the ment efforts. Sistersville Plant under the require- (8) An evaluation of the Project as ments of paragraph (f)(2) of this section implemented against the Project XL shall be certified by a Responsible Cor- Criteria and the baseline scenario. porate Officer, as defined in 40 CFR (D) The Sistersville Plant shall sub- 270.11(a)(1). mit to the EPA and WVDEP Project (H) For each report submitted in ac- XL contacts a written Final Project cordance with paragraph (f)(2) of this Report covering the period during section, the Sistersville Plant shall which the temporary deferral was ef- send one copy each to the addresses in fective, as described in paragraph (f)(3) paragraphs (f)(2)(viii) (H)(1) through of this section. (H)(3) of this section. (1) The Final Project Report shall (1) U.S. EPA Region 3, 1650 Arch contain the information required to be Street, Philadelphia, PA 19103–2029, At- submitted for the Semiannual Report tention Tad Radzinski, Mail Code required under paragraph (f)(2)(viii)(B) 3WC11. of this section, and the Annual Project (2) U.S. EPA, 401 M Street SW, Wash- Report required under paragraph ington, DC 20460, Attention L. Nancy (f)(2)(viii)(C) of this section. Birnbaum, Mail Code 2129. (2) The Sistersville Plant shall sub- (3) West Virginia Division of Environ- mit the Final Project Report to EPA mental Protection, Office of Air Qual- and WVDEP no later than 180 days ity, 1558 Washington Street East, after the temporary deferral of para- Charleston, WV 25311–2599, Attention graph (f)(1) of this section is revoked, John H. Johnston. or 180 days after the MON Compliance (3) Effective period and revocation of Date, whichever occurs first. temporary deferral. (E)(1) The Sistersville Plant shall re- (i) The temporary deferral contained tain on-site a complete copy of each of in this section is effective from April 1, the report documents to be submitted 1998, and shall remain effective until to EPA and WVDEP in accordance with the MON Compliance Date. The tem- requirements under paragraph (f)(2) of porary deferral contained in this sec- this section. The Sistersville Plant tion may be revoked prior to the MON shall retain this record until 180 days Compliance Date, as described in para- after the MON Compliance Date. The graph (f)(3)(iv) of this section. Sistersville Plant shall provide to (ii) On the MON Compliance Date, stakeholders and interested parties a the temporary deferral contained in written notice of availability (to be this section will no longer be effective. mailed to all persons on the Project (iii) The Sistersville Plant shall come mailing list and to be provided to at into compliance with those require- least one local newspaper of general ments deferred by this section no later circulation) of each such document, than the MON Compliance Date. No and provide a copy of each document to later than 18 months prior to the MON any such person upon request, subject Compliance Date, the Sistersville to the provisions of 40 CFR part 2. Plant shall submit to EPA an imple- (2) Any reports or other information mentation schedule that meets the re- submitted to EPA or WVDEP may be quirements of paragraph (g)(1)(iii) of released to the public pursuant to the this section. Federal Freedom of Information Act (iv) The temporary deferral con- (42 U.S.C. 552 et seq.), subject to the tained in this section may be revoked provisions of 40 CFR part 2. for cause, as determined by EPA, prior (F) The Sistersville Plant shall make to the MON Compliance Date. The all supporting monitoring results and Sistersville Plant may request EPA to records required under paragraph (f)(2) revoke the temporary deferral con- of this section available to EPA and tained in this section at any time. The WVDEP within a reasonable amount of revocation shall be effective on the time after receipt of a written request date that the Sistersville Plant re- from those Agencies, subject to the ceives written notification of revoca- provisions of 40 CFR part 2. tion from EPA.
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(v) Nothing in this section shall af- ples shall be taken at approximately fect the provisions of the MON, as ap- equal intervals in time, such as 15 plicable to the Sistersville Plant. minute intervals during the run. (vi) Nothing in paragraph (f) or (g) of (B) The concentration of TOC minus this section shall affect any regulatory methane and ethane (CTOC) shall be cal- requirements not referenced in para- culated as the sum of the concentra- graph (f)(1)(iii) or (f)(1)(iv) of this sec- tions of the individual components, and tion, as applicable to the Sistersville shall be computed for each run using Plant. the following equation: (4) The Sistersville Plant shall con- duct the initial performance test re- n quired by paragraph (f)(2)(ii)(B) of this ∑C ji section using the procedures in para- x = = j 1 graph (f)(4) of this section. The organic CTOC ∑ concentration and percent reduction i=1 x shall be measured as TOC minus meth- Where: ane and ethane, according to the proce- TOC=Concentration of TOC (minus methane dures specified in paragraph (f)(4) of and ethane), dry basis, parts per million this section. by volume. (i) Method 1 or 1A of 40 CFR part 60, ji=Concentration of sample components j of appendix A, as appropriate, shall be sample i, dry basis, parts per million by used for selection of the sampling sites. volume. (A) To determine compliance with n=Number of components in the sample. x=Number of samples in the sample run. the 98 percent reduction of TOC re- quirement of paragraph (f)(2)(ii)(A)(1) (C) The concentration of TOC shall be of this section, sampling sites shall be corrected to 3 percent oxygen if a com- located at the inlet of the control de- bustion device is the control device. vice after the final product recovery (1) The emission rate correction fac- tor or excess air, integrated sampling device, and at the outlet of the control and analysis procedures of Method 3B device. of 40 CFR part 60, appendix A shall be (B) To determine compliance with used to determine the oxygen con- the 20 parts per million by volume TOC centration (%O ). The samples shall be limit in paragraph (f)(2)(ii)(A)(1) of this 2d taken during the same time that the section, the sampling site shall be lo- TOC (minus methane or ethane) sam- cated at the outlet of the control de- ples are taken. vice. (2) The concentration corrected to 3 (ii) The gas volumetric flow rate percent oxygen (Cc) shall be computed shall be determined using Method 2, using the following equation: 2A, 2C, or 2D of 40 CFR part 60, appen- dix A, as appropriate. 17. 9 (iii) To determine compliance with CC= the 20 parts per million by volume TOC cm 20.% 9 O limit in paragraph (f)(2)(ii)(A)(1) of this 2d section, the Sistersville Plant shall use Where: Method 18 of 40 CFR part 60, appendix Cc=Concentration of TOC corrected to 3 per- A to measure TOC minus methane and cent oxygen, dry basis, parts per million ethane. Alternatively, any other meth- by volume. Cm=Concentration of TOC (minus methane od or data that has been validated ac- and ethane), dry basis, parts per million cording to the applicable procedures in by volume. Method 301 of 40 CFR part 63, appendix %O2d=Concentration of oxygen, dry basis, A, may be used. The following proce- percent by volume. dures shall be used to calculate parts (iv) To determine compliance with per million by volume concentration, the 98 percent reduction requirement of corrected to 3 percent oxygen: paragraph (f)(2)(ii)(A)(1) of this section, (A) The minimum sampling time for the Sistersville Plant shall use Method each run shall be 1 hour in which either 18 of 40 CFR part 60, appendix A; alter- an integrated sample or a minimum of natively, any other method or data four grab samples shall be taken. If that has been validated according to grab sampling is used, then the sam- the applicable procedures in Method 301
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of 40 CFR part 63, appendix A may be Ei=Mass rate of TOC (minus methane and used. The following procedures shall be ethane) at the inlet to the control device used to calculate percent reduction ef- as calculated under paragraph ficiency: (f)(4)(iv)(B) of this section, kilograms TOC per hour. (A) The minimum sampling time for Eo=Mass rate of TOC (minus methane and each run shall be 1 hour in which either ethane) at the outlet of the control de- an integrated sample or a minimum of vice, as calculated under paragraph four grab samples shall be taken. If (f)(4)(iv)(B) of this section, kilograms grab sampling is used, then the sam- TOC per hour. ples shall be taken at approximately (5) At the time of the initial perform- equal intervals in time such as 15 ance test of the process vent thermal minute intervals during the run. incinerator required under paragraph (B) The mass rate of TOC minus (f)(2)(ii)(B) of this section, the methane and ethane (Ei, Eo) shall be Sistersville Plant shall inspect each computed. All organic compounds closed vent system according to the (minus methane and ethane) measured procedures specified in paragraphs by Method 18 of 40 CFR part 60, appen- (f)(5)(i) through (f)(5)(vi) of this sec- dix A are summed using the following tion. equations: (i) The initial inspections shall be conducted in accordance with Method n 21 of 40 CFR part 60, appendix A. EK= ∑ CMQ (ii) (A) Except as provided in para- iijij2 i graph (f)(5)(ii)(B) of this section, the = j 1 detection instrument shall meet the performance criteria of Method 21 of 40 n = CFR part 60, appendix A, except the in- EKoojoj2 ∑ CMQ o strument response factor criteria in j=1 section 3.1.2(a) of Method 21 of 40 CFR Where: part 60, appendix A shall be for the av- erage composition of the process fluid Cij, Coj=Concentration of sample component j of the gas stream at the inlet and outlet not each individual volatile organic of the control device, respectively, dry compound in the stream. For process basis, parts per million by volume. streams that contain nitrogen, air, or
Ei, Eo=Mass rate of TOC (minus methane and other inerts which are not organic haz- ethane) at the inlet and outlet of the ardous air pollutants or volatile or- control device, respectively, dry basis, ganic compounds, the average stream kilogram per hour. response factor shall be calculated on Mij, Moj=Molecular weight of sample compo- an inert-free basis. nent j of the gas stream at the inlet and (B) If no instrument is available at outlet of the control device, respectively, gram/gram-mole. the plant site that will meet the per- formance criteria specified in para- Qi, Qo=Flow rate of gas stream at the inlet and outlet of the control device, respec- graph (f)(5)(ii)(A) of this section, the tively, dry standard cubic meter per instrument readings may be adjusted minute. by multiplying by the average response ¥6 ¥1 K2=Constant, 2.494×10 (parts per million) factor of the process fluid, calculated (gram-mole per standard cubic meter) on an inert-free basis as described in (kilogram/gram) (minute/hour), where paragraph (f)(5)(ii)(A) of this section. standard temperature (gram-mole per (iii) The detection instrument shall ° standard cubic meter) is 20 C. be calibrated before use on each day of (C) The percent reduction in TOC its use by the procedures specified in (minus methane and ethane) shall be Method 21 of 40 CFR part 60, appendix calculated as follows: A. (iv) Calibration gases shall be as fol- = EEio lows: R ()100 (A) Zero air (less than 10 parts per Ei million hydrocarbon in air); and Where: (B) Mixtures of methane in air at a R=Control efficiency of control device, per- concentration less than 10,000 parts per cent. million. A calibration gas other than
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methane in air may be used if the in- (v) Thermal recovery/treatment in- strument does not respond to methane cludes the use of collected methanol in or if the instrument does not meet the fuels blending or as a feed to any com- performance criteria specified in para- bustion device to the extent permitted graph (f)(5)(ii)(A) of this section. In by Federal and state law. such cases, the calibration gas may be (vi) Bio-treatment includes the treat- a mixture of one or more of the com- ment of the collected methanol pounds to be measured in air. through introduction into a biological (v) The Sistersville Plant may elect treatment system, including the treat- to adjust or not adjust instrument ment of the collected methanol as a readings for background. If the waste stream in an on-site or off-site Sistersville Plant elects to not adjust wastewater treatment system. Intro- readings for background, all such in- duction of the collected methanol to strument readings shall be compared the on-site wastewater treatment sys- directly to the applicable leak defini- tem will be limited to points down- tion to determine whether there is a stream of the surface impoundments, leak. If the Sistersville Plant elects to and will be consistent with the require- adjust instrument readings for back- ments of federal and state law. ground, the Sistersville Plant shall (vii) Start-up shall have the meaning measure background concentration set forth at 40 CFR 63.2. using the procedures in 40 CFR 63.180(b) (viii) Flow indicator means a device and (c). The Sistersville Plant shall which indicates whether gas flow is subtract background reading from the present in the vent stream, and, if re- maximum concentration indicated by quired by the permit for the thermal the instrument. incinerator, which measures the gas (vi) The arithmetic difference be- flow in that stream. tween the maximum concentration in- dicated by the instrument and the (ix) Continuous Recorder means a background level shall be compared data recording device that records an with 500 parts per million for deter- instantaneous data value at least once mining compliance. every fifteen minutes. (6) Definitions of terms as used in (x) MON means the National Emis- paragraphs (f) and (g) of this section. sion Standards for Hazardous Air Pol- (i) Closed vent system is defined as a lutants for the source category Mis- system that is not open to the atmos- cellaneous Organic Chemical Produc- phere and that is composed of piping, tion and Processes (‘‘MON’’), promul- connections and, if necessary, flow-in- gated under the authority of Section ducing devices that transport gas or 112 of the Clean Air Act. 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- anol subsequent to its collection. feree.
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(ii) The proposed transferee will pro- aldehyde; Isobutyl Alcohol; Lead; Mer- vide to EPA a written request to as- cury; Methanol; Methoxychlor; Methyl sume the rights and obligations under Chloride; Methyl Chloroformate; Meth- this section at least forty-five days yl Ethyl Ketone; Methyl Ethyl Ketone prior to the effective date of any such Peroxide; Methyl Isobutyl Ketone; transfer. The written request will de- Methyl Methacrylate; Methylene Bro- scribe the transferee’s financial and mide; Methylene Chloride; Naph- technical capability to assume the ob- thalene; Nickel; Nitrobenzene; ligations under this section, and will Nitroglycerine; p-Toluidine; Phenol; include a statement of the transferee’s Phthalic Anhydride; Polychlorinated intention to fully comply with the Biphenyls; Propargyl Alcohol; Pyri- terms of this section and to sign the dine; Safrole; Selenium; Silver; Sty- Final Project Agreement for this XL rene; Tetrachloroethylene; Tetrahydro- Project as an additional party. furan; Thallium; Toluene; Toluene 2,4 (iii) Within thirty days of receipt of Diisocyanate; Trichloroethylene; both the written notice and written re- Trichloroflouromethane; Vanadium; quest described in paragraphs (f)(7)(i) Vinyl Chloride; Warfarin; Xylene; Zinc. and (f)(7)(ii) of this section, EPA will (g) This section applies only to the determine, based on all relevant infor- facility commonly referred to as the mation, whether to approve a transfer OSi Specialties Plant, located on State of rights and obligations under this Route 2, Sistersville, West Virginia section from OSi to a different owner. (‘‘Sistersville Plant’’). (8) The constituents to be identified (1)(i) No later than 18 months from by the Sistersville Plant pursuant to the date the Sistersville Plant receives paragraphs (f)(2)(vi)(C)(2)(ii) and written notification of revocation of (f)(2)(viii)(C)(5)(iii) of this section are: 1 the temporary deferral for the Naphthalenamine; 1,2,4 Sistersville Plant under paragraph (f) Trichlorobenzene; 1,1 Dichloroethylene; of this section, the Sistersville Plant 1,1,1 Trichloroethane; 1,1,1,2 shall, in accordance with the imple- Tetrachloroethane; 1,1,2 Trichloro 1,2,2 mentation schedule submitted to EPA Triflouroethane; 1,1,2 Trichloroethane; under paragraph (g)(1)(ii) of this sec- 1,1,2,2 Tetrachloroethane; 1,2 tion, either come into compliance with Dichlorobenzene; 1,2 Dichloroethane; all requirements of this subpart which 1,2 Dichloropropane; 1,2 had been deferred by paragraph (f)(1)(i) Dichloropropanone; 1,2 of this section, or complete a facility Transdichloroethene; 1,2, Trans— or process modification such that the Dichloroethene; 1,2,4,5 requirements of § 264.1085 are no longer Tetrachlorobenzine; 1,3 applicable to the two hazardous waste 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
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record an implementation schedule. applicable standards of this subpart; The implementation schedule shall initiation of operation of the control demonstrate that within 18 months equipment; and compliance with all from the date the Sistersville Plant re- regulatory requirements that had been ceives written notification of revoca- deferred by paragraph (f)(1)(i) of this tion under paragraph (f)(3)(iv) of this section. section (but no later than the MON (B) Specific calendar dates for the Compliance Date), the Sistersville purchase, installation, performance Plant shall either come into compli- testing and initiation of operation of ance with the regulatory requirements equipment to accomplish a facility or that had been deferred by paragraph process modification such that the re- (f)(1)(i) of this section, or complete a quirements of § 264.1085 are no longer facility or process modification such applicable to the two hazardous waste that the requirements of § 264.1085 are surface impoundments. no longer applicable to the two haz- (2) Nothing in paragraphs (f) or (g) of ardous waste surface impoundments. this section shall affect any regulatory Within 30 days from the date the requirements not referenced in para- Sistersville Plant receives written no- graph (f)(2)(i) or (ii) of this section, as tification of revocation under para- applicable to the Sistersville Plant. graph (f)(3)(iv) of this section, the (3) In the event that a notification of Sistersville Plant shall submit a copy revocation is issued pursuant to para- of the implementation schedule to the graph (f)(3)(iv) of this section, the re- EPA and WVDEP Project XL contacts quirements referenced in paragraphs identified in paragraph (f)(2)(viii)(H) of (f)(1)(iii) and (f)(1)(iv) of this section this section. The implementation are temporarily deferred, with respect schedule shall reflect the Sistersville to the two hazardous waste surface im- Plant’s effort to come into compliance poundments, provided that the as soon as practicable (but no later Sistersville Plant is in compliance than 18 months after the date the with the requirements of paragraphs Sistersville Plant receives written no- (f)(2)(ii), (f)(2)(iii), (f)(2)(iv), (f)(2)(v), tification of revocation, or the MON (f)(2)(vi) and (g) of this section, except Compliance Date, whichever is sooner) as provided under paragraph (g)(4) of with all regulatory requirements that this section. The temporary deferral of had been deferred under paragraph the previous sentence shall be effective (f)(1)(i) of this section, or to complete a beginning on the date the Sistersville facility or process modification as soon Plant receives written notification of as practicable (but no later than 18 revocation, and subject to paragraph months after the date the Sistersville (g)(5) of this section, shall continue to Plant receives written notification of be effective for a maximum period of 18 revocation, or the MON Compliance months from that date, provided that Date, whichever is sooner) such that the Sistersville Plant is in compliance the requirements of § 264.1085 are no with the requirements of paragraphs longer applicable to the two hazardous (f)(2)(ii), (f)(2)(iii), (f)(2)(iv), (f)(2)(v), waste surface impoundments. (f)(2)(vi) and (g) of this section at all (iii) The implementation schedule times during that 18-month period. shall include the information described (4) In the event that a notification of in either paragraph (g)(1)(iii)(A) or (B) revocation is issued pursuant to para- of this section. graph (f)(3)(iv) of this section as a re- (A) Specific calendar dates for: sult of the permanent removal of the Award of contracts or issuance of pur- capper unit from methyl capped chase orders for the control equipment polyether production service, the re- required by those regulatory require- quirements referenced in paragraphs ments that had been deferred by para- (f)(1)(iii) and (f)(1)(iv) of this section graph (f)(1)(i) of this section; initiation are temporarily deferred, with respect of on-site installation of such control to the two hazardous waste surface im- equipment; completion of the control poundments, provided that the equipment installation; performance of Sistersville Plant is in compliance any testing to demonstrate that the in- with the requirements of paragraphs stalled control equipment meets the (f)(2)(vi), and (g) of this section. The
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temporary deferral of the previous sen- § 264.1083(a) of this subpart. The owner tence shall be effective beginning on or operator shall review and update, as the date the Sistersville Plant receives necessary, this determination at least written notification of revocation, and once every 12 months following the subject to paragraph (g)(5) of this sec- date of the initial determination for tion, shall continue to be effective for the hazardous waste streams entering a maximum period of 18 months from the unit. that date, provided that the (2) A tank, surface impoundment, or Sistersville Plant is in compliance container for which the organic con- with the requirements of paragraphs tent of all the hazardous waste enter- (f)(2)(vi) and (g) of this section at all ing the waste management unit has times during that 18-month period. been reduced by an organic destruction (5) In no event shall the temporary or removal process that achieves any deferral provided under paragraph one of the following conditions: (g)(3) or (g)(4) of this section be effec- (i) A process that removes or de- tive after the MON Compliance Date. stroys the organics contained in the hazardous waste to a level such that [59 FR 62927, Dec. 6, 1994, as amended at 60 FR 26828, May 19, 1995; 60 FR 50428, Sept. 29, the average VO concentration of the 1995; 60 FR 56953, Nov. 13, 1995; 61 FR 28509, hazardous waste at the point of waste June 5, 1996; 61 FR 59952, Nov. 25, 1996; 62 FR treatment is less than the exit con- 52642, Oct. 8, 1997; 62 FR 64658, Dec. 8, 1997; 63 centration limit (Ct) established for the FR 11131, Mar. 6, 1998; 63 FR 19838, Apr. 22, process. The average VO concentration 1998; 63 FR 49392, Sept. 15, 1998; 63 FR 53847, of the hazardous waste at the point of Oct. 7, 1998; 64 FR 3389, Jan. 21, 1999] waste treatment and the exit con- centration limit for the process shall § 264.1081 Definitions. be determined using the procedures As used in this subpart, all terms specified in § 264.1083(b) of this subpart. shall have the meaning given to them (ii) A process that removes or de- in 40 CFR 265.1081, the Act, and parts stroys the organics contained in the 260 through 266 of this chapter. hazardous waste to a level such that the organic reduction efficiency (R) for § 264.1082 Standards: General. the process is equal to or greater than (a) This section applies to the man- 95 percent, and the average VO con- agement of hazardous waste in tanks, centration of the hazardous waste at surface impoundments, and containers the point of waste treatment is less subject to this subpart. than 100 ppmw. The organic reduction (b) The owner or operator shall con- efficiency for the process and the aver- trol air pollutant emissions from each age VO concentration of the hazardous hazardous waste management unit in waste at the point of waste treatment accordance with standards specified in shall be determined using the proce- §§ 264.1084 through 264.1087 of this sub- dures specified in § 264.1083(b) of this part, as applicable to the hazardous subpart. waste management unit, except as pro- (iii) A process that removes or de- vided for in paragraph (c) of this sec- stroys the organics contained in the tion. hazardous waste to a level such that (c) A tank, surface impoundment, or the actual organic mass removal rate container is exempt from standards (MR) for the process is equal to or specified in § 264.1084 through § 264.1087 greater than the required organic mass of this subpart, as applicable, provided removal rate (RMR) established for the that the waste management unit is one process. The required organic mass re- of the following: moval rate and the actual organic mass (1) A tank, surface impoundment, or removal rate for the process shall be container for which all hazardous determined using the procedures speci- waste entering the unit has an average fied in § 264.1083(b) of this subpart. VO concentration at the point of waste (iv) A biological process that de- origination of less than 500 parts per stroys or degrades the organics con- million by weight (ppmw). The average tained in the hazardous waste, such VO concentration shall be determined that either of the following conditions using the procedures specified in is met:
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(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 (Rbio) for the determined using the procedures speci- process is equal to or greater than 95 fied in § 264.1083(b) of this subpart. percent. The organic reduction effi- (vi) A process that removes or de- ciency and the organic biodegradation stroys the organics contained in the efficiency for the process shall be de- hazardous waste to a level such that termined using the procedures speci- the organic reduction efficiency (R) for fied in § 264.1083(b) of this subpart. the process is equal to or greater than (B) The total actual organic mass 95 percent and the owner or operator biodegradation rate (MRbio) for all haz- certifies that the average VO con- ardous waste treated by the process is centration at the point of waste origi- equal to or greater than the required nation for each of the individual waste organic mass removal rate (RMR). The streams entering the process is less required organic mass removal rate than 10,000 ppmw. The organic reduc- and the actual organic mass bio- tion efficiency for the process and the degradation rate for the process shall average VO concentration of the haz- be determined using the procedures ardous waste at the point of waste specified in § 264.1083(b) of this subpart. origination shall be determined using (v) A process that removes or de- the procedures specified in § 264.1083(b) stroys the organics contained in the and § 264.1083(a) of this subpart, respec- hazardous waste and meets all of the tively. following conditions: (vii) A hazardous waste incinerator (A) From the point of waste origina- for which the owner or operator has ei- tion through the point where the haz- ther: ardous waste enters the treatment (A) Been issued a final permit under process, the hazardous waste is man- 40 CFR part 270 which implements the aged continuously in waste manage- requirements of subpart O of this part; ment units which use air emission con- or trols in accordance with the standards (B) Has designed and operates the in- specified in § 264.1084 through § 264.1087 cinerator in accordance with the in- of this subpart, as applicable to the terim status requirements of 40 CFR waste management unit. part 265, subpart O. (B) From the point of waste origina- (viii) A boiler or industrial furnace tion through the point where the haz- for which the owner or operator has ei- ardous waste enters the treatment ther: process, any transfer of the hazardous (A) Been issued a final permit under waste is accomplished through contin- 40 CFR part 270 which implements the uous hard-piping or other closed sys- requirements of 40 CFR part 266, sub- tem transfer that does not allow expo- part H, or sure of the waste to the atmosphere. (B) Has designed and operates the The EPA considers a drain system that boiler or industrial furnace in accord- meets the requirements of 40 CFR part ance with the interim status require- 63, subpart RR—National Emission ments of 40 CFR part 266, subpart H. Standards for Individual Drain Sys- (ix) For the purpose of determining tems to be a closed system. the performance of an organic destruc- (C) The average VO concentration of tion or removal process in accordance the hazardous waste at the point of with the conditions in each of para- waste treatment is less than the lowest graphs (c)(2)(i) through (c)(2)(vi) of this average VO concentration at the point section, the owner or operator shall ac- of waste origination determined for count for VO concentrations deter- each of the individual waste streams mined to be below the limit of detec- entering the process or 500 ppmw, tion of the analytical method by using whichever value is lower. The average the following VO concentration: VO concentration of each individual (A) If Method 25D in 40 CFR part 60, waste stream at the point of waste appendix A is used for the analysis, origination shall be determined using one-half the blank value determined in the procedures specified in § 264.1083(a) the method at section 4.4 of Method
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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 x closure as specified in Section 5.0 to ¥6 3 10 atmospheres/gram-mole/m ] at 25 ‘‘Procedure T—Criteria for and degrees 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 this section. the owner or operator perform a waste (4) A tank, surface impoundment, or determination for a hazardous waste container for which all hazardous managed in a tank, surface impound- waste placed in the unit either: ment, or container exempted from (i) Meets the numerical concentra- using air emission controls under the tion limits for organic hazardous con- provisions of this section as follows: stituents, applicable to the hazardous (1) The waste determination for aver- waste, as specified in 40 CFR part 268— age VO concentration of a hazardous Land Disposal Restrictions under Table waste at the point of waste origination ‘‘Treatment Standards for Hazardous shall be performed using direct meas- Waste’’ in 40 CFR 268.40; or urement in accordance with the appli- (ii) The organic hazardous constitu- cable requirements of § 264.1083(a) of ents in the waste have been treated by this subpart. The waste determination the treatment technology established for a hazardous waste at the point of by the EPA for the waste in 40 CFR waste treatment shall be performed in 268.42(a), or have been removed or de- accordance with the applicable require- stroyed by an equivalent method of ments of § 264.1083(b) of this subpart. treatment approved by EPA pursuant (2) In performing a waste determina- to 40 CFR 268.42(b). tion pursuant to paragraph (d)(1) of (5) A tank used for bulk feed of haz- this section, the sample preparation ardous waste to a waste incinerator and analysis shall be conducted as fol- and all of the following conditions are lows: met: (i) In accordance with the method (i) The tank is located inside an en- used by the owner or operator to per- closure vented to a control device that form the waste analysis, except in the is designed and operated in accordance case specified in paragraph (d)(2)(ii) of with all applicable requirements speci- this section. fied under 40 CFR part 61, subpart FF— National Emission Standards for Ben- (ii) If the Regional Administrator de- zene Waste Operations for a facility at termines that the method used by the which the total annual benzene quan- owner or operator was not appropriate tity from the facility waste is equal to for the hazardous waste managed in or greater than 10 megagrams per year; the tank, surface impoundment, or (ii) The enclosure and control device container, then the Regional Adminis- serving the tank were installed and trator may choose an appropriate began operation prior to November 25, method. 1996 and (3) In a case when the owner or oper- (iii) The enclosure is designed and op- ator is requested to perform the waste erated in accordance with the criteria determination, the Regional Adminis- for a permanent total enclosure as trator may elect to have an authorized specified in ‘‘Procedure T—Criteria for representative observe the collection of and Verification of a Permanent or the hazardous waste samples used for Temporary Total Enclosure’’ under 40 the analysis. 378
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(4) In a case when the results of the accordance with the requirements of waste determination performed or re- § 264.1083(a) and § 264.1089 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 (d)(1) of this section shall be used to es- [61 FR 59953, Nov. 25, 1996, as amended at 62 FR 64658, Dec. 8, 1997] tablish compliance with the require- ments of this subpart. § 264.1083 Waste determination proce- (5) In a case when the owner or oper- dures. ator has used an averaging period greater than 1 hour for determining the (a) Waste determination procedure to average VO concentration of a haz- determine average volatile organic ardous waste at the point of waste (VO) concentration of a hazardous origination, the Regional Adminis- waste at the point of waste origination. trator may elect to establish compli- (1) An owner or operator shall deter- ance with this subpart by performing mine the average VO concentration at or requesting that the owner or oper- the point of waste origination for each ator perform a waste determination hazardous waste placed in a waste using direct measurement based on management unit exempted under the waste samples collected within a 1- provisions of § 264.1082(c)(1) of this sub- hour period as follows: part from using air emission controls (i) The average VO concentration of in accordance with standards specified the hazardous waste at the point of in § 264.1084 through § 264.1087 of this waste origination shall be determined subpart, as applicable to the waste by direct measurement in accordance management unit. with the requirements of § 264.1083(a) of (i) An initial determination of the this subpart. average VO concentration of the waste (ii) Results of the waste determina- stream shall be made before the first tion performed or requested by the Re- time any portion of the material in the gional Administrator showing that the hazardous waste stream is placed in a average VO concentration of the haz- waste management unit exempted ardous waste at the point of waste under the provisions of § 264.1082(c)(1) of origination is equal to or greater than this subpart from using air emission 500 ppmw shall constitute noncompli- controls, and thereafter an initial de- ance with this subpart except in a case termination of the average VO con- as provided for in paragraph (d)(5)(iii) centration of the waste stream shall be of this section. made for each averaging period that a (iii) For the case when the average hazardous waste is managed in the VO concentration of the hazardous unit; and waste at the point of waste origination (ii) Perform a new waste determina- previously has been determined by the tion whenever changes to the source owner or operator using an averaging generating the waste stream are rea- period greater than 1 hour to be less sonably likely to cause the average VO than 500 ppmw but because of normal concentration of the hazardous waste operating process variations the VO to increase to a level that is equal to or concentration of the hazardous waste greater than the applicable VO con- determined by direct measurement for centration limits specified in § 264.1082 any given 1-hour period may be equal of this subpart. to or greater than 500 ppmw, informa- (2) For a waste determination that is tion that was used by the owner or op- required by paragraph (a)(1) of this sec- erator to determine the average VO tion, the average VO concentration of a concentration of the hazardous waste hazardous waste at the point of waste (e.g., test results, measurements, cal- origination shall be determined in ac- culations, and other documentation) cordance with the procedures specified and recorded in the facility records in in 40 CFR 265.1084(a)(2) through (a)(4).
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(b) Waste determination procedures the procedures specified in 40 CFR for treated hazardous waste. 265.1084(d). (1) An owner or operator shall per- [61 FR 59954, Nov. 25, 1996, as amended at 62 form the applicable waste determina- FR 64658, Dec. 8, 1997; 64 FR 3389, Jan. 21, tions for each treated hazardous waste 1999] placed in waste management units ex- empted under the provisions of § 264.1084 Standards: Tanks. § 264.1082(c)(2)(i) through (c)(2)(vi) of (a) The provisions of this section this subpart from using air emission apply to the control of air pollutant controls in accordance with standards emissions from tanks for which specified in §§ 264.1084 through 264.1087 § 264.1082(b) of this subpart references of this subpart, as applicable to the the use of this section for such air waste management unit. emission control. (i) An initial determination of the (b) The owner or operator shall con- average VO concentration of the waste trol air pollutant emissions from each tank subject to this section in accord- stream shall be made before the first ance with the following requirements time any portion of the material in the as applicable: treated waste stream is placed in the (1) For a tank that manages haz- exempt waste management unit, and ardous waste that meets all of the con- thereafter update the information used ditions specified in paragraphs (b)(1)(i) for the waste determination at least through (b)(1)(iii) of this section, the once every 12 months following the owner or operator shall control air pol- date of the initial waste determination; lutant emissions from the tank in ac- and cordance with the Tank Level 1 con- (ii) Perform a new waste determina- trols specified in paragraph (c) of this tion whenever changes to the process section or the Tank Level 2 controls generating or treating the waste specified in paragraph (d) of this sec- stream are reasonably likely to cause tion. the average VO concentration of the (i) The hazardous waste in the tank hazardous waste to increase to a level has a maximum organic vapor pressure such that the applicable treatment which is less than the maximum or- conditions specified in § 264.1082 (c)(2) of ganic vapor pressure limit for the this subpart are not achieved. tank’s design capacity category as fol- (2) The waste determination for a lows: treated hazardous waste shall be per- (A) For a tank design capacity equal formed in accordance with the proce- to or greater than 151 m3, the max- dures specified in 40 CFR 265.1084 (b)(2) imum organic vapor pressure limit for through (b)(9), as applicable to the the tank is 5.2 kPa. treated hazardous waste. (B) For a tank design capacity equal 3 (c) Procedure to determine the max- to or greater than 75 m but less than 3 imum organic vapor pressure of a haz- 151 m , the maximum organic vapor ardous waste in a tank. pressure limit for the tank is 27.6 kPa. (C) For a tank design capacity less (1) An owner or operator shall deter- than 75 m3, the maximum organic mine the maximum organic vapor pres- vapor pressure limit for the tank is 76.6 sure for each hazardous waste placed in kPa. a tank using Tank Level 1 controls in (ii) The hazardous waste in the tank accordance with standards specified in is not heated by the owner or operator § 264.1084(c) of this subpart. to a temperature that is greater than (2) The maximum organic vapor pres- the temperature at which the max- sure of the hazardous waste may be de- imum organic vapor pressure of the termined in accordance with the proce- hazardous waste is determined for the dures specified in 40 CFR 265.1084 (c)(2) purpose of complying with paragraph through (c)(4). (b)(1)(i) of this section. (d) The procedure for determining no (iii) The hazardous waste in the tank detectable organic emissions for the is not treated by the owner or operator purpose of complying with this subpart using a waste stabilization process, as shall be conducted in accordance with defined in 40 CFR 265.1081.
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(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. (1) The owner or operator shall deter- (1) During periods when it is nec- mine the maximum organic vapor pres- essary to provide access to the tank for sure for a hazardous waste to be man- performing the activities of paragraph aged in the tank using Tank Level 1 (c)(2)(iii)(B)(2) of this section, venting controls before the first time the haz- of the vapor headspace underneath the ardous waste is placed in the tank. The fixed roof to the control device is not maximum organic vapor pressure shall required, opening of closure devices is be determined using the procedures allowed, and removal of the fixed roof specified in § 264.1083(c) of this subpart. is allowed. Following completion of the Thereafter, the owner or operator shall activity, the owner or operator shall perform a new determination whenever promptly secure the closure device in changes to the hazardous waste man- the closed position or reinstall the aged in the tank could potentially cover, as applicable, and resume oper- cause the maximum organic vapor ation of the control device. pressure to increase to a level that is (2) During periods of routine inspec- equal to or greater than the maximum tion, maintenance, or other activities organic vapor pressure limit for the needed for normal operations, and for tank design capacity category specified removal of accumulated sludge or in paragraph (b)(1)(i) of this section, as other residues from the bottom of the applicable to the tank. tank. (2) The tank shall be equipped with a (iv) The fixed roof and its closure de- fixed roof designed to meet the fol- vices shall be made of suitable mate- lowing specifications: rials that will minimize exposure of the (i) The fixed roof and its closure de- hazardous waste to the atmosphere, to vices shall be designed to form a con- the extent practical, and will maintain tinuous barrier over the entire surface the integrity of the fixed roof and clo- area of the hazardous waste in the sure devices throughout their intended tank. The fixed roof may be a separate service life. Factors to be considered cover installed on the tank (e.g., a re- when selecting the materials for and movable cover mounted on an open-top designing the fixed roof and closure de- tank) or may be an integral part of the vices shall include: Organic vapor per- tank structural design (e.g., a hori- meability, the effects of any contact zontal cylindrical tank equipped with a with the hazardous waste or its vapors hatch). managed in the tank; the effects of
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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 40 CFR 265.1081, is allowed at (3) Whenever a hazardous waste is in any time conditions require doing so to the tank, the fixed roof shall be in- 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 the following times: (i) The fixed roof and its closure de- (A) To provide access to the tank for vices shall be visually inspected by the performing routine inspection, mainte- owner or operator to check for defects nance, or other activities needed for that could result in air pollutant emis- normal operations. Examples of such sions. Defects include, but are not lim- activities include those times when a ited to, visible cracks, holes, or gaps in worker needs to open a port to sample the roof sections or between the roof the liquid in the tank, or when a work- and the tank wall; broken, cracked, or er needs to open a hatch to maintain or otherwise damaged seals or gaskets on repair equipment. Following comple- closure devices; and broken or missing tion of the activity, the owner or oper- hatches, access covers, caps, or other ator shall promptly secure the closure closure devices. device in the closed position or re- (ii) The owner or operator shall per- install the cover, as applicable, to the form an initial inspection of the fixed tank. roof and its closure devices on or before (B) To remove accumulated sludge or the date that the tank becomes subject other residues from the bottom of to this section. Thereafter, the owner tank. or operator shall perform the inspec- (ii) Opening of a spring-loaded pres- tions at least once every year except sure-vacuum relief valve, conservation under the special conditions provided vent, or similar type of pressure relief for in paragraph (l) of this section. device which vents to the atmosphere is allowed during normal operations for (iii) In the event that a defect is de- the purpose of maintaining the tank tected, the owner or operator shall re- internal pressure in accordance with pair the defect in accordance with the the tank design specifications. The de- requirements of paragraph (k) of this vice shall be designed to operate with section. no detectable organic emissions when (iv) The owner or operator shall the device is secured in the closed posi- maintain a record of the inspection in tion. The settings at which the device accordance with the requirements spec- opens shall be established such that ified in § 264.1089(b) of this subpart. the device remains in the closed posi- (d) Owners and operators controlling tion whenever the tank internal pres- air pollutant emissions from a tank sure is within the internal pressure op- using Tank Level 2 controls shall use erating range determined by the owner one of the following tanks: or operator based on the tank manufac- (1) A fixed-roof tank equipped with turer recommendations, applicable reg- an internal floating roof in accordance ulations, fire protection and prevention with the requirements specified in codes, standard engineering codes and paragraph (e) of this section; practices, or other requirements for (2) A tank equipped with an external the safe handling of flammable, ignit- able, explosive, reactive, or hazardous floating roof in accordance with the re- materials. Examples of normal oper- quirements specified in paragraph (f) of ating conditions that may require this section; these devices to open are during those (3) A tank vented through a closed- times when the tank internal pressure vent system to a control device in ac- exceeds the internal pressure operating cordance with the requirements speci- range for the tank as a result of load- fied in paragraph (g) of this section;
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(4) A pressure tank designed and op- (E) Each penetration of the internal erated in accordance with the require- floating roof that allows for passage of ments specified in paragraph (h) of this a ladder shall have a gasketed sliding section; or cover. (5) A tank located inside an enclosure (F) Each penetration of the internal that is vented through a closed-vent floating roof that allows for passage of system to an enclosed combustion con- a column supporting the fixed roof trol device in accordance with the re- shall have a flexible fabric sleeve seal quirements specified in paragraph (i) of or a gasketed sliding cover. this section. (2) The owner or operator shall oper- (e) The owner or operator who con- ate the tank in accordance with the trols air pollutant emissions from a following requirements: tank using a fixed roof with an internal (i) When the floating roof is resting floating roof shall meet the require- on the leg supports, the process of fill- ments specified in paragraphs (e)(1) ing, emptying, or refilling shall be con- through (e)(3) of this section. tinuous and shall be completed as soon (1) The tank shall be equipped with a as practical. fixed roof and an internal floating roof (ii) Automatic bleeder vents are to be in accordance with the following re- set closed at all times when the roof is quirements: floating, except when the roof is being (i) The internal floating roof shall be floated off or is being landed on the leg designed to float on the liquid surface supports. except when the floating roof must be (iii) Prior to filling the tank, each supported by the leg supports. cover, access hatch, gauge float well or (ii) The internal floating roof shall be lid on any opening in the internal equipped with a continuous seal be- floating roof shall be bolted or fastened tween the wall of the tank and the closed (i.e., no visible gaps). Rim space floating roof edge that meets either of vents are to be set to open only when the following requirements: the internal floating roof is not float- (A) A single continuous seal that is ing or when the pressure beneath the either a liquid-mounted seal or a me- rim exceeds the manufacturer’s rec- tallic shoe seal, as defined in 40 CFR ommended setting. 265.1081; or (3) The owner or operator shall in- (B) Two continuous seals mounted spect the internal floating roof in ac- one above the other. The lower seal cordance with the procedures specified may be a vapor-mounted seal. as follows: (iii) The internal floating roof shall (i) The floating roof and its closure meet the following specifications: devices shall be visually inspected by (A) Each opening in a noncontact in- the owner or operator to check for de- ternal floating roof except for auto- fects that could result in air pollutant matic bleeder vents (vacuum breaker emissions. Defects include, but are not vents) and the rim space vents is to limited to: The internal floating roof is provide a projection below the liquid not floating on the surface of the liquid surface. inside the tank; liquid has accumulated (B) Each opening in the internal on top of the internal floating roof; any floating roof shall be equipped with a portion of the roof seals have detached gasketed cover or a gasketed lid except from the roof rim; holes, tears, or other for leg sleeves, automatic bleeder openings are visible in the seal fabric; vents, rim space vents, column wells, the gaskets no longer close off the haz- ladder wells, sample wells, and stub ardous waste surface from the atmos- drains. phere; or the slotted membrane has (C) Each penetration of the internal more than 10 percent open area. floating roof for the purpose of sam- (ii) The owner or operator shall in- pling shall have a slit fabric cover that spect the internal floating roof compo- covers at least 90 percent of the open- nents as follows except as provided in ing. paragraph (e)(3)(iii) of this section: (D) Each automatic bleeder vent and (A) Visually inspect the internal rim space vent shall be gasketed. floating roof components through
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openings on the fixed-roof (e.g., man- at least 7 calendar days before refilling holes and roof hatches) at least once the tank. every 12 months after initial fill, and (v) In the event that a defect is de- (B) Visually inspect the internal tected, the owner or operator shall re- floating roof, primary seal, secondary pair the defect in accordance with the seal (if one is in service), gaskets, slot- requirements of paragraph (k) of this ted membranes, and sleeve seals (if section. any) each time the tank is emptied and (vi) The owner or operator shall degassed and at least every 10 years. maintain a record of the inspection in (iii) As an alternative to performing accordance with the requirements spec- the inspections specified in paragraph ified in § 264.1089(b) of this subpart. (e)(3)(ii) of this section for an internal (4) Safety devices, as defined in 40 floating roof equipped with two contin- CFR 265.1081, may be installed and op- uous seals mounted one above the erated as necessary on any tank com- other, the owner or operator may vis- plying with the requirements of para- ually inspect the internal floating roof, graph (e) of this section. primary and secondary seals, gaskets, (f) The owner or operator who con- slotted membranes, and sleeve seals (if trols air pollutant emissions from a any) each time the tank is emptied and tank using an external floating roof degassed and at least every 5 years. shall meet the requirements specified 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. Regional Administrator of the date and (ii) The floating roof shall be location of the inspection as follows: equipped with two continuous seals, (A) Prior to each visual inspection of one above the other, between the wall an internal floating roof in a tank that of the tank and the roof edge. The has been emptied and degassed, written lower seal is referred to as the primary notification shall be prepared and sent seal, and the upper seal is referred to by the owner or operator so that it is as the secondary seal. received by the Regional Adminis- (A) The primary seal shall be a liq- trator at least 30 calendar days before uid-mounted seal or a metallic shoe refilling the tank except when an in- seal, as defined in 40 CFR 265.1081. The spection is not planned as provided for total area of the gaps between the tank in paragraph (e)(3)(iv)(B) of this sec- wall and the primary seal shall not ex- tion. ceed 212 square centimeters (cm2) per (B) When a visual inspection is not meter of tank diameter, and the width planned and the owner or operator of any portion of these gaps shall not could not have known about the in- exceed 3.8 centimeters (cm). If a metal- spection 30 calendar days before refill- lic shoe seal is used for the primary ing the tank, the owner or operator seal, the metallic shoe seal shall be de- shall notify the Regional Adminis- signed so that one end extends into the trator as soon as possible, but no later liquid in the tank and the other end ex- than 7 calendar days before refilling of tends a vertical distance of at least 61 the tank. This notification may be centimeters above the liquid surface. made by telephone and immediately (B) The secondary seal shall be followed by a written explanation for mounted above the primary seal and why the inspection is unplanned. Alter- cover the annular space between the natively, written notification, includ- floating roof and the wall of the tank. ing the explanation for the unplanned The total area of the gaps between the inspection, may be sent so that it is re- tank wall and the secondary seal shall ceived by the Regional Administrator not exceed 21.2 square centimeters
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(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 (F) Each unslotted and slotted guide in a continuous fashion except during pole well shall be equipped with a inspections. gasketed sliding cover or a flexible fab- (3) The owner or operator shall in- ric sleeve seal. spect the external floating roof in ac- (G) Each unslotted guide pole shall cordance with the procedures specified be equipped with a gasketed cap on the as follows: end of the pole. (i) The owner or operator shall meas- (H) Each slotted guide pole shall be ure the external floating roof seal gaps equipped with a gasketed float or other in accordance with the following re- device which closes off the liquid sur- quirements: face from the atmosphere. (A) The owner or operator shall per- (I) Each gauge hatch and each sample form measurements of gaps between well shall be equipped with a gasketed the tank wall and the primary seal cover. within 60 calendar days after initial op- (2) The owner or operator shall oper- eration of the tank following installa- ate the tank in accordance with the tion of the floating roof and, there- following requirements: after, at least once every 5 years. (i) When the floating roof is resting (B) The owner or operator shall per- on the leg supports, the process of fill- form measurements of gaps between ing, emptying, or refilling shall be con- the tank wall and the secondary seal tinuous and shall be completed as soon within 60 calendar days after initial op- as practical. eration of the tank following installa- (ii) Except for automatic bleeder tion of the floating roof and, there- vents, rim space vents, roof drains, and after, at least once every year. leg sleeves, each opening in the roof (C) If a tank ceases to hold hazardous shall be secured and maintained in a waste for a period of 1 year or more, closed position at all times except subsequent introduction of hazardous when the closure device must be open waste into the tank shall be considered for access. an initial operation for the purposes of
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paragraphs (f)(3)(i)(A) and (f)(3)(i)(B) of emissions. Defects include, but are not this section. limited to: Holes, tears, or other open- (D) The owner or operator shall de- ings in the rim seal or seal fabric of the termine the total surface area of gaps floating roof; a rim seal detached from in the primary seal and in the sec- the floating roof; all or a portion of the ondary seal individually using the fol- floating roof deck being submerged lowing procedure: below the surface of the liquid in the (1) The seal gap measurements shall tank; broken, cracked, or otherwise be performed at one or more floating damaged seals or gaskets on closure de- roof levels when the roof is floating off vices; and broken or missing hatches, the roof supports. access covers, caps, or other closure de- (2) Seal gaps, if any, shall be meas- vices. ured around the entire perimeter of the (B) The owner or operator shall per- floating roof in each place where a 0.32- form an initial inspection of the exter- centimeter (cm) diameter uniform nal floating roof and its closure devices probe passes freely (without forcing or on or before the date that the tank be- binding against the seal) between the comes subject to this section. There- seal and the wall of the tank and meas- after, the owner or operator shall per- ure the circumferential distance of form the inspections at least once each such location. every year except for the special condi- (3) For a seal gap measured under tions provided for in paragraph (l) of paragraph (f)(3) of this section, the gap this section. surface area shall be determined by (C) In the event that a defect is de- using probes of various widths to meas- tected, the owner or operator shall re- ure accurately the actual distance pair the defect in accordance with the from the tank wall to the seal and mul- requirements of paragraph (k) of this tiplying each such width by its respec- section. tive circumferential distance. (D) The owner or operator shall (4) The total gap area shall be cal- maintain a record of the inspection in culated by adding the gap surface areas accordance with the requirements spec- determined for each identified gap lo- ified in § 264.1089(b) of this subpart. cation for the primary seal and the sec- (iii) Prior to each inspection required ondary seal individually, and then di- by paragraph (f)(3)(i) or (f)(3)(ii) of this viding the sum for each seal type by section, the owner or operator shall no- the nominal diameter of the tank. tify the Regional Administrator in ad- These total gap areas for the primary vance of each inspection to provide the seal and secondary seal are then com- Regional Administrator with the op- pared to the respective standards for portunity to have an observer present the seal type as specified in paragraph during the inspection. The owner or op- (f)(1)(ii) of this section. erator shall notify the Regional Ad- (E) In the event that the seal gap ministrator of the date and location of measurements do not conform to the the inspection as follows: specifications in paragraph (f)(1)(ii) of (A) Prior to each inspection to meas- this section, the owner or operator ure external floating roof seal gaps as shall repair the defect in accordance required under paragraph (f)(3)(i) of with the requirements of paragraph (k) this section, written notification shall of this section. be prepared and sent by the owner or (F) The owner or operator shall operator so that it is received by the maintain a record of the inspection in Regional Administrator at least 30 cal- accordance with the requirements spec- endar days before the date the meas- ified in § 264.1089(b) of this subpart. urements are scheduled to be per- (ii) The owner or operator shall vis- formed. ually inspect the external floating roof (B) Prior to each visual inspection of in accordance with the following re- an external floating roof in a tank that quirements: has been emptied and degassed, written (A) The floating roof and its closure notification shall be prepared and sent devices shall be visually inspected by by the owner or operator so that it is the owner or operator to check for de- received by the Regional Adminis- fects that could result in air pollutant trator at least 30 calendar days before
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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 § 264.1087 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 tank by venting the tank to a control vapor headspace underneath the fixed device shall meet the requirements roof vented to the control device ex- specified in paragraphs (g)(1) through cept as follows: (g)(3) of this section. (i) Venting to the control device is (1) The tank shall be covered by a not required, and opening of closure de- fixed roof and vented directly through vices or removal of the fixed roof is al- a closed-vent system to a control de- lowed at the following times: vice in accordance with the following (A) To provide access to the tank for requirements: performing routine inspection, mainte- (i) The fixed roof and its closure de- nance, or other activities needed for vices shall be designed to form a con- normal operations. Examples of such tinuous barrier over the entire surface activities include those times when a area of the liquid in the tank. worker needs to open a port to sample (ii) Each opening in the fixed roof not liquid in the tank, or when a worker vented to the control device shall be needs to open a hatch to maintain or equipped with a closure device. If the repair equipment. Following comple- pressure in the vapor headspace under- tion of the activity, the owner or oper- neath the fixed roof is less than atmos- ator shall promptly secure the closure pheric pressure when the control device device in the closed position or re- is operating, the closure devices shall install the cover, as applicable, to the be designed to operate such that when tank. the closure device is secured in the (B) To remove accumulated sludge or closed position there are no visible other residues from the bottom of a cracks, holes, gaps, or other open tank. spaces in the closure device or between (ii) Opening of a safety device, as de- the perimeter of the cover opening and fined in 40 CFR 265.1081, is allowed at the closure device. If the pressure in any time conditions require doing so to the vapor headspace underneath the avoid an unsafe condition. fixed roof is equal to or greater than (3) The owner or operator shall in- atmospheric pressure when the control spect and monitor the air emission
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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 § 264.1087 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 § 264.1087 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 Enclosure’’ spections at least once every year ex- under 40 CFR 52.741, appendix B. The cept for the special conditions provided enclosure may have permanent or tem- for in paragraph (l) of this section. porary openings to allow worker ac- (iv) In the event that a defect is de- cess; passage of material into or out of tected, the owner or operator shall re- the enclosure by conveyor, vehicles, or pair the defect in accordance with the other mechanical means; entry of per- requirements of paragraph (k) of this manent mechanical or electrical equip- section. ment; or direct airflow into the enclo- (v) The owner or operator shall main- sure. The owner or operator shall per- tain a record of the inspection in ac- form the verification procedure for the cordance with the requirements speci- enclosure as specified in Section 5.0 to fied in § 264.1089(b) of this subpart. ‘‘Procedure T—Criteria for and (h) The owner or operator who con- Verification of a Permanent or Tem- trols air pollutant emissions by using a porary Total Enclosure’’ initially when pressure tank shall meet the following the enclosure is first installed and, requirements. thereafter, annually. (1) The tank shall be designed not to (2) The enclosure shall be vented vent to the atmosphere as a result of through a closed-vent system to an en- compression of the vapor headspace in closed combustion control device that the tank during filling of the tank to is designed and operated in accordance its design capacity. with the standards for either a vapor (2) All tank openings shall be incinerator, boiler, or process heater equipped with closure devices designed specified in § 264.1087 of this subpart. to operate with no detectable organic (3) Safety devices, as defined in 40 emissions as determined using the pro- CFR 265.1081, may be installed and op- cedure specified in § 264.1083(d) of this erated as necessary on any enclosure, subpart. closed-vent system, or control device (3) Whenever a hazardous waste is in used to comply with the requirements the tank, the tank shall be operated as of paragraphs (i)(1) and (i)(2) of this a closed system that does not vent to section. the atmosphere except under either or (4) The owner or operator shall in- the following conditions as specified in spect and monitor the closed-vent sys- paragraph (h)(3)(i) or (h)(3)(ii) of this tem and control device as specified in section. § 264.1087 of this subpart.
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(j) The owner or operator shall trans- shall repair the defect the next time fer hazardous waste to a tank subject the process or unit that is generating to this section in accordance with the the hazardous waste managed in the following requirements: tank stops operation. Repair of the de- (1) Transfer of hazardous waste, ex- fect shall be completed before the proc- cept as provided in paragraph (j)(2) of ess or unit resumes operation. this section, to the tank from another (l) Following the initial inspection tank subject to this section or from a and monitoring of the cover as required surface impoundment subject to by the applicable provisions of this § 264.1085 of this subpart shall be con- subpart, subsequent inspection and ducted using continuous hard-piping or monitoring may be performed at inter- another closed system that does not vals longer than 1 year under the fol- allow exposure of the hazardous waste lowing special conditions: to the atmosphere. For the purpose of (1) In the case when inspecting or complying with this provision, an indi- monitoring the cover would expose a vidual drain system is considered to be worker to dangerous, hazardous, or a closed system when it meets the re- other unsafe conditions, then the quirements of 40 CFR part 63, subpart owner or operator may designate a RR—National Emission Standards for cover as an ‘‘unsafe to inspect and mon- Individual Drain Systems. itor cover’’ and comply with all of the (2) The requirements of paragraph following requirements: (j)(1) of this section do not apply when (i) Prepare a written explanation for transferring a hazardous waste to the the cover stating the reasons why the tank under any of the following condi- cover is unsafe to visually inspect or to tions: monitor, if required. (i) The hazardous waste meets the av- (ii) Develop and implement a written erage VO concentration conditions plan and schedule to inspect and mon- specified in § 264.1082(c)(1) of this sub- itor the cover, using the procedures part at the point of waste origination. specified in the applicable section of (ii) The hazardous waste has been this subpart, as frequently as prac- treated by an organic destruction or ticable during those times when a removal process to meet the require- worker can safely access the cover. ments in § 264.1082(c)(2) of this subpart. (2) In the case when a tank is buried (iii) The hazardous waste meets the partially or entirely underground, an requirements of § 264.1082(c)(4) of this owner or operator is required to in- subpart. spect and monitor, as required by the (k) The owner or operator shall re- applicable provisions of this section, pair each defect detected during an in- only those portions of the tank cover spection performed in accordance with and those connections to the tank (e.g., the requirements of paragraph (c)(4), fill ports, access hatches, gauge wells, (e)(3), (f)(3), or (g)(3) of this section as etc.) that are located on or above the follows: ground surface. (1) The owner or operator shall make first efforts at repair of the defect no [61 FR 59955, Nov. 25, 1996, as amended at 62 later than 5 calendar days after detec- FR 64659, Dec. 8, 1997; 64 FR 3389, Jan. 21, tion, and repair shall be completed as 1999] soon as possible but no later than 45 calendar days after detection except as § 264.1085 Standards: Surface im- provided in paragraph (k)(2) of this sec- poundments. tion. (a) The provisions of this section (2) Repair of a defect may be delayed apply to the control of air pollutant beyond 45 calendar days if the owner or emissions from surface impoundments operator determines that repair of the for which § 264.1082(b) of this subpart defect requires emptying or temporary references the use of this section for removal from service of the tank and such air emission control. no alternative tank capacity is avail- (b) The owner or operator shall con- able at the site to accept the hazardous trol air pollutant emissions from the waste normally managed in the tank. surface impoundment by installing and In this case, the owner or operator operating either of the following:
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(1) A floating membrane cover in ac- membrane fabric cover that covers at cordance with the provisions specified least 90 percent of the area of the open- in paragraph (c) of this section; or ing or a flexible fabric sleeve seal. (2) A cover that is vented through a (vi) The closure devices shall be made closed-vent system to a control device of suitable materials that will mini- in accordance with the provisions spec- mize exposure of the hazardous waste ified in paragraph (d) of this section. to the atmosphere, to the extent prac- (c) The owner or operator who con- tical, and will maintain the integrity trols air pollutant emissions from a of the closure devices throughout their surface impoundment using a floating intended service life. Factors to be con- membrane cover shall meet the re- sidered when selecting the materials of quirements specified in paragraphs construction and designing the cover (c)(1) through (c)(3) of this section. and closure devices shall include: Or- (1) The surface impoundment shall be ganic vapor permeability; the effects of equipped with a floating membrane any contact with the liquid and its cover designed to meet the following vapor managed in the surface impound- specifications: ment; the effects of outdoor exposure (i) The floating membrane cover to wind, moisture, and sunlight; and shall be designed to float on the liquid the operating practices used for the surface during normal operations and surface impoundment on which the form a continuous barrier over the en- floating membrane cover is installed. tire surface area of the liquid. (2) Whenever a hazardous waste is in (ii) The cover shall be fabricated the surface impoundment, the floating from a synthetic membrane material membrane cover shall float on the liq- that is either: uid and each closure device shall be se- (A) High density polyethylene cured in the closed position except as (HDPE) with a thickness no less than follows: 2.5 millimeters (mm); or (i) Opening of closure devices or re- (B) A material or a composite of dif- moval of the cover is allowed at the ferent materials determined to have following times: both organic permeability properties (A) To provide access to the surface that are equivalent to those of the ma- impoundment for performing routine terial listed in paragraph (c)(1)(ii)(A) of inspection, maintenance, or other ac- this section and chemical and physical tivities needed for normal operations. properties that maintain the material Examples of such activities include integrity for the intended service life those times when a worker needs to of the material. open a port to sample the liquid in the (iii) The cover shall be installed in a surface impoundment, or when a work- manner such that there are no visible er needs to open a hatch to maintain or cracks, holes, gaps, or other open repair equipment. Following comple- spaces between cover section seams or tion of the activity, the owner or oper- between the interface of the cover edge ator shall promptly replace the cover and its foundation mountings. and secure the closure device in the (iv) Except as provided for in para- closed position, as applicable. graph (c)(1)(v) of this section, each (B) To remove accumulated sludge or opening in the floating membrane other residues from the bottom of sur- cover shall be equipped with a closure face impoundment. device designed to operate such that (ii) Opening of a safety device, as de- when the closure device is secured in fined in 40 CFR 265.1081, is allowed at the closed position there are no visible any time conditions require doing so to cracks, holes, gaps, or other open avoid an unsafe condition. spaces in the closure device or between (3) The owner or operator shall in- the perimeter of the cover opening and spect the floating membrane cover in the closure device. accordance with the following proce- (v) The floating membrane cover may dures: be equipped with one or more emer- (i) The floating membrane cover and gency cover drains for removal of its closure devices shall be visually in- stormwater. Each emergency cover spected by the owner or operator to drain shall be equipped with a slotted check for defects that could result in
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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 § 264.1083(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 or operator shall perform the inspec- life. Factors to be considered when se- tions at least once every year except lecting the materials of construction for the special conditions provided for and designing the cover and closure de- in paragraph (g) of this section. vices shall include: Organic vapor per- (iii) In the event that a defect is de- meability; the effects of any contact tected, the owner or operator shall re- with the liquid or its vapors managed pair the defect in accordance with the in the surface impoundment; the ef- requirements of paragraph (f) of this fects of outdoor exposure to wind, section. moisture, and sunlight; and the oper- (iv) The owner or operator shall ating practices used for the surface im- maintain a record of the inspection in poundment on which the cover is in- accordance with the requirements spec- stalled. ified in § 264.1089(c) of this subpart. (iv) The closed-vent system and con- (d) The owner or operator who con- trol device shall be designed and oper- trols air pollutant emissions from a ated in accordance with the require- surface impoundment using a cover ments of § 264.1087 of this subpart. vented to a control device shall meet (2) Whenever a hazardous waste is in the requirements specified in para- the surface impoundment, the cover graphs (d)(1) through (d)(3) of this sec- shall be installed with each closure de- tion. vice secured in the closed position and (1) The surface impoundment shall be the vapor headspace underneath the covered by a cover and vented directly cover vented to the control device ex- through a closed-vent system to a con- cept as follows: trol device in accordance with the fol- (i) Venting to the control device is lowing requirements: not required, and opening of closure de- (i) The cover and its closure devices shall be designed to form a continuous vices or removal of the cover is allowed barrier over the entire surface area of at the following times: the liquid in the surface impoundment. (A) To provide access to the surface (ii) Each opening in the cover not impoundment for performing routine vented to the control device shall be inspection, maintenance, or other ac- equipped with a closure device. If the tivities needed for normal operations. pressure in the vapor headspace under- Examples of such activities include neath the cover is less than atmos- those times when a worker needs to pheric pressure when the control device open a port to sample liquid in the sur- is operating, the closure devices shall face impoundment, or when a worker be designed to operate such that when needs to open a hatch to maintain or the closure device is secured in the repair equipment. Following comple- closed position there are no visible tion of the activity, the owner or oper- cracks, holes, gaps, or other open ator shall promptly secure the closure spaces in the closure device or between device in the closed position or re- the perimeter of the cover opening and install the cover, as applicable, to the the closure device. If the pressure in surface impoundment.
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(B) To remove accumulated sludge or tank subject to § 264.1084 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 40 CFR 265.1081, is allowed at waste to the atmosphere. For the pur- any time conditions require doing so to pose of complying with this provision, 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 § 264.1082(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 § 264.1082(c)(2) of this subpart. (ii) The closed-vent system and con- (iii) The hazardous waste meets the trol device shall be inspected and mon- requirements of § 264.1082(c)(4) of this itored by the owner or operator in ac- subpart. cordance with the procedures specified (f) The owner or operator shall repair in § 264.1087 of this subpart. each defect detected during an inspec- (iii) The owner or operator shall per- tion performed in accordance with the form an initial inspection of the air requirements of paragraph (c)(3) or emission control equipment on or be- (d)(3) of this section as follows: fore the date that the surface impound- (1) The owner or operator shall make ment becomes subject to this section. first efforts at repair of the defect no Thereafter, the owner or operator shall later than 5 calendar days after detec- perform the inspections at least once tion and repair shall be completed as every year except for the special condi- soon as possible but no later than 45 tions provided for in paragraph (g) of calendar days after detection except as this section. provided in paragraph (f)(2) of this sec- (iv) In the event that a defect is de- tion. tected, the owner or operator shall re- (2) Repair of a defect may be delayed pair the defect in accordance with the beyond 45 calendar days if the owner or requirements of paragraph (f) of this operator determines that repair of the section. defect requires emptying or temporary (v) The owner or operator shall main- removal from service of the surface im- tain a record of the inspection in ac- poundment and no alternative capacity cordance with the requirements speci- is available at the site to accept the fied in § 264.1089(c) of this subpart. hazardous waste normally managed in (e) The owner or operator shall trans- the surface impoundment. In this case, fer hazardous waste to a surface im- the owner or operator shall repair the poundment subject to this section in defect the next time the process or unit accordance with the following require- that is generating the hazardous waste ments: managed in the surface impoundment (1) Transfer of hazardous waste, ex- stops operation. Repair of the defect cept as provided in paragraph (e)(2) of shall be completed before the process this section, to the surface impound- or unit resumes operation. ment from another surface impound- (g) Following the initial inspection ment subject to this section or from a and monitoring of the cover as required
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by the applicable provisions of this (iii) For a container having a design subpart, subsequent inspection and capacity greater than 0.46 m3 that is in monitoring may be performed at inter- light material service, the owner or op- vals longer than 1 year in the case erator shall control air pollutant emis- when inspecting or monitoring the sions from the container in accordance cover would expose a worker to dan- with the Container Level 2 standards gerous, hazardous, or other unsafe con- specified in paragraph (d) of this sec- ditions. In this case, the owner or oper- tion. ator may designate the cover as an (2) When a container having a design ‘‘unsafe to inspect and monitor cover’’ capacity greater than 0.1 m3 is used for and comply with all of the following re- treatment of a hazardous waste by a quirements: (1) Prepare a written explanation for waste stabilization process, the owner the cover stating the reasons why the or operator shall control air pollutant cover is unsafe to visually inspect or to emissions from the container in ac- monitor, if required. cordance with the Container Level 3 (2) Develop and implement a written standards specified in paragraph (e) of plan and schedule to inspect and mon- this section at those times during the itor the cover using the procedures waste stabilization process when the specified in the applicable section of hazardous waste in the container is ex- this subpart as frequently as prac- posed to the atmosphere. ticable during those times when a (c) Container Level 1 standards. (1) A worker can safely access the cover. container using Container Level 1 con- [61 FR 59960, Nov. 25, 1996, as amended at 62 trols is one of the following: FR 64659, Dec. 8, 1997] (i) A container that meets the appli- cable U.S. Department of Transpor- § 264.1086 Standards: Containers. tation (DOT) regulations on packaging (a) The provisions of this section hazardous materials for transportation apply to the control of air pollutant as specified in paragraph (f) of this sec- emissions from containers for which tion. § 264.1082(b) of this subpart references (ii) A container equipped with a cover the use of this section for such air and closure devices that form a contin- emission control. uous barrier over the container open- (b) General requirements. (1) The ings such that when the cover and clo- owner or operator shall control air pol- sure devices are secured in the closed lutant emissions from each container position there are no visible holes, subject to this section in accordance gaps, or other open spaces into the in- with the following requirements, as ap- terior of the container. The cover may plicable to the container, except when be a separate cover installed on the the special provisions for waste sta- container (e.g., a lid on a drum or a bilization processes specified in para- suitably secured tarp on a roll-off box) graph (b)(2) of this section apply to the or may be an integral part of the con- container. tainer structural design (e.g., a port- (i) For a container having a design ‘‘ able tank or bulk cargo container capacity greater than 0.1 m3 and less ’’ equipped with a screw-type cap). than or equal to 0.46 m3, the owner or operator shall control air pollutant (iii) An open-top container in which emissions from the container in ac- an organic-vapor suppressing barrier is cordance with the Container Level 1 placed on or over the hazardous waste standards specified in paragraph (c) of in the container such that no haz- this section. ardous waste is exposed to the atmos- (ii) For a container having a design phere. One example of such a barrier is capacity greater than 0.46 m3 that is application of a suitable organic-vapor not in light material service, the owner suppressing foam. or operator shall control air pollutant (2) A container used to meet the re- emissions from the container in ac- quirements of paragraph (c)(1)(ii) or cordance with the Container Level 1 (c)(1)(iii) of this section shall be standards specified in paragraph (c) of equipped with covers and closure de- this section. vices, as applicable to the container,
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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 the container is in service. time (i.e., covers and closure devices Factors to be considered in selecting are not required to be secured in the the materials of construction and de- closed position on an empty container). signing the cover and closure devices (B) In the case when discrete quan- shall include: Organic vapor perme- tities or batches of material are re- ability; the effects of contact with the moved from the container but the con- hazardous waste or its vapor managed tainer does not meet the conditions to in the container; the effects of outdoor be an empty container as defined in 40 exposure of the closure device or cover CFR 261.7(b), the owner or operator material to wind, moisture, and sun- shall promptly secure the closure de- light; and the operating practices for vices in the closed position and install which the container is intended to be covers, as applicable to the container, used. 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 1 rial will be removed from the container controls, the owner or operator shall within 15 minutes or the person per- install all covers and closure devices forming the unloading operation leaves for the container, as applicable to the the immediate vicinity of the con- container, and secure and maintain tainer, whichever condition occurs each closure device in the closed posi- first. tion except as follows: (i) Opening of a closure device or (iii) Opening of a closure device or cover is allowed for the purpose of add- cover is allowed when access inside the ing hazardous waste or other material container is needed to perform routine to the container as follows: activities other than transfer of haz- (A) In the case when the container is ardous waste. Examples of such activi- filled to the intended final level in one ties include those times when a worker continuous operation, the owner or op- needs to open a port to measure the erator shall promptly secure the clo- depth of or sample the material in the sure devices in the closed position and container, or when a worker needs to install the covers, as applicable to the open a manhole hatch to access equip- container, upon conclusion of the fill- ment inside the container. Following ing operation. completion of the activity, the owner (B) In the case when discrete quan- or operator shall promptly secure the tities or batches of material intermit- closure device in the closed position or tently are added to the container over reinstall the cover, as applicable to the a period of time, the owner or operator container. shall promptly secure the closure de- (iv) Opening of a spring-loaded pres- vices in the closed position and install sure-vacuum relief valve, conservation covers, as applicable to the container, vent, or similar type of pressure relief upon either the container being filled device which vents to the atmosphere to the intended final level; the comple- is allowed during normal operations for tion of a batch loading after which no the purpose of maintaining the inter- additional material will be added to nal pressure of the container in accord- the container within 15 minutes; the ance with the container design speci- person performing the loading oper- fications. The device shall be designed ation leaving the immediate vicinity of to operate with no detectable organic the container; or the shutdown of the emissions when the device is secured in process generating the material being the closed position. The settings at added to the container, whichever con- which the device opens shall be estab- dition occurs first. lished such that the device remains in (ii) Opening of a closure device or the closed position whenever the inter- cover is allowed for the purpose of re- nal pressure of the container is within moving hazardous waste from the con- the internal pressure operating range tainer as follows: determined by the owner or operator
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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 40 CFR 265.1081, is allowed at (iii) When a defect is detected for the any time conditions require doing so to container, cover, or closure devices, 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 facility and the container is not hazardous waste until the defect is re- emptied within 24 hours after the con- paired. tainer is accepted at the facility (i.e., (5) The owner or operator shall main- does not meet the conditions for an tain at the facility a copy of the proce- empty container as specified in 40 CFR dure used to determine that containers 261.7(b)), the owner or operator shall with capacity of 0.46 m3 or greater, visually inspect the container and its which do not meet applicable DOT reg- cover and closure devices to check for ulations as specified in paragraph (f) of visible cracks, holes, gaps, or other this section, are not managing haz- open spaces into the interior of the ardous waste in light material service. container when the cover and closure (d) Container Level 2 standards. (1) A devices are secured in the closed posi- container using Container Level 2 con- tion. The container visual inspection trols is one of the following: shall be conducted on or before the (i) A container that meets the appli- date that the container is accepted at cable U.S. Department of Transpor- the facility (i.e., the date the container tation (DOT) regulations on packaging becomes subject to the subpart CC con- hazardous materials for transportation tainer standards). For purposes of this as specified in paragraph (f) of this sec- requirement, the date of acceptance is tion. the date of signature that the facility (ii) A container that operates with no owner or operator enters on Item 20 of detectable organic emissions as defined the Uniform Hazardous Waste Manifest in 40 CFR 265.1081 and determined in in the appendix to 40 CFR part 262 accordance with the procedure speci- (EPA Forms 8700–22 and 8700–22A), as fied in paragraph (g) of this section. required under subpart E of this part, (iii) A container that has been dem- at 40 CFR 264.71. If a defect is detected, onstrated within the preceding 12 the owner or operator shall repair the months to be vapor-tight by using 40 defect in accordance with the require- CFR part 60, appendix A, Method 27 in ments of paragraph (c)(4)(iii) of this accordance with the procedure speci- section. fied in paragraph (h) of this section.
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(2) Transfer of hazardous waste in or the container; or the shutdown of the out of a container using Container process generating the material being Level 2 controls shall be conducted in added to the container, whichever con- such a manner as to minimize exposure dition occurs first. of the hazardous waste to the atmos- (ii) Opening of a closure device or phere, to the extent practical, consid- cover is allowed for the purpose of re- ering the physical properties of the moving hazardous waste from the con- hazardous waste and good engineering tainer as follows: and safety practices for handling flam- (A) For the purpose of meeting the mable, ignitable, explosive, reactive, or requirements of this section, an empty other hazardous materials. Examples of container as defined in 40 CFR 261.7(b) container loading procedures that the may be open to the atmosphere at any EPA considers to meet the require- time (i.e., covers and closure devices ments of this paragraph include using are not required to be secured in the any one of the following: A submerged- closed position on an empty container). fill pipe or other submerged-fill method (B) In the case when discrete quan- to load liquids into the container; a tities or batches of material are re- vapor-balancing system or a vapor-re- moved from the container but the con- covery system to collect and control tainer does not meet the conditions to the vapors displaced from the con- be an empty container as defined in 40 tainer during filling operations; or a CFR 261.7(b), the owner or operator fitted opening in the top of a container shall promptly secure the closure de- through which the hazardous waste is vices in the closed position and install filled and subsequently purging the covers, as applicable to the container, transfer line before removing it from upon the completion of a batch re- the container opening. moval after which no additional mate- (3) Whenever a hazardous waste is in rial will be removed from the container a container using Container Level 2 within 15 minutes or the person per- controls, the owner or operator shall forming the unloading operation leaves install all covers and closure devices the immediate vicinity of the con- for the container, and secure and main- tainer, whichever condition occurs tain each closure device in the closed first. position except as follows: (iii) Opening of a closure device or (i) Opening of a closure device or cover is allowed when access inside the cover is allowed for the purpose of add- container is needed to perform routine ing hazardous waste or other material activities other than transfer of haz- to the container as follows: ardous waste. (A) In the case when the container is Examples of such activities include filled to the intended final level in one those times when a worker needs to continuous operation, the owner or op- open a port to measure the depth of or erator shall promptly secure the clo- sample the material in the container, sure devices in the closed position and or when a worker needs to open a man- install the covers, as applicable to the hole hatch to access equipment inside container, upon conclusion of the fill- the container. Following completion of ing operation. the activity, the owner or operator (B) In the case when discrete quan- shall promptly secure the closure de- tities or batches of material intermit- vice in the closed position or reinstall tently are added to the container over the cover, as applicable to the con- a period of time, the owner or operator tainer. shall promptly secure the closure de- (iv) Opening of a spring-loaded, pres- vices in the closed position and install sure-vacuum relief valve, conservation covers, as applicable to the container, vent, or similar type of pressure relief upon either the container being filled device which vents to the atmosphere to the intended final level; the comple- is allowed during normal operations for tion of a batch loading after which no the purpose of maintaining the inter- additional material will be added to nal pressure of the container in accord- the container within 15 minutes; the ance with the container design speci- person performing the loading oper- fications. The device shall be designed ation leaving the immediate vicinity of to operate with no detectable organic
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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 40 CFR 264.71. 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 (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 40 CFR 265.1081, is allowed at container, cover, or closure devices, any time conditions require doing so to the owner or operator shall make first avoid an unsafe condition. efforts at repair of the defect no later (4) The owner or operator of con- than 24 hours after detection, and re- tainers using Container Level 2 con- pair shall be completed as soon as pos- trols shall inspect the containers and sible but no later than 5 calendar days their covers and closure devices as fol- after detection. If repair of a defect lows: cannot be completed within 5 calendar (i) In the case when a hazardous days, then the hazardous waste shall be waste already is in the container at the removed from the container and the time the owner or operator first ac- container shall not be used to manage cepts possession of the container at the hazardous waste until the defect is re- facility and the container is not paired. emptied within 24 hours after the con- (e) Container Level 3 standards. (1) A tainer is accepted at the facility (i.e., container using Container Level 3 con- does not meet the conditions for an trols is one of the following: empty container as specified in 40 CFR (i) A container that is vented directly 261.7(b)), the owner or operator shall through a closed-vent system to a con- visually inspect the container and its trol device in accordance with the re- cover and closure devices to check for quirements of paragraph (e)(2)(ii) of visible cracks, holes, gaps, or other this section. open spaces into the interior of the (ii) A container that is vented inside container when the cover and closure an enclosure which is exhausted devices are secured in the closed posi- through a closed-vent system to a con- tion. The container visual inspection trol device in accordance with the re- shall be conducted on or before the quirements of paragraphs (e)(2)(i) and date that the container is accepted at (e)(2)(ii) of this section. the facility (i.e., the date the container (2) The owner or operator shall meet becomes subject to the subpart CC con- the following requirements, as applica- tainer standards). For purposes of this ble to the type of air emission control requirement, the date of acceptance is equipment selected by the owner or op- the date of signature that the facility erator: owner or operator enters on Item 20 of (i) The container enclosure shall be the Uniform Hazardous Waste Manifest designed and operated in accordance in the appendix to 40 CFR part 262 with the criteria for a permanent total
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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 ‘‘Pro- ment of Transportation (DOT) regula- cedure T—Criteria for and Verification tions on packaging hazardous mate- of a Permanent or Temporary Total rials for transportation as follows: Enclosure’’ initially when the enclosure (1) The container meets the applica- is first installed and, thereafter, annu- ble requirements specified in 49 CFR ally. 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 § 264.1087 of this subpart. the container in accordance with the (3) Safety devices, as defined in 40 applicable requirements specified in 49 CFR 265.1081, may be installed and op- CFR part 107, subpart B—Exemptions; erated as necessary on any container, 49 CFR part 172—Hazardous Materials enclosure, closed-vent system, or con- Table, Special Provisions, Hazardous trol device used to comply with the re- Materials Communications, Emergency quirements of paragraph (e)(1) of this Response Information, and Training section. Requirements; 49 CFR part 173—Ship- (4) Owners and operators using Con- pers—General Requirements for Ship- tainer Level 3 controls in accordance ments and Packages; and 49 CFR part with the provisions of this subpart 180—Continuing Qualification and shall inspect and monitor the closed- Maintenance of Packagings. vent systems and control devices as (3) For the purpose of complying with specified in § 264.1087 of this subpart. this subpart, no exceptions to the 49 (5) Owners and operators that use CFR part 178 or part 179 regulations are Container Level 3 controls in accord- allowed except as provided for in para- ance with the provisions of this sub- graph (f)(4) of this section. part shall prepare and maintain the (4) For a lab pack that is managed in records specified in § 264.1089(d) of this accordance with the requirements of 49 subpart. CFR part 178 for the purpose of com- (6) Transfer of hazardous waste in or plying with this subpart, an owner or out of a container using Container operator may comply with the excep- Level 3 controls shall be conducted in tions for combination packagings spec- such a manner as to minimize exposure ified in 49 CFR 173.12(b). of the hazardous waste to the atmos- (g) To determine compliance with the phere, to the extent practical, consid- no detectable organic emissions re- ering the physical properties of the quirement of paragraph (d)(1)(ii) of this hazardous waste and good engineering section, the procedure specified in and safety practices for handling flam- § 264.1083(d) of this subpart shall be mable, ignitable, explosive, reactive, or used. other hazardous materials. Examples of (1) Each potential leak interface (i.e., container loading procedures that the a location where organic vapor leakage EPA considers to meet the require- could occur) on the container, its ments of this paragraph include using cover, and associated closure devices, any one of the following: A submerged- as applicable to the container, shall be fill pipe or other submerged-fill method checked. Potential leak interfaces that to load liquids into the container; a are associated with containers include,
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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- § 264.1033(k) 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 closed position. graph, low leg drains, high point (h) Procedure for determining a con- bleeds, analyzer vents, open-ended tainer to be vapor-tight using Method valves or lines, spring loaded pressure 27 of 40 CFR part 60, appendix A for the relief valves, and other fittings used for purpose of complying with paragraph safety purposes are not considered to (d)(1)(iii) of this section. be bypass devices. (1) The test shall be performed in ac- (i) If a flow indicator is used to com- cordance with Method 27 of 40 CFR part ply with paragraph (b)(3) of this sec- 60, appendix A of this chapter. tion, the indicator shall be installed at (2) A pressure measurement device the inlet to the bypass line used to di- shall be used that has a precision of ± vert gases and vapors from the closed- 2.5 mm water and that is capable of vent system to the atmosphere at a measuring above the pressure at which point upstream of the control device the container is to be tested for vapor inlet. For this paragraph, a flow indi- tightness. cator means a device which indicates (3) If the test results determined by the presence of either gas or vapor flow Method 27 indicate that the container in the bypass line. sustains a pressure change less than or (ii) If a seal or locking device is used equal to 750 Pascals within 5 minutes to comply with paragraph (b)(3) of this after it is pressurized to a minimum of section, the device shall be placed on 4,500 Pascals, then the container is de- the mechanism by which the bypass de- termined to be vapor-tight. vice position is controlled (e.g., valve [61 FR 59962, Nov. 25, 1996, as amended at 62 handle, damper lever) when the bypass FR 64659, Dec. 8, 1997; 64 FR 3389, Jan. 21, device is in the closed position such 1999] that the bypass device cannot be opened without breaking the seal or re- § 264.1087 Standards: Closed-vent sys- tems and control devices. moving the lock. Examples of such de- vices include, but are not limited to, a (a) This section applies to each car-seal or a lock-and-key configura- closed-vent system and control device tion valve. The owner or operator shall installed and operated by the owner or visually inspect the seal or closure operator to control air emissions in ac- mechanism at least once every month cordance with standards of this sub- part. to verify that the bypass mechanism is (b) The closed-vent system shall maintained in the closed position. meet the following requirements: (4) The closed-vent system shall be (1) The closed-vent system shall inspected and monitored by the owner route the gases, vapors, and fumes or operator in accordance with the pro- emitted from the hazardous waste in cedure specified in § 264.1033(l). the waste management unit to a con- (c) The control device shall meet the trol device that meets the require- following requirements: ments specified in paragraph (c) of this (1) The control device shall be one of section. the following devices:
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(i) A control device designed and op- periods when the control device is not erated to reduce the total organic con- operating or not operating normally) tent of the inlet vapor stream vented except in cases when it is necessary to to the control device by at least 95 per- vent the gases, vapors, and/or fumes to cent by weight; avoid an unsafe condition or to imple- (ii) An enclosed combustion device ment malfunction corrective actions or designed and operated in accordance planned maintenance actions. with the requirements of § 264.1033(c) of (3) The owner or operator using a car- this part; or bon adsorption system to comply with (iii) A flare designed and operated in paragraph (c)(1) of this section shall accordance with the requirements of operate and maintain the control de- § 264.1033(d) of this part. vice in accordance with the following (2) The owner or operator who elects requirements: to use a closed-vent system and control (i) Following the initial startup of device to comply with the require- the control device, all activated carbon ments of this section shall comply with in the control device shall be replaced the requirements specified in para- with fresh carbon on a regular basis in graphs (c)(2)(i) through (c)(2)(vi) of this accordance with the requirements of section. § 264.1033(g) or § 264.1033(h) of this part. (i) Periods of planned routine main- (ii) All carbon that is a hazardous tenance of the control device, during waste and that is removed from the which the control device does not meet control device shall be managed in ac- the specifications of paragraphs cordance with the requirements of 40 (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this CFR 264.1033(n), regardless of the aver- section, as applicable, shall not exceed age volatile organic concentration of 240 hours per year. the carbon. (ii) The specifications and require- (4) An owner or operator using a con- ments in paragraphs (c)(1)(i), (c)(1)(ii), trol device other than a thermal vapor and (c)(1)(iii) of this section for control incinerator, flare, boiler, process heat- devices do not apply during periods of er, condenser, or carbon adsorption planned routine maintenance. system to comply with paragraph (c)(1) (iii) The specifications and require- of this section shall operate and main- ments in paragraphs (c)(1)(i), (c)(1)(ii), tain the control device in accordance and (c)(1)(iii) of this section for control with the requirements of § 264.1033(j) of devices do not apply during a control this part. device system malfunction. (iv) The owner or operator shall dem- (5) The owner or operator shall dem- onstrate compliance with the require- onstrate that a control device achieves ments of paragraph (c)(2)(i) of this sec- the performance requirements of para- tion (i.e., planned routine maintenance graph (c)(1) of this section as follows: of a control device, during which the (i) An owner or operator shall dem- control device does not meet the speci- onstrate using either a performance fications of paragraphs (c)(1)(i), test as specified in paragraph (c)(5)(iii) (c)(1)(ii), or (c)(1)(iii) of this section, as of this section or a design analysis as applicable, shall not exceed 240 hours specified in paragraph (c)(5)(iv) of this per year) by recording the information section the performance of each con- specified in § 264.1089(e)(1)(v) of this trol device except for the following: subpart. (A) A flare; (v) The owner or operator shall cor- (B) A boiler or process heater with a rect control device system malfunc- design heat input capacity of 44 tions as soon as practicable after their megawatts or greater; occurrence in order to minimize excess (C) A boiler or process heater into emissions of air pollutants. which the vent stream is introduced (vi) The owner or operator shall oper- with the primary fuel; ate the closed-vent system such that (D) A boiler or industrial furnace gases, vapors, or fumes are not actively burning hazardous waste for which the vented to the control device during pe- owner or operator has been issued a riods of planned maintenance or con- final permit under 40 CFR part 270 and trol device system malfunction (i.e., has designed and operates the unit in
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accordance with the requirements of 40 trol device is operated in compliance CFR part 266, subpart H; or with the requirements of this section. (E) A boiler or industrial furnace [59 FR 62927, Dec. 6, 1994, as amended at 61 burning hazardous waste for which the FR 4913, Feb. 9, 1996; 61 FR 59965, Nov. 25, owner or operator has designed and op- 1996; 62 FR 64660, Dec. 8, 1997] erates in accordance with the interim status requirements of 40 CFR part 266, § 264.1088 Inspection and monitoring subpart H. requirements. (ii) An owner or operator shall dem- (a) The owner or operator shall in- onstrate the performance of each flare spect and monitor air emission control in accordance with the requirements equipment used to comply with this specified in § 264.1033(e). subpart in accordance with the applica- (iii) For a performance test con- ble requirements specified in § 264.1084 ducted to meet the requirements of through § 264.1087 of this subpart. paragraph (c)(5)(i) of this section, the (b) The owner or operator shall de- owner or operator shall use the test velop and implement a written plan methods and procedures specified in and schedule to perform the inspec- § 264.1034(c)(1) through (c)(4). tions and monitoring required by para- (iv) For a design analysis conducted graph (a) of this section. The owner or to meet the requirements of paragraph operator shall incorporate this plan (c)(5)(i) of this section, the design anal- and schedule into the facility inspec- ysis shall meet the requirements speci- tion plan required under 40 CFR 264.15. fied in § 264.1035(b)(4)(iii). [61 FR 59966, Nov. 25, 1996] (v) The owner or operator shall dem- onstrate that a carbon adsorption sys- § 264.1089 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 of this sub- organics vented to the atmosphere part shall record and maintain the in- from all carbon adsorption system formation specified in paragraphs (b) equipment that is used for organic ad- through (j) of this section, as applica- sorption, organic desorption or carbon ble to the facility. Except for air emis- regeneration, organic recovery, and sion control equipment design docu- carbon disposal. mentation and information required by (6) If the owner or operator and the paragraphs (i) and (j) of this section, Regional Administrator do not agree records required by this section shall on a demonstration of control device be maintained in the operating record performance using a design analysis for a minimum of 3 years. Air emission then the disagreement shall be resolved control equipment design documenta- using the results of a performance test tion shall be maintained in the oper- performed by the owner or operator in ating record until the air emission con- accordance with the requirements of trol equipment is replaced or otherwise paragraph (c)(5)(iii) of this section. The no longer in service. Information re- Regional Administrator may choose to quired by paragraphs (i) and (j) of this have an authorized representative ob- section shall be maintained in the op- serve the performance test. erating record for as long as the waste (7) The closed-vent system and con- management unit is not using air emis- trol device shall be inspected and mon- sion controls specified in §§ 264.1084 itored by the owner or operator in ac- through 264.1087 of this subpart in ac- cordance with the procedures specified cordance with the conditions specified in 40 CFR 264.1033(f)(2) and 40 CFR in § 264.1080(d) or § 264.1080(b)(7) of this 264.1033(l). The readings from each subpart, respectively. monitoring device required by 40 CFR (b) The owner or operator of a tank 264.1033(f)(2) shall be inspected at least using air emission controls in accord- once each operating day to check con- ance with the requirements of § 264.1084 trol device operation. Any necessary of this subpart shall prepare and main- corrective measures shall be imme- tain records for the tank that include diately implemented to ensure the con- the following information:
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(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 § 264.1084 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 § 264.1084(f)(1) of (ii) A record for each inspection re- this subpart, the records shall include quired by § 264.1084 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- fect, a description of the defect, the (iv) Each owner or operator using an date of detection, and corrective action enclosure to comply with the Tank taken to repair the defect. In the event Level 2 control requirements specified that repair of the defect is delayed in in § 264.1084(i) of this subpart shall pre- accordance with the requirements of pare and maintain the following § 264.1084 of this subpart, the owner or records: operator shall also record the reason (A) Records for the most recent set of for the delay and the date that comple- calculations and measurements per- tion of repair of the defect is expected. formed by the owner or operator to (2) In addition to the information re- verify that the enclosure meets the cri- quired by paragraph (b)(1) of this sec- teria of a permanent total enclosure as tion, the owner or operator shall record specified in ‘‘Procedure T—Criteria for the following information, as applica- and Verification of a Permanent or ble to the tank: Temporary Total Enclosure’’ under 40 (i) The owner or operator using a CFR 52.741, appendix B. fixed roof to comply with the Tank (B) Records required for the closed- Level 1 control requirements specified vent system and control device in ac- in § 264.1084(c) of this subpart shall pre- cordance with the requirements of pare and maintain records for each de- paragraph (e) of this section. termination for the maximum organic (c) The owner or operator of a surface vapor pressure of the hazardous waste in the tank performed in accordance impoundment using air emission con- with the requirements of § 264.1084(c) of trols in accordance with the require- this subpart. The records shall include ments of § 264.1085 of this subpart shall the date and time the samples were prepare and maintain records for the collected, the analysis method used, surface impoundment that include the and the analysis results. following information: (ii) The owner or operator using an (1) A surface impoundment identi- internal floating roof to comply with fication number (or other unique iden- the Tank Level 2 control requirements tification description as selected by specified in § 264.1084(e) of this subpart the owner or operator). shall prepare and maintain documenta- (2) Documentation describing the tion describing the floating roof design. floating membrane cover or cover de- (iii) Owners and operators using an sign, as applicable to the surface im- external floating roof to comply with poundment, that includes information the Tank Level 2 control requirements prepared by the owner or operator or specified in § 264.1084(f) of this subpart provided by the cover manufacturer or shall prepare and maintain the fol- vendor describing the cover design, and lowing records: certification by the owner or operator (A) Documentation describing the that the cover meets the specifications floating roof design and the dimensions listed in § 264.1085(c) of this subpart. of the tank. (B) Records for each seal gap inspec- (3) A record for each inspection re- tion required by § 264.1084(f)(3) of this quired by § 264.1085 of this subpart that subpart describing the results of the includes the following information: seal gap measurements. The records (i) Date inspection was conducted.
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(ii) For each defect detected during (ii) If a design analysis is used, then the inspection the following informa- design documentation as specified in 40 tion: The location of the defect, a de- CFR 264.1035(b)(4). The documentation scription of the defect, the date of de- shall include information prepared by tection, and corrective action taken to the owner or operator or provided by repair the defect. In the event that re- the control device manufacturer or pair of the defect is delayed in accord- vendor that describes the control de- ance with the provisions of § 264.1085(f) vice design in accordance with 40 CFR of this subpart, the owner or operator 264.1035(b)(4)(iii) and certification by shall also record the reason for the the owner or operator that the control delay and the date that completion of equipment meets the applicable speci- repair of the defect is expected. fications. (4) For a surface impoundment (iii) If performance tests are used, equipped with a cover and vented then a performance test plan as speci- through a closed-vent system to a con- fied in 40 CFR 264.1035(b)(3) and all test trol device, the owner or operator shall 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 264.1035(c)(1) and 40 CFR tainers using Container Level 3 air 264.1035(c)(2), as applicable. emission controls in accordance with (v) An owner or operator shall record, the requirements of § 264.1086 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 § 264.1087(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 (2) Records required for the closed- maintenance necessary, planned fre- vent system and control device in ac- quency of maintenance, and lengths of cordance with the requirements of maintenance periods. paragraph (e) of this section. (B) A description of the planned rou- (e) The owner or operator using a tine maintenance that was performed closed-vent system and control device for the control device during the pre- in accordance with the requirements of § 264.1087 of this subpart shall prepare vious 6-month period. This description and maintain records that include the shall include the type of maintenance following information: performed and the total number of (1) Documentation for the closed- hours during those 6 months that the vent system and control device that in- control device did not meet the re- cludes: quirements of § 264.1087 (c)(1)(i), (i) Certification that is signed and (c)(1)(ii), or (c)(1)(iii) of this subpart, as dated by the owner or operator stating applicable, due to planned routine that the control device is designed to maintenance. operate at the performance level docu- (vi) An owner or operator shall mented by a design analysis as speci- record the information specified in fied in paragraph (e)(1)(ii) of this sec- paragraphs (e)(1)(vi)(A) through tion or by performance tests as speci- (e)(1)(vi)(C) of this section for those un- fied in paragraph (e)(1)(iii) of this sec- expected control device system mal- tion when the tank, surface impound- functions that would require the con- ment, or container is or would be oper- trol device not to meet the require- ating at capacity or the highest level ments of § 264.1087 (c)(1)(i), (c)(1)(ii), or reasonably expected to occur. (c)(1)(iii) of this subpart, as applicable.
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(A) The occurrence and duration of that are designated as ‘‘unsafe to in- each malfunction of the control device spect and monitor,’’ the explanation for system. each cover stating why the cover is un- (B) The duration of each period dur- safe 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 § 264.1087(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 § 264.1082(c) of using air emission controls specified in this subpart shall prepare and main- §§ 264.1084 through 264.1087 of this sub- tain the following records, as applica- part in accordance with the conditions ble: specified in § 264.1080(d) of this subpart, (1) For tanks, surface impoundments, the owner or operator shall record and and containers exempted under the maintain the following information: hazardous waste organic concentration (1) A list of the individual organic conditions specified in § 264.1082(c)(1) or peroxide compounds manufactured at §§ 264.1082(c)(2)(i) through (c)(2)(vi) of the facility that meet the conditions this subpart, the owner or operator specified in § 264.1080(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 operating log. If analysis results for at the facility in tanks and containers. waste samples are used for the waste This description shall include: determination, then the owner or oper- (i) For the tanks used at the facility ator shall record the date, time, and lo- to manage this hazardous waste, suffi- cation that each waste sample is col- cient information shall be provided to lected in accordance with applicable describe for each tank: A facility iden- requirements of § 264.1083 of this sub- tification number for the tank; the part. purpose and placement of this tank in (2) For tanks, surface impoundments, the management train of this haz- or containers exempted under the pro- ardous waste; and the procedures used visions of § 264.1082(c)(2)(vii) or to ultimately dispose of the hazardous § 264.1082(c)(2)(viii) of this subpart, the waste managed in the tanks. owner or operator shall record the (ii) For containers used at the facil- identification number for the inciner- ity to manage these hazardous wastes, ator, boiler, or industrial furnace in sufficient information shall be pro- which the hazardous waste is treated. vided to describe: A facility identifica- (g) An owner or operator designating tion number for the container or group a cover as ‘‘unsafe to inspect and mon- of containers; the purpose and place- itor’’ pursuant to § 264.1084(l) or ment of this container, or group of con- § 264.1085(g) of this subpart shall record tainers, in the management train of in a log that is kept in the facility op- this hazardous waste; and the proce- erating record the following informa- dures used to ultimately dispose of the tion: The identification numbers for hazardous waste handled in the con- waste management units with covers tainers.
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(3) An explanation of why managing (1) Certification that the waste man- the hazardous waste containing the or- agement unit is equipped with and op- ganic peroxide compounds identified in erating air emission controls in accord- paragraph (i)(1) of this section in the ance with the requirements of an appli- tanks and containers as described in cable Clean Air Act regulation codified paragraph (i)(2) of this section would under 40 CFR part 60, part 61, or part create an undue safety hazard if the air 63. emission controls, as required under (2) Identification of the specific re- §§ 264.1084 through 264.1087 of this sub- quirements codified under 40 CFR part part, are installed and operated on 60, part 61, or part 63 with which the these waste management units. This waste management unit is in compli- explanation shall include the following ance. information: [61 FR 59966, Nov. 25, 1996, as amended at 62 (i) For tanks used at the facility to FR 64660, Dec. 8, 1997] manage these hazardous wastes, suffi- cient information shall be provided to § 264.1090 Reporting requirements. explain: How use of the required air (a) Each owner or operator managing emission controls on the tanks would hazardous waste in a tank, surface im- affect the tank design features and fa- poundment, or container exempted cility operating procedures currently from using air emission controls under used to prevent an undue safety hazard the provisions of § 264.1082(c) of this during the management of this haz- subpart shall report to the Regional ardous waste in the tanks; and why in- Administrator each occurrence when stallation of safety devices on the re- hazardous waste is placed in the waste quired air emission controls, as allowed management unit in noncompliance under this subpart, will not address with the conditions specified in those situations in which evacuation of § 264.1082 (c)(1) or (c)(2) of this subpart, tanks equipped with these air emission as applicable. Examples of such occur- controls is necessary and consistent rences include placing in the waste management unit a hazardous waste with good engineering and safety prac- having an average VO concentration tices for handling organic peroxides. equal to or greater than 500 ppmw at (ii) For containers used at the facil- the point of waste origination; or plac- ity to manage these hazardous wastes, ing in the waste management unit a sufficient information shall be pro- treated hazardous waste of which the vided to explain: How use of the re- organic content has been reduced by an quired air emission controls on the organic destruction or removal process containers would affect the container that fails to achieve the applicable design features and handling proce- conditions specified in § 264.1082 (c)(2)(i) dures currently used to prevent an through (c)(2)(vi) of this subpart. The undue safety hazard during the man- owner or operator shall submit a writ- agement of this hazardous waste in the ten report within 15 calendar days of containers; and why installation of the time that the owner or operator be- safety devices on the required air emis- comes aware of the occurrence. The sion controls, as allowed under this written report shall contain the EPA subpart, will not address those situa- identification number, facility name tions in which evacuation of containers and address, a description of the non- equipped with these air emission con- compliance event and the cause, the trols is necessary and consistent with dates of the noncompliance, and the ac- good engineering and safety practices tions taken to correct the noncompli- for handling organic peroxides. ance and prevent recurrence of the (j) For each hazardous waste manage- noncompliance. The report shall be ment unit not using air emission con- signed and dated by an authorized rep- trols specified in §§ 264.1084 through resentative of the owner or operator. 264.1087 of this subpart in accordance (b) Each owner or operator using air with the requirements of § 264.1080(b)(7) emission controls on a tank in accord- of this subpart, the owner and operator ance with the requirements § 264.1084(c) shall record and maintain the following of this subpart shall report to the Re- information: gional Administrator each occurrence
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when hazardous waste is managed in (1) During no period of 24 hours or the tank in noncompliance with the longer did a control device operate con- conditions specified in § 264.1084(b) of tinuously in noncompliance with the this subpart. The owner or operator applicable operating values defined in shall submit a written report within 15 § 264.1035(c)(4); and calendar days of the time that the (2) No flare was operated with visible owner or operator becomes aware of emissions for 5 minutes or longer in a the occurrence. The written report two-hour period, as defined in shall contain the EPA identification § 264.1033(d). number, facility name and address, a [59 FR 62927, Dec. 6, 1994, as amended at 61 description of the noncompliance event FR 4913, Feb. 9, 1996; 61 FR 59968, Nov. 25, and the cause, the dates of the non- 1996] compliance, and the actions taken to correct the noncompliance and prevent § 264.1091 [Reserved] recurrence of the noncompliance. The report shall be signed and dated by an Subpart DD—Containment authorized representative of the owner Buildings or operator.
(c) Each owner or operator using a SOURCE: 57 FR 37265, Aug. 18, 1992, unless control device in accordance with the otherwise noted. requirements of § 264.1087 of this sub- part shall submit a semiannual written § 264.1100 Applicability. report to the Regional Administrator The requirements of this subpart excepted as provided for in paragraph apply to owners or operators who store (d) of this section. The report shall de- or treat hazardous waste in units de- scribe each occurrence during the pre- signed and operated under § 264.1101 of vious 6-month period when either: (1) A this subpart. These provisions will be- control device is operated continuously come effective on February 18, 1993, al- for 24 hours or longer in noncompliance though owner or operator may notify with the applicable operating values the Regional Administrator of his in- defined in § 264.1035(c)(4); or (2) A flare tent to be bound by this subpart at an is operated with visible emissions for 5 earlier time. The owner or operator is minutes or longer in a two-hour period, not subject to the definition of land as defined in § 264.1033(d). The report disposal in RCRA section 3004(k) pro- shall describe each occurrence during vided that the unit: the previous 6-month period when a (a) Is a completely enclosed, self-sup- control device is operated continuously porting structure that is designed and for 24 hours or longer in noncompliance constructed of manmade materials of with the applicable operating values sufficient strength and thickness to defined in § 264.1035(c)(4) or when a flare support themselves, the waste con- is operated with visible emissions as tents, and any personnel and heavy defined in § 264.1033(d). The written re- equipment that operate within the port shall include the EPA identifica- unit, and to prevent failure due to pres- tion number, facility name and ad- sure gradients, settlement, compres- dress, and an explanation why the con- sion, or uplift, physical contact with trol device could not be returned to the hazardous wastes to which they are compliance within 24 hours, and ac- exposed; climatic conditions; and the tions taken to correct the noncompli- stresses of daily operation, including ance. The report shall be signed and the movement of heavy equipment dated by an authorized representative within the unit and contact of such of the owner or operator. equipment with containment walls; (d) A report to the Regional Adminis- (b) Has a primary barrier that is de- trator in accordance with the require- signed to be sufficiently durable to ments of paragraph (c) of this section withstand the movement of personnel, is not required for a 6-month period wastes, and handling equipment within during which all control devices sub- the unit; ject to this subpart are operated by the (c) If the unit is used to manage liq- owner or operator such that: uids, has:
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(1) A primary barrier designed and prevent collapse or other failure. All constructed of materials to prevent mi- surfaces to be in contact with haz- gration of hazardous constituents into ardous wastes must be chemically com- the barrier; patible with those wastes. EPA will (2) A liquid collection system de- consider standards established by pro- signed and constructed of materials to fessional organizations generally rec- minimize the accumulation of liquid on ognized by the industry such as the the primary barrier; and American Concrete Institute (ACI) and (3) A secondary containment system the American Society of Testing Mate- designed and constructed of materials rials (ASTM) in judging the structural to prevent migration of hazardous con- integrity requirements of this para- stituents into the barrier, with a leak graph. If appropriate to the nature of detection and liquid collection system the waste management operation to capable of detecting, collecting, and re- take place in the unit, an exception to moving leaks of hazardous constituents the structural strength requirement at the earliest practicable time, unless may be made for light-weight doors the unit has been granted a variance and windows that meet these criteria: from the secondary containment sys- (i) They provide an effective barrier tem requirements under § 264.1101(b)(4); against fugitive dust emissions under (d) Has controls sufficient to prevent paragraph (c)(1)(iv); and fugitive dust emissions to meet the no (ii) The unit is designed and operated visible emission standard in in a fashion that assures that wastes § 264.1101(c)(1)(iv); and will not actually come in contact with (e) Is designed and operated to ensure these openings. containment and prevent the tracking (3) Incompatible hazardous wastes or of materials from the unit by personnel treatment reagents must not be placed or equipment. in the unit or its secondary contain- § 264.1101 Design and operating stand- ment system if they could cause the ards. unit or secondary containment system (a) All containment buildings must to leak, corrode, or otherwise fail. comply with the following design (4) A containment building must standards: have a primary barrier designed to (1) The containment building must be withstand the movement of personnel, completely enclosed with a floor, walls, waste, and handling equipment in the and a roof to prevent exposure to the unit during the operating life of the elements, (e.g., precipitation, wind, unit and appropriate for the physical run-on), and to assure containment of and chemical characteristics of the managed wastes. waste to be managed. (2) The floor and containment walls (b) For a containment building used of the unit, including the secondary to manage hazardous wastes con- containment system if required under taining free liquids or treated with free paragraph (b) of this section, must be liquids (the presence of which is deter- designed and constructed of materials mined by the paint filter test, a visual of sufficient strength and thickness to examination, or other appropriate support themselves, the waste con- means), the owner or operator must tents, and any personnel and heavy include: equipment that operate within the (1) A primary barrier designed and unit, and to prevent failure due to pres- constructed of materials to prevent the sure gradients, settlement, compres- migration of hazardous constituents sion, or uplift, physical contact with into the barrier (e.g., a geomembrane the hazardous wastes to which they are covered by a concrete wear surface). exposed; climatic conditions; and the (2) A liquid collection and removal stresses of daily operation, including system to minimize the accumulation the movement of heavy equipment of liquid on the primary barrier of the within the unit and contact of such containment building: equipment with containment walls. (i) The primary barrier must be The unit must be designed so that it sloped to drain liquids to the associ- has sufficient structural strength to ated collection system; and
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(ii) Liquids and waste must be col- owner or operator that the unit sub- lected and removed to minimize hy- stantially meets the standards of this draulic head on the containment sys- subpart. In making this demonstration, tem at the earliest practicable time. the owner or operator must: (3) A secondary containment system (i) Provide written notice to the Re- including a secondary barrier designed gional Administrator of their request and constructed to prevent migration by November 16, 1992. This notification of hazardous constituents into the bar- must describe the unit and its oper- rier, and a leak detection system that ating practices with specific reference is capable of detecting failure of the to the performance of existing contain- primary barrier and collecting accumu- ment systems, and specific plans for lated hazardous wastes and liquids at retrofitting the unit with secondary the earliest practicable time. containment; (i) The requirements of the leak de- (ii) Respond to any comments from tection component of the secondary the Regional Administrator on these containment system are satisfied by plans within 30 days; and installation of a system that is, at a (iii) Fulfill the terms of the revised minimum: plans, if such plans are approved by the (A) Constructed with a bottom slope Regional Administrator. of 1 percent or more; and (c) Owners or operators of all con- (B) Constructed of a granular drain- tainment buildings must: age material with a hydraulic conduc- (1) Use controls and practices to en- tivity of 1×10-2 cm/sec or more and a sure containment of the hazardous thickness of 12 inches (30.5 cm) or waste within the unit; and, at a more, or constructed of synthetic or minimum: geonet drainage materials with a (i) Maintain the primary barrier to transmissivity of 3×10-5 m2/sec or 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 (iii) The secondary containment sys- the height of any containment wall is tem must be constructed of materials not exceeded; that are chemically resistant to the (iii) Take measures to prevent the waste and liquids managed in the con- tracking of hazardous waste out of the tainment building and of sufficient unit by personnel or by equipment used strength and thickness to prevent col- in handling the waste. An area must be lapse under the pressure exerted by designated to decontaminate equip- overlaying materials and by any equip- ment and any rinsate must be collected ment used in the containment building. and properly managed; and (Containment buildings can serve as (iv) Take measures to control fugi- secondary containment systems for tive dust emissions such that any open- tanks placed within the building under ings (doors, windows, vents, cracks, certain conditions. A containment etc.) exhibit no visible emissions (see building can serve as an external liner 40 CFR part 60, appendix A, Method system for a tank, provided it meets 22—Visual Determination of Fugitive the requirements of § 264.193(d)(1). In Emissions from Material Sources and addition, the containment building Smoke Emissions from Flares). In ad- must meet the requirements of dition, all associated particulate col- § 264.193(b) and §§ 264.193(c) (1) and (2) to lection devices (e.g., fabric filter, elec- be considered an acceptable secondary trostatic precipitator) must be oper- containment system for a tank.) ated and maintained with sound air (4) For existing units other than 90- pollution control practices (see 40 CFR day generator units, the Regional Ad- part 60 subpart 292 for guidance). This ministrator may delay the secondary state of no visible emissions must be containment requirement for up to two maintained effectively at all times dur- years, based on a demonstration by the ing routine operating and maintenance
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conditions, including when vehicles cleanup are complete, and notify the and personnel are entering and exiting owner or operator of the determination the unit. and the underlying rationale in writ- (2) Obtain certification by a qualified ing. registered professional engineer that (iii) Upon completing all repairs and the containment building design meets cleanup the owner or operator must no- the requirements of paragraphs (a) tify the Regional Administrator in through (c) of this section. For units writing and provide a verification, placed into operation prior to February signed by a qualified, registered profes- 18, 1993, this certification must be sional engineer, that the repairs and placed in the facility’s operating cleanup have been completed according record (on-site files for generators who to the written plan submitted in ac- are not formally required to have oper- cordance with paragraph (c)(3)(i)(D) of ating records) no later than 60 days after the date of initial operation of this section. the unit. After February 18, 1993, PE (4) Inspect and record in the facility’s certification will be required prior to operating record, at least once every operation of the unit. seven days, data gathered from moni- (3) Throughout the active life of the toring equipment 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, must repair the condi- detect signs of releases of hazardous tion promptly, in accordance with the waste. following procedures. (d) For containment buildings that (i) Upon detection of a condition that contain areas both with and without has lead to a release of hazardous secondary containment, the owner or waste (e.g., upon detection of leakage operator must: from the primary barrier) the owner or (1) Design and operate each area in operator must: accordance with the requirements enu- (A) Enter a record of the discovery in merated in paragraphs (a) through (c) the facility operating record; of this section; (B) Immediately remove the portion (2) Take measures to prevent the re- of the containment building affected lease of liquids or wet materials into by the condition from service; areas without secondary containment; (C) Determine what steps must be and taken to repair the containment build- ing, remove any leakage from the sec- (3) Maintain in the facility’s oper- ondary collection system, and establish ating log a written description of the a schedule for accomplishing the clean- operating procedures used to maintain up and repairs; and the integrity of areas without sec- (D) Within 7 days after the discovery ondary containment. of the condition, notify the Regional (e) Notwithstanding any other provi- Administrator of the condition, and sion of this subpart the Regional Ad- within 14 working days, provide a writ- ministrator may waive requirements ten notice to the Regional Adminis- for secondary containment for a per- trator with a description of the steps mitted containment building where the taken to repair the containment build- owner operator demonstrates that the ing, and the schedule for accomplishing only free liquids in the unit are limited the work. amounts of dust suppression liquids re- (ii) The Regional Administrator will quired to meet occupational health and review the information submitted, safety requirements, and where con- make a determination regarding tainment of managed wastes and liq- whether the containment building uids can be assured without a sec- must be removed from service com- ondary containment system. pletely or partially until repairs and
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§ 264.1102 Closure and post-closure part 264, 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- § 264.1201 Design and operating stand- move or decontaminate all waste resi- ards. dues, contaminated containment sys- 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 (§ 264.310). 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 §§ 264.1103—264.1110 [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 6652, Feb. 12, 1997, unless explosives stored under this subpart otherwise noted. may be stored in one of the following: (1) Earth-covered magazines. Earth- § 264.1200 Applicability. covered magazines must be: The requirements of this subpart (i) Constructed of waterproofed, rein- apply to owners or operators who store forced concrete or structural steel munitions and explosive hazardous arches, with steel doors that are kept wastes, except as § 264.1 provides other- closed when not being accessed; wise. (NOTE: Depending on explosive (ii) Designed and constructed: hazards, hazardous waste munitions (A) To be of sufficient strength and and explosives may also be managed in thickness to support the weight of any other types of storage units, including explosives or munitions stored and any containment buildings (40 CFR part equipment used in the unit; 264, subpart DD), tanks (40 CFR part (B) To provide working space for per- 264, subpart J), or containers (40 CFR sonnel and equipment in the unit; and
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(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 (§ 264.310). protection. If these procedures serve APPENDICES TO PART 264 the same purpose as the security and inspection requirements of 40 CFR APPENDIX I TO PART 264— 264.14, the preparedness and prevention RECORDKEEPING INSTRUCTIONS procedures of 40 CFR part 264, subpart C, and the contingency plan and emer- The recordkeeping provisions of § 264.73 gency procedures requirements of 40 specify that an owner or operator must keep a written operating record at his facility. CFR part 264, subpart D, then these This appendix provides additional instruc- procedures will be used to fulfill those tions for keeping portions of the operating requirements. record. See § 264.73(b) for additional record- (d) Hazardous waste munitions and keeping requirements. explosives must be packaged to ensure The following information must be re- safety in handling and storage. corded, as it becomes available, and main- (e) Hazardous waste munitions and tained in the operating record until closure of the facility in the following manner: explosives must be inventoried at least Records of each hazardous waste received, annually. treated, stored, or disposed of at the facility (f) Hazardous waste munitions and which include the following: explosives and their storage units must (1) A description by its common name and be inspected and monitored as nec- the EPA Hazardous Waste Number(s) from essary to ensure explosives safety and part 261 of this chapter which apply to the to ensure that there is no migration of waste. The waste description also must in- contaminants out of the unit. clude the waste’s physical form, i.e., liquid, sludge, solid, or contained gas. If the waste § 264.1202 Closure and post-closure is not listed in part 261, subpart D, of this care. chapter, the description also must include the process that produced it (for example, (a) At closure of a magazine or unit solid filter cake from production of ––––, which stored hazardous waste under EPA Hazardous Waste Number W051). this subpart, the owner or operator Each hazardous waste listed in part 261, must remove or decontaminate all subpart D, of this chapter, and each haz- waste residues, contaminated contain- ardous waste characteristic defined in part 261, subpart C, of this chapter, has a four- ment system components, contami- digit EPA Hazardous Waste Number assigned nated subsoils, and structures and to it. This number must be used for record- equipment contaminated with waste, keeping and reporting purposes. Where a haz- and manage them as hazardous waste ardous waste contains more than one listed
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hazardous waste, or where more than one (b) Chemical Treatment— hazardous waste characteristic applies to the T19 Absorption mound waste, the waste description must include all T20 Absorption field applicable EPA Hazardous Waste Numbers. T21 Chemical fixation (2) The estimated or manifest-reported T22 Chemical oxidation weight, or volume and density, where appli- T23 Chemical precipitation cable, in one of the units of measure speci- T24 Chemical reduction fied in Table 1; T25 Chlorination T26 Chlorinolysis TABLE 1 T27 Cyanide destruction T28 Degradation Unit of measure Code 1 T29 Detoxification Gallons ...... G T30 Ion exchange Gallons per Hour ...... E T31 Neutralization Gallons per Day ...... U T32 Ozonation Liters ...... L T33 Photolysis Liters per Hour ...... H T34 Other (specify) Liters per Day ...... V Short Tons per Hour ...... D (c) Physical Treatment— Metric Tons per Hour ...... W Short Tons per Day ...... N (1) Separation of components: Metric Tons per Day ...... S Pounds per Hour ...... J T35 Centrifugation Kilograms per Hour ...... R T36 Clarification Cubic Yards ...... Y T37 Coagulation Cubic Meters ...... C T38 Decanting Acres ...... B T39 Encapsulation Acre-feet ...... A T40 Filtration Hectares ...... Q T41 Flocculation Hectare-meter ...... F Btu's per Hour ...... I T42 Flotation T43 Foaming 1 Single digit symbols are used here for data processing T44 Sedimentation purposes. T45 Thickening (3) The method(s) (by handling code(s) as T46 Ultrafiltration specified in Table 2) and date(s) of treat- T47 Other (specify) ment, storage, or disposal. (2) Removal of Specific Components: Table 2.—Handling Codes for Treatment, Storage and Disposal Methods T48 Absorption-molecular sieve T49 Activated carbon Enter the handling code(s) listed below T50 Blending that most closely represents the technique(s) T51 Catalysis used at the facility to treat, store or dispose T52 Crystallization of each quantity of hazardous waste re- T53 Dialysis ceived. T54 Distillation 1. Storage T55 Electrodialysis T56 Electrolysis S01 Container (barrel, drum, etc.) T57 Evaporation S02 Tank T58 High gradient magnetic separation S03 Waste Pile T59 Leaching S04 Surface Impoundment T60 Liquid ion exchange S05 Drip Pad T61 Liquid-liquid extraction S06 Containment Building (Storage) T62 Reverse osmosis S99 Other Storage (specify) T63 Solvent recovery T64 Stripping 2. Treatment T65 Sand filter (a) Thermal Treatment— T66 Other (specify) T06 Liquid injection incinerator (d) Biological Treatment T07 Rotary kiln incinerator T67 Activated sludge T08 Fluidized bed incinerator T68 Aerobic lagoon T09 Multiple hearth incinerator T69 Aerobic tank T10 Infrared furnace incinerator T70 Anaerobic tank T11 Molten salt destructor T71 Composting T12 Pyrolysis T72 Septic tank T13 Wet air oxidation T73 Spray irrigation T14 Calcination T74 Thickening filter T15 Microwave discharge T75 Tricking filter T18 Other (specify) T76 Waste stabilization pond
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T77 Other (specify) T78 [Reserved] − 2 +−22⋅⋅⋅+ − ()XX1 () XX2 () Xn X T79 [Reserved] s2 = (e) Boilers and Industrial Furnaces n −1 T80 Boiler where ‘‘n’’ denotes the number of T81 Cement Kiln observations in the set of data. T82 Lime Kiln T83 Aggregate Kiln The t-test uses these data summary meas- T84 Phosphate Kiln ures to calculate a t-statistic (t*) and a com- T85 Coke Oven parison t-statistic (tc). The t* value is com- T86 Blast Furnace pared to the tc value and a conclusion T87 Smelting, Melting, or Refining Furnace reached as to whether there has been a sta- T88 Titanium Dioxide Chloride Process Oxi- tistically significant change in any indicator dation Reactor parameter. T89 Methane Reforming Furnace The t-statistic for all parameters except T90 Pulping Liquor Recovery Furnace pH and similar monitoring parameters is: T91 Combustion Device Used in the Recov- ery of Sulfur Values from Spent Sulfuric Acid XX− T92 Halogen Acid Furnaces t * = ms T93 Other Industrial Furnaces Listed in 40 S 2 S 2 CFR 260.10 (specify) m + b (f) Other Treatment n m n b T94 Containment Building (Treatment)
3. Disposal If the value of this t-statistic is negative then there is no significant difference be- D79 Underground Injection tween the monitoring data and background D80 Landfill data. It should be noted that significantly D81 Land Treatment small negative values may be indicative of a D82 Ocean Disposal failure of the assumption made for test va- D83 Surface Impoundment (to be closed as a lidity or errors have been made in collecting landfill) the background data. D99 Other Disposal (specify) The t-statistic (tc), against which t* will be 4. Miscellaneous (Subpart X) compared, necessitates finding tb and tm from standard (one-tailed) tables where, X01 Open Burning/Open Detonation tb=t-tables with (nb¥1) degrees of freedom, X02 Mechanical Processing at the 0.05 level of significance. X03 Thermal Unit tm=t-tables with (nm¥1) degrees of freedom, X04 Geologic Repository at the 0.05 level of significance. X99 Other Subpart X (specify) Finally, the special weightings Wb and Wm [45 FR 33221, May 19, 1980, as amended at 59 are defined as: FR 13891, Mar. 24, 1994] s 2 s 2 APPENDICES II—III TO PART 264 ==b m WB and Wm [RESERVED] n b n m APPENDIX IV TO PART 264—COCHRAN’S and so the comparison t-statistic is: APPROXIMATION TO THE BEHRENS- Wt+ W t FISHER STUDENTS’ T-TEST t = bb mm c + Using all the available background data (nb WWbm readings), calculate the background mean The t-statistic (t*) is now compared with (X ) and background variance (s 2). For the b b the comparison t-statistic (tc) using the fol- single monitoring well under investigation lowing decision-rule: (n reading), calculate the monitoring mean m If t* is equal to or larger than tc, then con- (Xm) and monitoring variance (sm2). clude that there most likely has been a sig- For any set of data (X1, X2, . . ., Xn) the nificant increase in this specific parameter. mean is calculated by: If t* is less than tc, then conclude that most likely there has not been a change in this + ⋅⋅⋅+ specific parameter. XX12 Xn X = The t-statistic for testing pH and similar n monitoring parameters is constructed in the and the variance is calculated by: same manner as previously described except
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the negative sign (if any) is discarded and which result from mixing materials in one the caveat concerning the negative value is group with materials in another group. The ignored. The standard (two-tailed) tables are list is intended as a guide to owners or oper- used in the construction tc for pH and simi- ators of treatment, storage, and disposal fa- lar monitoring parameters. cilities, and to enforcement and permit If t* is equal to or larger than tc, then con- granting officials, to indicate the need for clude that there most likely has been a sig- special precautions when managing these po- nificant increase (if the initial t* had been tentially incompatible waste materials or negative, this would imply a significant de- components. crease). If t* is less than tc, then conclude This list is not intended to be exhaustive. that there most likely has been no change. An owner or operator must, as the regula- A further discussion of the test may be tions require, adequately analyze his wastes found in Statistical Methods (6th Edition, Sec- so that he can avoid creating uncontrolled tion 4.14) by G. W. Snedecor and W. G. Coch- substances or reactions of the type listed ran, or Principles and Procedures of Statistics below, whether they are listed below or not. (1st Edition, Section 5.8) by R. G. D. Steel It is possible for potentially incompatible and J. H. Torrie. wastes to be mixed in a way that precludes a reaction (e.g., adding acid to water rather STANDARD TÐTABLES 0.05 LEVEL OF than water to acid) or that neutralizes them SIGNIFICANCE (e.g., a strong acid mixed with a strong base), or that controls substances produced Degrees of freedom t-values t-values (e.g., by generating flammable gases in a (one-tail) (two-tail) closed tank equipped so that ignition cannot 1 ...... 6.314 12.706 occur, and burning the gases in an 2 ...... 2.920 4.303 incinerator). 3 ...... 2.353 3.182 In the lists below, the mixing of a Group A 4 ...... 2.132 2.776 material with a Group B material may have 5 ...... 2.015 2.571 the potential consequence as noted. 6 ...... 1.943 2.447 7 ...... 1.895 2.365 GROUP 1–A 8 ...... 1.860 2.306 9 ...... 1.833 2.262 Acetylene sludge 10 ...... 1.812 2.228 Alkaline caustic liquids 11 ...... 1.796 2.201 Alkaline cleaner 12 ...... 1.782 2.179 13 ...... 1.771 2.160 Alkaline corrosive liquids 14 ...... 1.761 2.145 Alkaline corrosive battery fluid 15 ...... 1.753 2.131 Caustic wastewater 16 ...... 1.746 2.120 Lime sludge and other corrosive alkalies 17 ...... 1.740 2.110 Lime wastewater 18 ...... 1.734 2.101 19 ...... 1.729 2.093 Lime and water 20 ...... 1.725 2.086 Spent caustic 21 ...... 1.721 2.080 22 ...... 1.717 2.074 GROUP 1–B 23 ...... 1.714 2.069 24 ...... 1.711 2.064 Acid sludge 25 ...... 1.708 2.060 Acid and water 30 ...... 1.697 2.042 Battery acid 40 ...... 1.684 2.021 Chemical cleaners Adopted from Table III of ‘‘Statistical Tables for Biological, Electrolyte, acid Agricultural, and Medical Research’’ (1947, R. A. Fisher and Etching acid liquid or solvent F. Yates). Pickling liquor and other corrosive acids Spent acid [47 FR 32367, July 26, 1982] Spent mixed acid Spent sulfuric acid APPENDIX V TO PART 264—EXAMPLES OF Potential consequences: Heat generation; POTENTIALLY INCOMPATIBLE WASTE violent reaction. Many hazardous wastes, when mixed with GROUP 2–A other waste or materials at a hazardous waste facility, can produce effects which are Aluminum harmful to human health and the environ- Beryllium ment, such as (1) heat or pressure, (2) fire or Calcium explosion, (3) violent reaction, (4) toxic Lithium dusts, mists, fumes, or gases, or (5) flam- Magnesium mable fumes or gases. Potassium Below are examples of potentially incom- Sodium patible wastes, waste components, and mate- Zinc powder rials, along with the harmful consequences Other reactive metals and metal hydrides
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GROUP 2–B Group 4–A wastes Other flammable and combustible wastes Any waste in Group 1–A or 1–B Potential consequences: Fire, explosion, or Potential consequences: Fire or explosion; violent reaction. generation of flammable hydrogen gas. SOURCE: ‘‘Law, Regulations, and Guidelines GROUP 3–A for Handling of Hazardous Waste.’’ California Department of Health, February 1975. Alcohols Water [46 FR 2872, Jan. 12, 1981]
GROUP 3–B APPENDIX VI TO PART 264—POLITICAL 1 Any concentrated waste in Groups 1–A or 1– JURISDICTIONS IN WHICH COMPLI- B ANCE WITH § 264.18(A) MUST BE DEM- Calcium ONSTRATED Lithium Metal hydrides ALASKA Potassium Aleutian Islands Kodiak SO2 Cl2, SOCl2, PCl3, CH3 SiCl3 Anchorage Lynn Canal-Icy Other water-reactive waste Bethel Straits Potential consequences: Fire, explosion, or Bristol Bay Palmer-Wasilla- heat generation; generation of flammable or Cordova-Valdez Talkeena toxic gases. Fairbanks-Fort Seward Yukon Sitka GROUP 4–A Juneau Wade Hampton Alcohols Kenai-Cook Inlet Wrangell Petersburg Aldehydes Ketchikan-Prince of Yukon-Kuskokwim Halogenated hydrocarbons Wales Nitrated hydrocarbons Unsaturated hydrocarbons ARIZONA Other reactive organic compounds and sol- Cochise Greenlee vents Graham Yuma GROUP 4–B CALIFORNIA Concentrated Group 1–A or 1–B wastes All Group 2–A wastes Potential consequences: Fire, explosion, or COLORADO violent reaction. Archuleta Mineral GROUP 5–A Conejos Rio Grande Hinsdale Saguache Spent cyanide and sulfide solutions HAWAII GROUP 5–B Hawaii Group 1–B wastes Potential consequences: Generation of IDAHO toxic hydrogen cyanide or hydrogen sulfide gas. Bannock Franklin Bear Lake Fremont GROUP 6–A Bingham Jefferson Chlorates Bonneville Madison Chlorine Caribou Oneida Chlorites Cassia Power Chromic acid Clark Teton Hypochlorites MONTANA Nitrates Nitric acid, fuming Beaverhead Deer Lodge Perchlorates Broadwater Flathead Permanganates Cascade Gallatin Peroxides Other strong oxidizers 1 These include counties, city-county con- solidations, and independent cities. In the GROUP 6–B case of Alaska, the political jurisdictions are Acetic acid and other organic acids election districts, and, in the case of Hawaii, Concentrated mineral acids the political jurisdiction listed is the island Group 2–A wastes of Hawaii. 415
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Granite Powell Sevier Wasatch Jefferson Sanders Summit Washington Lake Silver Bow Tooele Wayne Lewis and Clark Stillwater Utah Weber Madison Sweet Grass Meagher Teton WASHINGTON Missoula Wheatland Chelan Mason Park Clallam Okanogan Clark Pacific NEVADA Cowlitz Pierce All Douglas San Juan Islands Ferry Skagit NEW MEXICO Grant Skamania Bernalillo Sante Fe Grays Harbor Snohomish Catron Sierra Jefferson Thurston Grant Socorro King Wahkiakum Hidalgo Taos Kitsap Whatcom Los Alamos Torrance Kittitas Yakima Rio Arriba Valencia Lewis Sandoval WYOMING UTAH Fremont Teton Beaver Iron Lincoln Uinta Box Elder Juab Park Yellowstone National Cache Millard Sublette Park Carbon Morgan [46 FR 57285, Nov. 23, 1981; 47 FR 953, Jan. 8, Davis Piute 1982] Duchesne Rich Emery Salt Lake APPENDICES VII—VIII TO PART 264 Garfield Sanpete [RESERVED]
APPENDIX IX TO PART 264—GROUND-WATER MONITORING LIST 1
GROUND-WATER MONITORING LIST 1
Sug- gested PQL (µ Common name 2 CAS RN 3 Chemical abstracts service index name 4 meth- g/L) 6 ods 5
Acenaphthene ...... 83±32±9 Acenaphthylene, 1,2-dihydro- ...... 8100 200 8270 10 Acenaphthylene ...... 208±96±8 Acenaphthylene ...... 8100 200 8270 10 Acetone ...... 67±64±1 2-Propanone ...... 8240 100 Acetophenone ...... 98±86±2 Ethanone, 1-phenyl- ...... 8270 10 Acetonitrile; Methyl cyanide ...... 75±05±8 Acetonitrile ...... 8015 100 2-Acetylaminofluorene; 2-AAF ... 53±96±3 Acetamide, N-9H-fluoren-2-yl- ...... 8270 10 Acrolein ...... 107±02±8 2-Propenal ...... 8030 5 8240 5 Acrylonitrile ...... 107±13±1 2-Propenenitrile ...... 8030 5 8240 5 Aldrin ...... 309±00±2 1,4:5,8-Dimethanonaphthalene, 1,2,3,4,10,10- 8080 0.05 hexachloro- 1,4,4a,5,8,8a-hexahydro- (1α,4α, 4aβ, 8270 10 5α,8α,8aβ)- Allyl chloride ...... 107±05±1 1-Propene, 3-chloro- ...... 80105 8240 100 4-Aminobiphenyl ...... 92±67±1 [1,1′-Biphenyl]- 4-amine ...... 8270 10 Aniline ...... 62±53±3 Benzenamine ...... 8270 10 Anthracene ...... 120±12±7 Anthracene ...... 8100 200 8270 10 Antimony ...... (Total) Antimony ...... 6010 300 7040 2,000 7041 30 Aramite ...... 140±57±8 Sulfurous acid, 2-chloroethyl 2-[4-(1,1- 8270 10 dimethylethyl)phenoxy]-1-methylethyl ester. Arsenic ...... (Total) Arsenic ...... 6010 500 7060 10 7061 20 Barium ...... (Total) Barium ...... 6010 20 7080 1,000
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GROUND-WATER MONITORING LIST 1ÐContinued
Sug- gested PQL (µ Common name 2 CAS RN 3 Chemical abstracts service index name 4 meth- g/L) 6 ods 5
Benzene ...... 71±43±2 Benzene ...... 8020 2 8240 5 Benzo[a]anthracene; 56±55±3 Benz[a]anthracene ...... 8100 200 Benzanthracene. 8270 10 Benzo[b]fluoranthene ...... 205±99±2 Benz[e]acephenanthrylene ...... 8100 200 8270 10 Benzo[k]fluoranthene ...... 207±08±9 Benzo[k]fluoranthene ...... 8100 200 8270 10 Benzo[ghi]perylene ...... 191±24±2 Benzo[ghi]perylene ...... 8100 200 8270 10 Benzo[a]pyrene ...... 50±32±8 Benzo[a]pyrene ...... 8100 200 8270 10 Benzyl alcohol ...... 100±51±6 Benzenemethanol ...... 8270 20 Beryllium ...... (Total) Beryllium ...... 6010 3 7090 50 7091 2 alpha-BHC ...... 319±84±6 Cyclohexane, 1,2,3,4,5,6-hexachloro-,(1α, 2α,3β, 8080 0.05 4α,5β,6β)- 8250 10 beta-BHC ...... 319±85±7 Cyclohexane, 1,2,3,4,5,6-hexachloro-,(1α,2β, 3α,4β, 8080 0.05 5α,6β)- 8250 40 delta-BHC ...... 319±86±8 Cyclohexane, 1,2,3,4,5,6-hexachloro-,(1α,2α, 3α, 8080 0.1 4β,5α,6β)- 8250 30 gamma-BHC; Lindane ...... 58±89±9 Cyclohexane, 1,2,3,4,5,6-hexachloro-,(1α, 2α, 3β, 8080 0.05 4α,5α,6β)- 8250 10 Bis(2-chloroethoxy)methane ...... 111±91±1 Ethane, 1,1′-[methylenebis (oxy)]bis [2-chloro- ...... 8270 10 Bis(2-chloroethyl)ether ...... 111±44±4 Ethane, 1,1′-oxybis[2-chloro- ...... 8270 10 Bis(2-chloro-1-methylethyl) 108±60±1 Propane, 2,2′-oxybis[1-chloro- ...... 8010 100 ether; 2,2′-Di- 8270 10 chlorodiisopropyl ether. Bis(2-ethylhexyl) phthalate ...... 117±81±7 1,2-Benzenedicarboxylic acid, bis(2-ethylhexyl)ester 8060 20 8270 10 Bromodichloromethane ...... 75±27±4 Methane, bromodichloro- ...... 8010 1 8240 5 Bromoform; Tribromomethane ... 75±25±2 Methane, tribromo- ...... 8010 2 8240 5 4-Bromophenyl phenyl ether ...... 101±55±3 Benzene, 1-bromo-4-phenoxy- ...... 8270 10 Butyl benzyl phthalate; Benzyl 85±68±7 1,2-Benzenedicarboxylic acid, butyl phenylmethyl 8060 5 butyl phthalate ester. 8270 10 Cadmium ...... (Total) Cadmium ...... 6010 40 7130 50 7131 1 Carbon disulfide ...... 75±15±0 Carbon disulfide ...... 8240 5 Carbon tetrachloride ...... 56±23±5 Methane, tetrachloro- ...... 8010 1 8240 5 Chlordane ...... 57±74±9 4,7-Methano-1H-indene, 1,2,4,5,6,7,8,8-octachloro- 8080 0.1 2,3,3a,4,7,7a- hexahydro-. 8250 10 p-Chloroaniline ...... 106±47±8 Benzenamine, 4-chloro- ...... 8270 20 Chlorobenzene ...... 108±90±7 Benzene, chloro- ...... 8010 2 8020 2 8240 5 Chlorobenzilate ...... 510±15±6 Benzeneacetic acid, 4-chloro-α-(4-chlorophenyl)-α- 8270 10 hydroxy-, ethyl ester. p-Chloro-m-cresol ...... 59±50±7 Phenol, 4-chloro-3-methyl- ...... 8040 5 8270 20 Chloroethane; Ethyl chloride ...... 75±00±3 Ethane, chloro- ...... 8010 5 8240 10 Chloroform ...... 67±66±3 Methane, trichloro- ...... 80100.5 8240 5 2-Chloronaphthalene ...... 91±58±7 Naphthalene, 2-chloro- ...... 8120 10 8270 10 2-Chlorophenol ...... 95±57±8 Phenol, 2-chloro- ...... 8040 5 8270 10 4-Chlorophenyl phenyl ether ...... 7005±72±3 Benzene, 1-chloro-4-phenoxy- ...... 8270 10 Chloroprene ...... 126±99±8 1,3-Butadiene, 2-chloro- ...... 8010 50 8240 5 Chromium ...... (Total) Chromium ...... 6010 70
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GROUND-WATER MONITORING LIST 1ÐContinued
Sug- gested PQL (µ Common name 2 CAS RN 3 Chemical abstracts service index name 4 meth- g/L) 6 ods 5
7190 500 7191 10 Chrysene ...... 218±01±9 Chrysene ...... 8100 200 8270 10 Cobalt ...... (Total) Cobalt ...... 6010 70 7200 500 7201 10 Copper ...... (Total) Copper ...... 6010 60 7210 200 m-Cresol ...... 108±39±4 Phenol, 3-methyl- ...... 8270 10 o-Cresol ...... 95±48±7 Phenol, 2-methyl- ...... 8270 10 p-Cresol ...... 106±44±5 Phenol, 4-methyl- ...... 8270 10 Cyanide ...... 57±12±5 Cyanide ...... 9010 40 2,4-D; 2,4- 94±75±7 Acetic acid, (2,4-dichlorophenoxy)- ...... 8150 10 Dichlorophenoxyacetic acid. 4,4′-DDD ...... 72±54±8 Benzene 1,1′-(2,2-dichloroethylidene) bis[4-chloro- ... 8080 0.1 8270 10 4,4′-DDE ...... 72±55±9 Benzene, 1,1′-(dichloroethenylidene) bis[4-chloro- .... 8080 0.05 8270 10 4,4′-DDT ...... 50±29±3 Benzene, 1,1′-(2,2,2-trichloroethylidene) bis[4-chloro- 8080 0.1 8270 10 Diallate ...... 2303±16±4 Carbamothioic acid, bis(1-methylethyl)- , S- (2,3- 8270 10 dichloro-2-propenyl) ester. Dibenz[a,h]anthracene ...... 53±70±3 Dibenz[a,h]anthracene ...... 8100 200 8270 10 Dibenzofuran ...... 132±64±9 Dibenzofuran ...... 827010 Dibromochloromethane; 124±48±1 Methane, dibromochloro- ...... 8010 1 Chlorodibromomethane 8240 5 1,2-Dibromo-3-chloropropane; 96±12±8 Propane, 1,2-dibromo-3-chloro- ...... 8010 100 DBCP. 8240 5 8270 10 1,2-Dibromoethane; Ethylene 106±93±4 Ethane, 1,2-dibromo- ...... 8010 10 dibromide. 8240 5 Di-n-butyl phthalate ...... 84±74±2 1,2-Benzenedicarboxylic acid, dibutyl ester ...... 8060 5 8270 10 o-Dichlorobenzene ...... 95±50±1 Benzene, 1,2-dichloro- ...... 8010 2 8020 5 8120 10 8270 10 m-Dichlorobenzene ...... 541±73±1 Benzene, 1,3±dichloro± ...... 8010 5 8020 5 8120 10 8270 10 p-Dichlorobenzene ...... 106±46±7 Benzene, 1,4±dichloro± ...... 8010 2 8020 5 8120 15 8270 10 3,3′-Dichlorobenzidine ...... 91±94±1 [1,1′-Biphenyl]- 4,4′- diamine, 3,3′-dichloro- ...... 8270 20 trans-1,4-Dichloro-2-butene ...... 110±57±6 2-Butene, 1,4-dichloro-, (E)- ...... 8240 5 Dichlorodifluoromethane ...... 75±71±8 Methane, dichlorodifluoro- ...... 8010 10 8240 5 1,1-Dichloroethane ...... 75±34±3 Ethane, 1,1-dichloro- ...... 8010 1 8240 5 1,2-Dichloroethane; Ethylene di- 107±06±2 Ethane, 1,2-dichloro± ...... 8010 0.5 chloride. 8240 5 ... 1,1-Dichloroethylene; Vinylidene 75±35±4 Ethene, 1,1-dichloro- ...... 8010 1 chloride. 8240 5 trans-1,2-Dichloroethylene ...... 156±60±5 Ethene, 1,2-dichloro-, (E)- ...... 8010 1 8240 5 2,4-Dichlorophenol ...... 120±83±2 Phenol, 2,4-dichloro- ...... 8040 5 8270 10 2,6-Dichlorophenol ...... 87±65±0 Phenol, 2,6-dichloro- ...... 8270 10 1,2-Dichloropropane ...... 78±87±5 Propane, 1,2-dichloro- ...... 8010 0.5 8240 5 ... cis-1,3-Dichloropropene ...... 10061±01±5 1-Propene, 1,3-dichloro-, (Z)- ...... 8010 20 8240 5 trans-1,3-Dichloropropene ...... 10061±02±6 1-Propene, 1,3-dichloro-, (E)- ...... 8010 5 8240 5
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GROUND-WATER MONITORING LIST 1ÐContinued
Sug- gested PQL (µ Common name 2 CAS RN 3 Chemical abstracts service index name 4 meth- g/L) 6 ods 5
Dieldrin ...... 60±57±1 2,7:3,6-Dimethanonaphth [2,3-b]oxirene, 3,4,5,6,9,9- 8080 0.05 hexachloro- 1a,2,2a,3,6,6a,7,7a- octahydro-, 8270 10 (1aα,2β, 2aα, 3β,6β,6aα,7β,7aα)- Diethyl phthalate ...... 84±66±2 1,2-Benzenedicarboxylic acid, diethyl ester ...... 8060 5 8270 10 O,O-Diethyl O-2-pyrazinyl 297±97±2 Phosphorothioic acid, O,O-diethyl O-pyrazinyl ester 8270 10 phosphorothioate; Thionazin Dimethoate ...... 60±51±5 Phosphorodithioic acid, O,O-dimethyl S-[2- 8270 10 (methylamino)-2-oxoethyl] ester. p-(Dimethylamino)azobenzene .. 60±11±7 Benzenamine, N,N-dimethyl-4-(phenylazo)- ...... 8270 10 7,12-Dimethylbenz[a]anthracene 57±97±6 Benz[a]anthracene, 7,12-dimethyl- ...... 8270 10 3,3′-Dimethylbenzidine ...... 119±93±7 [1,1′-Biphenyl]-4,4′-diamine, 3,3′-dimethyl- ...... 8270 10 alpha, alpha- 122±09±8 Benzeneethanamine, α,α-dimethyl- ...... 8270 10 Dimethylphenethylamine. 2,4-Dimethylphenol ...... 105±67±9 Phenol, 2,4-dimethyl- ...... 8040 5 8270 10 Dimethyl phthalate ...... 131±11±3 1,2-Benzenedicarboxylic acid, dimethyl ester ...... 8060 5 8270 10 m-Dinitrobenzene ...... 99±65±0 Benzene, 1,3-dinitro- ...... 8270 10 4,6-Dinitro-o-cresol ...... 534±52±1 Phenol, 2-methyl-4,6-dinitro- ...... 8040 150 8270 50 2,4-Dinitrophenol ...... 51±28±5 Phenol, 2,4-dinitro- ...... 8040 150 8270 50 2,4-Dinitrotoluene ...... 121±14±2 Benzene, 1-methyl-2,4-dinitro- ...... 8090 0.2 8270 10 2,6-Dinitrotoluene ...... 606±20±2 Benzene, 2-methyl-1,3-dinitro- ...... 8090 0.1 8270 10 Dinoseb; DNBP; 2-sec-Butyl- 88±85±7 Phenol, 2-(1-methylpropyl)-4,6-dinitro- ...... 8150 1 4,6-dinitrophenol 8270 10 Di-n-octyl phthalate ...... 117±84±0 1,2-Benzenedicarboxylic acid, dioctyl ester ...... 8060 30 8270 10 1,4-Dioxane ...... 123±91±1 1,4-Dioxane ...... 8015 150 Diphenylamine ...... 122±39±4 Benzenamine, N-phenyl- ...... 8270 10 Disulfoton ...... 298±04±4 Phosphorodithioic acid, O,O-diethyl S-[2- 8140 2 (ethylthio)ethyl]ester 8270 10 Endosulfan I ...... 959±98±8 6,9-Methano-2,4,3-benzodioxathiepin, 6,7,8,9,10,10- 8080 0.1 hexachloro-1,5,5a,6,9,9a-hexahydro-, 3-oxide, 8250 10 (3α,5aβ,6α,9α,9aβ)-. Endosulfan II ...... 33213±65±9 6,9-Methano-2,4,3-benzodioxathiepin, 6,7,8,9,10,10- 8080 0.05 hexachloro- 1,5,5a,6,9,9a-hexahydro-, 3-oxide, (3α,5aα, 6β,9β, 9aα)- Endosulfan sulfate ...... 1031±07±8 6,9-Methano-2,4,3-benzodioxathiepin, 6,7,8,9,10,10- 8080 0.5 hexachloro- 1,5,5a,6,9,9a-hexahydro-, 3,3-dioxide. 8270 10 Endrin ...... 72±20±8 2,7:3,6-Dimethanonaphth[2,3-b]oxirene, 3,4,5,6,9,9- 8080 0.1 hexachloro- 1a,2,2a,3,6,6a,7,7a- octahydro-, (1aα, 8250 10 2β,2aβ, 3α,6α, 6aβ,7β, 7aα)- Endrin aldehyde ...... 7421±93±4 1,2,4-Methenocyclopenta[cd]pentalene- 5- 8080 0.2 carboxaldehyde, 2,2a,3,3,4,7- 8270 10 hexachlorodecahydro-, (1α,2β, 2aβ,4β, 4aβ,5β,6aβ,6bβ,7R*)- Ethylbenzene ...... 100±41±4 Benzene, ethyl- ...... 80202 8240 5 Ethyl methacrylate ...... 97±63±2 2-Propenoic acid, 2-methyl-, ethyl ester ...... 8015 10 8240 5 8270 10 Ethyl methanesulfonate ...... 62±50±0 Methanesulfonic acid, ethyl ester ...... 8270 10 Famphur ...... 52±85±7 Phosphorothioic acid, O-[4- 8270 10 [(dimethylamino)sulfonyl]phenyl]-O,O-dimethyl ester. Fluoranthene ...... 206±44±0 Fluoranthene ...... 8100 200 8270 10 Fluorene ...... 86±73±7 9H-Fluorene ...... 8100 200 8270 10 Heptachlor ...... 76±44±8 4,7-Methano-1H-indene, 1,4,5,6,7,8,8-heptachloro- 8080 0.05 3a,4,7,7a-tetrahydro- 8270 10 Heptachlor epoxide ...... 1024±57±3 2,5-Methano-2H-indeno[1,2-b]oxirene, 2,3,4,5,6,7,7- 8080 1 heptachloro-1a,1b,5,5a,6,6a,-hexahydro-, 8270 10 (1aα,1bβ,2α,5α,5aβ,6β,6aα) Hexachlorobenzene ...... 118±74±1 Benzene, hexachloro- ...... 8120 0.5 8270 10
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GROUND-WATER MONITORING LIST 1ÐContinued
Sug- gested PQL (µ Common name 2 CAS RN 3 Chemical abstracts service index name 4 meth- g/L) 6 ods 5
Hexachlorobutadiene ...... 87±68±3 1,3-Butadiene, 1,1,2,3,4,4-hexachloro- ...... 8120 5 8270 10 Hexachlorocyclopentadiene ...... 77±47±4 1,3-Cyclopentadiene, 1,2,3,4,5,5-hexachloro- ...... 8120 5 8270 10 Hexachloroethane ...... 67±72±1 Ethane, hexachloro- ...... 8120 0.5 8270 10 Hexachlorophene ...... 70±30±4 Phenol, 2,2′-methylenebis[3,4,6-trichloro- ...... 8270 10 Hexachloropropene ...... 1888±71±7 1±Propene, 1,1,2,3,3,3-hexachloro- ...... 8270 10 2-Hexanone ...... 591±78±6 2-Hexanone ...... 824050 Indeno(1,2,3-cd)pyrene ...... 193±39±5 Indeno[1,2,3-cd]pyrene ...... 8100 200 8270 10 Isobutyl alcohol ...... 78±83±1 1-Propanol, 2-methyl- ...... 8015 50 Isodrin ...... 465±73±6 1,4,5,8-Dimethanonaphthalene,1,2,3,4,10,10- 8270 10 hexachloro- 1,4,4a,5,8,8a hexahydro-(1α, 4α, 4aβ, 5β, 8β,8aβ)-. Isophorone ...... 78±59±1 2-Cyclohexen-1-one, 3,5,5-trimethyl- ...... 8090 60 8270 10 Isosafrole ...... 120±58±1 1,3-Benzodioxole, 5-(1-propenyl)- ...... 8270 10 Kepone ...... 143±50±0 1,3,4-Metheno-2H-cyclobuta- [cd]pentalen-2-one, 8270 10 1,1a,3,3a,4,5,5,5a,5b,6- decachlorooctahydro- Lead ...... (Total) Lead ...... 6010 40 7420 1,000 7421 10 Mercury ...... (Total) Mercury ...... 7470 2 Methacrylonitrile ...... 126±98±7 2-Propenenitrile, 2-methyl- ...... 8015 5 8240 5 Methapyrilene ...... 91±80±5 1,2,Ethanediamine, N,N-dimethyl-N′-2- pyridinyl- N′- 8270 10 (2-thienylmethyl)-. Methoxychlor ...... 72±43±5 Benzene, 1,1′-(2,2,2,trichloroethylidene)bis[4- 8080 2 methoxy-. 8270 10 Methyl bromide; Bromomethane 74±83±9 Methane, bromo- ...... 8010 20 8240 10 Methyl chloride; Chloromethane 74±87±3 Methane, chloro- ...... 8010 1 8240 10 3-Methylcholanthrene ...... 56±49±5 Benz[j]aceanthrylene, 1,2-dihydro-3-methyl- ...... 8270 10 Methylene bromide; 74±95±3 Methane, dibromo- ...... 8010 15 Dibromomethane. 8240 5 Methylene chloride; 75±09±2 Methane, dichloro- ...... 8010 5 Dichloromethane. 8240 5 Methyl ethyl ketone; MEK ...... 78±93±3 2-Butanone ...... 8015 10 8240 100 Methyl iodide; Iodomethane ...... 74±88±4 Methane, iodo- ...... 8010 40 8240 5 Methyl methacrylate ...... 80±62±6 2-Propenoic acid, 2-methyl-, methyl ester ...... 8015 2 8240 5 Methyl methanesulfonate ...... 66±27±3 Methanesulfonic acid, methyl ester ...... 8270 10 2-Methylnaphthalene ...... 91±57±6 Naphthalene, 2-methyl- ...... 8270 10 Methyl parathion; Parathion 298±00±0 Phosphorothioic acid, O,O-dimethyl O-(4-nitrophenyl) 8140 0.5 methyl. ester. 8270 10 4-Methyl-2-pentanone; Methyl 108±10±1 2-Pentanone, 4-methyl- ...... 8015 5 isobutyl ketone. 8240 50 Naphthalene ...... 91±20±3 Naphthalene ...... 8100 200 8270 10 1,4-Naphthoquinone ...... 130±15±4 1,4-Naphthalenedione ...... 8270 10 1-Naphthylamine ...... 134±32±7 1-Naphthalenamine ...... 8270 10 2-Naphthylamine ...... 91±59±8 2-Naphthalenamine ...... 8270 10 Nickel ...... (Total) Nickel ...... 6010 50 7520 400 o-Nitroaniline ...... 88±74±4 Benzenamine, 2-nitro- ...... 8270 50 m-Nitroaniline ...... 99±09±2 Benzenamine, 3-nitro- ...... 8270 50 p-Nitroaniline ...... 100±01±6 Benzenamine, 4-nitro- ...... 8270 50 Nitrobenzene ...... 98±95±3 Benzene, nitro- ...... 8090 40 8270 10 o-Nitrophenol ...... 88±75±5 Phenol, 2-nitro- ...... 8040 5 8270 10 p-Nitrophenol ...... 100±02±7 Phenol, 4-nitro- ...... 8040 10 8270 50 4-Nitroquinoline 1-oxide ...... 56±57±5 Quinoline, 4-nitro-, 1-oxide ...... 8270 10 N-Nitrosodi-n-butylamine ...... 924±16±3 1-Butanamine, N-butyl-N-nitroso- ...... 8270 10 N-Nitrosodiethylamine ...... 55±18±5 Ethanamine, N-ethyl-N-nitroso- ...... 8270 10
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GROUND-WATER MONITORING LIST 1ÐContinued
Sug- gested PQL (µ Common name 2 CAS RN 3 Chemical abstracts service index name 4 meth- g/L) 6 ods 5
N-Nitrosodimethylamine ...... 62±75±9 Methanamine, N-methyl-N-nitroso- ...... 8270 10 N-Nitrosodiphenylamine ...... 86±30±6 Benzenamine, N-nitroso-N-phenyl- ...... 8270 10 N-Nitrosodipropylamine; Di-n- 621±64±7 1-Propanamine, N-nitroso-N-propyl- ...... 8270 10 propylnitrosamine. N-Nitrosomethylethylamine ...... 10595±95±6 Ethanamine, N-methyl-N-nitroso- ...... 8270 10 N-Nitrosomorpholine ...... 59±89±2 Morpholine, 4-nitroso- ...... 8270 10 N-Nitrosopiperidine ...... 100±75±4 Piperidine, 1-nitroso- ...... 8270 10 N-Nitrosopyrrolidine ...... 930±55±2 Pyrrolidine, 1-nitroso- ...... 8270 10 5-Nitro-o-toluidine ...... 99±55±8 Benzenamine, 2-methyl-5-nitro- ...... 8270 10 Parathion ...... 56±38±2 Phosphorothioic acid, O,O-diethyl-O-(4-nitrophenyl) 8270 10 ester Polychlorinated biphenyls; PCBs See Note 7 1,1′-Biphenyl, chloro derivatives ...... 8080 50 8250 100 Polychlorinated dibenzo-p- See Note 8 Dibenzo[b,e][1,4]dioxin, chloro derivatives ...... 8280 0.01 dioxins; PCDDs. Polychlorinated dibenzofurans; See Note 9 Dibenzofuran, chloro derivatives ...... 8280 0.01 PCDFs. Pentachlorobenzene ...... 608±93±5 Benzene, pentachloro- ...... 8270 10 Pentachloroethane ...... 76±01±7 Ethane, pentachloro- ...... 8240 5 8270 10 Pentachloronitrobenzene ...... 82±68±8 Benzene, pentachloronitro- ...... 8270 10 Pentachlorophenol ...... 87±86±5 Phenol, pentachloro- ...... 8040 5 8270 50 Phenacetin ...... 62±44±2 Acetamide, N-(4-ethoxyphenyl) ...... 8270 10 Phenanthrene ...... 85±01±8 Phenanthrene ...... 8100 200 8270 10 Phenol ...... 108±95±2 Phenol ...... 8040 1 8270 10 p-Phenylenediamine ...... 106±50±3 1,4-Benzenediamine ...... 8270 10 Phorate ...... 298±02±2 Phosphorodithioic acid, O,O-diethyl S- 8140 2 [(ethylthio)methyl] ester 8270 10 2-Picoline ...... 109±06±8 Pyridine, 2-methyl- ...... 8240 5 8270 10 Pronamide ...... 23950±58±5 Benzamide, 3,5-dichloro-N-(1,1-dimethyl-2-propynyl)- 8270 10 Propionitrile; Ethyl cyanide ...... 107±12±0 Propanenitrile ...... 8015 60 8240 5 Pyrene ...... 129±00±0 Pyrene ...... 8100 200 8270 10 Pyridine ...... 110±86±1 Pyridine ...... 8240 5 8270 10 Safrole ...... 94±59±7 1,3-Benzodioxole, 5-(2-propenyl)- ...... 8270 10 Selenium ...... (Total) Selenium ...... 6010 750 7740 20 7741 20 Silver ...... (Total) Silver ...... 6010 70 7760 100 Silvex; 2,4,5-TP ...... 93±72±1 Propanoic acid, 2-(2,4,5-trichlorophenoxy)- ...... 8150 2 Styrene ...... 100±42±5 Benzene, ethenyl- ...... 8020 1 8240 5 Sulfide ...... 18496±25±8 Sulfide ...... 9030 10,000 2,4,5-T; 2,4,5- 93±76±5 Acetic acid, (2,4,5- trichlorophenoxy)- ...... 8150 2 Trichlorophenoxyacetic acid. 2,3,7,8-TCDD; 2,3,7,8- 1746±01±6 Dibenzo[b,e][1,4]dioxin, 2,3,7,8-tetrachloro- ...... 8280 0.005 Tetrachlorodibenzo-p- dioxin 1,2,4,5-Tetrachlorobenzene ...... 95±94±3 Benzene, 1,2,4,5-tetrachloro- ...... 8270 10 1,1,1,2-Tetrachloroethane ...... 630±20±6 Ethane, 1,1,1,2-tetrachloro- ...... 8010 5 8240 5 1,1,2,2-Tetrachloroethane ...... 79±34±5 Ethane, 1,1,2,2-tetrachloro- ...... 8010 0.5 8240 5 ... Tetrachloroethylene; 127±18±4 Ethene, tetrachloro- ...... 8010 0.5 Perchloroethylene; 8240 5 ... Tetrachloroethene. 2,3,4,6-Tetrachlorophenol ...... 58±90±2 Phenol, 2,3,4,6-tetrachloro- ...... 8270 10 Tetraethyl dithiopyrophosphate; 3689±24±5 Thiodiphosphoric acid ([(HO)2 P(S)]2 O), tetraethyl 8270 10 Sulfotepp. ester Thallium ...... (Total) Thallium ...... 6010 400 7840 1,000 7841 10 Tin ...... (Total) Tin ...... 7870 8,000 Toluene ...... 108±88±3 Benzene, methyl- ...... 8020 2
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GROUND-WATER MONITORING LIST 1ÐContinued
Sug- gested PQL (µ Common name 2 CAS RN 3 Chemical abstracts service index name 4 meth- g/L) 6 ods 5
8240 5 o-Toluidine ...... 95±53±4 Benzenamine, 2-methyl- ...... 8270 10 Toxaphene ...... 8001±35±2 Toxaphene ...... 8080 2 8250 10 1,2,4-Trichlorobenzene ...... 120±82±1 Benzene, 1,2,4-trichloro- ...... 8270 10 1,1,1-Trichloroethane; 71±55±6 Ethane, 1,1,1-trichloro- ...... 8240 5 Methylchloroform. 1,1,2-Trichloroethane ...... 79±00±5 Ethane, 1,1,2-trichloro- ...... 8010 0.2 8240 5 Trichloroethylene; 79±01±6 Ethene, trichloro- ...... 8010 1 Trichloroethene. 8240 5 Trichlorofluoromethane ...... 75±69±4 Methane, trichlorofluoro- ...... 8010 10 8240 5 2,4,5-Trichlorophenol ...... 95±95±4 Phenol, 2,4,5-trichloro- ...... 8270 10 2,4,6-Trichlorophenol ...... 88±06±2 Phenol, 2,4,6-trichloro- ...... 8040 5 8270 10 1,2,3-Trichloropropane ...... 96±18±4 Propane, 1,2,3-trichloro- ...... 8010 10 8240 5 O,O,O-Triethyl phosphorothioate 126±68±1 Phosphorothioic acid, O,O,O-triethyl ester ...... 8270 10 sym-Trinitrobenzene ...... 99±35±4 Benzene, 1,3,5-trinitro- ...... 8270 10 Vanadium ...... (Total) Vanadium ...... 6010 80 7910 2,000 7911 40 Vinyl acetate ...... 108±05±4 Acetic acid, ethenyl ester ...... 8240 5 Vinyl chloride ...... 75±01±4 Ethene, chloro- ...... 8010 2 8240 10 Xylene (total) ...... 1330±20±7 Benzene, dimethyl- ...... 80205 8240 5 Zinc ...... (Total) Zinc ...... 6010 20 7950 50 1 The regulatory requirements pertain only to the list of substances; the right hand columns (Methods and PQL) are given for informational purposes only. See also footnotes 5 and 6. 2 Common names are those widely used in government regulations, scientific publications, and commerce; synonyms exist for many chemicals. 3 Chemical Abstracts Service registry number. Where ‘‘Total’’ is entered, all species in the ground water that contain this ele- ment are included. 4 CAS index names are those used in the 9th Cumulative Index. 5 Suggested methods refer to analytical procedure numbers used in the EPA publication, SW±846, ‘‘Test Methods for Evalu- ating Solid Waste’’, Third Edition. Analytical details can be found in SW±846 and in documentation on file at the Agency. The packed column gas chromatography methods 8010, 8020, 8030, 8040, 8060, 8080, 8090, 8110, 8120, 8140, 8150, 8240, and 8250 were promulgated methods through Update IIB of SW±846 and, as of Update III, the Agency has replaced these methods with ‘‘capillary column GC methods’’, as the suggested methods. 6 Practical Quantitation Limits (PQLs) are the lowest concentrations of analytes in ground waters that can be reliably deter- mined within specified limits of precision and accuracy by the indicated methods under routine laboratory operating conditions. The PQLs listed are generally stated to one significant figure. CAUTION: The PQL values in many cases are based only on a general estimate for the method and not on a determination for individual compounds; PQLs are not a part of the regulation. 7 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). The PQL shown is an average value for PCB congeners. 8 This category contains congener chemicals, including tetrachlorodibenzo-p-dioxins (see also 2,3,7,8-TCDD), pentachlorodibenzo-p-dioxins, and hexachlorodibenzo-p-dioxins. The PQL shown is an average value for PCDD congeners. 9 This category contains congener chemicals, including tetrachlorodibenzofurans, pentachlorodibenzofurans, and hexachlorodibenzofurans. The PQL shown is an average value for PCDF congeners. [52 FR 25947, July 9, 1987, as amended at 62 FR 32462, June 13, 1997]
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PART 265—INTERIM STATUS STAND- Subpart F—Ground-Water Monitoring ARDS FOR OWNERS AND OPERA- 265.90 Applicability. TORS OF HAZARDOUS WASTE 265.91 Ground-water monitoring system. TREATMENT, STORAGE, AND DIS- 265.92 Sampling and analysis. 265.93 Preparation, evaluation, and re- POSAL FACILITIES sponse. 265.94 Recordkeeping and reporting. Subpart A—General Subpart G—Closure and Post-Closure Sec. 265.1 Purpose, scope, and applicability. 265.110 Applicability. 265.2—265.3 [Reserved] 265.111 Closure performance standard. 265.4 Imminent hazard action. 265.112 Closure plan; amendment of plan. 265.113 Closure; time allowed for closure. Subpart B—General Facility Standards 265.114 Disposal or decontamination of equipment, structures and soils. 265.10 Applicability. 265.115 Certification of closure. 265.11 Identification number. 265.116 Survey plat. 265.12 Required notices. 265.117 Post-closure care and use of prop- 265.13 General waste analysis. erty. 265.14 Security. 265.118 Post-closure plan; amendment of 265.15 General inspection requirements. plan. 265.16 Personnel training. 265.119 Post-closure notices. 265.17 General requirements for ignitable, 265.120 Certification of completion of post- reactive, or incompatible wastes. closure care. 265.18 Location standards. 265.121 Post-closure requirements for facili- 265.19 Construction quality assurance pro- ties that obtain enforceable documents gram. in lieu of post-closure permits.
Subpart C—Preparedness and Prevention Subpart H—Financial Requirements 265.30 Applicability. 265.140 Applicability. 265.31 Maintenance and operation of facil- 265.141 Definitions of terms as used in this ity. subpart. 265.32 Required equipment. 265.142 Cost estimate for closure. 265.33 Testing and maintenance of equip- 265.143 Financial assurance for closure. ment. 265.144 Cost estimate for post-closure care. 265.34 Access to communications or alarm 265.145 Financial assurance for post-closure system. care. 265.35 Required aisle space. 265.146 Use of a mechanism for financial as- 265.36 [Reserved] surance of both closure and post-closure 265.37 Arrangements with local authorities. care. 265.147 Liability requirements. Subpart D—Contingency Plan and 265.148 Incapacity of owners or operators, Emergency Procedures guarantors, or financial institutions. 265.149 Use of State-required mechanisms. 265.50 Applicability. 265.150 State assumption of responsibility. 265.51 Purpose and implementation of con- tingency plan. Subpart I—Use and Management of 265.52 Content of contingency plan. 265.53 Copies of contingency plan. Containers 265.54 Amendment of contingency plan. 265.170 Applicability. 265.55 Emergency coordinator. 265.171 Condition of containers. 265.56 Emergency procedures. 265.172 Compatibility of waste with con- tainer. Subpart E—Manifest System, 265.173 Management of containers. Recordkeeping, and Reporting 265.174 Inspections. 265.175 [Reserved] 265.70 Applicability. 265.176 Special requirements for ignitable or 265.71 Use of manifest system. reactive waste. 265.72 Manifest discrepancies. 265.177 Special requirements for incompat- 265.73 Operating record. ible wastes. 265.74 Availability, retention, and disposi- 265.178 Air emission standards. tion of records. 265.75 Biennial report. Subpart J—Tank Systems 265.76 Unmanifested waste report. 265.77 Additional reports. 265.190 Applicability.
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265.191 Assessment of existing tank sys- 265.280 Closure and post-closure. tem’s integrity. 265.281 Special requirements for ignitable or 265.192 Design and installation of new tank reactive waste. systems or components. 265.282 Special requirements for incompat- 265.193 Containment and detection of re- ible wastes. leases. 265.194 General operating requirements. Subpart N—Landfills 265.195 Inspections. 265.196 Response to leaks or spills and dis- 265.300 Applicability. position of leaking or unfit-for-use tank 265.301 Design and operating requirements. systems. 265.302 Action leakage rate. 265.197 Closure and post-closure care. 265.303 Response actions. 265.198 Special requirements for ignitable or 265.304 Monitoring and inspection. reactive wastes. 265.305—265.308 [Reserved] 265.199 Special requirements for incompat- 265.309 Surveying and recordkeeping. ible wastes. 265.310 Closure and post-closure care. 265.200 Waste analysis and trial tests. 265.311 [Reserved] 265.201 Special requirements for generators 265.312 Special requirements for ignitable or of between 100 and 1,000 kg/mo that accu- reactive waste. mulate hazardous waste in tanks. 265.313 Special requirements for incompat- 265.202 Air emission standards. ible wastes. 265.314 Special requirements for bulk and Subpart K—Surface Impoundments containerized liquids. 265.315 Special requirements for containers. 265.220 Applicability. 265.316 Disposal of small containers of haz- 265.221 Design and operating requirements. ardous waste in overpacked drums (lab 265.222 Action leakage rate. packs). 265.223 Containment system. 265.223 Response actions. Subpart O—Incinerators 265.224 [Reserved] 265.225 Waste analysis and trial tests. 265.340 Applicability. 265.226 Monitoring and inspection. 265.341 Waste analysis. 265.227 [Reserved] 265.342—265.344 [Reserved] 265.228 Closure and post-closure care. 265.345 General operating requirements. 265.229 Special requirements for ignitable or 265.346 [Reserved] reactive waste. 265.347 Monitoring and inspections. 265.230 Special requirements for incompat- 265.348—265.350 [Reserved] ible wastes. 265.351 Closure. 265.231 Air emission standards. 265.352 Interim status incinerators burning particular hazardous wastes. Subpart L—Waste Piles 265.353—265.369 [Reserved] 265.250 Applicability. Subpart P—Thermal Treatment 265.251 Protection from wind. 265.252 Waste analysis. 265.370 Other thermal treatment. 265.253 Containment. 265.371—265.372 [Reserved] 265.254 Design and operating requirements. 265.373 General operating requirements. 265.255 Action leakage rates. 265.374 [Reserved] 265.256 Special requirements for ignitable or 265.375 Waste analysis. reactive waste. 265.376 [Reserved] 265.257 Special requirements for incompat- 265.377 Monitoring and inspections. ible wastes. 265.378—265.380 [Reserved] 265.258 Closure and post-closure care. 265.381 Closure. 265.259 Response actions. 265.382 Open burning; waste explosives. 265.260 Monitoring and inspection. 265.383 Interim status thermal treatment devices burning particular hazardous Subpart M—Land Treatment waste. 265.270 Applicability. Subpart Q—Chemical, Physical, and 265.271 [Reserved] Biological Treatment 265.272 General operating requirements. 265.273 Waste analysis. 265.400 Applicability. 265.274—265.275 [Reserved] 265.401 General operating requirements. 265.276 Food chain crops. 265.402 Waste analysis and trial tests. 265.277 [Reserved] 265.403 Inspections. 265.278 Unsaturated zone (zone of aeration) 265.404 Closure. monitoring. 265.405 Special requirements for ignitable or 265.279 Recordkeeping. reactive waste.
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265.406 Special requirements for incompat- Subpart CC—Air Emission Standards for ible wastes. Tanks, Surface Impoundments, and Containers Subpart R—Underground Injection 265.1080 Applicability. 265.430 Applicability. 265.1081 Definitions. 265.1082 Schedule for implementation of air Subparts S—V [Reserved] emission standards. 265.1083 Standards: General. Subpart W—Drip Pads 265.1084 Waste determination procedures. 265.440 Applicability. 265.1085 Standards: Tanks. 265.441 Assessment of existing drip pad in- 265.1086 Standards: Surface impoundments. tegrity. 265.1087 Standards: Containers. 265.442 Design and installation of new drip 265.1088 Standards: Closed-vent systems and pads. control devices. 265.443 Design and operating requirements. 265.1089 Inspection and monitoring require- 265.444 Inspections. ments. 265.445 Closure. 265.1090 Recordkeeping requirements. 265.1091 [Reserved] Subparts X—Z [Reserved] Subpart DD—Containment Buildings Subpart AA—Air Emission Standards for 265.1100 Applicability. Process Vents 265.1101 Design and operating standards. 265.1102 Closure and post-closure care. 265.1030 Applicability. 265.1103—265.1110 [Reserved] 265.1031 Definitions. 265.1032 Standards: Process vents. Subpart EE—Hazardous Waste Munitions 265.1033 Standards: Closed-vent systems and control devices. and Explosives Storage 265.1034 Test methods and procedures. 265.1200 Applicability. 265.1035 Recordkeeping requirements. 265.1201 Design and operating standards. 265.1036—265.1049 [Reserved] 265.1202 Closure and post-closure care.
Subpart BB—Air Emission Standards for APPENDICES TO PART 265 Equipment Leaks APPENDIX I—RECORDKEEPING INSTRUCTIONS 265.1050 Applicability. APPENDIX II [RESERVED] 265.1051 Definitions. APPENDIX III—EPA INTERIM PRIMARY DRINK- 265.1052 Standards: Pumps in light liquid ING WATER STANDARDS service. APPENDIX IV—TESTS FOR SIGNIFICANCE 265.1053 Standards: Compressors. APPENDIX V—EXAMPLES OF POTENTIALLY IN- 265.1054 Standards: Pressure relief devices COMPATIBLE WASTE in gas/vapor service. APPENDIX VI—COMPOUNDS WITH HENRY’S LAW 265.1055 Standards: Sampling connection CONSTANT LESS THAN 0.1 Y/X systems. AUTHORITY: 42 U.S.C. 6905, 6906, 6912, 6922, 265.1056 Standards: Open-ended valves or 6923, 6924, 6925, 6935, 6936, and 6937, unless oth- lines. erwise noted. 265.1057 Standards: Valves in gas/vapor serv- ice or in light liquid service. SOURCE: 45 FR 33232, May 19, 1980, unless 265.1058 Standards: Pumps and valves in otherwise noted. heavy liquid service, pressure relief de- vices in light liquid or heavy liquid serv- ice, and flanges and other connectors. Subpart A—General 265.1059 Standards: Delay of repair. 265.1060 Standards: Closed-vent systems and § 265.1 Purpose, scope, and applica- control devices. bility. 265.1061 Alternative standards for valves in (a) The purpose of this part is to es- gas/vapor service or in light liquid serv- tablish minimum national standards ice: percentage of valves allowed to leak. that define the acceptable management 265.1062 Alternative standards for valves in of hazardous waste during the period of gas/vapor service or in light liquid serv- interim status and until certification ice: skip period leak detection and re- pair. of final closure or, if the facility is sub- 265.1063 Test methods and procedures. ject to post-closure requirements, until 265.1064 Recordkeeping requirements. post-closure responsibilities are ful- 265.1065—265.1079 [Reserved] filled.
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(b) Except as provided in § 265.1080(b), person under part 122 of this chapter, or are the standards of this part, and of 40 required by § 144.14 of this chapter.] CFR 264.552, 264.553, and 264.554, apply (4) A person who treats, stores, or to owners and operators of facilities disposes of hazardous waste in a State that treat, store or dispose of haz- with a RCRA hazardous waste program ardous waste who have fully complied authorized under subpart A or B of part with the requirements for interim sta- 271 of this chapter, except that the re- tus under section 3005(e) of RCRA and quirements of this part will continue § 270.10 of this chapter until either a to apply: permit is issued under section 3005 of (i) As stated in paragraph (c)(2) of RCRA or until applicable part 265 clo- this section, if the authorized State sure and post-closure responsibilities RCRA program does not cover disposal are fulfilled, and to those owners and of hazardous waste by means of under- operators of facilities in existence on ground injection; or November 19, 1980 who have failed to (ii) To a person who treats, stores, or provide timely notification as required disposes of hazardous waste in a State by section 3010(a) of RCRA and/or failed authorized under subpart A or B of part to file Part A of the permit application 271 of this chapter if the State has not as required by 40 CFR 270.10 (e) and (g). been authorized to carry out the re- These standards apply to all treat- quirements and prohibitions applicable ment, storage and disposal of haz- to the treatment, storage, or disposal ardous waste at these facilities after of hazardous waste at his facility the effective date of these regulations, which are imposed pursuant to the except as specifically provided other- Hazardous and Solid Waste Act Amend- wise in this part or part 261 of this ments of 1984. The requirements and chapter. prohibitions that are applicable until a [Comment: As stated in section 3005(a) of State receives authorization to carry RCRA, after the effective date of regulations them out include all Federal program under that section (i.e., parts 270 and 124 of requirements identified in § 271.1(j); this chapter), the treatment, storage and dis- (5) The owner or operator of a facility posal of hazardous waste is prohibited except permitted, licensed, or registered by a in accordance with a permit. Section 3005(e) State to manage municipal or indus- of RCRA provides for the continued oper- trial solid waste, if the only hazardous ation of an existing facility that meets cer- waste the facility treats, stores, or dis- tain conditions, until final administrative disposition of the owner’s and operator’s per- poses of is excluded from regulation mit application is made.] under this part by § 261.5 of this chap- ter; (c) The requirements of this part do (6) The owner or operator of a facility not apply to: managing recyclable materials de- (1) A person disposing of hazardous scribed in § 261.6 (a)(2), (3), and (4) of waste by means of ocean disposal sub- this chapter (except to the extent they ject to a permit issued under the Ma- are referred to in part 279 or subparts rine Protection, Research, and Sanc- C, D, F, or G of part 266 of this chap- tuaries Act; ter). [Comment: These part 265 regulations do (7) A generator accumulating waste apply to the treatment or storage of haz- on-site in compliance with § 262.34 of ardous waste before it is loaded onto an this chapter, except to the extent the ocean vessel for incineration or disposal at requirements are included in § 262.34 of sea, as provided in paragraph (b) of this sec- this chapter; tion.] (8) A farmer disposing of waste pes- (2) [Reserved] ticides from his own use in compliance (3) The owner or operator of a POTW with § 262.70 of this chapter; or which treats, stores, or disposes of haz- (9) The owner or operator of a totally ardous waste; enclosed treatment facility, as defined in § 260.10. [Comment: The owner or operator of a facility under paragraphs (c)(1) through (3) of this (10) The owner or operator of an ele- section is subject to the requirements of part mentary neutralization unit or a 264 of this chapter to the extent they are in- wastewater treatment unit as defined cluded in a permit by rule granted to such a in § 260.10 of this chapter, provided that
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if the owner or operator is diluting haz- ing military munitions, the responding ardous ignitable (D001) wastes (other military emergency response special- than the D001 High TOC Subcategory ist’s organizational unit must retain defined in § 268.40 of this chapter, Table records for three years identifying the Treatment Standards for Hazardous dates of the response, the responsible Wastes), or reactive (D003) waste, to re- persons responding, the type and de- move the characteristic before land scription of material addressed, and its disposal, the owner/operator must com- disposition. ply with the requirements set out in (12) A transporter storing manifested § 265.17(b). shipments of hazardous waste in con- (11)(i) Except as provided in para- tainers meeting the requirements of 40 graph (c)(11)(ii) of this section, a per- CFR 262.30 at a transfer facility for a son engaged in treatment or con- period of ten days or less. tainment activities during immediate (13) The addition of absorbent mate- response to any of the following rial to waste in a container (as defined situations: in § 260.10 of this chapter) or the addi- (A) A discharge of a hazardous waste; tion of waste to the absorbent material (B) An imminent and substantial in a container provided that these ac- threat of a discharge of a hazardous tions occur at the time waste is first waste; placed in the containers; and (C) A discharge of a material which, when discharged, becomes a hazardous §§ 265.17(b), 265.171, and 265.172 are com- waste. plied with. (D) An immediate threat to human (14) Universal waste handlers and health, public safety, property, or the universal waste transporters (as de- environment, from the known or sus- fined in 40 CFR 260.10) handling the pected presence of military munitions, wastes listed below. These handlers are other explosive material, or an explo- subject to regulation under 40 CFR sive device, as determined by an explo- part 273, when handling the below list- sive or munitions emergency response ed universal wastes. specialist as defined in 40 CFR 260.10. (i) Batteries as described in 40 CFR (ii) An owner or operator of a facility 273.2; otherwise regulated by this part must (ii) Pesticides as described in § 273.3 comply with all applicable require- of this chapter; ments of subparts C and D. (iii) Thermostats as described in (iii) Any person who is covered by § 273.4 of this chapter; and paragraph (c)(11)(i) of this section and (iv) Lamps as described in § 273.5 of who continues or initiates hazardous this chapter. waste treatment or containment ac- (15) A New York State Utility central tivities after the immediate response is collection facility consolidating haz- over is subject to all applicable re- ardous waste in accordance with 40 quirements of this part and parts 122 CFR 262.90. through 124 of this chapter for those (d) The following hazardous wastes activities. must not be managed at facilities sub- (iv) In the case of an explosives or ject to regulation under this part. munitions emergency response, if a Federal, State, Tribal or local official (1) EPA Hazardous Waste Nos. FO20, acting within the scope of his or her of- FO21, FO22, FO23, FO26, or FO27 unless: ficial responsibilities, or an explosives (i) The wastewater treatment sludge or munitions emergency response spe- is generated in a surface impoundment cialist, determines that immediate re- as part of the plant’s wastewater treat- moval of the material or waste is nec- ment system; essary to protect human health or the (ii) The waste is stored in tanks or environment, that official or specialist containers; may authorize the removal of the ma- (iii) The waste is stored or treated in terial or waste by transporters who do waste piles that meet the requirements not have EPA identification numbers of § 264.250(c) as well as all other appli- and without the preparation of a mani- cable requirements of subpart L of this fest. In the case of emergencies involv- part;
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(iv) The waste is burned in inciner- § 265.12 Required notices. ators that are certified pursuant to the (a)(1) The owner or operator of a fa- standards and procedures in § 265.352; or cility that has arranged to receive haz- (v) The waste is burned in facilities ardous waste from a foreign source that thermally treat the waste in a de- must notify the Regional Adminis- vice other than an incinerator and that trator in writing at least four weeks in are certified pursuant to the standards advance of the date of the waste is ex- and procedures in § 265.383. pected to arrive at the facility. Notice (e) The requirements of this part of subsequent shipments of the same apply to owners or operators of all fa- waste from the same foreign source is cilities which treat, store or dispose of not required. hazardous waste referred to in 40 CFR (2) The owner or operator of a recov- part 268, and the 40 CFR part 268 stand- ery facility that has arranged to re- ards are considered material conditions ceive hazardous waste subject to 40 or requirements of the part 265 interim CFR part 262, subpart H must provide a status standards. copy of the tracking document bearing (f) Section 266.205 of this chapter all required signatures to the notifier, identifies when the requirements of to the Office of Enforcement and Com- this part apply to the storage of mili- pliance Assurance, Office of Compli- tary munitions classified as solid waste ance, Enforcement Planning, Targeting and Data Division (2222A), Environ- under § 266.202 of this chapter. The mental Protection Agency, 401 M St., treatment and disposal of hazardous SW., Washington, DC 20460 and to the waste military munitions are subject competent authorities of all other con- to the applicable permitting, proce- cerned countries within three working dural, and technical standards in 40 days of receipt of the shipment. The CFR parts 260 through 270. original of the signed tracking docu- [45 FR 33232, May 19, 1980] ment must be maintained at the facil- ity for at least three years. EDITORIAL NOTE: For FEDERAL REGISTER ci- (b) Before transferring ownership or tations affecting § 265.1, see the List of CFR operation of a facility during its oper- Sections Affected in the Finding Aids sec- tion of this volume. ating life, or of a disposal facility dur- ing the post-closure care period, the §§ 265.2—265.3 [Reserved] owner or operator must notify the new owner or operator in writing of the re- § 265.4 Imminent hazard action. quirements of this part and part 270 of this chapter. (Also see § 270.72 of this Notwithstanding any other provi- chapter.) sions of these regulations, enforcement actions may be brought pursuant to [Comment: An owner’s or operator’s failure to section 7003 of RCRA. notify the new owner or operator of the re- quirements of this part in no way relieves the new owner or operator of his obligation Subpart B—General Facility to comply with all applicable requirements.] Standards [45 FR 33232, May 19, 1980, as amended at 48 FR 14295, Apr. 1, 1983; 50 FR 4514, Jan. 31, § 265.10 Applicability. 1985; 61 FR 16315, Apr. 12, 1996] The regulations in this subpart apply to owners and operators of all haz- § 265.13 General waste analysis. ardous waste facilities, except as § 265.1 (a)(1) Before an owner or operator provides otherwise. treats, stores, or disposes of any haz- ardous wastes, or nonhazardous wastes § 265.11 Identification number. if applicable under § 265.113(d), he must obtain a detailed chemical and phys- Every facility owner or operator ical analysis of a representative sample must apply to EPA for an EPA identi- of the wastes. At a minimum, the anal- fication number in accordance with the ysis must contain all the information EPA notification procedures (45 FR which must be known to treat, store, 12746). or dispose of the waste in accordance
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with this part and part 268 of this (1) The parameters for which each chapter. hazardous waste, or non-hazardous (2) The analysis may include data waste if applicable under § 265.113(d), developed under part 261 of this chap- will be analyzed and the rationale for ter, and existing published or docu- the selection of these parameters (i.e., mented data on the hazardous waste or how analysis for these parameters will on waste generated from similar proc- provide sufficient information on the esses. waste’s properties to comply with para- graph (a) of this section); Comment: For example, the facility’s records (2) The test methods which will be of analyses performed on the waste before used to test for these parameters; the effective date of these regulations, or studies conducted on hazardous waste gen- (3) The sampling method which will erated from processes similar to that which be used to obtain a representative sam- generated the waste to be managed at the fa- ple of the waste to be analyzed. A rep- cility, may be included in the data base re- resentative sample may be obtained quired to comply with paragraph (a)(1) of using either: this section. The owner or operator of an off- (i) One of the sampling methods de- site facility may arrange for the generator of scribed in appendix I of part 261 of this the hazardous waste to supply part of the in- chapter; or formation required by paragraph (a)(1) of this section, except as otherwise specified in (ii) An equivalent sampling method. 40 CFR 268.7 (b) and (c). If the generator does [Comment: See § 260.20(c) of this chapter for not supply the information, and the owner or related discussion.] operator chooses to accept a hazardous waste, the owner or operator is responsible (4) The frequency with which the ini- for obtaining the information required to tial analysis of the waste will be re- comply with this section.] viewed or repeated to ensure that the analysis is accurate and up to date; (3) The analysis must be repeated as (5) For off-site facilities, the waste necessary to ensure that it is accurate analyses that hazardous waste genera- and up to date. At a minimum, the tors have agreed to supply; and analysis must be repeated: (6) Where applicable, the methods (i) When the owner or operator is no- that will be used to meet the addi- tified, or has reason to believe, that tional waste analysis requirements for the process or operation generating the specific waste management methods as hazardous wastes or non-hazardous specified in §§ 265.200, 265.225, 265.252, wastes, if applicable, under § 265.113(d) 265.273, 265.314, 265.341, 265.375, 265.402, has changed; and 265.1034(d), 265.1063(d), 265.1084, and 268.7 (ii) For off-site facilities, when the of this chapter. results of the inspection required in (7) For surface impoundments ex- paragraph (a)(4) of this section indicate empted from land disposal restrictions that the hazardous waste received at under § 268.4(a) of this chapter, the pro- the facility does not match the waste cedures and schedule for: 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).
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(8) For owners and operators seeking the active portion of his facility, an exemption to the air emission unless: standards of Subpart CC of this part in (1) Physical contact with the waste, accordance with § 265.1083— structures, or equipment with the ac- (i) If direct measurement is used for tive portion of the facility will not in- the waste determination, the proce- jure unknowing or unauthorized per- dures and schedules for waste sampling sons or livestock which may enter the and analysis, and the results of the active portion of a facility, and analysis of test data to verify the ex- (2) Disturbance of the waste or equip- emption. ment, by the unknowing or unauthor- (ii) If knowledge of the waste is used ized entry of persons or livestock onto for the waste determination, any infor- the active portion of a facility, will not mation prepared by the facility owner cause a violation of the requirements or operator or by the generator of the of this part. hazardous waste, if the waste is re- (b) Unless exempt under paragraphs ceived from off-site, that is used as the (a)(1) and (2) of this section, a facility must have: basis for knowledge of the waste. (1) A 24-hour surveillance system (c) For off-site facilities, the waste (e.g., television monitoring or surveil- analysis plan required in paragraph (b) lance by guards of facility personnel) of this section must also specify the which continuously monitors and con- procedures which will be used to in- trols entry onto the active portion of spect and, if necessary, analyze each the facility; or movement of hazardous waste received (2)(i) An artificial or natural barrier at the facility to ensure that it (e.g., a fence in good repair or a fence matches the identity of the waste des- combined with a cliff), which com- ignated on the accompanying manifest pletely surrounds the active portion of or shipping paper. At a minimum, the the facility; and plan must describe: (ii) A means to control entry, at all (1) The procedures which will be used times, through the gates or other en- to determine the identity of each trances to the active portion of the fa- movement of waste managed at the fa- cility (e.g., an attendant, television cility; and monitors, locked entrance, or con- (2) The sampling method which will trolled roadway access to the facility). be used to obtain a representative sam- [Comment: The requirements of paragraph (b) ple of the waste to be identified, if the of this section are satisfied if the facility or identification method includes sam- plant within which the active portion is lo- pling. cated itself has a surveillance system, or a (3) The procedures that the owner or barrier and a means to control entry, which operator of an off-site landfill receiving complies with the requirements of paragraph containerized hazardous waste will use (b)(1) or (2) of this section.] to determine whether a hazardous (c) Unless exempt under paragraphs waste generator or treater has added a (a)(1) and (a)(2) of this section, a sign biodegradable sorbent to the waste in with the legend, ‘‘Danger—Unauthor- the container. ized Personnel Keep Out,’’ must be posted at each entrance to the active [45 FR 33232, May 19, 1980, as amended at 50 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- dering the Canadian province of Quebec § 265.14 Security. 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 isting signs with a legend other than
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‘‘Danger—Unauthorized Personnel Keep through 265.1090 of this part, where ap- Out’’ may be used if the legend on the plicable. sign indicates that only authorized per- (c) The owner or operator must rem- sonnel are allowed to enter the active edy any deterioration or malfunction portion, and that entry onto the active of equipment or structures which the portion can be dangerous. inspection reveals on a schedule which [Comment: See § 265.117(b) for discussion of se- ensures that the problem does not lead curity requirements at disposal facilities to an environmental or human health during the post-closure care period.] hazard. Where a hazard is imminent or has already occurred, remedial action § 265.15 General inspection require- must be taken immediately. ments. (d) The owner or operator must (a) The owner or operator must in- record inspections in an inspection log spect his facility for malfunctions and or summary. He must keep these deterioration, operator errors, and dis- records for at least three years from charges which may be causing—or may the date of inspection. At a minimum, lead to: (1) Release of hazardous waste these records must include the date constituents to the environment or (2) and time of the inspection, the name of a threat to human health. The owner the inspector, a notation of the or operator must conduct these inspec- observations made, and the date and tions often enough to identify problems nature of any repairs or other remedial in time to correct them before they actions. harm human health or the environment. [45 FR 33232, May 19, 1980, as amended at 50 (b)(1) The owner or operator must de- FR 4514, Jan. 31, 1985; 57 FR 3491, Jan. 29, 1992; 59 FR 62935, Dec. 6, 1994; 62 FR 64661, velop and follow a written schedule for Dec. 8, 1997] inspecting all monitoring equipment, safety and emergency equipment, § 265.16 Personnel training. security devices, and operating and structural equipment (such as dikes (a)(1) Facility personnel must suc- and sump pumps) that are important to cessfully complete a program of class- preventing, detecting, or responding to room instruction or on-the-job training environmental or human health haz- that teaches them to perform their du- ards. ties in a way that ensures the facility’s (2) He must keep this schedule at the compliance with the requirements of facility. this part. The owner or operator must (3) The schedule must identify the ensure that this program includes all types of problems (e.g., malfunctions or the elements described in the docu- deterioration) which are to be looked ment required under paragraph (d)(3) of for during the inspection (e.g., inoper- this section. ative sump pump, leaking fitting, erod- (2) This program must be directed by ing dike, etc.). a person trained in hazardous waste (4) The frequency of inspection may management procedures, and must vary for the items on the schedule. include instruction which teaches However, the frequency should be based facility personnel hazardous waste on the rate of deterioration of the management procedures (including equipment and the probability of an contingency plan implementation) rel- environmental or human health inci- evant to the positions in which they dent if the deterioration, malfunction, are employed. or any operator error goes undetected (3) At a minimum, the training pro- between inspections. Areas subject to gram must be designed to ensure that spills, such as loading and unloading facility personnel are able to respond areas, must be inspected daily when in effectively to emergencies by familiar- use. At a minimum, the inspection izing them with emergency procedures, schedule must include the items and emergency equipment, and emergency frequencies called for in §§ 265.174, systems, including where applicable: 265.193, 265.195, 265.226, 265.260, 265.278, (i) Procedures for using, inspecting, 265.304, 265.347, 265.377, 265.403, 265.1033, repairing, and replacing facility emer- 265.1052, 265.1053, 265.1058, and 265.1084 gency and monitoring equipment;
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(ii) Key parameters for automatic training records may accompany per- waste feed cut-off systems; sonnel transferred within the same (iii) Communications or alarm company. systems; [45 FR 33232, May 19, 1980, as amended at 50 (iv) Response to fires or explosions; FR 4514, Jan. 31, 1985] (v) Response to ground-water con- tamination incidents; and § 265.17 General requirements for ig- (vi) Shutdown of operations. nitable, reactive, or incompatible (b) Facility personnel must wastes. successfuly complete the program re- (a) The owner or operator must take quired in paragraph (a) of this section precautions to prevent accidental igni- within six months after the effective tion or reaction of ignitable or reactive date of these regulations or six months waste. This waste must be separated after the date of their employment or and protected from sources of ignition assignment to a facility, or to a new or reaction including but not limited position at a facility, whichever is to: Open flames, smoking, cutting and later. Employees hired after the effec- welding, hot surfaces, frictional heat, tive date of these regulations must not sparks (static, electrical, or mechan- work in unsupervised positions until ical), spontaneous ignition (e.g., from they have completed the training heat-producing chemical reactions), requirements of paragraph (a) of this and radiant heat. While ignitable or re- section. active waste is being handled, the (c) Facility personnel must take part owner or operator must confine smok- in an annual review of the initial train- ing and open flame to specially des- ing required in paragraph (a) of this ignated locations. ‘‘No Smoking’’ signs section. must be conspicuously placed wherever (d) The owner or operator must main- there is a hazard from ignitable or re- tain the following documents and active waste. records at the facility: (b) Where specifically required by (1) The job title for each position at other sections of this part, the treat- the facility related to hazardous waste ment, storage, or disposal of ignitable management, and the name of the em- or reactive waste, and the mixture or ployee filling each job; commingling of incompatible wastes, (2) A written job description for each or incompatible wastes and materials, position listed under paragraph (d)(1) of must be conducted so that it does not: this Section. This description may be (1) Generate extreme heat or pres- consistent in its degree of specificity sure, fire or explosion, or violent reac- with descriptions for other similar po- tion; sitions in the same company location (2) Produce uncontrolled toxic mists, or bargaining unit, but must include fumes, dusts, or gases in sufficient the requisite skill, education, or other quantities to threaten human health; qualifications, and duties of facility (3) Produce uncontrolled flammable personnel assigned to each position; fumes or gases in sufficient quantities (3) A written description of the type to pose a risk of fire or explosions; and amount of both introductory and (4) Damage the structural integrity continuing training that will be given of the device or facility containing the to each person filling a position listed waste; or under paragraph (d)(1) of this section; (5) Through other like means threat- (4) Records that document that the en human health or the environment. training or job experience required under paragraphs (a), (b), and (c) of this § 265.18 Location standards. section has been given to, and com- The placement of any hazardous pleted by, facility personnel. waste in a salt dome, salt bed forma- (e) Training records on current per- tion, underground mine or cave is pro- sonnel must be kept until closure of hibited, except for the Department of the facility. Training records on former Energy Waste Isolation Pilot Project employees must be kept for at least in New Mexico. three years from the date the employee last worked at the facility. Personnel [50 FR 28749, July 15, 1985]
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§ 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 264.254(c)(1), and 264.301(c)(1) of this constructed. chapter in the field. (2) Identification of key personnel in (d) Certification. The owner or oper- the development and implementation ator of units subject to § 265.19 must of the CQA plan, and CQA officer quali- submit to the Regional Administrator fications. by certified mail or hand delivery, at (3) A description of inspection and least 30 days prior to receiving waste, a sampling activities for all unit compo- certification signed by the CQA officer nents identified in paragraph (a)(2) of that the CQA plan has been success- this section, including observations fully carried out and that the unit and tests that will be used before, dur- meets the requirements of §§ 265.221(a), ing, and after construction to ensure 265.254, or 265.301(a). The owner or oper- that the construction materials and ator may receive waste in the unit the installed unit components meet the after 30 days from the Regional Admin- design specifications. The description istrator’s receipt of the CQA certifi- must cover: Sampling size and loca- cation unless the Regional Adminis- tions; frequency of testing; data eval- trator determines in writing that the uation procedures; acceptance and re- construction is not acceptable, or ex- jection criteria for construction mate- tends the review period for a maximum rials; plans for implementing correc- of 30 more days, or seeks additional in- tive measures; and data or other infor- formation from the owner or operator
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during this period. Documentation sup- § 265.33 Testing and maintenance of porting the CQA officer’s certification equipment. must be furnished to the Regional Ad- All facility communications or alarm ministrator upon request. systems, fire protection equipment, [57 FR 3491, Jan. 29, 1992] spill control equipment, and decon- tamination equipment, where required, must be tested and maintained as nec- Subpart C—Preparedness and essary to assure its proper operation in Prevention time of emergency.
§ 265.30 Applicability. § 265.34 Access to communications or The regulations in this subpart apply alarm system. to owners and operators of all haz- (a) Whenever hazardous waste is ardous waste facilities, except as § 265.1 being poured, mixed, spread, or other- provides otherwise. wise handled, all personnel involved in the operation must have immediate ac- § 265.31 Maintenance and operation of cess to an internal alarm or emergency facility. communication device, either directly Facilities must be maintained and or through visual or voice contact with operated to minimize the possibility of another employee, unless such a device a fire, explosion, or any unplanned sud- is not required under § 265.32. den or non-sudden release of hazardous (b) If there is ever just one employee waste or hazardous waste constituents on the premises while the facility is op- erating, he must have immediate ac- to air, soil, or surface water which cess to a device, such as a telephone could threaten human health or the (immediately available at the scene of environment. operation) or a hand-held two-way radio, capable of summoning external § 265.32 Required equipment. emergency assistance, unless such a de- All facilities must be equipped with vice is not required under § 265.32. the following, unless none of the haz- ards posed by waste handled at the fa- § 265.35 Required aisle space. cility could require a particular kind of The owner or operator must main- equipment specified below: tain aisle space to allow the unob- (a) An internal communications or structed movement of personnel, fire alarm system capable of providing im- protection equipment, spill control mediate emergency instruction (voice equipment, and decontamination or signal) to facility personnel; equipment to any area of facility oper- (b) A device, such as a telephone (im- ation in an emergency, unless aisle mediately available at the scene of op- space is not needed for any of these erations) or a hand-held two-way radio, purposes. capable of summoning emergency as- sistance from local police departments, § 265.36 [Reserved] fire departments, or State or local § 265.37 Arrangements with local au- emergency response teams; thorities. (c) Portable fire extinguishers, fire (a) The owner or operator must at- control equipment (including special tempt to make the following arrange- extinguishing equipment, such as that ments, as appropriate for the type of using foam, inert gas, or dry chemi- waste handled at his facility and the cals), spill control equipment, and de- potential need for the services of these contamination equipment; and organizations: (d) Water at adequate volume and (1) Arrangements to familiarize po- pressure to supply water hose streams, lice, fire departments, and emergency or foam producing equipment, or auto- response teams with the layout of the matic sprinklers, or water spray sys- facility, properties of hazardous waste tems. handled at the facility and associated
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hazards, places where facility per- § 265.52 Content of contingency plan. sonnel would normally be working, en- (a) The contingency plan must de- trances to roads inside the facility, and scribe the actions facility personnel possible evacuation routes; must take to comply with §§ 265.51 and (2) Where more than one police and 265.56 in response to fires, explosions, fire department might respond to an or any unplanned sudden or non-sudden emergency, agreements designating release of hazardous waste or haz- primary emergency authority to a spe- ardous waste constituents to air, soil, cific police and a specific fire depart- or surface water at the facility. ment, and agreements with any others (b) If the owner or operator has al- to provide support to the primary ready prepared a Spill Prevention, Con- emergency authority; trol, and Countermeasures (SPCC) Plan (3) Agreements with State emergency in accordance with part 112 of this response teams, emergency response chapter, or part 1510 of chapter V, or contractors, and equipment suppliers; some other emergency or contingency and plan, he need only amend that plan to (4) Arrangements to familiarize local incorporate hazardous waste manage- hospitals with the properties of haz- ment provisions that are sufficient to ardous waste handled at the facility comply with the requirements of this and the types of injuries or illnesses part. which could result from fires, explo- (c) The plan must describe arrange- sions, or releases at the facility. ments agreed to by local police depart- (b) Where State or local authorities ments, fire departments, hospitals, decline to enter into such arrange- contractors, and State and local emer- ments, the owner or operator must doc- gency response teams to coordinate ument the refusal in the operating emergency services, pursuant to record. § 265.37. (d) The plan must list names, ad- Subpart D—Contingency Plan and dresses, and phone numbers (office and Emergency Procedures home) of all persons qualified to act as emergency coordinator (see § 265.55), § 265.50 Applicability. and this list must be kept up to date. The regulations in this subpart apply Where more than one person is listed, to owners and operators of all haz- one must be named as primary emer- ardous waste facilities, except as § 265.1 gency coordinator and others must be listed in the order in which they will provides otherwise. assume responsibility as alternates. § 265.51 Purpose and implementation (e) The plan must include a list of all of contingency plan. emergency equipment at the facility (such as fire extinguishing systems, (a) Each owner or operator must have spill control equipment, communica- a contingency plan for his facility. The tions and alarm systems (internal and contingency plan must be designed to external), and decontamination equip- minimize hazards to human health or ment), where this equipment is re- the environment from fires, explosions, quired. This list must be kept up to or any unplanned sudden or non-sudden date. In addition, the plan must in- release of hazardous waste or haz- clude the location and a physical de- ardous waste constituents to air, soil, scription of each item on the list, and or surface water. a brief outline of its capabilities. (b) The provisions of the plan must (f) The plan must include an evacu- be carried out immediately whenever ation plan for facility personnel where there is a fire, explosion, or release of there is a possibility that evacuation hazardous waste or hazardous waste could be necessary. This plan must de- constituents which could threaten scribe signal(s) to be used to begin human health or the environment. evacuation, evacuation routes, and al- [45 FR 33232, May 19, 1980, as amended at 50 ternate evacuation routes (in cases FR 4514, Jan. 31, 1985] where the primary routes could be
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blocked by releases of hazardous waste commit the resources needed to carry or fires). out the contingency plan. [45 FR 33232, May 19, 1980, as amended at 46 [Comment: The emergency coordinator’s re- FR 27480, May 20, 1981; 50 FR 4514, Jan. 31, sponsibilities are more fully spelled out in 1985] § 265.56. Applicable responsibilities for the emergency coordinator vary, depending on § 265.53 Copies of contingency plan. factors such as type and variety of waste(s) A copy of the contingency plan and handled by the facility, and type and com- all revisions to the plan must be: plexity of the facility.] (a) Maintained at the facility; and (b) Submitted to all local police de- § 265.56 Emergency procedures. partments, fire departments, hospitals, (a) Whenever there is an imminent or and State and local emergency re- actual emergency situation, the emer- sponse teams that may be called upon gency coordinator (or his designee to provide emergency services. 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 a sign, construction, operation, mainte- real extent of any released materials. nance, or other circumstances—in a way that materially increases the po- He may do this by observation or re- tential for fires, explosions, or releases view of facility records or manifests of hazardous waste or hazardous waste and, if necessary, by chemical analysis. constituents, or changes the response (c) Concurrently, the emergency co- necessary in an emergency; ordinator must assess possible hazards (d) The list of emergency coordina- to human health or the environment tors changes; or that may result from the release, fire, (e) The list of emergency equipment or explosion. This assessment must changes. consider both direct and indirect ef- fects of the release, fire, or explosion [45 FR 33232, May 19, 1980, as amended at 50 (e.g., the effects of any toxic, irri- FR 4514, Jan. 31, 1985] tating, or asphyxiating gases that are § 265.55 Emergency coordinator. generated, or the effects of any haz- ardous surface water run-offs from At all times, there must be at least one employee either on the facility water or chemical agents used to con- premises or on call (i.e., available to trol fire and heat-induced explosions). respond to an emergency by reaching (d) If the emergency coordinator de- the facility within a short period of termines that the facility has had a re- time) with the responsibility for co- lease, fire, or explosion which could ordinating all emergency response threaten human health, or the environ- measures. This emergency coordinator ment, outside the facility, he must re- must be thoroughly familiar with all port his findings as follows: aspects of the facility’s contingency (1) If his assessment indicates that plan, all operations and activities at evacuation of local areas may be advis- the facility, the location and charac- able, he must immediately notify ap- teristics of waste handled, the location propriate local authorities. He must be of all records within the facility, and available to help appropriate officials the facility layout. In addition, this decide whether local areas should be person must have the authority to evacuated; and
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(2) He must immediately notify ei- ed, stored, or disposed of until cleanup ther the government official des- procedures are completed; and ignated as the on-scene coordinator for (2) All emergency equipment listed in that geographical area (in the applica- the contingency plan is cleaned and fit ble regional contingency plan under for its intended use before operations part 1510 of this title), or the National are resumed. Response Center (using their 24-hour (i) The owner or operator must notify toll free number 800/424–8802). The re- the Regional Administrator, and appro- port must include: priate State and local authorities, that (i) Name and telephone number of re- the facility is in compliance with para- porter; graph (h) of this section before oper- (ii) Name and address of facility; ations are resumed in the affected (iii) Time and type of incident (e.g., area(s) of the facility. release, fire); (j) The owner or operator must note (iv) Name and quantity of material(s) in the operating record the time, date, involved, to the extent known; and details of any incident that re- (v) The extent of injuries, if any; and quires implementing the contingency (vi) The possible hazards to human plan. Within 15 days after the incident, health, or the environment, outside the he must submit a written report on the facility. incident to the Regional Adminis- (e) During an emergency, the emer- trator. The report must include: gency coordinator must take all rea- (1) Name, address, and telephone sonable measures necessary to ensure number of the owner or operator; that fires, explosions, and releases do (2) Name, address, and telephone not occur, recur, or spread to other number of the facility; hazardous waste at the facility. These (3) Date, time, and type of incident measures must include, where applica- (e.g., fire, explosion); ble, stopping processes and operations, (4) Name and quantity of material(s) collecting and containing released involved; waste, and removing or isolating con- (5) The extent of injuries, if any; tainers. (6) An assessment of actual or poten- (f) If the facility stops operations in tial hazards to human health or the en- response to a fire, explosion or release, vironment, where this is applicable; the emergency coordinator must mon- and itor for leaks, pressure buildup, gas (7) Estimated quantity and disposi- generation, or ruptures in valves, tion of recovered material that re- pipes, or other equipment, wherever sulted from the incident. this is appropriate. [45 FR 33232, May 19, 1980, as amended at 50 (g) Immediately after an emergency, FR 4514, Jan. 31, 1985] the emergency coordinator must pro- vide for treating, storing, or disposing of recovered waste, contaminated soil Subpart E—Manifest System, or surface water, or any other material Recordkeeping, and Reporting that results from a release, fire, or ex- § 265.70 Applicability. plosion at the facility. The regulations in this subpart apply [Comment: Unless the owner or operator can to owners and operators of both on-site demonstrate, in accordance with § 261.3(c) or and off-site facilities, except as § 265.1 (d) of this chapter, that the recovered mate- rial is not a hazardous waste, the owner or provides otherwise. Sections 265.71, operator becomes a generator of hazardous 265.72, and 265.76 do not apply to owners waste and must manage it in accordance and operators of on-site facilities that with all applicable requirements of parts 262, do not receive any hazardous waste 263, and 265 of this chapter.] from off-site sources, and to owners (h) The emergency coordinator must and operators of off-site facilities with ensure that, in the affected area(s) of respect to waste military munitions the facility: exempted from manifest requirements under § 266.203(a) of this chapter. (1) No waste that may be incompat- ible with the released material is treat- [62 FR 6653, Feb. 12, 1997]
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§ 265.71 Use of manifest system. one copy of the manifest or shipping (a) If a facility receives hazardous paper (if the manifest has not been waste accompanied by a manifest, the received); owner or operator, or his agent, must: (4) Within 30 days after the delivery, (1) Sign and date each copy of the send a copy of the signed and dated manifest to certify that the hazardous manifest to the generator; however, if waste covered by the manifest was re- the manifest has not been received ceived; within 30 days after delivery, the owner (2) Note any significant discrepancies or operator, or his agent, must send a in the manifest (as defined in copy of the shipping paper signed and § 265.72(a)) on each copy of the mani- dated to the generator; and fest; [Comment: Section 262.23(c) of this chapter re- quires the generator to send three copies of [Comment: The Agency does not intend that the manifest to the facility when hazardous the owner or operator of a facility whose procedures under § 265.13(c) include waste waste is sent by rail or water (bulk ship- analysis must perform that analysis before ment).] signing the manifest and giving it to the (5) Retain at the facility a copy of transporter. Section 265.72(b), however, re- the manifest and shipping paper (if quires reporting an unreconciled discrepancy signed in lieu of the manifest at the discovered during later analysis.] time of delivery) for at least three (3) Immediately give the transporter years from the date of delivery. at least one copy of the signed mani- (c) Whenever a shipment of hazardous fest; waste is initiated from a facility, the (4) Within 30 days after the delivery, owner or operator of that facility must send a copy of the manifest to the gen- comply with the requirements of part erator; and 262 of this chapter. (5) Retain at the facility a copy of each manifest for at least three years [Comment: The provisions of § 262.34 are appli- from the date of delivery. cable to the on-site accumulation of haz- ardous wastes by generators. Therefore, the (b) If a facility receives, from a rail provisions of § 262.34 only apply to owners or or water (bulk shipment) transporter, operators who are shipping hazardous waste hazardous waste which is accompanied which they generated at that facility.] by a shipping paper containing all the information required on the manifest (d) Within three working days of the (excluding the EPA identification num- receipt of a shipment subject to 40 CFR bers, generator’s certification, and sig- part 262, subpart H, the owner or oper- natures), the owner or operator, or his ator of facility must provide a copy of agent, must: the tracking document bearing all re- (1) Sign and date each copy of the quired signatures to the notifier, to the manifest or shipping paper (if the Office of Enforcement and Compliance manifest has not been received) to cer- Assurance, Office of Compliance, En- tify that the hazardous waste covered forcement Planning, Targeting and by the manifest or shipping paper was Data Division (2222A), Environmental received; Protection Agency, 401 M St., SW., (2) Note any significant discrepancies Washington, DC 20460, and to com- (as defined in § 265.72(a)) in the mani- petent authorities of all other con- fest or shipping paper (if the manifest cerned countries. The original copy of has not been received) on each copy of the tracking document must be main- the manifest or shipping paper; tained at the facility for at least three years from the date of signature. [Comment: The Agency does not intend that the owner or operator of a facility whose [45 FR 33232, May 19, 1980, as amended at 45 procedures under § 265.13(c) include waste FR 86970, 86974, Dec. 31, 1980; 50 FR 4514, Jan. analysis must perform that analysis before 31, 1985; 61 FR 16315, Apr. 12, 1996] signing the shipping paper and giving it to the transporter. Section 265.72(b), however, § 265.72 Manifest discrepancies. requires reporting an unreconciled discrep- (a) Manifest discrepancies are dif- ancy discovered during later analysis.] ferences between the quantity or type (3) Immediately give the rail or water of hazardous waste designated on the (bulk shipment) transporter at least manifest or shipping paper, and the
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quantity or type of hazardous waste a tests performed as specified in §§ 265.13, facility actually receives. Significant 265.200, 265.225, 265.252, 265.273, 265.314, discrepancies in quantity are: (1) For 265.341, 265.375, 265.402, 265.1034, 265.1063, bulk waste, variations greater than 10 265.1084, 268.4(a), and 268.7 of this chap- percent in weight, and (2) for batch ter. waste, any variation in piece count, (4) Summary reports and details of such as a discrepancy of one drum in a all incidents that require imple- truckload. Significant discrepancies in menting the contingency plan as speci- type are obvious differences which can fied in § 265.56(j); be discovered by inspection or waste (5) Records and results of inspections analysis, such as waste solvent sub- as required by § 265.15(d) (except these stituted for waste acid, or toxic con- data need be kept only three years); stituents not reported on the manifest (6) Monitoring, testing or analytical or shipping paper. data, and corrective action where re- (b) Upon discovering a significant quired by subpart F of this part and by discrepancy, the owner or operator §§ 265.19, 265.90, 265.94, 265.191, 265.193, must attempt to reconcile the discrep- 265.195, 265.222, 265.223, 265.226, 265.255, ancy with the waste generator or 265.259, 265.260, 265.276, 265.278, transporter (e.g., with telephone con- 265.280(d)(1), 265.302 through 265.304, versations). If the discrepancy is not 265.347, 265.377, 265.1034(c) through resolved within 15 days after receiving 265.1034(f), 265.1035, 265.1063(d) through the waste, the owner or operator must 265.1063(i), 265.1064, and 265.1083 through immediately submit to the Regional 265.1090 of this part. Administrator a letter describing the discrepancy and attempts to reconcile [Comment: As required by § 265.94, monitoring it, and a copy of the manifest or ship- data at disposal facilities must be kept ping paper at issue. throughout the post-closure period.] [45 FR 33232, May 19, 1980, as amended at 50 (7) All closure cost estimates under FR 4514, Jan. 31, 1985] § 265.142 and, for disposal facilities, all post-closure cost estimates under § 265.73 Operating record. § 265.144. (a) The owner or operator must keep (8) Records of the quantities (and a written operating record at his date of placement) for each shipment facility. of hazardous waste placed in land dis- (b) The following information must posal units under an extension to the be recorded, as it becomes available, effective date of any land disposal re- and maintained in the operating record striction granted pursuant to § 268.5, until closure of the facility: monitoring data required pursuant to a (1) A description and the quantity of petition under § 268.6, or a certification each hazardous waste received, and the under § 268.8, and the applicable notice method(s) and date(s) of its treatment, required by a generator under § 268.7(a). storage, or disposal at the facility as (9) For an off-site treatment facility, required by appendix I; a copy of the notice, and the certifi- (2) The location of each hazardous cation and demonstration if applicable, waste within the facility and the quan- required by the generator or the owner tity at each location. For disposal fa- or operator under § 268.7 or § 268.8; cilities, the location and quantity of (10) For an on-site treatment facility, each hazardous waste must be recorded the information contained in the no- on a map or diagram of each cell or dis- tice (except the manifest number), and posal area. For all facilities, this infor- the certification and demonstration if mation must include cross-references applicable, required by the generator to specific manifest document num- or the owner or operator under § 268.7 bers, if the waste was accompanied by or § 268.8; a manifest; (11) For an off-site land disposal fa- cility, a copy of the notice, and the cer- [Comment: See §§ 265.119, 265.279, and 265.309 tification and demonstration if appli- for related requirements.] cable, required by the generator or the (3) Records and results of waste anal- owner or operator of a treatment facil- ysis, waste determinations, and trial ity under § 268.7 or § 268.8;
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(12) For an on-site land disposal facil- report must cover facility activities ity, the information contained in the during the previous calendar year and notice (except the manifest number), must include the following and the certification and demonstra- information: tion if applicable, required by the (a) The EPA identification number, generator or the owner or operator of a name, and address of the facility; treatment facility under § 268.7 or (b) The calendar year covered by the § 268.8. report; (13) For an off-site storage facility, a (c) For off-site facilities, the EPA copy of the notice, and the certifi- identification number of each haz- cation and demonstration if applicable, ardous waste generator from which the required by the generator or the owner facility received a hazardous waste or operator under § 268.7 or § 268.8; and during the year; for imported ship- (14) For an on-site storage facility, ments, the report must give the name the information contained in the no- and address of the foreign generator; tice (except the manifest number), and (d) A description and the quantity of the certification and demonstration if each hazardous waste the facility re- applicable, required by the generator ceived during the year. For off-site fa- or the owner or operator of a treat- cilities, this information must be listed ment facility under § 268.7 or § 268.8. 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 (f) Monitoring data under 25507, June 21, 1990; 56 FR 19290, Apr. 26, 1991; § 265.94(a)(2)(ii) and (iii), and (b)(2), 57 FR 3492, Jan. 29, 1992; 59 FR 62935, Dec. 6, where required; 1994; 62 FR 64661, Dec. 8, 1997] (g) The most recent closure cost esti- mate under § 265.142, and, for disposal § 265.74 Availability, retention, and disposition of records. facilities, the most recent post-closure 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 nished upon request, and made avail- description of the efforts undertaken able at all reasonable times for inspec- during the year to reduce the volume tion, by any officer, employee, or rep- and toxicity of waste generated. resentative of EPA who is duly des- (i) For generators who treat, store, or ignated by the Administrator. dispose of hazardous waste on-site, a (b) The retention period for all description of the changes in volume records required under this part is ex- and toxicity of waste actually achieved tended automatically during the course during the year in comparison to pre- of any unresolved enforcement action vious years to the extent such informa- regarding the facility or as requested tion is available for the years prior to by the Administrator. 1984. (c) A copy of records of waste dis- (j) The certification signed by the posal locations and quantities under owner or operator of the facility or his § 265.73(b)(2) must be submitted to the authorized representative. Regional Administrator and local land authority upon closure of the facility [45 FR 33232, May 19, 1980, as amended at 48 (see § 265.119). FR 3982, Jan. 28, 1983; 50 FR 4514, Jan. 31, 1985; 51 FR 28556, Aug. 8, 1986] [45 FR 33232, May 19, 1980, as amended at 50 FR 4514, Jan. 31, 1985] § 265.76 Unmanifested waste report. If a facility accepts for treatment, § 265.75 Biennial report. storage, or disposal any hazardous The owner or operator must prepare waste from an off-site source without and submit a single copy of a biennial an accompanying manifest, or without report to the Regional Administrator an accompanying shipping paper as de- by March 1 of each even numbered scribed in § 263.20(e)(2) of this chapter, year. The biennial report must be sub- and if the waste is not excluded from mitted on EPA Form 8700–13B. The the manifest requirement by § 261.5 of
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this chapter, then the owner or oper- Subpart F—Ground-Water ator must prepare and submit a single Monitoring copy of a report to the Regional Ad- ministrator within fifteen days after § 265.90 Applicability. receiving the waste. The unmanifested waste report must be submitted on (a) Within one year after the effec- EPA form 8700–13B. Such report must tive date of these regulations, the be designated ‘Unmanifested Waste Re- owner or operator of a surface im- port’ and include the following infor- poundment, landfill, or land treatment mation: facility which is used to manage haz- (a) The EPA identification number, ardous waste must implement a name, and address of the facility; ground-water monitoring program ca- (b) The date the facility received the pable of determining the facility’s im- waste; pact on the quality of ground water in (c) The EPA identification number, the uppermost aquifer underlying the name, and address of the generator and facility, except as § 265.1 and paragraph the transporter, if available; (c) of this section provide otherwise. (d) A description and the quantity of (b) Except as paragraphs (c) and (d) of each unmanifested hazardous waste the this section provide otherwise, the facility received; owner or operator must install, oper- (e) The method of treatment, storage, ate, and maintain a ground-water mon- or disposal for each hazardous waste; itoring system which meets the re- (f) The certification signed by the quirements of § 265.91, and must comply owner or operator of the facility or his with §§ 265.92 through 265.94. This authorized representative; and ground-water monitoring program (g) A brief explanation of why the must be carried out during the active waste was unmanifested, if known. life of the facility, and for disposal fa- [Comment: Small quantities of hazardous cilities, during the post-closure care waste are excluded from regulation under period as well. this part and do not require a manifest. (c) All or part of the ground-water Where a facility receives unmanifested haz- monitoring requirements of this sub- ardous wastes, the Agency suggests that the part may be waived if the owner or op- owner or operator obtain from each gener- erator can demonstrate that there is a ator a certification that the waste qualifies low potential for migration of haz- for exclusion. Otherwise, the Agency sug- gests that the owner or operator file an ardous waste or hazardous waste con- unmanifested waste report for the hazardous stituents from the facility via the up- waste movement.] permost aquifer to water supply wells (domestic, industrial, or agricultural) [45 FR 33232, May 19, 1980, as amended at 48 FR 3982, Jan. 28, 1983; 50 FR 4514, Jan. 31, or to surface water. This demonstra- 1985] tion must be in writing, and must be kept at the facility. This demonstra- § 265.77 Additional reports. tion must be certified by a qualified ge- In addition to submitting the bien- ologist or geotechnical engineer and nial report and unmanifested waste re- must establish the following: ports described in §§ 265.75 and 265.76, (1) The potential for migration of the owner or operator must also report hazardous waste or hazardous waste to the Regional Administrator: constituents from the facility to the (a) Releases, fires, and explosions as uppermost aquifer, by an evaluation of: specified in § 265.56(j); (i) A water balance of precipitation, (b) Ground-water contamination and evapotranspiration, runoff, and infil- monitoring data as specified in §§ 265.93 tration; and and 265.94; and (ii) Unsaturated zone characteristics (c) Facility closure as specified in (i.e., geologic materials, physical prop- § 265.115. erties, and depth to ground water); and (d) As otherwise required by Subparts (2) The potential for hazardous waste AA, BB, and CC of this part. or hazardous waste constituents which [45 FR 33232, May 19, 1980, as amended at 48 enter the uppermost aquifer to migrate FR 3982, Jan. 28, 1983; 55 FR 25507, June 21, to a water supply well or surface water, 1990; 59 FR 62935, Dec. 6, 1994] by an evaluation of:
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(i) Saturated zone characteristics corrosive wastes will be neutralized to (i.e., geologic materials, physical prop- the extent that they no longer meet erties, and rate of ground-water flow); the corrosivity characteristic before and they can migrate out of the impound- (ii) The proximity of the facility to ment. The demonstration must be in water supply wells or surface water. writing and must be certified by a (d) If an owner or operator assumes qualified professional. (or knows) that ground-water moni- (f) The Regional Administrator may toring of indicator parameters in ac- replace all or part of the requirements cordance with §§ 265.91 and 265.92 would of this subpart applying to a regulated show statistically significant increases unit (as defined in 40 CFR 264.90), with (or decreases in the case of pH) when alternative requirements developed for evaluated under § 265.93(b), he may, in- groundwater monitoring set out in an stall, operate, and maintain an alter- approved closure or post-closure plan nate ground-water monitoring system or in an enforceable document (as de- (other than the one described in fined in 40 CFR 270.1(c)(7)), where the §§ 265.91 and 265.92). If the owner or op- Regional Administrator determines erator decides to use an alternate that: ground-water monitoring system he (1) A regulated unit is situated must: among solid waste management units (1) Within one year after the effective (or areas of concern), a release has oc- date of these regulations, submit to the curred, and both the regulated unit and Regional Administrator a specific plan, one or more solid waste management certified by a qualified geologist or unit(s) (or areas of concern) are likely geotechnical engineer, which satisfies to have contributed to the release; and the requirements of § 265.93(d)(3), for an (2) It is not necessary to apply the re- alternate ground-water monitoring quirements of this subpart because the system; alternative requirements will protect (2) Not later than one year after the human health and the environment. effective date of these regulations, ini- The alternative standards for the regu- tiate the determinations specified in lated unit must meet the requirements § 265.93(d)(4); of 40 CFR 264.101(a). (3) Prepare and submit a written re- [45 FR 33232, May 19, 1980, as amended at 47 port in accordance with § 265.93(d)(5); FR 1255, Jan. 11, 1982; 50 FR 4514, Jan. 31, (4) Continue to make the determina- 1985; 63 FR 56734, Oct. 22, 1998] tions specified in § 265.93(d)(4) on a quarterly basis until final closure of § 265.91 Ground-water monitoring sys- the facility; and tem. (5) Comply with the recordkeeping (a) A ground-water monitoring sys- and reporting requirements in tem must be capable of yielding § 265.94(b). ground-water samples for analysis and (e) The ground-water monitoring re- must consist of: quirements of this subpart may be (1) Monitoring wells (at least one) in- waived with respect to any surface im- stalled hydraulically upgradient (i.e., poundment that (1) Is used to neu- in the direction of increasing static tralize wastes which are hazardous head) from the limit of the waste man- solely because they exhibit the agement area. Their number, locations, corrosivity characteristic under § 261.22 and depths must be sufficient to yield of this chapter or are listed as haz- ground-water samples that are: ardous wastes in subpart D of part 261 (i) Representative of background of this chapter only for this reason, ground-water quality in the uppermost and (2) contains no other hazardous aquifer near the facility; and wastes, if the owner or operator can (ii) Not affected by the facility; and demonstrate that there is no potential (2) Monitoring wells (at least three) for migration of hazardous wastes from installed hydraulically downgradient the impoundment. The demonstration (i.e., in the direction of decreasing must establish, based upon consider- static head) at the limit of the waste ation of the characteristics of the management area. Their number, loca- wastes and the impoundment, that the tions, and depths must ensure that
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they immediately detect any statis- collection at depths where appropriate tically significant amounts of haz- aquifer flow zones exist. The annular ardous waste or hazardous waste con- space (i.e., the space between the bore stituents that migrate from the waste hole and well casing) above the sam- management area to the uppermost aq- pling depth must be sealed with a suit- uifer. able material (e.g., cement grout or (3) The facility owner or operator bentonite slurry) to prevent contami- may demonstrate that an alternate hy- nation of samples and the ground draulically downgradient monitoring water. 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- tified by a qualified ground-water sci- § 265.92 Sampling and analysis. 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 migrate from the waste management [Comment: See ‘‘Procedures Manual For area to the uppermost aquifer. Ground-water Monitoring At Solid Waste Disposal Facilities,’’ EPA–530/SW–611, August (iv) Lateral expansion, new, or re- 1977 and ‘‘Methods for Chemical Analysis of placement units are not eligible for an Water and Wastes,’’ EPA–600/4–79–020, March alternate downgradient location under 1979 for discussions of sampling and analysis this paragraph. procedures.] (b) Separate monitoring systems for (b) The owner or operator must de- each waste management component of termine the concentration or value of a facility are not required provided the following parameters in ground- that provisions for sampling water samples in accordance with para- upgradient and downgradient water graphs (c) and (d) of this section: quality will detect any discharge from (1) Parameters characterizing the the waste management area. suitability of the ground water as a (1) In the case of a facility consisting drinking water supply, as specified in of only one surface impoundment, land- appendix III. fill, or land treatment area, the waste (2) Parameters establishing ground- management area is described by the water quality: waste boundary (perimeter). (i) Chloride (2) In the case of a facility consisting (ii) Iron of more than one surface impound- (iii) Manganese ment, landfill, or land treatment area, (iv) Phenols the waste management area is de- (v) Sodium scribed by an imaginary boundary line (vi) Sulfate which circumscribes the several waste management components. [Comment: These parameters are to be used (c) All monitoring wells must be as a basis for comparison in the event a cased in a manner that maintains the ground-water quality assessment is required integrity of the monitoring well bore under § 265.93(d).] hole. This casing must be screened or (3) Parameters used as indicators of perforated, and packed with gravel or ground-water contamination: sand where necessary, to enable sample (i) pH
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(ii) Specific Conductance (3) The concentrations of hazardous (iii) Total Organic Carbon waste or hazardous waste constituents (iv) Total Organic Halogen in the ground water. (c)(1) For all monitoring wells, the (b) For each indicator parameter owner or operator must establish ini- specified in § 265.92(b)(3), the owner or tial background concentrations or val- operator must calculate the arithmetic ues of all parameters specified in para- mean and variance, based on at least graph (b) of this section. He must do four replicate measurements on each this quarterly for one year. sample, for each well monitored in ac- (2) For each of the indicator param- cordance with § 265.92(d)(2), and com- eters specified in paragraph (b)(3) of pare these results with its initial back- this section, at least four replicate ground arithmetic mean. The compari- measurements must be obtained for son must consider individually each of each sample and the initial background the wells in the monitoring system, arithmetic mean and variance must be and must use the Student’s t-test at determined by pooling the replicate the 0.01 level of significance (see appen- measurements for the respective pa- dix IV) to determine statistically sig- rameter concentrations or values in nificant increases (and decreases, in samples obtained from upgradient the case of pH) over initial background. wells during the first year. (c)(1) If the comparisons for the (d) After the first year, all moni- upgradient wells made under paragraph toring wells must be sampled and the (b) of this section show a significant in- samples analyzed with the following frequencies: crease (or pH decrease), the owner or operator must submit this information (1) Samples collected to establish ground-water quality must be obtained in accordance with § 265.94(a)(2)(ii). and analyzed for the parameters speci- (2) If the comparisons for fied in paragraph (b)(2) of this section downgradient wells made under para- at least annually. graph (b) of this section show a signifi- (2) Samples collected to indicate cant increase (or pH decrease), the ground-water contamination must be owner or operator must then imme- obtained and analyzed for the param- diately obtain additional ground-water eters specified in paragraph (b)(3) of samples from those downgradient wells this section at least semi-annually. where a significant difference was de- (e) Elevation of the ground-water tected, split the samples in two, and surface at each monitoring well must obtain analyses of all additional sam- be determined each time a sample is ples to determine whether the signifi- obtained. cant difference was a result of labora- tory error. [45 FR 33232, May 19, 1980, as amended at 50 FR 4514, Jan. 31, 1985] (d)(1) If the analyses performed under paragraph (c)(2) of this section confirm § 265.93 Preparation, evaluation, and the significant increase (or pH de- response. crease), the owner or operator must (a) Within one year after the effec- provide written notice to the Regional tive date of these regulations, the Administrator—within seven days of owner or operator must prepare an out- the date of such confirmation—that line of a ground-water quality assess- the facility may be affecting ground- ment program. The outline must de- water quality. scribe a more comprehensive ground- (2) Within 15 days after the notifica- water monitoring program (than that tion under paragraph (d)(1) of this sec- described in §§ 265.91 and 265.92) capable tion, the owner or operator must de- of determining: velop and submit to the Regional Ad- (1) Whether hazardous waste or haz- ministrator a specific plan, based on ardous waste constituents have entered the outline required under paragraph the ground water; (a) of this section and certified by a (2) The rate and extent of migration qualified geologist or geotechnical en- of hazardous waste or hazardous waste gineer, for a ground-water quality as- constituents in the ground water; and sessment program at the facility.
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(3) The plan to be submitted under plan was implemented prior to final § 265.90(d)(1) or paragraph (d)(2) of this closure of the facility; or section must specify: (ii) May cease to make the deter- (i) The number, location, and depth minations required under paragraph of wells; (d)(4) of this section, if the ground- (ii) Sampling and analytical methods water quality assessment plan was im- for those hazardous wastes or haz- plemented during the post-closure care ardous waste constituents in the facil- period. ity; (e) Notwithstanding any other provi- (iii) Evaluation procedures, including sion of this subpart, any ground-water any use of previously-gathered ground- quality assessment to satisfy the re- water quality information; and quirements of § 265.93(d)(4) which is ini- (iv) A schedule of implementation. tiated prior to final closure of the fa- (4) The owner or operator must im- cility must be completed and reported plement the ground-water quality as- in accordance with § 265.93(d)(5). sessment plan which satisfies the re- (f) Unless the ground water is mon- quirements of paragraph (d)(3) of this itored to satisfy the requirements of section, and, at a minimum, determine: § 265.93(d)(4), at least annually the (i) The rate and extent of migration owner or operator must evaluate the of the hazardous waste or hazardous data on ground-water surface ele- waste constituents in the ground vations obtained under § 265.92(e) to de- water; and termine whether the requirements (ii) The concentrations of the haz- under § 265.91(a) for locating the moni- ardous waste or hazardous waste con- toring wells continues to be satisfied. stituents in the ground water. If the evaluation shows that § 265.91(a) (5) The owner or operator must make is no longer satisfied, the owner or op- his first determination under para- erator must immediately modify the graph (d)(4) of this section as soon as number, location, or depth of the moni- technically feasible, and, within 15 toring wells to bring the ground-water days after that determination, submit monitoring system into compliance to the Regional Administrator a writ- with this requirement. ten report containing an assessment of [45 FR 33232, May 19, 1980, as amended at 50 the ground-water quality. FR 4514, Jan. 31, 1985] (6) If the owner or operator deter- mines, based on the results of the first § 265.94 Recordkeeping and reporting. determination under paragraph (d)(4) of (a) Unless the ground water is mon- this section, that no hazardous waste itored to satisfy the requirements of or hazardous waste constituents from § 265.93(d)(4), the owner or operator the facility have entered the ground must: water, then he may reinstate the indi- (1) Keep records of the analyses re- cator evaluation program described in quired in § 265.92(c) and (d), the associ- § 265.92 and paragraph (b) of this sec- ated ground-water surface elevations tion. If the owner or operator rein- required in § 265.92(e), and the evalua- states the indicator evaluation pro- tions required in § 265.93(b) throughout gram, he must so notify the Regional the active life of the facility, and, for Administrator in the report submitted disposal facilities, throughout the post- under paragraph (d)(5) of this section. closure care period as well; and (7) If the owner or operator deter- (2) Report the following ground-water mines, based on the first determination monitoring information to the Re- under paragraph (d)(4) of this section, gional Administrator: that hazardous waste or hazardous (i) During the first year when initial waste constituents from the facility background concentrations are being have entered the ground water, then established for the facility: concentra- he: tions or values of the parameters listed (i) Must continue to make the deter- in § 265.92(b)(1) for each ground-water minations required under paragraph monitoring well within 15 days after (d)(4) of this section on a quarterly completing each quarterly analysis. basis until final closure of the facility, The owner or operator must separately if the ground-water quality assessment identify for each monitoring well any
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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- (1) All hazardous waste disposal fa- erator must separately identify any cilities; significant differences from initial (2) Waste piles and surface impound- background found in the upgradient ments for which the owner or operator wells, in accordance with § 265.93(c)(1). intends to remove the wastes at clo- During the active life of the facility, sure to the extent that these sections this information must be submitted no are made applicable to such facilities later than March 1 following each cal- in § 265.228 or § 265.258; endar year. (3) Tank systems that are required (iii) No later than March 1 following under § 265.197 to meet requirements for each calendar year: Results of the eval- landfills; and uations of ground-water surface ele- (4) Containment building that are re- vations under § 265.93(f), and a descrip- quired under § 265.1102 to meet the re- tion of the response to that evaluation, quirement for landfills. where applicable. (c) Section 265.121 applies to owners and operators of units that are subject (b) If the ground water is monitored to the requirements of 40 CFR to satisfy the requirements of 270.1(c)(7) and are regulated under an § 265.93(d)(4), the owner or operator enforceable document (as defined in 40 must: CFR 270.1(c)(7)). (1) Keep records of the analyses and (d) The Regional Administrator may evaluations specified in the plan, which replace all or part of the requirements satisfies the requirements of of this subpart (and the unit-specific § 265.93(d)(3), throughout the active life standards in § 265.111(c)) applying to a of the facility, and, for disposal facili- regulated unit (as defined in 40 CFR ties, throughout the post-closure care 264.90), with alternative requirements period as well; and for closure set out in an approved clo- (2) Annually, until final closure of sure or post-closure plan, or in an en- the facility, submit to the Regional forceable document (as defined in 40 Administrator a report containing the CFR 270.1(c)(7)), where the Regional results of his or her ground-water qual- Administrator determines that: ity assessment program which in- (1) A regulated unit is situated cludes, but is not limited to, the cal- among solid waste management units culated (or measured) rate of migra- (or areas of concern), a release has oc- tion of hazardous waste or hazardous curred, and both the regulated unit and waste constituents in the ground water one or more solid waste management during the reporting period. This infor- unit(s) (or areas of concern) are likely mation must be submitted no later to have contributed to the release, and than March 1 following each calendar (2) It is not necessary to apply the year. closure requirements of this subpart (and/or those referenced herein) be- [45 FR 33232, May 19, 1980, as amended at 48 cause the alternative requirements will FR 3982, Jan. 28, 1983; 50 FR 4514, Jan. 31, protect human health and the environ- 1985] ment, and will satisfy the closure per- formance standard of § 265.111 (a) and Subpart G—Closure and Post- (b). Closure [51 FR 16451, May 2, 1986, as amended at 51 FR 25479, July 14, 1986; 53 FR 34086, Sept. 2, SOURCE: 51 FR 16451, May 2, 1986, unless 1988; 57 FR 37267, Aug. 18, 1992; 63 FR 56734, otherwise noted. Oct. 22, 1998]
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§ 265.111 Closure performance stand- (3) An estimate of the maximum in- ard. ventory of hazardous wastes ever on- The owner or operator must close the site over the active life of the facility facility in a manner that: and a detailed description of the meth- (a) Minimizes the need for further ods to be used during partial and final maintenance, and closure, including, but not limited to (b) Controls, minimizes or elimi- methods for removing, transporting, nates, to the extent necessary to pro- treating, storing or disposing of all tect human health and the environ- hazardous waste, identification of and ment, post-closure escape of hazardous the type(s) of off-site hazardous waste waste, hazardous constituents, leach- management unit(s) to be used, if ap- ate, contaminated run-off, or haz- plicable; and ardous waste decomposition products (4) A detailed description of the steps to the ground or surface waters or to needed to remove or decontaminate all the atmosphere, and hazardous waste residues and contami- (c) Complies with the closure require- nated containment system compo- ments of this subpart, including, but nents, equipment, structures, and soils not limited to, the requirements of during partial and final closure includ- §§ 265.197, 265.228, 265.258, 265.280, 265.310, ing, but not limited to, procedures for 265.351, 265.381, 265.404, and 264.1102. cleaning equipment and removing con- taminated soils, methods for sampling [51 FR 16451, May 2, 1986, as amended at 57 FR 37267, Aug. 18, 1992] and testing surrounding soils, and cri- teria for determining the extent of de- § 265.112 Closure plan; amendment of contamination necessary to satisfy the plan. closure performance standard; and (a) Written plan. By May 19, 1981, or (5) A detailed description of other ac- by six months after the effective date tivities necessary during the partial of the rule that first subjects a facility and final closure period to ensure that to provisions of this section, the owner all partial closures and final closure or operator of a hazardous waste man- satisfy the closure performance stand- agement facility must have a written ards, including, but not limited to, closure plan. Until final closure is com- ground-water monitoring, leachate col- pleted and certified in accordance with lection, and run-on and run-off control; § 265.115, a copy of the most current and plan must be furnished to the Regional (6) A schedule for closure of each haz- Administrator upon request, including ardous waste management unit and for request by mail. In addition, for facili- final closure of the facility. The sched- ties without approved plans, it must ule must include, at a minimum, the also be provided during site inspec- total time required to close each haz- tions, on the day of inspection, to any ardous waste management unit and the officer, employee, or representative of time required for intervening closure the Agency who is duly designated by activities which will allow tracking of the Administrator. the progress of partial and final clo- (b) Content of plan. The plan must sure. (For example, in the case of a identify steps necessary to perform landfill unit, estimates of the time re- partial and/or final closure of the facil- quired to treat or dispose of all haz- ity at any point during its active life. ardous waste inventory and of the time The closure plan must include, at least: required to place a final cover must be (1) A description of how each haz- included.); and ardous waste management unit at the (7) An estimate of the expected year facility will be closed in accordance of final closure for facilities that use with § 265.111; and trust funds to demonstrate financial (2) A description of how final closure assurance under § 265.143 or § 265.145 and of the facility will be conducted in ac- whose remaining operating life is less cordance with § 265.111. The description than twenty years, and for facilities must identify the maximum extent of without approved closure plans. the operation which will be unclosed (8) For facilities where the Regional during the active life of the facility; Administrator has applied alternative and requirements at a regulated unit under
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§§ 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 (i) Changes in operating plans or fa- must submit the modified plan within cility design affect the closure plan, or 60 days of the request from the Re- (ii) There is a change in the expected gional Administrator, or within 30 days year of closure, if applicable, or if the unexpected event occurs during (iii) In conducting partial or final partial or final closure. If the amend- closure activities, unexpected events ment is considered a Class 2 or 3 modi- require a modification of the closure fication according to the criteria in plan. § 270.42, the modification to the plan (iv) The owner or operator requests will be approved in accordance with the the Regional Administrator to apply procedures in § 265.112(d)(4). alternative requirements to a regu- (d) Notification of partial closure and lated unit under §§ 265.90(f), 265.110(d), final closure. (1) The owner or operator and/or 265.140(d). must submit the closure plan to the (2) The owner or operator must Regional Administrator at least 180 amend the closure plan at least 60 days days prior to the date on which he ex- prior to the proposed change in facility pects to begin closure of the first sur- design or operation, or no later than 60 face impoundment, waste pile, land days after an unexpected event has oc- treatment, or landfill unit, or final clo- curred which has affected the closure sure if it involves such a unit, which- plan. If an unexpected event occurs ever is earlier. The owner or operator during the partial or final closure pe- must submit the closure plan to the riod, the owner or operator must Regional Administrator at least 45 amend the closure plan no later than 30 days prior to the date on which he ex- days after the unexpected event. These pects to begin partial or final closure provisions also apply to owners or op- of a boiler or industrial furnace. The erators of surface impoundments and owner or operator must submit the clo- waste piles who intended to remove all sure plan to the Regional Adminis- hazardous wastes at closure, but are re- trator at least 45 days prior to the date quired to close as landfills in accord- on which he expects to begin final clo- ance with § 265.310. sure of a facility with only tanks, con- (3) An owner or operator with an ap- tainer storage, or incinerator units. proved closure plan must submit the Owners or operators with approved clo- modified plan to the Regional Adminis- sure plans must notify the Regional trator at least 60 days prior to the pro- Administrator in writing at least 60 posed change in facility design or oper- days prior to the date on which he ex- ation, or no more than 60 days after an pects to begin closure of a surface im- unexpected event has occurred which poundment, waste pile, landfill, or land has affected the closure plan. If an un- treatment unit, or final closure of a fa- expected event has occurred during the cility involving such a unit. Owners or
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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 ceive additional hazardous wastes, no days from the date of the notice. He later than one year after the date on will also, in response to a request or at which the unit received the most re- his own discretion, hold a public hear- cent volume of hazardous waste. If the ing whenever such a hearing might owner or operator of a hazardous waste clarify one or more issues concerning a management unit can demonstrate to closure plan. The Regional Adminis- the Regional Administrator that the trator will give public notice of the hazardous waste management unit or hearing at least 30 days before it oc- facility has the capacity to receive ad- curs. (Public notice of the hearing may ditional hazardous wastes and he has be given at the same time as notice of taken, and will continue to take, all the opportunity for the public to sub- steps to prevent threats to human mit written comments, and the two no- health and the environment, including tices may be combined.) The Regional compliance with all interim status re- Administrator will approve, modify, or quirements, the Regional Adminis- disapprove the plan within 90 days of trator may approve an extension to its receipt. If the Regional Adminis- this one-year limit; or trator does not approve the plan he (ii) For units meeting the require- shall provide the owner or operator ments of § 265.113(d), no later than 30 with a detailed written statement of days after the date on which the haz- reasons for the refusal and the owner ardous waste management unit re- or operator must modify the plan or ceives the known final volume of non- submit a new plan for approval within hazardous wastes, or if there is a rea- 30 days after receiving such written sonable possibility that the hazardous statement. The Regional Adminis- waste management unit will receive trator will approve or modify this plan additional nonhazardous wastes, no in writing within 60 days. If the Re- later than one year after the date on gional Administrator modifies the which the unit received the most re- plan, this modified plan becomes the cent volume of nonhazardous wastes. If approved closure plan. The Regional the owner or operator can demonstrate Administrator must assure that the ap- to the Regional Administrator that the proved plan is consistent with §§ with hazardous waste management unit has 265.111 through 265.115 and the applica- the capacity to receive additional non- ble requirements of subpart F of this hazardous wastes and he has taken, and part, §§ 265.197, 265.228, 265.258, 265.280, will continue to take, all steps to pre- 265.310, 265.351, 265.381, 265.404, and vent threats to human health and the 264.1102. A copy of the modified plan environment, including compliance with a detailed statement of reasons with all applicable interim status re- for the modifications must be mailed quirements, the Regional Adminis- to the owner or operator.
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(e) Removal of wastes and decontamina- (b) The owner or operator must com- tion or dismantling of equipment. Noth- plete partial and final closure activi- ing in this section shall preclude the ties in accordance with the approved owner or operator from removing haz- closure plan and within 180 days after ardous wastes and decontaminating or receiving the final volume of hazardous dismantling equipment in accordance wastes, or the final volume of nonhaz- with the approved partial or final clo- ardous wastes if the owner or operator sure plan at any time before or after complies with all applicable require- notification of partial or final closure. ments in paragraphs (d) and (e) of this section, at the hazardous waste man- [51 FR 16451, May 2, 1986, as amended at 54 agement unit or facility, or 180 days FR 37935, Sept. 28, 1988; 56 FR 7207, Feb. 21, 1991; 56 FR 42512, Aug. 27, 1991; 57 FR 37267, after approval of the closure plan, if Aug. 18, 1992; 63 FR 56734, Oct. 22, 1998] that is later. The Regional Adminis- trator may approve an extenstion to § 265.113 Closure; time allowed for clo- the closure period if the owner or oper- sure. ator 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 wastes if the owner or operator com- (ii)(A) The hazardous waste manage- plies with all applicable requirements ment unit or facility has the capacity in paragraphs (d) and (e) of this sec- to receive additional hazardous wastes, tion, at a hazardous waste manage- or has the capacity to receive non-haz- ment unit or facility, or within 90 days ardous wastes if the facility owner or after approval of the closure plan, operator complies with paragraphs (d) whichever is later, the owner or oper- and (e) of this section; and ator must treat, remove from the unit (B) There is reasonable likelihood or facility, or dispose of on-site, all that he or another person will recom- hazardous wastes in accordance with mence operation of the hazardous the approved closure plan. The Re- waste management unit or the facility gional Administrator may approve a within one year; and longer period if the owner or operator (C) Closure of the hazardous waste demonstrates that: management unit or facility would be (1)(i) The activities required to com- incompatible with continued operation ply with this paragraph will, of neces- of the site; and sity, take longer than 90 days to com- (2) He has taken and will continue to plete; or take all steps to prevent threats to (ii)(A) The hazardous waste manage- human health and the environment ment unit or facility has the capacity from the unclosed but not operating to receive additional hazardous wastes, hazardous waste management unit or or has the capacity to receive non-haz- facility, including compliance with all ardous wastes if the facility owner or applicable interim status require- operator complies with paragraphs (d) ments. and (e) of this section; and (c) The demonstrations referred to in (B) There is a reasonable likelihood paragraphs (a)(1) and (b)(1) of this sec- that he or another person will recom- tion must be made as follows: mence operation of the hazardous (1) The demonstrations in paragraph waste management unit or the facility (a)(1) of this section must be made at within one year; and least 30 days prior to the expiration of (C) Closure of the hazardous waste the 90-day period in paragraph (a) of management unit or facility would be this section; and incompatible with continued operation (2) The demonstration in paragraph of the site; and (b)(1) of this section must be made at (2) He has taken and will continue to least 30 days prior to the expiration of take all steps to prevent threats to the 180-day period in paragraph (b) of human health and the environment, in- this section, unless the owner or oper- cluding compliance with all applicable ator is otherwise subject to the dead- interim status requirements. lines in paragraph (d) of this section.
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(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: (iii) The non-hazardous wastes will (i) A contingent corrective measures not be incompatible with any remain- plan; and ing wastes in the unit or with the facil- ity design and operating requirements (ii) A plan for removing hazardous of the unit or facility under this part; wastes in compliance with paragraph and (e)(2) of this section; and (iv) Closure of the hazardous waste (2) Remove all hazardous wastes from management unit would be incompat- the unit by removing all hazardous liq- ible with continued operation of the uids and removing all hazardous unit or facility; and sludges to the extent practicable with- (v) The owner or operator is oper- out impairing the integrity of the ating and will continue to operate in liner(s), if any. compliance with all applicable interim (3) Removal of hazardous wastes status requirements; and must be completed no later than 90 (2) The part B application includes an days after the final receipt of haz- amended waste analysis plan, ground- ardous wastes. The Regional Adminis- water monitoring and response pro- trator may approve an extension to gram, human exposure assessment re- this deadline if the owner or operator quired under RCRA section 3019, and demonstrates that the removal of haz- closure and post-closure plans, and up- ardous wastes will, of necessity, take dated cost estimates and demonstra- longer than the allotted period to com- tions of financial assurance for closure plete and that an extension will not and post-closure care as necessary and pose a threat to human health and the appropriate to reflect any changes due environment. to the presence of hazardous constitu- (4) If a release that is a statistically ents in the non-hazardous wastes, and significant increase (or decrease in the changes in closure activities, including case of pH) in hazardous oonstituents the expected year of closure if applica- over background levels is detected in ble under § 265.112(b)(7), as a result of accordance with the requirements in the receipt of non-hazardous wastes subpart F of this part, the owner or op- following the final receipt of hazardous erator of the unit: wastes; and (i) Must implement corrective meas- (3) The part B application is amend- ures in accordance with the approved ed, as necessary and appropriate, to ac- contingent corrective measures plan count for the receipt of non-hazardous required by paragraph (e)(1) of this sec- wastes following receipt of the final tion no later than one year after detec- volume of hazardous wastes; and tion of the release, or approval of the (4) The part B application and the contingent corrective measures plan, demonstrations referred to in para- whichever is later;
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(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 semi-annual reports to the Re- statement of reasons for the final deci- gional Administrator that describe the sion. If the Regional Administrator de- progress of the corrective action pro- termines that substantial progress has gram, compile all ground-water moni- not been made, closure must be initi- toring data, and evaluate the effect of ated in accordance with the deadlines the continued receipt of non-hazardous in paragraphs (a) and (b) of this sec- wastes on the effectiveness of the cor- tion. rective action. (v) The final determinations made by (6) The Regional Administrator may the Regional Administrator under require the owner or operator to com- paragraphs (e)(7) (iii) and (iv) of this mence closure of the unit if the owner section are not subject to administra- or operator fails to implement correc- tive appeal. tive action measures in accordance [51 FR 16451, May 2, 1986, as amended at 54 with the approved contingent correc- FR 33396, Aug. 14, 1989; 56 FR 42512, Aug. 27, tive measures plan within one year as 1991] required in paragraph (e)(4) of this sec- tion, or fails to make substantial § 265.114 Disposal or decontamination of equipment, structures and soils. progress in implementing corrective action and achieving the facility’s During the partial and final closure background levels. periods, all contaminated equipment, (7) If the owner or operator fails to structures and soil must be properly implement corrective measures as re- disposed of, or decontaminated unless quired in paragraph (e)(4) of this sec- specified otherwise in §§ 265.197, 265.228, tion, or if the Regional Administrator 265.258, 265.280, or 265.310. By removing determines that substantial progress all hazardous wastes or hazardous con- has not been made pursuant to para- stituents during partial and final clo- graph (e)(6) of this section he shall: sure, the owner or operator may be- (i) Notify the owner or operator in come a generator of hazardous waste writing that the owner or operator and must handle that hazardous waste must begin closure in accordance with in accordance with all applicable re- the deadline in paragraphs (a) and (b) quirements of part 262 of this chapter. of this section and provide a detailed [51 FR 16451, May 2, 1986, as amended at 53 statement of reasons for this deter- FR 34086, Sept. 2, 1988] mination, and (ii) Provide the owner or operator § 265.115 Certification of closure. and the public, through a newspaper Within 60 days of completion of clo- notice, the opportunity to submit writ- sure of each hazardous waste surface ten comments on the decision no later impoundment, waste pile, land treat- than 20 days after the date of the no- ment, and landfill unit, and within 60 tice. days of completion of final closure, the (iii) If the Regional Administrator owner or operator must submit to the receives no written comments, the de- Regional Administrator, by registered cision will become final five days after mail, a certification that the hazardous the close of the comment period. The waste management unit or facility, as
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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 an independent registered riod applicable to the hazardous waste professional engineer. Documentation management unit, or facility, if all dis- supporting the independent registered posal units have been closed, if he finds professional engineer’s certification that the reduced period is sufficient to must be furnished to the Regional Ad- protect human health and the environ- ministrator upon request until he re- ment (e.g., leachate or ground-water leases the owner or operator from the monitoring results, characteristics of financial assurance requirements for the hazardous waste, application of ad- closure under § 265.143(h). vanced technology, or alternative dis- § 265.116 Survey plat. posal, treatment, or re-use techniques 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- ardous waste disposal unit, an owner or (ii) Extend the post-closure care pe- operator must submit to the local zon- riod applicable to the hazardous waste ing authority, or the authority with ju- management unit or facility, if he risdiction over local land use, and to finds that the extended period is nec- the Regional Administrator, a survey essary to protect human health and the plat indicating the location and dimen- environment (e.g., leachate or ground- sions of landfill cells or other haz- water monitoring results indicate a po- ardous waste disposal units with re- tential for migration of hazardous spect to permanently surveyed bench- wastes at levels which may be harmful marks. This plat must be prepared and to human health and the environment). certified by a professional land sur- (b) The Regional Administator may veyor. The plat filed with the local zon- require, at partial and final closure, ing authority, or the authority with ju- continuation of any of the security re- risdiction over local land use must con- quirements of § 265.14 during part or all tain a note, prominently displayed, of the post-closure period when: which states the owner’s or operator’s (1) Hazardous wastes may remain ex- obligation to restrict disturbance of posed after completion of partial or the hazardous waste disposal unit in final closure; or accordance with the applicable subpart (2) Access by the public or domestic G regulations. livestock may pose a hazard to human health. § 265.117 Post-closure care and use of property. (c) Post-closure use of property on or in which hazardous wastes remain after (a)(1) Post-closure care for each haz- partial or final closure must never be ardous waste management unit subject allowed to disturb the integrity of the to the requirements of §§ 265.117 final cover, liner(s), or any other com- through 265.120 must begin after com- ponents of the containment system, or pletion of closure of the unit and con- the function of the facility’s moni- tinue for 30 years after that date. It toring systems, unless the Regional must consist of at least the following: Administrator finds that the disturb- (i) Monitoring and reporting in ac- ance: cordance with the requirements of sub- parts F, K, L, M, and N of this part; (1) Is necessary to the proposed use of and the property, and will not increase the (ii) Maintenance and monitoring of potential hazard to human health or waste containment systems in accord- the environment; or ance with the requirements of subparts (2) Is necessary to reduce a threat to F, K, L, M, and N of this part. human health or the environment. (2) Any time preceding closure of a (d) All post-closure care activities hazardous waste management unit sub- must be in accordance with the provi- ject to post-closure care requirements sions of the approved post-closure plan or final closure, or any time during the as specified in § 265.118.
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§ 265.118 Post-closure plan; amend- (3) The name, address, and phone ment of plan. number of the person or office to con- (a) Written plan. By May 19, 1981, the tact about the hazardous waste dis- owner or operator of a hazardous waste posal unit or facility during the post- disposal unit must have a written post- closure care period. closure plan. An owner or operator of a (4) For facilities subject to § 265.121, surface impoundment or waste pile provisions that satisfy the require- that intends to remove all hazardous ments of § 265.121(a)(1) and (3). wastes at closure must prepare a post- (5) For facilities where the Regional closure plan and submit it to the Re- Administrator has applied alternative gional Administrator within 90 days of requirements at a regulated unit under the date that the owner or operator or §§ 265.90(f), 265.110(d), and/or 265.140(d), Regional Administrator determines either the alternative requirements that the hazardous waste management that apply to the regulated unit, or a unit or facility must be closed as a reference to the enforceable document landfill, subject to the requirements of containing those requirements. §§ 265.117 through 265.120. (d) Amendment of plan. The owner or (b) Until final closure of the facility, operator may amend the post-closure a copy of the most current post-closure plan any time during the active life of plan must be furnished to the Regional the facility or during the post-closure Administrator upon request, including care period. An owner or operator with request by mail. In addition, for facili- an approved post-closure plan must ties without approved post-closure submit a written request to the Re- plans, it must also be provided during gional Administrator to authorize a site inspections, on the day of inspec- change to the approved plan. The writ- tion, to any officer, employee or rep- ten request must include a copy of the resentative of the Agency who is duly amended post-closure plan for approval designated by the Administrator. After by the Regional Administrator. final closure has been certified, the (1) The owner or operator must person or office specified in amend the post-closure plan whenever: § 265.118(c)(3) must keep the approved (i) Changes in operating plans or fa- post-closure plan during the post-clo- cility design affect the post-closure sure period. plan, or (c) For each hazardous waste man- (ii) Events which occur during the ac- agement unit subject to the require- tive life of the facility, including par- ments of this section, the post-closure tial and final closures, affect the post- plan must identify the activities that closure plan. will be carried on after closure of each (iii) The owner or operator requests disposal unit and the frequency of the Regional Administrator to apply these activities, and include at least: alternative requirements to a regu- (1) A description of the planned moni- lated unit under §§ 265.90(f), 265.110(d), toring activities and frequencies at and/or 265.140(d). which they will be performed to com- (2) The owner or operator must ply with subparts F, K, L, M, and N of amend the post-closure plan at least 60 this part during the post-closure care days prior to the proposed change in fa- period; and cility design or operation, or no later (2) A description of the planned main- than 60 days after an unexpected event tenance activities, and frequencies at has occurred which has affected the which they will be performed, to en- post-closure plan. sure: (3) An owner or operator with an ap- (i) The integrity of the cap and final proved post-closure plan must submit cover or other containment systems in the modified plan to the Regional Ad- accordance with the requirements of ministrator at least 60 days prior to subparts K, L, M, and N of this part; the proposed change in facility design and or operation, or no more than 60 days (ii) The function of the monitoring after an unexpected event has occurred equipment in accordance with the re- which has affected the post-closure quirements of subparts F, K, L, M, and plan. If an owner or operator of a sur- N of this part; and face impoundment or a waste pile who
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intended to remove all hazardous submit the post-closure plan to the Re- wastes at closure in accordance with gional Administrator no later than 15 § 265.228(b) or § 265.258(a) is required to days after: close as a landfill in accordance with (1) Termination of interim status (ex- § 265.310, the owner or operator must cept when a permit is issued to the fa- submit a post-closure plan within 90 cility simultaneously with termination days of the determination by the owner of interim status); or or operator or Regional Administrator (2) Issuance of a judicial decree or that the unit must be closed as a land- final orders under section 3008 of RCRA fill. If the amendment to the post-clo- to cease receiving wastes or close. sure plan is a Class 2 or 3 modification (f) The Regional Administrator will according to the criteria in § 270.42, the provide the owner or operator and the modification to the plan will be ap- public, through a newspaper notice, the proved according to the procedures in opportunity to submit written com- § 265.118(f). ments on the post-closure plan and re- (4) The Regional Administrator may quest modifications to the plan no request modifications to the plan under later than 30 days from the date of the the conditions described in paragraph notice. He will also, in response to a re- (d)(1) of this section. An owner or oper- quest or at his own discretion, hold a ator with an approved post-closure public hearing whenever such a hearing plan must submit the modified plan no might clarify one or more issues con- later than 60 days of the request from cerning a post-closure plan. The Re- the Regional Administrator. If the gional Administrator will give public amendment to the plan is considered a notice of the hearing at least 30 days Class 2 or 3 modification according to before it occurs. (Public notice of the the criteria in § 270.42, the modifica- hearing may be given at the same time tions to the post-closure plan will be as notice of the opportunity for the approved in accordance with the proce- public to submit written comments, dures in § 265.118(f). If the Regional Ad- and the two notices may be combined.) ministrator determines that an owner The Regional Administrator will ap- or operator of a surface impoundment prove, modify, or disapprove the plan or waste pile who intended to remove within 90 days of its receipt. If the Re- all hazardous wastes at closure must gional Administrator does not approve close the facility as a landfill, the the plan he shall provide the owner or owner or operator must submit a post- operator with a detailed written state- closure plan for approval to the Re- ment of reasons for the refusal and the gional Administrator within 90 days of owner or operator must modify the the determination. plan or submit a new plan for approval (e) The owner or operator of a facil- within 30 days after receiving such ity with hazardous waste management written statement. The Regional Ad- units subject to these requirements ministrator will approve or modify this must submit his post-closure plan to plan in writing within 60 days. If the the Regional Administrator at least 180 Regional Administrator modifies the days before the date he expects to plan, this modified plan becomes the begin partial or final closure of the approved post-closure plan. The Re- first hazardous waste disposal unit. gional Administrator must ensure that The date he ‘‘expects to begin closure’’ the approved post-closure plan is con- of the first hazardous waste disposal sistent with §§ 265.117 through 265.120. A unit must be either within 30 days copy of the modified plan with a de- after the date on which the hazardous tailed statement of reasons for the waste management unit receives the modifications must be mailed to the known final volume of hazardous waste owner or operator. or, if there is a reasonable possibility (g) The post-closure plan and length that the hazardous waste management of the post-closure care period may be unit will receive additional hazardous modified any time prior to the end of wastes, no later than one year after the the post-closure care period in either of date on which the unit received the the following two ways: most recent volume of hazardous (1) The owner or operator or any wastes. The owner or operator must member of the public may petition the
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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. (i) The Regional Administrator will riod specified in the current post-clo- provide the owner or operator and the sure plan (e.g., leachate or ground- affected public, through a newspaper water monitoring results, characteris- notice, the opportunity to submit writ- tics of the wastes, application of ad- ten comments within 30 days of the vanced technology, or alternative dis- date of the notice and the opportunity posal, treatment, or re-use techniques for a public hearing as in paragraph indicate that the facility is secure), or (g)(1)(ii) of this section. After consid- (B) The requested extension in the ering the comments, he will issue a post-closure care period or alteration final determination. of post-closure care requirements is (ii) The Regional Administrator will necessary to prevent threats to human base his final determination upon the health and the environment (e.g., same criteria as required for petitions leachate or ground-water monitoring under paragraph (g)(1)(i) of this sec- results indicate a potential for migra- tion. A modification of the post-closure tion of hazardous wastes at levels plan may include, where appropriate, which may be harmful to human health the temporary suspension rather than and the environment). permanent deletion of one or more (ii) These petitions will be considered post-closure care requirements. At the by the Regional Administrator only end of the specified period of suspen- when they present new and relevant in- sion, the Regional Administrator formation not previously considered by would then determine whether the re- the Regional Administrator. Whenever quirement(s) should be permanently the Regional Administrator is consid- discontinued or reinstated to prevent ering a petition, he will provide the threats to human health and the envi- owner or operator and the public, ronment. through a newspaper notice, the oppor- [51 FR 16451, May 2, 1986, as amended at 53 tunity to submit written comments FR 37935, Sept. 28, 1988; 63 FR 56734, Oct. 22, within 30 days of the date of the notice. 1998] He will also, in response to a request or at his own discretion, hold a public § 265.119 Post-closure notices. hearing whenever a hearing might clar- (a) No later than 60 days after certifi- ify one or more issues concerning the cation of closure of each hazardous post-closure plan. The Regional Admin- waste disposal unit, the owner or oper- istrator will give the public notice of ator must submit to the local zoning the hearing at least 30 days before it authority, or the authority with juris- occurs. (Public notice of the hearing diction over local land use, and to the may be given at the same time as no- Regional Administrator, a record of tice of the opportunity for written pub- the type, location, and quantity of haz- lic comments, and the two notices may ardous wastes disposed of within each be combined.) After considering the cell or other disposal unit of the facil- comments, he will issue a final deter- ity. For hazardous wastes disposed of mination, based upon the criteria set before January 12, 1981, the owner or forth in paragraph (g)(1) of this section. operator must identify the type, loca- (iii) If the Regional Administrator tion and quantity of the hazardous denies the petition, he will send the pe- wastes to the best of his knowledge and
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in accordance with any records he has (1) The removal of the notation on kept. the deed to the facility property or (b) Within 60 days of certification of other instrument normally examined closure of the first hazardous waste during title search, or disposal unit and within 60 days of cer- (2) The addition of a notation to the tification of closure of the last haz- deed or instrument indicating the re- ardous waste disposal unit, the owner moval of the hazardous waste. or operator must: (1) Record, in accordance with State § 265.120 Certification of completion of law, a notation on the deed to the facil- post-closure care. ity property—or on some other instru- No later than 60 days after the com- ment which is normally examined dur- pletion of the established post-closure ing title search—that will in per- care period for each hazardous waste petuity notify any potential purchaser disposal unit, the owner or operator of the property that: must submit to the Regional Adminis- (i) The land has been used to manage trator, by registered mail, a certifi- hazardous wastes; and cation that the post-closure care period (ii) Its use is restricted under 40 CFR for the hazardous waste disposal unit subpart G regulations; and was performed in accordance with the (iii) The survey plat and record of the specifications in the approved post-clo- type, location, and quantity of haz- sure plan. The certification must be ardous wastes disposed of within each signed by the owner or operator and an cell or other hazardous waste disposal independent registered professional en- unit of the facility required by §§ 265.116 gineer. Documentation supporting the and 265.119(a) have been filed with the independent registered professional en- local zoning authority or the authority gineer’s certification must be furnished with jurisdiction over local land use to the Regional Administrator upon re- and with the Regional Administrator; quest until he releases the owner or op- and erator from the financial assurance re- (2) Submit a certification signed by quirements for post-closure care under the owner or operator that he has § 265.145(h). recorded the notation specified in para- graph (b)(1) of this section and a copy § 265.121 Post-closure requirements of the document in which the notation for facilities that obtain enforceable has been placed, to the Regional Ad- documents in lieu of post-closure ministrator. permits. (c) If the owner or operator or any (a) Owners and operators who are subsequent owner of the land upon subject to the requirement to obtain a which a hazardous waste disposal unit post-closure permit under 40 CFR was located wishes to remove haz- 270.1(c), but who obtain enforceable ardous wastes and hazardous waste res- documents in lieu of post-closure per- idues, the liner, if any, and all con- mits, as provided under 40 CFR taminated structures, equipment, and 270.1(c)(7), must comply with the fol- soils, he must request a modification lowing requirements: to the approved post-closure plan in ac- (1) The requirements to submit infor- cordance with the requirements of mation about the facility in 40 CFR § 265.118(g). The owner or operator must 270.28; demonstrate that the removal of haz- (2) The requirements for facility-wide ardous wastes will satisfy the criteria corrective action in § 264.101 of this of § 265.117(c). By removing hazardous chapter; waste, the owner or operator may be- (3) The requirements of 40 CFR 264.91 come a generator of hazardous waste through 264.100. and must manage it in accordance with (b)(1) The Regional Administrator, in all applicable requirements of this issuing enforceable documents under chapter. If the owner or operator is § 265.121 in lieu of permits, will assure a granted approval to conduct the re- meaningful opportunity for public in- moval activities, the owner or operator volvement which, at a minimum, in- may request that the Regional Admin- cludes public notice and opportunity istrator approve either: for public comment:
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(i) When the Agency becomes in- waste facilities, except as provided oth- volved in a remediation at the facility erwise in this section or in § 265.1. as a regulatory or enforcement matter; (b) The requirements of §§ 265.144 and (ii) On the proposed preferred remedy 265.146 apply only to owners and opera- and the assumptions upon which the tors of: remedy is based, in particular those re- (1) Disposal facilities; lated to land use and site characteriza- (2) Tank systems that are required tion; and under § 264.197 of this chapter to meet (iii) At the time of a proposed deci- the requirements for landfills; and sion that remedial action is complete (3) Containment buildings that are at the facility. These requirements required under § 265.1102 to meet the re- must be met before the Regional Ad- quirements for landfills. ministrator may consider that the fa- cility has met the requirements of 40 (c) States and the Federal govern- CFR 270.1(c)(7), unless the facility ment are exempt from the require- qualifies for a modification to these ments of this subpart. public involvement procedures under (d) The Regional Administrator may paragraph (b)(2) or (3) of this section. replace all or part of the requirements (2) If the Regional Administrator de- of this subpart applying to a regulated termines that even a short delay in the unit with alternative requirements for implementation of a remedy would ad- financial assurance set out in the per- versely affect human health or the en- mit or in an enforceable document (as vironment, the Regional Administrator defined in 40 CFR 270.1(c)(7)), where the may delay compliance with the re- Regional Administrator: quirements of paragraph (b)(1) of this (1) Prescribes alternative require- section and implement the remedy im- ments for the regulated unit under mediately. However, the Regional Ad- § 265.90(f) and/or 265.110(d), and ministrator must assure involvement (2) Determines that it is not nec- of the public at the earliest oppor- essary to apply the requirements of tunity, and, in all cases, upon making this subpart because the alternative fi- the decision that additional remedial nancial assurance requirements will action is not needed at the facility. protect human health and the environ- (3) The Regional Administrator may ment. allow a remediation initiated prior to October 22, 1998 to substitute for cor- [47 FR 15064, Apr. 7, 1982, as amended at 51 rective action required under a post- FR 16455, May 2, 1986; 51 FR 25479, July 14, 1986; 57 FR 37267, Aug. 18, 1992; 63 FR 56734, closure permit even if the public in- Oct. 22, 1998] volvement requirements of paragraph (b)(1) of this section have not been met § 265.141 Definitions of terms as used so long as the Regional Administrator in this subpart. assures that notice and comment on the decision that no further remedi- (a) Closure plan means the plan for ation is necessary to protect human closure prepared in accordance with health and the environment takes the requirements of § 265.112. place at the earliest reasonable oppor- (b) Current closure cost estimate means tunity after October 22, 1998. the most recent of the estimates pre- pared in accordance with § 265.142 (a), [63 FR 56734, Oct. 22, 1998] (b), and (c). (c) Current post-closure cost estimate Subpart H—Financial means the most recent of the estimates Requirements prepared in accordance with § 265.144 (a), (b), and (c). SOURCE: 47 FR 15064, Apr. 7, 1982, unless (d) Parent corporation means a cor- otherwise noted. poration which directly owns at least 50 percent of the voting stock of the § 265.140 Applicability. corporation which is the facility owner (a) The requirements of §§ 265.142, or operator; the latter corporation is 265.143 and 265.147 through 265.150 apply deemed a ‘‘subsidiary’’ of the parent to owners or operators of all hazardous corporation.
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(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 intended to assist in the understanding meanings within the insurance indus- of these regulations and are not in- try. The definitions given below of sev- tended to limit the meanings of terms eral of the terms are intended to assist in a way that conflicts with generally in the understanding of these regula- accepted accounting practices. tions and are not intended to limit Assets means all existing and all their meanings in a way that conflicts probable future economic benefits with general insurance industry usage. obtained or controlled by a particular Accidental occurrence means an acci- entity. dent, including continuous or repeated Current assets means cash or other as- exposure to conditions, which results sets or resources commonly identified in bodily injury or property damage as those which are reasonably expected neither expected nor intended from the to be realized in cash or sold or con- standpoint of the insured. sumed during the normal operating Legal defense costs means any ex- cycle of the business. penses that an insurer incurs in defend- Current liabilities means obligations ing against claims of third parties whose liquidation is reasonably ex- brought under the terms and condi- pected to require the use of existing re- tions of an insurance policy. sources properly classifiable as current Nonsudden accidental occurrence assets or the creation of other current means an occurrence which takes place liabilities. over time and involves continuous or Current plugging and abandonment cost repeated exposure. estimate means the most recent of the Sudden accidental occurrence means an estimates prepared in accordance with occurrence which is not continuous or § 144.62(a), (b), and (c) of this title. repeated in nature. Independently audited refers to an (h) Substantial business relationship audit performed by an independent cer- means the extent of a business rela- tified public accountant in accordance tionship necessary under applicable with generally accepted auditing State law to make a guarantee con- standards. tract issued incident to that relation- Liabilities means probable future sac- ship valid and enforceable. A ‘‘substan- rifices of economic benefits arising tial business relationship’’ must arise from present obligations to transfer as- from a pattern of recent or ongoing sets or provide services to other enti- business transactions, in addition to ties in the future as a result of past the guarantee itself, such that a cur- transactions or events. rently existing business relationship Net working capital means current as- between the guarantor and the owner sets minus current liabilities. or operator is demonstrated to the sat- Net worth means total assets minus isfaction of the applicable EPA Re- total liabilities and is equivalent to gional Administrator. owner’s equity. [47 FR 16558, Apr. 16, 1982, as amended at 51 Tangible net worth means the tangible FR 16456, May 2, 1986; 53 FR 33959, Sept. 1, assets that remain after deducting li- 1988] abilities; such assets would not include intangibles such as goodwill and rights § 265.142 Cost estimate for closure. to patents or royalties. (a) The owner or operator must have (g) In the liability insurance require- a detailed written estimate, in current ments the terms bodily injury and prop- dollars, of the cost of closing the facil- erty damage shall have the meanings ity in accordance with the require- given these terms by applicable State ments in §§ 265.111 through 265.115 and law. However, these terms do not in- applicable closure requirements in
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§§ 265.178, 265.197, 265.228, 265.258, 265.280, the latest published annual Deflator by 265.310, 265.351, 265.381, 265.404, and the Deflator for the previous year. 265.1102. (1) The first adjustment is made by (1) The estimate must equal the cost multiplying the closure cost estimate of final closure at the point in the fa- by the inflation factor. The result is cility’s active life when the extent and the adjusted closure cost estimate. manner of its operation would make (2) Subsequent adjustments are made closure the most expensive, as indi- by multiplying the latest adjusted clo- cated by its closure plan (see sure cost estimate by the latest infla- § 265.112(b)); and tion factor. (2) The closure cost estimate must be (c) During the active life of the facil- based on the costs to the owner or op- ity, the owner or operator must revise erator of hiring a third party to close the closure cost estimate no later than the facility. A third party is a party 30 days after a revision has been made who is neither a parent nor a sub- to the closure plan which increases the sidiary of the owner or operator. (See cost of closure. If the owner or oper- definition of parent corporation in ator has an approved closure plan, the § 265.141(d).) The owner or operator may closure cost estimate must be revised use costs for on-site disposal if he can no later than 30 days after the Re- demonstrate that on-site disposal ca- gional Administrator has approved the pacity will exist at all times over the request to modify the closure plan, if life of the facility. the change in the closure plan in- (3) The closure cost estimate may not creases the cost of closure. The revised incorporate any salvage value that closure cost estimate must be adjusted may be realized with the sale of haz- for inflation as specified in § 265.142(b). ardous wastes, or non-hazardous wastes (d) The owner or operator must keep if applicable under § 265.113(d), facility the following at the facility during the structures or equipment, land, or other operating life of the facility: The latest assets associated with the facility at closure cost estimate prepared in ac- the time of partial or final closure. cordance with §§ 265.142 (a) and (c) and, (4) The owner or operator may not in- when this estimate has been adjusted corporate a zero cost for hazardous in accordance with § 265.142(b), the lat- wastes, or non-hazardous wastes if ap- est adjusted closure cost estimate. plicable under § 265.113(d), that might [47 FR 15064, Apr. 7, 1982, as amended at 50 have economic value. FR 4514, Jan. 31, 1985; 51 FR 16456, May 2, (b) During the active life of the facil- 1986; 54 FR 33397, Aug. 14, 1989; 57 FR 37267, ity, the owner or operator must adjust Aug. 18, 1992] the closure cost estimate for inflation within 60 days prior to the anniversary § 265.143 Financial assurance for clo- date of the establishment of the finan- sure. cial instrument(s) used to comply with By the effective date of these regula- § 265.143. For owners and operators tions, an owner or operator of each fa- using the financial test or corporate cility must establish financial assur- guarantee, the closure cost estimate ance for closure of the facility. He must be updated for inflation within 30 must choose from the options as speci- days after the close of the firm’s fiscal fied in paragraphs (a) through (e) of year and before submission of updated this section. information to the Regional Adminis- (a) Closure trust fund. (1) An owner or trator as specified in § 265.143(e)(3). The operator may satisfy the requirements adjustment may be made by recalcu- of this section by establishing a closure lating the closure cost estimate in cur- trust fund which conforms to the re- rent dollars, or by using an inflation quirements of this paragraph and sub- factor derived from the most recent mitting an originally signed duplicate Implicit Price Deflator for Gross Na- of the trust agreement to the Regional tional Product published by the U.S. Administrator. The trustee must be an Department of Commerce in its Survey entity which has the authority to act of Current Business, as specified in para- as a trustee and whose trust operations graphs (b)(1) and (2) of this section. The are regulated and examined by a Fed- inflation factor is the result of dividing eral or State agency.
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(2) The wording of the trust agree- amount that the fund would contain if ment must be identical to the wording the trust fund were established ini- specified in § 264.151(a)(1), and the trust tially 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 closure must be updated within 60 days after a cost estimate changes, the owner or op- change in the amount of the current erator must compare the new estimate closure cost estimate covered by the with the trustee’s most recent annual agreement. valuation of the trust fund. If the value (3) Payments into the trust fund of the fund is less than the amount of must be made annually by the owner or the new estimate, the owner or oper- operator over the 20 years beginning ator, within 60 days after the change in with the effective date of these regula- the cost estimate, must either deposit tions or over the remaining operating an amount into the fund so that its life of the facility as estimated in the value after this deposit at least equals closure plan, whichever period is short- the amount of the current closure cost er; this period is hereafter referred to estimate, or obtain other financial as- as the ‘‘pay-in period.’’ The payments surance as specified in this section to into the closure trust fund must be cover the difference. made as follows: (7) If the value of the trust fund is (i) The first payment must be made greater than the total amount of the by the effective date of these regula- current closure cost estimate, the tions, except as provided in paragraph owner or operator may submit a writ- (a)(5) of this section. The first payment ten request to the Regional Adminis- must be at least equal to the current trator for release of the amount in closure cost estimate, except as pro- excess of the current closure cost esti- vided in § 265.143(f), divided by the num- mate. ber of years in the pay-in period. (8) If an owner or operator sub- (ii) Subsequent payments must be stitutes other financial assurance as made no later than 30 days after each specified in this section for all or part anniversary date of the first payment. of the trust fund, he may submit a The amount of each subsequent pay- written request to the Regional Admin- ment must be determined by this istrator for release of the amount in formula: excess of the current closure cost esti- mate covered by the trust fund. CE − CV (9) Within 60 days after receiving a Next payment = request from the owner or operator for Y release of funds as specified in para- where CE is the current closure cost es- graph (a) (7) or (8) of this section, the timate, CV is the current value of the Regional Administrator will instruct trust fund, and Y is the number of the trustee to release to the owner or years remaining in the pay-in period. operator such funds as the Regional (4) The owner or operator may accel- Administrator specifies in writing. erate payments into the trust fund or (10) After beginning partial or final he may deposit the full amount of the closure, an owner or operator or an- current closure cost estimate at the other person authorized to conduct time the fund is established. However, partial or final closure may request re- he must maintain the value of the fund imbursements for partial or final clo- at no less than the value that the fund sure expenditures by submitting would have if annual payments were itemized bills to the Regional Adminis- made as specified in paragraph (a)(3) of trator. The owner or operator may re- this section. quest reimbursements for partial clo- (5) If the owner or operator estab- sure only if sufficient funds are re- lishes a closure trust fund after having maining in the trust fund to cover the used one or more alternate mecha- maximum costs of closing the facility nisms specified in this section, his first over its remaining operating life. No payment must be in at least the later than 60 days after receiving bills
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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 sure expenditures are in accordance (ii) Until the standby trust fund is with the approved closure plan, or oth- funded pursuant to the requirements of erwise justified. If the Regional Admin- this section, the following are not re- istrator has reason to believe that the quired by these regulations: maximum cost of closure over the re- (A) Payments into the trust fund as maining life of the facility will be sig- specified in § 265.143(a); nificantly greater than the value of the (B) Updating of Schedule A of the trust fund, he may withhold reimburse- trust agreement (see § 264.151(a)) to ments of such amounts as he deems show current closure cost estimates; prudent until he determines, in accord- (C) Annual valuations as required by ance with § 265.143(h) that the owner or the trust agreement; and operator is no longer required to main- (D) Notices of nonpayment as re- tain financial assurance for final clo- quired by the trust agreement. sure of the facility. If the Regional Ad- (4) The bond must guarantee that the ministrator does not instruct the owner or operator will: trustee to make such reimbursements, (i) Fund the standby trust fund in an he will provide to the owner or oper- amount equal to the penal sum of the ator a detailed written statement of bond before the beginning of final clo- reasons. sure of the facility; or (11) The Regional Administrator will (ii) Fund the standby trust fund in an agree to termination of the trust when: amount equal to the penal sum within (i) An owner or operator substitutes 15 days after an administrative order alternate financial assurance as speci- to begin final closure issued by the Re- fied in this section; or gional Administrator becomes final, or (ii) The Regional Administrator re- within 15 days after an order to begin leases the owner or operator from the final closure is issued by a U.S. district requirements of this section in accord- court or other court of competent ju- ance with § 265.143(h). risdiction; or (b) Surety bond guaranteeing payment (iii) Provide alternate financial as- into a closure trust fund. (1) An owner or surance as specified in this section, and operator may satisfy the requirements obtain the Regional Administrator’s of this section by obtaining a surety written approval of the assurance pro- bond which conforms to the require- vided, within 90 days after receipt by ments of this paragraph and submit- both the owner or operator and the ting the bond to the Regional Adminis- Regional Administrator of a notice of trator. The surety company issuing the cancellation of the bond from the sur- bond must, at a minimum, be among ety. those listed as acceptable sureties on (5) Under the terms of the bond, the Federal bonds in Circular 570 of the surety will become liable on the bond U.S. Department of the Treasury. obligation when the owner or operator (2) The wording of the surety bond fails to perform as guaranteed by the must be identical to the wording speci- bond. fied in § 264.151(b). (6) The penal sum of the bond must (3) The owner or operator who uses a be in an amount at least equal to the surety bond to satisfy the require- current closure cost estimate, except ments of this section must also estab- as provided in § 265.143(f). lish a standby trust fund. Under the (7) Whenever the current closure cost terms of the bond, all payments made estimate increases to an amount great- thereunder will be deposited by the er than the penal sum, the owner or op- surety directly into the standby trust erator, within 60 days after the in- fund in accordance with instructions crease, must either cause the penal from the Regional Administrator. This sum to be increased to an amount at
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least equal to the current closure cost to the Regional Administrator with the estimate and submit evidence of such letter of credit; and increase to the Regional Adminis- (ii) Unless the standby trust fund is trator, or obtain other financial assur- funded pursuant to the requirements of ance as specified in this section to this section, the following are not re- cover the increase. Whenever the cur- quired by these regulations: rent closure cost estimate decreases, (A) Payments into the trust fund as the penal sum may be reduced to the specified in § 265.143(a); amount of the current closure cost es- (B) Updating of Schedule A of the timate following written approval by trust agreement (see § 264.151(a)) to the Regional Administrator. show current closure cost estimates; (8) Under the terms of the bond, the (C) Annual valuations as required by surety may cancel the bond by sending the trust agreement; and notice of cancellation by certified mail (D) Notices of nonpayment as re- to the owner or operator and to the Re- quired by the trust agreement. gional Administrator. Cancellation (4) The letter of credit must be ac- may not occur, however, during the 120 companied by a letter from the owner days beginning on the date of receipt of or operator referring to the letter of the notice of cancellation by both the credit by number, issuing institution, owner or operator and the Regional Ad- and date, and providing the following ministrator, as evidenced by the return information: The EPA Identification receipts. Number, name, and address of the facil- (9) The owner or operator may cancel ity, and the amount of funds assured the bond if the Regional Administrator for closure of the facility by the letter has given prior written consent based of credit. on his receipt of evidence of alternate (5) The letter of credit must be irrev- financial assurance as specified in this ocable and issued for a period of at section. least 1 year. The letter of credit must (c) Closure letter of credit. (1) An owner provide that the expiration date will be or operator may satisfy the require- automatically extended for a period of ments of this section by obtaining an at least 1 year unless, at least 120 days irrevocable standby letter of credit before the current expiration date, the which conforms to the requirements of issuing institution notifies both the this paragraph and submitting the let- owner or operator and the Regional Ad- ter to the Regional Administrator. The ministrator by certified mail of a deci- issuing institution must be an entity sion not to extend the expiration date. which has the authority to issue letters Under the terms of the letter of credit, of credit and whose letter-of-credit op- the 120 days will begin on the date erations are regulated and examined by when both the owner or operator and a Federal or State agency. the Regional Administrator have re- (2) The wording of the letter of credit ceived the notice, as evidenced by the must be identical to the wording speci- return receipts. fied in § 264.151(d). (6) The letter of credit must be issued (3) An owner or operator who uses a in an amount at least equal to the cur- letter of credit to satisfy the require- rent closure cost estimate, except as ments of this section must also estab- provided in § 265.143(f). lish a standby trust fund. Under the (7) Whenever the current closure cost terms of the letter of credit, all estimate increases to an amount great- amounts paid pursuant to a draft by er than the amount of the credit, the the Regional Administrator will be de- owner or operator, within 60 days after posited by the issuing institution di- the increase, must either cause the rectly into the standby trust fund in amount of the credit to be increased so accordance with instructions from the that it at least equals the current clo- Regional Administrator. This standby sure cost estimate and submit evidence trust fund must meet the requirements of such increase to the Regional Ad- of the trust fund specified in ministrator, or obtain other financial § 265.143(a), except that: assurance as specified in this section to (i) An originally signed duplicate of cover the increase. Whenever the cur- the trust agreement must be submitted rent closure cost estimate decreases,
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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 (8) Following a final administrative operator must submit the certificate of determination pursuant to section 3008 insurance to the Regional Adminis- of RCRA that the owner or operator trator or establish other financial as- has failed to perform final closure in surance as specified in this section. At accordance with the approved closure a minimum, the insurer must be li- plan when required to do so, the Re- censed to transact the business of in- gional Administrator may draw on the surance, or eligible to provide insur- letter of credit. ance as an excess or surplus lines in- (9) If the owner or operator does not surer, in one or more States. establish alternate financial assurance (2) The wording of the certificate of as specified in this section and obtain insurance must be identical to the written approval of such alternate as- wording specified in § 264.151(e). surance from the Regional Adminis- (3) The closure insurance policy must trator within 90 days after receipt by be issued for a face amount at least both the owner or operator and the Re- equal to the current closure cost esti- gional Administrator of a notice from mate, except as provided in § 265.143(f). the issuing institution that it has de- The term ‘‘face amount’’ means the cided not to extend the letter of credit total amount the insurer is obligated beyond the current expiration date, the to pay under the policy. Actual pay- Regional Administrator will draw on ments by the insurer will not change the letter of credit. The Regional Ad- the face amount, although the insur- ministrator may delay the drawing if er’s future liability will be lowered by the issuing institution grants an exten- the amount of the payments. sion of the term of the credit. During (4) The closure insurance policy must the last 30 days of any such extension guarantee that funds will be available the Regional Administrator will draw to close the facility whenever final clo- on the letter of credit if the owner or sure occurs. The policy must also guar- operator has failed to provide alternate antee that once final closure begins, financial assurance as specified in this the insurer will be responsible for pay- section and obtain written approval of ing out funds, up to an amount equal to such assurance from the Regional Ad- the face amount of the policy, upon the ministrator. direction of the Regional Adminis- (10) The Regional Administrator will trator, to such party or parties as the return the letter of credit to the Regional Administrator specifies. issuing institution for termination (5) After beginning partial or final when: closure, an owner or operator or any (i) An owner or operator substitutes other person authorized to conduct clo- alternate financial assurance as speci- sure may request reimbursements for fied in this section; or closure expenditures by submitting (ii) The Regional Administrator re- itemized bills to the Regional Adminis- leases the owner or operator from the trator. The owner or operator may re- requirements of this section in accord- quest reimbursements for partial clo- ance with § 265.143(h). sure only if the remaining value of the (d) Closure insurance. (1) An owner or policy is sufficient to cover the max- operator may satisfy the requirements imum costs of closing the facility over of this section by obtaining closure in- its remaining operating life. Within 60 surance which conforms to the require- days after receiving bills for closure ments of this paragraph and submit- activities, the Regional Administrator ting a certificate of such insurance to will instruct the insurer to make reim- the Regional Administrator. By the ef- bursements in such amounts as the Re- fective date of these regulations the gional Administrator specifies in writ- owner or operator must submit to the ing if the Regional Administrator de- Regional Administrator a letter from termines that the partial or final clo- an insurer stating that the insurer is sure expenditures are in accordance
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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 nificantly greater than the face policy will remain in full force and ef- amount of the policy, he may withhold fect in the event that on or before the reimbursement of such amounts as he date of expiration: deems prudent until he determines, in (i) The Regional Administrator accordance with § 265.143(h), that the deems the facility abandoned; or owner or operator is no longer required (ii) Interim status is terminated or to maintain financial assurance for revoked; or final closure of the particular facility. (iii) Closure is ordered by the Re- If the Regional Administrator does not gional Administrator or a U.S. district instruct the insurer to make such re- court or other court of competent ju- imbursements, he will provide to the risdiction; or owner or operator a detailed written (iv) The owner or operator is named 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 closure cost the owner or operator as specified in estimate increases to an amount great- paragraph (d)(10) of this section. Fail- er than the face amount of the policy, ure to pay the premium, without sub- the owner or operator, within 60 days stitution of alternate financial assur- after the increase, must either cause ance as specified in this section, will the face amount to be increased to an constitute a significant violation of amount at least equal to the current these regulations, warranting such closure cost estimate and submit evi- remedy as the Regional Administrator dence of such increase to the Regional deems necessary. Such violation will Administrator, or obtain other finan- be deemed to begin upon receipt by the cial assurance as specified in this sec- Regional Administrator of a notice of tion to cover the increase. Whenever future cancellation, termination, or the current closure cost estimate de- failure to renew due to nonpayment of creases, the face amount may be the premium, rather than upon the reduced to the amount of the current date of expiration. closure cost estimate following written (7) Each policy must contain a provi- approval by the Regional Adminis- sion allowing assignment of the policy trator. to a successor owner or operator. Such (10) The Regional Administrator will assignment may be conditional upon give written consent to the owner or consent of the insurer, provided such operator that he may terminate the in- consent is not unreasonably refused. surance policy when: (8) The policy must provide that the (i) An owner or operator substitutes insurer may not cancel, terminate, or alternate financial assurance as speci- fail to renew the policy except for fail- fied in this section; or ure to pay the premium. The auto- (ii) The Regional Administrator re- matic renewal of the policy must, at a leases the owner or operator from the minimum, provide the insured with the requirements of this section in accord- option of renewal at the face amount of ance with § 265.143(h). the expiring policy. If there is a failure (e) Financial test and corporate guar- to pay the premium, the insurer may antee for closure. (1) An owner or oper- elect to cancel, terminate, or fail to ator may satisfy the requirements of renew the policy by sending notice by this section by demonstrating that he certified mail to the owner or operator passes a financial test as specified in and the Regional Administrator. Can- this paragraph. To pass this test the cellation, termination, or failure to owner or operator must meet the cri- renew may not occur, however, during teria of either paragraph (e)(1)(i) or (ii) the 120 days beginning with the date of of this section:
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(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 assets to current liabilities greater (ii) A copy of the independent cer- than 1.5; and tified public accountant’s report on ex- (B) Net working capital and tangible amination of the owner’s or operator’s net worth each at least six times the financial statements for the latest sum of the current closure and post- completed fiscal year; and closure cost estimates and the current (iii) A special report from the owner’s plugging and abandonment cost esti- or operator’s independent certified pub- mates; and lic accountant to the owner or operator (C) Tangible net worth of at least $10 stating that: million; and (A) He has compared the data which (D) Assets located in the United the letter from the chief financial offi- States amounting to at least 90 percent cer specifies as having been derived of total assets or at least six times the from the independently audited, year- sum of the current closure and post- end financial statements for the latest closure cost estimates and the current fiscal year with the amounts in such fi- plugging and abandonment cost esti- nancial statements; and mates. (B) In connection with that proce- (ii) The owner or operator must have: dure, no matters came to his attention (A) A current rating for his most re- which caused him to believe that the cent bond issuance of AAA, AA, A, or specified data should be adjusted. BBB as issued by Standard and Poor’s (4) The owner or operator may obtain or Aaa, Aa, A, or Baa as issued by an extension of the time allowed for Moody’s; and submission of the documents specified (B) Tangible net worth at least six in paragraph (e)(3) of this section if the times the sum of the current closure fiscal year of the owner or operator and post-closure cost estimates and the ends during the 90 days prior to the ef- current plugging and abandonment fective date of these regulations and if cost estimates; and the year-end financial statements for (C) Tangible net worth of at least $10 that fiscal year will be audited by an million; and independent certified public account- (D) Assets located in the United ant. The extension will end no later States amounting to at least 90 percent than 90 days after the end of the own- of total assets or at least six times the er’s or operator’s fiscal year. To obtain sum of the current closure and post- the extension, the owner’s or opera- closure cost estimates and the current tor’s chief financial officer must send, plugging and abandonment cost esti- by the effective date of these regula- mates. tions, a letter to the Regional Adminis- (2) The phrase ‘‘current closure and trator of each Region in which the post-closure cost estimates’’ as used in owner’s or operator’s facilities to be paragraph (e)(1) of this section refers to covered by the financial test are lo- the cost estimates required to be cated. This letter from the chief finan- shown in paragraphs 1–4 of the letter cial officer must: from the owner’s or operator’s chief fi- (i) Request the extension; nancial officer (§ 264.151(f)). The phrase (ii) Certify that he has grounds to be- ‘‘current plugging and abandonment lieve that the owner or operator meets cost estimates’’ as used in paragraph the criteria of the financial test; (e)(1) of this section refers to the cost (iii) Specify for each facility to be estimates required to be shown in para- covered by the test the EPA Identifica- graphs 1–4 of the letter from the own- tion Number, name, address, and cur- er’s or operator’s chief financial officer rent closure and post-closure cost esti- (§ 144.70(f) of this title). mates to be covered by the test;
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(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 (v) Specify the date, no later than 90 disclaimer of opinion will be cause for days after the end of such fiscal year, disallowance. The Regional Adminis- when he will submit the documents trator will evaluate other qualifica- specified in paragraph (e)(3) of this sec- tions on an individual basis. The owner tion; and or operator must provide alternate fi- (vi) Certify that the year-end finan- nancial assurance as specified in this cial statements of the owner or oper- section within 30 days after notifica- ator for such fiscal year will be audited tion of the disallowance. by an independent certified public ac- countant. (9) The owner or operator is no longer (5) After the initial submission of required to submit the items specified items specified in paragraph (e)(3) of in paragraph (e)(3) of this section when: this section, the owner or operator (i) An owner or operator substitutes must send updated information to the alternate financial assurance as speci- Regional Administrator within 90 days fied in this section; or after the close of each succeeding fiscal (ii) The Regional Administrator re- year. This information must consist of leases the owner or operator from the all three items specified in paragraph requirements of this section in accord- (e)(3) of this section. ance with § 265.143(h). (6) If the owner or operator no longer (10) An owner or operator may meet meets the requirements of paragraph the requirements of this section by ob- (e)(1) of this section, he must send no- taining a written guarantee. The guar- tice to the Regional Administrator of antor must be the direct or higher-tier intent to establish alternate financial parent corporation of the owner or op- assurance as specified in this section. erator, a firm whose parent corpora- The notice must be sent by certified tion is also the parent corporation of mail within 90 days after the end of the the owner or operator, or a firm with a fiscal year for which the year-end fi- substantial business relationship nancial data show that the owner or ‘‘ ’’ with the owner or operator. The guar- operator no longer meets the require- ments. The owner or operator must antor must meet the requirements for provide the alternate financial assur- owners or operators in paragraphs ance within 120 days after the end of (e)(1) through (8) of this section and such fiscal year. must comply with the terms of the (7) The Regional Administrator may, guarantee. The wording of the guar- based on a reasonable belief that the antee must be identical to the wording owner or operator may no longer meet specified in § 264.151(h). A certified copy the requirements of paragraph (e)(1) of of the guarantee must accompany the this section, require reports of finan- items sent to the Regional Adminis- cial condition at any time from the trator as specified in paragraph (e)(3) owner or operator in addition to those of this section. One of these items must specified in paragraph (e)(3) of this sec- be the letter from the guarantor’s chief tion. If the Regional Administrator financial officer. If the guarantor’s par- finds, on the basis of such reports or ent corporation is also the parent cor- other information, that the owner or poration of the owner or operator, the operator no longer meets the require- letter must describe the value received ments of paragraph (e)(1) of this sec- in consideration of the guarantee. If tion, the owner or operator must pro- the guarantor is a firm with a ‘‘sub- vide alternate financial assurance as stantial business relationship’’ with the specified in this section within 30 days owner or operator, this letter must de- after notification of such a finding. scribe this ‘‘substantial business rela- (8) The Regional Administrator may tionship and the value received in con- disallow use of this test on the basis of ’’ qualifications in the opinion expressed sideration of the guarantee. The terms by the independent certified public ac- of the guarantee must provide that:
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(i) If the owner or operator fails to (g) Use of a financial mechanism for perform final closure of a facility cov- multiple facilities. An owner or operator ered by the corporate guarantee in ac- may use a financial assurance mecha- cordance with the closure plan and nism specified in this section to meet other interim status requirements the requirements of this section for whenever required to do so, the guar- more than one facility. Evidence of fi- antor will do so or establish a trust nancial assurance submitted to the Re- fund as specified in § 265.143(a) in the gional Administrator must include a name of the owner or operator. list showing, for each facility, the EPA (ii) The corporate guarantee will re- Identification Number, name, address, main in force unless the guarantor and the amount of funds for closure as- sends notice of cancellation by cer- sured by the mechanism. If the facili- tified mail to the owner or operator ties covered by the mechanism are in and to the Regional Administrator. more than one Region, identical evi- Cancellation may not occur, however, dence of financial assurance must be during the 120 days beginning on the submitted to and maintained with the date of receipt of the notice of can- Regional Administrators of all such cellation by both the owner or operator Regions. The amount of funds available and the Regional Administrator, as through the mechanism must be no evidenced by the return receipts. less than the sum of funds that would (iii) If the owner or operator fails to be available if a separate mechanism provide alternate financial assurance had been established and maintained as specified in this section and obtain for each facility. In directing funds the written approval of such alternate available through the mechanism for assurance from the Regional Adminis- closure of any of the facilities covered trator within 90 days after receipt by by the mechanism, the Regional Ad- both the owner or operator and the Re- gional Administrator of a notice of ministrator may direct only the cancellation of the corporate guar- amount of funds designated for that fa- antee from the guarantor, the guar- cility, unless the owner or operator antor will provide such alternate finan- agrees to the use of additional funds cial assurance in the name of the available under the mechanism. owner or operator. (h) Release of the owner or operator (f) Use of multiple financial mecha- from the requirements of this section. nisms. An owner or operator may sat- Within 60 days after receiving certifi- isfy the requirements of this section by cations from the owner or operator and establishing more than one financial an independent registered professional mechanism per facility. These mecha- engineer that final closure has been nisms are limited to trust funds, surety completed in accordance with the ap- bonds, letters of credit, and insurance. proved closure plan, the Regional Ad- The mechanisms must be as specified ministrator will notify the owner or in paragraphs (a) through (d), respec- operator in writing that he is no longer tively, of this section, except that it is required by this section to maintain fi- the combination of mechanisms, rather nancial assurance for final closure of than the single mechanism, which the facility, unless the Regional Ad- must provide financial assurance for an ministrator has reason to believe that amount at least equal to the current final closure has not been in accord- closure cost estimate. If an owner or ance with the approved closure plan. operator uses a trust fund in combina- The Regional Administrator shall pro- tion with a surety bond or a letter of vide the owner or operator a detailed credit, he may use the trust fund as the written statement of any such reason standby trust fund for the other mech- to believe that closure has not been in anisms. A single standby trust fund accordance with the approved closure may be established for two or more plan. mechanisms. The Regional Adminis- trator may use any or all of the mecha- [47 FR 15064, Apr. 7, 1982, as amended at 51 nisms to provide for closure of the fa- FR 16456, May 2, 1986; 57 FR 42843, Sept. 16, cility. 1992]
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§ 265.144 Cost estimate for post-closure post-closure cost estimate by the latest care. inflation factor. (c) During the active life of the facil- (a) The owner or operator of a haz- ity, the owner or operator must revise ardous waste disposal unit must have a the post-closure cost estimate no later detailed written estimate, in current than 30 days after a revision to the dollars, of the annual cost of post-clo- post-closure plan which increases the sure monitoring and maintenance of cost of post-closure care. If the owner the facility in accordance with the ap- or operator has an approved post-clo- plicable post-closure regulations in sure plan, the post-closure cost esti- §§ 265.117 through 265.120, 265.228, 265.258, mate must be revised no later than 30 265.280, and 265.310. days after the Regional Administrator (1) The post-closure cost estimate has approved the request to modify the must be based on the costs to the plan, if the change in the post-closure owner or operator of hiring a third plan increases the cost of post-closure party to conduct post-closure care ac- care. The revised post-closure cost esti- tivities. A third party is a party who is mate must be adjusted for inflation as neither a parent nor subsidiary of the specified in § 265.144(b). owner or operator. (See definition of (d) The owner or operator must keep parent corporation in § 265.141(d).) the following at the facility during the (2) The post-closure cost estimate is operating life of the facility: the latest calculated by multiplying the annual post-closure cost estimate prepared in post-closure cost estimate by the num- accordance with § 265.144 (a) and (c) ber of years of post-closure care re- and, when this estimate has been ad- quired under § 265.117. justed in accordance with § 265.144(b), (b) During the active life of the facil- the latest adjusted post-closure cost es- ity, the owner or operator must adjust timate. the post-closure cost estimate for in- [47 FR 15064, Apr. 7, 1982, as amended at 50 flation within 60 days prior to the anni- FR 4514, Jan. 31, 1985; 51 FR 16457, May 2, versary date of the establishment of 1986] the financial instrument(s) used to comply with § 265.145. For owners or op- § 265.145 Financial assurance for post- erators using the financial test or cor- closure care. porate guarantee, the post-closure care By the effective date of these regula- cost estimate must be updated for in- tions, an owner or operator of a facility flation no later than 30 days after the with a hazardous waste disposal unit close of the firm’s fiscal year and be- must establish financial assurance for fore submission of updated information post-closure care of the disposal to the Regional Administrator as speci- unit(s). fied in § 265.145(d)(5). The adjustment (a) Post-closure trust fund. (1) An may be made by recalculating the post- owner or operator may satisfy the re- closure cost estimate in current dollars quirements of this section by estab- or by using an inflation factor derived lishing a post-closure trust fund which from the most recent Implicit Price conforms to the requirements of this Deflator for Gross National Product paragraph and submitting an originally published by the U.S. Department of signed duplicate of the trust agreement Commerce in its Survey of Current Busi- to the Regional Administrator. The ness as specified in § 265.145 (b)(1) and trustee must be an entity which has (2). The inflation factor is the result of the authority to act as a trustee and dividing the latest published annual whose trust operations are regulated Deflator by the Deflator for the pre- and examined by a Federal or State vious year. agency. (1) The first adjustment is made by (2) The wording of the trust agree- multiplying the post-closure cost esti- ment must be identical to the wording mate by the inflation factor. The result specified in § 264.151(a)(1), and the trust is the adjusted post-closure cost esti- agreement must be accompanied by a mate. formal certification of acknowledg- (2) Subsequent adjustments are made ment (for example, see § 264.151(a)(2)). by multiplying the latest adjusted Schedule A of the trust agreement
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must be updated within 60 days after a (6) After the pay-in period is com- change in the amount of the current pleted, whenever the current post-clo- post-closure cost estimate covered by sure cost estimate changes during the the agreement. operating life of the facility, the owner (3) Payments into the trust fund or operator must compare the new esti- must be made annually by the owner or mate with the trustee’s most recent operator over the 20 years beginning annual valuation of the trust fund. If with the effective date of these regula- the value of the fund is less than the tions or over the remaining operating amount of the new estimate, the owner life of the facility as estimated in the or operator, within 60 days after the closure plan, whichever period is short- change in the cost estimate, must ei- er; this period is hereafter referred to ther deposit an amount into the fund as the ‘‘pay-in period.’’ The payments so that its value after this deposit at into the post-closure trust fund must least equals the amount of the current be made as follows: post-closure cost estimate, or obtain (i) The first payment must be made other financial assurance as specified by the effective date of these regula- in this section to cover the difference. tions, except as provided in paragraph (7) During the operating life of the fa- (a)(5) of this section. The first payment cility, if the value of the trust fund is must be at least equal to the current greater than the total amount of the post-closure cost estimate, except as current post-closure cost estimate, the provided in § 265.145(f), divided by the owner or operator may submit a writ- ten request to the Regional Adminis- number of years in the pay-in period. trator for release of the amount in (ii) Subsequent payments must be excess of the current post-closure cost made no later than 30 days after each estimate. anniversary date of the first payment. (8) If an owner or operator sub- The amount of each subsequent pay- stitutes other financial assurance as ment must be determined by this for- specified in this section for all or part mula: of the trust fund, he may submit a CE − CV written request to the Regional Admin- Next payment = istrator for release of the amount in Y excess of the current post-closure cost estimate covered by the trust fund. where CE is the current post-closure (9) Within 60 days after receiving a cost estimate, CV is the current value request from the owner or operator for of the trust fund, and Y is the number release of funds as specified in para- of years remaining in the pay-in graph (a) (7) or (8) of this section, the period. Regional Administrator will instruct (4) The owner or operator may accel- the trustee to release to the owner or erate payments into the trust fund or operator such funds as the Regional he may deposit the full amount of the Administrator specifies in writing. current post-closure cost estimate at (10) During the period of post-closure the time the fund is established. How- care, the Regional Administrator may ever, he must maintain the value of the approve a release of funds if the owner fund at no less than the value that the or operator demonstrates to the Re- fund would have if annual payments gional Administrator that the value of were made as specified in paragraph the trust fund exceeds the remaining (a)(3) of this section. cost of post-closure care. (5) If the owner or operator estab- (11) An owner or operator or any lishes a post-closure trust fund after other person authorized to conduct having used one or more alternate post-closure care may request reim- mechanisms specified in this section, bursements for post-closure expendi- his first payment must be in at least tures by submitting itemized bills to the amount that the fund would con- the Regional Administrator. Within 60 tain if the trust fund were established days after receiving bills for post-clo- initially and annual payments made as sure care activities, the Regional Ad- specified in paragraph (a)(3) of this sec- ministrator will instruct the trustee to tion. make reimbursements in those
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amounts as the Regional Adminis- (B) Updating of Schedule A of the trator specifies in writing, if the Re- trust agreement (see § 264.151(a)) to gional Administrator determines that show current post-closure cost the post-closure expenditures are in ac- estimates; cordance with the approved post-clo- (C) Annual valuations as required by sure plan or otherwise justified. If the the trust agreement; and Regional Administrator does not in- (D) Notices of nonpayment as re- struct the trustee to make such reim- quired by the trust agreement. bursements, he will provide the owner (4) The bond must guarantee that the or operator with a detailed written owner or operator will: statement of reasons. (i) Fund the standby trust fund in an (12) The Regional Administrator will amount equal to the penal sum of the agree to termination of the trust when: bond before the beginning of final clo- (i) An owner or operator substitutes sure of the facility; or alternate financial assurance as speci- (ii) Fund the standby trust fund in an fied in this section; or amount equal to the penal sum within (ii) The Regional Administrator re- 15 days after an administrative order leases the owner or operator from the to begin final closure issued by the Re- requirements of this section in accord- gional Administrator becomes final, or ance with § 265.145(h). within 15 days after an order to begin final closure is issued by a U.S. district (b) Surety bond guaranteeing payment court or other court of competent ju- into a post-closure trust fund. (1) An risdiction; or owner or operator may satisfy the re- (iii) Provide alternate financial as- quirements of this section by obtaining surance as specified in this section, and a surety bond which conforms to the obtain the Regional Administrator’s requirements of this paragraph and written approval of the assurance pro- submitting the bond to the Regional vided, within 90 days after receipt by Administrator. The surety company both the owner or operator and the issuing the bond must, at a minimum, Regional Administrator of a notice of be among those listed as acceptable cancellation of the bond from the sur- sureties on Federal bonds in Circular ety. 570 of the U.S. Department of the (5) Under the terms of the bond, the Treasury. surety will become liable on the bond (2) The wording of the surety bond obligation when the owner or operator must be identical to the wording speci- fails to perform as guaranteed by the fied in § 264.151(b). bond. (3) The owner or operator who uses a (6) The penal sum of the bond must surety bond to satisfy the require- be in an amount at least equal to the ments of this section must also estab- current post-closure cost estimate, ex- lish a standby trust fund. Under the cept as provided in § 265.145(f). terms of the bond, all payments made (7) Whenever the current post-closure thereunder will be deposited by the cost estimate increases to an amount surety directly into the standby trust greater than the penal sum, the owner fund in accordance with instructions or operator, within 60 days after the in- from the Regional Administrator. This crease, must either cause the penal standby trust fund must meet the re- sum to be increased to an amount at quirements specified in § 265.145(a), ex- least equal to the current post-closure cept that: cost estimate and submit evidence of (i) An originally signed duplicate of such increase to the Regional Adminis- the trust agreement must be submitted trator, or obtain other financial assur- to the Regional Administrator with the ance as specified in this section to surety bond; and cover the increase. Whenever the (ii) Until the standby trust fund is current post-closure cost estimate de- funded pursuant to the requirements of creases, the penal sum may be reduced this section, the following are not re- to the amount of the current post- quired by these regulations: closure cost estimate following written (A) Payments into the trust fund as approval by the Regional specified in § 265.145(a); Administrator.
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(8) Under the terms of the bond, the show current post-closure cost surety may cancel the bond by sending estimates; notice of cancellation by certified mail (C) Annual valuations as required by to the owner or operator and to the Re- the trust agreement; and gional Administrator. Cancellation (D) Notices of nonpayment as re- may not occur, however, during the 120 quired by the trust agreement. days beginning on the date of receipt of (4) The letter of credit must be ac- the notice of cancellation by both the companied by a letter from the owner owner or operator and the Regional Ad- or operator referring to the letter of ministrator, as evidenced by the return credit by number, issuing institution, receipts. and date, and providing the following (9) The owner or operator may cancel information: The EPA Identification the bond if the Regional Administrator Number, name, and address of the facil- has given prior written consent based ity, and the amount of funds assured on his receipt of evidence of alternate for post-closure care of the facility by financial assurance as specified in this the letter of credit. section. (5) The letter of credit must be irrev- (c) Post-closure letter of credit. (1) An ocable and issued for a period of at owner or operator may satisfy the re- least 1 year. The letter of credit must quirements of this section by obtaining provide that the expiration date will be an irrevocable standby letter of credit automatically extended for a period of which conforms to the requirements of at least 1 year unless, at least 120 days this paragraph and submitting the let- before the current expiration date, the ter to the Regional Administrator. The issuing institution notifies both the issuing institution must be an entity owner or operator and the Regional Ad- which has the authority to issue letters ministrator by certified mail of a deci- of credit and whose letter-of-credit op- sion not to extend the expiration date. Under the terms of the letter of credit, erations are regulated and examined by the 120 days will begin on the date a Federal or State agency. when both the owner or operator and (2) The wording of the letter of credit the Regional Administrator have re- must be identical to the wording speci- ceived the notice, as evidenced by the fied in § 264.151(d). return receipts. (3) An owner or operator who uses a (6) The letter of credit must be issued letter of credit to satisfy the require- in an amount at least equal to the cur- ments of this section must also estab- rent post-closure cost estimate, except lish a standby trust fund. Under the as provided in § 265.145(f). terms of the letter of credit, all (7) Whenever the current post-closure amounts paid pursuant to a draft by cost estimate increases to an amount the Regional Administrator will be de- greater than the amount of the credit posited by the issuing institution di- during the operating life of the facil- rectly into the standby trust fund in ity, the owner or operator, within 60 accordance with instructions from the days after the increase, must either Regional Administrator. This standby cause the amount of the credit to be in- trust fund must meet the requirements creased so that it at least equals the of the trust fund specified in current post-closure cost estimate and § 265.145(a), except that: submit evidence of such increase to the (i) An originally signed duplicate of Regional Administrator, or obtain the trust agreement must be submitted other financial assurance as specified to the Regional Administrator with the in this section to cover the increase. letter of credit; and Whenever the current post-closure cost (ii) Unless the standby trust fund is estimate decreases during the oper- funded pursuant to the requirements of ating life of the facility, the amount of this section, the following are not re- the credit may be reduced to the quired by these regulations: amount of the current post-closure (A) Payments into the trust fund as cost estimate following written ap- specified in § 265.145(a); proval by the Regional Administrator. (B) Updating of Schedule A of the (8) During the period of post-closure trust agreement (see § 264.151(a)) to care, the Regional Administrator may
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approve a decrease in the amount of letter from an insurer stating that the the letter of credit if the owner or op- insurer is considering issuance of post- erator demonstrates to the Regional closure insurance conforming to the re- Administrator that the amount ex- quirements of this paragraph to the ceeds the remaining cost of post-clo- owner or operator. Within 90 days after sure care. the effective date of these regulations, (9) Following a final administrative the owner or operator must submit the determination pursuant to section 3008 certificate of insurance to the Regional of RCRA that the owner or operator Administrator or establish other finan- has failed to perform post-closure care cial assurance as specified in this sec- in accordance with the approved post- tion. At a minimum, the insurer must closure plan and other permit require- be licensed to transact the business of ments, the Regional Administrator insurance, or eligible to provide insur- may draw on the letter of credit. ance as an excess or surplus lines in- (10) If the owner or operator does not surer, in one or more States. establish alternate financial assurance (2) The wording of the certificate of as specified in this section and obtain insurance must be identical to the written approval of such alternate as- wording specified in § 264.151(e). surance from the Regional Adminis- (3) The post-closure insurance policy trator within 90 days after receipt by must be issued for a face amount at both the owner or operator and the Re- least equal to the current post-closure gional Administrator of a notice from cost estimate, except as provided in the issuing institution that it has de- § 265.145(f). The term ‘‘face amount’’ cided not to extend the letter of credit means the total amount the insurer is beyond the current expiration date, the obligated to pay under the policy. Ac- Regional Administrator will draw on tual payments by the insurer will not the letter of credit. The Regional Ad- change the face amount, although the ministrator may delay the drawing if insurer’s future liability will be low- the issuing institution grants an exten- ered by the amount of the payments. sion of the term of the credit. During the last 30 days of any such extension (4) The post-closure insurance policy the Regional Administrator will draw must guarantee that funds will be on the letter of credit if the owner or available to provide post-closure care operator has failed to provide alternate of the facility whenever the post-clo- financial assurance as specified in this sure period begins. The policy must section and obtain written approval of also guarantee that once post-closure such assurance from the Regional care begins the insurer will be respon- Administrator. sible for paying out funds, up to an (11) The Regional Administrator will amount equal to the face amount of return the letter of credit to the the policy, upon the direction of the issuing institution for termination Regional Administrator, to such party when: or parties as the Regional Adminis- (i) An owner or operator substitutes trator specifies. alternate financial assurance as speci- (5) An owner or operator or any other fied in this section; or person authorized to perform post-clo- (ii) The Regional Administrator re- sure care may request reimbursement leases the owner or operator from the for post-closure care expenditures by requirements of this section in accord- submitting itemized bills to the Re- ance with § 265.145(h). gional Administrator. Within 60 days (d) Post-closure insurance. (1) An after receiving bills for post-closure owner or operator may satisfy the re- care activities, the Regional Adminis- quirements of this section by obtaining trator will instruct the insurer to post-closure insurance which conforms make reimbursements in those to the requirements of this paragraph amounts as the Regional Adminis- and submitting a certificate of such in- trator specifies in writing, if the Re- surance to the Regional Administrator. gional Administrator determines that By the effective date of these regula- the post-closure expenditures are in ac- tions the owner or operator must sub- cordance with the approved post-clo- mit to the Regional Administrator a sure plan or otherwise justified. If the
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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 paragraph (d)(11) of this section. Fail- greater than the face amount of the ure to pay the premium, without sub- policy during the operating life of the stitution of alternate financial assur- facility, the owner or operator, within ance as specified in the section, will 60 days after the increase, must either constitute a significant violation of cause the face amount to be increased these regulations, warranting such to an amount at least equal to the cur- remedy as the Regional Administrator rent post-closure cost estimate and deems necessary. Such violation will submit evidence of such increase to the be deemed to begin upon receipt by the Regional Administrator, or obtain Regional Administrator of a notice of other financial assurance as specified future cancellation, termination, or in this section to cover the increase. failure to renew due to nonpayment of Whenever the current post-closure cost the premium, rather than upon the estimate decreases during the oper- date of expiration. ating life of the facility, the face (7) Each policy most contain a provi- amount may be reduced to the amount sion allowing assignment of the policy of the current post-closure cost esti- to a successor owner or operator. Such mate following written approval by the assignment may be conditional upon Regional Administrator. consent of the insurer, provided such consent is not unreasonably refused. (10) Commencing on the date that li- (8) The policy must provide that the ability to make payments pursuant to insurer may not cancel, terminate, or the policy accrues, the insurer will fail to renew the policy except for fail- thereafter annually increase the face ure to pay the premium. The auto- amount of the policy. Such increase matic renewal of the policy must, at a must be equivalent to the face amounts minimum, provide the insured with the of the policy, less any payments made, option of renewal at the face amount of multiplied by an amount equivalent to the expiring policy. If there is a failure 85 percent of the most recent invest- to pay the premium, the insurer may ment rate or of the equivalent coupon- elect to cancel, terminate, or fail to issue yield announced by the U.S. renew the policy by sending notice by Treasury for 26-week Treasury certified mail to the owner or operator securities. and the Regional Administrator. Can- (11) The Regional Administrator will cellation, termination, or failure to give written consent to the owner or renew may not occur, however, during operator that he may terminate the in- the 120 days beginning with the date of surance policy when: receipt of the notice by both the Re- (i) An owner or operator substitutes gional Administrator and the owner or alternate financial assurance as speci- operator, as evidenced by the return re- fied in this section; or ceipts. Cancellation, termination, or (ii) The Regional Administrator re- failure to renew may not occur and the leases the owner or operator from the policy will remain in full force and ef- requirements of this section in accord- fect in the event that on or before the ance with § 265.145(h). date of expiration: (e) Financial test and corporate guar- (i) The Regional Administrator antee for post-closure care. (1) An owner deems the facility abandoned; or or operator may satisfy the require- (ii) Interim status is terminated or ments of this section by demonstrating revoked; or that he passes a financial test as speci- (iii) Closure is ordered by the Re- fied in this paragraph. To pass this test gional Administrator or a U.S. district the owner or operator must meet the
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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 assets to current liabilities greater (ii) A copy of the independent cer- than 1.5; and tified public accountant’s report on ex- (B) Net working capital and tangible amination of the owner’s or operator’s net worth each at least six times the financial statements for the latest sum of the current closure and post- completed fiscal year; and closure cost estimates and the current (iii) A special report from the owner’s plugging and abandonment cost esti- or operator’s independent certified pub- mates; and lic accountant to the owner or operator (C) Tangible net worth of at least $10 stating that: million; and (A) He has compared the data which (D) Assets in the United States the letter from the chief financial offi- amounting to at least 90 percent of his cer specifies as having been derived total assets or at least six times the from the independently audited, year- sum of the current closure and post- end financial statements for the latest closure cost estimates and the current fiscal year with the amounts in such fi- plugging and abandonment cost esti- nancial statements; and mates. (B) In connection with that proce- (ii) The owner or operator must have: dure, no matters came to his attention (A) A current rating for his most re- which caused him to believe that the cent bond issuance of AAA, AA, A, or specified data should be adjusted. BBB as issued by Standard and Poor’s (4) The owner or operator may obtain or Aaa, Aa, A, or Baa as issued by an extension of the time allowed for Moody’s; and submission of the documents specified (B) Tangible net worth at least six in paragraph (e)(3) of this section if the times the sum of the current closure fiscal year of the owner or operator and post-closure cost estimates and the ends during the 90 days prior to the ef- current plugging and abandonment fective date of these regulations and if cost estimates; and the year-end financial statements for (C) Tangible net worth of at least $10 that fiscal year will be audited by an million; and independent certified public account- (D) Assets located in the United ant. The extension will end no later States amounting to at least 90 percent than 90 days after the end of the own- of his total assets or at least six times er’s or operator’s fiscal year. To obtain the sum of the current closure and the extension, the owner’s or opera- post-closure cost estimates and the tor’s chief financial officer must send, current plugging and abandonment by the effective date of these regula- cost estimates. tions, a letter to the Regional Adminis- (2) The phrase ‘‘current closure and trator of each Region in which the post-closure cost estimates’’ as used in owner’s or operator’s facilities to be paragraph (e)(1) of this section refers to covered by the financial test are lo- the cost estimates required to be cated. This letter from the chief finan- shown in paragraphs 1–4 of the letter cial officer must: from the owner’s or operator’s chief fi- (i) Request the extension; nancial officer (§ 264.151(f)). The phrase (ii) Certify that he has grounds to be- ‘‘current plugging and abandonment lieve that the owner or operator meets cost estimates’’ as used in paragraph the criteria of the financial test; (e)(1) of this section refers to the cost (iii) Specify for each facility to be estimates required to be shown in para- covered by the test the EPA Identifica- graphs 1–4 of the letter from the own- tion Number, name, address, and the
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current closure and post-closure cost qualifications in the opinion expressed estimates 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 latest 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 (v) Specify the date, no later than 90 disclaimer of opinion will be cause for days after the end of such fiscal year, disallowance. The Regional Adminis- when he will submit the documents trator will evaluate other qualifica- specified in paragraph (e)(3) of this sec- tions on an individual basis. The owner tion; and or operator must provide alternate fi- (vi) Certify that the year-end finan- nancial assurance as specified in this cial statements of the owner or oper- section within 30 days after notifica- ator for such fiscal year will be audited tion of the disallowance. by an independent certified public (9) During the period of post-closure accountant. care, the Regional Administrator may (5) After the initial submission of approve a decrease in the current post- items specified in paragraph (e)(3) of closure cost estimate for which this this section, the owner or operator test demonstrates financial assurance must send updated information to the if the owner or operator demonstrates Regional Administrator within 90 days to the Regional Administrator that the after the close of each succeeding fiscal amount of the cost estimate exceeds year. This information must consist of the remaining cost of post-closure care. all three items specified in paragraph (10) The owner or operator is no (e)(3) of this section. longer required to submit the items (6) If the owner or operator no longer specified in paragraph (e)(3) of this sec- meets the requirements of paragraph tion when: (e)(1) of this section, he must send no- (i) An owner or operator substitutes tice to the Regional Administrator of alternate financial assurance as speci- intent to establish alternate financial fied in this section; or assurance as specified in this section. (ii) The Regional Administrator re- The notice must be sent by certified leases the owner or operator from the mail within 90 days after the end of the requirements of this section in accord- fiscal year for which the year-end fi- ance with § 265.145(h). nancial data show that the owner or (11) An owner or operator may meet operator no longer meets the require- the requirements for this section by ments. The owner or operator must obtaining a written guarantee. The provide the alternate financial assur- guarantor must be the direct of higher- ance within 120 days after the end of tier parent corporation of the owner or such fiscal year. operator, a firm whose parent corpora- (7) The Regional Administrator may, tion is also the parent corporation of based on a reasonable belief that the the owner or operator, or a firm with a owner or operator may no longer meet ‘‘substantial business relationship’’ the requirements of paragraph (e)(1) of with the owner or operator. The guar- this section, require reports of finan- antor must meet the requirements for cial condition at any time from the owners or operators in paragraphs (f)(1) owner or operator in addition to those through (9) of this section and must specified in paragraph (e)(3) of this sec- comply with the terms of the guar- tion. If the Regional Administrator antee. The wording of the guarantee finds, on the basis of such reports or must be identical to the wording speci- other information, that the owner or fied in § 264.151(h). A certified copy of operator no longer meets the require- the guarantee must accompany the ments of paragraph (e)(1) of this sec- items sent to the Regional Adminis- tion, the owner or operator must pro- trator as specified in paragraph (f)(3) of vide alternate financial assurance as this section. One of these items must specified in this section within 30 days be the letter from the guarantor’s chief after notification of such a finding. financial officer. If the guarantor’s par- (8) The Regional Administrator may ent corporation is also the parent cor- disallow use of this test on the basis of poration of the owner or operator, the
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letter must describe the value received of credit, he may use the trust fund as in consideration of the guarantee. If the standby trust fund for the other the guarantor is a firm with a ‘‘sub- mechanisms. A single standby trust stantial business relationship’’ with the fund may be established for two or owner or operator, this letter must de- more mechanisms. The Regional Ad- scribe this ‘‘substantial business rela- ministrator may use any or all of the tionship’’ and the value received in con- mechanisms to provide for post-closure sideration of the guarantee. The terms care of the facility. of the guarantee must provide that: (g) Use of a financial mechanism for (i) If the owner or operator fails to multiple facilities. An owner or operator perform post-closure care of a facility may use a financial assurance mecha- covered by the corporate guarantee in nism specified in this section to meet accordance with the post-closure plan the requirements of this section for and other interim status requirements more than one facility. Evidence of fi- whenever required to do so, the guar- nancial assurance submitted to the Re- antor will do so or establish a trust gional Administrator must include a fund as specified in § 265.145(a) in the list showing, for each facility, the EPA name of the owner or operator. Identification Number, name, address, (ii) The corporate guarantee will re- and the amount of funds for post-clo- main in force unless the guarantor sure care assured by the mechanism. If sends notice of cancellation by cer- the facilities covered by the mecha- tified mail to the owner or operator nism are in more than one Region, and to the Regional Administrator. identical evidence of financial assur- Cancellation may not occur, however, ance must be submitted to and main- during the 120 days beginning on the tained with the Regional Administra- date of receipt of the notice of can- tors of all such Regions. The amount of cellation by both the owner or operator funds available through the mechanism and the Regional Administrator, as must be no less than the sum of funds evidenced by the return receipts. that would be available if a separate (iii) If the owner or operator fails to mechanism had been established and provide alternate financial assurance maintained for each facility. In direct- as specified in this section and obtain ing funds available through the mecha- the written approval of such alternate nism for post-closure care of any of the assurance from the Regional Adminis- facilities covered by the mechanism, trator within 90 days after receipt by the Regional Administrator may direct both the owner or operator and the Re- only the amount of funds designated gional Administrator of a notice of for that facility, unless the owner or cancellation of the corporate guar- operator agrees to the use of additional antee from the guarantor, the guar- funds available under the mechanism. antor will provide such alternate finan- (h) Release of the owner or operator cial assurance in the name of the from the requirements of this section. owner or operator. Within 60 days after receiving certifi- (f) Use of multiple financial mecha- cations from the owner or operator and nisms. An owner or operator may sat- an independent registered professional isfy the requirements of this section by engineer that the post-closure care pe- establishing more than one financial riod has been completed in accordance mechanism per facility. These mecha- with the approved post-closure plan, nisms are limited to trust funds, surety the Regional Administrator will notify bonds, letters of credit, and insurance. the owner or operator in writing that The mechanisms must be as specified he is no longer required by this section in paragraphs (a) through (d), respec- to maintain financial assurance for tively, of this section, except that it is post-closure care of that unit, unless the combination of mechanisms, rather the Regional Administrator has reason than the single mechanism, which to believe that post-closure care has must provide financial assurance for an not been in accordance with the ap- amount at least equal to the current proved post-closure plan. The Regional post-closure cost estimate. If an owner Administrator will provide the owner or operator uses a trust fund in com- or operator a detailed written state- bination with a surety bond or a letter ment of any such reason to believe that
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post-closure care has not been in ac- the wording specified in § 264.151(j). The cordance with the approved post-clo- owner or operator must submit a sure plan. signed duplicate original of the en- [47 FR 15064, Apr. 7, 1982, as amended at 51 dorsement or the certificate of insur- FR 16457, May 2, 1986; 57 FR 42843, Sept. 16, ance to the Regional Administrator, or 1992] Regional Administrator if facilities are located in more than one Region. If re- § 265.146 Use of a mechanism for fi- quested by a Regional Administrator, nancial assurance of both closure the owner or operator must provide a and post-closure care. signed duplicate original of the insur- An owner or operator may satisfy the ance policy. requirements for financial assurance (ii) Each insurance policy must be for both closure and post-closure care issued by an insurer which, at a min- for one or more facilities by using a imum, is licensed to transact the busi- trust fund, surety bond, letter of cred- ness of insurance, or eligible to provide it, insurance, financial test, or cor- insurance as an excess or surplus lines porate guarantee that meets the speci- insurer, in one or more States. fications for the mechanism in both (2) An owner or operator may meet §§ 265.143 and 265.145. The amount of the requirements of this section by funds available through the mechanism passing a financial test or using the must be no less than the sum of funds guarantee for liability coverage as that would be available if a separate specified in paragraphs (f) and (g) of mechanism had been established and this section. maintained for financial assurance of (3) An owner or operator may meet closure and of post-closure care. the requirements of this section by ob- taining a letter of credit for liability § 265.147 Liability requirements. coverage as specified in paragraph (h) (a) Coverage for sudden accidental oc- of this section. currences. An owner or operator of a (4) An owner or operator may meet hazardous waste treatment, storage, or the requirements of this section by ob- disposal facility, or a group of such fa- taining a surety bond for liability cov- cilities, must demonstrate financial re- erage as specified in paragraph (i) of sponsibility for bodily injury and prop- this section. erty damage to third parties caused by (5) An owner or operator may meet sudden accidental occurrences arising the requirements of this section by ob- from operations of the facility or group taining a trust fund for liability cov- of facilities. The owner or operator erage as specified in paragraph (j) of must have and maintain liability cov- this section. erage for sudden accidental occur- (6) An owner or operator may dem- rences in the amount of at least $1 mil- onstrate the required liability coverage lion per occurrence with an annual ag- through the use of combinations of in- gregate of at least $2 million, exclusive surance, financial test, guarantee, let- of legal defense costs. This liability ter of credit, surety bond, and trust coverage may be demonstrated as spec- fund, except that the owner or operator ified in paragraphs (a) (1), (2), (3), (4), may not combine a financial test cov- (5), or (6) of this section: ering part of the liability coverage re- (1) An owner or operator may dem- quirement with a guarantee unless the onstrate the required liability coverage financial statement of the owner or op- by having liability insurance as speci- erator is not consolidated with the fi- fied in this paragraph. nancial statement of the guarantor. (i) Each insurance policy must be The amounts of coverage demonstrated amended by attachment of the Haz- must total at least the minimum ardous Waste Facility Liability En- amounts required by this section. If dorsement, or evidenced by a Certifi- the owner or operator demonstrates cate of Liability Insurance. The word- the required coverage through the use ing of the endorsement must be iden- of a combination of financial assur- tical to the wording specified in ances under this paragraph, the owner § 264.151(i). The wording of the certifi- or operator shall specify at least one cate of insurance must be identical to such assurance as ‘‘primary’’ coverage 478
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and shall specify other assurance as operators who combine coverage levels ‘‘excess’’ coverage. for sudden and nonsudden accidental (7) An owner or operator shall notify occurrences must maintain liability the Regional Administrator in writing coverage in the amount of at least $4 within 30 days whenever: million per occurrence and $8 million (i) A claim results in a reduction in annual aggregate. This liability cov- the amount of financial assurance for erage may be demonstrated as specified liability coverage provided by a finan- in paragraph (b) (1), (2), (3), (4), (5), or cial instrument authorized in para- (6) of this section: graphs (a)(1) through (a)(6) of this sec- (1) An owner or operator may dem- tion; or onstrate the required liability coverage (ii) A Certification of Valid Claim for by having liability insurance as speci- bodily injury or property damages fied in this paragraph. caused by a sudden or non-sudden acci- (2) An owner or operator may meet dental occurrence arising from the op- eration of a hazardous waste treat- the requirements of this section by ment, storage, or disposal facility is passing a financial test or using the entered between the owner or operator guarantee for liability coverage as and third-party claimant for liability specified in paragraphs (f) and (g) of coverage under paragraphs (a)(1) this section. through (a)(6) of this section; or (3) An owner or operator may meet (iii) A final court order establishing a the requirements of this section by ob- judgment for bodily injury or property taining a letter of credit for liability damage caused by a sudden or non-sud- coverage as specified in paragraph (h) den accidental occurrence arising from of this section. the operation of a hazardous waste (4) An owner or operator may meet treatment, storage, or disposal facility the requirements of this section by ob- is issued against the owner or operator taining a surety bond for liability cov- or an instrument that is providing fi- erage as specified in paragraph (i) of nancial assurance for liability coverage this section. under paragraphs (a)(1) through (a)(6) (5) An owner or operator may meet of this section. the requirements of this section by ob- (b) Coverage for nonsudden accidental taining a trust fund for liability cov- occurrences. An owner or operator of a erage as specified in paragraph (j) of surface impoundment, landfill, or land this section. treatment facility which is used to (6) An owner or operator may dem- manage hazardous waste, or a group of onstrate the required liability coverage such facilities, must demonstrate fi- through the use of combinations of in- nancial responsibility for bodily injury and property damage to third parties surance, financial test, guarantee, let- caused by nonsudden accidental occur- ter of credit, surety bond, and trust rences arising from operations of the fund, except that the owner or operator facility or group of facilities. The may not combine a financial test cov- owner or operator must have and main- ering part of the liability coverage re- tain liability coverage for nonsudden quirement with a guarantee unless the accidental occurrences in the amount financial statement of the owner or op- of at least $3 million per occurrence erator is not consolidated with the fi- with an annual aggregate of at least $6 nancial statement of the guarantor. million, exclusive of legal defense The amounts of coverage demonstrated costs. An owner or operator who must must total at least the minimum meet the requirements of this section amounts required by this section. If may combine the required per-occur- the owner or operator demonstrates rence coverage levels for sudden and the required coverage through the use nonsudden accidental occurrences into of a combination of financial assur- a single per-occurrence level, and com- ances under this paragraph, the owner bine the required annual aggregate or operator shall specify at least one coverage levels for sudden and nonsud- such assurance as ‘‘primary’’ coverage den accidental occurrences into a sin- and shall specify other assurance as gle annual aggregate level. Owners or ‘‘excess’’ coverage. 479
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(7) An owner or operator shall notify The Regional Administrator will proc- the Regional Administrator in writing ess a variance request as if it were a within 30 days whenever: permit modification request under (i) A claim results in a reduction in § 270.41(a)(5) of this chapter and subject the amount of financial assurance for to the procedures of § 124.5 of this chap- liability coverage provided by a finan- ter. Notwithstanding any other provi- cial instrument authorized in para- sion, the Regional Administrator may graphs (b)(1) through (b)(6) of this sec- hold a public hearing at his discretion tion; or or whenever he finds, on the basis of re- (ii) A Certification of Valid Claim for quests for a public hearing, a signifi- bodily injury or property damages cant degree of pubic interest in a ten- caused by a sudden or non-sudden acci- tative decision to grant a variance. dental occurrence arising from the op- (d) Adjustments by the Regional Admin- eration of a hazardous waste treat- istrator. If the Regional Administrator ment, storage, or disposal facility is determines that the levels of financial entered between the owner or operator responsibility required by paragraph and third-party claimant for liability (a) or (b) of this section are not con- coverage under paragraphs (b)(1) sistent with the degree and duration of through (b)(6) of this section; or risk associated with treatment, stor- (iii) A final court order establishing a age, or disposal at the facility or group judgment for bodily injury or property of facilities, the Regional Adminis- damage caused by a sudden or non-sud- trator may adjust the level of financial den accidental occurrence arising from responsibility required under para- the operation of a hazardous waste graph (a) or (b) of this section as may treatment, storage, or disposal facility be necessary to protect human health is issued against the owner or operator and the environment. This adjusted or an instrument that is providing fi- level will be based on the Regional Ad- nancial assurance for liability coverage ministrator’s assessment of the degree under paragraphs (b)(1) through (b)(6) and duration of risk associated with of this section. the ownership or operation of the facil- (c) Request for variance. If an owner or ity or group of facilities. In addition, if operator can demonstrate to the satis- the Regional Administrator determines faction of the Regional Administrator that there is a significant risk to 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 modification under § 270.41(a)(5) of this Regional Administrator may require chapter and subject to the procedures an owner or operator who requests a of § 124.5 of this chapter. Notwith- variance to provide such technical and standing any other provision, the Re- engineering information as is deemed gional Administrator may hold a pub- necessary by the Regional Adminis- lic hearing at his discretion or when- trator to determine a level of financial ever he finds, on the basis of requests responsibility other than that required for a public hearing, a significant de- by paragraph (a) or (b) of this section. gree of public interest in a tentative
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decision to adjust the level or type of (3) To demonstrate that he meets required coverage. this test, the owner or operator must (e) Period of coverage. Within 60 days submit the following three items to the after receiving certifications from the Regional Administrator: owner or operator and an independent (i) A letter signed by the owner’s or registered professional engineer that operator’s chief financial officer and final closure has been completed in ac- worded as specified in § 264.151(g). If an cordance with the approved closure owner or operator is using the financial plan, the Regional Administrator will test to demonstrate both assurance for notify the owner or operator in writing closure or post-closure care, as speci- that he is no longer required by this fied by §§ 264.143(f), 264.145(f), 265.143(e), section to maintain liability coverage and 265.145(e), and liability coverage, for that facility, unless the Regional he must submit the letter specified in Administrator has reason to believe § 264.151(g) to cover both forms of finan- that closure has not been in accordance cial responsibility; a separate letter as with the approved closure plan. specified in § 264.151(f) is not required. (f) Financial test for liability coverage. (ii) A copy of the independent cer- (1) An owner or operator may satisfy tified public accountant’s report on ex- the requirements of this section by amination of the owner’s or operator’s demonstrating that he passes a finan- financial statements for the latest cial test as specified in this paragraph. completed fiscal year. To pass this test the owner or operator (iii) A special report from the owner’s must meet the criteria of paragraph or operator’s independent certified pub- (f)(1) (i) or (ii) of this section: lic accountant to the owner or operator (i) The owner or operator must have: stating that: (A) Net working capital and tangible (A) He has compared the data which net worth each at least six times the the letter from the chief financial offi- amount of liability coverage to be dem- cer specifies as having been derived onstrated by this test; and from the independently audited, year- end financial statements for the latest (B) Tangible net worth of at least $10 fiscal year with the amounts in such fi- million; and nancial statements; and (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;
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(ii) Certify that he has grounds to be- or operator must provide evidence of lieve that the owner or operator meets insurance for the entire amount of re- the criteria of the financial test; quired liability coverage as specified in (iii) Specify for each facility to be this section within 30 days after notifi- covered by the test the EPA Identifica- cation of disallowance. tion Number, name, address, the (g) Guarantee for liability coverage. (1) amount of liability coverage and, when Subject to paragraph (g)(2) of this sec- applicable, current closure and post- tion, an owner or operator may meet closure cost estimates to be covered by the requirements of this section by ob- the test; taining a written guarantee, herein- (iv) Specify the date ending the own- after referred to as ‘‘guarantee.’’ The er’s or operator’s last complete fiscal guarantor must be the direct or higher- year before the effective date of these tier parent corporation of the owner or regulations; operator, a firm whose parent corpora- (v) Specify the date, no later than 90 tion is also the parent corporation of days after the end of such fiscal year, the owner or operator, or a firm with a when he will submit the documents ‘‘substantial business relationship’’ specified in paragraph (f)(3) of this sec- with the owner or operator. The guar- tion; and antor must meet the requirements for (vi) Certify that the year-end finan- owners or operators in paragraphs (f)(1) cial statements of the owner or oper- through (f)(6) of this section. The word- ator for such fiscal year will be audited ing of the guarantee must be identical by an independent certified public ac- to the wording specified in countant. § 264.151(h)(2) of this chapter. A cer- (5) After the initial submission of tified copy of the guarantee must ac- items specified in paragraph (f)(3) of company the items sent to the Re- this section, the owner or operator gional Administrator as specified in must send updated information to the paragraph (f)(3) of this section. One of Regional Administrator within 90 days these items must be the letter from the after the close of each succeeding fiscal guarantor’s chief financial officer. If year. This information must consist of the guarantor’s parent corporation is 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 busi- surance, a letter of credit, a surety ness relationship’’ with the owner or bond, a trust fund, or a guarantee for operator, this letter must describe this the entire amount of required liability ‘‘substantial business relationship’’ and coverage as specified in this section. the value received in consideration of Evidence of liability coverage must be 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 (2)(i) In the case of corporations in- disallowance. The Regional Adminis- corporated in the United States, a trator will evaluate other qualifica- guarantee may be used to satisfy the tions on an individual basis. The owner requirements of this section only if the
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Attorneys General or Insurance Com- act as a trustee and whose trust oper- missioners of (A) the State in which ations are regulated and examined by a the guarantor is incorporated, and (B) Federal or State agency. each State in which a facility covered (5) The wording of the standby trust by the guarantee is located have sub- fund must be identical to the wording mitted a written statement to EPA specified in § 264.151(n). that a guarantee executed as described (i) Surety bond for liability coverage. (1) in this section and § 264.151(h)(2) is a le- An owner or operator may satisfy the gally valid and enforceable obligation requirements of this section by obtain- in that State. ing a surety bond that conforms to the (ii) In the case of corporations incor- requirements of this paragraph and porated outside the United States, a submitting a copy of the bond to the guarantee may be used to satisfy the Regional Administrator. requirements of this section only if (A) (2) The surety company issuing the the non-U.S. corporation has identified bond must be among those listed as ac- a registered agent for service of process ceptable sureties on Federal bonds in in each State in which a facility cov- the most recent Circular 570 of the U.S. ered by the guarantee is located and in Department of the Treasury. the State in which it has its principal (3) The wording of the surety bond place of business, and if (B) the Attor- must be identical to the wording speci- ney General or Insurance Commis- fied in § 264.151(l) of this chapter. sioner of each State in which a facility (4) A surety bond may be used to sat- covered by the guarantee is located and isfy the requirements of this section the State in which the guarantor cor- only if the Attorneys General or Insur- poration has its principal place of busi- ance Commissioners of (i) the State in ness, has submitted a written state- which the surety is incorporated, and ment to EPA that a guarantee exe- (ii) each State in which a facility cov- cuted as described in this section and ered by the surety bond is located have § 264.151(h)(2) is a legally valid and en- submitted a written statement to EPA forceable obligation in that State. that a surety bond executed as de- (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 regulated and examined by a Federal or must be identical to the wording speci- State agency. fied in § 264.151(k) of this chapter. (3) The trust fund for liability cov- (4) An owner or operator who uses a erage must be funded for the full letter of credit to satisfy the require- amount of the liability coverage to be ments of this section may also estab- provided by the trust fund before it lish a standby trust fund. Under the may be relied upon to satisfy the re- terms of such a letter of credit, all quirements of this section. If at any amounts paid pursuant to a draft by time after the trust fund is created the the trustee of the standby trust will be amount of funds in the trust fund is re- deposited by the issuing institution duced below the full amount of the li- into the standby trust in accordance ability coverage to be provided, the with instructions from the trustee. The owner or operator, by the anniversary trustee of the standby trust fund must date of the establishment of the Fund, be an entity which has the authority to must either add sufficient funds to the
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trust fund to cause its value to equal ance policy will be deemed to be with- the full amount of liability coverage to out the required financial assurance or be provided, or obtain other financial liability coverage in the event of bank- assurance as specified in this section to ruptcy of the trustee or issuing institu- cover the difference. For purposes of tion, or a suspension or revocation of this paragraph, ‘‘the full amount of the the authority of the trustee institution liability coverage to be provided’’ to act as trustee or of the institution means the amount of coverage for sud- issuing the surety bond, letter of cred- den and/or nonsudden occurrences re- it, or insurance policy to issue such in- quired to be provided by the owner or struments. The owner or operator must operator by this section, less the establish other financial assurance or amount of financial assurance for liability coverage within 60 days after liability coverage that is being pro- such an event. vided by other financial assurance mechanisms being used to demonstrate § 265.149 Use of State-required mecha- financial assurance by the owner or nisms. operator. (a) For a facility located in a State (4) The wording of the trust fund where EPA is administering the re- must be identical to the wording speci- quirements of this subpart but where fied in § 264.151(m) of this part. the State has hazardous waste regula- (k) Notwithstanding any other provi- tions that include requirements for fi- sion of this part, an owner or operator nancial assurance of closure or post- using liability insurance to satisfy the closure care or liability coverage, an requirements of this section may use, owner or operator may use State-re- until October 16, 1982, a Hazardous quired financial mechanisms to meet Waste Facility Liability Endorsement the requirements of § 265.143, § 265.145, or Certificate of Liability Insurance or § 265.147 if the Regional Adminis- that does not certify that the insurer is trator determines that the State mech- licensed to transact the business of in- anisms are at least equivalent to the fi- surance, or eligible as an excess or sur- nancial mechanisms specified in this plus lines insurer, in one or more subpart. The Regional Administrator States. will evaluate the equivalency of the [47 FR 16558, Apr. 16, 1982, as amended at 47 mechanisms principally in terms of (1) FR 28627, July 1, 1982; 47 FR 30447, July 13, certainty of the availability of funds 1982; 48 FR 30115, June 30, 1983; 51 FR 16458, for the required closure or post-closure May 2, 1986; 51 FR 25355, July 11, 1986; 52 FR care activities or liability coverage and 44321, Nov. 18, 1987; 53 FR 33959, Sept. 1, 1988; (2) the amount of funds that will be 56 FR 30200, July 1, 1991; 56 FR 47912, Sept. 23, 1991; 57 FR 42843, Sept. 16, 1992] made available. The Regional Adminis- 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
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submit additional information as is dress, and the amount of funds for clo- deemed necessary to make this deter- sure or post-closure care or liability mination. Pending this determination, coverage that are guaranteed by the the owner or operator will be deemed State. The Regional Administrator will to be in compliance with the require- notify the owner or operator of his de- ments of § 265.143, § 265.145, or § 265.147, termination regarding the accept- as applicable. ability of the State’s guarantee in lieu (b) If a State-required mechanism is of financial mechanisms specified in found acceptable as specified in para- this subpart. The Regional Adminis- graph (a) of this section except for the trator may require the owner or oper- amount of funds available, the owner ator to submit additional information or operator may satisfy the require- as is deemed necessary to make this ments of this subpart by increasing the determination. Pending this deter- funds available through the State-re- mination, the owner or operator will be quired mechanism or using additional deemed to be in compliance with the financial mechanisms as specified in requirements of §§ 265.143, § 265.145, or this subpart. The amount of funds § 265.147, as applicable. available through the State and Fed- (b) If a State’s assumption of respon- eral mechanisms must at least equal sibility is found acceptable as specified the amount required by this subpart. in paragraph (a) of this section except for the amount of funds available, the § 265.150 State assumption of responsi- owner or operator may satisfy the re- bility. quirements of this subpart by use of (a) If a State either assumes legal re- both the State’s assurance and addi- sponsibility for an owner’s or opera- tional financial mechanisms as speci- tor’s compliance with the closure, post- fied in this subpart. The amount of closure care, or liability requirements funds available through the State and 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 funds that will be made available. The If a container holding hazardous Regional Administrator may also con- waste is not in good condition, or if it sider other factors as he deems appro- begins to leak, the owner or operator priate. The owner or operator must must transfer the hazardous waste submit to the Regional Administrator from this container to a container that a letter from the State describing the is in good condition, or manage the nature of the State’s assumption of re- waste in some other way that complies sponsibility together with a letter from with the requirements of this part. the owner or operator requesting that the State’s assumption of responsi- § 265.172 Compatibility of waste with bility be considered acceptable for container. meeting the requirements of this sub- The owner or operator must use a part. The letter from the State must container made of or lined with mate- include, or have attached to it, the fol- rials which will not react with, and are lowing information: The facility’s EPA otherwise compatible with, the haz- Identification Number, name, and ad- ardous waste to be stored, so that the
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ability of the container to contain the or protected from them by means of a waste is not impaired. dike, berm, wall, or other device. [Comment: The purpose of this is to prevent § 265.173 Management of containers. fires, explosions, gaseous emissions, leach- (a) A container holding hazardous ing, or other discharge of hazardous waste or waste must always be closed during hazardous waste constituents which could storage, except when it is necessary to result from the mixing of incompatible add or remove waste. wastes or materials if containers break or (b) A container holding hazardous leak.] waste must not be opened, handled, or § 265.178 Air emission standards. stored in a manner which may rupture the container or cause it to leak. The owner or operator shall manage all hazardous waste placed in a con- [Comment: Re-use of containers in transpor- tainer in accordance with the applica- tation is governed by U.S. Department of Transportation regulations, including those ble requirements of subparts AA, BB, set forth in 49 CFR 173.28.] and CC of this part. [45 FR 33232, May 19, 1980, as amended at 45 [61 FR 59968, Nov. 25, 1996] FR 78529, Nov. 25, 1980]
§ 265.174 Inspections. Subpart J—Tank Systems The owner or operator must inspect areas where containers are stored, at SOURCE: 51 FR 25479, July 14, 1986, unless otherwise noted. least weekly, looking for leaks and for deterioration caused by corrosion or § 265.190 Applicability. other factors. The requirements of this subpart [Comment: See § 265.171 for remedial action re- apply to owners and operators of facili- quired if deterioration or leaks are detected.] 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 that are property line. situated inside a building with an im- permeable floor are exempted from the [Comment: See § 265.17(a) for additional re- requirements in § 265.193. To dem- quirements.] onstrate the absence or presence of free § 265.177 Special requirements for in- liquids in the stored/treated waste, the compatible wastes. following test must be used: Method (a) Incompatible wastes, or incom- 9095 (Paint Filter Liquids Test) as de- patible wastes and materials, (see ap- scribed in ‘‘Test Methods for Evalu- pendix V for examples) must not be ating Solid Waste, Physical/Chemical placed in the same container, unless Methods,’’ EPA Publication SW–846, as § 265.17(b) is complied with. incorporated by reference in § 260.11 of (b) Hazardous waste must not be this chapter. placed in an unwashed container that (b) Tank systems, including sumps, previously held an incompatible waste as defined in § 260.10, that serve as part or material (see appendix V for exam- of a secondary containment system to ples), unless § 265.17(b) is complied with. collect or contain releases of hazardous (c) A storage container holding a haz- wastes are exempted from the require- ardous waste that is incompatible with ments in § 265.193(a). any waste or other materials stored (c) Tanks, sumps, and other collec- nearby in other containers, piles, open tion devices used in conjunction with tanks, or surface impoundments must drip pads, as defined in § 260.10 of this be separated from the other materials chapter and regulated under 40 CFR
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part 265 subpart W, must meet the re- with § 270.11(d) that addresses cracks, quirements of this subpart. leaks, corrosion, and erosion.
[51 FR 25479, July 14, 1986, as amended at 53 [NOTE: The practices described in the Amer- FR 34087, Sept. 2, 1988; 55 FR 50486, Dec. 6, ican Petroleum Institute (API) Publication, 1990; 58 FR 46050, Aug. 31, 1993] Guide for Inspection of Refinery Equipment, Chapter XIII, ‘‘Atmospheric and Low-Pres- § 265.191 Assessment of existing tank sure Storage Tanks,’’ 4th edition, 1981, may system’s integrity. be used, where applicable, as guidelines in (a) For each existing tank system conducting the integrity examination of an that does not have secondary contain- other than non-enterable underground tank ment meeting the requirements of system.] § 265.193, the owner or operator must (c) Tank systems that store or treat determine that the tank system is not materials that become hazardous leaking or is unfit for use. Except as wastes subsequent to July 14, 1986 must provided in paragraph (c) of this sec- conduct this assessment within 12 tion, the owner or operator must ob- months after the date that the waste tain and keep on file at the facility a becomes a hazardous waste. written assessment reviewed and cer- (d) If, as a result of the assessment tified by an independent, qualified, reg- conducted in accordance with para- istered professional engineer in accord- graph (a) of this section, a tank system ance with § 270.11(d), that attests to the is found to be leaking or unfit for use, tank system’s integrity by January 12, the owner or operator must comply 1988. with the requirements of § 265.196. (b) This assessment must determine that the tank system is adequately de- § 265.192 Design and installation of signed and has sufficient structural new tank systems or components. strength and compatibility with the (a) Owners or operators of new tank waste(s) to be stored or treated to en- systems or components must ensure sure that it will not collapse, rupture, or fail. At a minimum, this assessment that the foundation, structural sup- must consider the following: port, seams, connections, and pressure (1) Design standard(s), if available, controls (if applicable) are adequately according to which the tank and ancil- designed and that the tank system has lary equipment were constructed; sufficient structural strength, compat- (2) Hazardous characteristics of the ibility with the waste(s) to be stored or waste(s) that have been or will be treated, and corrosion protection so handled; that it will not collapse, rupture, or (3) Existing corrosion protection fail. The owner or operator must ob- measures; tain a written assessment reviewed and (4) Documented age of the tank sys- certified by an independent, qualified, tem, if available, (otherwise, an esti- registered professional engineer in ac- mate of the age); and cordance with § 270.11(d) attesting that (5) Results of a leak test, internal in- the system has sufficient structural in- spection, or other tank integrity exam- tegrity and is acceptable for the stor- ination such that: ing and treating of hazardous waste. (i) For non-enterable underground This assessment must include, at a tanks, this assessment must consist of minimum, the following information: a leak test that is capable of taking (1) Design standard(s) according to into account the effects of temperature which the tank(s) and ancillary equip- variations, tank end deflection, vapor ment is or will be constructed. pockets, and high water table effects, (2) Hazardous characteristics of the (ii) For other than non-enterable un- waste(s) to be handled. derground tanks and for ancillary (3) For new tank systems or compo- equipment, this assessment must be ei- nents in which the external shell of a ther a leak test, as described above, or metal tank or any external metal com- an internal inspection and/or other ponent of the tank system is or will be tank integrity examination certified in contact with the soil or with water, by an independent, qualified, registered a determination by a corrosion expert professional engineer in accordance of:
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(i) Factors affecting the potential for during installation. Prior to covering, corrosion, including but not limited to: enclosing, or placing a new tank sys- (A) Soil moisture content; tem or component in use, an inde- (B) Soil pH; pendent, qualified installation inspec- (C) Soil sulfides level; tor or an independent, qualified, reg- (D) Soil resistivity; istered professional engineer, either of (E) Structure to soil potential; whom is trained and experienced in the (F) Influence of nearby underground proper installation of tank systems, metal structures (e.g., piping); must inspect the system or component (G) Stray electric current; and, for the presence of any of the following (H) Existing corrosion-protection items: measures (e.g., coating, cathodic pro- (1) Weld breaks; tection), and (2) Punctures; (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 (RP–02–85)—Control of External Corrosion on ing are fully and uniformly supported. Metallic Buried, Partially Buried, or Sub- (d) All new tanks and ancillary merged Liquid Storage Systems,’’ and the equipment must be tested for tightness American Petroleum Institute (API) Publi- prior to being covered, enclosed or 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 for tank systems. be performed prior to the tank system (4) For underground tank system being covered, enclosed, or placed in components that are likely to be af- use. fected by vehicular traffic, a deter- (e) Ancillary equipment must be sup- mination of design or operational ported and protected against physical measures that will protect the tank damage and excessive stress due to set- system against potential damage; and tlement, vibration, expansion or con- (5) Design considerations to ensure traction. that: NOTE: The piping system installation pro- (i) Tank foundations will maintain cedures described in American Petroleum In- 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 saturated zone, or is located within a proper installation of piping systems. 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
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a corrosion protection system that is material becomes a hazardous waste field fabricated must be supervised by must be used in place of January 12, an independent corrosion expert to en- 1987. sure proper installation. (b) Secondary containment systems (g) The owner or operator must ob- must be: tain and keep on file at the facility (1) Designed, installed, and operated written statements by those persons to prevent any migration of wastes or required to certify the design of the accumulated liquid out of the system tank system and supervise the installa- to the soil, ground water, or surface tion of the tank system in accordance water at any time during the use of the with the requirements of paragraphs (b) through (f) of this section to attest tank system; and that the tank system was properly de- (2) Capable of detecting and col- signed and installed and that repairs, lecting releases and accumulated liq- pursuant to paragraphs (b) and (d) of uids until the collected material is re- this section were performed. These moved. written statements must also include (c) To meet the requirements of para- the certification statement as required graph (b) of this section, secondary in § 270.11(d) of this chapter. containment systems must be at a minimum: [51 FR 25479, July 14, 1986; 51 FR 29430, Aug. 15, 1986] (1) Constructed of or lined with mate- rials that are compatible with the § 265.193 Containment and detection waste(s) to be placed in the tank sys- of releases. tem and must have sufficient strength (a) In order to prevent the release of and thickness to prevent failure due to hazardous waste or hazardous constitu- pressure gradients (including static ents to the environment, secondary head and external hydrological forces), containment that meets the require- physical contact with the waste to ments of this section must be provided which they are exposed, climatic condi- (except as provided in paragraphs (f) tions, the stress of installation, and and (g) of this section): the stress of daily operation (including (1) For all new tank systems or com- stresses from nearby vehicular traffic); ponents, prior to their being put into (2) Placed on a foundation or base ca- service; pable of providing support to the sec- (2) For all existing tanks used to ondary containment system and resist- store or treat EPA Hazardous Waste ance to pressure gradients above and Nos. F020, F021, F022, F023, F026, and below the system and capable of pre- F027, within two years after January venting failure due to settlement, com- 12, 1987; pression, or uplift; (3) For those existing tank systems (3) Provided with a leak detection of known and documentable age, with- system that is designed and operated in two years after January 12, 1987, or so that it will detect the failure of ei- when the tank systems have reached 15 years of age, whichever comes later; ther the primary and secondary con- (4) For those existing tank system tainment structure or any release of for which the age cannot be docu- hazardous waste or accumulated liquid mented, within eight years of January in the secondary containment system 12, 1987; but if the age of the facility is within 24 hours, or at the earliest prac- greater than seven years, secondary ticable time if the existing detection containment must be provided by the technology or site conditions will not time the facility reaches 15 years of allow detection of a release within 24 age, or within two years of January 12, hours; 1987, whichever comes later; and (4) Sloped or otherwise designed or (5) For tank systems that store or operated to drain and remove liquids treat materials that become hazardous resulting from leaks, spills, or precipi- wastes subsequent to January 12, 1987, tation. Spilled or leaked waste and ac- within the time intervals required in cumulated precipitation must be re- paragraphs (a)(1) through (a)(4) of this moved from the secondary contain- section, except that the date that a ment system within 24 hours, or in as
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timely a manner as is possible to pre- (ii) Designed or operated to prevent vent harm to human health or the en- run-on or infiltration of precipitation vironment, if removal of the released into the secondary containment sys- waste or accumulated precipitation tem unless the collection system has cannot be accomplished within 24 sufficient excess capacity to contain hours. run-on or infiltration. Such additional NOTE: If the collected material is a haz- capacity must be sufficient to contain ardous waste under part 261 of this chapter, precipitation from a 25-year, 24-hour it is subject to management as a hazardous rainfall event; waste in accordance with all applicable re- (iii) Constructed with chemical-re- quirements of parts 262 through 265 of this sistant water stops in place at all chapter. If the collected material is dis- joints (if any); charged through a point source to waters of (iv) Provided with an impermeable the United States, it is subject to the re- quirements of sections 301, 304, and 402 of the interior coating or lining that is com- Clean Water Act, as amended. If discharged patible with the stored waste and that to Publicly Owned Treatment Works will prevent migration of waste into (POTWs), it is subject to the requirements of the concrete; section 307 of the Clear Water Act, as amend- (v) Provided with a means to protect ed. If the collected material is released to against the formation of and ignition the environment, it may be subject to the re- of vapors within the vault, if the waste porting requirements of 40 CFR part 302. being stored or treated: (d) Secondary containment for tanks (A) Meets the definition of ignitable must include one or more of the fol- waste under § 262.21 of this chapter, or lowing devices: (B) Meets the definition of reactive (1) A liner (external to the tank); waste under § 262.21 of this chapter and (2) A vault; may form an ignitable or explosive (3) A double-walled tank; or vapor; and (4) An equivalent device as approved (vi) Provided with an exterior mois- by the Regional Administrator. ture barrier or be otherwise designed or (e) In addition to the requirements of operated to prevent migration of mois- paragraphs (b), (c), and (d) of this ture into the vault if the vault is sub- section, secondary containment ject to hydraulic pressure. systems must satisfy the following re- (3) Double-walled tanks must be: quirements: (i) Designed as an integral structure (1) External liner systems must be: (i.e., an inner tank within an outer (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- NOTE: The provisions outlined in the Steel venting lateral as well as vertical mi- Tank Institute’s (STI) ‘‘Standard for Dual Wall Underground Steel Storage Tank’’ may gration of the waste). be used as guidelines for aspects of the de- (2) Vault systems must be: sign of underground steel double-walled (i) Designed or operated to contain tanks. 100 percent of the capacity of the larg- (f) Ancillary equipment must be pro- est tank within its boundary; vided with full secondary containment
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(e.g., trench, jacketing, double-walled (iii) The hydrogeologic setting of the piping) that meets the requirements of facility, including the thickness of paragraphs (b) and (c) of this section soils between the tank system and except for: ground water; and (1) Aboveground piping (exclusive of (iv) All other factors that would in- flanges, joints, valves, and connec- fluence the quality and mobility of the tions) that are visually inspected for hazardous constituents and the poten- leaks on a daily basis; tial for them to migrate to ground (2) Welded flanges, welded joints, and water or surface water. welded connections that are visually (2) In deciding whether to grant a inspected for leaks on a daily basis; variance, based on a demonstration of (3) Sealless or magnetic coupling no substantial present or potential haz- pumps and sealless valves, that are vis- ard, the Regional Administrator will ually inspected for leaks on a daily consider: basis; and (i) The potential adverse effects on ground water, surface water, and land (4) Pressurized aboveground piping quality taking into account: systems with automatic shut-off de- (A) The physical and chemical char- vices (e.g., excess flow check valves, acteristics of the waste in the tank flow metering shutdown devices, loss of system, including its potential for pressure actuated shut-off devices) that migration, are visually inspected for leaks on a (B) The hydrogeological characteris- daily basis. tics of the facility and surrounding (g) The owner or operator may obtain land, a variance from the requirements of (C) The potential for health risks this Section if the Regional Adminis- caused by human exposure to waste trator finds, as a result of a demonstra- constituents, tion by the owner or operator, either: (D) The potential for damage to wild- that alternative design and operating life, crops, vegetation, and physical practices, together with location char- structures caused by exposure to waste acteristics, will prevent the migration constituents, and of hazardous waste or hazardous con- (E) The persistence and permanence stituents into the ground water or sur- of the potential adverse effects; face water at least as effectively as (ii) The potential adverse effects of a secondary containment during the ac- release on ground-water quality, tak- tive life of the tank system or that in ing into account: the event of a release that does mi- (A) The quantity and quality of grate to ground water or surface water, ground water and the direction of no substantial present or potential haz- ground-water flow, ard will be posed to human health or (B) The proximity and withdrawal the environment. New underground rates of water in the area, tank systems may not, per a dem- (C) The current and future uses of onstration in accordance with para- ground water in the area, and graph (g)(2) of this section, be exempt- (D) The existing quality of ground ed from the secondary containment re- water, including other sources of con- quirements of this section. Application tamination and their cumulative im- for a variance as allowed in paragraph pact on the ground-water quality; (g) of this section does not waive com- (iii) The potential adverse effects of a pliance with the requirements of this release on surface water quality, tak- subpart for new tank systems. ing into account: (1) In deciding whether to grant a (A) The quantity and quality of variance based on a demonstration of ground water and the direction of equivalent protection of ground water ground-water flow, and surface water, the Regional Ad- (B) The patterns of rainfall in the ministrator will consider: region, (i) The nature and quantity of the (C) The proximity of the tank system waste; to surface waters, (ii) The proposed alternate design (D) The current and future uses of and operation; surface waters in the area and any
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water quality standards established for cannot be decontaminated or removed, those surface waters, and or if ground water has been contami- (E) The existing quality of surface nated, the owner or operator must water, including other sources of con- comply with the requirements of tamination and the cumulative impact § 265.197(b); on surface-water quality; and (iii) If repairing, replacing, or rein- (iv) The potential adverse effects of a stalling the tank system, provide sec- release on the land surrounding the ondary containment in accordance tank system, taking into account: with the requirements of paragraphs (A) The patterns of rainfall in the re- (a) through (f) of this section or re- gion, and apply for a variance from secondary (B) The current and future uses of containment and meet the require- the surrounding land. ments for new tank systems in § 265.192 (3) The owner or operator of a tank if the tank system is replaced. The system, for which a variance from sec- owner or operator must comply with ondary containment had been granted these requirements even if contami- in accordance with the requirements of nated soil can be decontaminated or re- paragraph (g)(1) of this section, at moved, and ground water or surface which a release of hazardous waste has water has not been contaminated. occurred from the primary tank sys- (h) The following procedures must be tem but has not migrated beyond the followed in order to request a variance zone of engineering control (as estab- from secondary containment: lished in the variance), must: (1) The Regional Administrator must (i) Comply with the requirements of be notified in writing by the owner or § 265.196, except paragraph (d); and operator that he intends to conduct (ii) Decontaminate or remove con- and submit a demonstration for a vari- taminated soil to the extent necessary ance from secondary containment as to: allowed in paragraph (g) of this section (A) Enable the tank system, for according to the following schedule: which the variance was granted, to re- (i) For existing tank systems, at sume operation with the capability for least 24 months prior to the date that 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 inform the public, through a newspaper (ii) Prevent the migration of haz- notice, of the availability of the dem- ardous waste or hazardous constituents onstration for a variance. The notice to ground water or surface water, if shall be placed in a daily or weekly possible, and decontaminate or remove major local newspaper of general cir- contaminated soil. If contaminated soil culation and shall provide at least 30
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days from the date of the notice for the Guide for Inspection of Refining Equipment, public to review and comment on the Chapter XIII, ‘‘Atmospheric and Low Pres- demonstration for a variance. The Re- sure Storage Tanks,’’ 4th edition, 1981, may gional Administrator also will hold a be used, when applicable, as guidelines for assessing the overall condition of the tank public hearing, in response to a request system. or at his own discretion, whenever such (3) The owner or operator must main- a hearing might clarify one or more tain on file at the facility a record of issues concerning the demonstration the results of the assessments con- for a variance. Public notice of the ducted in accordance with paragraphs hearing will be given at least 30 days (i)(1) through (i)(3) of this section. prior to the date of the hearing and (4) If a tank system or component is may be given at the same time as no- found to be leaking or unfit-for-use as tice of the opportunity for the public a result of the leak test or assessment to review and comment on the dem- in paragraphs (i)(1) through (i)(3) of onstration. These two notices may be this section, the owner or operator combined. must comply with the requirements of (5) The Regional Administrator will § 265.196. approve or disapprove the request for a variance within 90 days of receipt of [51 FR 25479, July 14, 1986; 51 FR 29430, Aug. the demonstration from the owner or 15, 1986, as amended at 53 FR 34087, Sept. 2, operator and will notify in writing the 1988] owner or operator and each person who submitted written comments or re- § 265.194 General operating require- ments. quested notice of the variance decision. If the demonstration for a variance is (a) Hazardous wastes or treatment incomplete or does not include suffi- reagents must not be placed in a tank cient information, the 90-day time pe- system if they could cause the tank, its riod will begin when the Regional Ad- ancillary equipment, or the secondary ministrator receives a complete dem- containment system to rupture, leak, onstration, including all information corrode, or otherwise fail. necessary to make a final determina- (b) The owner or operator must use tion. If the public comment period in appropriate controls and practices to paragraph (h)(4) of this section is ex- prevent spills and overflows from tank tended, the 90-day time period will be or secondary containment systems. similarly extended. These include at a minimum: (i) All tank systems, until such time (1) Spill prevention controls (e.g , as secondary containment meeting the check valves, dry discount couplings); requirements of this section is pro- (2) Overfill prevention controls (e.g , vided, must comply with the following: level sensing devices, high level (1) For non-enterable underground alarms, automatic feed cutoff, or by- tanks, a leak test that meets the re- pass to a standby tank); and quirements of § 265.191(b)(5) must be (3) Maintenance of sufficient conducted at least annually; freeboard in uncovered tanks to pre- (2) For other than non-enterable un- vent overtopping by wave or wind ac- derground tanks and for all ancillary tion or by precipitation. equipment, an annual leak test, as de- (c) The owner or operator must com- scribed in paragraph (i)(1) of this sec- ply with the requirements of § 265.196 if tion, or an internal inspection or other a leak or spill occurs in the tank tank integrity examination by an inde- system. pendent, qualified, registered profes- sional engineer that addresses cracks, § 265.195 Inspections. leaks, corrosion, and erosion must be conducted at least annually. The owner (a) The owner or operator must in- or operator must remove the stored spect, where present, at least once each waste from the tank, if necessary, to operating day: allow the condition of all internal tank (1) Overfill/spill control equipment surfaces to be assessed. (e.g., waste-feed cutoff systems, bypass NOTE: The practices described in the Amer- systems, and drainage systems) to en- ican Petroleum Institute (API) Publication sure that it is in good working order;
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(2) The aboveground portions of the been a leak or spill, or which is unfit tank system, if any, to detect corro- for use, must be removed from service sion or releases of waste; immediately, and the owner or oper- (3) Data gathered from monitoring ator must satisfy the following equipment and leak-detection equip- requirements: ment, (e.g., pressure and temperature (a) Cessation of use; prevent flow or ad- gauges, monitoring wells) to ensure dition of wastes. The owner or operator that the tank system is being operated must immediately stop the flow of haz- according to its design; and ardous waste into the tank system or (4) The construction materials and secondary containment system and in- the area immediately surrounding the spect the system to determine the externally accessible portion of the cause of the release. tank system including secondary con- (b) Removal of waste from tank system tainment structures (e.g., dikes) to de- or secondary containment system. (1) If tect erosion or signs of releases of haz- the release was from the tank system, ardous waste (e.g., wet spots, dead the owner or operator must, within 24 vegetation); hours after detection of the leak or, if NOTE: Section 265.15(c) requires the owner the owner or operator demonstrates or operator to remedy any deterioration or that that is not possible, at the earliest malfunction he finds. Section 265.196 requires practicable time remove as much of the owner or operator to notify the Regional the waste as is necessary to prevent Administrator within 24 hours of confirming further release of hazardous waste to a release. Also, 40 CFR part 302 may require the owner or operator to notify the National the environment and to allow inspec- Response Center of a release. tion and repair of the tank system to (b) The owner or operator must in- be performed. spect cathodic protection systems, if (2) If the release was to a secondary present, according to, at a minimum, containment system, all released mate- the following schedule to ensure that rials must be removed within 24 hours they are functioning properly: or in as timely a manner as is possible (1) The proper operation of the ca- to prevent harm to human health and thodic protection system must be con- the environment. firmed within six months after initial (c) Containment of visible releases to installation, and annually thereafter; the environment. The owner or operator and must immediately conduct a visual in- (2) All sources of impressed current spection of the release and, based upon must be inspected and/or tested, as ap- that inspection: propriate, at least bimonthly (i.e., (1) Prevent further migration of the every other month). leak or spill to soils or surface water; NOTE: The practices described in the Na- and tional Association of Corrosion Engineers (2) Remove, and properly dispose of, (NACE) standard, ‘‘Recommended Practice any visible contamination of the soil or (RP–02–85)—Control of External Corrosion on surface water. Metallic Buried, Partially Buried, or Sub- (d) Notifications, reports. (1) Any re- merged Liquid Storage Systems,’’ and the lease to the environment, except as American Petroleum Institute (API) Publi- provided in paragraph (d)(2) of this sec- cation 1632, ‘‘Cathodic Protection of Under- tion, must be reported to the Regional ground Petroleum Storage Tanks and Piping Systems,’’ may be used, where applicable, as Administrator within 24 hours of detec- guidelines in maintaining and inspecting ca- tion. If the release has been reported thodic protection systems. pursuant to 40 CFR part 302, that re- (c) The owner or operator must docu- port will satisfy this requirement. ment in the operating record of the fa- (2) A leak or spill of hazardous waste cility an inspection of those items in that is: paragraphs (a) and (b) of this section. (i) Less than or equal to a quantity of one (1) pound, and § 265.196 Response to leaks or spills (ii) Immediately contained and and disposition of leaking or unfit- cleaned-up is exempted from the re- for-use tank systems. quirements of this paragraph. A tank system or secondary contain- (3) Within 30 days of detection of a ment system from which there has release to the environment, a report
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containing the following information ponent must satisfy the requirements must be submitted to the Regional for new tank systems or components in Administrator: §§ 265.192 and 265.193. Additionally, if a (i) Likely route of migration of the leak has occurred in any portion of a release; tank system component that is not (ii) Characteristics of the sur- readily accessible for visual inspection rounding soil (soil composition, geol- (e.g., the bottom of an inground or ogy, hydrogeology, climate); onground tank), the entire component (iii) Results of any monitoring or must be provided with secondary con- sampling conducted in connection with tainment in accordance with § 265.193 the release, (if available). If sampling prior to being returned to use. or monitoring data relating to the re- (f) Certification of major repairs. If the lease are not available within 30 days, owner or operator has repaired a tank these data must be submitted to the system in accordance with paragraph Regional Administrator as soon as (e) of this section, and the repair has they become available; been extensive (e.g., installation of an (iv) Proximity to downgradient internal liner; repair of a ruptured pri- drinking water, surface water, and pop- mary containment or secondary con- ulation areas; and tainment vessel), the tank system (v) Description of response actions must not be returned to service unless taken or planned. the owner/operator has obtained a cer- (e) Provision of secondary containment, tification by an independent, qualified, repair, or closure. (1) Unless the owner registered professional engineer in ac- or operator satisfies the requirements cordance 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 hazardous wastes without release for closed in accordance with § 265.197. the intended life of the system. This (2) If the cause of the release was a certification must be submitted to the spill that has not damaged the integ- Regional Administrator within seven rity of the system, the owner/operator days after returning the tank system may return the system to service as to use. 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- rective action or such other response as to returning the tank system to serv- deemed necessary to protect human health ice. or the environment. (4) If the source of the release was a NOTE: See § 265.15(c) for the requirements leak to the environment from a compo- necessary to remedy a failure. Also, 40 CFR nent of a tank system without sec- Part 302 requires the owner or operator to ondary containment, the owner/oper- notify the National Response Center of a re- ator must provide the component of lease of any ‘‘reportable quantity.’’ the system from which the leak oc- [51 FR 25479, July 14, 1986, as amended at 53 curred with secondary containment FR 34087, Sept. 2, 1988] that satisfies the requirements of § 265.193 before it can be returned to § 265.197 Closure and post-closure service, unless the source of the leak is care. an aboveground portion of a tank sys- (a) At closure of a tank system, the tem. If the source is an aboveground owner or operator must remove or de- component that can be inspected vis- contaminate all waste residues, con- ually, the component must be repaired taminated containment system compo- and may be returned to service without nents (liners, etc.), contaminated soils, secondary containment as long as the and structures and equipment contami- requirements of paragraph (f) of this nated with waste, and manage them as section are satisfied. If a component is hazardous waste, unless § 261.3(d) of replaced to comply with the require- this Chapter applies. The closure plan, ments of this subparagraph, that com- closure activities, cost estimates for
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closure, and financial responsibility for § 265.198 Special requirements for ig- tank systems must meet all of the re- nitable or reactive wastes. quirements specified in subparts G and (a) Ignitable or reactive waste must H of this part. not be placed in a tank system, unless: (b) If the owner or operator dem- (1) The waste is treated, rendered, or onstrates that not all contaminated mixed before or immediately after soils can be practicably removed or de- placement in the tank system so that: contaminated as required in paragraph (i) The resulting waste, mixture, or (a) of this section, then the owner or dissolved material no longer meets the operator must close the tank system definition of ignitable or reactive and perform post-closure care in ac- waste under §§ 261.21 or 261.23 of this cordance with the closure and post-clo- chapter; and sure care requirements that apply to (ii) Section 265.17(b) is complied with; landfills (§ 265.310) In addition, for the or purposes of closure, post-closure, and (2) The waste is stored or treated in financial responsibility, such a tank such a way that it is protected from system is then considered to be a land- any material or conditions that may fill, and the owner or operator must cause the waste to ignite or react; or meet all of the requirements for land- (3) The tank system is used solely for fills specified in subparts G and H of emergencies. this part. (b) The owner or operator of a facil- (c) If an owner or operator has a tank ity where ignitable or reactive waste is system which does not have secondary stored or treated in tanks must comply containment that meets the require- with the requirements for the mainte- ments of § 265.193(b) through (f) and nance of protective distances between which is not exempt from the sec- the waste management area and any ondary containment requirements in public ways, streets, alleys, or an ad- accordance with § 265.193(g), then, joining property line that can be built (1) The closure plan for the tank sys- upon as required in Tables 2–1 through tem must include both a plan for com- 2–6 of the National Fire Protection As- plying with paragraph (a) of this sec- sociation’s ‘‘Flammable and Combus- tion and a contingent plan for com- tible Liquids Code,’’ (1977 or 1981), (in- plying with paragraph (b) of this sec- corporated by reference, see § 260.11). tion. (2) A contingent post-closure plan for § 265.199 Special requirements for in- complying with paragraph (b) of this compatible wastes. section must be prepared and sub- (a) Incompatible wastes, or incom- mitted as part of the permit applica- patible waste and materials, must not tion. be placed in the same tank system, un- (3) The cost estimates calculated for less § 265.17(b) is complied with. closure and post-closure care must re- (b) Hazardous waste must not be flect the costs of complying with the placed in a tank system that has not contingent closure plan and the contin- been decontaminated and that pre- gent post-closure plan, if these costs viously held an incompatible waste or are greater than the costs of complying material, unless § 265.17(b) is complied with the closure plan prepared for the with. expected closure under paragraph (a) of this section. § 265.200 Waste analysis and trial tests. (4) Financial assurance must be based In addition to performing the waste on the cost estimates in paragraph analysis required by § 265.13, the owner (c)(3) of this section. or operator must, whenever a tank sys- (5) For the purposes of the contingent tem is to be used to treat chemically or closure and post-closure plans, such a to store a hazardous waste that is sub- tank system is considered to be a land- stantially different from waste pre- fill, and the contingent plans must viously treated or stored in that tank meet all of the closure, post-closure, system; or treat chemically a haz- and financial responsibility require- ardous waste with a substantially dif- ments for landfills under subparts G ferent process than any previously used and H of this part. in that tank system:
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(a) Conduct waste analyses and trial 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- (c) Generators of between 100 and mation on similar waste under similar 1,000 kg/mo accumulating hazardous operating conditions to show that the waste in tanks must inspect, where proposed treatment or storage will present: meet the requirements of § 265.194(a). (1) Discharge control equipment (e.g., NOTE: Section 265.13 requires the waste waste feed cutoff systems, by-pass sys- analysis plan to include analyses needed to tems, and drainage systems) at least comply with §§ 265.198 and 265.199. Section once each operating day, to ensure that 265.73 requires the owner or operator to place it is in good working order; the results from each waste analysis and (2) Data gathered from monitoring trial test, or the documented information, in equipment (e.g., pressure and tempera- the operating record of the facility. ture gauges) at least once each oper- § 265.201 Special requirements for gen- ating day to ensure that the tank is erators of between 100 and 1,000 kg/ being operated according to its design; mo that accumulate hazardous (3) The level of waste in the tank at waste in tanks. least once each operating day to ensure (a) The requirements of this section compliance with § 265.201(b)(3); apply to small quantity generators of (4) The construction materials of the more than 100 kg but less than 1,000 kg tank at least weekly to detect corro- of hazardous waste in a calendar sion or leaking of fixtures or seams; month, that accumulate hazardous and waste in tanks for less than 180 days (5) The construction materials of, (or 270 days if the generator must ship and the area immediately surrounding, the waste greater than 200 miles), and discharge confinement structures (e.g., do not accumulate over 6,000 kg on-site dikes) at least weekly to detect erosion at any time. or obvious signs of leakage (e.g., wet (b) Generators of between 100 and spots or dead vegetation). 1,000 kg/mo hazardous waste must com- NOTE: As required by § 265.15(c), the owner ply with the following general oper- or operator must remedy any deterioration ating requirements: or malfunction he finds. (1) Treatment or storage of hazardous (d) Generators of between 100 and waste in tanks must comply with 1,000 kg/mo accumulating hazardous § 265.17(b). waste in tanks must, upon closure of (2) Hazardous wastes or treatment re- the facility, remove all hazardous agents must not be placed in a tank if waste from tanks, discharge control they could cause the tank or its inner equipment, and discharge confinement liner to rupture, leak, corrode, or oth- structures. erwise fail before the end of its in- NOTE: At closure, as throughout the oper- tended life. ating period, unless the owner or operator (3) Uncovered tanks must be operated can demonstrate, in accordance with § 261.3(c) or (d) of this chapter, that any solid to ensure at least 60 centimeters (2 waste removed from his tank is not a haz- feet) of freeboard, unless the tank is ardous waste, the owner or operator becomes equipped with a containment structure a generator of hazardous waste and must (e.g., dike or trench), a drainage con- manage it in accordance with all applicable trol system, or a diversion structure requirements of parts 262, 263, and 265 of this (e.g., standby tank) with a capacity chapter. that equals or exceeds the volume of (e) Generators of between 100 and the top 60 centimeters (2 feet) of the 1,000 kg/mo must comply with the fol- tank. lowing special requirements for ignit- (4) Where hazardous waste is continu- able or reactive waste: ously fed into a tank, the tank must be (1) Ignitable or reactive waste must equipped with a means to stop this in- not be placed in a tank, unless: flow (e.g., waste feed cutoff system or (i) The waste is treated, rendered, or by-pass system to a stand-by tank). mixed before or immediately after NOTE: These systems are intended to be placement in a tank so that (A) the re- used in the event of a leak or overflow from sulting waste, mixture, or dissolution
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of material no longer meets the defini- § 265.221 Design and operating re- tion of ignitable or reactive waste quirements. under § 261.21 or § 261.23 of this chapter, (a) The owner or operator of each and (B) § 265.17(b) is complied with; or new surface impoundment unit on (ii) The waste is stored or treated in which construction commences after such a way that it is protected from January 29, 1992, each lateral expansion any material or conditions that may of a surface impoundment unit on cause the waste to ignite or react; or which construction commences after (iii) The tank is used solely for emer- July 29, 1992, and each replacement of gencies. an existing surface impoundment unit (2) The owner or operator of a facility that is to commence reuse after July which treats or stores ignitable or re- 29, 1992 must install two or more liners and a leachate collection and removal active waste in covered tanks must system between such liners, and oper- comply with the buffer zone require- ate the leachate collection and re- ments for tanks contained in Tables 2– moval system, in accordance with 1 through 2–6 of the National Fire Pro- § 264.221(c), unless exempted under tection Association’s ‘‘Flammable and § 264.221(d), (e), or (f), of this chapter. Combustible Liquids Code,’’ (1977 or ‘‘Construction commences’’ is as defined 1981) (incorporated by reference, see in § 260.10 of this chapter under ‘‘exist- § 260.11). ing facility.’’ (f) Generators of between 100 and (b) The owner or operator of each 1,000 kg/mo must comply with the fol- unit referred to in paragraph (a) of this lowing special requirements for incom- section must notify the Regional Ad- patible wastes: ministrator at least sixty days prior to (1) Incompatible wastes, or incompat- receiving waste. The owner or operator ible wastes and materials, (see appen- of each facility submitting notice must dix V for examples) must not be placed file a part B application within six in the same tank, unless § 265.17(b) is months of the receipt of such notice. complied with. (c) The owner or operator of any re- (2) Hazardous waste must not be placement surface impoundment unit is exempt from paragraph (a) of this placed in an unwashed tank which pre- section if: viously held an incompatible waste or (1) The existing unit was constructed material, unless § 265.17(b) is complied in compliance with the design stand- with. ards of § 3004(o)(1)(A)(i) and (o)(5) of the [51 FR 25479, July 14, 1986, as amended at 53 Resource Conservation and Recovery FR 34087, Sept. 2, 1988] Act; and (2) There is no reason to believe that § 265.202 Air emission standards. the liner is not functioning as The owner or operator shall manage designed. all hazardous waste placed in a tank in (d) The double liner requirement set forth in paragraph (a) of this section accordance with the applicable require- may be waived by the Regional Admin- ments of subparts AA, BB, and CC of istrator for any monofill, if: this part. (1) The monofill contains only haz- [61 FR 59968, Nov. 25, 1996] ardous wastes from foundry furnace emission controls or metal casting Subpart K—Surface molding sand, and such wastes do not contain constituents which would Impoundments render the wastes hazardous for rea- § 265.220 Applicability. sons other than the Toxicity Char- acteristic in § 261.24 of this chapter, The regulations in this subpart apply with EPA Hazardous Waste Numbers to owners and operators of facilities D004 through D017; and that use surface impoundments to (2)(i)(A) The monofill has at least one treat, store, or dispose of hazardous liner for which there is no evidence waste, except as § 265.1 provides other- that such liner in leaking. For the pur- wise. poses of this paragraph the term ‘‘liner’’ 498
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means a liner designed, constructed, when issuing the first permit to such installed, and operated to prevent haz- facility, except that the Regional Ad- ardous waste from passing into the ministrator will not be precluded from liner at any time during the active life requiring installation of a new liner of the facility, or a liner designed, con- when the Regional Administrator has structed, installed, and operated to reason to believe that any liner in- prevent hazardous waste from migrat- stalled pursuant to the requirements of ing beyond the liner to adjacent sub- paragraph (a) of this section is leaking. surface soil, ground water, or surface (f) A surface impoundment must water at any time during the active maintain enough freeboard to prevent life of the facility. In the case of any any overtopping of the dike by over- surface impoundment which has been filling, wave action, or a storm. Except exempted from the requirements of as provided in paragraph (b) of this sec- paragraph (a) of this section on the tion, there must be at least 60 centi- basis of a liner designed, constructed, meters (two feet) of freeboard. installed, and operated to prevent haz- (g) A freeboard level less than 60 cen- ardous waste from passing beyond the timeters (two feet) may be maintained liner, at the closure of such impound- if the owner or operator obtains certifi- ment the owner or operator must re- cation by a qualified engineer that al- move or decontaminate all waste resi- ternate design features or operating dues, all contaminated liner material, plans will, to the best of his knowledge and contaminated soil to the extent and opinion, prevent overtopping of the practicable. If all contaminated soil it dike. The certification, along with a is not removed or decontaminated, the written identification of alternate de- owner of operator of such impound- sign features or operating plans pre- ment must comply with appropriate venting overtopping, must be main- post-closure requirements, including tained at the facility. but not limited to ground-water moni- (h) Surface impoundments that are toring and corrective action; newly subject to RCRA section (B) The monofill is located more than one-quarter mile from an underground 3005(j)(1) due to the promulgation of ad- source of drinking water (as that term ditional listings or characteristics for is defined in § 144.3 of this chapter); and the identification of hazardous waste (C) The monofill is in compliance must be in compliance with paragraphs with generally applicable ground-water (a), (c) and (d) of this section not later monitoring requirements for facilities than 48 months after the promulgation with permits under RCRA section of the additional listing or char- 3005(c); or acteristic. This compliance period shall (ii) The owner or operator dem- not be cut short as the result of the onstrates that the monofill is located, promulgation of land disposal prohibi- designed and operated so as to assure tions under part 268 of this chapter or that there will be no migration of any the granting of an extension to the ef- hazardous constituent into ground fective date of a prohibition pursuant water or surface water at any future to § 268.5 of this chapter, within this 48- time. month period. (e) In the case of any unit in which [50 FR 16048, Apr. 23, 1985. Redesignated at 57 the liner and leachate collection sys- FR 3492, Jan. 29, 1992. 50 FR 28749, July 15, tem has been installed pursuant to the 1985, as amended at 55 FR 11876, Mar. 29, 1990; requirements of paragraph (a) of this 57 FR 3492, Jan. 29, 1992; 57 FR 37267, Aug. 18, section and in good faith compliance 1992] with paragraph (a) of this section and with guidance documents governing § 265.222 Action leakage rate. liners and leachate collection systems (a) The owner or operator of surface under paragraph (a) of this section, no impoundment units subject to liner or leachate collection system § 265.221(a) must submit a proposed ac- which is different from that which was tion leakage rate to the Regional Ad- so installed pursuant to paragraph (a) ministrator when submitting the no- of this section will be required for such tice required under § 265.221(b). Within unit by the Regional Administrator 60 days of receipt of the notification,
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the Regional Administrator will: Es- EDITORIAL NOTE: At 57 FR 3492, Jan. 29, 1992 tablish an action leakage rate, either the Environmental Protection Agency added as proposed by the owner or operator § 265.223, effective July 29, 1992. Since a or modified using the criteria in this § 265.223 already exists, both sections appear. section; or extend the review period for § 265.223 Response actions. up to 30 days. If no action is taken by the Regional Administrator before the (a) The owner or operator of surface original 60 or extended 90 day review impoundment units subject to periods, the action leakage rate will be § 265.221(a) must submit a response ac- approved as proposed by the owner or tion plan to the Regional Adminis- operator. trator when submitting the proposed (b) The Regional Administrator shall action leakage rate under § 265.222. The approve an action leakage rate for sur- response action plan must set forth the face impoundment units subject to actions to be taken if the action leak- § 265.221(a). The action leakage rate is age rate has been exceeded. At a min- the maximum design flow rate that the imum, the response action plan must leak detection system (LDS) can re- describe the actions specified in para- move without the fluid head on the graph (b) of this section. bottom liner exceeding 1 foot. The ac- (b) If the flow rate into the leak de- tion leakage rate must include an ade- tection system exceeds the action leak- quate safety margin to allow for uncer- age rate for any sump, the owner or op- tainties in the design (e.g., slope, hy- erator must: draulic conductivity, thickness of (1) Notify the Regional Adminis- drainage material), construction, oper- trator in writing of the exceedence ation, and location of the LDS, waste within 7 days of the determination; and leachate characteristics, likeli- (2) Submit a preliminary written as- hood and amounts of other sources of sessment to the Regional Adminis- liquids in the LDS, and proposed re- trator within 14 days of the determina- sponse actions (e.g., the action leakage tion, as to the amount of liquids, likely rate must consider decreases in the sources of liquids, possible location, flow capacity of the system over time size, and cause of any leaks, and short- resulting from siltation and clogging, term actions taken and planned; rib layover and creep of synthetic com- (3) Determine to the extent prac- ponents of the system, overburden ticable the location, size, and cause of pressures, etc.). any leak; (c) To determine if the action leak- (4) Determine whether waste receipt age rate has been exceeded, the owner should cease or be curtailed, whether or operator must convert the weekly or any waste should be removed from the monthly flow rate from the monitoring unit for inspection, repairs, or con- data obtained under § 265.226(b), to an trols, and whether or not the unit average daily flow rate (gallons per should be closed; acre per day) for each sump. Unless the (5) Determine any other short-term Regional Administrator approves a dif- and longer-term actions to be taken to ferent calculation, the average daily mitigate or stop any leaks; and flow rate for each sump must be cal- (6) Within 30 days after the notifica- culated weekly during the active life tion that the action leakage rate has and closure period, and if the unit been exceeded, submit to the Regional Administrator the results of the anal- closes in accordance with § 265.228(a)(2), yses specified in paragraphs (b)(3), (4), monthly during the post-closure care and (5) of this section, the results of ac- period when monthly monitoring is re- tions taken, and actions planned. quired under § 265.226(b). Monthly thereafter, as long as the flow [57 FR 3492, Jan. 29, 1992] rate in the leak detection system ex- ceeds the action leakage rate, the § 265.223 Containment system. owner or operator must submit to the All earthen dikes must have a protec- Regional Administrator a report sum- tive cover, such as grass, shale, or marizing the results of any remedial rock, to minimize wind and water ero- actions taken and actions planned. sion and to preserve their structural (c) To make the leak and/or remedi- integrity. ation determinations in paragraphs
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(b)(3), (4), and (5) of this section, the any leaks, deterioration, or failures in owner or operator must: the impoundment. (1)(i) Assess the source of liquids and (b)(1) An owner or operator required amounts of liquids by source, to have a leak detection system under (ii) Conduct a fingerprint, hazardous § 265.221(a) must record the amount of constituent, or other analyses of the liquids removed from each leak detec- liquids in the leak detection system to tion system sump at least once each identify the source of liquids and pos- week during the active life and closure sible location of any leaks, and the period. hazard and mobility of the liquid; and (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] tive months, the amount of liquids in the sumps must be recorded at least § 265.224 [Reserved] 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 (1) Chemically treat a hazardous period the pump operating level is ex- waste which is substantially different ceeded at units on quarterly or semi- from waste previously treated in that annual recording schedules, the owner impoundment; or or operator must return to monthly re- (2) Chemically treat hazardous waste cording of amounts of liquids removed with a substantially different process from each sump until the liquid level than any previously used in that im- again stays below the pump operating poundment; the owner or operator level for two consecutive months. must, before treating the different (3) ‘‘Pump operating level’’ is a liquid waste or using the different process: level proposed by the owner or operator (i) Conduct waste analyses and trial and approved by the Regional Adminis- treatment tests (e.g., bench scale or trator based on pump activation level, pilot plant scale tests); or sump dimensions, and level that avoids (ii) Obtain written, documented in- backup into the drainage layer and formation on similar treatment of minimizes head in the sump. The tim- similar waste under similar operating ing for submission and approval of the conditions; to show that this treat- proposed ‘‘pump operating level’’ will be ment will comply with § 265.17(b). in accordance with § 265.222(a). [Comment: As required by § 265.13, the waste [Comment: As required by § 265.15(c), the analysis plan must include analyses needed owner or operator must remedy any deterio- to comply with §§ 265.229 and 265.230. As re- ration or malfunction he finds.] quired by § 265.73, the owner or operator must place the results from each waste analysis [45 FR 33232, May 19, 1980, as amended at 57 and trial test, or the documented informa- FR 3493, Jan. 29, 1992] tion, in the operating record of the facility.] § 265.227 [Reserved] (b) [Reserved] § 265.228 Closure and post-closure § 265.226 Monitoring and inspection. care. (a) The owner or operator must (a) At closure, the owner or operator inspect: must: (1) The freeboard level at least once (1) Remove or decontaminate all each operating day to ensure compli- waste residues, contaminated contain- ance with § 265.222, and ment system components (liners, etc.), (2) The surface impoundment, includ- contaminated subsoils, and structures ing dikes and vegetation surrounding and equipment contaminated with the dike, at least once a week to detect waste and leachate, and manage them
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as hazardous waste unless § 261.3(d) of § 265.229 Special requirements for ig- this chapter applies; or nitable or reactive waste. (2) Close the impoundment and pro- Ignitable or reactive waste must not vide post-closure care for a landfill be placed in a surface impoundment, under subpart G and § 265.310, including unless the waste and impoundment sat- the following: isfy all applicable requirements of 40 (i) Eliminate free liquids by remov- CFR part 268, and: ing liquid wastes or solidifying the re- (a) The waste is treated, rendered, or maining wastes and waste residues; mixed before or immediately after (ii) Stabilize remaining wastes to a placement in the impoundment so that: bearing capacity sufficient to support (1) The resulting waste, mixture, or the final cover; and dissolution of material no longer meets (iii) Cover the surface impoundment the definition of ignitable or reactive with a final cover designed and con- waste under § 261.21 or § 261.23 of this structed to: chapter; and (A) Provide long-term minimization (2) Section 265.17(b) is complied with; of the migration of liquids through the or closed impoundment; (b)(1) The waste is managed in such a (B) Function with minimum mainte- way that it is protected from any ma- nance; terial or conditions which may cause it (C) Promote drainage and minimize to ignite or react; and erosion or abrasion of the cover; (2) Maintain and monitor the leak de- (D) Accomodate settling and subsid- tection system in accordance with ence so that the cover’s integrity is §§ 265.221(c)(2)(iv) and (3) of this chapter maintained; and and 265.226(b) and comply with all (E) Have a permeability less than or other applicable leak detection system equal to the permeability of any bot- requirements of this part; tom liner system or natural subsoils (3) The owner or operator obtains a present. certification from a qualified chemist (b) In addition to the requirements of or engineer that, to the best of his subpart G, and § 265.310, during the knowledge and opinion, the design fea- post-closure care period, the owner or tures or operating plans of the facility operator of a surface impoundment in will prevent ignition or reaction; and which wastes, waste residues, or con- (4) The certification and the basis for taminated materials remain after clo- it are maintained at the facility; or sure in accordance with the provisions (c) The surface impoundment is used of paragraph (a)(2) of this section must: solely for emergencies. (1) Maintain the integrity and effec- tiveness of the final cover, including [50 FR 16048, Apr. 23, 1985, as amended at 55 making repairs to the cover as nec- FR 22685, June 1, 1990; 57 FR 3493, Jan. 29, essary to correct the effects of settling, 1992] subsidence, erosion, or other events; § 265.230 Special requirements for in- (2) Maintain and monitor the leak de- compatible wastes. tection system in accordance with §§ 265.221(c)(2)(iv) and (3) of this chapter Incompatible wastes, or incompatible and 265.226(b) and comply with all wastes and materials, (see appendix V other applicable leak detection system for examples) must not be placed in the requirements of this part; same surface impoundment, unless (3) Maintain and monitor the ground- § 265.17(b) is complied with. water monitoring system and comply with all other applicable requirements § 265.231 Air emission standards. of subpart F of this part; and The owner or operator shall manage (4) Prevent run-on and run-off from all hazardous waste placed in a surface eroding or otherwise damaging the impoundment in accordance with the final cover. applicable requirements of subparts BB and CC of this part. [52 FR 8708, Mar. 19, 1987, as amended at 57 FR 3493, Jan. 29, 1992] [61 FR 59968, Nov. 25, 1996]
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Subpart L—Waste Piles (3) The owner or operator must de- sign, construct, operate, and maintain § 265.250 Applicability. a run-off management system to col- The regulations in this subpart apply lect and control at least the water vol- to owners and operators of facilities ume resulting from a 24-hour, 25-year that treat or store hazardous waste in storm; and piles, except as § 265.1 provides other- (4) Collection and holding facilities wise. Alternatively, a pile of hazardous (e.g., tanks or basins) associated with waste may be managed as a landfill run-on and run-off control systems under subpart N. must be emptied or otherwise managed expeditiously to maintain design ca- § 265.251 Protection from wind. pacity of the system; or (b)(1) The pile must be protected The owner or operator of a pile con- from precipitation and run-on by some taining hazardous waste which could be subject to dispersal by wind must cover other means; and or otherwise manage the pile so that (2) No liquids or wastes containing wind dispersal is controlled. free liquids may be placed in the pile. [Comment: If collected leachate or run-off is § 265.252 Waste analysis. discharged through a point source to waters In addition to the waste analyses re- of the United States, it is subject to the re- quirements of section 402 of the Clean Water quired by § 265.13, the owner or operator Act, as amended.] must analyze a representative sample of waste from each incoming move- [45 FR 33232, May 19, 1980, as amended at 47 ment before adding the waste to any FR 32367, July 26, 1982] existing pile, unless (1) The only wastes § 265.254 Design and operating re- the facility receives which are ame- quirements. nable to piling are compatible with each other, or (2) the waste received is The owner or operator of each new compatible with the waste in the pile waste pile on which construction com- to which it is to be added. The analysis mences after January 29, 1992, each lat- conducted must be capable of differen- eral expansion of a waste pile unit on tiating between the types of hazardous which construction commences after waste the owner or operator places in July 29, 1992, and each such replace- piles, so that mixing of incompatible ment of an existing waste pile unit waste does not inadvertently occur. that is to commence reuse after July The analysis must include a visual 29, 1992 must install two or more liners comparison of color and texture. and a leachate collection and removal system above and between such liners, [Comment: As required by § 265.13, the waste and operate the leachate collection and analysis plan must include analyses needed removal systems, in accordance with to comply with §§ 265.256 and 265.257. As re- quired by § 265.73, the owner or operator must § 264.251(c), unless exempted under place the results of this analysis in the oper- § 264.251(d), (e), or (f), of this chapter; ating record of the facility.] and must comply with the procedures of § 265.221(b). ‘‘Construction com- (b) [Reserved] mences’’ is as defined in § 260.10 of this § 265.253 Containment. chapter under ‘‘existing facility’’. If leachate or run-off from a pile is a [57 FR 3493, Jan. 29, 1992] hazardous waste, then either: (a)(1) The pile must be placed on an § 265.255 Action leakage rates. impermeable base that is compatible (a) The owner or operator of waste with the waste under the conditions of pile units subject to § 265.254 must sub- treatment or storage; mit a proposed action leakage rate to (2) The owner or operator must de- the Regional Administrator when sub- sign, construct, operate, and maintain mitting the notice required under a run-on control system capable of pre- § 265.254. Within 60 days of receipt of venting flow onto the active portion of the notification, the Regional Adminis- the pile during peak discharge from at trator will: Establish an action leakage least a 25-year storm; rate, either as proposed by the owner
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or operator or modified using the cri- (2) The waste is managed in such a teria in this section; or extend the re- way that it is protected from any ma- view period for up to 30 days. If no ac- terial or conditions which may cause it tion is taken by the Regional Adminis- to ignite or react. trator before the original 60 or ex- (b) [Reserved] tended 90 day review periods, the ac- 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 sur- § 265.257 Special requirements for in- face impoundment units subject to compatible wastes. § 265.254. The action leakage rate is the (a) Incompatible wastes, or incom- maximum design flow rate that the patible wastes and materials, (see ap- leak detection system (LDS) can re- pendix V for examples) must not be move without the fluid head on the placed in the same pile, unless bottom liner exceeding 1 foot. The ac- § 265.17(b) is complied with. tion leakage rate must include an ade- (b) A pile of hazardous waste that is quate safety margin to allow for uncer- incompatible with any waste or other tainties in the design (e.g., slope, hy- material stored nearby in other con- draulic conductivity, thickness of tainers, piles, open tanks, or surface drainage material), construction, oper- impoundments must be separated from ation, and location of the LDS, waste the other materials, or protected from and leachate characteristics, likeli- them by means of a dike, berm, wall, or hood and amounts of other sources of other device. liquids in the LDS, and proposed re- sponse actions (e.g., the action leakage [Comment: The purpose of this is to prevent rate must consider decreases in the fires, explosions, gaseous emissions, leach- flow capacity of the system over time ing, or other discharge of hazardous waste or resulting from siltation and clogging, hazardous waste constituents which could rib layover and creep of synthetic com- result from the contact or mixing of incom- ponents of the system, overburden patible wastes or materials.] pressures, etc.). (c) Hazardous waste must not be (c) To determine if the action leak- piled on the same area where incom- age rate has been exceeded, the owner patible wastes or materials were pre- or operator must convert the weekly viously piled, unless that area has been flow rate from the monitoring data ob- decontaminated sufficiently to ensure tained under § 265.260, to an average compliance with § 265.17(b). daily flow rate (gallons per acre per day) for each sump. Unless the Re- gional Administrator approves a dif- § 265.258 Closure and post-closure ferent calculation, the average daily care. flow rate for each sump must be cal- (a) At closure, the owner or operator culated weekly during the active life must remove or decontaminate all and closure period. waste residues, contaminated contain- [57 FR 3493, Jan. 29, 1992] ment system components (liners, etc.), contaminated subsoils, and structures § 265.256 Special requirements for ig- and equipment contaminated with nitable or reactive waste. waste and leachate, and manage them (a) Ignitable or reactive waste must as hazardous waste unless § 261.3(d) of not be placed in a pile unless the waste this chapter applies; or and pile satisfy all applicable require- (b) If, after removing or decontami- ments of 40 CFR part 268, and: nating all residues and making all rea- (1) Addition of the waste to an exist- sonable efforts to effect removal or de- ing pile (i) results in the waste or mix- contamination of contaminated compo- ture no longer meeting the definition nents, subsoils, structures, and equip- of ignitable or reactive waste under ment as required in paragraph (a) of § 261.21 or § 261.23 of this chapter, and this section, the owner or operator (ii) complies with § 265.17(b); or
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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 [47 FR 32368, July 26, 1982] amounts of liquids by source, (ii) Conduct a fingerprint, hazardous § 265.259 Response actions. constituent, or other analyses of the 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 sub- mit a response action plan to the Re- sible location of any leaks, and the gional Administrator when submitting hazard and mobility of the liquid; and the proposed action leakage rate under (iii) Assess the seriousness of any § 265.255. The response action plan must leaks in terms of potential for escaping set forth the actions to be taken if the into the environment; or action leakage rate has been exceeded. (2) Document why such assessments At a minimum, the response action are not needed. plan must describe the actions speci- [57 FR 3494, Jan. 29, 1992] fied in paragraph (b) of this section. (b) If the flow rate into the leak de- § 265.260 Monitoring and inspection. termination system exceeds the action An owner or operator required to leakage rate for any sump, the owner have a leak detection system under or operator must: § 265.254 must record the amount of liq- (1) Notify the Regional Adminis- uids removed from each leak detection trator in writing of the exceedence system sump at least once each week within 7 days of the determination; during the active life and closure (2) Submit a preliminary written as- period. sessment to the Regional Adminis- trator within 14 days of the determina- [57 FR 3494, Jan. 29, 1992] tion, as to the amount of liquids, likely sources of liquids, possible location, Subpart M—Land Treatment size, and cause of any leaks, and short- term actions taken and planned; § 265.270 Applicability. (3) Determine to the extent prac- The regulations in this subpart apply ticable the location, size, and cause of to owners and operators of hazardous any leak; waste land treatment facilities, except (4) Determine whether waste receipts as § 265.1 provides otherwise. should cease or be curtailed, whether any waste should be removed from the § 265.271 [Reserved] unit for inspection, repairs, or con- trols, and whether or not the unit § 265.272 General operating require- should be closed; ments. (5) Determine any other short-term (a) Hazardous waste must not be and longer-term actions to be taken to placed in or on a land treatment facil- mitigate or stop any leaks; and ity unless the waste can be made less (6) Within 30 days after the notifica- hazardous or nonhazardous by degrada- tion that the action leakage rate has tion, transformation, or immobiliza- been exceeded, submit to the Regional tion processes occurring in or on the Administrator the results of the anal- soil. yses specified in paragraphs (b)(3), (4), (b) The owner or operator must de- and (5) of this section, the results of ac- sign, construct, operate, and maintain tions taken, and actions planned. a run-on control system capable of pre- Monthly thereafter, as long as the flow venting flow onto the active portions rate in the leak detection system ex- of the facility during peak discharge ceeds the action leakage rate, the from at least a 25-year storm. owner or operator must submit to the (c) The owner or operator must de- Regional Administrator a report sum- sign, construct, operate, and maintain
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a run-off management system capable §§ 265.274—265.275 [Reserved] of collecting and controlling a water volume at least equivalent to a 24- § 265.276 Food chain crops. hour, 25-year storm. (a) An owner or operator of a haz- (d) Collection and holding facilities ardous waste land treatment facility (e.g., tanks or basins) associated with on which food chain crops are being run-on and run-off control systems grown, or have been grown and will be must be emptied or otherwise managed grown in the future, must notify the expeditiously after storms to maintain Regional Administrator within 60 days design capacity of the system. after the effective date of this part. (e) If the treatment zone contains [Comment: The growth of food chain crops at particulate matter which may be sub- a facility which has never before been used ject to wind dispersal, the owner or op- for this purpose is a significant change in process under § 122.72(c) of this chapter. Own- erator must manage the unit to control ers or operators of such land treatment fa- wind dispersal. cilities who propose to grow food chain crops after the effective date of this part must [45 FR 33232, May 19, 1980, as amended at 47 comply with § 122.72(c) of this chapter.] FR 32368, July 26, 1982; 50 FR 16048, Apr. 23, 1985] (b)(1) Food chain crops must not be grown on the treated area of a haz- § 265.273 Waste analysis. ardous waste land treatment facility In addition to the waste analyses re- unless the owner or operator can dem- quired by § 265.13, before placing a haz- onstrate, based on field testing, that any arsenic, lead, mercury, or other ardous waste in or on a land treatment constituents identified under facility, the owner or operator must: § 265.273(b): (a) Determine the concentrations in (i) Will not be transferred to the food the waste of any substances which portion of the crop by plant uptake or equal or exceed the maximum con- direct contact, and will not otherwise centrations contained in Table 1 of be ingested by food chain animals (e.g., § 261.24 of this chapter that cause a by grazing); or waste to exhibit the Toxicity (ii) Will not occur in greater con- Characteristic; centrations in the crops grown on the (b) For any waste listed in part 261, land treatment facility than in the subpart D, of this chapter, determine same crops grown on untreated soils the concentrations of any substances under similar conditions in the same which caused the waste to be listed as region. a hazardous waste; and (2) The information necessary to (c) If food chain crops are grown, de- make the demonstration required by termine the concentrations in the paragraph (b)(1) of this section must be waste of each of the following constitu- kept at the facility and must, at a ents: arsenic, cadmium, lead, and mer- minimum: (i) Be based on tests for the specific cury, unless the owner or operator has waste and application rates being used written, documented data that show at the facility; and that the constituent is not present. (ii) Include descriptions of crop and [Comment: Part 261 of this chapter specifies soil characteristics, sample selection the substances for which a waste is listed as criteria, sample size determination, an- a hazardous waste. As required by § 265.13, alytical methods, and statistical proce- the waste analysis plan must include anal- dures. yses needed to comply with §§ 265.281 and (c) Food chain crops must not be 265.282. As required by § 265.73, the owner or grown on a land treatment facility re- operator must place the results from each ceiving waste that contains cadmium waste analysis, or the documented informa- unless all requirements of paragraphs tion, in the operating record of the facility.] (c)(1) (i) through (iii) of this section or [45 FR 33232, May 19, 1980, as amended at 55 all requirements of paragraphs (c)(2) (i) FR 11876, Mar. 29, 1990] through (iv) of this section are met.
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(1)(i) The pH of the waste and soil (iii) There is a facility operating plan mixture is 6.5 or greater at the time of which demonstrates how the animal each waste application, except for feed will be distributed to preclude in- waste containing cadmium at con- gestion by humans. The facility oper- centrations of 2 mg/kg (dry weight) or ating plan describes the measures to be less; taken to safeguard against possible (ii) The annual application of cad- health hazards from cadmium entering mium from waste does not exceed 0.5 the food chain, which may result from kilograms per hectare (kg/ha) on land alternative land uses. used for production of tobacco, leafy (iv) Future property owners are noti- vegetables, or root crops grown for fied by a stipulation in the land record human consumption. For other food or property deed which states that the chain crops, the annual cadmium appli- property has received waste at high cation rate does not exceed: cadmium application rates and that food chain crops must not be grown ex- Annual Cd application cept in compliance with paragraph Time period rate (kg/ (c)(2) of this section. ha) [Comment: As required by § 265.73, if an owner Present to June 30, 1984 ...... 2.0 or operator grows food chain crops on his July 1, 1984 to December 31, 1986 ...... 1.25 Beginning January 1, 1987 ...... 0.5 land treatment facility, he must place the information developed in this section in the (iii) The cumulative application of operating record of the facility.] cadmium from waste does not exceed [45 FR 33232, May 19, 1980, as amended at 47 the levels in either paragraph FR 32368, July 26, 1982; 48 FR 14295, Apr. 1, (c)(1)(iii)(A) or (B) of this section. 1983] (A) § 265.277 [Reserved] Maximum cumulative application (kg/ha) § 265.278 Unsaturated zone (zone of Soil caption exchange capacity Back- Back- aeration) monitoring. (meq/100g) ground soil ground soil pH less pH greater (a) The owner or operator must have than 6.5 than 6.5 in writing, and must implement, an un- saturated zone monitoring plan which Less than 5 ...... 5 5 5 to 15 ...... 5 10 is designed to: Greater than 15 ...... 5 20 (1) Detect the vertical migration of hazardous waste and hazardous waste (B) For soils with a background pH of constituents under the active portion less than 6.5, the cumulative cadmium of the land treatment facility, and application rate does not exceed the (2) Provide information on the back- levels below: Provided, that the pH of ground concentrations of the hazardous the waste and soil mixture is adjusted waste and hazardous waste constitu- to and maintained at 6.5 or greater ents in similar but untreated soils whenever food chain crops are grown. nearby; this background monitoring Maximum must be conducted before or in con- cumulative junction with the monitoring required Soil caption exchange capacity (meq/100g) application (kg/ha) under paragraph (a)(1) of this section. (b) The unsaturated zone monitoring Less than 5 ...... 5 plan must include, at a minimum: 5 to 15 ...... 10 Greater than 15 ...... 20 (1) Soil monitoring using soil cores, and (2)(i) The only food chain crop pro- (2) Soil-pore water monitoring using duced is animal feed. devices such as lysimeters. (ii) The pH of the waste and soil mix- (c) To comply with paragraph (a)(1) ture is 6.5 or greater at the time of of this section, the owner or operator waste application or at the time the must demonstrate in his unsaturated crop is planted, whichever occurs later, zone monitoring plan that: and this pH level is maintained when- (1) The depth at which soil and soil- ever food chain crops are grown. pore water samples are to be taken is
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below the depth to which the waste is (1) Type and amount of hazardous incorporated into the soil; waste and hazardous waste constitu- (2) The number of soil and soil-pore ents applied to the land treatment fa- water samples to be taken is based on cility; the variability of: (2) The mobility and the expected (i) The hazardous waste constituents rate of migration of the hazardous (as identified in § 265.273(a) and (b)) in waste and hazardous waste the waste and in the soil; and constituents; (ii) The soil type(s); and (3) Site location, topography, and (3) The frequency and timing of soil surrounding land use, with respect to and soil-pore water sampling is based the potential effects of pollutant mi- on the frequency, time, and rate of gration (e.g., proximity to ground waste application, proximity to ground water, surface water and drinking water, and soil permeability. water sources); (d) The owner or operator must keep (4) Climate, including amount, fre- at the facility his unsaturated zone quency, and pH of precipitation; monitoring plan, and the rationale (5) Geological and soil profiles and used in developing this plan. surface and subsurface hydrology of (e) The owner or operator must ana- the site, and soil characteristics, in- lyze the soil and soil-pore water sam- cluding cation exchange capacity, total ples for the hazardous waste constitu- organic carbon, and pH; ents that were found in the waste dur- (6) Unsaturated zone monitoring in- ing the waste analysis under § 265.273 formation obtained under § 265.278; and (a) and (b). (7) Type, concentration, and depth of [Comment: As required by § 265.73, all data and migration of hazardous waste constitu- information developed by the owner or oper- ents in the soil as compared to their ator under this section must be placed in the background concentrations. operating record of the facility.] (c) The owner or operator must con- sider at least the following methods in § 265.279 Recordkeeping. addressing the closure and post-closure The owner or operator must include care objectives of paragraph (a) of this hazardous waste application dates and section: rates in the operating record required (1) Removal of contaminated soils; under § 265.73. (2) Placement of a final cover, consid- [47 FR 32368, July 26, 1982] ering: (i) Functions of the cover (e.g., infil- § 265.280 Closure and post-closure. tration control, erosion and run-off (a) In the closure plan under § 265.112 control, and wind erosion control); and and the post-closure plan under (ii) Characteristics of the cover, in- § 265.118, the owner or operator must cluding material, final surface con- address the following objectives and in- tours, thickness, porosity and perme- dicate how they will be achieved: ability, slope, length of run of slope, (1) Control of the migration of haz- and type of vegetation on the cover; ardous waste and hazardous waste con- and stituents from the treated area into (3) Monitoring of ground water. the ground water; (d) In addition to the requirements of (2) Control of the release of contami- subpart G of this part, during the clo- nated run-off from the facility into sur- sure period the owner or operator of a face water; land treatment facility must: (3) Control of the release of airborne (1) Continue unsaturated zone moni- particulate contaminants caused by toring in a manner and frequency spec- wind erosion; and ified in the closure plan, except that (4) Compliance with § 265.276 con- soil pore liquid monitoring may be ter- cerning the gowth of food-chain crops. minated 90 days after the last applica- (b) The owner or operator must con- tion of waste to the treatment zone; sider at least the following factors in (2) Maintain the run-on control sys- addressing the closure and post-closure tem required under § 265.272(b); care objectives of paragraph (a) of this (3) Maintain the run-off management section: system required under § 265.272(c); and
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(4) Control wind dispersal of particu- the same land treatment area, unless late matter which may be subject to § 265.17(b) is complied with. wind dispersal. (e) For the purpose of complying with Subpart N—Landfills § 265.115, when closure is completed the owner or operator may submit to the § 265.300 Applicability. Regional Administrator certification The regulations in this subpart apply both by the owner or operator and by to owners and operators of facilities an independent qualified soil scientist, that dispose of hazardous waste in in lieu of an independent registered landfills, except as § 265.1 provides oth- professional engineer, that the facility erwise. A waste pile used as a disposal has been closed in accordance with the facility is a landfill and is governed by specifications in the approved closure this subpart. plan. (f) In addition to the requirements of § 265.301 Design and operating re- § 265.117, during the post-closure care quirements. period the owner or operator of a land treatment unit must: (a) The owner or operator of each (1) Continue soil-core monitoring by new landfill unit on which construction collecting and analyzing samples in a commences after January 29, 1992, each manner and frequency specified in the lateral expansion of a landfill unit on post-closure plan; which construction commences after (2) Restrict access to the unit as ap- July 29, 1992, and each replacement of propriate for its post-closure use; an existing landfill unit that is to com- (3) Assure that growth of food chain mence reuse after July 29, 1992 must in- crops complies with § 265.276; and stall two or more liners and a leachate (4) Control wind dispersal of haz- collection and removal system above ardous waste. and between such liners, and operate the leachate collection and removal [45 FR 33232, May 19, 1980, as amended at 47 systems, in accordance with § 264.301(d), FR 32368, July 26, 1982] (e), or (f), of this chapter. ‘‘Construc- tion commences’’ is as defined in § 260.10 § 265.281 Special requirements for ig- nitable or reactive waste. of this chapter under ‘‘existing facil- ity’’. The owner or operator must not (b) The owner or operator of each apply ignitable or reactive waste to the unit referred to in paragraph (a) of this treatment zone unless the waste and section must notify the Regional Ad- treatment zone meet all applicable re- ministrator at least sixty days prior to quirements of 40 CFR part 268, and: receiving waste. The owner or operator (a) The waste is immediately incor- of each facility submitting notice must porated into the soil so that: file a part B application within six (1) The resulting waste, mixture, or months of the receipt of such notice. dissolution of material no longer meets (c) The owner or operator of any re- the definition of ignitable or reactive placement landfill unit is exempt from waste under § 265.21 or § 261.23 of this paragraph (a) of this section if: chapter; and (1) The existing unit was constructed (2) Section 264.17(b) is complied with; in compliance with the design stand- or ards of section 3004(o)(1)(A)(i) and (o)(5) (b) The waste is managed in such a of the Resource Conservation and Re- way that it is protected from any ma- covery Act; and terial or conditions which may cause it (2) There is no reason to believe that to ignite or react. the liner is not functioning as de- [47 FR 32368, July 26, 1982, as amended at 55 signed. FR 22686, June 1, 1990] (d) The double liner requirement set forth in paragraph (a) of this section § 265.282 Special requirements for in- may be waived by the Regional Admin- compatible wastes. istrator for any monofill, if: Incompatible wastes, or incompatible (1) The monofill contains only haz- wastes and materials (see appendix V ardous wastes from foundry furnace for examples), must not be placed in emission controls or metal casting
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molding sand, and such waste does not (h) Collection and holding facilities contain constituents which would (e.g., tanks or basins) associated with render the wastes hazardous for rea- run-on and run-off control systems sons other than the Toxicity Char- must be emptied or otherwise managed acteristic in § 261.4 of this chapter, with expeditiously after storms to maintain EPA Hazardous Waste Number D004 design capacity of the system. through D017; and (i) The owner or operator of a landfill (2)(i)(A) The monofill has at least one containing hazardous waste which is liner for which there is no evidence subject to dispersal by wind must cover that such liner is leaking; or otherwise manage the landfill so (B) The monofill is located more than that wind dispersal of the hazardous one-quarter mile from an underground waste is controlled. source of drinking water (as that term is defined in § 144.3 of this chapter); and [Comment: As required by § 265.13, the waste analysis plan must include analyses needed (C) The monofill is in compliance to comply with §§ 265.312, 265.313, and 265.314. with generally applicable ground-water As required by § 265.73, the owner or operator monitoring requirements for facilities must place the results of these analyses in with permits under RCRA section the operating record of the facility.] 3005(c); or [45 FR 33232, May 19, 1980, as amended at 47 (ii) The owner or operator dem- FR 32368, July 26, 1982; 50 FR 18374, Apr. 30, onstrates that the monofill is located, 1985. Redesignated from § 265.302 at 57 FR designed and operated so as to assure 3494, Jan. 29, 1992; 50 FR 28750, July 15, 1985, that there will be no migration of any as amended at 57 FR 3494, Jan. 29, 1992; 57 FR hazardous constituent into ground 30658, July 10, 1992] water or surface water at any future time. § 265.302 Action leakage rate. (e) In the case of any unit in which (a) The owner or operator of landfill the liner and leachate collection sys- units subject to § 265.301(a) must sub- tem has been installed pursuant to the mit a proposed action leakage rate to requirements of paragraph (a) of this the Regional Administrator when sub- section and in good faith compliance mitting the notice required under with paragraph (a) of this section and § 265.301(b). Within 60 days of receipt of with guidance documents governing the notification, the Regional Adminis- liners and leachate collection systems trator will: Establish an action leakage under paragraph (a) of this section, no rate, either as proposed by the owner liner or leachate collection system or operator or modified using the cri- which is different from that which was teria in this section; or extend the re- so installed pursuant to paragraph (a) view period for up to 30 days. If no ac- of this section will be required for such tion is taken by the Regional Adminis- unit by the Regional Administrator trator before the original 60 or ex- when issuing the first permit to such tended 90 day review periods, the ac- facility, except that the Regional Ad- tion leakage rate will be approved as ministrator will not be precluded from proposed by the owner or operator. requiring installation of a new liner (b) The Regional Administrator shall when the Regional Administrator has approve an action leakage rate for sur- reason to believe that any liner in- face impoundment units subject to stalled pursuant to the requirements of § 265.301(a). The action leakage rate is paragraph (a) of this section is leaking. the maximum design flow rate that the (f) The owner or operator must de- leak detection system (LDS) can re- sign, construct, operate, and maintain move without the fluid head on the a run-on control system capable of pre- bottom liner exceeding 1 foot. The ac- venting flow onto the active portion of tion leakage rate must include an ade- the landfill during peak discharge from quate safety margin to allow for uncer- at least a 25-year storm. tainties in the design (e.g., slope, hy- (g) The owner or operator must de- draulic conductivity, thickness of sign, construct, operate and maintain a drainage material), construction, oper- run-off management system to collect ation, and location of the LDS, waste and control at least the water volume and leachate characteristics, likeli- resulting from a 24-hour, 25-year storm. hood and amounts of other sources of
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liquids in the LDS, and proposed re- trols, and whether or not the unit sponse actions (e.g., the action leakage should be closed; rate must consider decreases in the (5) Determine any other short-term flow capacity of the system over time and longer-term actions to be taken to resulting from siltation and clogging, mitigate or stop any leaks; and rib layover and creep of synthetic com- (6) Within 30 days after the notifica- ponents of the system, overburden tion that the action leakage rate has pressures, etc.). been exceeded, submit to the Regional (c) To determine if the action leak- Administrator the results of the anal- age rate has been exceeded, the owner yses specified in paragraphs (b)(3), (4), or operator must convert the weekly or and (5) of this section, the results of ac- monthly flow rate from the monitoring tions taken, and actions planned. data obtained under § 265.304 to an aver- Monthly thereafter, as long as the flow age daily flow rate (gallons per acre rate in the leak detection system ex- per day) for each sump. Unless the Re- ceeds the action leakage rate, the gional Administrator approves a dif- owner or operator must submit to the ferent calculation, the average daily Regional Administrator a report sum- flow rate for each sump must be cal- marizing the results of any remedial culated weekly during the active life actions taken and actions planned. and closure period, and monthly during (c) To make the leak and/or remedi- the post-closure care period when ation determinations in paragraphs monthly monitoring is required under (b)(3), (4), and (5) of this section, the § 265.304(b). owner or operator must: (1)(i) Assess the source of liquids and [57 FR 3494, Jan. 29, 1992] amounts of liquids by source, (ii) Conduct a fingerprint, hazardous § 265.303 Response actions. constituent, or other analyses of the (a) The owner or operator of landfill liquids in the leak detection system to units subject to § 265.301(a) must sub- identify the source of liquids and pos- mit a response action plan to the Re- sible location of any leaks, and the gional Administrator when submitting hazard and mobility of the liquid; and the proposed action leakage rate under (iii) Assess the seriousness of any § 265.302. The response action plan must leaks in terms of potential for escaping set forth the actions to be taken if the into the environment; or action leakage rate has been exceeded. (2) Document why such assessments At a minimum, the response action are not needed. plan must describe the actions speci- [57 FR 3494, Jan. 29, 1992] fied in paragraph (b) of this section. (b) If the flow rate into the leak de- § 265.304 Monitoring and inspection. tection system exceeds the action leak- (a) An owner or operator required to age rate for any sump, the owner or op- have a leak detection system under erator must: § 265.301(a) must record the amount of (1) Notify the Regional Adminis- liquids removed from each leak detec- trator in writing of the exceedence tion system sump at least once each within 7 days of the determination; week during the active life and closure (2) Submit a preliminary written as- period. sessment to the Regional Adminis- (b) After the final cover is installed, trator within 14 days of the determina- the amount of liquids removed from tion, as to the amount of liquids, likely each leak detection system sump must sources of liquids, possible location, be recorded at least monthly. If the liq- size, and cause of any leaks, and short- uid level in the sump stays below the term actions taken and planned; pump operating level for two consecu- (3) Determine to the extent prac- tive months, the amount of liquids in ticable the location, size, and cause of the sumps must be recorded at least any leak; quarterly. If the liquid level in the (4) Determine whether waste receipt sump stays below the pump operating should cease or be curtailed, whether level for two consecutive quarters, the any waste should be removed from the amount of liquids in the sumps must be unit for inspection, repairs, or con- recorded at least semi-annually. If at
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any time during the post-closure care (b) After final closure, the owner or period the pump operating level is ex- operator must comply with all post- ceeded at units on quarterly or semi- closure requirements contained in annual recording schedules, the owner §§ 265.117 through 265.120 including or operator must return to monthly re- maintenance and monitoring through- cording of amounts of liquids removed out the post-closure care period. The from each sump until the liquid level owner or operator must: again stays below the pump operating (1) Maintain the integrity and effec- level for two consecutive months. 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 be requirements of this part; 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 §§ 265.305—265.308 [Reserved] of subpart F of this part; (4) Prevent run-on and run-off from § 265.309 Surveying and record- eroding or otherwise damaging the keeping. final cover; and (5) Protect and maintain surveyed The owner or operator of a landfill benchmarks used in complying with must maintain the following items in § 265.309. the operating record required in § 265.73: [50 FR 16048, Apr. 23, 1985, as amended at 57 (a) On a map, the exact location and FR 3495, Jan. 29, 1992] dimensions, including depth, of each cell with respect to permanently sur- § 265.311 [Reserved] veyed benchmarks; and § 265.312 Special requirements for ig- (b) The contents of each cell and the nitable or reactive waste. approximate location of each haz- (a) Except as provided in paragraph ardous waste type within each cell. (b) of this section, and in § 265.316, ig- nitable or reactive waste must not be § 265.310 Closure and post-closure placed in a landfill, unless the waste care. and landfill meets all applicable re- (a) At final closure of the landfill or quirements of 40 CFR part 268, and: upon closure of any cell, the owner or (1) The resulting waste, mixture, or operator must cover the landfill or cell dissolution or 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 (1) Provide long-term minimization chapter; and of migration of liquids through the (2) Section 265.17(b) is complied with. closed landfill; (b) Except for prohibited wastes (2) Function with minimum mainte- which remain subject to treatment nance; standards in subpart D of part 268, ig- (3) Promote drainage and minimize nitable wastes in containers may be erosion or abrasion of the cover; landfilled without meeting the require- (4) Accommodate settling and subsid- ments of paragraph (a) of this section, ence so that the cover’s integrity is provided that the wastes are disposed maintained; and of in such a way that they are pro- (5) Have a permeability less than or tected from any material or conditions equal to the permeability of any bot- which may cause them to ignite. At a tom liner system or natural subsoils minimum, ignitable wastes must be present. disposed of in non-leaking containers
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which are carefully handled and placed (4) The container is a lab pack as de- so as to avoid heat, sparks, rupture, or fined in § 265.316 and is disposed of in any other condition that might cause accordance with § 265.316. ignition of the wastes; must be covered (d) To demonstrate the absence or daily with soil or other non-combus- presence of free liquids in either a con- tible material to minimize the poten- tainerized or a bulk waste, the fol- tial for ignition of the wastes; and lowing test must be used: Method 9095 must not be disposed of in cells that (Paint Filter Liquids Test) as described contain or will contain other wastes in ‘‘Test Methods for Evaluating Solid which may generate heat sufficient to Waste, Physical/Chemical Methods,’’ cause ignition of the waste. EPA Publication SW–846, as incor- [47 FR 32368, July 26, 1982, as amended at 55 porated by reference in § 260.11 of this FR 22686, June 1, 1990] chapter. (e) The date for compliance with § 265.313 Special requirements for in- paragraph (a) of this section is Novem- compatible wastes. ber 19, 1981. The date for compliance Incompatible wastes, or incompatible with paragraph (c) of this section is wastes and materials, (see appendix V March 22, 1982. for examples) must not be placed in the (f) Sorbents used to treat free liquids same landfill cell, unless § 265.17(b) is to be disposed of in landfills must be complied with. nonbiodegradable. Nonbiodegradable sorbents are: materials listed or de- § 265.314 Special requirements for scribed in paragraph (f)(1) of this sec- bulk and containerized liquids. tion; materials that pass one of the (a) Bulk or non-containerized liquid tests in paragraph (f)(2) of this section; waste or waste containing free liquids or materials that are determined by may be placed in a landfill prior to EPA to be nonbiodegradable through May 8, 1985 only if: the Part 260 petition process. (1) The landfill has a liner and leach- (1) Nonbiodegradable sorbents. (i) In- ate collection and removal system that organic minerals, other inorganic ma- meets the requirements of § 264.301(a) of terials, and elemental carbon (e.g., this chapter; or aluminosilicates, clays, smectites, (2) Before disposal, the liquid waste Fuller’s earth, bentonite, calcium ben- or waste containing free liquids is tonite, montmorillonite, calcined treated or stabilized, chemically or montmorillonite, kaolinite, micas physically (e.g., by mixing with a sor- (illite), vermiculites, zeolites; calcium bent solid), so that free liquids are no carbonate (organic free limestone); ox- longer present. ides/hydroxides, alumina, lime, silica (b) Effective May 8, 1985, the place- (sand), diatomaceous earth; perlite ment of bulk or non-containerized liq- (volcanic glass); expanded volcanic uid hazardous waste or hazardous rock; volcanic ash; cement kiln dust; waste containing free liquids (whether fly ash; rice hull ash; activated char- or not sorbents have been added) in any coal/activated carbon); or landfill is prohibited. (ii) High molecular weight synthetic (c) Containers holding free liquids polymers (e.g., polyethylene, high den- must not be placed in a landfill unless: sity polyethylene (HDPE), poly- (1) All free-standing liquid, propylene, polystyrene, polyurethane, (i) has been removed by decanting, or polyacrylate, polynorborene, other methods, polysobutylene, ground synthetic rub- (ii) has been mixed with sorbent or ber, cross-linked allylstyrene and ter- solidified so that free-standing liquid is tiary butyl copolymers). This does not no longer observed; or include polymers derived from biologi- (iii) had been otherwise eliminated; cal material or polymers specifically or designed to be degradable; or (2) The container is very small, such (iii) Mixtures of these nonbiodegrada- as an ampule; or ble materials. (3) The container is designed to hold (2) Tests for nonbiodegradable free liquids for use other than storage, sorbents. (i) The sorbent material is de- such as a battery or capacitor; or termined to be nonbiodegradable under
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ASTM Method G21–70 (1984a)—Standard be placed in a landfull if the following Practice for Determining Resistance of requirements are met: Synthetic Polymer Materials to Fungi; (a) Hazardous waste must be pack- or aged in non-leaking inside containers. (ii) The sorbent material is deter- The inside containers must be of a de- mined to be nonbiodegradable under sign and constructed of a material that ASTM Method G22–76 (1984b)—Standard will not react dangerously with, be de- Practice for Determining Resistance of composed by, or be ignited by the Plastics to Bacteria; or waste held therein. Inside containers (iii) The sorbent material is deter- must be tightly and securely sealed. mined to be non-biodegradable under The inside containers must be of the OECD test 301B: [CO2 Evolution (Modi- size and type specified in the Depart- fied Sturm Test)]. ment of Transportation (DOT) haz- (g) Effective November 8, 1985, the ardous materials regulations (49 CFR placement of any liquid which is not a parts 173, 178 and 179), if those regula- hazardous waste in a landfill is prohib- tions specify a particular inside con- ited unless the owner or operator of tainer for the waste. such landfill demonstrates to the Re- (b) The inside containers must be gional Administrator, or the Regional Administrator determines, that: overpacked in an open head DOT-speci- fication metal shipping container (49 (1) The only reasonably available al- ternative to the placement in such CFR parts 178 and 179) of no more than landfill is placement in a landfill or un- 416-liter (110 gallon) capacity and sur- lined surface impoundment, whether or rounded by, at a minimum, a sufficient not permitted or operating under in- quantity of sorbent material, deter- terim status, which contains, or may mined to be nonbiodegradable in ac- reasonably be anticipated to contain, cordance with § 265.314(f), to completely hazardous waste; and sorb all of the liquid contents of the in- (2) Placement in such owner or opera- side containers. The metal outer con- tor’s landfill will not present a risk of tainer must be full after it has been contamination of any underground packed with inside containers and sor- source of drinking water (as that term bent material. is defined in § 144.3 of this chapter). (c) The sorbent material used must not be capable of reacting dangerously [45 FR 33232, May 19, 1980, as amended at 47 with, being decomposed by, or being ig- FR 12318, Mar. 22, 1982; 47 FR 32369, July 26, 1982; 50 FR 18374, Apr. 30, 1985; 50 FR 28750, nited by the contents of the inside con- July 15, 1985; 51 FR 19177, May 28, 1986; 57 FR tainer’s in accordance with § 265.17(b). 54461, Nov. 18, 1992; 58 FR 46050, Aug. 31, 1993; (d) Incompatible wastes, as defined in 60 FR 35705, July 11, 1995] § 260.10(a) of this chapter, must not be placed in the same outside container. § 265.315 Special requirements for con- (e) Reactive waste, other than tainers. cyanide- or sulfide-bearing waste as de- Unless they are very small, such as fined in § 261.23(a)(5) of this chapter, an ampule, containers must be either: must be treated or rendered non-reac- (a) At least 90 percent full when tive prior to packaging in accordance placed in the landfill; or with paragraphs (a) through (d) of this (b) Crushed, shredded, or similarly section. Cyanide- and sulfide-bearing reduced in volume to the maximum reactive waste may be packaged in ac- practical extent before burial in the cordance with paragraphs (a) through landfill. (d) of this section without first being [50 FR 16048, Apr. 23, 1985] treated or rendered non-reactive. (f) Such disposal is in compliance § 265.316 Disposal of small containers with the requirements of 40 CFR part of hazardous waste in overpacked 268. Persons who incinerate lab packs drums (lab packs). according to the requirements in 40 Small containers of hazardous waste CFR 268.42(c)(1) may use fiber drums in in overpacked drums (lab packs) may place of metal outer containers. Such
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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] both; or (2) Listed as a hazardous waste in Subpart O—Incinerators part 261, subpart D, of this chapter solely because it is reactive (Hazard Code R) for characteristics other than SOURCE: 46 FR 7680, Jan. 23, 1981, unless otherwise noted. those listed in § 261.23(a) (4) and (5), and 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 apply to owners and operators of haz- (3) A hazardous waste solely because ardous waste incinerators (as defined it possesses the characteristic of ignit- in § 260.10 of this chapter), except as ability, corrosivity, or both, as deter- § 265.1 provides otherwise. mined by the tests for characteristics (b) Integration of the MACT standards. of hazardous wastes under part 261, (1) Except as provided by paragraph subpart C, of this chapter; or (b)(2) of this section, the standards of (4) A hazardous waste solely because this part no longer apply when an it possesses the reactivity characteris- owner or operator demonstrates com- tics described by § 261.23(a) (1), (2), (3), pliance with the maximum achievable (6), (7), or (8) of this chapter, and will control technology (MACT) require- not be burned when other hazardous ments of part 63, subpart EEE of this wastes are present in the combustion chapter by conducting a comprehensive zone. performance test and submitting to the [47 FR 27533, June 24, 1982 and 50 FR 666, Jan. Administrator a Notification of Com- 4, 1985, as amended at 50 FR 49203, Nov. 29, pliance under §§ 63.1207(j) and 63.1210(d) 1985; 56 FR 7208, Feb. 21, 1991; 64 FR 53075, of this chapter documenting compli- Sept. 30, 1999] ance with the requirements of subpart EEE of part 63 of this Chapter. Never- § 265.341 Waste analysis. theless, even after this demonstration In addition to the waste analyses re- of compliance with the MACT stand- quired by § 265.13, the owner or operator ards, RCRA permit conditions that must sufficiently analyze any waste were based on the standards of this which he has not previously burned in part will continue to be in effect until his incinerator to enable him to estab- they are removed from the permit or lish steady state (normal) operating the permit is terminated or revoked, conditions (including waste and auxil- unless the permit expressly provides iary fuel feed and air flow) and to de- otherwise. termine the type of pollutants which (2) The MACT standards do not re- might be emitted. At a minimum, the place the closure requirements of analysis must determine: § 264.351 or the applicable requirements of subparts A through H, BB and CC of (a) Heating value of the waste; this part. (b) Halogen content and sulfur con- (c) Owners and operators of inciner- tent in the waste; and ators burning hazardous waste are ex- (c) Concentrations in the waste of empt from all of the requirements of lead and mercury, unless the owner or this subpart, except § 265.351 (Closure), operator has written, documented data provided that the owner or operator that show that the element is not has documented, in writing, that the present. waste would not reasonably be ex- [Comment: As required by § 265.73, the owner pected to contain any of the hazardous or operator must place the results from each constituents listed in part 261, appen- waste analysis, or the documented informa- dix VIII, of this chapter, and such doc- tion, in the operating record of the facility.]
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§§ 265.342—265.344 [Reserved] moved from his incinerator is not a haz- ardous waste, the owner or operator becomes § 265.345 General operating require- a generator of hazardous waste and must ments. manage it in accordance with all applicable During start-up and shut-down of an requirements of parts 262 through 266 of this chapter.] incinerator, the owner or operator must not feed hazardous waste unless § 265.352 Interim status incinerators the incinerator is at steady state (nor- burning particular hazardous mal) conditions of operation, including wastes. steady state operating temperature and air flow. (a) Owners or operators of inciner- ators subject to this subpart may burn § 265.346 [Reserved] EPA Hazardous Wastes FO20, FO21, FO22, FO23, FO26, or FO27 if they re- § 265.347 Monitoring and inspections. ceive a certification from the Assistant The owner or operator must conduct, Administrator for Solid Waste and as a minimum, the following moni- Emergency Response that they can toring and inspections when incin- meet the performance standards of sub- erating hazardous waste: part O of part 264 when they burn these (a) Existing instruments which relate wastes. to combustion and emission control (b) The following standards and pro- must be monitored at least every 15 cedures will be used in determining minutes. Appropriate corrections to whether to certify an incinerator: maintain steady state combustion con- (1) The owner or operator will submit ditions must be made immediately ei- an application to the Assistant Admin- ther automatically or by the operator. istrator for Solid Waste and Emer- Instruments which relate to combus- tion and emission control would nor- gency Response containing applicable mally include those measuring waste information in §§ 270.19 and 270.62 dem- feed, auxiliary fuel feed, air flow, in- onstrating that the incinerator can cinerator temperature, scrubber flow, meet the performance standards in sub- scrubber pH, and relevant level part O of part 264 when they burn these controls. wastes. (b) The complete incinerator and as- (2) The Assistant Administrator for sociated equipment (pumps, valves, Solid Waste and Emergency Response conveyors, pipes, etc.) must be in- will issue a tentative decision as to spected at least daily for leaks, spills, whether the incinerator can meet the and fugitive emissions, and all emer- performance standards in subpart O of gency shutdown controls and system part 264. Notification of this tentative alarms must be checked to assure prop- decision will be provided by newspaper er operation. advertisement and radio broadcast in [46 FR 7678, Jan. 23, 1981, as amended at 47 the jurisdiction where the incinerator FR 27533, June 24, 1982] is located. The Assistant Adminis- trator for Solid Waste and Emergency §§ 265.348—265.350 [Reserved] Response will accept comment on the tentative decision for 60 days. The As- § 265.351 Closure. sistant Administrator for Solid Waste At closure, the owner or operator and Emergency Response also may must remove all hazardous waste and hold a public hearing upon request or hazardous waste residues (including at his discretion. but not limited to ash, scrubber (3) After the close of the public com- waters, and scrubber sludges) from the ment period, the Assistant Adminis- incinerator. trator for Solid Waste and Emergency [Comment: At closure, as throughout the op- Response will issue a decision whether erating period, unless the owner or operator or not to certify the incinerator. can demonstrate, in accordance with § 261.3(d) of this chapter, that the residue re- [50 FR 2005, Jan. 14, 1985]
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§§ 265.353—265.369 [Reserved] [Comment: As required by § 265.73, the owner or operator must place the results from each waste analysis, or the documented informa- Subpart P—Thermal Treatment tion, in the operating record of the facility.]
§ 265.370 Other thermal treatment. § 265.376 [Reserved] The regulations in this subpart apply to owners or operators of facilities that § 265.377 Monitoring and inspections. thermally treat hazardous waste in de- (a) The owner or operator must con- vices other than enclosed devices using duct, as a minimum, the following controlled flame combustion, except as monitoring and inspections when ther- § 265.1 provides otherwise. Thermal mally treating hazardous waste: treatment in enclosed devices using (1) Existing instruments which relate controlled flame combustion is subject to temperature and emission control (if to the requirements of subpart O if the an emission control device is present) unit is an incinerator, and subpart H of must be monitored at least every 15 part 266, if the unit is a boiler or an in- minutes. Appropriate corrections to dustrial furnace as defined in § 260.10. maintain steady state or other appro- [50 FR 666, Jan. 4, 1985, as amended at 56 FR priate thermal treatment conditions 32692, July 17, 1991] must be made immediately either automatically or by the operator. In- §§ 265.371—265.372 [Reserved] struments which relate to temperature and emission control would normally § 265.373 General operating require- include those measuring waste feed, ments. auxiliary fuel feed, treatment process Before adding hazardous waste, the temperature, and relevant process flow owner or operator must bring his ther- and level controls. mal treatment process to steady state (2) The stack plume (emissions), (normal) conditions of operation—in- where present, must be observed vis- cluding steady state operating tem- ually at least hourly for normal ap- perature—using auxiliary fuel or other pearance (color and opacity). The oper- means, unless the process is a non-con- ator must immediately make any indi- tinuous (batch) thermal treatment cated operating corrections necessary process which requires a complete ther- to return any visible emissions to their mal cycle to treat a discrete quantity normal appearance. of hazardous waste. (3) The complete thermal treatment process and associated equipment § 265.374 [Reserved] (pumps, valves, conveyors, pipes, etc.) § 265.375 Waste analysis. must be inspected at least daily for leaks, spills, and fugitive emissions, In addition to the waste analyses re- and all emergency shutdown controls quired by § 265.13, the owner or operator and system alarms must be checked to must sufficiently analyze any waste assure proper operation. which he has not previously treated in (b) [Reserved] his thermal process to enable him to establish steady state (normal) or §§ 265.378—265.380 [Reserved] other appropriate (for a non-contin- uous process) operating conditions (in- § 265.381 Closure. cluding waste and auxiliary fuel feed) At closure, the owner or operator and to determine the type of pollutants must remove all hazardous waste and which might be emitted. At a min- hazardous waste residues (including, imum, the analysis must determine: but not limited to, ash) from the ther- (a) Heating value of the waste; mal treatment process or equipment. (b) Halogen content and sulfur con- tent in the waste; and [Comment: At closure, as throughout the op- (c) Concentrations in the waste of erating period, unless the owner or operator can demonstrate, in accordance with § 261.3 lead and mercury, unless the owner or (c) or (d) of this chapter, that any solid operator has written, documented data waste removed from his thermal treatment that show that the element is not process or equipment is not a hazardous present. waste, the owner or operator becomes a
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generator of hazardous waste and must man- will issue a tentative decision as to age it in accordance with all applicable re- whether the thermal treatment unit quirements of parts 262, 263, and 265 of this can meet the performance standards in chapter.] subpart O of part 264. Notification of § 265.382 Open burning; waste explo- this tentative decision will be provided sives. by newspaper advertisement and radio broadcast in the jurisdiction where the Open burning of hazardous waste is thermal treatment device is located. prohibited except for the open burning The Assistant Administrator for Solid and detonation of waste explosives. Waste explosives include waste which Waste and Emergency Response will has the potential to detonate and bulk accept comment on the tentative deci- military propellants which cannot safe- sion for 60 days. The Assistant Admin- ly be disposed of through other modes istrator for Solid Waste and Emergen- of treatment. Detonation is an explo- cy Response also may hold a public sion in which chemical transformation hearing upon request or at his discre- passes through the material faster tion. than the speed of sound (0.33 kilo- (3) After the close of the public com- meters/second at sea level). Owners or ment period, the Assistant Adminis- operators choosing to open burn or det- trator for Solid Waste and Emergency onate waste explosives must do so in Response will issue a decision whether accordance with the following table or not to certify the thermal treatment and in a manner that does not threaten unit. human health or the environment. [50 FR 2005, Jan. 14, 1985]
Pounds of waste explosives Minimum distance from open or propellants burning or detonation to the Subpart Q—Chemical, Physical, property of others and Biological Treatment 0 to 100 ...... 204 meters (670 feet). 101 to 1,000 ...... 380 meters (1,250 feet). § 265.400 Applicability. 1,001 to 10,000 ...... 530 meters (1,730 feet). 10,001 to 30,000 ...... 690 meters (2,260 feet). The regulations in this subpart apply to owners and operators of facilities § 265.383 Interim status thermal treat- which treat hazardous wastes by chem- ment devices burning particular ical, physical, or biological methods in hazardous waste. other than tanks, surface impound- (a) Owners or operators of thermal ments, and land treatment facilities, treatment devices subject to this sub- except as § 265.1 provides otherwise. part may burn EPA Hazardous Wastes Chemical, physical, and biological FO20, FO21, FO22, FO23, FO26, or FO27 treatment of hazardous waste in tanks, if they receive a certification from the surface impoundments, and land treat- Assistant Administrator for Solid ment facilities must be conducted in Waste and Emergency Response that accordance with subparts J, K, and M, they can meet the performance stand- respectively. ards of subpart O of part 264 when they burn these wastes. § 265.401 General operating require- (b) The following standards and pro- ments. cedures will be used in determining (a) Chemical, physical, or biological whether to certify a thermal treatment treatment of hazardous waste must unit: comply with § 265.17(b). (1) The owner or operator will submit (b) Hazardous wastes or treatment an application to the Assistant Admin- reagents must not be placed in the istrator for Solid Waste and Emer- treatment process or equipment if they gency Response containing the applica- could cause the treatment process or ble information in §§ 270.19 and 270.62 equipment to rupture, leak, corrode, or demonstrating that the thermal treat- otherwise fail before the end of its in- ment unit can meet the performance tended life. standard in subpart O of part 264 when (c) Where hazardous waste is continu- they burn these wastes. ously fed into a treatment process or (2) The Assistant Administrator for equipment, the process or equipment Solid Waste and Emergency Response must be equipped with a means to stop
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this inflow (e.g., a waste feed cut-off (3) The construction materials of the system or by-pass system to a standby treatment process or equipment, at containment device). least weekly, to detect corrosion or leaking of fixtures or seams; and [Comment: These systems are intended to be used in the event of a malfunction in the (4) The construction materials of, treatment process or equipment.] and the area immediately surrounding, discharge confinement structures (e.g., § 265.402 Waste analysis and trial tests. dikes), at least weekly, to detect ero- (a) In addition to the waste analysis sion or obvious signs of leakage (e.g., required by § 265.13, whenever: wet spots or dead vegetation). (1) A hazardous waste which is sub- (b) [Reserved] stantially different from waste pre- [Comment: As required by § 265.15(c), the viously treated in a treatment process owner or operator must remedy any deterio- or equipment at the facility is to be ration or malfunction he finds.] treated in that process or equipment, or § 265.404 Closure. (2) A substantially different process At closure, all hazardous waste and than any previously used at the facil- hazardous waste residues must be re- ity is to be used to chemically treat moved from treatment processes or hazardous waste; equipment, discharge control equip- the owner or operator must, before ment, and discharge confinement treating the different waste or using structures. the different process or equipment: [Comment: At closure, as throughout the op- (i) Conduct waste analyses and trial erating period, unless the owner or operator treatment tests (e.g., bench scale or can demonstrate, in accordance with § 261.3 pilot plant scale tests); or (c) or (d) of this chapter, that any solid (ii) Obtain written, documented in- waste removed from his treatment process or formation on similar treatment of equipment is not a hazardous waste, the owner or operator becomes a generator of similar waste under similar operating hazardous waste and must manage it in ac- conditions; cordance with all applicable requirements of to show that this proposed treatment parts 262, 263, and 265 of this chapter.] will meet all applicable requirements of § 265.401 (a) and (b). § 265.405 Special requirements for ig- [(b) [Reserved] nitable or reactive waste. [Comment: As required by § 265.13, the waste (a) Ignitable or reactive waste must analysis plan must include analyses needed not be placed in a treatment process or to comply with §§ 265.405 and 265.406. As re- equipment unless: quired by § 265.73, the owner or operator must (1) The waste is treated, rendered, or place the results from each waste analysis mixed before or immediately after and trial test, or the documented informa- tion, in the operating record of the facility.] placement in the treatment process or equipment so that (i) the resulting waste, mixture, or dissolution of mate- § 265.403 Inspections. rial no longer meets the definition of (a) The owner or operator of a treat- ignitable or reactive waste under ment facility must inspect, where § 261.21 or 261.23 or this chapter, and (ii) present: § 265.17(b) is complied with; or (1) Discharge control and safety (2) The waste is treated in such a way equipment (e.g., waste feed cut-off sys- that it is protected from any material tems, by-pass systems, drainage sys- or conditions which may cause the tems, and pressure relief systems) at waste to ignite or react. least once each operating day, to en- (b)[Reserved] sure that it is in good working order; (2) Data gathered from monitoring § 265.406 Special requirements for in- equipment (e.g., pressure and tempera- compatible wastes. ture gauges), at least once each oper- (a) Incompatible wastes, or incom- ating day, to ensure that the treat- patible wastes and materials, (see ap- ment process or equipment is being op- pendix V for examples) must not be erated according to its design; placed in the same treatment process
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or equipment, unless § 265.17(b) is com- a leak collection system applies only plied with. to those drip pads that are constructed (b) Hazardous waste must not be after December 24, 1992 except for those placed in unwashed treatment equip- constructed after December 24, 1992 for ment which previously held an incom- which the owner or operator has a de- patible waste or material, unless sign and has entered into binding fi- § 265.17(b) is complied with. nancial or other agreements for con- struction prior to December 24, 1992. Subpart R—Underground Injection (b) The owner or operator of any drip pad that is inside or under a structure § 265.430 Applicability. that provides protection from precipi- Except as § 265.1 provides otherwise: tation so that neither run-off nor run- 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 [Comment: In addition to the requirements of minimum, the contingency plan must 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- tions are reserved at this time. The Agency drippage; will propose regulations that would establish (iii) Retain documents regarding those requirements.] cleanup for three years; and (iv) Manage the contaminated media [45 FR 33232, May 19, 1980, as amended at 48 in a manner consistent with Federal FR 30115, June 30, 1983] regulations. Subparts S—V [Reserved] [55 FR 50486, Dec. 6, 1990, as amended by 56 FR 30198, July 1, 1991; 57 FR 61503, Dec. 24, 1992] Subpart W—Drip Pads § 265.441 Assessment of existing drip SOURCE: 55 FR 50486, Dec. 6, 1990, unless pad integrity. otherwise noted. (a) For each existing drip pad as de- fined in § 265.440 of this subpart, the § 265.440 Applicability. owner or operator must evaluate the (a) The requirements of this subpart drip pad and determine that it meets apply to owners and operators of facili- all of the requirements of this subpart, ties that use new or existing drip pads except the requirements for liners and to convey treated wood drippage, pre- leak detection systems of § 265.443(b). cipitation, and/or surface water run-off No later than the effective date of this to an associated collection system. Ex- rule, the owner or operator must ob- isting drip pads are those constructed tain and keep on file at the facility a before December 6, 1990 and those for written assessment of the drip pad, re- which the owner or operator has a de- viewed and certified by an independent, sign and has entered into binding fi- qualified registered professional engi- nancial or other agreements for con- neer that attests to the results of the struction prior to December 6, 1990. All evaluation. The assessment must be re- other drip pads are new drip pads. The viewed, updated and re-certified annu- requirement at § 265.443(b)(3) to install ally until all upgrades, repairs, or
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modifications necessary to achieve § 265.443 Design and operating re- compliance with all of the standards of quirements. § 265.443 of this subpart are complete. (a) Drip pads must: The evaluation must document the ex- (1) Be constructed of non-earthen ma- tent to which the drip pad meets each terials, excluding wood and non-struc- of the design and operating standards turally supported asphalt; of § 265.443 of this subpart, except the (2) Be sloped to free-drain treated standards for liners and leak detection wood drippage, rain and other waters, systems, specified in § 265.443(b) of this or solutions of drippage and water or subpart. other wastes to the associated collec- (b) The owner or operator must de- tion system; velop a written plan for upgrading, re- (3) Have a curb or berm around the pairing, and modifying the drip pad to perimeter; meet the requirements of § 265.443(b) of (4)(i) Have a hydraulic conductivity this subpart, and submit the plan to of less than or equal to 1×10¥7 centi- the Regional Administrator no later meters per second, e.g., existing con- than 2 years before the date that all re- crete drip pads must be sealed, coated, pairs, upgrades, and modifications are or covered with a surface material with complete. This written plan must de- a hydraulic conductivity of less than or scribe all changes to be made to the equal to 1×10¥7 centimeters per second drip pad in sufficient detail to docu- such that the entire surface where ment compliance with all the require- drippage occurs or may run across is ments of § 265.443 of this subpart. The capable of containing such drippage plan must be reviewed and certified by and mixtures of drippage and precipita- an independent qualified registered tion, materials, or other wastes while 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 an inde- the preservatives that contact the drip pendent, qualified registered profes- pad. The requirements of this provision sional engineer attesting that the drip apply only to existing drip pads and pad conforms to the drawings. those drip pads for which the owner or (d) If the drip pad is found to be leak- operator elects to comply with ing or unfit for use, the owner or oper- § 265.442(a) instead of § 265.442(b). ator must comply with the provisions (ii) The owner or operator must ob- of § 265.443(m) of this subpart or close tain and keep on file at the facility a the drip pad in accordance with § 265.445 written assessment of the drip pad, re- of this subpart. viewed and certified by an independent, qualified registered professional engi- [55 FR 50486, Dec. 6, 1990, as amended at 57 neer that attests to the results of the FR 61504, Dec. 24, 1992] evaluation. The assessment must be re- viewed, updated and recertified annu- § 265.442 Design and installation of ally. The evaluation must document new drip pads. the extent to which the drip pad meets Owners and operators of new drip the design and operating standards of pads must ensure that the pads are de- this section, except for subsection (b). signed, installed, and operated in ac- (5) Be of sufficient structural cordance with one of the following: strength and thickness to prevent fail- (a) All of the applicable requirements ure due to physical contact, climatic of §§ 265.443 (except § 265.443(a)(4)), conditions, the stress of installation, 265.444 and 265.445 of this subpart, or and the stress of daily operations, e.g., (b) All of the applicable requirements variable and moving loads such as vehi- of §§ 265.443 (except § 265.443(b)), 265.444 cle traffic, movement of wood, etc. and 265.445 of this subpart. NOTE: EPA will generally consider applica- ble standards established by professional or- [57 FR 61504, Dec. 24, 1992] ganizations generally recognized by industry
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such as the American Concrete Institute (iii) Designed so that it will detect (ACI) and the American Society of Testing the failure of the drip pad or the pres- Materials (ASTM) in judging the structural ence of a release of hazardous waste or integrity requirement of this paragraph. (b) If an owner/operator elects to accumulated liquid at the earliest comply with § 265.442(b) instead of practicable time. § 265.442(a), the drip pad must have: (3) A leakage collection system im- (1) A synthetic liner installed below mediately above the liner that is de- the drip pad that is designed, con- signed, constructed, maintained and structed, and installed to prevent leak- operated to collect leakage from the age from the drip pad into the adjacent drip pad such that it can be removed subsurface soil or groundwater or sur- from below the drip pad. The date, face water at any time during the ac- time, and quantity of any leakage col- tive life (including the closure period) lected in this system and removed of the drip pad. The liner must be con- must be documented in the operating structed of materials that will prevent log. waste from being absorbed into the (c) Drip pads must be maintained liner and prevent releases into the ad- such that they remain free of cracks, jacent subsurface soil or ground water gaps, corrosion, or other deterioration or surface water during the active life that could cause hazardous waste to be of the facility. The liner must be: released from the drip pad. (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 liner and resistance to pressure gra- peak discharge from at least a 24-hour, dients above and below the liner to pre- 25-year storm unless the system has vent failure of the liner due to settle- sufficient excess capacity to contain ment, compression or uplift; and any run-on that might enter the sys- (iii) Installed to cover all sur- tem, or the drip pad is protected by a rounding earth that could come in con- structure or cover, as described in tact with the waste or leakage; and (2) A leakage detection system imme- § 265.440(b) of this subpart. diately above the liner that is de- (f) Unless protected by a structure or signed, constructed, maintained and cover, as described in § 265.440(b) of this operated to detect leakage from the subpart, the owner or operator must drip pad. The leakage detection system design, construct, operate and main- must be: tain a run-off management system to (i) Constructed of materials that are: collect and control at least the water (A) Chemically resistant to the waste volume resulting from a 24-hour, 25- managed in the drip pad and the leak- year storm. age that might be generated; and (g) The drip pad must be evaluated to (B) Of sufficient strength and thick- determine that it meets the require- ness to prevent collapse under the pres- ments of paragraphs (a) through (f) of sures exerted by overlaying materials this section and the owner or operator and by any equipment used at the drip must obtain a statement from an inde- pad; and pendent, qualified registered profes- (ii) Designed and operated to func- sional engineer certifying that the drip tion without clogging through the pad design meets the requirements of scheduled closure of the drip pad. this section.
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(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 for accomplishing this work. or operator must document the date (2) The Regional Administrator will and time of each cleaning and the review the information submitted, cleaning procedure used in the facili- make a determination regarding ty’s operating log. whether the pad must be removed from (j) Drip pads must be operated and service completely or partially until maintained in a manner to minimize repairs and clean up are complete, and tracking of hazardous waste or haz- notify the owner or operator of the de- ardous waste constituents off the drip termination and the underlying ration- pad as a result of activities by per- ale in writing. sonnel or equipment. (3) Upon completing all repairs and (k) After being removed from the clean up, the owner or operator must treatment vessel, treated wood from notify the Regional Administrator in pressure and non-pressure processes writing and provide a certification, must be held on the drip pad until signed by an independent qualified, drippage has ceased. The owner or registered professional engineer, that operator must maintain records suffi- the repairs and clean up have been cient to document that all treated completed according to the written wood is held on the pad following plan submitted in accordance with treatment in accordance with this re- paragraph (m)(1)(iv) of this section. quirement. (n) The owner or operator must (l) Collection and holding units asso- maintain, as part of the facility oper- ciated with run-on and run-off control ating log, documentation of past oper- systems must be emptied or otherwise ating and waste handling practices. managed as soon as possible after This must include identification of pre- storms to maintain design capacity of servative formulations used in the the system. past, a description of drippage manage- (m) Throughout the active life of the ment practices, and a description of drip pad, if the owner or operator de- treated wood storage and handling tects a condition that may have caused practices. or has caused a release of hazardous [55 FR 50486, Dec. 6, 1990, as amended at 56 waste, the condition must be repaired FR 30198, July 1, 1991; 57 FR 5861, Feb. 18, within a reasonably prompt period of 1992; 57 FR 61504, Dec. 24, 1992] time following discovery, in accord- ance with the following procedures: § 265.444 Inspections. (1) Upon detection of a condition that (a) During construction or installa- may have caused or has caused a re- tion, liners and cover systems (e.g., lease of hazardous waste (e.g., upon de- membranes, sheets, or coatings) must tection of leakage by the leak detec- be inspected for uniformity, damage, tion system), the owner or operator and imperfections (e.g., holes, cracks, must: thin spots, or foreign materials). Im- (i) Enter a record of the discovery in mediately after construction or instal- the facility operating log; lation, liners must be inspected and
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certified as meeting the requirements complying with paragraph (a) of this of § 265.443 of this subpart by an inde- section and a contingent plan for com- pendent qualified, registered profes- plying with paragraph (b) of this sec- sional engineer. The certification must tion in case not all contaminated sub- be maintained at the facility as part of soils can be practicably removed at the facility operating record. After in- closure; and stallation liners and covers must be in- (ii) Prepare a contingent post-closure spected to ensure tight seams and plan under § 265.118 of this part for com- joints and the absence of tears, punc- plying with paragraph (b) of this sec- tures, or blisters. tion in case not all contaminated sub- (b) While a drip pad is in operation, it soils can be practicably removed at must be inspected weekly and after closure. storms to detect evidence of any of the (2) The cost estimates calculated following: under §§ 265.112 and 265.144 of this part (1) Deterioration, malfunctions or for closure and post-closure care of a improper operation of run-on and run- drip pad subject to this paragraph must off control systems; include the cost of complying with the (2) The presence of leakage in and contingent closure plan and the contin- proper functioning of leakage detection gent post-closure plan, but are not re- system. quired to include the cost of expected (3) Deterioration or cracking of the closure under paragraph (a) of this drip pad surface. section. NOTE: See § 265.443(m) for remedial action required if deterioration or leakage is Subparts X—Z [Reserved] detected.
§ 265.445 Closure. Subpart AA—Air Emission (a) At closure, the owner or operator Standards for Process Vents must remove or decontaminate all waste residues, contaminated contain- SOURCE: 55 FR 25507, June 21, 1990, unless ment system components (pad, liners, otherwise noted. etc.), contaminated subsoils, and struc- tures and equipment contaminated § 265.1030 Applicability. with waste and leakage, and manage (a) The regulations in this subpart them as hazardous waste. apply to owners and operators of facili- (b) If, after removing or decontami- ties that treat, store, or dispose of haz- nating all residues and making all rea- ardous wastes (except as provided in sonable efforts to effect removal or de- § 265.1). contamination of contaminated compo- (b) Except for §§ 265.1034, paragraphs nents, subsoils, structures, and equip- (d) and (e), this subpart applies to proc- ment as required in paragraph (a) of ess vents associated with distillation, this section, the owner or operator fractionation, thin-film evaporation, finds that not all contaminated sub- solvent extraction, or air or steam soils can be practically removed or de- stripping operations that manage haz- contaminated, he must close the facil- ardous wastes with organic concentra- ity and perform post/closure care in ac- tions of at least 10 ppmw, if these oper- cordance with closure and post-closure ations are conducted in one of the fol- care requirements that apply to land- lowing: fills (§ 265.310). For permitted units, the (1) A unit that is subject to the per- requirement to have a permit con- mitting requirements of 40 CFR part tinues throughout the post-closure pe- 270, or riod. (2) A unit (including a hazardous (c)(1) The owner or operator of an ex- waste recycling unit) that is not ex- isting drip pad, as defined in § 265.440 of empt from permitting under the provi- this subpart, that does not comply with sions of 40 CFR 262.34(a) (i.e., a haz- the liner requirements of § 265.443(b)(1) ardous waste recycling unit that is not must: a 90-day tank or container) and that is (i) Include in the closure plan for the located at a hazardous waste manage- drip pad under § 265.112 both a plan for ment facility otherwise subject to the
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permitting requirements of 40 CFR concentrations at least 10 ppmw shall part 270, or either: (3) A unit that is exempt from per- (1) Reduce total organic emissions mitting under the provisions of 40 CFR from all affected process vents at the 262.34(a) (i.e., a ‘‘90-day’’ tank or con- facility below 1.4 kg/h (3 lb/h) and 2.8 tainer) and is not a recycling unit Mg/yr (3.1 tons/yr), or under the requirements of 40 CFR 261.6. (2) Reduce, by use of a control device, NOTE: The requirements of §§ 265.1032 total organic emissions from all af- through 265.1036 apply to process vents on fected process vents at the facility by hazardous waste recycling units previously 95 weight percent. exempt under paragraph 261.6(c)(1). Other ex- (b) If the owner or operator installs a emptions under §§ 261.4, and 265.1(c) are not closed-vent system and control device affected by these requirements.] to comply with the provisions of para- (c) The requirements of this subpart graph (a) of this section, the closed- do not apply to the pharmaceutical vent system and control device must manufacturing facility, commonly re- meet the requirements of § 265.1033. ferred to as the Stonewall Plant, lo- (c) Determinations of vent emissions cated at Route 340 South, Elkton, Vir- and emission reductions or total or- ginia, provided that facility is operated ganic compound concentrations in compliance with the requirements achieved by add-on control devices contained in a Clean Air Act permit may be based on engineering calcula- issued pursuant to 40 CFR 52.2454. The tions or performance tests. If perform- requirements of this subpart shall ance tests are used to determine vent apply to the facility upon termination emissions, emission reductions, or of the Clean Air Act permit issued pur- total organic compound concentrations suant to 40 CFR 52.2454. achieved by add-on control devices, the (d) The requirements of this subpart performance tests must conform with do not apply to the process vents at a the requirements of § 265.1034(c). facility where the facility owner or op- (d) When an owner or operator and erator certifies that all of the process the Regional Administrator do not vents that would otherwise be subject agree on determinations of vent emis- to this subpart are equipped with and sions and/or emission reductions or operating air emission controls in ac- total organic compound concentrations cordance with the process vent require- achieved by add-on control devices ments of an applicable Clean Air Act based on engineering calculations, the regulation codified under 40 CFR part test methods in § 265.1034(c) shall be 60, part 61, or part 63. The documenta- used to resolve the disagreement. tion of compliance under regulations at 40 CFR part 60, part 61, or part 63 shall § 265.1033 Standards: Closed-vent sys- tems and control devices. be kept with, or made readily available with, the facility operating record. (a)(1) Owners or operators of closed- vent systems and control devices used [55 FR 25507, June 21, 1990, as amended at 56 to comply with provisions of this part FR 19290, Apr. 26, 1991; 61 FR 59968, Nov. 25, shall comply with the provisions of 1996; 62 FR 52642, Oct. 8, 1997; 62 FR 64661, this section. Dec. 8, 1997] (2)(i) The owner or operator of an ex- § 265.1031 Definitions. isting facility who cannot install a closed-vent system and control device As used in this subpart, all terms to comply with the provisions of this shall have the meaning given them in subpart on the effective date that the § 264.1031, the Act, and parts 260–266. facility becomes subject to the require- ments of this subpart must prepare an § 265.1032 Standards: Process vents. implementation schedule that includes (a) The owner or operator of a facil- dates by which the closed-vent system ity with process vents associated with and control device will be installed and distillation, fractionation, thin-film in operation. The controls must be in- evaporation, solvent extraction or air stalled as soon as possible, but the im- or steam stripping operations man- plementation schedule may allow up to aging hazardous wastes with organic 30 months after the effective date that
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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 (c) An enclosed combustion device to the requirements of this subpart (e.g., a vapor incinerator, boiler, or when operation begins, must comply process heater) shall be designed and with the rules immediately (i.e., must operated to reduce the organic emis- have control devices installed and op- sions vented to it by 95 weight percent erating on startup of the affected unit); or greater; to achieve a total organic the 30-month implementation schedule compound concentration of 20 ppmv, does not apply. expressed as the sum of the actual (iii) The owner or operator of any fa- compounds, not carbon equivalents, on cility in existence on the effective date a dry basis corrected to 3 percent oxy- of a statutory or EPA regulatory gen; or to provide a minimum resi- amendment that renders the facility dence time of 0.50 seconds at a min- subject to this subpart shall comply imum temperature of 760 °C. If a boiler with all requirements of this subpart or process heater is used as the control as soon as practicable but no later than device, then the vent stream shall be 30 months after the amendment’s effec- introduced into the flame combustion tive date. When control equipment re- zone of the boiler or process heater. quired by this subpart can not be in- (d)(1) A flare shall be designed for and stalled and begin operation by the ef- operated with no visible emissions as fective date of the amendment, the fa- determined by the methods specified in cility owner or operator shall prepare paragraph (e)(1) of this section, except an implementation schedule that in- for periods not to exceed a total of 5 cludes the following information: Spe- minutes during any 2 consecutive cific calendar dates for award of con- hours. tracts or issuance of purchase orders (2) A flare shall be operated with a for the control equipment, initiation of flame present at all times, as deter- on-site installation of the control mined by the methods specified in equipment, completion of the control paragraph (f)(2)(iii) of this section. equipment installation, and perform- (3) A flare shall be used only if the ance of any testing to demonstrate net heating value of the gas being com- that the installed equipment meets the busted is 11.2 MJ/scm (300 Btu/scf) or applicable standards of this subpart. greater, if the flare is steam-assisted or The owner or operator shall enter the air-assisted; or if the net heating value implementation schedule in the oper- of the gas being combusted is 7.45 MJ/ ating record or in a permanent, readily scm (200 Btu/scf) or greater if the flare available file located at the facility. is nonassisted. The net heating value of (iv) Owners and operators of facilities the gas being combusted shall be deter- and units that become newly subject to mined by the methods specified in the requirements of this subpart after paragraph (e)(2) of this section. December 8, 1997, due to an action (4)(i) A steam-assisted or nonassisted other than those described in para- flare shall be designed for and operated graph (a)(2)(iii) of this section must with an exit velocity, as determined by comply with all applicable require- the methods specified in paragraph ments immediately (i.e., must have (e)(3) of this section, of less than 18.3 control devices installed and operating m/s (60 ft/s), except as provided in para- on the date the facility or unit be- graphs (d)(4) (ii) and (iii) of this sec- comes subject to this subpart; the 30- tion. month implementation schedule does (ii) A steam-assisted or nonassisted not apply). flare designed for and operated with an (b) A control device involving vapor exit velocity, as determined by the recovery (e.g., a condenser or adsorber) methods specified in paragraph (e)(3) of shall be designed and operated to re- this section, equal to or greater than cover the organic vapors vented to it 18.3 m/s (60 ft/s) but less than 122 m/s with an efficiency of 95 weight percent (400 ft/s) is allowed if the net heating or greater unless the total organic value of the gas being combusted is emission limits of § 265.1032(a)(1) for all greater than 37.3 MJ/scm (1,000 Btu/scf).
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(iii) A steam-assisted or nonassisted priate, by the unobstructed (free) flare designed for and operated with an cross-sectional area of the flare tip. exit velocity, as determined by the (4) The maximum allowed velocity in methods specified in paragraph (e)(3) of m/s, Vmax, for a flare complying with this section, less than the velocity, paragraph (d)(4)(iii) of this section Vmax, as determined by the method shall be determined by the following specified in paragraph (e)(4) of this sec- equation: tion, and less than 122 m/s (400 ft/s) is Log (V )=(H +28.8)/31.7 allowed. 10 max T where: (5) An air-assisted flare shall be de- 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- 28.8=Constant, termined by the method specified in 31.7=Constant. paragraph (e)(5) of this section. (5) The maximum allowed velocity in (6) A flare used to comply with this m/s, V , for an air-assisted flare shall section shall be steam-assisted, air-as- max be determined by the following sisted, or nonassisted. equation: (e)(1) Reference Method 22 in 40 CFR part 60 shall be used to determine the Vmax = 8.706 + 0.7084 (HT) compliance of a flare with the visible where: emission provisions of this subpart. 8.706 = Constant. The observation period is 2 hours and 0.7084 = Constant. shall be used according to Method 22. HT = The net heating value as determined in paragraph (e)(2) of this section. (2) The net heating value of the gas being combusted in a flare shall be cal- (f) The owner or operator shall mon- culated using the following equation: itor and inspect each control device re- quired to comply with this section to n ensure proper operation and mainte- HKCH= ∑ nance of the control device by imple- Tii menting the following requirements: i=1 (1) Install, calibrate, maintain, and where: operate according to the manufactur- HT=Net heating value of the sample, MJ/scm; er’s specifications a flow indicator that where the net enthalpy per mole of offgas provides a record of vent stream flow ° is based on combustion at 25 C and 760 from each affected process vent to the mm Hg, but the standard temperature for determining the volume cor- control device at least once every hour. responding to 1 mol is 20 °C; The flow indicator sensor shall be in- K=Constant, 1.74×10¥7 (1/ppm) (g mol/scm) stalled in the vent stream at the near- (MJ/kcal) where standard temperature est feasible point to the control device for (g mol/scm) is 20 °C; inlet, but before being combined with Ci=Concentration of sample component i in other vent streams. ppm on a wet basis, as measured for (2) Install, calibrate, maintain, and organics by Reference Method 18 in 40 operate according to the manufactur- CFR part 60 and measured for hydrogen er’s specifications a device to continu- and carbon monoxide by ASTM D 1946–82 (incorporated by reference as specified in ously monitor control device operation § 260.11); and as specified below:
Hi=Net heat of combustion of sample compo- (i) For a thermal vapor incinerator, a nent i, kcal/g mol at 25 °C and 760 mm temperature monitoring device Hg. The heats of combustion may be de- equipped with a continuous recorder. termined using ASTM D 2382–83 (incor- The device shall have an accuracy of ±1 porated by reference as specified in percent of the temperature being mon- § 260.11) if published values are not avail- itored in ° C or ±0.5 ° C, whichever is able or cannot be calculated. greater. The temperature sensor shall (3) The actual exit velocity of a flare be installed at a location in the com- shall be determined by dividing the bustion chamber downstream of the volumetric flow rate (in units of stand- combustion zone. ard temperature and pressure), as de- (ii) For a catalytic vapor incinerator, termined by Reference Methods 2, 2A, a temperature monitoring device 2C, or 2D in 40 CFR part 60 as appro- equipped with a continuous recorder.
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The device shall be capable of moni- compounds in the exhaust vent stream toring temperature at two locations from the carbon bed, or and have an accuracy of ±1 percent of (B) A monitoring device equipped the temperature being monitored in ° C with a continuous recorder to measure or ±0.5 ° C. whichever is greater. One a parameter that indicates the carbon temperature sensor shall be installed bed is regenerated on a regular, pre- in the vent stream at the nearest fea- determined time cycle. sible point to the catalyst bed inlet and (3) Inspect the readings from each a second temperature sensor shall be monitoring device required by para- installed in the vent stream at the graphs (f) (1) and (2) of this section at nearest feasible point to the catalyst least once each operating day to check bed outlet. control device operation and, if nec- (iii) For a flare, a heat sensing moni- essary, immediately implement the toring device equipped with a contin- corrective measures necessary to en- uous recorder that indicates the con- sure the control device operates in tinuous ignition of the pilot flame. compliance with the requirements of (iv) For a boiler or process heater this section. having a design heat input capacity (g) An owner or operator using a car- less than 44 MW, a temperature moni- bon adsorption system such as a fixed- toring device equipped with a contin- bed carbon adsorber that regenerates uous recorder. The device shall have an the carbon bed directly onsite in the accuracy of ±1 percent of the tempera- control device, shall replace the exist- ture being monitored in ° C or ±0.5 ° C, ing carbon in the control device with whichever is greater. The temperature fresh carbon at a regular, prede- sensor shall be installed at a location termined time interval that is no in the furnace downstream of the com- longer than the carbon service life es- bustion zone. tablished as a requirement of § 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 toring device equipped with a contin- carbon bed directly onsite in the con- uous recorder to measure a param- trol device shall replace the existing eter(s) that indicates good combustion carbon in the control device with fresh operating practices are being used. carbon on a regular basis by using one (vi) For a condenser, either: of the following procedures: (A) A monitoring device equipped (1) Monitor the concentration level of with a continuous recorder to measure the organic compounds in the exhaust the concentration level of the organic vent stream from the carbon adsorp- compounds in the exhaust vent stream tion system on a regular schedule and from the condenser; or replace the existing carbon with fresh (B) A temperature monitoring device carbon immediately when carbon equipped with a continuous recorder. breakthrough is indicated. The moni- The device shall be capable of moni- toring frequency shall be daily or at an toring temperature with an accuracy of interval no greater than 20 percent of ±1 percent of the temperature being the time required to consume the total monitored in degrees Celsius ( °C) or carbon working capacity established as ±0.5 °C, whichever is greater. The tem- a requirement of § 265.1035(b)(4)(iii)(G), perature sensor shall be installed at a whichever is longer. location in the exhaust vent stream (2) Replace the existing carbon with from the condenser exit (i.e., product fresh carbon at a regular, predeter- side). mined time interval that is less than (vii) For a carbon adsorption system the design carbon replacement interval such as a fixed-bed carbon adsorber established as a requirement of that regenerates the carbon bed di- § 265.1035(b)(4)(iii)(G). rectly in the control device, either: (i) An owner or operator of an af- (A) A monitoring device equipped fected facility seeking to comply with with a continuous recorder to measure the provisions of this part by using a the concentration level of the organic control device other than a thermal
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vapor incinerator, catalytic vapor in- shall inspect and monitor the closed- cinerator, flare, boiler, process heater, vent system as follows: condenser, or carbon adsorption system (A) Closed-vent system joints, seams, is required to develop documentation or other connections that are perma- including sufficient information to de- nently or semi-permanently sealed scribe the control device operation and (e.g., a welded joint between two sec- identify the process parameter or pa- tions of hard piping or a bolted and rameters that indicate proper oper- gasketed ducting flange) shall be vis- ation and maintenance of the control ually inspected at least once per year device. to check for defects that could result (j) A closed-vent system shall meet in air pollutant emissions. The owner either of the following design require- or operator shall monitor a component ments: or connection using the procedures (1) A closed-vent system shall be de- specified in § 265.1034(b) of this subpart signed to operate with no detectable to demonstrate that it operates with emissions, as indicated by an instru- no detectable emissions following any ment reading of less than 500 ppmv time the component is repaired or re- above background as determined by the placed (e.g., a section of damaged hard procedure in § 265.1034(b) of this sub- piping is replaced with new hard pip- part, and by visual inspections; or ing) or the connection is unsealed (e.g., (2) A closed-vent system shall be de- a flange is unbolted). signed to operate at a pressure below (B) Closed-vent system components atmospheric pressure. The system shall or connections other than those speci- be equipped with at least one pressure fied in paragraph (k)(1)(ii)(A) of this gauge or other pressure measurement section shall be monitored annually device that can be read from a readily and at other times as requested by the accessible location to verify that nega- Regional Administrator, except as pro- tive pressure is being maintained in vided for in paragraph (n) of this sec- the closed-vent system when the con- tion, using the procedures specified in trol device is operating. § 265.1034(b) of this subpart to dem- (k) The owner or operator shall mon- onstrate that the components or con- itor and inspect each closed-vent sys- nections operate with no detectable tem required to comply with this sec- emissions. tion to ensure proper operation and (iii) In the event that a defect or leak maintenance of the closed-vent system is detected, the owner or operator shall by implementing the following require- repair the defect or leak in accordance ments: with the requirements of paragraph (1) Each closed-vent system that is (k)(3) of this section. used to comply with paragraph (j)(1) of (iv) The owner or operator shall this section shall be inspected and maintain a record of the inspection and monitored in accordance with the fol- monitoring in accordance with the re- lowing requirements: quirements specified in § 265.1035 of this (i) An initial leak detection moni- subpart. toring of the closed-vent system shall (2) Each closed-vent system that is be conducted by the owner or operator used to comply with paragraph (j)(2) of on or before the date that the system this section shall be inspected and becomes subject to this section. The monitored in accordance with the fol- owner or operator shall monitor the lowing requirements: closed-vent system components and (i) The closed-vent system shall be connections using the procedures speci- visually inspected by the owner or op- fied in § 265.1034(b) of this subpart to erator to check for defects that could demonstrate that the closed-vent sys- result in air pollutant emissions. De- tem operates with no detectable emis- fects include, but are not limited to, sions, as indicated by an instrument visible cracks, holes, or gaps in duct- reading of less than 500 ppmv above work or piping or loose connections. background. (ii) The owner or operator shall per- (ii) After initial leak detection moni- form an initial inspection of the toring required in paragraph (k)(1)(i) of closed-vent system on or before the this section, the owner or operator date that the system becomes subject
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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 subpart. erating air emission controls in accord- (3) The owner or operator shall repair ance with a national emission standard all detected defects as follows: for hazardous air pollutants under 40 (i) Detectable emissions, as indicated CFR part 61 or 40 CFR part 63. by visual inspection, or by an instru- (2) Incinerated in a hazardous waste ment reading greater than 500 ppmv incinerator for which the owner or op- above background, shall be controlled erator either: as soon as practicable, but not later (i) Has been issued a final permit than 15 calendar days after the emis- under 40 CFR part 270 which imple- sion is detected, except as provided for ments the requirements of 40 CFR part in paragraph (k)(3)(iii) of this section. 264, subpart O; or (ii) A first attempt at repair shall be (ii) Has designed and operates the in- made no later than 5 calendar days cinerator in accordance with the in- after the emission is detected. terim status requirements of subpart O (iii) Delay of repair of a closed-vent of this part. system for which leaks have been de- (3) Burned in a boiler or industrial tected is allowed if the repair is tech- furnace for which the owner or oper- nically infeasible without a process ator either: unit shutdown, or if the owner or oper- ator determines that emissions result- (i) Has been issued a final permit ing from immediate repair would be under 40 CFR part 270 which imple- greater than the fugitive emissions ments the requirements of 40 CFR part likely to result from delay of repair. 266, subpart H; or Repair of such equipment shall be com- (ii) Has designed and operates the pleted by the end of the next process boiler or industrial furnace in accord- unit shutdown. ance with the interim status require- (iv) The owner or operator shall ments of 40 CFR part 266, subpart H. maintain a record of the defect repair (n) Any components of a closed-vent in accordance with the requirements system that are designated, as de- specified in § 265.1035 of this subpart. scribed in § 265.1035(c)(9) of this subpart, (l) Closed-vent systems and control as unsafe to monitor are exempt from devices used to comply with provisions the requirements of paragraph of this subpart shall be operated at all (k)(1)(ii)(B) of this section if: times when emissions may be vented to (1) The owner or operator of the them. closed-vent system determines that the (m) The owner or operator using a components of the closed-vent system carbon adsorption system to control are unsafe to monitor because moni- air pollutant emissions shall document toring personnel would be exposed to that all carbon that is a hazardous waste and that is removed from the an immediate danger as a consequence control device is managed in one of the of complying with paragraph following manners, regardless of the (k)(1)(ii)(B) of this section; and average volatile organic concentration (2) The owner or operator of the of the carbon: closed-vent system adheres to a writ- (1) Regenerated or reactivated in a ten plan that requires monitoring the thermal treatment unit that meets one closed-vent system components using of the following: the procedure specified in paragraph
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(k)(1)(ii)(B) of this section as fre- with the following reference methods quently as practicable during safe-to- and calculation procedures: monitor times. (i) Method 2 in 40 CFR part 60 for ve- locity and volumetric flow rate. [59 FR 62935, Dec. 6, 1994, as amended at 61 FR 4913, Feb. 9, 1996; 61 FR 59969, Nov. 25, (ii) Method 18 in 40 CFR part 60 for 1996; 62 FR 64661, Dec. 8, 1997] organic content. (iii) Each performance test shall con- § 265.1034 Test methods and proce- sist of three separate runs; each run dures. conducted for at least 1 hour under the (a) Each owner or operator subject to conditions that exist when the haz- the provisions of this subpart shall ardous waste management unit is oper- comply with the test methods and pro- ating at the highest load or capacity cedures requirements provided in this level reasonably expected to occur. For section. the purpose of determining total or- (b) When a closed-vent system is test- ganic compound concentrations and ed for compliance with no detectable mass flow rates, the average of results emissions, as required in § 265.1033(k) of of all runs shall apply. The average this subpart, the test shall comply shall be computed on a time-weighted with the following requirements: basis. (iv) Total organic mass flow rates (1) Monitoring shall comply with Ref- shall be determined by the following erence Method 21 in 40 CFR part 60. equation: (2) The detection instrument shall meet the performance criteria of Ref- n erence Method 21. = −6 (3) The instrument shall be cali- EQhsdii∑ CMW[.0 0416 ][ 10 ] brated before use on each day of its use i=1 by the procedures specified in Ref- where: erence Method 21. Eh=Total organic mass flow rate, kg/h; (4) Calibration gases shall be: Qsd=Volumetric flow rate of gases entering or (i) Zero air (less than 10 ppm of hy- exiting control device, as determined by Method 2, dscm/h; drocarbon in air). n=Number of organic compounds in the vent (ii) A mixture of methane or n- gas; hexane and air at a concentration of Ci=Organic concentration in ppm, dry basis, approximately, but less than, 10,000 of compound i in the vent gas, as deter- ppm methane or n-hexane. mined by Method 18; (5) The background level shall be de- MWi=Molecular weight of organic compound termined as set forth in Reference i in the vent gas, kg/kg-mol; 0.0416=Conversion factor for molar volume, Method 21. kg-mol/m3 (@ 293 K and 760 mm Hg); (6) The instrument probe shall be tra- 10¥6=Conversion from ppm, ppm¥1. versed around all potential leak inter- faces as close to the interface as (v) The annual total organic emission possible as described in Reference rate shall be determined by the fol- Method 21. lowing equation:
(7) The arithmetic difference between EA=(Eh) (H) the maximum concentration indicated where:
by the instrument and the background EA=Total organic mass emission rate, kg/y; level is compared with 500 ppm for de- Eh=Total organic mass flow rate for the proc- termining compliance. ess vent, kg/h; (c) Performance tests to determine H=Total annual hours of operations for the compliance with § 265.1032(a) and with affected unit, h. the total organic compound concentra- (vi) Total organic emissions from all tion limit of § 265.1033(c) shall comply affected process vents at the facility with the following: shall be determined by summing the (1) Performance tests to determine hourly total organic mass emission total organic compound concentrations rates (Eh, as determined in paragraph and mass flow rates entering and (c)(1)(iv) of this section) and by sum- exiting control devices shall be con- ming the annual total organic mass ducted and data reduced in accordance emission rates (EA, as determined in 531
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paragraph (c)(1)(v) of this section) for ditions expected to cause the max- all affected process vents at the imum waste organic concentration. facility. (ii) For waste generated onsite, the (2) The owner or operator shall grab samples must be collected at a record such process information as point before the waste is exposed to the may be necessary to determine the atmosphere such as in an enclosed pipe conditions of the performance tests. or other closed system that is used to Operations during periods of startup, transfer the waste after generation to shutdown, and malfunction shall not the first affected distillation fraction- constitute representative conditions ation, thin-film evaporation, solvent for the purpose of a performance test. extraction, or air or steam stripping (3) The owner or operator of an af- operation. For waste generated offsite, fected facility shall provide, or cause the grab samples must be collected at to be provided, performance testing fa- the inlet to the first waste manage- cilities as follows: ment unit that receives the waste pro- (i) Sampling ports adequate for the vided the waste has been transferred to test methods specified in paragraph the facility in a closed system such as (c)(1) of this section. a tank truck and the waste is not di- (ii) Safe sampling platform(s). luted or mixed with other waste. (iii) Safe access to sampling plat- (iii) Each sample shall be analyzed form(s). and the total organic concentration of (iv) Utilities for sampling and testing the sample shall be computed using equipment. Method 9060 or 8260 of SW–846 (incor- (4) For the purpose of making compli- porated by reference under § 260.11). ance determinations, the time-weight- (iv) The arithmetic mean of the re- ed average of the results of the three sults of the analyses of the four sam- runs shall apply. In the event that a ples shall apply for each waste stream sample is accidentally lost or condi- managed in the unit in determining the tions occur in which one of the three time-weighted, annual average total runs must be discontinued because of organic concentration of the waste. forced shutdown, failure of an irre- The time-weighted average is to be cal- placeable portion of the sample train, culated using the annual quantity of extreme meteorological conditions, or each waste stream processed and the other circumstances beyond the owner mean organic concentration of each or operator’s control, compliance may, upon the Regional Administrator’s ap- waste stream managed in the unit. proval, be determined using the aver- (2) Using knowledge of the waste to age of the results of the two other runs. determine that its total organic con- (d) To show that a process vent asso- centration is less than 10 ppmw. Docu- ciated with a hazardous waste distilla- mentation of the waste determination tion, fractionation, thin-film evapo- is required. Examples of documenta- ration, solvent extraction, or air or tion that shall be used to support a de- steam stripping operation is not sub- termination under this provision in- ject to the requirements of this sub- clude production process information part, the owner or operator must make documenting that no organic com- an initial determination that the time- pounds are used, information that the weighted, annual average total organic waste is generated by a process that is concentration of the waste managed by identical to a process at the same or the waste management unit is less another facility that has previously than 10 ppmw using one of the fol- been demonstrated by direct measure- lowing two methods: ment to generate a waste stream hav- (1) Direct measurement of the or- ing a total organic content less than 10 ganic concentration of the waste using ppmw, or prior speciation analysis re- the following procedures: sults on the same waste stream where (i) The owner or operator must take it can also be documented that no proc- a minimum of four grab samples of ess changes have occurred since that waste for each waste stream managed analysis that could affect the waste in the affected unit under process con- total organic concentration.
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(e) The determination that distilla- in operation. The schedule must also tion fractionation, thin-film evapo- include a rationale of why the installa- ration, solvent extraction, or air or tion cannot be completed at an earlier steam stripping operations manage date. The implementation schedule hazardous wastes with time-weighted must be in the facility operating record annual average total organic con- by the effective date that the facility centrations less than 10 ppmw shall be becomes subject to the provisions of made as follows: this subpart. (1) By the effective date that the fa- (2) Up-to-date documentation of com- cility becomes subject to the provi- pliance with the process vent standards sions of this subpart or by the date in § 265.1032. including: when the waste is first managed in a (i) Information and data identifying waste management unit, whichever is all affected process vents, annual later; and throughput end operating hours of each (2) For continuously generated waste, affected unit, estimated emission rates annually; or for each affected vent and for the over- (3) Whenever there is a change in the all facility (i.e., the total emissions for waste being managed or a change in all affected vents at the facility), and the process that generates or treats the the approximate location within the fa- waste. cility of each affected unit (e.g., iden- (f) When an owner or operator and tify the hazardous waste management the Regional Administrator do not units on a facility plot plan); and agree on whether a distillation, frac- tionation, thin-film evaporation, sol- (ii) Information and data supporting vent extraction, or air or steam strip- determinations of vent emissions and ping operation manages a hazardous emission reductions achieved by add-on waste with organic concentrations of control devices based on engineering at least 10 ppmw based on knowledge of calculations or source tests. For the the waste, the procedures in Method purpose of determining compliance, de- 8260 of SW–846 (incorporated by ref- terminations of vent emissions and erence under § 260.11) may be used to re- emission reductions must be made solve the dispute. using operating parameter values (e.g., temperatures, flow rates or vent [55 FR 25507, June 21, 1990, as amended at 56 stream organic compounds and con- FR 19290, Apr. 26, 1991; 61 FR 59970, Nov. 25, centrations) that represent the condi- 1996; 62 FR 32463, June 13, 1997] tions that result in maximum organic § 265.1035 Recordkeeping require- emissions, such as when the waste ments. management unit is operating at the (a)(1) Each owner or operator subject highest load or capacity level reason- to the provisions of this subpart shall ably expected to occur. If the owner or comply with the recordkeeping re- operator takes any action (e.g., man- quirements of this section. aging a waste of different composition (2) An owner or operator of more or increasing operating hours of af- than one hazardous waste management fected waste management units) that unit subject to the provisions of this would result in an increase in total or- subpart may comply with the record- ganic emissions from affected process keeping requirements for these haz- vents at the facility, then a new deter- ardous waste management units in one mination is required. recordkeeping system if the system (3) Where an owner or operator identifies each record by each haz- chooses to use test data to determine ardous waste management unit. the organic removal efficiency or total (b) Owners and operators must record organic compound concentration the following information in the facil- achieved by the control device, a per- ity operating record: formance test plan. The test plan must (1) For facilities that comply with include: the provisions of § 265.1033(a)(2), an im- (i) A description of how it is deter- plementation schedule that includes mined that the planned test is going to dates by which the closed-vent system be conducted when the hazardous waste and control device will be installed and management unit is operating at the
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highest load or capacity level reason- design minimum and average tempera- ably expected to occur. This shall ture in the combustion zone and the include the estimated or design flow combustion zone residence time. rate and organic content of each vent (B) For a catalytic vapor incinerator, stream and define the acceptable oper- the design analysis shall consider the ating ranges of key process and control vent stream composition, constituent device parameters during the test concentrations, and flow rate. The de- program. sign analysis shall also establish the (ii) A detailed engineering descrip- design minimum and average tempera- tion of the closed-vent system and con- tures across the catalyst bed inlet and trol device including: outlet. (A) Manufacturer’s name and model (C) For a boiler or process heater, the number of control device. design analysis shall consider the vent (B) Type of control device. stream composition, constituent con- (C) Dimensions of the control device. centrations, and flow rate. The design (D) Capacity. analysis shall also establish the design (E) Construction materials. minimum and average flame zone tem- (iii) A detailed description of sam- peratures, combustion zone residence pling and monitoring procedures, in- time, and description of method and lo- cluding sampling and monitoring loca- cation where the vent stream is intro- tions in the system, the equipment to duced into the combustion zone. be used, sampling and monitoring fre- (D) For a flare, the design analysis quency, and planned analytical proce- shall consider the vent stream com- dures for sample analysis. position, constituent concentrations, (4) Documentation of compliance and flow rate. The design analysis shall with § 265.1033 shall include the fol- also consider the requirements speci- lowing information: fied in § 265.1033(d). (i) A list of all information references (E) For a condenser, the design anal- and sources used in preparing the docu- ysis shall consider the vent stream mentation. composition, constituent concentra- (ii) Records, including the dates, of tions, flow rate, relative humidity, and each compliance test required by temperature. The design analysis shall § 265.1033(j). also establish the design outlet organic (iii) If engineering calculations are compound concentration level, design used, a design analysis, specifications, average temperature of the condenser drawings, schematics, and piping and exhaust vent stream, and design aver- instrumentation diagrams based on the age temperatures of the coolant fluid appropriate sections of ‘‘APTI Course at the condenser inlet and outlet. 415: Control of Gaseous Emissions’’ (in- (F) For a carbon adsorption system corporated by reference as specified in such as a fixed-bed adsorber that regen- § 260.11) or other engineering texts ac- erates the carbon bed directly onsite in ceptable to the Regional Administrator the control device, the design analysis that present basic control device de- shall consider the vent stream com- sign information. Documentation pro- position, constituent concentrations, vided by the control device manufac- flow rate, relative humidity, and tem- turer or vendor that describes the con- perature. The design analysis shall also trol device design in accordance with establish the design exhaust vent paragraphs (b)(4)(iii)(A) through stream organic compound concentra- (b)(4)(iii)(G) of this section may be used tion level, number and capacity of car- to comply with this requirement. The bon beds, type and working capacity of design analysis shall address the vent activated carbon used for carbon beds, stream characteristics and control de- design total steam flow over the period vice operation parameters as specified of each complete carbon bed regenera- below. tion cycle, duration of the carbon bed (A) For a thermal vapor incinerator, steaming and cooling/drying cycles, de- the design analysis shall consider the sign carbon bed temperature after re- vent stream composition, constituent generation, design carbon bed regen- concentrations, and flow rate. The de- eration time, and design service life of sign analysis shall also establish the carbon.
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(G) For a carbon adsorption system (2) Identification of operating param- such as a carbon canister that does not eter, description of monitoring device, regenerate the carbon bed directly on- and diagram of monitoring sensor loca- site in the control device, the design tion or locations used to comply with analysis shall consider the vent stream § 265.1033(f)(1) and (f)(2). composition, constituent concentra- (3) Monitoring, operating and inspec- tions, flow rate, relative humidity, and tion information required by para- temperature. The design analysis shall graphs (f) through (k) of § 265.1033 of also establish the design outlet organic this subpart. concentration level, capacity of carbon (4) Date, time, and duration of each bed, type and working capacity of acti- period that occurs while the control de- vated carbon used for carbon bed, and vice is operating when any monitored design carbon replacement interval parameter exceeds the value estab- based on the total carbon working ca- lished in the control device design pacity of the control device and source analysis as specified below: operating schedule. (i) For a thermal vapor incinerator (iv) A statement signed and dated by designed to operate with a minimum the owner or operator certifying that residence time of 0.50 seconds at a min- the operating parameters used in the imum temperature of 760 °C. period design analysis reasonably represent when the combustion temperature is the conditions that exist when the haz- below 760 °C. ardous waste management unit is or (ii) For a thermal vapor incinerator would be operating at the highest load designed to operate with an organic or capacity level reasonably expected emission reduction efficiency of 95 per- to occur. cent or greater, period when the com- bustion zone temperature is more than (v) A statement signed and dated by ° the owner or operator certifying that 28 C below the design average combus- tion zone temperature established as a the control device is designed to oper- requirement of paragraph (b)(4)(iii)(A) ate at an efficiency of 95 percent or of this section. greater unless the total organic con- (iii) For a catalytic vapor inciner- centration limit of § 265.1032(a) is ator, period when: achieved at an efficiency less than 95 (A) Temperature of the vent stream weight percent or the total organic at the catalyst bed inlet is more than emission limits of § 265.1032(a) for af- 28 °C below the average temperature of fected process vents at the facility can the inlet vent stream established as a be attained by a control device involv- requirement of paragraph (b)(4)(iii)(B) ing vapor recovery at an efficiency less of this section; or than 95 weight percent. A statement (B) Temperature difference across provided by the control device manu- the catalyst bed is less than 80 percent facturer or vendor certifying that the of the design average temperature dif- control equipment meets the design ference established as a requirement of specifications may be used to comply paragraph (b)(4)(iii)(B) of this section. with this requirement. (iv) For a boiler or process heater, pe- (vi) If performance tests are used to riod when: demonstrate compliance, all test (A) Flame zone temperature is more results. than 28 °C below the design average (c) Design documentation and moni- flame zone temperature established as toring, operating, and inspection infor- a requirement of paragraph mation for each closed-vent system and (b)(4)(iii)(C) of this section; or control device required to comply with (B) Position changes where the vent the provisions of this part shall be re- stream is introduced to the combustion corded and kept up-to-date in the facil- zone from the location established as a ity operating record. The information requirement of paragraph (b)(4)(iii)(C) shall include: of this section. (1) Description and date of each (v) For a flare, period when the pilot modification that is made to the flame is not ignited. closed-vent system or control device (vi) For a condenser that complies design. with § 265.1033(f)(2)(vi)(A), period when
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the organic compound concentration control device is replaced with fresh level or readings of organic compounds carbon. in the exhaust vent stream from the (7) For carbon adsorption systems op- condenser are more than 20 percent erated subject to requirements speci- greater than the design outlet organic fied in § 265.1033(h)(1), a log that compound concentration level estab- records: lished as a requirement of paragraph (i) Date and time when control device (b)(4)(iii)(E) of this section. is monitored for carbon breakthrough (vii) For a condenser that complies and the monitoring device reading. with § 265.1033(f)(2)(vi)(B), period when: (ii) Date when existing carbon in the (A) Temperature of the exhaust vent control device is replaced with fresh stream from the condenser is more carbon. than 6 °C above the design average ex- (8) Date of each control device start- haust vent stream temperature estab- up and shutdown. lished as a requirement of paragraph (9) An owner or operator designating (b)(4)(iii)(E) of this section; or any components of a closed-vent sys- (B) Temperature of the coolant fluid tem as unsafe to monitor pursuant to exiting the condenser is more than 6 °C § 265.1033(n) of this subpart shall record above the design average coolant fluid in a log that is kept in the facility op- temperature at the condenser outlet erating record the identification of closed-vent system components that established as a requirement of para- are designated as unsafe to monitor in graph (b)(4)(iii)(E) of this section. accordance with the requirements of (viii) For a carbon adsorption system § 265.1033(n) of this subpart, an expla- such as a fixed-bed carbon adsorber nation for each closed-vent system that regenerates the carbon bed di- component stating why the closed-vent rectly onsite in the control device and system component is unsafe to mon- complies with § 265.1033(f)(2)(vii)(A), pe- itor, and the plan for monitoring each riod when the organic compound con- closed-vent system component. centration level or readings of organic (10) When each leak is detected as compounds in the exhaust vent stream specified in § 265.1033(k) of this subpart, from the carbon bed are more than 20 the following information shall be re- percent greater than the design ex- corded: haust vent stream organic compound (i) The instrument identification concentration level established as a re- number, the closed-vent system compo- quirement of paragraph (b)(4)(iii)(F) of nent identification number, and the op- this section. erator name, initials, or identification (ix) For a carbon adsorption system number. such as a fixed-bed carbon adsorber (ii) The date the leak was detected that regenerates the carbon bed di- and the date of first attempt to repair rectly onsite in the control device and the leak. complies with § 265.1033(f)(2)(vii)(B), pe- (iii) The date of successful repair of riod when the vent stream continues to the leak. flow through the control device beyond (iv) Maximum instrument reading the predetermined carbon bed regen- measured by Method 21 of 40 CFR part eration time established as a require- 60, appendix A after it is successfully ment of paragraph (b)(4)(iii)(F) of this repaired or determined to be nonrepair- section. able. (5) Explanation for each period re- (v) ‘‘Repair delayed’’ and the reason corded under paragraph (c)(4) of this for the delay if a leak is not repaired section of the cause for control device within 15 calendar days after discovery operating parameter exceeding the de- of the leak. sign value and the measures imple- (A) The owner or operator may de- mented to correct the control device velop a written procedure that identi- operation. fies the conditions that justify a delay (6) For carbon adsorption systems op- of repair. In such cases, reasons for erated subject to requirements speci- delay of repair may be documented by fied in § 265.1033(g) or § 265.1033(h)(2), citing the relevant sections of the writ- date when existing carbon in the ten procedure.
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(B) If delay of repair was caused by (1) A unit that is subject to the per- depletion of stocked parts, there must mitting requirements of 40 CFR part be documentation that the spare parts 270, or were sufficiently stocked on-site before (2) A unit (including a hazardous depletion and the reason for depletion. waste recycling unit) that is not ex- (d) Records of the monitoring, oper- empt from permitting under the provi- ating, and inspection information re- sions of 40 CFR 262.34(a) (i.e., a haz- quired by paragraphs (c)(3) through ardous waste recycling unit that is not (c)(10) of this section shall be main- a 90-day tank or container) and that is tained by the owner or operator for at located at a hazardous waste manage- least 3 years following the date of each ment facility otherwise subject to the occurrence, measurement, mainte- permitting requirements of 40 CFR nance, corrective action, or record. part 270, or (3) A unit that is exempt from per- (e) For a control device other than a mitting under the provisions of 40 CFR thermal vapor incinerator, catalytic 262.34(a) (i.e., a ‘‘90-day’’ tank or con- vapor incinerator, flare, boiler, process tainer) and is not a recycling unit heater, condenser, or carbon adsorption under the provisions of 40 CFR 261.6. system, monitoring and inspection in- (c) Each piece of equipment to which formation indicating proper operation this subpart applies shall be marked in and maintenance of the control device such a manner that it can be distin- must be recorded in the facility oper- guished readily from other pieces of ating record. equipment. (f) Up-to-date information and data (d) Equipment that is in vacuum used to determine whether or not a service is excluded from the require- process vent is subject to the require- ments of § 265.1052 to § 265.1060 if it is ments in § 265.1032 including supporting identified as required in § 265.1064(g)(5). documentation as required by (e) Equipment that contains or con- § 265.1034(d)(2) when application of the tacts hazardous waste with an organic knowledge of the nature of the haz- concentration of at least 10 percent by ardous waste stream or the process by weight for less than 300 hours per cal- which it was produced is used, shall be endar year is excluded from the re- recorded in a log that is kept in the fa- quirements of §§ 265.1052 through cility operating record. 265.1060 of this subpart if it is identi- fied, as required in § 265.1064(g)(6) of [55 FR 25507, June 21, 1990, as amended at 56 FR 19290, Apr. 26, 1991; 61 FR 59970, Nov. 25, this subpart. 1996] (f) The requirements of this subpart do not apply to the pharmaceutical §§ 265.1036—265.1049 [Reserved] manufacturing facility, commonly re- ferred to as the Stonewall Plant, lo- Subpart BB—Air Emission cated at Route 340 South, Elkton, Vir- ginia, provided that facility is operated Standards for Equipment Leaks in compliance with the requirements contained in a Clean Air Act permit SOURCE: 55 FR 25512, June 21, 1990, unless issued pursuant to 40 CFR 52.2454. The otherwise noted. requirements of this subpart shall apply to the facility upon termination § 265.1050 Applicability. of the Clean Air Act permit issued pur- (a) The regulations in this subpart suant to 40 CFR 52.2454. apply to owners and operators of facili- [NOTE: The requirements of §§ 265.1052 ties that treat, store, or dispose of haz- through 265.1064 apply to equipment associ- ardous wastes (except as provided in ated with hazardous waste recycling units § 265.1). previously exempt under paragraph (b) Except as provided in § 265.1064(k), 261.6(c)(1). Other exemptions under §§ 261.4 this subpart applies to equipment that and 265.1(c) are not affected by these require- ments.] contains or contacts hazardous wastes with organic concentrations of at least [55 FR 25512, June 21, 1990, as amended at 61 10 percent by weight that are managed FR 59970, Nov. 25, 1996; 62 FR 52642, Oct. 8, in one of the following: 1997; 62 FR 64661, Dec. 8, 1997]
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§ 265.1051 Definitions. (4) Each pump must be checked by visual inspection, each calendar week, As used in this subpart, all terms for indications of liquids dripping from shall have the meaning given them in the pump seals. § 264.1031, the Act, and parts 260–266. (5)(i) Each sensor as described in § 265.1052 Standards: Pumps in light paragraph (d)(3) of this section must be liquid service. checked daily or be equipped with an (a)(1) Each pump in light liquid serv- audible alarm that must be checked ice shall be monitored monthly to de- monthly to ensure that it is func- tect leaks by the methods specified in tioning properly. § 265.1063(b), except as provided in para- (ii) The owner or operator must de- graphs (d), (e), and (f) of this section. termine, based on design consider- (2) Each pump in light liquid service ations and operating experience, a cri- shall be checked by visual inspection terion that indicates failure of the seal each calendar week for indications of system, the barrier fluid system, or liquids dripping from the pump seal. both. (b)(1) If an instrument reading of (6)(i) If there are indications of liq- 10,000 ppm or greater is measured, a uids dripping from the pump seal or the leak is detected. sensor indicates failure of the seal sys- (2) If there are indications of liquids tem, the barrier fluid system, or both dripping from the pump seal, a leak is based on the criterion determined in detected. paragraph (d)(5)(ii) of this section, a (c)(1) When a leak is detected, it shall leak is detected. be repaired as soon as practicable, but (ii) When a leak is detected, it shall not later than 15 calendar days after it be repaired as soon as practicable, but is detected, except as provided in not later than 15 calendar days after it § 265.1059. is detected, except as provided in (2) A first attempt at repair (e.g., § 265.1059. tightening the packing gland) shall be (iii) A first attempt at repair (e.g., made no later than 5 calendar days relapping the seal) shall be made no after each leak is detected. later than 5 calendar days after each (d) Each pump equipped with a dual leak is detected. mechanical seal system that includes a (e) Any pump that is designated, as barrier fluid system is exempt from the described in § 265.1064(g)(2), for no de- requirements of paragraph (a), provided tectable emissions, as indicated by an the following requirements are met: instrument reading of less than 500 (1) Each dual mechanical seal system ppm above background, is exempt from must be: the requirements of paragraphs (a), (c), (i) Operated with the barrier fluid at and (d) of this section if the pump a pressure that is at all times greater meets the following requirements: than the pump stuffing box pressure, or (1) Must have no externally actuated (ii) Equipped with a barrier fluid shaft penetrating the pump housing. degassing reservoir that is connected (2) Must operate with no detectable by a closed-vent system to a control emissions as indicated by an instru- device that complies with the require- ment reading of less than 500 ppm ments of § 265.1060, or above background as measured by the (iii) Equipped with a system that methods specified in § 265.1063(c). purges the barrier fluid into a haz- (3) Must be tested for compliance ardous waste stream with no detect- with paragraph (e)(2) of this section able emissions to the atmosphere. initially upon designation, annually, (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
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the requirements of paragraphs (a) (g)(1) When a leak is detected, it through (e) of this section. shall be repaired as soon as practicable, but not later than 15 calendar days [55 FR 25512, June 21, 1990, as amended at 56 FR 19290, Apr. 26, 1991] after it is detected, except as provided in § 265.1059. § 265.1053 Standards: Compressors. (2) A first attempt at repair (e.g., tightening the packing gland) shall be (a) Each compressor shall be made no later than 5 calendar days equipped with a seal system that in- cludes a barrier fluid system and that after each leak is detected. prevents leakage of total organic emis- (h) A compressor is exempt from the sions to the atmosphere, except as pro- requirements of paragraphs (a) and (b) vided in paragraphs (h) and (i) of this of this section if it is equipped with a section. closed-vent system capable of cap- (b) Each compressor seal system as turing and transporting any leakage required in paragraph (a) of this sec- from the seal to a control device that tion shall be: complies with the requirements of (1) Operated with the barrier fluid at § 265.1060, except as provided in para- a pressure that is at all times greater graph (i) of this section. than the compressor stuffing box pres- (i) Any compressor that is des- sure, or ignated, as described in § 265.1064(g)(2), (2) Equipped with a barrier fluid sys- for no detectable emission as indicated tem that is connected by a closed-vent by an instrument reading of less than system to a control device that com- 500 ppm above background is exempt plies with the requirements of from the requirements of paragraphs § 265.1060, or (a) through (h) of this section if the (3) Equipped with a system that compressor: purges the barrier fluid into a haz- (1) Is determined to be operating with ardous waste stream with no detect- no detectable emissions, as indicated able emissions to atmosphere. by an instrument reading of less than (c) The barrier fluid must not be a 500 ppm above background, as meas- hazardous waste with organic con- ured by the method specified in centrations 10 percent or greater by § 265.1063(c). weight. (2) Is tested for compliance with (d) Each barrier fluid system as de- paragraph (i)(1) of this section initially scribed in paragraphs (a) through (c) of upon designation, annually, and at this section shall be equipped with a other times as requested by the Re- sensor that will detect failure of the gional Administrator. seal system, barrier fluid system, or both. § 265.1054 Standards: Pressure relief devices in gas/vapor service. (e)(1) Each sensor as required in para- graph (d) of this section shall be (a) Except during pressure releases, checked daily or shall be equipped with each pressure relief device in gas/vapor an audible alarm that must be checked service shall be operated with no de- monthly to ensure that it is func- tectable emissions, as indicated by an tioning properly unless the compressor instrument reading of less than 500 is located within the boundary of an ppm above background, as measured by unmanned plant site, in which case the the method specified in § 265.1063(c). sensor must be checked daily. (b)(1) After each pressure release, the (2) The owner or operator shall deter- pressure relief device shall be returned mine, based on design considerations to a condition of no detectable emis- and operating experience, a criterion sions, as indicated by an instrument that indicates failure of the seal sys- reading of less than 500 ppm above tem, the barrier fluid system or both. background, as soon as practicable, but (f) If the sensor indicates failure of no later than 5 calendar days after the seal system, the barrier fluid sys- each pressure release, except as pro- tem, or both based on the criterion de- vided in § 265.1059. termined under paragraph (e)(2) of this (2) No later than 5 calendar days section, a leak is detected. after the pressure release, the pressure
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relief device shall be monitored to con- operated in a manner such that the firm the condition of no detectable valve on the hazardous waste stream emissions, as indicated by an instru- end is closed before the second valve is ment reading of less than 500 ppm closed. above background, as measured by the (c) When a double block and bleed method specified in § 265.1063(c). system is being used, the bleed valve or (c) Any pressure relief device that is line may remain open during oper- equipped with a closed-vent system ca- ations that require venting the line be- pable of capturing and transporting tween the block valves but shall com- leakage from the pressure relief device ply with paragraph (a) of this section to a control device as described in at all other times. § 265.1060 is exempt from the require- ments of paragraphs (a) and (b) of this § 265.1057 Standards: Valves in gas/ section. vapor service or in light liquid serv- ice. § 265.1055 Standards: Sampling con- (a) Each valve in gas/vapor or light nection systems. liquid service shall be monitored (a) Each sampling connection system monthly to detect leaks by the meth- shall be equipped with a closed-purge, ods specified in § 265.1063(b) and shall closed-loop, or closed-vent system. comply with paragraphs (b) through (e) This system shall collect the sample of this section, except as provided in purge for return to the process or for paragraphs (f), (g), and (h) of this sec- routing to the appropriate treatment tion’ and §§ 265.1061 and 265.1062. system. Gases displaced during filling (b) If an instrument reading of 10,000 of the sample container are not re- ppm or greater is measured, a leak is quired to be collected or captured. detected. (b) Each closed-purge, closed-loop, or (c)(1) Any valve for which a leak is closed-vent system as required in para- not detected for two successive months graph (a) of this section shall: may be monitored the first month of (1) Return the purged process fluid every succeeding quarter, beginning directly to the process line; or with the next quarter, until a leak is (2) Collect and recycle the purged detected. process fluid; or (2) If a leak is detected, the valve (3) Be designed and operated to cap- shall be monitored monthly until a ture and transport all the purged proc- leak is not detected for 2 successive ess fluid to a waste management unit months. that complies with the applicable re- (d)(1) When a leak is detected, it quirements of § 265.1085 through shall be repaired as soon as practicable, § 265.1087 of this subpart or a control de- but no later than 15 calendar days after vice that complies with the require- the leak is detected, except as provided ments of § 265.1060 of this subpart. in § 265.1059. (c) In-situ sampling systems and sam- (2) A first attempt at repair shall be pling systems without purges are ex- made no later than 5 calendar days empt from the requirements of para- after each leak is detected. graphs (a) and (b) of this section. (e) First attempts at repair include, [61 FR 59971, Nov. 25, 1996] but are not limited to, the following best practices where practicable: § 265.1056 Standards: Open-ended (1) Tightening of bonnet bolts. valves or lines. (2) Replacement of bonnet bolts. (a)(1) Each open-ended valve or line (3) Tightening of packing gland nuts. shall be equipped with a cap, blind (4) Injection of lubricant into lubri- flange, plug, or a second valve. cated packing. (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:
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(1) Has no external actuating mecha- ble, olfactory, or any other detection nism in contact with the hazardous method. waste stream. (b) If an instrument reading of 10,000 (2) Is operated with emissions less ppm or greater is measured, a leak is than 500 ppm above background as de- detected. termined by the method specified in (c)(1) When a leak is detected, it shall § 265.1063(c). be repaired as soon as practicable, but (3) Is tested for compliance with not later than 15 calendar days after it paragraph (f)(2) of this section initially is detected, except as provided in upon designation, annually, and at § 265.1059. other times as requested by the Re- (2) The first attempt at repair shall gional Administrator. be made no later than 5 calendar days (g) Any valve that is designated, as after each leak is detected. described in § 265.1064(h)(1), as an un- (d) First attempts at repair include, safe-to-monitor valve is exempt from but are not limited to, the best prac- the requirements of paragraph (a) of tices described under § 265.1057(e). this section if: (e) Any connector that is inaccessible (1) The owner or operator of the valve or is ceramic or ceramic-lined (e.g., determines that the valve is unsafe to porcelain, glass, or glass-lined) is ex- monitor because monitoring personnel empt from the monitoring require- would be exposed to an immediate dan- ments of paragraph (a) of this section ger as a consequence of complying with and from the recordkeeping require- paragraph (a) of this section. ments of § 265.1064 of this subpart. (2) The owner or operator of the valve adheres to a written plan that requires [55 FR 25512, June 21, 1990, as amended at 61 FR 59971, Nov. 25, 1996] monitoring of the valve as frequently as practicable during safe-to-monitor § 265.1059 Standards: Delay of repair. times. (h) Any valve that is designated, as (a) Delay of repair of equipment for described in § 265.1064(h)(2), as a dif- which leaks have been detected will be ficult-to-monitor valve is exempt from allowed if the repair is technically in- the requirements of paragraph (a) of feasible without a hazardous waste this section if: management unit shutdown. In such a (1) The owner or operator of the valve case, repair of this equipment shall determines that the valve cannot be occur before the end of the next haz- monitored without elevating the moni- ardous waste management unit shut- toring personnel more than 2 meters down. above a support surface. (b) Delay of repair of equipment for (2) The hazardous waste management which leaks have been detected will be unit within which the valve is located allowed for equipment that is isolated was in operation before June 21, 1990. from the hazardous waste management (3) The owner or operator of the valve unit and that does not continue to con- follows a written plan that requires tain or contact hazardous waste with monitoring of the valve at least once organic concentrations at least 10 per- per calendar year. cent by weight. (c) Delay of repair for valves will be § 265.1058 Standards: Pumps and allowed if: valves in heavy liquid service, pres- (1) The owner or operator determines sure relief devices in light liquid or that emissions of purged material re- heavy liquid service, and flanges sulting from immediate repair are and other connectors. greater than the emissions likely to re- (a) Pumps and valves in heavy liquid sult from delay of repair. service, pressure relief devices in light (2) When repair procedures are ef- liquid or heavy liquid service, and fected, the purged material is collected flanges and other connectors shall be and destroyed or recovered in a control monitored within 5 days by the method device complying with § 265.1060. specified in § 265.1063(b) if evidence of a (d) Delay of repair for pumps will be potential leak is found by visual, audi- allowed if:
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(1) Repair requires the use of a dual with all requirements of this subpart mechanical seal system that includes a as soon as practicable but no later than barrier fluid system. 30 months after the amendment’s effec- (2) Repair is completed as soon as tive date. When control equipment re- practicable, but not later than 6 quired by this subpart can not be in- months after the leak was detected. stalled and begin operation by the ef- (e) Delay of repair beyond a haz- fective date of the amendment, the fa- ardous waste management unit shut- cility owner or operator shall prepare down will be allowed for a valve if an implementation schedule that in- valve assembly replacement is nec- cludes the following information: Spe- essary during the hazardous waste cific calendar dates for award of con- management unit shutdown, valve as- tracts or issuance of purchase orders sembly supplies have been depleted, for the control equipment, initiation of and valve assembly supplies had been on-site installation of the control sufficiently stocked before the supplies equipment, completion of the control were depleted. Delay of repair beyond equipment installation, and perform- the next hazardous waste management ance of any testing to demonstrate unit shutdown will not be allowed un- that the installed equipment meets the less the next hazardous waste manage- applicable standards of this subpart. ment unit shutdown occurs sooner than The owner or operator shall enter the 6 months after the first hazardous implementation schedule in the oper- waste management unit shutdown. ating record or in a permanent, readily available file located at the facility. § 265.1060 Standards: Closed-vent sys- (4) Owners and operators of facilities tems and control devices. and units that become newly subject to (a) Owners and operators of closed- the requirements of this subpart after vent systems and control devices sub- December 8, 1997 due to an action other ject to this subpart shall comply with than those described in paragraph (b)(3) the provisions of § 265.1033 of this part. of this section must comply with all (b)(1) The owner or operator of an ex- applicable requirements immediately isting facility who can not install a (i.e., must have control devices in- closed-vent system and control device stalled and operating on the date the to comply with the provisions of this facility or unit becomes subject to this subpart on the effective date that the subpart; the 30-month implementation facility becomes subject to the provi- schedule does not apply). sions of this subpart must prepare an implementation schedule that includes [62 FR 64662, Dec. 8, 1997] dates by which the closed-vent system and control device will be installed and § 265.1061 Alternative standards for in operation. The controls must be in- valves in gas/vapor service or in light liquid service: percentage of stalled as soon as possible, but the im- valves allowed to leak. plementation schedule may allow up to 30 months after the effective date that (a) An owner or operator subject to the facility becomes subject to this the requirements of § 265.1057 may elect subpart for installation and startup. to have all valves within a hazardous (2) Any units that begin operation waste management unit comply with after December 21, 1990, and are subject an alternative standard which allows to the provisions of this subpart when no greater than 2 percent of the valves operation begins, must comply with to leak. the rules immediately (i.e., must have (b) The following requirements shall control devices installed and operating be met if an owner or operator decides on startup of the affected unit); the 30- to comply with the alternative stand- month implementation schedule does ard of allowing 2 percent of valves to not apply. leak: (3) The owner or operator of any fa- (1) An owner or operator must notify cility in existence on the effective date the Regional Administrator that the of a statutory or EPA regulatory owner or operator has elected to amendment that renders the facility comply with the requirements of this subject to this subpart shall comply section.
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(2) A performance test as specified in itor for leaks once every six months) paragraph (c) of this section shall be for the valves subject to the require- conducted initially upon designation, ments in § 265.1057 of this subpart. annually, and at other times requested (3) After five consecutive quarterly by the Regional Administrator. leak detection periods with the per- (3) If a valve leak is detected, it shall centage of valves leaking equal to or be repaired in accordance with § 265.1057 less than 2 percent, an owner or oper- (d) and (e). ator may begin to skip three of the (c) Performance tests shall be con- quarterly leak detection periods (i.e., ducted in the following manner: monitor for leaks once every year) for (1) All valves subject to the require- the valves subject to the requirements ments in § 265.1057 within the hazardous in § 265.1057 of this subpart. waste management unit shall be mon- (4) If the percentage of valves leaking itored within 1 week by the methods is greater than 2 percent, the owner or specified in § 265.1063(b). operators shall monitor monthly in (2) If an instrument reading of 10,000 compliance with the requirements in ppm or greater is measured, a leak is § 265.1057, but may again elect to use detected. this section after meeting the require- (3) The leak percentage shall be de- ments of § 265.1057(c)(1). termined by dividing the number of [55 FR 25512, June 21, 1990, as amended at 62 valves subject to the requirements in FR 64662, Dec. 8, 1997] § 265.1057 for which leaks are detected by the total number of valves subject § 265.1063 Test methods and proce- to the requirements in § 265.1057 within dures. the hazardous waste management unit. (a) Each owner or operator subject to (d) If an owner or operator decides no the provisions of this subpart shall longer to comply with this section, the comply with the test methods and pro- owner or operator must notify the Re- cedures requirements provided in this gional Administrator in writing that section. the work practice standard described in (b) Leak detection monitoring, as re- § 265.1057 (a) through (e) will be fol- quired in §§ 265.1052 through 265.1062, lowed. shall comply with the following re- § 265.1062 Alternative standards for quirements: valves in gas/vapor service or in (1) Monitoring shall comply with Ref- light liquid service: skip period leak erence Method 21 in 40 CFR part 60. detection and repair. (2) The detection instrument shall (a)(1) An owner or operator subject to meet the performance criteria of Ref- the requirements of § 265.1057 may elect erence Method 21. for all valves within a hazardous waste (3) The instrument shall be cali- management unit to comply with one brated before use on each day of its use of the alternative work practices speci- by the procedures specified in Ref- fied in paragraphs (b) (2) and (3) of this erence Method 21. section. (4) Calibration gases shall be: (2) An owner or operator must notify (i) Zero air (less than 10 ppm of hy- the Regional Administrator before im- drocarbon in air). plementing one of the alternative work (ii) A mixture of methane or n- practices. hexane and air at a concentration of (b)(1) An owner or operator shall approximately, but less than, 10.000 comply with the requirements for ppm methane or n-hexane. valves, as described in § 265.1057, except (5) The instrument probe shall be tra- as described in paragraphs (b)(2) and versed around all potential leak inter- (b)(3) of this section. faces as close to the interface as (2) After two consecutive quarterly possible as described in Reference leak detection periods with the per- Method 21. centage of valves leaking equal to or (c) When equipment is tested for less than 2 percent, an owner or oper- compliance with no detectable emis- ator may begin to skip one of the quar- sions, as required in §§ 265.1052(e), terly leak detection periods (i.e., mon- 265.1053(i), 265.1054, and 265.1057(f), the
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test shall comply with the following with organic concentrations at least 10 requirements: percent by weight, the determination (1) The requirements of paragraphs can be revised only after following the (b) (1) through (4) of this section shall procedures in paragraph (d)(1) or (d)(2) apply. of this section. (2) The background level shall be de- (f) When an owner or operator and termined, as set forth in Reference the Regional Administrator do not Method 21. agree on whether a piece of equipment (3) The instrument probe shall be tra- contains or contacts a hazardous waste versed around all potential leak inter- with organic concentrations at least 10 faces as close to the interface as percent by weight, the procedures in possible as described in Reference paragraph (d)(1) or (d)(2) of this section Method 21. can be used to resolve the dispute. (4) The arithmetic difference between (g) Samples used in determining the the maximum concentration indicated percent organic content shall be rep- by the instrument and the background resentative of the highest total organic level is compared with 500 ppm for de- content hazardous waste that is ex- termining compliance. pected to be contained in or contact (d) In accordance with the waste the equipment. analysis plan required by § 265.13(b), an (h) To determine if pumps or valves owner or operator of a facility must de- are in light liquid service, the vapor termine, for each piece of equipment, pressures of constituents may be ob- whether the equipment contains or tained from standard reference texts or contacts a hazardous waste with or- may be determined by ASTM D–2879–86 ganic concentration that equals or ex- (incorporated by reference under ceeds 10 percent by weight using the § 260.11). following: (i) Performance tests to determine if (1) Methods described in ASTM Meth- a control device achieves 95 weight per- ods D 2267–88, E 169–87, E 168–88, E 260– cent organic emission reduction shall 85 (incorporated by reference under comply with the procedures of § 265.1034 § 260.11); (c)(1) through (c)(4). (2) Method 9060 or 8260 of SW–846 (in- [55 FR 25512, June 21, 1990, as amended at 62 corporated by reference under § 260.11); FR 32463, June 13, 1997] or (3) Application of the knowledge of § 265.1064 Recordkeeping require- the nature of the hazardous waste ments. stream or the process by which it was (a)(1) Each owner or operator subject produced. Documentation of a waste to the provisions of this subpart shall determination by knowledge is re- comply with the recordkeeping re- quired. Examples of documentation quirements of this section. that shall be used to support a deter- (2) An owner or operator of more mination under this provision include than one hazardous waste management production process information docu- unit subject to the provisions of this menting that no organic compounds subpart may comply with the record- are used, information that the waste is keeping requirements for these haz- generated by a process that is identical ardous waste management units in one to a process at the same or another fa- recordkeeping system if the system cility that has previously been dem- identifies each record by each haz- onstrated by direct measurement to ardous waste management unit. have a total organic content less than (b) Owners and operators must record 10 percent, or prior speciation analysis the following information in the facil- results on the same waste stream ity operating record: where it can also be documented that (1) For each piece of equipment to no process changes have occurred since which subpart BB of part 265 applies: that analysis that could affect the (i) Equipment identification number waste total organic concentration. and hazardous waste management unit (e) If an owner or operator deter- identification. mines that a piece of equipment con- (ii) Approximate locations within the tains or contacts a hazardous waste facility (e.g., identify the hazardous
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waste management unit on a facility (3) The date the leak was detected plot plan). and the dates of each attempt to repair (iii) Type of equipment (e.g., a pump the leak. or pipeline valve). (4) Repair methods applied in each (iv) Percent-by-weight total organics attempt to repair the leak. in the hazardous waste stream at the (5) ‘‘Above 10,000’’ if the maximum in- equipment. strument reading measured by the (v) Hazardous waste state at the methods specified in § 265.1063(b) after equipment (e.g., gas/vapor or liquid). each repair attempt is equal to or (vi) Method of compliance with the greater than 10,000 ppm. standard (e.g., monthly leak detection ‘‘ (6) ‘‘Repair delayed’’ and the reason and repair or equipped with dual me- ’’ ‘‘ for the delay if a leak is not repaired chanical seals ). ’’ within 15 calendar days after discovery (2) For facilities that comply with of the leak. the provisions of § 265.1033(a)(2), an im- plementation schedule as specified in (7) Documentation supporting the § 265.1033(a)(2). delay of repair of a valve in compliance (3) Where an owner or operator with § 265.1059(c). chooses to use test data to dem- (8) The signature of the owner or op- onstrate the organic removal efficiency erator (or designate) whose decision it or total organic compound concentra- was that repair could not be effected tion achieved by the control device, a without a hazardous waste manage- performance test plan as specified in ment unit shutdown. § 265.1035(b)(3). (9) The expected date of successful re- (4) Documentation of compliance pair of the leak if a leak is not repaired with § 265.1060, including the detailed within 15 calendar days. design documentation or performance (10) The date of successful repair of test results specified in § 265.1035(b)(4). the leak. (c) When each leak is detected as (e) Design documentation and moni- specified in §§ 265.1052, 265.1053, 265.1057, toring, operating, and inspection infor- and 265.1058, the following require- mation for each closed-vent system and ments apply: control device required to comply with (1) A weatherproof and readily visible the provisions of § 265.1060 shall be re- identification, marked with the equip- corded and kept up-to-date in the ment identification number, the date facility operating record as specified in evidence of a potential leak was found § 265.1035(c). Design documentation is in accordance with § 265.1058(a), and the specified in § 265.1035 (c)(1) and (c)(2) date the leak was detected, shall be at- and monitoring, operating, and tached to the leaking equipment. inspection information in § 265.1035 (2) The identification on equipment, (c)(3)–(c)(8). except on a valve, may be removed (f) For a control device other than a after it has been repaired. thermal vapor incinerator, catalytic (3) The identification on a valve may vapor incinerator, flare, boiler, process be removed after it has been monitored heater, condenser, or carbon adsorption for 2 successive months as specified in § 265.1057(c) and no leak has been de- system, monitoring and inspection in- tected during those 2 months. formation indicating proper operation (d) When each leak is detected as and maintenance of the control device specified in §§ 265.1052, 265.1053, 265.1057, must be recorded in the facility oper- and 265.1058, the following information ating record. shall be recorded in an inspection log (g) The following information per- and shall be kept in the facility oper- taining to all equipment subject to the ating record: requirements in §§ 265.1052 through (1) The instrument and operator iden- 265.1060 shall be recorded in a log that tification numbers and the equipment is kept in the facility operating record: identification number. (1) A list of identification numbers (2) The date evidence of a potential for equipment (except welded fittings) leak was found in accordance with subject to the requirements of this § 265.1058(a). subpart.
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(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. above background, under the provi- (k) The following information shall sions of §§ 265.1052(e), 265.1053(i), and be recorded in a log that is kept in the 265.1057(f). facility operating record for use in de- (ii) The designation of this equip- termining exemptions as provided in ment as subject to the requirements of the applicability section of this sub- §§ 265.1052(e), 265.1053(i), or 265.1057(f) part and other specific subparts: shall be signed by the owner or (1) An analysis determining the de- operator. sign capacity of the hazardous waste (3) A list of equipment identification management unit. numbers for pressure relief devices re- (2) A statement listing the hazardous quired to comply with § 265.1054(a). waste influent to and effluent from (4)(i) The dates of each compliance each hazardous waste management test required in §§ 265.1052(e), 265.1053(i), unit subject to the requirements in 265.1054, and 265.1057(f). §§ 265.1052 through 265.1060 and an anal- (ii) The background level measured ysis determining whether these haz- during each compliance test. ardous wastes are heavy liquids. (iii) The maximum instrument read- (3) An up-to-date analysis and the ing measured at the equipment during supporting information and data used each compliance test. to determine whether or not equipment (5) A list of identification numbers is subject to the requirements in for equipment in vacuum service. §§ 265.1052 through 265.1060. The record (6) Identification, either by list or lo- shall include supporting documenta- cation (area or group) of equipment tion as required by § 265.1063(d)(3) when that contains or contacts hazardous application of the knowledge of the na- waste with an organic concentration of ture of the hazardous waste stream or at least 10 percent by weight for less the process by which it was produced is than 300 hours per calendar year. used. If the owner or operator takes (h) The following information per- any action (e.g., changing the process taining to all valves subject to the re- that produced the waste) that could re- quirements of § 265.1057 (g) and (h) shall sult in an increase in the total organic be recorded in a log that is kept in the content of the waste contained in or facility operating record: contacted by equipment determined (1) A list of identification numbers not to be subject to the requirements for valves that are designated as unsafe in §§ 265.1052 through 265.1060, then a to monitor, an explanation for each new determination is required. valve stating why the valve is unsafe (l) Records of the equipment leak in- to monitor, and the plan for moni- formation required by paragraph (d) of toring each valve. this section and the operating informa- (2) A list of identification numbers tion required by paragraph (e) of this for valves that are designated as dif- section need be kept only 3 years. ficult to monitor, an explanation for (m) The owner or operator of any fa- each valve stating why the valve is dif- cility with equipment that is subject to ficult to monitor, and the planned this subpart and to leak detection, schedule for monitoring each valve. monitoring, and repair requirements (i) The following information shall be under regulations at 40 CFR part 60, recorded in the facility operating part 61, or part 63 may elect to deter- record for valves complying with mine compliance with this subpart ei- § 265.1062: ther by documentation pursuant to (1) A schedule of monitoring. § 265.1064 of this subpart, or by docu- (2) The percent of valves found leak- mentation of compliance with the reg- ing during each monitoring period. ulations at 40 CFR part 60, part 61, or (j) The following information shall be part 63 pursuant to the relevant provi- recorded in a log that is kept in the fa- sions of the regulations at 40 part 60, cility operating record: part 61, or part 63. The documentation
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of compliance under regulation at 40 (6) A waste management unit that is CFR part 60, part 61, or part 63 shall be used solely for the management of ra- kept with or made readily available dioactive mixed waste in accordance with the facility operating record. with all applicable regulations under the authority of the Atomic Energy [55 FR 25512, June 21, 1990, as amended at 56 FR 19290, Apr. 26, 1991; 61 FR 59971, Nov. 25, Act and the Nuclear Waste Policy Act. 1996; 62 FR 64662, Dec. 8, 1997] (7) A hazardous waste management unit that the owner or operator cer- §§ 265.1065—265.1079 [Reserved] tifies is equipped with and operating air emission controls in accordance Subpart CC—Air Emission Stand- with the requirements of an applicable ards for Tanks, Surface Im- Clean Air Act regulation codified under poundments, and Containers 40 CFR part 60, part 61, or part 63. For the purpose of complying with this paragraph, a tank for which the air SOURCE: 59 FR 62935, Dec. 6, 1994, unless emission control includes an enclosure, otherwise noted. as opposed to a cover, must be in com- § 265.1080 Applicability. pliance with the enclosure and control device requirements of § 265.1085(i), ex- (a) The requirements of this subpart cept as provided in § 265.1083(c)(5). apply to owners and operators of all fa- (8) A tank that has a process vent as cilities that treat, store, or dispose of defined in 40 CFR 264.1031. hazardous waste in tanks, surface im- poundments, or containers subject to (c) For the owner and operator of a either subparts I, J, or K of this part facility subject to this subpart who has except as § 265.1 and paragraph (b) of received a final permit under RCRA this section provide otherwise. section 3005 prior to December 6, 1996, (b) The requirements of this subpart the following requirements apply: do not apply to the following waste (1) The requirements of 40 CFR part management units at the facility: 264, subpart CC shall be incorporated (1) A waste management unit that into the permit when the permit is re- holds hazardous waste placed in the issued in accordance with the require- unit before December 6, 1996, and in ments of 40 CFR 124.15 or reviewed in which no hazardous waste is added to accordance with the requirements of 40 the unit on or after December 6, 1996. CFR 270.50(d). (2) A container that has a design ca- (2) Until the date when the permit is pacity less than or equal to 0.1 m3. reissued in accordance with the re- (3) A tank in which an owner or oper- quirements of 40 CFR 124.15 or reviewed ator has stopped adding hazardous in accordance with the requirements of waste and the owner or operator has 40 CFR 270.50(d), the owner and oper- begun implementing or completed clo- ator is subject to the requirements of sure pursuant to an approved closure this subpart. plan. (d) The requirements of this subpart, (4) A surface impoundment in which except for the recordkeeping require- an owner or operator has stopped add- ments specified in § 265.1090(i) of this ing hazardous waste (except to imple- subpart, are administratively stayed ment an approved closure plan) and the for a tank or a container used for the owner or operator has begun imple- management of hazardous waste gen- menting or completed closure pursuant erated by organic peroxide manufac- to an approved closure plan. turing and its associated laboratory (5) A waste management unit that is operations when the owner or operator used solely for on-site treatment or of the unit meets all of the following storage of hazardous waste that is conditions: placed in the unit as a result of imple- (1) The owner or operator identifies menting remedial activities required that the tank or container receives under the corrective action authorities hazardous waste generated by an or- of RCRA sections 3004(u), 3004(v), or ganic peroxide manufacturing process 3008(h); CERCLA authorities; or similar producing more than one functional Federal or State authorities. family of organic peroxides or multiple
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organic peroxides within one func- surface impoundment operated at the tional family, that one or more of Stonewall Plant is subject to the these organic peroxides could poten- standards in § 265.1086 and all require- tially undergo self-accelerating ther- ments related to hazardous waste sur- mal decomposition at or below ambient face impoundments that are referenced temperatures, and that organic perox- in or by § 265.1086, including the closed- ides are the predominant products vent system and control device require- manufactured by the process. For the ments of § 265.1088 and the record- purpose of meeting the conditions of keeping requirements of § 265.1090(c). this paragraph, ‘‘organic peroxide’’ (f) This section applies only to the fa- means an organic compound that con- cility commonly referred to as the OSi tains the bivalent -O-O- structure and Specialties Plant, located on State which may be considered to be a struc- tural derivative of hydrogen peroxide Route 2, Sistersville, West Virginia where one or both of the hydrogen (‘‘Sistersville Plant’’). atoms has been replaced by an organic (1)(i) Provided that the Sistersville radical. Plant is in compliance with the re- (2) The owner or operator prepares quirements of paragraph (f)(2) of this documentation, in accordance with the section, the requirements referenced in requirements of § 265.1090(i) of this sub- paragraph (f)(1)(iii) of this section are part, explaining why an undue safety temporarily deferred, as specified in hazard would be created if air emission paragraph (f)(3) of this section, with re- controls specified in §§ 265.1085 through spect to the two hazardous waste sur- 265.1088 of this subpart are installed face impoundments at the Sistersville and operated on the tanks and con- Plant. Beginning on the date that para- tainers used at the facility to manage graph (f)(1)(ii) of this section is first the hazardous waste generated by the implemented, the temporary deferral organic peroxide manufacturing proc- of this paragraph shall no longer be ef- ess or processes meeting the conditions fective. of paragraph (d)(1) of this section. (ii)(A) In the event that a notice of (3) The owner or operator notifies the revocation is issued pursuant to para- Regional Administrator in writing that graph (f)(3)(iv) of this section, the re- hazardous waste generated by an or- quirements referenced in paragraph ganic peroxide manufacturing process (f)(1)(iii) of this section are tempo- or processes meeting the conditions of paragraph (d)(1) of this section are rarily deferred, with respect to the two managed at the facility in tanks or hazardous waste surface impound- containers meeting the conditions of ments, provided that the Sistersville paragraph (d)(2) of this section. The no- Plant is in compliance with the re- tification shall state the name and ad- quirements of paragraphs (f)(2)(ii), dress of the facility, and be signed and (f)(2)(iii), (f)(2)(iv), (f)(2)(v), (f)(2)(vi) dated by an authorized representative and (g) of this section, except as pro- of the facility owner or operator. vided under paragraph (f)(1)(ii)(B) of (e)(1) Except as provided in paragraph this section. The temporary deferral of (e)(2) of this section, the requirements the previous sentence shall be effective of this subpart do not apply to the beginning on the date the Sistersville pharmaceutical manufacturing facil- Plant receives written notification of ity, commonly referred to as the revocation, and continuing for a max- Stonewall Plant, located at Route 340 imum period of 18 months from that South, Elkton, Virginia, provided that date, provided that the Sistersville facility is operated in compliance with Plant is in compliance with the re- the requirements contained in a Clean quirements of paragraphs (f)(2)(ii), Air Act permit issued pursuant to 40 (f)(2)(iii), (f)(2)(iv), (f)(2)(v), (f)(2)(vi) CFR 52.2454. The requirements of this and (g) of this section at all times dur- subpart shall apply to the facility upon ing that 18-month period. In no event termination of the Clean Air Act per- shall the temporary deferral continue mit issued pursuant to 40 CFR 52.2454. to be effective after the MON Compli- (2) Notwithstanding paragraph (e)(1) of this section, any hazardous waste ance Date.
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(B) In the event that a notification of tank, and from the water stripper, no revocation is issued pursuant to para- later than April 1, 1998. graph (f)(3)(iv) of this section as a re- (B) The Sistersville Plant shall pro- sult of the permanent removal of the vide to the EPA and the West Virginia capper unit from methyl capped Department of Environmental Protec- polyether production service, the re- tion, written notification of the actual quirements referenced in paragraph date of initial start-up of the thermal (f)(1)(iii) of this section are tempo- incinerator, and commencement of the rarily deferred, with respect to the two methanol recovery operation. The hazardous waste surface impound- Sistersville Plant shall submit this ments, provided that the Sistersville written notification as soon as prac- Plant is in compliance with the re- ticable, but in no event later than 15 quirements of paragraphs (f)(2)(vi), and days after such events. (g) of this section. The temporary de- (ii) The Sistersville Plant shall in- ferral of the previous sentence shall be stall and operate the capper unit proc- effective beginning on the date the ess vent thermal incinerator according Sistersville Plant receives written no- to the requirements of paragraphs tification of revocation, and continuing (f)(2)(ii)(A) through (f)(2)(ii)(D) of this for a maximum period of 18 months section. from that date, provided that the (A) Capper unit process vent thermal Sistersville Plant is in compliance incinerator. with the requirements of paragraphs (1) Except as provided under para- (f)(2)(vi) and (g) of this section at all graph (f)(2)(ii)(D) of this section, the times during that 18-month period. In Sistersville Plant shall operate the no event shall the temporary deferral process vent thermal incinerator such continue to be effective after the MON that the incinerator reduces the total Compliance Date. organic compounds (‘‘TOC’’) from the (iii) The standards in § 265.1086 of this process vent streams identified in para- part, and all requirements referenced graph (f)(2)(i)(A) of this section, by 98 weight-percent, or to a concentration in or by § 265.1086 that otherwise would of 20 parts per million by volume, on a apply to the two hazardous waste sur- dry basis, corrected to 3 percent oxy- face impoundments, including the gen, whichever is less stringent. closed-vent system and control device (i) Prior to conducting the initial requirements of § 265.1088 of this part. performance test required under para- (2) Notwithstanding the effective pe- graph (f)(2)(ii)(B) of this section, the riod and revocation provisions in para- Sistersville Plant shall operate the graph (f)(3) of this section, the tem- thermal incinerator at or above a min- porary deferral provided in paragraph imum temperature of 1600 Fahrenheit. (f)(1)(i) of this section is effective only (ii) After the initial performance test if the Sistersville Plant meets the re- required under paragraph (f)(2)(ii)(B) of quirements of paragraph (f)(2) of this this section, the Sistersville Plant section. shall operate the thermal incinerator (i) The Sistersville Plant shall install at or above the minimum temperature an air pollution control device on the established during that initial perform- polyether methyl capper unit (‘‘capper ance test. unit’’), implement a methanol recovery (iii) The Sistersville Plant shall oper- operation, and implement a waste ate the process vent thermal inciner- minimization/pollution prevention ator at all times that the capper unit is (‘‘WMPP’’) project. The installation and being operated to manufacture prod- implementation of these requirements uct. shall be conducted according to the (2) The Sistersville Plant shall in- schedule described in paragraphs stall, calibrate, and maintain all air (f)(2)(i) and (f)(2)(vi) of this section. pollution control and monitoring (A) The Sistersville Plant shall com- equipment described in paragraphs plete the initial start-up of a thermal (f)(2)(i)(A) and (f)(2)(ii)(B)(3) of this sec- incinerator on the capper unit’s proc- tion, according to the manufacturer’s ess vents from the first stage vacuum specifications, or other written proce- pump, from the flash pot and surge dures that provide adequate assurance
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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 (B) The Sistersville Plant shall com- relief valves, and other fittings used for ply with the requirements of para- safety purposes are not considered to graphs (f)(2)(ii)(B)(1) through be bypass devices. If a bypass flow indi- (f)(2)(ii)(B)(3) of this section for per- cator is used to comply with this para- formance testing and monitoring of the graph, the bypass flow indicator shall capper unit process vent thermal incin- be installed at the inlet to the bypass erator. line used to divert gases and vapors (1) Within 120 days after thermal in- from the closed-vent system to the at- cinerator initial start-up, the mosphere at a point upstream of the Sistersville Plant shall conduct a per- control device inlet. If a seal or locking formance test to determine the min- device (e.g. car-seal or lock-and-key imum temperature at which compli- configuration) is used to comply with ance with the emission reduction re- this paragraph, the device shall be quirement specified in paragraph (f)(4) placed on the mechanism by which the of this section is achieved. This deter- bypass device position is controlled mination shall be made by measuring (e.g., valve handle, damper levels) when TOC minus methane and ethane, ac- the bypass device is in the closed posi- cording to the procedures specified in tion such that the bypass device can- paragraph (f)(2)(ii)(B) of this section. not be opened without breaking the (2) The Sistersville Plant shall con- seal or removing the lock. The duct the initial performance test in ac- Sistersville Plant shall visually inspect cordance with the standards set forth the seal or locking device at least once in paragraph (f)(4) of this section. every month to verify that the bypass (3) Upon initial start-up, the mechanism is maintained in the closed Sistersville Plant shall install, cali- position. brate, maintain and operate, according (C) The Sistersville Plant shall keep to manufacturer’s specifications and in on-site an up-to-date, readily acces- a manner consistent with good engi- sible record of the information de- neering practices, the monitoring scribed in paragraphs (f)(2)(ii)(C)(1) equipment described in paragraphs through (f)(2)(ii)(C)(4) of this section. (f)(2)(ii)(B)(3)(i) through (f)(2)(ii)(B)(3)(iii) of this section. (1) Data measured during the initial (i) A temperature monitoring device performance test regarding the firebox equipped with a continuous recorder. temperature of the incinerator and the The temperature monitoring device percent reduction of TOC achieved by shall be installed in the firebox or in the incinerator, and/or such other in- the duct work immediately down- formation required in addition to or in stream of the firebox in a position be- lieu of that information by the WVDEP fore any substantial heat exchange is in its approval of equivalent test meth- encountered. ods and procedures. (ii) A flow indicator that provides a (2) Continuous records of the equip- record of vent stream flow to the incin- ment operating procedures specified to erator at least once every fifteen min- be monitored under paragraph utes. The flow indicator shall be in- (f)(2)(ii)(B)(3) of this section, as well as stalled in the vent stream from the records of periods of operation during process vent at a point closest to the which the firebox temperature falls inlet of the incinerator. below the minimum temperature es- (iii) If the closed-vent system in- tablished under paragraph cludes bypass devices that could be (f)(2)(ii)(A)(1) of this section. used to divert the gas or vapor stream (3) Records of all periods during to the atmosphere before entering the which the vent stream has no flow rate control device, each bypass device shall to the extent that the capper unit is be equipped with either a bypass flow being operated during such period.
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(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 through (f)(2)(ii)(D)(6) of this section, that plan meets the requirements of with respect to the capper unit process paragraph (f)(2)(iii)(D) of this section vent incinerator. for the start-up, shutdown and mal- (1) The Sistersville Plant shall de- function plan. velop and implement a Start-up, Shut- (iii) The Sistersville Plant shall oper- down and Malfunction Plan as required ate the closed-vent system in accord- by the provisions set forth in para- ance with the requirements of para- graph (f)(2)(ii)(D) of this section. The graphs (f)(2)(iii)(A) through (f)(2)(iii)(D) plan shall describe, in detail, proce- dures for operating and maintaining of this section. the thermal incinerator during periods (A) Closed-vent system. of start-up, shutdown and malfunction, (1) At all times when the process vent and a program of corrective action for thermal incinerator is operating, the malfunctions of the thermal inciner- Sistersville Plant shall route the vent ator. streams identified in paragraph (f)(2)(i) (2) The plan shall include a detailed of this section from the capper unit to description of the actions the the thermal incinerator through a Sistersville Plant will take to perform closed-vent system. the functions described in paragraphs (2) The closed-vent system will be de- (f)(2)(ii)(D)(2)(i) through signed for and operated with no detect- (f)(2)(ii)(D)(2)(iii) of this section. able emissions, as defined in paragraph (i) Ensure that the thermal inciner- (f)(6) of this section. ator is operated in a manner consistent (B) The Sistersville Plant will com- with good air pollution control prac- ply with the performance standards set tices. forth in paragraph (f)(2)(iii)(A)(1) of (ii) Ensure that the Sistersville Plant this section on and after the date on is prepared to correct malfunctions as which the initial performance test ref- soon as practicable after their occur- erenced in paragraph (f)(2)(ii)(B) of this rence in order to minimize excess emis- section is completed, but no later than sions. sixty (60) days after the initial start-up (iii) Reduce the reporting require- date. ments associated with periods of start- (C) The Sistersville Plant shall com- up, shutdown and malfunction. ply with the monitoring requirements (3) During periods of start-up, shut- of paragraphs (f)(2)(iii)(C)(1) through down and malfunction, the Sistersville (f)(2)(iii)(C)(3) of this section, with re- Plant shall maintain the process unit spect to the closed-vent system. and the associated thermal incinerator ( ) At the time of the performance in accordance with the procedures set 1 forth in the plan. test described in paragraph (f)(2)(ii)(B) (4) The plan shall contain record of this section, the Sistersville Plant keeping requirements relating to peri- shall inspect the closed-vent system as ods of start-up, shutdown or malfunc- specified in paragraph (f)(5) of this sec- tion, actions taken during such periods tion. in conformance with the plan, and any (2) At the time of the performance failures to act in conformance with the test described in paragraph (f)(2)(ii)(B) plan during such periods. of this section, and annually there- (5) During periods of maintenance or after, the Sistersville Plant shall in- malfunction of the thermal inciner- spect the closed-vent system for visi- ator, the Sistersville Plant may con- ble, audible, or olfactory indications of tinue to operate the capper unit, pro- leaks. vided that operation of the capper unit (3) If at any time a defect or leak is without the thermal incinerator shall detected in the closed-vent system, the
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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 pleted as soon as possible but no later records of the parameters specified to than forty-five (45) calendar days after be monitored under paragraph detection. (f)(2)(iv)(B) of this section. (ii) The Sistersville Plant shall main- (v) The Sistersville Plant shall com- tain a record of the defect repair in ac- ply with the requirements of para- cordance with the requirements speci- graphs (f)(2)(v)(A) through (f)(2)(v)(C) of fied in paragraph (f)(2)(iii)(D) of this this section for the disposition of section. methanol collected by the methanol re- (D) The Sistersville Plant shall keep covery operation. on-site up-to-date, readily accessible (A) On an annual basis, the records of the inspections and repairs Sistersville Plant shall ensure that a required to be performed by paragraph minimum of 95% by weight of the (f)(2)(iii) of this section. methanol collected by the methanol re- (iv) The Sistersville Plant shall oper- ate the methanol recovery operation in covery operation (also referred to as accordance with paragraphs the ‘‘collected methanol’’) is utilized for (f)(2)(iv)(A) through (f)(2)(iv)(C) of this reuse, recovery, or thermal recovery/ section. treatment. The Sistersville Plant may (A) The Sistersville Plant shall oper- use the methanol on-site, or may ate the condenser associated with the transfer or sell the methanol for reuse, methanol recovery operation at all recovery, or thermal recovery/treat- times during which the capper unit is ment at other facilities. being operated to manufacture prod- (1) Reuse. To the extent reuse of all uct. of the collected methanol destined for (B) The Sistersville Plant shall com- reuse, recovery, or thermal recovery is ply with the monitoring requirements not economically feasible, the described in paragraphs (f)(2)(B)(1) Sistersville Plant shall ensure the re- through (f)(2)(B)(3) of this section, with sidual portion is sent for recovery, as respect to the methanol recovery oper- defined in paragraph (f)(6) of this sec- ation. tion, except as provided in paragraph (1) The Sistersville Plant shall per- (f)(2)(v)(A)(2) of this section. form measurements necessary to deter- (2) Recovery. To the extent that mine the information described in reuse or recovery of all the collected paragraphs (f)(2)(iv)(B)(1)(i) and methanol destined for reuse, recovery, (f)(2)(iv)(B)(1)(ii) of this section to dem- or thermal recovery is not economi- onstrate the percentage recovery by cally feasible, the Sistersville Plant weight of the methanol contained in shall ensure that the residual portion the influent gas stream to the con- is sent for thermal recovery/treatment, denser. as defined in paragraph (f)(6) of this (i) Information as is necessary to cal- section. culate the annual amount of methanol (3) The Sistersville Plant shall ensure generated by operating the capper unit. that, on an annual basis, no more than (ii) The annual amount of methanol 5% of the methanol collected by the recovered by the condenser associated methanol recovery operation is subject with the methanol recovery operation. to bio-treatment. (2) The Sistersville Plant shall in- (4) In the event the Sistersville Plant stall, calibrate, maintain and operate receives written notification of revoca- according to manufacturer specifica- tion pursuant to paragraph (f)(3)(iv) of tions, a temperature monitoring device this section, the percent limitations with a continuous recorder for the con- set forth under paragraph (f)(2)(v)(A) of
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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). (C) The Sistersville Plant shall keep (ii) The Sistersville Plant shall select on-site up-to-date, readily accessible the stakeholder representative(s) by records of the amounts of collected mutual agreement of EPA, WVDEP and methanol directed to reuse, recovery, the Sistersville Plant no later than 20 thermal recovery/treatment and bio- days after receiving from EPA and treatment necessary for the measure- WVDEP the names of their respective ments required under paragraph committee members. (f)(2)(iv)(B) of this section. (4) The Sistersville Plant shall con- (vi) The Sistersville Plant shall per- vene a meeting of the Advisory Com- form a WMPP project in accordance mittee no later than thirty days after with the requirements and schedules selection of the stakeholder represent- set forth in paragraphs (f)(2)(vi)(A) atives, and shall convene meetings pe- through (f)(2)(vi)(C) of this section. riodically thereafter as necessary for (A) In performing the WMPP Project, the Advisory Committee to perform its the Sistersville Plant shall use a Study assigned functions. The Sistersville Team and an Advisory Committee as Plant shall direct the Advisory Com- described in paragraphs (f)(2)(vi)(A)(1) mittee to perform the functions de- through (f)(2)(vi)(A)(6) of this section. scribed in paragraphs (f)(2)(vi)(A)(4)(i) through (f)(2)(vi)(A)(4)(iii) of this sec- (1) At a minimum, the multi-func- tion. tional Study Team shall consist of (i) Review and comment upon the Sistersville Plant personnel from ap- Study Team’s criteria for selection of propriate plant departments (including waste streams, and the Study Team’s both management and employees) and identification and prioritization of the an independent contractor. The waste streams to be evaluated during Sistersville Plant shall select a con- the WMPP Project. tractor that has experience and train- (ii) Review and comment upon the ing in WMPP in the chemical manufac- Study Team progress reports and the turing industry. draft WMPP Study Report. (2) The Sistersville Plant shall direct (iii) Periodically review the effective- the Study Team such that the team ness of WMPP opportunities imple- performs the functions described in mented as part of the WMPP Project, paragraphs (f)(2)(vi)(A)( )( ) through 2 i and, where appropriate, WMPP oppor- (f)(2)(vi)(A)( )( ) of this section. 2 v tunities previously determined to be (i) Review Sistersville Plant oper- infeasible by the Sistersville Plant but ations and waste streams. which had potential for feasibility in (ii) Review prior WMPP efforts at the the future. Sistersville Plant. (5) Beginning on January 15, 1998, and (iii) Develop criteria for the selection every ninety (90) days thereafter until of waste streams to be evaluated for submission of the final WMPP Study the WMPP Project. Report required by paragraph (iv) Identify and prioritize the waste (f)(2)(vi)(C) of this section, the streams to be evaluated during the Sistersville Plant shall direct the study phase of the WMPP Project, Study Team to submit a progress re- based on the criteria described in para- port to the Advisory Committee detail- graph (f)(2)(vi)(A)(2)(iii) of this section. ing its efforts during the prior ninety (v) Perform the WMPP Study as re- (90) day period. quired by paragraphs (f)(2)(vi)(A)(3) (B) The Sistersville Plant shall en- through (f)(2)(vi)(A)(5), paragraph sure that the WMPP Study and the
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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 (2) The WMPP Study shall evaluate purposes of the WMPP Project, the the source, nature, and volume of the Sistersville Plant shall use ‘‘An Intro- waste streams; describe all the WMPP duction to Environmental Accounting opportunities identified by the Study as a Business Management Tool,’’ (EPA Team; provide a feasibility screening 742/R–95/001) as one tool to identify the to evaluate the technical and economi- full environmental costs and benefits cal feasibility of each of the WMPP op- of each WMPP opportunity. portunities; identify any cross-media (2) In implementing each WMPP op- impacts or any anticipated transfers of portunity, the Sistersville Plant shall, risk associated with each feasible after consulting with the other mem- WMPP opportunity; and identify the bers of the Advisory Committee, de- projected economic savings and pro- velop appropriate protocols and meth- jected quantitative waste reduction es- ods for determining the information re- timates for each WMPP opportunity quired by paragraphs (f)(2)(vi)(2)(i) identified. through (f)(2)(vi)(2)(iii) of this section. (3) No later than October 19, 1998, the (i) The overall volume of wastes re- Sistersville Plant shall prepare and duced. submit to the members of the Advisory (ii) The quantities of each con- Committee a draft WMPP Study Re- stituent identified in paragraph (f)(8) of port which, at a minimum, includes the this section reduced in the wastes. results of the WMPP Study, identifies (iii) The economic benefits achieved. WMPP opportunities the Sistersville (3) No requirements of paragraph Plant determines to be feasible, dis- (f)(2)(vi) of this section are intended to cusses the basis for excluding other op- prevent or restrict the Sistersville portunities as not feasible, and makes Plant from evaluating and imple- recommendations as to whether the menting any WMPP opportunities at WMPP Study should be continued. The the Sistersville Plant in the normal members of the Advisory Committee course of its operations or from imple- shall provide any comments to the menting, prior to the completion of the Sistersville Plant within thirty (30) WMPP Study, any WMPP opportuni- days of receiving the WMPP Study Re- ties identified by the Study Team. port. (vii) The Sistersville Plant shall (C) Within thirty (30) days after re- maintain on-site each record required ceipt of comments from the members by paragraph (f)(2) of this section, of the Advisory Committee, the through the MON Compliance Date. Sistersville Plant shall submit to EPA (viii) The Sistersville Plant shall and WVDEP a final WMPP Study Re- comply with the reporting require- port which identifies those WMPP op- ments of paragraphs (f)(2)(viii)(A) portunities the Sistersville Plant de- through (f)(2)(viii)(G) of this section. termines to be feasible and includes an (A) At least sixty days prior to con- implementation schedule for each such ducting the initial performance test of WMPP opportunity. The Sistersville the thermal incinerator, the Plant shall make reasonable efforts to Sistersville Plant shall submit to EPA implement all feasible WMPP opportu- and WVDEP copies of a notification of nities in accordance with the priorities performance test, as described in 40 identified in the implementation CFR 63.7(b). Following the initial per- schedule. formance test of the thermal inciner- (1) For purposes of this section, a ator, the Sistersville Plant shall sub- WMPP opportunity is feasible if the mit to EPA and WVDEP copies of the Sistersville Plant considers it to be performance test results that include
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the information relevant to initial per- (10) Beginning in the year after the formance tests of thermal incinerators Sistersville Plant submits the final contained in 40 CFR 63.7(g)(1), 40 CFR WMPP Study Report required by para- 63.117(a)(4)(i), and 40 CFR graph (f)(2)(vi)(C) of this section, and 63.117(a)(4)(ii). continuing in each subsequent Semi- (B) Beginning in 1999, on January 31 annual Report required by paragraph of each year, the Sistersville Plant (f)(2)(viii)(B) of this section, the shall submit a semiannual written re- Sistersville Plant shall report on the port to the EPA and WVDEP, with re- progress of the implementation of fea- spect to the preceding six month period sible WMPP opportunities identified in ending on December 31, which contains the WMPP Study Report. The Semi- the information described in para- annual Report required by paragraph graphs (f)(2)(viii)(B)(1) through (f)(2)(viii)(B) of this section shall iden- (f)(2)(viii)(B)(10) of this section. tify any cross-media impacts or im- (1) Instances of operating below the pacts to worker safety or community minimum operating temperature es- health issues that have occurred as a tablished for the thermal incinerator result of implementation of the fea- under paragraph (f)(2)(ii)(A)(1) of this sible WMPP opportunities. section which were not corrected with- (C) Beginning in 1999, on July 31 of in 24 hours of onset. each year, the Sistersville Plant shall (2) Any periods during which the cap- provide an Annual Project Report to per unit was being operated to manu- the EPA and WVDEP Project XL con- facture product while the flow indi- tacts containing the information re- cator for the vent streams to the ther- quired by paragraphs (f)(2)(viii)(C)(1) mal incinerator showed no flow. through (f)(2)(viii)(C)(8) of this section. (3) Any periods during which the cap- (1) The categories of information re- per unit was being operated to manu- quired to be submitted under para- facture product while the flow indi- graphs (f)(2)(viii)(B)(1) through cator for any bypass device on the (f)(2)(viii)(B)(8) of this section, for the closed vent system to the thermal in- preceding 12 month period ending on cinerator showed flow. June 30. (4) Information required to be re- ported during that six month period (2) An updated Emissions Analysis under the preconstruction permit for January through December of the issued under the state permitting pro- preceding calendar year. The gram approved under subpart XX of 40 Sistersville Plant shall submit the up- CFR Part 52—Approval and Promulga- dated Emissions Analysis in a form tion of Implementation Plans for West substantially equivalent to the pre- Virginia. vious Emissions Analysis prepared by (5) Any periods during which the cap- the Sistersville Plant to support per unit was being operated to manu- Project XL. The Emissions Analysis facture product while the condenser as- shall include a comparison of the vola- sociated with the methanol recovery tile organic emissions associated with operation was not in operation. the capper unit process vents and the (6) The amount (in pounds and by wastewater treatment system (using month) of methanol collected by the the EPA Water 8 model or other model methanol recovery operation during agreed to by the Sistersville Plant, the six month period. EPA and WVDEP) under Project XL (7) The amount (in pounds and by with the expected emissions from those month) of collected methanol utilized sources absent Project XL during that for reuse, recovery, thermal recovery/ period. treatment, or bio-treatment, respec- (3) A discussion of the Sistersville tively, during the six month period. Plant’s performance in meeting the re- (8) The calculated amount (in pounds quirements of this section, specifically and by month) of methanol generated identifying any areas in which the by operating the capper unit. Sistersville Plant either exceeded or (9) The status of the WMPP Project, failed to achieve any such standard. including the status of developing the (4) A description of any unantici- WMPP Study Report. pated problems in implementing the
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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 (ii) A description of the WMPP oppor- mailing list and to be provided to at tunities initiated and/or completed. least one local newspaper of general (iii) Reductions in volume of waste circulation) of each such document, generated and amounts of each con- and provide a copy of each document to stituent reduced in wastes including any such person upon request, subject any constituents identified in para- to the provisions of 40 CFR part 2. graph (f)(8) of this section. (2) Any reports or other information (iv) An economic benefits analysis. submitted to EPA or WVDEP may be (v) A summary of the results of the released to the public pursuant to the Advisory Committee’s review of imple- Federal Freedom of Information Act mented WMPP opportunities. (42 U.S.C. 552 et seq.), subject to the (vi) A reevaluation of WMPP opportu- provisions of 40 CFR part 2. nities previously determined to be in- (F) The Sistersville Plant shall make feasible by the Sistersville Plant but all supporting monitoring results and which had potential for future feasi- records required under paragraph (f)(2) bility. of this section available to EPA and (6) An assessment of the nature of, WVDEP within a reasonable amount of and the successes or problems associ- time after receipt of a written request ated with, the Sistersville Plant’s from those Agencies, subject to the interaction with the federal and state provisions of 40 CFR Part 2. agencies under the Project. (G) Each report submitted by the (7) An update on stakeholder involve- Sistersville Plant under the require- ment efforts. ments of paragraph (f)(2) of this section (8) An evaluation of the Project as shall be certified by a Responsible Cor- implemented against the Project XL porate Officer, as defined in 40 CFR Criteria and the baseline scenario. 270.11(a)(1). (D) The Sistersville Plant shall sub- mit to the EPA and WVDEP Project (H) For each report submitted in ac- XL contacts a written Final Project cordance with paragraph (f)(2) of this Report covering the period during section, the Sistersville Plant shall which the temporary deferral was ef- send one copy each to the addresses in fective, as described in paragraph (f)(3) paragraphs (f)(2)(viii) (H)(1) through of this section. (H)(3) of this section. (1) The Final Project Report shall (1) U.S. EPA Region 3, 1650 Arch contain the information required to be Street, Philadelphia, PA 19103–2029, At- submitted for the Semiannual Report tention Tad Radzinski, Mail Code required under paragraph (f)(2)(viii)(B) 3WC11. of this section, and the Annual Project (2) U.S. EPA, 401 M Street SW, Wash- Report required under paragraph ington, DC 20460, Attention L. Nancy (f)(2)(viii)(C) of this section. Birnbaum, Mail Code 2129. (2) The Sistersville Plant shall sub- (3) West Virginia Division of Environ- mit the Final Project Report to EPA mental Protection, Office of Air Qual- and WVDEP no later than 180 days ity, 1558 Washington Street East, after the temporary deferral of para- Charleston, WV 25311–2599, Attention graph (f)(1) of this section is revoked, John H. Johnston. or 180 days after the MON Compliance (3) Effective period and revocation of Date, whichever occurs first. temporary deferral. (E)(1) The Sistersville Plant shall re- (i) The temporary deferral contained tain on-site a complete copy of each of in this section is effective from April 1, the report documents to be submitted 1998, and shall remain effective until
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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. ments deferred by this section no later (iii) To determine compliance with than the MON Compliance Date. No the 20 parts per million by volume TOC later than 18 months prior to the MON limit in paragraph (f)(2)(ii)(A)(1) of this Compliance Date, the Sistersville section, the Sistersville Plant shall use Plant shall submit to EPA an imple- Method 18 of 40 CFR part 60, appendix mentation schedule that meets the re- A to measure TOC minus methane and quirements of paragraph (g)(1)(iii) of ethane. Alternatively, any other meth- this section. od or data that has been validated ac- (iv) The temporary deferral con- cording to the applicable procedures in tained in this section may be revoked Method 301 of 40 CFR part 63, appendix for cause, as determined by EPA, prior A, may be used. The following proce- to the MON Compliance Date. The dures shall be used to calculate parts per million by volume concentration, Sistersville Plant may request EPA to corrected to 3 percent oxygen: revoke the temporary deferral con- (A) The minimum sampling time for tained in this section at any time. The each run shall be 1 hour in which either revocation shall be effective on the an integrated sample or a minimum of date that the Sistersville Plant re- four grab samples shall be taken. If ceives written notification of revoca- grab sampling is used, then the sam- tion from EPA. ples shall be taken at approximately (v) Nothing in this section shall af- equal intervals in time, such as 15 fect the provisions of the MON, as ap- minute intervals during the run. plicable to the Sistersville Plant. (B) The concentration of TOC minus (vi) Nothing in paragrahs (f) or (g) of methane and ethane (CTOC) shall be cal- this section shall affect any regulatory culated as the sum of the concentra- requirements not referenced in para- tions of the individual components, and graph (f)(1)(iii) of this section, as appli- shall be computed for each run using cable to the Sistersville Plant. the following equation: (4) The Sistersville Plant shall con- duct the initial performance test re- n quired by paragraph (f)(2)(ii)(B) of this ∑C ji section using the procedures in para- x j=1 graph (f)(4) of this section. The organic C = ∑ concentration and percent reduction TOC = x shall be measured as TOC minus meth- i 1 ane and ethane, according to the proce- Where: dures specified in paragraph (f)(4) of CTOC=Concentration of TOC (minus methane this section. and ethane), dry basis, parts per million by volume. (i) Method 1 or 1A of 40 CFR part 60, Cji=Concentration of sample components j of appendix A, as appropriate, shall be sample i, dry basis, parts per million by used for selection of the sampling sites. volume. (A) To determine compliance with n=Number of components in the sample. the 98 percent reduction of TOC re- x=Number of samples in the sample run. quirement of paragraph (f)(2)(ii)(A)(1) (C) The concentration of TOC shall be of this section, sampling sites shall be corrected to 3 percent oxygen if a com- located at the inlet of the control de- bustion device is the control device. vice after the final product recovery (1) The emission rate correction fac- device, and at the outlet of the control tor or excess air, integrated sampling device. and analysis procedures of Method 3B
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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 of the control device, respectively, dry centration (%O2d). The samples shall be taken during the same time that the basis, parts per million by volume. Ei, Eo=Mass rate of TOC (minus methane and TOC (minus methane or ethane) sam- ethane) at the inlet and outlet of the ples are taken. 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 outlet of the control device, respectively, gram/gram-mole. 17. 9 Q Q =Flow rate of gas stream at the inlet = i, o CCcm and outlet of the control device, respec- 20.% 9 O2d tively, dry standard cubic meter per Where: minute. ¥6 K2=Constant, 2.494 × 10 (parts per mil- Cc=Concentration of TOC corrected to 3 per- lion)¥1 (gram-mole per standard cubic cent oxygen, dry basis, parts per million meter) (kilogram/gram) (minute/hour), by volume. where standard temperature (gram-mole Cm=Concentration of TOC (minus methane per standard cubic meter) is 20 °C. and ethane), dry basis, parts per million by volume. (C) The percent reduction in TOC (minus methane and ethane) shall be %O2d=Concentration of oxygen, dry basis, percent by volume. calculated as follows: (iv) To determine compliance with EE the 98 percent reduction requirement of R = io()100 paragraph (f)(2)(ii)(A)(1) of this section, Ei the Sistersville Plant shall use Method where: 18 of 40 CFR part 60, appendix A; alter- R=Control efficiency of control device, per- natively, any other method or data cent. that has been validated according to Ei=Mass rate of TOC (minus methane and the applicable procedures in Method 301 ethane) at the inlet to the control device of 40 CFR part 63, appendix A may be as calculated under paragraph used. The following procedures shall be (f)(4)(iv)(B) of this section, kilograms used to calculate percent reduction ef- TOC per hour. Eo=Mass rate of TOC (minus methane and ficiency: ethane) at the outlet of the control de- (A) The minimum sampling time for vice, as calculated under paragraph each run shall be 1 hour in which either (f)(4)(iv)(B) of this section, kilograms an integrated sample or a minimum of TOC per hour. four grab samples shall be taken. If (5) At the time of the initial perform- grab sampling is used, then the sam- ance test of the process vent thermal ples shall be taken at approximately incinerator required under paragraph equal intervals in time such as 15 (f)(2)(ii)(B) of this section, the minute intervals during the run. Sistersville Plant shall inspect each (B) The mass rate of TOC minus closed vent system according to the methane and ethane (Ei, Eo) shall be procedures specified in paragraphs computed. All organic compounds (f)(5)(i) through (f)(5)(vi) of this sec- (minus methane and ethane) measured tion. by Method 18 of 40 CFR part 60, Appen- (i) The initial inspections shall be dix A are summed using the following conducted in accordance with Method equations: 21 of 40 CFR part 60, appendix A. (ii)(A) Except as provided in para- n graph (f)(5)(ii)(B) of this section, the EK= ∑ CMQ detection instrument shall meet the iijij2 i performance criteria of Method 21 of 40 j=1 CFR part 60, appendix A, except the in- n strument response factor criteria in EK= ∑ CMQ section 3.1.2(a) of Method 21 of 40 CFR oojoj2 o part 60, appendix A shall be for the av- = j 1 erage composition of the process fluid Where: not each individual volatile organic
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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 (B) If no instrument is available at vapor from the capper unit process the plant site that will meet the per- vent to the thermal incinerator. formance criteria specified in para- (ii) No detectable emissions means an graph (f)(5)(ii)(A) of this section, the instrument reading of less than 500 instrument readings may be adjusted parts per million by volume above by multiplying by the average response background as determined by Method factor of the process fluid, calculated 21 in 40 CFR part 60. on an inert-free basis as described in (iii) Reuse includes the substitution paragraph (f)(5)(ii)(A) of this section. of collected methanol (without rec- (iii) The detection instrument shall lamation subsequent to its collection) be calibrated before use on each day of for virgin methanol as an ingredient its use by the procedures specified in (including uses as an intermediate) or Method 21 of 40 CFR part 60, appendix as an effective substitute for a com- A. mercial product. (iv) Calibration gases shall be as fol- (iv) Recovery includes the substi- lows: (A) Zero air (less than 10 parts per tution of collected methanol for virgin million hydrocarbon in air); and methanol as an ingredient (including (B) Mixtures of methane in air at a uses as an intermediate) or as an effec- concentration less than 10,000 parts per tive substitute for a commercial prod- million. A calibration gas other than uct following reclamation of the meth- methane in air may be used if the in- anol subsequent to its collection. strument does not respond to methane (v) Thermal recovery/treatment in- or if the instrument does not meet the cludes the use of collected methanol in performance criteria specified in para- fuels blending or as a feed to any com- graph (f)(5)(ii)(A) of this section. In bustion device to the extent permitted such cases, the calibration gas may be by federal and state law. a mixture of one or more of the com- (vi) Bio-treatment includes the treat- pounds to be measured in air. ment of the collected methanol (v) The Sistersville Plant may elect through introduction into a biological to adjust or not adjust instrument treatment system, including the treat- readings for background. If the ment of the collected methanol as a Sistersville Plant elects to not adjust waste stream in an on-site or off-site readings for background, all such in- wastewater treatment system. Intro- strument readings shall be compared duction of the collected methanol to directly to the applicable leak defini- the on-site wastewater treatment sys- tion to determine whether there is a tem will be limited to points down- leak. If the Sistersville Plant elects to stream of the surface impoundments, adjust instrument readings for back- and will be consistent with the require- ground, the Sistersville Plant shall ments of federal and state law. measure background concentration (vii) Start-up shall have the meaning using the procedures in 40 CFR 63.180(b) set forth at 40 CFR 63.2. and (c). The Sistersville Plant shall (viii) Flow indicator means a device subtract background reading from the which indicates whether gas flow is maximum concentration indicated by present in the vent stream, and, if re- the instrument. quired by the permit for the thermal (vi) The arithmetic difference be- incinerator, which measures the gas tween the maximum concentration in- flow in that stream. dicated by the instrument and the (ix) Continuous Recorder means a background level shall be compared data recording device that records an with 500 parts per million for deter- instantaneous data value at least once mining compliance. every fifteen minutes.
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(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 (xi) MON Compliance Date means the Dichlorobenzene; 1,4 Dichloro 2 butene; date 3 years after the effective date of 1,4 Dioxane; 2 Chlorophenol; 2 the National Emission Standards for Cyclohexyl 4,6 dinitrophenol; 2 Methyl Hazardous Air Pollutants for the Pyridine; 2 Nitropropane; 2, 4-Di-nitro- source category Miscellaneous Organic toluene; Acetone; Acetonitrile; Acrylo- Chemical Production and Processes nitrile; Allyl Alcohol; Aniline; Anti- (‘‘MON’’). mony; Arsenic; Barium; Benzene; (7) OSi Specialties, Incorporated, a Benzotrichloride; Benzyl Chloride; Be- subsidiary of Witco Corporation ryllium; Bis (2 ethyl Hexyl) Phthalate; (‘‘OSi’’), may seek to transfer its rights Butyl Alcohol, n; Butyl Benzyl Phthal- and obligations under this section to a ate; Cadmium; Carbon Disulfide; Car- future owner of the Sistersville Plant bon Tetrachloride; Chlorobenzene; in accordance with the requirements of Chloroform; Chloromethane; Chro- paragraphs (f)(7)(i) through (f)(7)(iii) of mium; Chrysene; Copper; Creosol; Cre- this section. osol, m-; Creosol, o; Creosol, p; Cya- (i) OSi will provide to EPA a written nide; Cyclohexanone; Di-n-octyl notice of any proposed transfer at least phthalate; Dichlorodiflouromethane; forty-five days prior to the effective Diethyl Phthalate; Dihydrosafrole; Di- date of any such transfer. The written methylamine; Ethyl Acetate; Ethyl notice will identify the proposed trans- benzene; Ethyl Ether; Ethylene Glycol feree. Ethyl Ether; Ethylene Oxide; Form- (ii) The proposed transferee will pro- aldehyde; Isobutyl Alcohol; Lead; Mer- vide to EPA a written request to as- cury; Methanol; Methoxychlor; Methyl sume the rights and obligations under Chloride; Methyl Chloroformate; Meth- this section at least forty-five days prior to the effective date of any such yl Ethyl Ketone; Methyl Ethyl Ketone transfer. The written request will de- Peroxide; Methyl Isobutyl Ketone; scribe the transferee’s financial and Methyl Methacrylate; Methylene Bro- technical capability to assume the ob- mide; Methylene Chloride; Naph- ligations under this section, and will thalene; Nickel; Nitrobenzene; include a statement of the transferee’s Nitroglycerine; p-Toluidine; Phenol; intention to fully comply with the Phthalic Anhydride; Polychlorinated terms of this section and to sign the Biphenyls; Propargyl Alcohol; Pyri- Final Project Agreement for this XL dine; Safrole; Selenium; Silver; Sty- Project as an additional party. rene; Tetrachloroethylene; Tetrahydro- (iii) Within thirty days of receipt of furan; Thallium; Toluene; Toluene 2,4 both the written notice and written re- Diisocyanate; Trichloroethylene; quest described in paragraphs (f)(7)(i) Trichloroflouromethane; Vanadium; and (f)(7)(ii) of this section, EPA will Vinyl Chloride; Warfarin; Xylene; Zinc. determine, based on all relevant infor- (g) This section applies only to the mation, whether to approve a transfer facility commonly referred to as the of rights and obligations under this OSi Specialties Plant, located on State section from OSi to a different owner. Route 2, Sistersville, West Virginia (8) The constituents to be identified (‘‘Sistersville Plant’’). by the Sistersville Plant pursuant to (1)(i) No later than 18 months from paragraphs (f)(2)(vi)(C)(2)(ii) and the date the Sistersville Plant receives (f)(2)(viii)(C)(5)(iii) of this section are: 1 written notification of revocation of Naphthalenamine; 1, 2, 4 the temporary deferral for the Trichlorobenzene; 1,1 Dichloroethylene; Sistersville Plant under paragraph (f) 1,1,1 Trichloroethane; 1,1,1,2 of this section, the Sistersville Plant Tetrachloroethane; 1,1,2 Trichloro 1,2,2 shall, in accordance with the imple- Triflouroethane; 1,1,2 Trichloroethane; mentation schedule submitted to EPA
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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 surface impoundments. In any event, Plant receives written notification of the Sistersville Plant must complete revocation, or the MON Compliance the requirements of the previous sen- Date, whichever is sooner) such that tence no later than the MON Compli- the requirements of § 265.1086 are no ance Date; if the Sistersville Plant re- longer applicable to the two hazardous ceives written notification of revoca- waste surface impoundments. tion of the temporary deferral after the (iii) The implementation schedule date 18 months prior to the MON Com- shall include the information described pliance Date, the date by which the in either paragraph (g)(1)(iii)(A) or (B) Sistersville Plant must complete the of this section. requirements of the previous sentence (A) Specific calendar dates for: award will be the MON Compliance Date, of contracts or issuance of purchase or- which would be less than 18 months ders for the control equipment required from the date of notification of revoca- by those regulatory requirements that tion. had been deferred by paragraph (f)(1)(i) (ii) Within 30 days from the date the of this section; initiation of on-site in- Sistersville Plant receives written no- stallation of such control equipment; tification of revocation under para- completion of the control equipment graph (f)(3)(iv) of this section, the installation; performance of any test- Sistersville Plant shall enter and ing to demonstrate that the installed maintain in the facility operating control equipment meets the applica- record an implementation schedule. ble standards of this subpart; initiation The implementation schedule shall of operation of the control equipment; demonstrate that within 18 months and compliance with all regulatory re- from the date the Sistersville Plant re- quirements that had been deferred by ceives written notification of revoca- paragraph (f)(1)(i) of this section. tion under paragraph (f)(3)(iv) of this section (but no later than the MON (B) Specific calendar dates for the Compliance Date), the Sistersville purchase, installation, performance Plant shall either come into compli- testing and initiation of operation of ance with the regulatory requirements equipment to accomplish a facility or that had been deferred by paragraph process modification such that the re- (f)(1)(i) of this section, or complete a quirements of § 265.1086 are no longer facility or process modification such applicable to the two hazardous waste that the requirements of § 265.1086 are surface impoundments. no longer applicable to the two haz- (2) Nothing in paragraphs (f) or (g) of ardous waste surface impoundments. this section shall affect any regulatory Within 30 days from the date the requirements not referenced in para- Sistersville Plant receives written no- graph (f)(2)(i) or (ii) of this section, as tification of revocation under para- applicable to the Sistersville Plant. graph (f)(3)(iv) of this section, the (3) In the event that a notification of Sistersville Plant shall submit a copy revocation is issued pursuant to para- of the implementation schedule to the graph (f)(3)(iv) of this section, the re- EPA and WVDEP Project XL contacts quirements referenced in paragraph identified in paragraph (f)(2)(viii)(H) of (f)(1)(iii) of this section are tempo- this section. The implementation rarily deferred, with respect to the two schedule shall reflect the Sistersville hazardous waste surface impound- Plant’s effort to come into compliance ments, provided that the Sistersville as soon as practicable (but no later Plant is in compliance with the re- than 18 months after the date the quirements of paragraphs (f)(2)(ii), Sistersville Plant receives written no- (f)(2)(iii), (f)(2)(iv), (f)(2)(v), (f)(2)(vi)
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and (g) of this section, except as pro- Average volatile organic concentration vided under paragraph (g)(4) of this sec- or average VO concentration means the tion. The temporary deferral of the mass-weighted average volatile organic previous sentence shall be effective be- concentration of a hazardous waste as ginning on the date the Sistersville determined in accordance with the re- Plant receives written notification of quirements of § 265.1084 of this subpart. revocation, and subject to paragraph Closure device means a cap, hatch, lid, (g)(5) of this section, shall continue to plug, seal, valve, or other type of fit- be effective for a maximum period of 18 ting that blocks an opening in a cover months from that date, provided that such that when the device is secured in the Sistersville Plant is in compliance with the requirements of paragraphs the closed position it prevents or re- (f)(2)(ii), (f)(2)(iii), (f)(2)(iv), (f)(2)(v), duces air pollutant emissions to the at- (f)(2)(vi) and (g) of this section at all mosphere. Closure devices include de- times during that 18-month period. vices that are detachable from the (4) In the event that a notification of cover (e.g., a sampling port cap), manu- revocation is issued pursuant to para- ally operated (e.g., a hinged access lid graph (f)(3)(iv) of this section as a re- or hatch), or automatically operated sult of the permanent removal of the (e.g., a spring-loaded pressure relief capper unit from methyl capped valve). polyether production service, the re- Continuous seal means a seal that quirements referenced in paragraph forms a continuous closure that com- (f)(1)(iii) of this section are tempo- pletely covers the space between the rarily deferred, with respect to the two edge of the floating roof and the wall of hazardous waste surface impound- a tank. A continuous seal may be a ments, provided that the Sistersville vapor-mounted seal, liquid-mounted Plant is in compliance with the re- seal, or metallic shoe seal. A contin- quirements of paragraphs (f)(2)(vi), and (g) of this section. The temporary de- uous seal may be constructed of fas- ferral of the previous sentence shall be tened segments so as to form a contin- effective beginning on the date the uous seal. Sistersville Plant receives written no- Cover means a device that provides a tification of revocation, and subject to continuous barrier over the hazardous paragraph (g)(5) of this section, shall waste managed in a unit to prevent or continue to be effective for a maximum reduce air pollutant emissions to the period of 18 months from that date, atmosphere. A cover may have open- provided that the Sistersville Plant is ings (such as access hatches, sampling in compliance with the requirements of ports, gauge wells) that are necessary paragraphs (f)(2)(vi) and (g) of this sec- for operation, inspection, maintenance, tion at all times during that 18-month and repair of the unit on which the period. cover is used. A cover may be a sepa- (5) In no event shall the temporary rate piece of equipment which can be deferral provided under paragraph detached and removed from the unit or (g)(3) or (g)(4) of this section be effec- a cover may be formed by structural tive after the MON Compliance Date. features permanently integrated into [59 FR 62935, Dec. 6, 1994, as amended at 60 the design of the unit. FR 26829, May 19, 1995; 60 FR 50429, Sept. 29, Enclosure means a structure that sur- 1995; 60 FR 56953, Nov. 13, 1995; 61 FR 28510, rounds a tank or container, captures June 5, 1996; 61 FR 59971, Nov. 25, 1996; 62 FR 52642, Oct. 8, 1997; 62 FR 64662, Dec. 8, 1997; 63 organic vapors emitted from the tank FR 11139, Mar. 6, 1998; 63 FR 19838, Apr. 22, or container, and vents the captured 1998; 63 FR 49399, Sept. 15, 1998; 63 FR 53847, vapors through a closed-vent system to Oct. 7, 1998; 64 FR 3389, Jan. 21, 1999] a control device. External floating roof means a pon- § 265.1081 Definitions. toon-type or double-deck type cover As used in this subpart, all terms not that rests on the surface of the mate- defined herein shall have the meaning rial managed in a tank with no fixed given to them in the Act and parts 260 roof. through 266 of this chapter.
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Fixed roof means a cover that is wastes, etc.) reasonably expected to mounted on a unit in a stationary posi- occur in the tank. For the purpose of tion and does not move with fluctua- this subpart, maximum organic vapor tions in the level of the material man- pressure is determined using the proce- aged in the unit. dures specified in § 265.1084(c) of this Floating membrane cover means a subpart. cover consisting of a synthetic flexible Metallic shoe seal means a continuous membrane material that rests upon seal that is constructed of metal sheets and is supported by the hazardous which are held vertically against the waste being managed in a surface im- wall of the tank by springs, weighted poundment. levers, or other mechanisms and is con- Floating roof means a cover con- nected to the floating roof by braces or sisting of a double deck, pontoon single other means. A flexible coated fabric deck, or internal floating cover which (envelope) spans the annular space be- rests upon and is supported by the ma- tween the metal sheet and the floating terial being contained, and is equipped roof. with a continuous seal. No detectable organic emissions means Hard-piping means pipe or tubing no escape of organics to the atmos- that is manufactured and properly in- phere as determined using the proce- stalled in accordance with relevant dure specified in § 265.1084(d) of this standards and good engineering prac- subpart. tices. Point of waste origination means as In light material service means the follows: container is used to manage a material (1) When the facility owner or oper- for which both of the following condi- ator is the generator of the hazardous tions apply: The vapor pressure of one waste, the point of waste origination or more of the organic constituents in means the point where a solid waste the material is greater than 0.3 produced by a system, process, or kilopascals (kPa) at 20 °C; and the total waste management unit is determined concentration of the pure organic con- to be a hazardous waste as defined in 40 stituents having a vapor pressure CFR part 261. greater than 0.3 kPa at 20 °C is equal to NOTE: In this case, this term is being used in a manner similar to the use of the term or greater than 20 percent by weight. ‘‘point of generation’’ in air standards estab- Internal floating roof means a cover lished for waste management operations that rests or floats on the material sur- under authority of the Clean Air Act in 40 face (but not necessarily in complete CFR parts 60, 61, and 63.] contact with it) inside a tank that has (2) When the facility owner and oper- a fixed roof. ator are not the generator of the haz- Liquid-mounted seal means a foam or ardous waste, point of waste origina- liquid-filled primary seal mounted in tion means the point where the owner contact with the hazardous waste be- or operator accepts delivery or takes tween the tank wall and the floating possession of the hazardous waste. roof continuously around the circum- Point of waste treatment means the ference of the tank. point where a hazardous waste to be Malfunction means any sudden, infre- treated in accordance with quent, and not reasonably preventable § 265.1083(c)(2) of this subpart exits the failure of air pollution control equip- treatment process. Any waste deter- ment, process equipment, or a process mination shall be made before the to operate in a normal or usual man- waste is conveyed, handled, or other- ner. Failures that are caused in part by wise managed in a manner that allows poor maintenance or careless operation the waste to volatilize to the atmos- are not malfunctions. phere. Maximum organic vapor pressure Safety device means a closure device means the sum of the individual or- such as a pressure relief valve, fran- ganic constituent partial pressures ex- gible disc, fusible plug, or any other erted by the material contained in a type of device which functions exclu- tank, at the maximum vapor pressure- sively to prevent physical damage or causing conditions (i.e., temperature, permanent deformation to a unit or its agitation, pH effects of combining air emission control equipment by
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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 signed to remain in a closed position results to the exit concentration limit during normal operations and open specified for the process used to treat only when the internal pressure, or an- the hazardous waste; the organic re- other relevant parameter, exceeds the duction efficiency and the organic bio- device threshold setting applicable to degradation efficiency for a biological the air emission control equipment as determined by the owner or operator process used to treat a hazardous waste based on manufacturer recommenda- and comparing the results to the appli- tions, applicable regulations, fire pro- cable standards; or the maximum vola- tection and prevention codes, standard tile organic vapor pressure for a haz- engineering codes and practices, or ardous waste in a tank and comparing other requirements for the safe han- the results to the applicable standards. dling of flammable, ignitable, explo- Waste stabilization process means any sive, reactive, or hazardous materials. physical or chemical process used to ei- Single-seal system means a floating ther reduce the mobility of hazardous roof having one continuous seal. This constituents in a hazardous waste or seal may be vapor-mounted, liquid- eliminate free liquids as determined by mounted, or a metallic shoe seal. Test Method 9095 (Paint Filter Liquids Vapor-mounted seal means a contin- Test) in ‘‘Test Methods for Evaluating uous seal that is mounted such that Solid Waste, Physical/Chemical Meth- there is a vapor space between the haz- ods,’’ EPA Publication No. SW–846, ardous waste in the unit and the bot- Third Edition, September 1986, as tom of the seal. amended by Update I, November 15, Volatile organic concentration or VO 1992 (incorporated by reference—refer concentration means the fraction by to § 260.11 of this chapter). A waste sta- weight of the volatile organic com- bilization process includes mixing the pounds contained in a hazardous waste hazardous waste with binders or other expressed in terms of parts per million materials, and curing the resulting (ppmw) as determined by direct meas- hazardous waste and binder mixture. urement or by knowledge of the waste Other synonymous terms used to refer in accordance with the requirements of to this process are ‘‘waste fixation’’ or § 265.1084 of this subpart. For the pur- ‘‘waste solidification.’’ This does not in- pose of determining the VO concentra- clude the adding of absorbent materials tion of a hazardous waste, organic com- to the surface of a waste, without mix- pounds with a Henry’s law constant ing, agitation, or subsequent curing, to value of at least 0.1 mole-fraction-in- absorb free liquid. the-gas-phase/mole-fraction-in the liq- uid-phase (0.1 Y/X) (which can also be [59 FR 62935, Dec. 6, 1994, as amended at 61 expressed as 1.8×10¥6 atmospheres/ FR 4914, Feb. 9, 1996; 61 FR 59971, Nov. 25, gram-mole/m3) at 25 degrees Celsius 1996; 62 FR 64662, Dec. 8, 1997] must be included. Appendix VI of this subpart presents a list of compounds § 265.1082 Schedule for implementa- known to have a Henry’s law constant tion of air emission standards. value less than the cutoff level. (a) Owners or operators of facilities Waste determination means per- existing on December 6, 1996 and sub- forming all applicable procedures in ac- ject to subparts I, J, and K of this part cordance with the requirements of shall meet the following requirements:
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(1) Install and begin operation of all (b) Owners or operators of facilities control equipment or waste manage- and units in existence on the effective ment units required to comply with date of a statutory or EPA regulatory this subpart and complete modifica- amendment that renders the facility tions of production or treatment proc- subject to subparts I, J, or K of this esses to satisfy exemption criteria in part shall meet the following require- accordance with § 265.1083(c) of this sub- ments: part by December 6, 1996, except as pro- (1) Install and begin operation of con- vided for in paragraph (a)(2) of this sec- trol equipment or waste management tion. units required to comply with this sub- (2) When control equipment or waste part, and complete modifications of management units required to comply production or treatment processes to with this subpart cannot be installed satisfy exemption criteria of and in operation or modifications of § 265.1083(c) of this subpart by the effec- production or treatment processes to tive date of the amendment, except as satisfy exemption criteria in accord- provided for in paragraph (b)(2) of this ance with § 265.1083(c) of this subpart section. cannot be completed by December 6, (2) When control equipment or waste 1996, the owner or operator shall: management units required to comply (i) Install and begin operation of the with this subpart cannot be installed control equipment and waste manage- and begin operation, or when modifica- ment units, and complete modifica- tions of production or treatment proc- tions of production or treatment proc- esses to satisfy exemption criteria of esses as soon as possible but no later § 265.1083(c) of this subpart cannot be than December 8, 1997. completed by the effective date of the (ii) Prepare an implementation amendment, the owner or operator schedule that includes the following in- shall: formation: specific calendar dates for (i) Install and begin operation of the award of contracts or issuance of pur- control equipment or waste manage- chase orders for control equipment, ment unit, and complete modification waste management units, and produc- of production or treatment processes as tion or treatment process modifica- soon as possible but no later than 30 tions; initiation of on-site installation months after the effective date of the of control equipment or waste manage- amendment. ment units, and modifications of pro- (ii) For facilities subject to the rec- duction or treatment processes; com- ordkeeping requirements of § 265.73 of pletion of control equipment or waste this part, enter and maintain the im- management unit installation, and pro- plementation schedule specified in duction or treatment process modifica- paragraph (a)(2)(ii) of this section in tions; and performance of testing to the operating record no later than the demonstrate that the installed equip- effective date of the amendment, or ment or waste management units, and (iii) For facilities not subject to modified production or treatment proc- § 265.73 of this part, the owner or oper- esses meet the applicable standards of ator shall enter and maintain the im- this subpart. plementation schedule specified in (iii) For facilities subject to the rec- paragraph (a)(2)(ii) of this section in a ordkeeping requirements of § 265.73 of permanent, readily available file lo- this part, the owner or operator shall cated at the facility site no later than enter the implementation schedule the effective date of the amendment. specified in paragraph (a)(2)(ii) of this (c) Owners and operators of facilities section in the operating record no later and units that become newly subject to than December 6, 1996. the requirements of this subpart after (iv) For facilities not subject to December 8, 1997 due to an action other § 265.73 of this part, the owner or oper- than those described in paragraph (b) ator shall enter the implementation of this section must comply with all schedule specified in paragraph applicable requirements immediately (a)(2)(ii) of this section in a permanent, (i.e., must have control devices in- readily available file located at the fa- stalled and operating on the date the cility no later than December 6, 1996. facility or unit becomes subject to this
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subpart; the 30-month implementation (i) A process that removes or de- schedule does not apply). stroys the organics contained in the (d) The Regional Administrator may hazardous waste to a level such that elect to extend the implementation the average VO concentration of the date for control equipment at a facil- hazardous waste at the point of waste ity, on a case by case basis, to a date treatment is less than the exit con- later than December 8, 1997, when spe- centration limit (Ct) established for the cial circumstances that are beyond the process. The average VO concentration facility owner’s or operator’s control of the hazardous waste at the point of delay installation or operation of con- waste treatment and the exit con- trol equipment, and the owner or oper- centration limit for the process shall ator has made all reasonable and pru- be determined using the procedures dent attempts to comply with the re- specified in § 265.1084(b) of this subpart. quirements of this subpart. (ii) A process that removes or de- stroys the organics contained in the [62 FR 64662, Dec. 8, 1997] hazardous waste to a level such that § 265.1083 Standards: General. the organic reduction efficiency (R) for the process is equal to or greater than (a) This section applies to the man- 95 percent, and the average VO con- agement of hazardous waste in tanks, centration of the hazardous waste at surface impoundments, and containers the point of waste treatment is less subject to this subpart. than 100 ppmw. The organic reduction (b) The owner or operator shall con- efficiency for the process and the aver- trol air pollutant emissions from each age VO concentration of the hazardous hazardous waste management unit in waste at the point of waste treatment accordance with standards specified in shall be determined using the proce- §§ 265.1085 through 265.1088 of this sub- dures specified in § 265.1084(b) of this part, as applicable to the hazardous subpart. waste management unit, except as pro- (iii) A process that removes or de- vided for in paragraph (c) of this sec- stroys the organics contained in the tion. hazardous waste to a level such that (c) A tank, surface impoundment, or the actual organic mass removal rate container is exempt from standards (MR) for the process is equal to or specified in § 265.1085 through § 265.1088 greater than the required organic mass of this subpart, as applicable, provided removal rate (RMR) established for the that the waste management unit is one process. The required organic mass re- of the following: moval rate and the actual organic mass (1) A tank, surface impoundment, or removal rate for the process shall be container for which all hazardous determined using the procedures speci- waste entering the unit has an average fied in § 265.1084(b) of this subpart. VO concentration at the point of waste (iv) A biological process that de- origination of less than 500 parts per stroys or degrades the organics con- million by weight (ppmw). The average tained in the hazardous waste, such VO concentration shall be determined that either of the following conditions using the procedures specified in is met: § 265.1084(a) of this subpart. The owner (A) The organic reduction efficiency or operator shall review and update, as (R) for the process is equal to or great- necessary, this determination at least er than 95 percent, and the organic bio- once every 12 months following the degradation efficiency (Rbio) for the date of the initial determination for process is equal to or greater than 95 the hazardous waste streams entering percent. The organic reduction effi- the unit. ciency and the organic biodegradation (2) A tank, surface impoundment, or efficiency for the process shall be de- container for which the organic con- termined using the procedures speci- tent of all the hazardous waste enter- fied in § 265.1084(b) of this subpart. ing the waste management unit has (B) The total actual organic mass been reduced by an organic destruction biodegradation rate (MRbio) for all haz- or removal process that achieves any ardous waste treated by the process is one of the following conditions: equal to or greater than the required
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organic mass removal rate (RMR). The streams entering the process is less required organic mass removal rate than 10,000 ppmw. The organic reduc- and the actual organic mass bio- tion efficiency for the process and the degradation rate for the process shall average VO concentration of the haz- be determined using the procedures ardous waste at the point of waste specified in § 265.1084(b) of this subpart. origination shall be determined using (v) A process that removes or de- the procedures specified in § 265.1084(b) stroys the organics contained in the and § 265.1084(a) of this subpart, respec- hazardous waste and meets all of the tively. following conditions: (vii) A hazardous waste incinerator (A) From the point of waste origina- for which the owner or operator has ei- tion through the point where the haz- ther: ardous waste enters the treatment (A) Been issued a final permit under process, the hazardous waste is man- 40 CFR part 270 which implements the aged continuously in waste manage- ment units which use air emission con- requirements of 40 CFR part 264, sub- trols in accordance with the standards part O; or specified in § 265.1085 through § 265.1088 (B) Has designed and operates the in- of this subpart, as applicable to the cinerator in accordance with the in- waste management unit. terim status requirements of subpart O (B) From the point of waste origina- of this part. tion through the point where the haz- (viii) A boiler or industrial furnace ardous waste enters the treatment for which the owner or operator has ei- process, any transfer of the hazardous ther: waste is accomplished through contin- (A) Been issued a final permit under uous hard-piping or other closed sys- 40 CFR part 270 which implements the tem transfer that does not allow expo- requirements of 40 CFR part 266, sub- sure of the waste to the atmosphere. part H, or The EPA considers a drain system that (B) Has designed and operates the meets the requirements of 40 CFR part boiler or industrial furnace in accord- 63, subpart RR—National Emission ance with the interim status require- Standards for Individual Drain Sys- ments of 40 CFR part 266, subpart H. tems to be a closed system. (ix) For the purpose of determining (C) The average VO concentration of the performance of an organic destruc- the hazardous waste at the point of tion or removal process in accordance waste treatment is less than the lowest with the conditions in each of para- average VO concentration at the point graphs (c)(2)(i) through (c)(2)(vi) of this of waste origination determined for section, the owner or operator shall ac- each of the individual waste streams count for VO concentrations deter- entering the process or 500 ppmw, mined to be below the limit of detec- whichever value is lower. The average tion of the analytical method by using VO concentration of each individual the following VO concentration: waste stream at the point of waste origination shall be determined using (A) If Method 25D in 40 CFR part 60, the procedures specified in § 265.1084(a) appendix A is used for the analysis, of this subpart. The average VO con- one-half the blank value determined in centration of the hazardous waste at the method at section 4.4 of Method the point of waste treatment shall be 25D in 40 CFR part 60, appendix A, or a determined using the procedures speci- value of 25 ppmw, whichever is less. fied in § 265.1084(b) of this subpart. (B) If any other analytical method is (vi) A process that removes or de- used, one-half the sum of the limits of stroys the organics contained in the detection established for each organic hazardous waste to a level such that constituent in the waste that has a the organic reduction efficiency (R) for Henry’s law constant value at least 0.1 the process is equal to or greater than mole-fraction-in-the-gas-phase/mole- 95 percent and the owner or operator fraction-in-the-liquid-phase (0.1 Y/X) certifies that the average VO con- [which can also be expressed as 1.8 x centration at the point of waste origi- 10¥6 atmospheres/gram-mole/m3] at 25 nation for each of the individual waste degrees Celsius.
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(3) A tank or surface impoundment Verification of a Permanent or Tem- used for biological treatment of haz- porary Total Enclosure’’ annually. ardous waste in accordance with the (d) The Regional Administrator may requirements of paragraph (c)(2)(iv) of at any time perform or request that this section. the owner or operator perform a waste (4) A tank, surface impoundment, or determination for a hazardous waste container for which all hazardous managed in a tank, surface impound- waste placed in the unit either: ment, or container exempted from (i) Meets the numerical concentra- using air emission controls under the tion limits for organic hazardous con- provisions of this section as follows: stituents, applicable to the hazardous (1) The waste determination for aver- waste, as specified in 40 CFR part 268— age VO concentration of a hazardous Land Disposal Restrictions under Table waste at the point of waste origination ‘‘Treatment Standards for Hazardous shall be performed using direct meas- Waste’’ in 40 CFR 268.40; or urement in accordance with the appli- (ii) The organic hazardous constitu- cable requirements of § 265.1084(a) of ents in the waste have been treated by this subpart. The waste determination the treatment technology established for a hazardous waste at the point of by the EPA for the waste in 40 CFR waste treatment shall be performed in 268.42(a), or have been removed or de- accordance with the applicable require- stroyed by an equivalent method of ments of § 265.1084(b) of this subpart. treatment approved by EPA pursuant (2) In performing a waste determina- to 40 CFR 268.42(b). tion pursuant to paragraph (d)(1) of (5) A tank used for bulk feed of haz- this section, the sample preparation ardous waste to a waste incinerator and analysis shall be conducted as fol- and all of the following conditions are lows: met: (i) In accordance with the method (i) The tank is located inside an en- used by the owner or operator to per- closure vented to a control device that form the waste analysis, except in the is designed and operated in accordance case specified in paragraph (d)(2)(ii) of with all applicable requirements speci- this section. fied under 40 CFR part 61, subpart FF— (ii) If the Regional Administrator de- National Emission Standards for Ben- termines that the method used by the zene Waste Operations for a facility at owner or operator was not appropriate which the total annual benzene quan- for the hazardous waste managed in tity from the facility waste is equal to the tank, surface impoundment, or or greater than 10 megagrams per year; container, then the Regional Adminis- (ii) The enclosure and control device trator may choose an appropriate serving the tank were installed and method. began operation prior to November 25, (3) In a case when the owner or oper- 1996; and ator is requested to perform the waste (iii) The enclosure is designed and op- determination, the Regional Adminis- erated in accordance with the criteria trator may elect to have an authorized for a permanent total enclosure as representative observe the collection of specified in ‘‘Procedure T—Criteria for the hazardous waste samples used for and Verification of a Permanent or the analysis. Temporary Total Enclosure’’ under 40 (4) In a case when the results of the CFR 52.741, Appendix B. The enclosure waste determination performed or re- may have permanent or temporary quested by the Regional Administrator openings to allow worker access; pas- do not agree with the results of a waste sage of material into or out of the en- determination performed by the owner closure by conveyor, vehicles, or other or operator using knowledge of the mechanical or electrical equipment; or waste, then the results of the waste de- to direct air flow into the enclosure. termination performed in accordance The owner or operator shall perform with the requirements of paragraph the verification procedure for the en- (d)(1) of this section shall be used to es- closure as specified in Section 5.0 to tablish compliance with the require- ‘‘Procedure T—Criteria for and ments of this subpart. 568
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(5) In a case when the owner or oper- § 265.1084 Waste determination proce- ator has used an averaging period dures. greater than 1 hour for determining the (a) Waste determination procedure to average VO concentration of a haz- determine average volatile organic ardous waste at the point of waste (VO) concentration of a hazardous origination, the Regional Adminis- waste at the point of waste origination. trator may elect to establish compli- (1) An owner or operator shall deter- ance with this subpart by performing mine the average VO concentration at or requesting that the owner or oper- the point of waste origination for each ator perform a waste determination hazardous waste placed in a waste using direct measurement based on management unit exempted under the waste samples collected within a 1- provisions of § 265.1083(c)(1) of this sub- hour period as follows: part from using air emission controls (i) The average VO concentration of in accordance with standards specified the hazardous waste at the point of in § 265.1085 through § 265.1088 of this waste origination shall be determined subpart, as applicable to the waste 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 (ii) Results of the waste determina- time any portion of the material in the tion performed or requested by the Re- hazardous waste stream is placed in a gional Administrator showing that the waste management unit exempted average VO concentration of the haz- under the provisions of § 265.1083(c)(1) of ardous waste at the point of waste this subpart from using air emission origination is equal to or greater than controls, and thereafter an initial de- 500 ppmw shall constitute noncompli- termination of the average VO con- ance with this subpart except in a case centration of the waste stream shall be as provided for in paragraph (d)(5)(iii) made for each averaging period that a of this section. hazardous waste is managed in the (iii) For the case when the average unit; and VO concentration of the hazardous (ii) Perform a new waste determina- waste at the point of waste origination tion whenever changes to the source previously has been determined by the generating the waste stream are rea- owner or operator using an averaging sonably likely to cause the average VO period greater than 1 hour to be less concentration of the hazardous waste than 500 ppmw but because of normal to increase to a level that is equal to or operating process variations the VO greater than the VO concentration concentration of the hazardous waste limit specified in § 265.1083(c)(1) of this determined by direct measurement for subpart. any given 1-hour period may be equal (2) For a waste determination that is to or greater than 500 ppmw, informa- required by paragraph (a)(1) of this sec- tion that was used by the owner or op- tion, the average VO concentration of a erator to determine the average VO hazardous waste at the point of waste concentration of the hazardous waste origination shall be determined using (e.g., test results, measurements, cal- either direct measurement as specified culations, and other documentation) in paragraph (a)(3) of this section or by and recorded in the facility records in knowledge as specified in paragraph accordance with the requirements of (a)(4) of this section. § 265.1084(a) and § 265.1090 of this subpart (3) Direct measurement to determine shall be considered by the Regional Ad- average VO concentration of a haz- ministrator together with the results ardous waste at the point of waste origination. of the waste determination performed (i) Identification. The owner or oper- or requested by the Regional Adminis- ator shall identify and record the point trator in establishing compliance with of waste origination for the hazardous this subpart. waste. [61 FR 59972, Nov. 25, 1996, as amended at 62 (ii) Sampling. Samples of the haz- FR 64663, Dec. 8, 1997] ardous waste stream shall be collected
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at the point of waste origination in a of this chapter), or in Method 25D in 40 manner such that volatilization of CFR part 60, appendix A. organics contained in the waste and in (D) Sufficient information, as speci- the subsequent sample is minimized fied in the ‘‘site sampling plan’’ re- and an adequately representative sam- quired under paragraph (a)(3)(ii)(C) of ple is collected and maintained for this section, shall be prepared and re- analysis by the selected method. corded to document the waste quantity (A) The averaging period to be used represented by the samples and, as ap- for determining the average VO con- plicable, the operating conditions for centration for the hazardous waste the source or process generating the stream on a mass-weighted average hazardous waste represented by the basis shall be designated and recorded. samples. The averaging period can represent any (iii) Analysis. Each collected sample time interval that the owner or oper- shall be prepared and analyzed in ac- ator determines is appropriate for the cordance with one or more of the meth- hazardous waste stream but shall not ods listed in paragraphs (a)(3)(iii)(A) exceed 1 year. through (a)(3)(iii)(I) of this section, in- (B) A sufficient number of samples, cluding appropriate quality assurance but no less than four samples, shall be and quality control (QA/QC) checks and collected and analyzed for a hazardous use of target compounds for calibra- waste determination. All of the sam- tion. If Method 25D in 40 CFR part 60, ples for a given waste determination appendix A is not used, then one or shall be collected within a one-hour pe- more methods should be chosen that riod. The average of the four or more are appropriate to ensure that the sample results constitutes a waste de- waste determination accounts for and termination for the waste stream. One reflects all organic compounds in the or more waste determinations may be waste with Henry’s law constant values required to represent the complete at least 0.1 mole-fraction-in-the-gas- range of waste compositions and quan- phase/mole-fraction-in-the-liquid-phase tities that occur during the entire (0.1 Y/X) [which can also be expressed averaging period due to normal vari- as 1.8 x 10¥6 atmospheres/gram-mole/ ations in the operating conditions for m3] at 25 degrees Celsius. Each of the the source or process generating the analytical methods listed in para- hazardous waste stream. Examples of graphs (a)(3)(iii)(B) through such normal variations are seasonal (a)(3)(iii)(G) of this section has an asso- variations in waste quantity or fluc- ciated list of approved chemical com- tuations in ambient temperature. pounds, for which EPA considers the (C) All samples shall be collected and method appropriate for measurement. handled in accordance with written If an owner or operator uses EPA procedures prepared by the owner or Method 624, 625, 1624, or 1625 in 40 CFR operator and documented in a site sam- part 136, appendix A to analyze one or pling plan. This plan shall describe the more compounds that are not on that procedure by which representative method’s published list, the Alter- samples of the hazardous waste stream native Test Procedure contained in 40 are collected such that a minimum loss CFR 136.4 and 136.5 must be followed. If of organics occurs throughout the sam- an owner or operator uses EPA Method ple collection and handling process, 8260 or 8270 in ‘‘Test Methods for Evalu- and by which sample integrity is main- ating Solid Waste, Physical/Chemical tained. A copy of the written sampling Methods,’’ EPA Publication SW–846, plan shall be maintained on-site in the (incorporated by reference—refer to facility operating records. An example § 260.11(a) of this chapter) to analyze of an acceptable sampling plan in- one or more compounds that are not on cludes a plan incorporating sample col- that method’s published list, the proce- lection and handling procedures in ac- dures in paragraph (a)(3)(iii)(H) of this cordance with the requirements speci- section must be followed. At the owner fied in ‘‘Test Methods for Evaluating or operator’s discretion, the owner or Solid Waste, Physical/Chemical Meth- operator may adjust test data meas- ods,’’ EPA Publication SW–846, (incor- ured by a method other than Method porated by reference—refer to § 260.11(a) 25D to the corresponding average VO
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concentration value which would have refer to § 260.11(a) of this chapter). been obtained had the waste samples Maintain a formal quality assurance been analyzed using Method 25D in 40 program consistent with the require- CFR part 60, appendix A. To adjust ments of Method 8270. The quality as- these data, the measured concentration surance program shall include the fol- of each individual chemical con- lowing elements: stituent contained in the waste is mul- (1) Documentation of site-specific tiplied by the appropriate constituent- procedures to minimize the loss of specific adjustment factor (fm25D). If the compounds due to volatilization, bio- owner or operator elects to adjust test degradation, reaction, or sorption dur- data, the adjustment must be made to ing the sample collection, storage, all individual chemical constituents preparation, introduction, and analysis with a Henry’s law constant value steps. greater than or equal to 0.1 Y/X at 25 (2) Measurement of the overall accu- degrees Celsius contained in the waste. Constituent-specific adjustment fac- racy and precision of the specific pro- cedures. tors (fm25D) can be obtained by con- tacting the Waste and Chemical Proc- (H) Any other EPA standard method esses Group, Office of Air Quality Plan- that has been validated in accordance ning and Standards, Research Triangle with ‘‘Alternative Validation Proce- Park, NC 27711. dure for EPA Waste and Wastewater (A) Method 25D in 40 CFR part 60, ap- Methods’’, 40 CFR part 63, appendix D. pendix A. As an alternative, other EPA standard (B) Method 624 in 40 CFR part 136, ap- methods may be validated by the pro- pendix A. cedure specified in paragraph (C) Method 625 in 40 CFR part 136, ap- (a)(3)(iii)(I) of this section. pendix A. Perform corrections to the (I) Any other analysis method that compounds for which the analysis is has been validated in accordance with being conducted based on the ‘‘accu- the procedures specified in Section 5.1 racy as recovery’’ using the factors in or Section 5.3, and the corresponding Table 7 of the method. calculations in Section 6.1 or Section (D) Method 1624 in 40 CFR part 136, 6.3, of Method 301 in 40 CFR part 63, ap- appendix A. pendix A. The data are acceptable if (E) Method 1625 in 40 CFR part 136, they meet the criteria specified in Sec- appendix A. tion 6.1.5 or Section 6.3.3 of Method 301. (F) Method 8260 in ‘‘Test Methods for If correction is required under section Evaluating Solid Waste, Physical/ 6.3.3 of Method 301, the data are accept- Chemical Methods,’’ EPA Publication able if the correction factor is within SW–846 (incorporated by reference— the range 0.7 to 1.30. Other sections of refer to § 260.11(a) of this chapter). Method 301 are not required. Maintain a formal quality assurance (iv) Calculations. ˜ program consistent with the require- (A) The average VO concentration (C) ments of Method 8260. The quality as- on a mass-weighted basis shall be cal- surance program shall include the fol- culated by using the results for all lowing elements: waste determinations conducted in ac- (1) Documentation of site-specific cordance with paragraphs (a)(3) (ii) and procedures to minimize the loss of (iii) of this section and the following compounds due to volatilization, bio- equation: degradation, reaction, or sorption dur- ing the sample collection, storage, η 1 preparation, introduction, and analysis C =×∑()QC × steps. Q ii (2) Measurement of the overall accu- T i=1 racy and precision of the specific pro- where: ˜ cedures. C = Average VO concentration of the haz- (G) Method 8270 in ‘‘Test Methods for ardous waste at the point of waste origi- Evaluating Solid Waste, Physical/ nation on a mass-weighted basis, ppmw. Chemical Methods,’’ EPA Publication i = Individual waste determination ‘‘i’’ SW–846 (incorporated by reference— of the hazardous waste.
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n = Total number of waste determina- clude: Material balances for the source tions of the hazardous waste con- or process generating the hazardous ducted for the averaging period waste stream; constituent-specific (not to exceed 1 year). chemical test data for the hazardous Qi = Mass quantity of hazardous waste waste stream from previous testing stream represented by Ci, kg/hr. that are still applicable to the current QT = Total mass quantity of hazardous waste stream; previous test data for waste during the averaging period, other locations managing the same kg/hr. type of waste stream; or other knowl- Ci = Measured VO concentration of edge based on information included in waste determination ‘‘i’’ as deter- manifests, shipping papers, or waste mined in accordance with the re- certification notices. quirements of paragraph (a)(3)(iii) (ii) If test data are used as the basis of this section (i.e. the average of for knowledge, then the owner or oper- the four or more samples specified ator shall document the test method, in paragraph (a)(3)(ii)(B) of this sampling protocol, and the means by section), ppmw. which sampling variability and analyt- (B) For the purpose of determining ical variability are accounted for in Ci, for individual waste samples ana- the determination of the average VO lyzed in accordance with paragraph concentration. For example, an owner (a)(3)(iii) of this section, the owner or or operator may use organic concentra- operator shall account for VO con- tion test data for the hazardous waste centrations determined to be below the stream that are validated in accord- limit of detection of the analytical ance with Method 301 in 40 CFR part 63, method by using the following VO con- appendix A as the basis for knowledge centration: of the waste. (1) If Method 25D in 40 CFR part 60, (iii) An owner or operator using Appendix A is used for the analysis, chemical constituent-specific con- one-half the blank value determined in centration test data as the basis for the method at section 4.4 of Method knowledge of the hazardous waste may 25D in 40 CFR part 60, appendix A. adjust the test data to the cor- (2) If any other analytical method is responding average VO concentration used, one-half the sum of the limits of value which would have been obtained detection established for each organic had the waste samples been analyzed constituent in the waste that has a using Method 25D in 40 CFR part 60, ap- Henry’s law constant values at least 0.1 pendix A. To adjust these data, the mole-fraction-in-the-gas-phase/mole- measured concentration for each indi- fraction-in-the-liquid-phase (0.1 Y/X) vidual chemical constituent contained [which can also be expressed as 1.8 x in the waste is multiplied by the appro- 10¥6 atmospheres/gram-mole/m3] at 25 priate constituent-specific adjustment degrees Celsius. factor (fm25D). (v) Provided that the test method is (iv) In the event that the Regional appropriate for the waste as required Administrator and the owner or oper- under paragraph (a)(3)(iii) of this sec- ator disagree on a determination of the tion, the EPA will determine compli- average VO concentration for a haz- ance based on the test method used by ardous waste stream using knowledge, 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
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requirements of paragraph (a)(3)(iii) of organics contained in the waste and in this section. the subsequent sample is minimized (b) Waste determination procedures and an adequately representative sam- for treated hazardous waste. ple is collected and maintained for (1) An owner or operator shall per- analysis by the selected method. form the applicable waste determina- (A) The averaging period to be used tion for each treated hazardous waste for determining the average VO con- placed in a waste management unit ex- centration for the hazardous waste empted under the provisions of stream on a mass-weighted average § 265.1083 (c)(2)(i) through (c)(2)(vi) of basis shall be designated and recorded. this subpart from using air emission The averaging period can represent any controls in accordance with standards time interval that the owner or oper- specified in §§ 265.1085 through 265.1088 ator determines is appropriate for the of this subpart, as applicable to the hazardous waste stream but shall not waste management unit. exceed 1 year. (i) An initial determination of the (B) A sufficient number of samples, average VO concentration of the waste but no less than four samples, shall be stream shall be made before the first collected and analyzed for a hazardous time any portion of the material in the waste determination. All of the sam- treated 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)(2), riod. The average of the four or more § 265.1083(c)(3), or § 265.1083(c)(4) of this sample results constitutes a waste de- subpart from using air emission con- termination for the waste stream. One trols, and thereafter update the infor- or more waste determinations may be mation used for the waste determina- required to represent the complete tion at least once every 12 months fol- range of waste compositions and quan- lowing the date of the initial waste de- tities that occur during the entire termination; and averaging period due to normal vari- (ii) Perform a new waste determina- ations in the operating conditions for tion whenever changes to the process the process generating or treating the generating or treating the waste hazardous waste stream. Examples of stream are reasonably likely to cause such normal variations are seasonal the average VO concentration of the variations in waste quantity or fluc- hazardous waste to increase to a level tuations in ambient temperature. such that the applicable treatment (C) All samples shall be collected and conditions specified in § 265.1083(c)(2), handled in accordance with written § 265.1083(c)(3), or § 265.1083(c)(4) of this procedures prepared by the owner or subpart are not achieved. operator and documented in a site sam- (2) The owner or operator shall des- pling plan. This plan shall describe the ignate and record the specific provision procedure by which representative in § 265.1083(c)(2) of this subpart under samples of the hazardous waste stream which the waste determination is being are collected such that a minimum loss performed. The waste determination of organics occurs throughout the sam- for the treated hazardous waste shall ple collection and handling process, 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 an acceptable sampling plan in- waste at the point of waste treatment. cludes a plan incorporating sample col- (i) Identification. The owner or oper- lection and handling procedures in ac- ator shall identify and record the point cordance with the requirements speci- of waste treatment for the hazardous fied in ‘‘Test Methods for Evaluating waste. Solid Waste, Physical/Chemical Meth- (ii) Sampling. Samples of the haz- ods,’’ EPA Publication No. SW–846 (in- ardous waste stream shall be collected corporated by reference—refer to at the point of waste treatment in a § 260.11(a) of this chapter), or in Method manner such that volatilization of 25D in 40 CFR part 60, appendix A.
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(D) Sufficient information, as speci- 8260 or 8270 in ‘‘Test Methods for Evalu- fied in the ‘‘site sampling plan’’ re- ating Solid Waste, Physical/Chemical quired under paragraph (C) of Methods,’’ EPA Publication SW–846, (b)(3)(ii)this section, § 265.1084(b)(3)(ii), (incorporated by reference—refer to shall be prepared and recorded to docu- § 260.11(a) of this chapter) to analyze ment the waste quantity represented one or more compounds that are not on by the samples and, as applicable, the that method’s published list, the proce- operating conditions for the process dures in paragraph (b)(3)(iii)(H) of this treating the hazardous waste rep- section must be followed. At the owner resented by the samples. or operator’s discretion, the owner or (iii) Analysis. Each collected sample operator may adjust test data meas- shall be prepared and analyzed in ac- ured by a method other than Method cordance with one or more of the meth- 25D to the corresponding average VO ods listed in paragraphs (b)(3)(iii)(A) concentration value which would have through (b)(3)(iii)(I) of this section, in- been obtained had the waste samples cluding appropriate quality assurance been analyzed using Method 25D in 40 and quality control (QA/QC) checks and CFR part 60, appendix A. To adjust use of target compounds for calibra- these data, the measured concentration tion. When the owner or operator is of each individual chemical con- making a waste determination for a stituent contained in the waste is mul- treated hazardous waste that is to be tiplied by the appropriate constituent- compared to an average VO concentra- specific adjustment factor (fm25D). If the tion at the point of waste origination owner or operator elects to adjust test or the point of waste entry to the data, the adjustment must be made to treatment system to determine if the all individual chemical constituents conditions of § 264.1082(c)(2)(i) through with a Henry’s law constant equal to or (c)(2)(vi) or § 265.1083(c)(2)(i) through greater than 0.1 Y/X at 25 degrees Cel- (c)(2)(vi) are met, then the waste sam- sius contained in the waste. Con- ples shall be prepared and analyzed stituent-specific adjustment factors using the same method or methods as (fm25D) can be obtained by contacting were used in making the initial waste the Waste and Chemical Processes determinations at the point of waste Group, Office of Air Quality Planning origination or at the point of entry to and Standards, Research Triangle the treatment system. If Method 25D in Park, NC 27711. 40 CFR part 60, appendix A is not used, (A) Method 25D in 40 CFR part 60, ap- then one or more methods should be pendix A. chosen that are appropriate to ensure that the waste determination accounts (B) Method 624 in 40 CFR part 136, ap- for and reflects all organic compounds pendix A. in the waste with Henry’s law constant (C) Method 625 in 40 CFR part 136, ap- values at least 0.1 mole-fraction-in-the- pendix A. Perform corrections to the gas-phase/mole-fraction-in-the-liquid- compounds for which the analysis is phase (0.1 Y/X) [which can also be ex- being conducted based on the ‘‘accuracy pressed as 1.8 x 10¥6 atmospheres/gram- as recovery’’ using the factors in Table mole/m3] at 25 degrees Celsius. Each of 7 of the method. the analytical methods listed in para- (D) Method 1624 in 40 CFR part 136, graphs (b)(3)(iii)(B) through appendix A. (b)(3)(iii)(G) of this section has an asso- (E) Method 1625 in 40 CFR part 136, ciated list of approved chemical com- appendix A. pounds, for which EPA considers the (F) Method 8260 in ‘‘Test Methods for method appropriate for measurement. Evaluating Solid Waste, Physical/ If an owner or operator uses EPA Chemical Methods,’’ EPA Publication Method 624, 625, 1624, or 1625 in 40 CFR SW–846 (incorporated by reference— part 136, appendix A to analyze one or refer to § 260.11(a) of this chapter). more compounds that are not on that Maintain a formal quality assurance method’s published list, the Alter- program consistent with the require- native Test Procedure contained in 40 ments of Method 8260. The quality as- CFR 136.4 and 136.5 must be followed. If surance program shall include the fol- an owner or operator uses EPA Method lowing elements:
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(1) Documentation of site-specific graphs (b)(3)(ii) and (iii) of this section procedures to minimize the loss of and the following equation: compounds due to volatilization, bio- degradation, reaction, or sorption dur- η =×1 × ing the sample collection, storage, C ∑()QCii preparation, introduction, and analysis QT i=1 steps. where:¯ (2) Measurement of the overall accu- C=Average VO concentration of the haz- racy and precision of the specific pro- ardous waste at the point of waste treat- cedures. ment on a mass-weighted basis, ppmw. (G) Method 8270 in ‘‘Test Methods for i=Individual waste determination ‘‘i’’ of the Evaluating Solid Waste, Physical/ hazardous waste. Chemical Methods,’’ EPA Publication n=Total number of waste determinations of SW–846 (incorporated by reference— the hazardous waste conducted for the refer to § 260.11(a) of this chapter). averaging period (not to exceed 1 year). Maintain a formal quality assurance Qi=Mass quantity of hazardous waste stream program consistent with the require- represented by Ci, kg/hr. Q =Total mass quantity of hazardous waste ments of Method 8270. The quality as- T during the averaging period, kg/hr. surance program shall include the fol- Ci=Measured VO concentration of waste de- lowing elements: termination ‘‘i’’ as determined in accord- (1) Documentation of site-specific ance with the requirements of paragraph procedures to minimize the loss of (b)(3)(iii) of this section (i.e. the average compounds due to volatilization, bio- of the four or more samples specified in degradation, reaction, or sorption dur- paragraph (b)(3)(ii)(B) of this section), ing the sample collection, storage, ppmw. preparation, introduction, and analysis (v) Provided that the test method is steps. appropriate for the waste as required (2) Measurement of the overall accu- under paragraph (b)(3)(iii) of this sec- racy and precision of the specific pro- tion, compliance shall be determined cedures. based on the test method used by the (H) Any other EPA standard method owner or operator as recorded pursuant that has been validated in accordance to § 265.1090(f)(1) of this subpart. with ‘‘Alternative Validation Proce- (4) Procedure to determine the exit dure for EPA Waste and Wastewater concentration limit (Ct) for a treated Methods’’, 40 CFR part 63, appendix D. hazardous waste. As an alternative, other EPA standard (i) The point of waste origination for methods may be validated by the pro- each hazardous waste treated by the cedure specified in paragraph process at the same time shall be iden- (b)(3)(iii)(I) of this section. tified. (I) Any other analysis method that (ii) If a single hazardous waste has been validated in accordance with stream is identified in paragraph the procedures specified in Section 5.1 (b)(4)(i) of this section, then the exit or Section 5.3, and the corresponding concentration limit (C ) shall be 500 calculations in Section 6.1 or Section t ppmw. 6.3, of Method 301 in 40 CFR part 63, ap- (iii) If more than one hazardous pendix A. The data are acceptable if they meet the criteria specified in Sec- waste stream is identified in paragraph tion 6.1.5 or Section 6.3.3 of Method 301. (b)(4)(i) of this section, then the aver- If correction is required under section age VO concentration of each haz- 6.3.3 of Method 301, the data are accept- ardous waste stream at the point of able if the correction factor is within waste origination shall be determined the range 0.7 to 1.30. Other sections of in accordance with the requirements of Method 301 are not required. paragraph (a) of this section. The exit (iv) Calculations.¯ The average VO con- concentration limit (Ct) shall be cal- centration (C) on a mass-weighted culated by using the results deter- basis shall be calculated by using the mined for each individual hazardous results for all waste determinations waste stream and the following equa- conducted in accordance with para- tion:
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(B) The average VO concentration at m n the point of waste origination of each ∑()Q× C+×∑() Q500 ppmw xx y hazardous¯ waste stream entering the = = = x 1 y 1 process (Cb) during the run shall be de- Ct m n termined in accordance with the re- + quirements of paragraph (a)(3) of this ∑QQxy∑ section. The average VO concentration x=1 y=1 at the point of waste treatment of each Where: ¯ waste stream exiting the process (Ca) 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’’ that has an average VO concentration paragraph (b)(3) of this section. 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 (b)(5)(iii) of this section and the fol- point of waste origination as determined lowing equations: in accordance with the requirements of § 265.1084(a) of this subpart. m m = Total number of ‘‘x’’ hazardous waste =×1 () streams treated by process. EQCbbjbj6 ∑ n = Total number of ‘‘y’’ hazardous waste 10 j=1 streams treated by process. m Qx = Annual mass quantity of hazardous 1 waste stream ‘‘x,’’ kg/yr. =× EQCaajaj∑() Q = Annual mass quantity of hazardous 6 y 10 j=1 ¯ waste stream ‘‘y,’’ kg/yr. Cx = Average VO concentration of hazardous Where: waste stream ‘‘x’’ at the point of waste Ea = Waste volatile organic mass flow exiting origination as determined in accordance process, kg/hr. with the requirements of § 265.1084(a) of Eb = Waste volatile organic mass flow enter- this subpart, ppmw. ing process, kg/hr. m = Total number of runs (at least 3) (5) Procedure to determine the or- j = Individual run ‘‘j’’ ganic reduction efficiency (R) for a Qb = Mass quantity of hazardous waste enter- treated hazardous waste. ing process during run ‘‘j,’’ kg/hr. (i) The organic reduction efficiency Qa = Average mass quantity of hazardous (R) for a treatment process shall be de- waste exiting process during run ‘‘j,’’ kg/ termined based on results for a min- ¯ hr. imum of three consecutive runs. Ca = Average VO concentration of hazardous waste exiting process during run ‘‘j’’ as (ii) All hazardous waste streams en- determined in accordance with the re- tering the treatment process and all quirements of § 265.1084(b)(3) of this sub- hazardous waste streams exiting the ¯ part, ppmw. treatment process shall be identified. Cb = Average VO concentration of hazardous The owner or operator shall prepare a waste entering process during run ‘‘j’’ as sampling plan for measuring these determined in accordance with the re- streams that accurately reflects the re- quirements of § 265.1084(a)(3) of this sub- tention time of the hazardous waste in part, ppmw. the process. (v) The organic reduction efficiency (iii) For each run, information shall of the process shall be calculated by be determined for each hazardous using the results determined in accord- waste stream identified in paragraph ance with paragraph (b)(5)(iv) of this (b)(5)(ii) of this section using the fol- section and the following equation: lowing procedures: − (A) The mass quantity of each haz- EEba ardous waste stream entering the proc- R = ×100% E ess (Qb) and the mass quantity of each b hazardous waste stream exiting the Where: process (Qa) shall be determined. R = Organic reduction efficiency, percent. 576
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Eb = Waste volatile organic mass flow enter- (7) Procedure to determine the re- ing process as determined in accordance quired organic mass removal rate with the requirements of paragraph (RMR) for a treated hazardous waste. (b)(5)(iv) of this section, kg/hr. (i) All of the hazardous waste Ea = Waste volatile organic mass flow exiting streams entering the treatment process process as determined in accordance with the requirements of paragraph (b)(5)(iv) shall be identified. of this section, kg/hr. (ii) The average VO concentration of each hazardous waste stream at the (6) Procedure to determine the or- point of waste origination shall be de- ganic biodegradation efficiency (Rbio) termined in accordance with the re- for a treated hazardous waste. quirements of paragraph (a) of this sec- (i) The fraction of organics bio- tion. degraded (Fbio) shall be determined (iii) For each individual hazardous using the procedure specified in 40 CFR waste stream that has an average VO part 63, appendix C of this chapter. concentration equal to or greater than (ii) The Rbio shall be calculated by 500 ppmw at the point of waste origina- using the following equation: tion, the average volumetric flow rate =× and the density of the hazardous waste RFbio bio 100% stream at the point of waste origina- Where: tion shall be determined. (iv) The RMR shall be calculated by Rbio = Organic biodegradation efficiency, per- cent. using the average VO concentration, average volumetric flow rate, and den- Fbio = Fraction of organic biodegraded as de- termined in accordance with the require- sity determined for each individual ments of paragraph (b)(6)(i) of this sec- hazardous waste stream, and the fol- tion. lowing equation:
n − ()Cy 500 ppmw RMR=××∑ V k yy 6 y=1 10
Where: secutive runs. The sampling time for RMR = Required organic mass removal rate, each run shall be 1 hour. kg/hr. (ii) The waste volatile organic mass y = Individual hazardous waste stream ‘‘y’’ flow entering the process (Eb) and the that has an average VO concentration waste volatile organic mass flow equal to or greater than 500 ppmw at the point of waste origination as determined exiting the process (Ea) shall be deter- in accordance with the requirements of mined in accordance with the require- § 265.1084(a) of this subpart. ments of paragraph (b)(5)(iv) of this n = Total number of ‘‘y’’ hazardous waste section. streams treated by process. (iii) The MR shall be calculated by Vy = Average volumetric flow rate of haz- using the mass flow rate determined in ardous waste stream ‘‘y’’ at the point of accordance with the requirements of waste origination, m3/hr. paragraph (b)(8)(ii) of this section and ky = Density of hazardous waste stream ‘‘y,’’ ¯ kg/m3 the following equation: Cy = Average VO concentration of hazardous MR=Eb¥Ea waste stream ‘‘y’’ at the point of waste origination as determined in accordance Where: with the requirements of § 265.1084(a) of MR=Actual organic mass removal rate, kg/ this subpart, ppmw. hr. Eb=Waste volatile organic mass flow enter- (8) Procedure to determine the actual ing process as determined in accordance organic mass removal rate (MR) for a with the requirements of paragraph treated hazardous waste. (b)(5)(iv) of this section, kg/hr.
(i) The MR shall be determined based Ea=Waste volatile organic mass flow exiting on results for a minimum of three con- process as determined in accordance with
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the requirements of paragraph (b)(5)(iv) (i) Sampling. A sufficient number of of this section, kg/hr. samples shall be collected to be rep- (9) Procedure to determine the actual resentative of the waste contained in organic mass biodegradation rate the tank. All samples shall be collected and handled in accordance with written (MRbio) for a treated hazardous waste. procedures prepared by the owner or (i) The MRbio shall be determined based on results for a minimum of operator and documented in a site sam- three consecutive runs. The sampling pling plan. This plan shall describe the time for each run shall be 1 hour. procedure by which representative (ii) The waste organic mass flow en- samples of the hazardous waste are col- lected such that a minimum loss of tering the process (Eb) shall be deter- mined in accordance with the require- organics occurs throughout the sample ments of paragraph (b)(5)(iv) of this collection and handling process and by section. which sample integrity is maintained. A copy of the written sampling plan (iii) The fraction of organic bio- shall be maintained on-site in the facil- degraded (F ) shall be determined bio ity operating records. An example of an using the procedure specified in 40 CFR acceptable sampling plan includes a part 63, appendix C of this chapter. plan incorporating sample collection (iv) The MRbio shall be calculated by and handling procedures in accordance using the mass flow rates and fraction with the requirements specified in of organic biodegraded determined in ‘‘Test Methods for Evaluating Solid accordance with the requirements of Waste, Physical/Chemical Methods,’’ paragraphs (b)(9)(ii) and (b)(9)(iii) of EPA Publication No. SW–846, (incor- this section, respectively, and the fol- porated by reference—refer to § 260.11(a) lowing equation: of this chapter), or in Method 25D in 40 MRbio=Eb×Fbio CFR part 60, appendix A. Where: (ii) Analysis. Any appropriate one of the following methods may be used to MRbio=Actual organic mass biodegradation rate, kg/hr. analyze the samples and compute the
Eb=Waste organic mass flow entering process maximum organic vapor pressure of as determined in accordance with the re- the hazardous waste: quirements of paragraph (b)(5)(iv) of this (A) Method 25E in 40 CFR part 60 ap- section, kg/hr. pendix A; Fbio=Fraction of organic biodegraded as de- (B) Methods described in American termined in accordance with the require- Petroleum Institute Publication 2517, ments of paragraph (b)(9)(iii) of this sec- tion. Third Edition, February 1989, ‘‘Evapo- rative Loss from External Floating- (c) Procedure to determine the max- Roof Tanks,’’ (incorporated by ref- imum organic vapor pressure of a haz- erence—refer to § 260.11 of this chapter); ardous waste in a tank. (C) Methods obtained from standard (1) An owner or operator shall deter- reference texts; mine the maximum organic vapor pres- (D) ASTM Method 2879–92 (incor- sure for each hazardous waste placed in porated by reference—refer to § 260.11 of a tank using Tank Level 1 controls in this chapter); and accordance with the standards speci- (E) Any other method approved by fied in § 265.1085(c) of this subpart. the Regional Administrator. (2) An owner or operator shall use ei- (4) Use of knowledge to determine the ther direct measurement as specified in maximum organic vapor pressure of paragraph (c)(3) of this section or the hazardous waste. Documentation knowledge of the waste as specified by shall be prepared and recorded that paragraph (c)(4) of this section to de- presents the information used as the termine the maximum organic vapor basis for the owner’s or operator’s pressure which is representative of the knowledge that the maximum organic hazardous waste composition stored or vapor pressure of the hazardous waste treated in the tank. is less than the maximum vapor pres- (3) Direct measurement to determine sure limit listed in § 265.1085(b)(1)(i) of the maximum organic vapor pressure this subpart for the applicable tank de- of a hazardous waste. sign capacity category. An example of
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information that may be used is docu- (6) The background level shall be de- mentation that the hazardous waste is termined according to the procedures generated by a process for which at in Method 21 of 40 CFR part 60, appen- other locations it previously has been dix A. determined by direct measurement (7) Each potential leak interface that the waste maximum organic vapor shall be checked by traversing the in- pressure is less than the maximum strument probe around the potential vapor pressure limit for the appro- leak interface as close to the interface priate tank design capacity category. as possible, as described in Method 21 (d) Procedure for determining no de- of 40 CFR part 60, appendix A. In the tectable organic emissions for the pur- case when the configuration of the pose of complying with this subpart: cover or closure device prevents a com- (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 use by the procedures specified in [61 FR 59974, Nov. 25, 1996, as amended at 62 Method 21 of 40 CFR part 60, appendix FR 64664, Dec. 8, 1997; 64 FR 3390, January 21, A. 1999] (5) Calibration gases shall be as fol- lows: § 265.1085 Standards: Tanks. (i) Zero air (less than 10 ppmv hydro- (a) The provisions of this section carbon in air), and apply to the control of air pollutant (ii) A mixture of methane or n- emissions from tanks for which hexane and air at a concentration of § 265.1083(b) of this subpart references approximately, but less than, 10,000 the use of this section for such air ppmv methane or n-hexane. emission control.
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(b) The owner or operator shall con- tank has a maximum organic vapor trol air pollutant emissions from each pressure that is equal to or greater tank subject to this section in accord- than the maximum organic vapor pres- ance with the following requirements, sure limit for the tank’s design capac- as applicable: ity category as specified in paragraph (1) For a tank that manages haz- (b)(1)(i) of this section. ardous waste that meets all of the con- (c) Owners and operators controlling ditions specified in paragraphs (b)(1)(i) air pollutant emissions from a tank through (b)(1)(iii) of this section, the using Tank Level 1 controls shall meet owner or operator shall control air pol- the requirements specified in para- lutant emissions from the tank in ac- graphs (c)(1) through (c)(4) of this sec- cordance with the Tank Level 1 con- tion: trols specified in paragraph (c) of this (1) The owner or operator shall deter- section or the Tank Level 2 controls mine the maximum organic vapor pres- specified in paragraph (d) of this sec- sure for a hazardous waste to be man- tion. aged in the tank using Tank Level 1 (i) The hazardous waste in the tank controls before the first time the haz- has a maximum organic vapor pressure ardous waste is placed in the tank. The which is less than the maximum or- maximum organic vapor pressure shall ganic vapor pressure limit for the be determined using the procedures tank’s design capacity category as fol- specified in § 265.1084(c) of this subpart. lows: Thereafter, the owner or operator shall (A) For a tank design capacity equal perform a new determination whenever to or greater than 151 m3, the max- changes to the hazardous waste man- imum organic vapor pressure limit for aged in the tank could potentially the tank is 5.2 kPa. cause the maximum organic vapor (B) For a tank design capacity equal pressure to increase to a level that is to or greater than 75 m3 but less than equal to or greater than the maximum 151 m3, the maximum organic vapor organic vapor pressure limit for the pressure limit for the tank is 27.6 kPa. 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,
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holes, gaps, or other open spaces in the (A) To provide access to the tank for closure device or between the perim- performing routine inspection, mainte- eter of the opening and the closure de- nance, or other activities needed for vice; or normal operations. Examples of such (B) Connected by a closed-vent sys- activities include those times when a tem that is vented to a control device. worker needs to open a port to sample The control device shall remove or de- the liquid in the tank, or when a work- stroy organics in the vent stream, and er needs to open a hatch to maintain or shall be operating whenever hazardous repair equipment. Following comple- waste is managed in the tank, except tion of the activity, the owner or oper- as provided for in paragraphs ator shall promptly secure the closure (c)(2)(iii)(B)(1) and (2) of this section. device in the closed position or re- (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 no detectable organic emissions when (2) During periods of routine inspec- the device is secured in the closed posi- tion, maintenance, or other activities tion. The settings at which the device needed for normal operations, and for opens shall be established such that the removal of accumulated sludge or the device remains in the closed posi- other residues from the bottom of the tion whenever the tank internal pres- tank. sure is within the internal pressure op- (iv) The fixed roof and its closure de- erating range determined by the owner vices shall be made of suitable mate- or operator based on the tank manufac- rials that will minimize exposure of the turer recommendations, applicable reg- hazardous waste to the atmosphere, to ulations, fire protection and prevention the extent practical, and will maintain codes, standard engineering codes and the integrity of the fixed roof and clo- practices, or other requirements for sure devices throughout their intended 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
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owner or operator to check for defects quirements specified in paragraphs that could result in air pollutant emis- (e)(1) through (e)(3) of this section. sions. Defects include, but are not lim- (1) The tank shall be equipped with a ited to, visible cracks, holes, or gaps in fixed roof and an internal floating roof the roof sections or between the roof in accordance with the following re- and the tank wall; broken, cracked, or quirements: otherwise damaged seals or gaskets on (i) The internal floating roof shall be closure devices; and broken or missing designed to float on the liquid surface hatches, access covers, caps, or other except when the floating roof must be closure devices. supported by the leg supports. (ii) The owner or operator shall per- (ii) The internal floating roof shall be form an initial inspection of the fixed equipped with a continuous seal be- roof and its closure devices on or before tween the wall of the tank and the the date that the tank becomes subject floating roof edge that meets either of to this section. Thereafter, the owner the following requirements: or operator shall perform the inspec- tions at least once every year except (A) A single continuous seal that is under the special conditions provided either a liquid-mounted seal or a me- for in paragraph (l) of this section. tallic shoe seal, as defined in § 265.1081 (iii) In the event that a defect is de- of this subpart; or tected, the owner or operator shall re- (B) Two continuous seals mounted pair the defect in accordance with the one above the other. The lower seal requirements of paragraph (k) of this may be a vapor-mounted seal. section. (iii) The internal floating roof shall (iv) The owner or operator shall meet the following specifications: maintain a record of the inspection in (A) Each opening in a noncontact in- accordance with the requirements spec- ternal floating roof except for auto- ified in § 265.1090(b) of this subpart. matic bleeder vents (vacuum breaker (d) Owners and operators controlling vents) and the rim space vents is to air pollutant emissions from a tank provide a projection below the liquid using Tank Level 2 controls shall use surface. one of the following tanks: (B) Each opening in the internal (1) A fixed-roof tank equipped with floating roof shall be equipped with a an internal floating roof in accordance gasketed cover or a gasketed lid except with the requirements specified in for leg sleeves, automatic bleeder paragraph (e) of this section; vents, rim space vents, column wells, (2) A tank equipped with an external ladder wells, sample wells, and stub floating roof in accordance with the re- drains. quirements specified in paragraph (f) of (C) Each penetration of the internal this section; floating roof for the purpose of sam- (3) A tank vented through a closed- pling shall have a slit fabric cover that vent system to a control device in ac- covers at least 90 percent of the open- cordance with the requirements speci- ing. fied in paragraph (g) of this section; (D) Each automatic bleeder vent and (4) A pressure tank designed and op- rim space vent shall be gasketed. erated in accordance with the require- ments specified in paragraph (h) of this (E) Each penetration of the internal section; or floating roof that allows for passage of (5) A tank located inside an enclosure a ladder shall have a gasketed sliding that is vented through a closed-vent cover. system to an enclosed combustion con- (F) Each penetration of the internal trol device in accordance with the re- floating roof that allows for passage of quirements specified in paragraph (i) of a column supporting the fixed roof this section. shall have a flexible fabric sleeve seal (e) The owner or operator who con- or a gasketed sliding cover. trols air pollutant emissions from a (2) The owner or operator shall oper- tank using a fixed-roof with an inter- ate the tank in accordance with the nal floating roof shall meet the re- following requirements:
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(i) When the floating roof is resting uous seals mounted one above the on the leg supports, the process of fill- other, the owner or operator may vis- ing, emptying, or refilling shall be con- ually inspect the internal floating roof, tinuous and shall be completed as soon primary and secondary seals, gaskets, as practical. slotted membranes, and sleeve seals (if (ii) Automatic bleeder vents are to be any) each time the tank is emptied and set closed at all times when the roof is degassed and at least every 5 years. floating, except when the roof is being (iv) Prior to each inspection required floated off or is being landed on the leg by paragraph (e)(3)(ii) or (e)(3)(iii) of supports. this section, the owner or operator (iii) Prior to filling the tank, each shall notify the Regional Adminis- cover, access hatch, gauge float well or trator in advance of each inspection to lid on any opening in the internal provide the Regional Administrator floating roof shall be bolted or fastened with the opportunity to have an ob- closed (i.e., no visible gaps). Rim space server present during the inspection. vents are to be set to open only when The owner or operator shall notify the 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
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any tank complying with the require- leg sleeves, each opening in the roof ments of paragraph (e) of this section. shall be equipped with a gasketed (f) The owner or operator who con- cover, seal, or lid. trols air pollutant emissions from a (C) Each access hatch and each gauge tank using an external floating roof float well shall be equipped with a shall meet the requirements specified cover designed to be bolted or fastened in paragraphs (f)(1) through (f)(3) of when the cover is secured in the closed this section. position. (1) The owner or operator shall de- (D) Each automatic bleeder vent and sign the external floating roof in ac- each rim space vent shall be equipped cordance with the following require- with a gasket. ments: (E) Each roof drain that empties into (i) The external floating roof shall be the liquid managed in the tank shall be designed to float on the liquid surface equipped with a slotted membrane fab- except when the floating roof must be ric cover that covers at least 90 percent supported by the leg supports. of the area of the opening. (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 these gaps shall not exceed 3.8 centi- (2) The owner or operator shall oper- meters (cm). If a metallic shoe seal is ate the tank in accordance with the used for the primary seal, the metallic following requirements: shoe seal shall be designed so that one (i) When the floating roof is resting end extends into the liquid in the tank on the leg supports, the process of fill- and the other end extends a vertical ing, emptying, or refilling shall be con- distance of at least 61 centimeters tinuous and shall be completed as soon above the liquid surface. as practical. (B) The secondary seal shall be (ii) Except for automatic bleeder mounted above the primary seal and vents, rim space vents, roof drains, and cover the annular space between the leg sleeves, each opening in the roof floating roof and the wall of the tank. shall be secured and maintained in a The total area of the gaps between the closed position at all times except tank wall and the secondary seal shall when the closure device must be open not exceed 21.2 square centimeters for access. (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
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rim seal exceeds the manufacturer’s centimeter (cm) diameter uniform recommended setting. probe passes freely (without forcing or (vi) The cap on the end of each binding against the seal) between the unslotted guide pole shall be secured in seal and the wall of the tank and meas- the closed position at all times except ure the circumferential distance of when measuring the level or collecting each such location. samples of the liquid in the tank. (3) For a seal gap measured under (vii) The cover on each gauge hatch paragraph (f)(3) of this section, the gap or sample well shall be secured in the surface area shall be determined by closed position at all times except using probes of various widths to meas- when the hatch or well must be opened ure accurately the actual distance for access. from the tank wall to the seal and mul- (viii) Both the primary seal and the tiplying each such width by its respec- secondary seal shall completely cover tive circumferential distance. the annular space between the external floating roof and the wall of the tank (4) The total gap area shall be cal- in a continuous fashion except during culated by adding the gap surface areas inspections. determined for each identified gap lo- (3) The owner or operator shall in- cation for the primary seal and the sec- spect the external floating roof in ac- ondary seal individually, and then di- cordance with the procedures specified viding the sum for each seal type by as follows: the nominal diameter of the tank. (i) The owner or operator shall meas- These total gap areas for the primary ure the external floating roof seal gaps seal and secondary seal are then com- in accordance with the following re- pared to the respective standards for quirements: the seal type as specified in paragraph (A) The owner or operator shall per- (f)(1)(ii) of this section. form measurements of gaps between (E) In the event that the seal gap the tank wall and the primary seal measurements do not conform to the within 60 calendar days after initial op- specifications in paragraph (f)(1)(ii) of eration of the tank following installa- this section, the owner or operator tion of the floating roof and, there- shall repair the defect in accordance after, at least once every 5 years. with the requirements of paragraph (k) (B) The owner or operator shall per- of this section. form measurements of gaps between (F) The owner or operator shall the tank wall and the secondary seal maintain a record of the inspection in within 60 calendar days after initial op- accordance with the requirements spec- eration of the tank following installa- ified in § 265.1090(b) of this subpart. tion of the floating roof and, there- (ii) The owner or operator shall vis- after, at least once every year. ually inspect the external floating roof (C) If a tank ceases to hold hazardous waste for a period of 1 year or more, in accordance with the following re- subsequent introduction of hazardous quirements: waste into the tank shall be considered (A) The floating roof and its closure an initial operation for the purposes of devices shall be visually inspected by paragraphs (f)(3)(i)(A) and (f)(3)(i)(B) of the owner or operator to check for de- this section. fects that could result in air pollutant (D) The owner or operator shall de- emissions. Defects include, but are not termine the total surface area of gaps limited to: Holes, tears, or other open- in the primary seal and in the sec- ings in the rim seal or seal fabric of the ondary seal individually using the fol- floating roof; a rim seal detached from lowing procedure: the floating roof; all or a portion of the (1) The seal gap measurements shall floating roof deck being submerged be performed at one or more floating below the surface of the liquid in the roof levels when the roof is floating off tank; broken, cracked, or otherwise the roof supports. damaged seals or gaskets on closure de- (2) Seal gaps, if any, shall be meas- vices; and broken or missing hatches, ured around the entire perimeter of the access covers, caps, or other closure de- floating roof in each place where a 0.32- vices.
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(B) The owner or operator shall per- the tank. This notification may be form an initial inspection of the exter- made by telephone and immediately nal floating roof and its closure devices followed by a written explanation for on or before the date that the tank be- why the inspection is unplanned. Alter- comes subject to this section. There- natively, written notification, includ- after, the owner or operator shall per- ing the explanation for the unplanned form the inspections at least once inspection, may be sent so that it is re- every year except for the special condi- ceived by the Regional Administrator tions provided for in paragraph (l) of at least 7 calendar days before refilling this section. the tank. (C) In the event that a defect is de- (4) Safety devices, as defined in 40 tected, the owner or operator shall re- CFR 265.1081, may be installed and op- pair the defect in accordance with the erated as necessary on any tank com- requirements of paragraph (k) of this plying with the requirements of para- section. graph (f) of this section. (D) The owner or operator shall (g) The owner or operator who con- maintain a record of the inspection in trols air pollutant emissions from a 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
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designing the fixed roof and closure de- hatches, access covers, caps, or other vices shall include: Organic vapor per- closure devices. meability, the effects of any contact (ii) The closed-vent system and con- with the liquid and its vapor managed trol device shall be inspected and mon- in the tank; the effects of outdoor ex- itored by the owner or operator in ac- posure to wind, moisture, and sunlight; cordance with the procedures specified and the operating practices used for in § 265.1088 of this subpart. the tank on which the fixed roof is in- (iii) The owner or operator shall per- stalled. form an initial inspection of the air (iv) The closed-vent system and con- emission control equipment on or be- trol device shall be designed and oper- fore the date that the tank becomes ated in accordance with the require- subject to this section. Thereafter, the ments of § 265.1088 of this subpart. owner or operator shall perform the in- (2) Whenever a hazardous waste is in spections at least once every year ex- the tank, the fixed roof shall be in- cept for the special conditions provided stalled with each closure device se- for in paragraph (l) of this section. cured in the closed position and the (iv) In the event that a defect is de- vapor headspace underneath the fixed tected, the owner or operator shall re- roof vented to the control device ex- pair the defect in accordance with the cept as follows: requirements of paragraph (k) of this (i) Venting to the control device is section. not required, and opening of closure de- (v) The owner or operator shall main- vices or removal of the fixed roof is al- tain a record of the inspection in ac- lowed at the following times: cordance with the requirements speci- (A) To provide access to the tank for fied in § 265.1090(b) of this subpart. performing routine inspection, mainte- 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 (B) To remove accumulated sludge or emissions as determined using the pro- other residues from the bottom of a cedure specified in § 265.1084(d) of this tank. subpart. (ii) Opening of a safety device, as de- (3) Whenever a hazardous waste is in fined in § 265.1081 of this subpart, is al- the tank, the tank shall be operated as lowed at any time conditions require a closed system that does not vent to doing so to avoid an unsafe condition. the atmosphere except under either or (3) The owner or operator shall in- the following conditions as specified in spect and monitor the air emission paragraph (h)(3)(i) or (h)(3)(ii) of this control equipment in accordance with section. the following procedures: (i) At those times when opening of a (i) The fixed roof and its closure de- safety device, as defined in § 265.1081 of vices shall be visually inspected by the this subpart, is required to avoid an owner or operator to check for defects unsafe condition. that could result in air pollutant emis- (ii) At those times when purging of sions. Defects include, but are not lim- inerts from the tank is required and ited to, visible cracks, holes, or gaps in the purge stream is routed to a closed- the roof sections or between the roof vent system and control device de- and the tank wall; broken, cracked, or signed and operated in accordance with otherwise damaged seals or gaskets on the requirements of § 265.1088 of this closure devices; and broken or missing subpart.
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(i) The owner or operator who con- another closed system that does not trols air pollutant emissions by using allow exposure of the hazardous waste an enclosure vented through a closed- to the atmosphere. For the purpose of vent system to an enclosed combustion complying with this provision, an indi- control device shall meet the require- vidual drain system is considered to be ments specified in paragraphs (i)(1) a closed system when it meets the re- through (i)(4) of this section. quirements of 40 CFR part 63, subpart (1) The tank shall be located inside RR—National Emission Standards for an enclosure. The enclosure shall be de- Individual Drain Systems. signed and operated in accordance with (2) The requirements of paragraph the criteria for a permanent total en- (j)(1) of this section do not apply when closure as specified in ‘‘Procedure T— transferring a hazardous waste to the Criteria for and Verification of a Per- tank under any of the following condi- manent or Temporary Total Enclosure’’ tions: under 40 CFR 52.741, appendix B. The (i) The hazardous waste meets the av- enclosure may have permanent or tem- erage VO concentration conditions porary openings to allow worker ac- specified in § 265.1083(c)(1) of this sub- cess; passage of material into or out of part at the point of waste origination. the enclosure by conveyor, vehicles, or (ii) The hazardous waste has been other mechanical means; entry of per- treated by an organic destruction or manent mechanical or electrical equip- removal process to meet the require- ment; or direct airflow into the enclo- ments in § 265.1083(c)(2) of this subpart. sure. The owner or operator shall per- form the verification procedure for the (iii) The hazardous waste meets the enclosure as specified in Section 5.0 to requirements of § 265.1083(c)(4) of this subpart. ‘‘Procedure T—Criteria for and 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 (2) Repair of a defect may be delayed control device used to comply with the beyond 45 calendar days if the owner or requirements of paragraphs (i)(1) and operator determines that repair of the (i)(2) of this section. defect requires emptying or temporary (4) The owner or operator shall in- removal from service of the tank and spect and monitor the closed-vent sys- no alternative tank capacity is avail- tem and control device as specified in able at the site to accept the hazardous § 265.1088 of this subpart. waste normally managed in the tank. (j) The owner or operator shall trans- In this case, the owner or operator fer hazardous waste to a tank subject shall repair the defect the next time to this section in accordance with the the process or unit that is generating following requirements: 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 fect shall be completed before the proc- this section, to the tank from another ess or unit resumes operation. tank subject to this section or from a (l) Following the initial inspection surface impoundment subject to and monitoring of the cover as required § 265.1086 of this subpart shall be con- by the applicable provisions of this ducted using continuous hard-piping or subpart, subsequent inspection and
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monitoring may be performed at inter- membrane cover shall meet the re- vals longer than 1 year under the fol- quirements specified in paragraphs lowing special conditions: (c)(1) through (c)(3) of this section. (1) In the case when inspecting or (1) The surface impoundment shall be monitoring the cover would expose a equipped with a floating membrane worker to dangerous, hazardous, or cover designed to meet the following other unsafe conditions, then the specifications: owner or operator may designate a (i) The floating membrane cover cover as an ‘‘unsafe to inspect and mon- shall be designed to float on the liquid itor cover’’ and comply with all of the surface during normal operations and following requirements: form a continuous barrier over the en- (i) Prepare a written explanation for tire surface area of the liquid. the cover stating the reasons why the (ii) The cover shall be fabricated cover is unsafe to visually inspect or to from a synthetic membrane material monitor, if required. that is either: (ii) Develop and implement a written (A) High density polyethylene plan and schedule to inspect and mon- itor the cover, using the procedures (HDPE) with a thickness no less than specified in the applicable section of 2.5 millimeters (mm); or this subpart, as frequently as prac- (B) A material or a composite of dif- ticable during those times when a ferent materials determined to have worker can safely access the cover. both organic permeability properties (2) In the case when a tank is buried that are equivalent to those of the ma- partially or entirely underground, an terial listed in paragraph (c)(1)(ii)(A) of owner or operator is required to in- this section and chemical and physical spect and monitor, as required by the properties that maintain the material applicable provisions of this section, integrity for the intended service life only those portions of the tank cover of the material. and those connections to the tank (e.g., (iii) The cover shall be installed in a 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, 1999] (iv) Except as provided for in para- 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 tical, and will maintain the integrity surface impoundment using a floating of the closure devices throughout their
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intended service life. Factors to be con- hatches, access covers, caps, or other sidered when selecting the materials of closure devices. construction and designing the cover (ii) The owner or operator shall per- and closure devices shall include: Or- form an initial inspection of the float- ganic vapor permeability; the effects of ing membrane cover and its closure de- any contact with the liquid and its vices on or before the date that the vapor managed in the surface impound- surface impoundment becomes subject ment; the effects of outdoor exposure to this section. Thereafter, the owner to wind, moisture, and sunlight; and or operator shall perform the inspec- the operating practices used for the tions at least once every year except surface impoundment on which the for the special conditions provided for floating membrane cover is installed. in paragraph (g) of this section. (2) Whenever a hazardous waste is in (iii) In the event that a defect is de- the surface impoundment, the floating tected, the owner or operator shall re- membrane cover shall float on the liq- pair the defect in accordance with the uid and each closure device shall be se- requirements of paragraph (f) of this cured in the closed position except as section. follows: (iv) The owner or operator shall (i) Opening of closure devices or re- maintain a record of the inspection in moval of the cover is allowed at the accordance with the requirements spec- following times: ified in § 265.1090(c) of this subpart. (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.
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(iii) The cover and its closure devices control equipment in accordance with shall be made of suitable materials the following procedures: that will minimize exposure of the haz- (i) The surface impoundment cover ardous waste to the atmosphere, to the and its closure devices shall be visually extent practical, and will maintain the inspected by the owner or operator to integrity of the cover and closure de- check for defects that could result in vices throughout their intended service air pollutant emissions. Defects in- life. Factors to be considered when se- clude, but are not limited to, visible lecting the materials of construction cracks, holes, or gaps in the cover sec- and designing the cover and closure de- tion seams or between the interface of vices shall include: Organic vapor per- the cover edge and its foundation meability; the effects of any contact mountings; broken, cracked, or other- with the liquid or its vapors managed wise damaged seals or gaskets on clo- in the surface impoundment; the ef- sure devices; and broken or missing fects of outdoor exposure to wind, hatches, access covers, caps, or other moisture, and sunlight; and the oper- closure devices. ating practices used for the surface im- (ii) The closed-vent system and con- poundment on which the cover is in- trol device shall be inspected and mon- stalled. itored by the owner or operator in ac- (iv) The closed-vent system and con- cordance with the procedures specified trol device shall be designed and oper- in § 265.1088 of this subpart. ated in accordance with the require- (iii) The owner or operator shall per- ments of § 265.1088 of this subpart. form an initial inspection of the air (2) Whenever a hazardous waste is in emission control equipment on or be- the surface impoundment, the cover fore the date that the surface impound- shall be installed with each closure de- ment becomes subject to this section. vice secured in the closed position and Thereafter, the owner or operator shall 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
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63, subpart RR—National Emission ‘‘unsafe to inspect and monitor cover’’ Standards for Individual Drain Sys- and comply with all of the following re- tems. quirements: (2) The requirements of paragraph (1) Prepare a written explanation for (e)(1) of this section do not apply when the cover stating the reasons why the transferring a hazardous waste to the cover is unsafe to visually inspect or to surface impoundment under either of monitor, if required. the following conditions: (2) Develop and implement a written (i) The hazardous waste meets the av- plan and schedule to inspect and mon- erage VO concentration conditions itor the cover using the procedures specified in § 265.1083(c)(1) of this sub- specified in the applicable section of part at the point of waste origination. this subpart as frequently as prac- (ii) The hazardous waste has been ticable during those times when a treated by an organic destruction or worker can safely access the cover. removal process to meet the require- [61 FR 59984, Nov. 25, 1996, as amended at 62 ments in § 265.1083(c)(2) of this subpart. FR 64666, Dec. 8, 1997] (iii) The hazardous waste meets the requirements of § 265.1083(c)(4) of this § 265.1087 Standards: Containers. subpart. (a) The provisions of this section (f) The owner or operator shall repair apply to the control of air pollutant each defect detected during an inspec- emissions from containers for which tion performed in accordance with the § 265.1083(b) of this subpart references requirements of paragraph (c)(3) or the use of this section for such air (d)(3) of this section as follows: emission control. (1) The owner or operator shall make (b) General requirements. The owner or first efforts at repair of the defect no operator shall control air pollutant later than 5 calendar days after detec- emissions from each container subject tion, and repair shall be completed as to this section in accordance with the soon as possible but no later than 45 following requirements, as applicable calendar days after detection except as to the container, except when the spe- provided in paragraph (f)(2) of this sec- cial provisions for waste stabilization tion. processes specified in paragraph (b)(2) (2) Repair of a defect may be delayed of this section apply to the 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
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treatment of a hazardous waste by a device or cover material to wind, mois- waste stabilization process, the owner ture, and sunlight; and the operating or operator shall control air pollutant practices for which the container is in- emissions from the container in ac- tended to be used. cordance with the Container Level 3 (3) Whenever a hazardous waste is in standards specified in paragraph (e) of a container using Container Level 1 this section at those times during the controls, the owner or operator shall waste stabilization process when the install all covers and closure devices hazardous waste in the container is ex- for the container, as applicable to the posed to the atmosphere. container, and secure and maintain (c) Container Level 1 standards. (1) A each closure device in the closed posi- container using Container Level 1 con- tion except as follows: trols is one of the following: (i) Opening of a closure device or (i) A container that meets the appli- cover is allowed for the purpose of add- cable U.S. Department of Transpor- ing hazardous waste or other material tation (DOT) regulations on packaging to the container as follows: 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- upon either the container being filled able tank’’ or bulk cargo container to the intended final level; the comple- equipped with a screw-type cap). tion of a batch loading after which no (iii) An open-top container in which additional material will be added to an organic-vapor suppressing barrier is the container within 15 minutes; the placed on or over the hazardous waste person performing the loading oper- in the container such that no haz- ation leaving the immediate vicinity of ardous waste is exposed to the atmos- the container; or the shutdown of the phere. One example of such a barrier is process generating the material being application of a suitable organic-vapor added to the container, whichever con- suppressing foam. dition occurs first. (2) A container used to meet the re- (ii) Opening of a closure device or quirements of paragraph (c)(1)(ii) or cover is allowed for the purpose of re- (c)(1)(iii) of this section shall be moving hazardous waste from the con- equipped with covers and closure de- tainer as follows: vices, as applicable to the container, (A) For the purpose of meeting the that are composed of suitable mate- requirements of this section, an empty rials to minimize exposure of the haz- container as defined in 40 CFR 261.7(b) ardous waste to the atmosphere and to may be open to the atmosphere at any maintain the equipment integrity for time (i.e., covers and closure devices as long as it is in service. Factors to be are not required to be secured in the considered in selecting the materials of closed position on an empty container). construction and designing the cover (B) In the case when discrete quan- and closure devices shall include: Or- tities or batches of material are re- ganic vapor permeability, the effects of moved from the container but the con- contact with the hazardous waste or its tainer does not meet the conditions to vapor managed in the container; the ef- be an empty container as defined in 40 fects of outdoor exposure of the closure CFR 261.7(b), the owner or operator
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shall promptly secure the closure de- sult of loading operations or diurnal vices in the closed position and install ambient temperature fluctuations. covers, as applicable to the container, (v) Opening of a safety device, as de- upon the completion of a batch re- fined in § 265.1081 of this subpart, is al- moval after which no additional mate- lowed at any time conditions require rial will be removed from the container doing so to avoid an unsafe condition. within 15 minutes or the person per- (4) The owner or operator of con- forming the unloading operation leaves tainers using Container Level 1 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., 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 (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
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requirements of paragraph (c)(4)(iii) of any one of the following: A submerged- this section. fill pipe or other submerged-fill method (iii) When a defect is detected for the to load liquids into the container; a container, cover, or closure devices, vapor-balancing system or a vapor-re- the owner or operator shall make first covery system to collect and control efforts at repair of the defect no later the vapors displaced from the con- than 24 hours after detection, and re- tainer during filling operations; or a pair shall be completed as soon as pos- fitted opening in the top of a container sible but no later than 5 calendar days through which the hazardous waste is after detection. If repair of a defect filled and subsequently purging the cannot be completed within 5 calendar transfer line before removing it from days, then the hazardous waste shall be the container opening. removed from the container and the (3) Whenever a hazardous waste is in container shall not be used to manage a container using Container Level 2 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 hazardous materials for transportation container, upon conclusion of the fill- as specified in paragraph (f) of this sec- ing operation. tion. (B) In the case when discrete quan- (ii) A container that operates with no tities or batches of material intermit- detectable organic emissions as defined tently are added to the container over in § 265.1081 of this subpart and deter- a period of time, the owner or operator mined in accordance with the proce- shall promptly secure the closure de- dure specified in paragraph (g) of this vices in the closed position and install section. covers, as applicable to the container, (iii) A container that has been dem- upon either the container being filled onstrated within the preceding 12 to the intended final level; the comple- months to be vapor-tight by using 40 tion of a batch loading after which no CFR part 60, appendix A, Method 27 in additional material will be added to accordance with the procedure speci- the container within 15 minutes; the 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
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are not required to be secured in the explosive, reactive, or hazardous mate- closed position on an empty container). rials. Examples of normal operating (B) In the case when discrete quan- conditions that may require these de- tities or batches of material are re- vices to open are during those times moved from the container but the con- when the internal pressure of the con- tainer does not meet the conditions to tainer exceeds the internal pressure op- be an empty container as defined in 40 erating range for the container as a re- CFR 261.7(b), the owner or operator sult of loading operations or diurnal shall promptly secure the closure de- ambient temperature fluctuations. vices in the closed position and install (v) Opening of a safety device, as de- covers, as applicable to the container, fined in § 265.1081 of this subpart, is al- upon the completion of a batch re- lowed at any time conditions require moval after which no additional mate- doing so to avoid an unsafe condition. rial will be removed from the container (4) The owner or operator of con- within 15 minutes or the person per- tainers using Container Level 2 con- forming the unloading operation leaves trols shall inspect the containers and the immediate vicinity of the con- their covers and closure devices as fol- tainer, whichever condition occurs lows: first. (i) In the case when a hazardous (iii) Opening of a closure device or waste already is in the container at the cover is allowed when access inside the time the owner or operator first ac- container is needed to perform routine cepts possession of the container at the 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 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
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months, to check for visible cracks, cedure T—Criteria for and Verification holes, gaps, or other open spaces into of a Permanent or Temporary Total the interior of the container when the Enclosure’’ initially when the enclosure cover and closure devices are secured is first installed and, thereafter, annu- in the closed position. If a defect is de- ally. tected, the owner or operator shall re- (ii) The closed-vent system and con- pair the defect in accordance with the trol device shall be designed and oper- requirements of paragraph (d)(4)(iii) of ated in accordance with the require- this section. ments of § 265.1088 of this subpart. (iii) When a defect is detected for the (3) Safety devices, as defined in container, cover, or closure devices, § 265.1081 of this subpart, may be in- the owner or operator shall make first stalled and operated as necessary on efforts at repair of the defect no later any container, enclosure, closed-vent than 24 hours after detection, and re- system, or control device used to com- pair shall be completed as soon as pos- sible but no later than 5 calendar days ply with the requirements of paragraph after detection. If repair of a defect (e)(1) of this section. cannot be completed within 5 calendar (4) Owners and operators using Con- days, then the hazardous waste shall be tainer Level 3 controls in accordance removed from the container and the with the provisions of this subpart container shall not be used to manage shall inspect and monitor the closed- hazardous waste until the defect is re- vent systems and control devices as paired. specified in § 265.1088 of this subpart. (e) Container Level 3 standards. (1) A (5) Owners and operators that use container using Container Level 3 con- Container Level 3 controls in accord- trols is one of the following: ance with the provisions of this sub- (i) A container that is vented directly part shall prepare and maintain the through a closed-vent system to a con- records specified in § 265.1090(d) of this trol device in accordance with the re- subpart. quirements of paragraph (e)(2)(ii) of (6) Transfer of hazardous waste in or this section. out of a container using Container (ii) A container that is vented inside Level 3 controls shall be conducted in an enclosure which is exhausted such a manner as to minimize exposure through a closed-vent system to a con- of the hazardous waste to the atmos- trol device in accordance with the re- phere, to the extent practical, consid- quirements of paragraphs (e)(2)(i) and ering the physical properties of the (e)(2)(ii) of this section. hazardous waste and good engineering (2) The owner or operator shall meet and safety practices for handling flam- the following requirements, as applica- mable, ignitable, explosive, reactive, or ble to the type of air emission control other hazardous materials. Examples of equipment selected by the owner or op- erator: container loading procedures that the (i) The container enclosure shall be EPA considers to meet the require- designed and operated in accordance ments of this paragraph include using with the criteria for a permanent total any one of the following: A submerged- enclosure as specified in ‘‘Procedure fill pipe or other submerged-fill method T—Criteria for and Verification of a to load liquids into the container; a Permanent or Temporary Total Enclo- vapor-balancing system or a vapor-re- sure’’ under 40 CFR 52.741, appendix B. covery system to collect and control The enclosure may have permanent or the vapors displaced from the con- temporary openings to allow worker tainer during filling operations; or a access; passage of containers through fitted opening in the top of a container the enclosure by conveyor or other me- through which the hazardous waste is chanical means; entry of permanent filled and subsequently purging the mechanical or electrical equipment; or transfer line before removing it from direct airflow into the enclosure. The the container opening. owner or operator shall perform the (f) For the purpose of compliance verification procedure for the enclo- with paragraph (c)(1)(i) or (d)(1)(i) of sure as specified in Section 5.0 to ‘‘Pro- this section, containers shall be used 597
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that meet the applicable U.S. Depart- hazardous wastes expected to be man- ment of Transportation (DOT) regula- aged in this type of container. During tions on packaging hazardous mate- the test, the container cover and clo- rials for transportation as follows: sure devices shall be secured in the (1) The container meets the applica- closed position. ble requirements specified in 49 CFR (h) Procedure for determining a con- part 178—Specifications for Packaging tainer to be vapor-tight using Method or 49 CFR part 179—Specifications for 27 of 40 CFR part 60, appendix A for the Tank Cars. purpose of complying with paragraph (2) Hazardous waste is managed in (d)(1)(iii) of this section. the container in accordance with the (1) The test shall be performed in ac- applicable requirements specified in 49 cordance with Method 27 of 40 CFR part CFR part 107, subpart B—Exemptions; 60, appendix A of this chapter. 49 CFR part 172—Hazardous Materials (2) A pressure measurement device Table, Special Provisions, Hazardous shall be used that has a precision of 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] 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
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locking device as specified in para- device to comply with the require- graph (b)(3)(ii) of this section. For the ments of this section shall comply with purpose of complying with this para- the requirements specified in para- graph, low leg drains, high point graphs (c)(2)(i) through (c)(2)(vi) of this bleeds, analyzer vents, open-ended section. valves or lines, spring-loaded pressure (i) Periods of planned routine main- relief valves, and other fittings used for tenance of the control device, during safety purposes are not considered to which the control device does not meet be bypass devices. the specifications of paragraphs (i) If a flow indicator is used to com- (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this ply with paragraph (b)(3) of this sec- section, as applicable, shall not exceed tion, the indicator shall be installed at 240 hours per year. the inlet to the bypass line used to di- (ii) The specifications and require- vert gases and vapors from the closed- ments in paragraphs (c)(1)(i), (c)(1)(ii), vent system to the atmosphere at a and (c)(1)(iii) of this section for control 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:
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(i) Following the initial startup of owner or operator shall use the test the control device, all activated carbon methods and procedures specified in in the control device shall be replaced § 265.1034(c)(1) through (c)(4). with fresh carbon on a regular basis in (iv) For a design analysis conducted accordance with the requirements of to meet the requirements of paragraph § 265.1033(g) or § 265.1033(h). (c)(5)(i) of this section, the design anal- (ii) All carbon that is a hazardous ysis shall meet the requirements speci- waste and that is removed from the fied in § 265.1035(b)(4)(iii). control device shall be managed in ac- (v) The owner or operator shall dem- cordance with the requirements of 40 onstrate that a carbon adsorption sys- CFR 265.1033(m), regardless of the aver- tem achieves the performance require- age volatile organic concentration of ments of paragraph (c)(1) of this sec- the carbon. tion based on the total quantity of (4) An owner or operator using a con- organics vented to the atmosphere trol device other than a thermal vapor from all carbon adsorption system 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 [59 FR 62935, Dec. 6, 1994, as amended at 61 (E) A boiler or industrial furnace 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
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and schedule to perform the inspec- accordance with the provisions of tions and monitoring required by para- § 265.1085 of this subpart, the owner or graph (a) of this section. The owner or operator shall also record the reason operator shall incorporate this plan for the delay and the date that comple- and schedule into the facility inspec- tion of repair of the defect is expected. tion plan required under 40 CFR 265.15. (2) In addition to the information re- [61 FR 59990, Nov. 25, 1996] quired by paragraph (b)(1) of this sec- tion, the owner or operator shall record § 265.1090 Recordkeeping require- the following information, as applica- ments. ble to the tank: (a) Each owner or operator of a facil- (i) The owner or operator using a ity subject to requirements in this sub- fixed roof to comply with the Tank part shall record and maintain the in- Level 1 control requirements specified formation specified in paragraphs (b) in § 265.1085(c) of this subpart shall pre- 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 for a minimum of 3 years. Air emission the date and time the samples were control equipment design documenta- collected, the analysis method used, tion shall be maintained in the oper- and the analysis results. ating record until the air emission con- (ii) The owner or operator using an trol equipment is replaced or otherwise internal floating roof to comply with no longer in service. Information re- the Tank Level 2 control requirements quired by paragraphs (i) and (j) of this specified in § 265.1085(e) of this subpart section shall be maintained in the op- shall prepare and maintain documenta- erating record for as long as the waste tion describing the floating roof design. management unit is not using air emis- (iii) Owners and operators using an sion controls specified in §§ 265.1085 external floating roof to comply with through 265.1088 of this subpart in ac- the Tank Level 2 control requirements cordance with the conditions specified specified in § 265.1085(f) of this subpart in § 265.1080(d) or § 265.1080(b)(7) of this shall prepare and maintain the fol- subpart, respectively. lowing records: (b) The owner or operator of a tank (A) Documentation describing the using air emission controls in accord- floating roof design and the dimensions ance with the requirements of § 265.1085 of the tank. of this subpart shall prepare and main- (B) Records for each seal gap inspec- tain records for the tank that include tion required by § 265.1085(f)(3) of this the following information: subpart describing the results of the (1) For each tank using air emission seal gap measurements. The records controls in accordance with the re- shall include the date that the meas- quirements of § 265.1085 of this subpart, the owner or operator shall record: urements were performed, the raw data (i) A tank identification number (or obtained for the measurements, and other unique identification description the calculations of the total gap sur- as selected by the owner or operator). face area. In the event that the seal (ii) A record for each inspection re- gap measurements do not conform to quired by § 265.1085 of this subpart that the specifications in § 265.1085(f)(1) of includes the following information: this subpart, the records shall include (A) Date inspection was conducted. a description of the repairs that were (B) For each defect detected during made, the date the repairs were made, the inspection: The location of the de- and the date the tank was emptied, if fect, a description of the defect, the necessary. date of detection, and corrective action (iv) Each owner or operator using an taken to repair the defect. In the event enclosure to comply with the Tank that repair of the defect is delayed in Level 2 control requirements specified
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in § 265.1085(i) of this subpart shall pre- (d) The owner or operator of con- pare and maintain the following tainers using Container Level 3 air records: emission controls in accordance with (A) Records for the most recent set of the requirements of § 265.1087 of this calculations and measurements per- subpart shall prepare and maintain formed by the owner or operator to records that include the following in- verify that the enclosure meets the cri- formation: teria of a permanent total enclosure as (1) Records for the most recent set of specified in ‘‘Procedure T—Criteria for calculations and measurements per- and Verification of a Permanent or formed by the owner or operator to Temporary Total Enclosure’’ under 40 verify that the enclosure meets the cri- CFR 52.741, appendix B. teria of a permanent total enclosure as (B) Records required for the closed- specified in ‘‘Procedure T—Criteria for vent system and control device in ac- and Verification of a Permanent or cordance with the requirements of Temporary Total Enclosure under 40 paragraph (e) of this section. ’’ (c) The owner or operator of a surface CFR 52.741, appendix B. impoundment using air emission con- (2) Records required for the closed- trols in accordance with the require- vent system and control device in ac- ments of § 265.1086 of this subpart shall cordance with the requirements of prepare and maintain records for the paragraph (e) of this section. surface impoundment that include the (e) The owner or operator using a following information: closed-vent system and control device (1) A surface impoundment identi- in accordance with the requirements of fication number (or other unique iden- § 265.1088 of this subpart shall prepare tification description as selected by and maintain records that include the the owner or operator). following information: (2) Documentation describing the (1) Documentation for the closed- floating membrane cover or cover de- vent system and control device that in- sign, as applicable to the surface im- cludes: poundment, that includes information (i) Certification that is signed and prepared by the owner or operator or dated by the owner or operator stating provided by the cover manufacturer or that the control device is designed to vendor describing the cover design, and operate at the performance level docu- certification by the owner or operator mented by a design analysis as speci- that the cover meets the specifications fied in paragraph (e)(1)(ii) of this sec- listed in § 265.1086(c) of this subpart. tion or by performance tests as speci- (3) A record for each inspection re- fied in paragraph (e)(1)(iii) of this sec- quired by § 265.1086 of this subpart that tion when the tank, surface impound- includes the following information: ment, or container is or would be oper- (i) Date inspection was conducted. ating at capacity or the highest level (ii) For each defect detected during reasonably expected to occur. the inspection the following informa- tion: The location of the defect, a de- (ii) If a design analysis is used, then scription of the defect, the date of de- design documentation as specified in 40 tection, and corrective action taken to CFR 265.1035(b)(4). The documentation repair the defect. In the event that re- shall include information prepared by pair of the defect is delayed in accord- the owner or operator or provided by ance with the provisions of § 265.1086(f) the control device manufacturer or of this subpart, the owner or operator vendor that describes the control de- shall also record the reason for the vice design in accordance with 40 CFR delay and the date that completion of 265.1035(b)(4)(iii) and certification by repair of the defect is expected. the owner or operator that the control (4) For a surface impoundment equipment meets the applicable speci- equipped with a cover and vented fications. through a closed-vent system to a con- (iii) If performance tests are used, trol device, the owner or operator shall then a performance test plan as speci- prepare and maintain the records speci- fied in 40 CFR 265.1035(b)(3) and all test fied in paragraph (e) of this section. results.
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(iv) Information as required by 40 (f) The owner or operator of a tank, CFR 265.1035(c)(1) and 40 CFR surface impoundment, or container ex- 265.1035(c)(2), as applicable. empted from standards in accordance (v) An owner or operator shall record, with the provisions of § 265.1083(c) of on a semiannual basis, the information this subpart shall prepare and main- specified in paragraphs (e)(1)(v)(A) and tain the following records, as applica- (e)(1)(v)(B) of this section for those ble: planned routine maintenance oper- (1) For tanks, surface impoundments, ations that would require the control or containers exempted under the haz- device not to meet the requirements of ardous waste organic concentration § 265.1088 (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) conditions specified in § 265.1083(c)(1) or of this subpart, as applicable. § 265.1084(c)(2)(i) through (c)(2)(vi) of (A) A description of the planned rou- this subpart, the owner or operator tine maintenance that is anticipated to shall record the information used for be performed for the control device each waste determination (e.g., test re- during the next 6-month period. This sults, measurements, calculations, and description shall include the type of other documentation) in the facility 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 for system. each cover stating why the cover is un- (B) The duration of each period dur- safe 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
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parts 60 or 61 duplicates the docu- emission controls on the tanks would mentation required by this section. affect the tank design features and fa- (i) For each tank or container not cility operating procedures currently using air emission controls specified in used to prevent an undue safety hazard §§ 265.1085 through 265.1088 of this sub- during the management of this haz- part in accordance with the conditions ardous waste in the tanks; and why in- specified in § 265.1080(d) of this subpart, stallation of safety devices on the re- the owner or operator shall record and quired air emission controls, as allowed maintain the following information: under this subpart, will not address (1) A list of the individual organic those situations in which evacuation of peroxide compounds manufactured at tanks equipped with these air emission the facility that meet the conditions controls is necessary and consistent specified in § 265.1080(d)(1). with good engineering and safety prac- (2) A description of how the haz- ardous waste containing the organic tices for handling organic peroxides. peroxide compounds identified in para- (ii) For containers used at the facil- graph (i)(1) of this section are managed ity to manage these hazardous wastes, at the facility in tanks and containers. sufficient information shall be pro- This description shall include the fol- vided to explain: How use of the re- lowing information: quired air emission controls on the (i) For the tanks used at the facility containers would affect the container to manage this hazardous waste, suffi- design features and handling proce- cient information shall be provided to dures currently used to prevent an describe for each tank: A facility iden- undue safety hazard during the man- tification number for the tank; the agement of this hazardous waste in the purpose and placement of this tank in containers; and why installation of the management train of this haz- safety devices on the required air emis- ardous waste; and the procedures used sion controls, as allowed under this to ultimately dispose of the hazardous subpart, will not address those situa- waste managed in the tanks. tions in which evacuation of containers (ii) For containers used at the facil- equipped with these air emission con- ity to manage these hazardous wastes, trols is necessary and consistent with sufficient information shall be pro- good engineering and safety practices vided to describe: A facility identifica- for handling organic peroxides. tion number for the container or group (j) For each hazardous waste manage- of containers; the purpose and place- ment of this container, or group of con- ment unit not using air emission con- tainers, in the management train of trols specified in §§ 265.1085 through this hazardous waste; and the proce- 265.1088 of this subpart in accordance dures used to ultimately dispose of the with the provisions of § 265.1080(b)(7) of hazardous waste handled in the con- this subpart, the owner and operator tainers. shall record and maintain the following (3) An explanation of why managing information: the hazardous waste containing the or- (1) Certification that the waste man- ganic peroxide compounds identified in agement unit is equipped with and op- paragraph (i)(1) of this section in the erating air emission controls in accord- tanks and containers as described in ance with the requirements of an appli- paragraph (i)(2) of this section would cable Clean Air Act regulation codified create an undue safety hazard if the air under 40 CFR part 60, part 61, or part emission controls, as required under 63. §§ 265.1085 through 265.1088 of this sub- (2) Identification of the specific re- part, are installed and operated on quirements codified under 40 CFR part these waste management units. This 60, part 61, or part 63 with which the explanation shall include the following waste management unit is in compli- information: ance. (i) For tanks used at the facility to manage these hazardous wastes, suffi- [61 FR 59990, Nov. 25, 1996, as amended at 62 cient information shall be provided to FR 64667, Dec. 8, 1997] explain: How use of the required air
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§ 265.1091 [Reserved] capable of detecting, collecting, and re- moving leaks of hazardous constituents Subpart DD—Containment at the earliest possible time, unless the Buildings unit has been granted a variance from the secondary containment system re- quirements under § 265.1101(b)(4); SOURCE: 57 FR 37268, Aug. 18, 1992, unless (d) Has controls as needed to permit otherwise noted. fugitive dust emissions; and § 265.1100 Applicability. (e) Is designed and operated to ensure containment and prevent the tracking The requirements of this subpart of materials from the unit by personnel apply to owners or operators who store or equipment. or treat hazardous waste in units de- signed and operated under § 265.1101 of § 265.1101 Design and operating stand- this subpart. These provisions will be- ards. come effective on February 18, 1993, al- (a) All containment buildings must though the owner or operator may no- comply with the following design tify the Regional Administrator of his standards: intent to be bound by this subpart at (1) The containment building must be an earlier time. The owner or operator completely enclosed with a floor, walls, is not subject to the definition of land disposal in RCRA section 3004(k) pro- and a roof to prevent exposure to the vided that the unit: elements, (e.g., precipitation, wind, (a) Is a completely enclosed, self-sup- run-on), and to assure containment of porting structure that is designed and managed wastes. constructed of manmade materials of (2) The floor and containment walls sufficient strength and thickness to of the unit, including the secondary support themselves, the waste con- containment system if required under tents, and any personnel and heavy paragraph (b) of this section, must be equipment that operate within the designed and constructed of materials units, and to prevent failure due to of sufficient strength and thickness to pressure gradients, settlement, com- support themselves, the waste con- pression, or uplift, physical contact tents, and any personnel and heavy with the hazardous wastes to which equipment that operate within the they are exposed; climatic conditions; unit, and to prevent failure due to pres- and the stresses of daily operation, in- sure gradients, settlement, compres- cluding the movement of heavy equip- sion, or uplift, physical contact with ment within the unit and contact of the hazardous wastes to which they are such equipment with containment exposed; climatic conditions; and the walls; stresses of daily operation, including (b) Has a primary barrier that is de- the movement of heavy equipment signed to be sufficiently durable to within the unit and contact of such withstand the movement of personnel equipment with containment walls. and handling equipment within the The unit must be designed so that it unit; has sufficient structural strength to (c) If the unit is used to manage liq- prevent collapse or other failure. All uids, has: surfaces to be in contact with haz- (1) A primary barrier designed and ardous wastes must be chemically com- constructed of materials to prevent mi- patible with those wastes. EPA will gration of hazardous constituents into consider standards established by pro- the barrier; fessional organizations generally rec- (2) A liquid collection system de- ognized by the industry such as the signed and constructed of materials to American Concrete Institute (ACI) and minimize the accumulation of liquid on the American Society of Testing Mate- the primary barrier; and rials (ASTM) in judging the structural (3) A secondary containment system integrity requirements of this para- designed and constructed of materials graph. If appropriate to the nature of to prevent migration of hazardous con- the waste management operation to stituents into the barrier, with a leak take place in the unit, an exception to detection and liquid collection system the structural strength requirement
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may be made for light-weight doors (i) The requirements of the leak de- and windows that meet these criteria: tection component of the secondary (i) They provide an effective barrier containment system are satisfied by against fugitive dust emissions under installation of a system that is, at a paragraph (c)(1)(iv); and minimum: (ii) The unit is designed and operated (A) Constructed with a bottom slope in a fashion that assures that wastes of 1 percent or more; and will not actually come in contact with (B) Constructed of a granular drain- these openings. age material with a hydraulic conduc- (3) Incompatible hazardous wastes or tivity of 1 × 10-2 cm/sec or more and a treatment reagents must not be placed thickness of 12 inches (30.5 cm) or in the unit or its secondary contain- more, or constructed of synthetic or ment system if they could cause the geonet drainage materials with a unit or secondary containment system trasmissivity of 3 × 10¥5 m 2/sec or to leak, corrode, or otherwise fail. more. (4) A containment building must (ii) If treatment is to be conducted in have a primary barrier designed to the building, an area in which such withstand the movement of personnel, treatment will be conducted must be waste, and handling equipment in the designed to prevent the release of liq- unit during the operating life of the uids, wet materials, or liquid aerosols unit and appropriate for the physical to other portions of the building. 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(d)(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- (i) The primary barrier must be able secondary containment system for sloped to drain liquids to the associ- a tank.) ated collection system; and (4) For existing units other than 90- (ii) Liquids and waste must be col- day generator units, the Regional Ad- lected and removed to minimize hy- ministrator may delay the secondary draulic head on the containment sys- containment requirement for up to two tem at the earliest practicable time years, based on a demonstration by the that protects human health and the en- owner or operator that the unit sub- vironment. stantially meets the standards of this (3) A secondary containment system Subpart. In making this demonstra- including a secondary barrier designed tion, the owner or operator must: and constructed to prevent migration (i) Provide written notice to the Re- of hazardous constituents into the bar- gional Administrator of their request rier, and a leak detection system that by February 18, 1993. This notification is capable of detecting failure of the must describe the unit and its oper- primary barrier and collecting accumu- ating practices with specific reference lated hazardous wastes and liquids at to the performance of existing contain- the earliest practicable time. ment systems, and specific plans for
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retrofitting the unit with secondary certification will be required prior to containment; operation of the unit. (ii) Respond to any comments from (3) Throughout the active life of the the Regional Administrator on these containment building, if the owner or plans within 30 days; and operator detects a condition that could (iii) Fulfill the terms of the revised lead to or has caused a release of haz- plans, if such plans are approved by the ardous waste, must repair the condi- Regional Administrator. tion promptly, in accordance with the (c) Owners or operators of all con- following procedures. tainment buildings must: (i) Upon detection of a condition that (1) Use controls and practices to en- has led to a release of hazardous waste sure containment of the hazardous (e.g., upon detection of leakage from waste within the unit; and, at a min- the primary barrier) the owner or oper- ator must: imum: (A) Enter a record of the discovery in (i) Maintain the primary barrier to the facility operating record; be free of significant cracks, gaps, cor- (B) Immediately remove the portion rosion, or other deterioration that of the containment building affected could cause hazardous waste to be re- by the condition from service; leased from the primary barrier; (C) Determine what steps must be (ii) Maintain the level of the stored/ taken to repair the containment build- treated hazardous waste within the ing, remove any leakage from the sec- containment walls of the unit so that ondary collection system, and establish the height of any containment wall is a schedule for accomplishing the clean- not exceeded; up and repairs; and (iii) Take measures to prevent the (D) Within 7 days after the discovery tracking of hazardous waste out of the of the condition, notify the Regional unit by personnel or by equipment used Administrator of the condition, and in handling the waste. An area must be within 14 working days, provide a writ- designated to decontaminate equip- ten notice to the Regional Adminis- ment and any rinsate must be collected trator with a description of the steps and properly managed; and taken to repair the containment build- (iv) Take measures to control fugi- ing, and the schedule for accomplishing tive dust emissions such that any open- the work. ings (doors, windows, vents, cracks, (ii) The Regional Administrator will etc.) exhibit no visible emissions. In review the information submitted, addition, all associated particulate col- make a determination regarding lection devices (e.g., fabric filter, elec- whether the containment building trostatic precipitator) must be oper- must be removed from service com- ated and maintained with sound air pletely or partially until repairs and pollution control practices. This state cleanup are complete, and notify the of no visible emissions must be main- owner or operator of the determination tained effectively at all times during and the underlying rationale in writ- normal operating conditions, including ing. when vehicles and personnel are enter- (iii) Upon completing all repairs and ing and exiting the unit. cleanup the owner or operator must no- (2) Obtain certification by a qualified tify the Regional Administrator in registered professional engineer that writing and provide a verification, the containment building design meets signed by a qualified, registered profes- the requirements of paragraphs (a) sional engineer, that the repairs and through (c) of this section. For units cleanup have been completed according placed into operation prior to February to the written plan submitted in ac- 18, 1993, this certification must be cordance with paragraph (c)(3)(i)(D) of placed in the facility’s operating this section. record (on-site files for generators who (4) Inspect and record in the facility’s are not formally required to have oper- operating record, at least once every ating records) no later than 60 days seven days, data gathered from moni- after the date of initial operation of toring equipment and leak detection the unit. After February 18, 1993, PE equipment as well as the containment
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building and the area immediately sur- finds that not all contaminated sub- rounding the containment building to soils can be practicably removed or de- detect signs of releases of hazardous contaminated, he must close the facil- waste. ity and perform post-closure care in ac- (d) For containment building that cordance with the closure and post-clo- contains both areas with and without sure requirements that apply to land- secondary containment, the owner or fills (§ 265.310). In addition, for the pur- operator must: poses of closure, post-closure, and fi- (1) Design and operate each area in nancial responsibility, such a contain- accordance with the requirements enu- ment building is then considered to be merated in paragraphs (a) through (c) a landfill, and the owner or operator of this section; must meet all of the requirements for (2) Take measures to prevent the re- landfills specified in subparts G and H lease of liquids or wet materials into of this part. areas without secondary containment; and §§ 265.1103—265.1110 [Reserved] (3) Maintain in the facility’s oper- ating log a written description of the Subpart EE—Hazardous Waste operating procedures used to maintain the integrity of areas without sec- Munitions and Explosives Storage ondary containment. (e) Notwithstanding any other provi- SOURCE: 62 FR 6653, Feb. 12, 1997, unless sion of this subpart, the Regional Ad- otherwise noted. ministrator may waive requirements for secondary containment for a per- § 265.1200 Applicability. mitted containment building where the The requirements of this subpart owner or operator demonstrates that apply to owners or operators who store the only free liquids in the unit are munitions and explosive hazardous limited amounts of dust suppression wastes, except as § 265.1 provides other- liquids required to meet occupational wise. (NOTE: Depending on explosive health and safety requirements, and hazards, hazardous waste munitions where containment of managed wastes and explosives may also be managed in and liquids can be assured without a other types of storage units, including secondary containment system. containment buildings (40 CFR part 265, subpart DD), tanks (40 CFR part § 265.1102 Closure and post-closure care. 265, subpart J), or containers (40 CFR part 265, subpart I); See 40 CFR 266.205 (a) At closure of a containment build- for storage of waste military muni- ing, the owner or operator must re- tions). move or decontaminate all waste resi- dues, contaminated containment sys- § 265.1201 Design and operating stand- tem components (liners, etc.), contami- ards. nated subsoils, and structures and equipment contaminated with waste (a) Hazardous waste munitions and and leachate, and manage them as haz- explosives storage units must be de- ardous waste unless § 261.3(d) of this signed and operated with containment chapter applies. The closure plan, clo- systems, controls, and monitoring, sure activities, cost estimates for clo- that: sure, and financial responsibility for (1) Minimize the potential for detona- containment buildings must meet all tion or other means of release of haz- of the requirements specified in sub- ardous waste, hazardous constituents, parts G and H of this part. hazardous decomposition products, or (b) If, after removing or decontami- contaminated run-off, to the soil, nating all residues and making all rea- ground water, surface water, and at- sonable efforts to effect removal or de- mosphere; contamination of contaminated compo- (2) Provide a primary barrier, which nents, subsoils, structures, and equip- may be a container (including a shell) ment as required in paragraph (a) of or tank, designed to contain the haz- this section, the owner or operator ardous waste;
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(3) For wastes stored outdoors, pro- ance with a Standard Operating Proce- vide that the waste and containers will dure specifying procedures to ensure not be in standing precipitation; safety, security, and environmental (4) For liquid wastes, provide a sec- protection. If these procedures serve ondary containment system that the same purpose as the security and assures that any released liquids are inspection requirements of 40 CFR contained and promptly detected and 265.14, the preparedness and prevention removed from the waste area, or vapor procedures of 40 CFR part 265, subpart detection system that assures that any C, and the contingency plan and emer- released liquids or vapors are promptly gency procedures requirements of 40 detected and an appropriate response CFR part 265, subpart D, then these taken (e.g., additional containment, procedures will be used to fulfill those such as overpacking, or removal from requirements. the waste area); and (d) Hazardous waste munitions and (5) Provide monitoring and inspec- explosives must be packaged to ensure tion procedures that assure the con- safety in handling and storage. trols and containment systems are (e) Hazardous waste munitions and working as designed and that releases explosives must be inventoried at least that may adversely impact human annually. health or the environment are not es- (f) Hazardous waste munitions and caping from the unit. explosives and their storage units must (b) Hazardous waste munitions and be inspected and monitored as nec- explosives stored under this subpart essary to ensure explosives safety and may be stored in one of the following: to ensure that there is no migration of (1) Earth-covered magazines. Earth- contaminants out of the unit. covered magazines must be: (i) Constructed of waterproofed, rein- § 265.1202 Closure and post-closure forced concrete or structural steel care. arches, with steel doors that are kept (a) At closure of a magazine or unit closed when not being accessed; which stored hazardous waste under (ii) Designed and constructed: this subpart, the owner or operator (A) To be of sufficient strength and must remove or decontaminate all thickness to support the weight of any waste residues, contaminated contain- explosives or munitions stored and any ment system components, contami- equipment used in the unit; 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
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in accordance with the closure and TABLE 1ÐContinued post-closure requirements that apply to landfills (40 CFR 264.310). Unit of measure Code 1 Acres ...... B APPENDICES TO PART 265 Acre-feet ...... A Hectares ...... Q APPENDIX I TO PART 265— Hectare-meter ...... F RECORDKEEPING INSTRUCTIONS Btu's per Hour ...... I 1 Single digit symbols are used here for data processing The recordkeeping provisions of § 265.73 purposes. specify that an owner or operator must keep (3) The method(s) (by handling code(s) as a written operating record at his facility. specified in Table 2) and date(s) of treat- This appendix provides additional instruc- ment, storage, or disposal. tions for keeping portions of the operating record. See § 265.73(b) for additional record- TABLE 2.ÐHANDLING CODES FOR TREATMENT, keeping requirements. STORAGE AND DISPOSAL METHODS The following information must be re- corded, as it becomes available, and main- Enter the handling code(s) listed below tained in the operating record until closure that most closely represents the technique(s) of the facility in the following manner: used at the facility to treat, store or dispose Records of each hazardous waste received, of each quantity of hazardous waste re- treated, stored, or disposed of at the facility ceived. which include the following: (1) A description by its common name and 1. Storage the EPA Hazardous Waste Number(s) from S01 Container (barrel, drum, etc.) part 261 of this chapter which apply to the S02 Tank waste. The waste description also must in- S03 Waste Pile clude the waste’s physical form, i.e., liquid, S04 Surface Impoundment 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 Gallons per Hour ...... E T27 Cyanide destruction Gallons per Day ...... U T28 Degradation 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 Short Tons Per Day ...... N T33 Photolysis Metric Tons Per Day ...... S T34 Other (specify) Pounds Per Hour ...... J (c) Physical Treatment— Kilograms Per Hour ...... R (1) Separation of components Cubic Yards ...... Y Cubic Meters ...... C T35 Centrifugation
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T36 Clarification (f) Other Treatment T37 Coagulation T94 Containment Building (Treatment) T38 Decanting T39 Encapsulation 3. Disposal T40 Filtration D79 Underground Injection T41 Flocculation D80 Landfill T42 Flotation D81 Land Treatment T43 Foaming D82 Ocean Disposal T44 Sedimentation D83 Surface Impoundment (to be closed as a T45 Thickening landfill) T46 Ultrafiltration D99 Other Disposal (specify) T47 Other (specify) (2) Removal of Specific Components 4. Miscellaneous (Subpart X) T48 Absorption-molecular sieve X01 Open Burning/Open Detonation T49 Activated carbon X02 Mechanical Processing T50 Blending X03 Thermal Unit T51 Catalysis X04 Geologic Repository T52 Crystallization X99 Other Subpart X (specify) T53 Dialysis T54 Distillation [45 FR 33232, May 19, 1980, as amended at 59 T55 Electrodialysis FR 13892, Mar. 24, 1994] T56 Electrolysis T57 Evaporation APPENDIX II TO PART 265 [RESERVED] T58 High gradient magnetic separation T59 Leaching T60 Liquid ion exchange APPENDIX III TO PART 265—EPA IN- T61 Liquid-liquid extraction TERIM PRIMARY DRINKING WATER T62 Reverse osmosis T63 Solvent recovery STANDARDS T64 Stripping T65 Sand filter T66 Other (specify) Parameter Maximum level (d) Biological Treatment (mg/l) T67 Activated sludge Arsenic ...... 0.05 T68 Aerobic lagoon Barium ...... 1.0 T69 Aerobic tank Cadmium ...... 0.01 T70 Anaerobic tank Chromium ...... 0.05 Fluoride ...... 1.4±2.4 T71 Composting Lead ...... 0.05 T72 Septic tank Mercury ...... 0.002 T73 Spray irrigation Nitrate (as N) ...... 10 T74 Thickening filter Selenium ...... 0.01 T75 Tricking filter Silver ...... 0.05 T76 Waste stabilization pond Endrin ...... 0.0002 T77 Other (specify) Lindane ...... 0.004 Methoxychlor ...... 0.1 T78 [Reserved] Toxaphene ...... 0.005 T79 [Reserved] 2,4-D ...... 0.1 (e) Boilers and Industrial Furnaces 2,4,5-TP Silver ...... 0.01 Radium ...... 5 pCi/1 T80 Boiler Gross Alpha ...... 15 pCi/1 T81 Cement Kiln Gross Beta ...... 4 millirem/yr T82 Lime Kiln Turbidity ...... 1/TU T83 Aggregate Kiln Coliform Bacteria ...... 1/100 ml T84 Phosphate Kiln [Comment: Turbidity is applicable only to surface water T85 Coke Oven supplies.] T86 Blast Furnace T87 Smelting, Melting, or Refining Furnace APPENDIX IV TO PART 265—TESTS FOR T88 Titanium Dioxide Chloride Process Oxi- SIGNIFICANCE dation Reactor T89 Methane Reforming Furnace As required in § 265.93(b) the owner or oper- T90 Pulping Liquor Recovery Furnace ator must use the Student’s t-test to deter- T91 Combustion Device Used in the Recov- mine statistically significant changes in the ery of Sulfur Values From Spent Sulfuric concentration or value of an indicator pa- Acid rameter in periodic ground-water samples T92 Halogen Acid Furnaces when compared to the initial background T93 Other Industrial Furnaces Listed in 40 concentration or value of that indicator CFR 260.10 (specify) parameter. The comparison must consider
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individually each of the wells in the moni- In the lists below, the mixing of a Group A toring system. For three of the indicator pa- material with a Group B material may have rameters (specific conductance, total organic the potential consequence as noted. carbon, and total organic halogen) a single- tailed Student’s t-test must be used to test Group 1±A Group 1±B at the 0.01 level of significance for signifi- Acetylene sludge Acid sludge cant increases over background. The dif- Akaline caustic liquids Acid and water ference test for pH must be a two-tailed Stu- Alkaline cleaner Battery acid dent’s t-test at the overall 0.01 level of sig- Alkaline corrosive liquids Chemical clean- nificance. ers The student’s t-test involves calculation of Alkaline corrosive battery fluid Electrolyte, acid the value of a t-statistic for each comparison Caustic wastewater Etching acid liq- of the mean (average) concentration or value uid or solvent (based on a minimum of four replicate meas- Lime sludge and other corrosive alkalines Lime wastewater Pickling liquor urements) of an indicator parameter with its and other cor- initial background concentration or value. rosive acids The calculated value of the t-statistic must Lime and water Spent acid then be compared to the value of the t-sta- Spent caustic Spent mixed acid tistic found in a table for t-test of signifi- Spent sulfuric cance at the specified level of significance. A acid calculated value of t which exceeds the value of t found in the table indicates a statis- Potential consequences: Heat generation; tically significant change in the concentra- violent reaction. tion or value of the indicator parameter. Formulae for calculation of the t-statistic Group 2±A Group 2±B and tables for t-test of significance can be Aluminum Any waste in found in most introductory statistics texts. Group 1±A or 1±B APPENDIX V TO PART 265—EXAMPLES OF Beryllium POTENTIALLY INCOMPATIBLE WASTE Calcium Lithium Many hazardous wastes, when mixed with Magnesium Potassium other waste or materials at a hazardous Sodium waste facility, can produce effects which are Zinc powder harmful to human health and the environ- Other reactive metals and metal hydrides ment, such as (1) heat or pressure, (2) fire or explosion, (3) violent reaction, (4) toxic Potential consequences: Fire or explosion; dusts, mists, fumes, or gases, or (5) flam- generation of flammable hydrogen gas. mable fumes or gases. Below are examples of potentially incom- Group 3±A Group 3±B patible wastes, waste components, and mate- Alcohols Any concentrated rials, along with the harmful consequences waste in which result from mixing materials in one Groups 1±A or group with materials in another group. The 1±B list is intended as a guide to owners or oper- Water Calcium ators of treatment, storage, and disposal fa- Lithium cilities, and to enforcement and permit Metal hydrides granting officials, to indicate the need for Potassium SO Cl SOCl , special precautions when managing these po- 2 2, 2 PCl3, CH3SiCl3 tentially incompatible waste materials or Other water-reac- components. tive waste This list is not intended to be exhaustive. An owner or operator must, as the regula- Potential consequences: Fire, explosion, or tions require, adequately analyze his wastes heat generation; generation of flammable or so that he can avoid creating uncontrolled toxic gases. substances or reactions of the type listed below, whether they are listed below or not. Group 4±A Group 4±B It is possible for potentially incompatible wastes to be mixed in a way that precludes Alcohols Concentrated Group 1±A or a reaction (e.g., adding acid to water rather 1±B wastes than water to acid) or that neutralizes them Aldehydes Group 2±A (e.g., a strong acid mixed with a strong wastes base), or that controls substances produced Halogenated hydrocarbons (e.g., by generating flammable gases in a Nitrated hydrocarbons closed tank equipped so that ignition cannot Unsaturated hydrocarbons Other reactive organic compounds and occur, and burning the gases in an inciner- solvents ator).
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Potential consequences: Fire, explosion, or Group 6±A Group 6±B violent reaction. Chromic acid Group 4±A Group 5±A Group 5±B wastes Hyphochlorites Other flammable Spent cyanide and sulfide solutions Group 1±B and combus- wastes tible wastes Nitrates Potential consequences: Generation of Nitric acid, fuming toxic hydrogen cyanide or hydrogen sulfide Perchlorates gas. Permanganates Peroxides Group 6±A Group 6±B Other strong oxidizers Chlorates Acetic acid and other organic Potential consequences: Fire, explosion, or acids violent reaction. Chlorine Concentrated mineral acids SOURCE: ‘‘Law, Regulations, and Guidelines Chlorites Group 2±A for Handling of Hazardous Waste.’’ California wastes Department of Health, February 1975.
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. 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
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Compound name CAS No.
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) ...... 62737 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) ...... 9±64±57 4-Ethylmorpholine ...... 100±74±3 3-Ethylphenol ...... 620±17±7 Fluoroacetic acid, sodium salt ...... 62±74±8 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
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Compound name CAS No.
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 (dimethylolpropane) ...... 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 sulfone ...... 1120±71±4 beta-Propiolactone ...... 57±57±8 Proporur (Baygon). Propylene glycol ...... 57±55±6 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
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Compound name CAS No.
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]
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