Pt. 265 40 CFR Ch. I (7–1–19 Edition)
GROUND-WATER MONITORING LIST—Continued
Common name 1 CAS RN 2 Chemical abstracts service index name 3
2,4,5-Trichlorophenol ...... 95–95–4 ...... Phenol, 2,4,5-trichloro- 2,4,6-Trichlorophenol ...... 88–06–2 ...... Phenol, 2,4,6-trichloro- 1,2,3-Trichloropropane ...... 96–18–4 ...... Propane, 1,2,3-trichloro- O,O,O-Triethyl phosphorothioate ...... 126–68–1 ...... Phosphorothioic acid, O,O,O-triethyl ester sym-Trinitrobenzene ...... 99–35–4 ...... Benzene, 1,3,5-trinitro- Vanadium ...... (Total) ...... Vanadium Vinyl acetate ...... 108–05–4 ...... Acetic acid, ethenyl ester Vinyl chloride ...... 75–01–4 ...... Ethene, chloro- Xylene (total) ...... 1330–20–7 ...... Benzene, dimethyl- Zinc ...... (Total) ...... Zinc 1 Common names are those widely used in government regulations, scientific publications, and commerce; synonyms exist for many chemicals. 2 Chemical Abstracts Service registry number. Where ‘‘Total’’ is entered, all species in the ground water that contain this ele- ment are included. 3 CAS index names are those used in the 9th Cumulative Index. 4 Polychlorinated biphenyls (CAS RN 1336–36–3); this category contains congener chemicals, including constituents of Aroclor-1016 (CAS RN 12674–11–2), Aroclor-1221 (CAS RN 11104–28–2), Aroclor-1232 (CAS RN 11141–16–5), Aroclor-1242 (CAS RN 53469–21–9), Aroclor-1248 (CAS RN 12672–29–6), Aroclor-1254 (CAS RN 11097–69–1), and Aroclor-1260 (CAS RN 11096–82–5). 5 This category contains congener chemicals, including tetrachlorodibenzo-p-dioxins (see also 2,3,7,8-TCDD), pentachlorodibenzo-p-dioxins, and hexachlorodibenzo-p-dioxins. 6 This category contains congener chemicals, including tetrachlorodibenzofurans, pentachlorodibenzofurans, and hexachlorodibenzofurans.
[70 FR 34582, June 14, 2005, as amended at 70 FR 44151, Aug. 1, 2005]
PART 265—INTERIM STATUS STAND- 265.36 [Reserved] ARDS FOR OWNERS AND OPERA- 265.37 Arrangements with local authorities. TORS OF HAZARDOUS WASTE Subpart D—Contingency Plan and TREATMENT, STORAGE, AND DIS- Emergency Procedures POSAL FACILITIES 265.50 Applicability. 265.51 Purpose and implementation of con- Subpart A—General tingency plan. Sec. 265.52 Content of contingency plan. 265.1 Purpose, scope, and applicability. 265.53 Copies of contingency plan. 265.2–265.3 [Reserved] 265.54 Amendment of contingency plan. 265.4 Imminent hazard action. 265.55 Emergency coordinator. 265.56 Emergency procedures. Subpart B—General Facility Standards Subpart E—Manifest System, 265.10 Applicability. Recordkeeping, and Reporting 265.11 Identification number. 265.12 Required notices. 265.70 Applicability. 265.13 General waste analysis. 265.71 Use of manifest system. 265.14 Security. 265.72 Manifest discrepancies. 265.15 General inspection requirements. 265.73 Operating record. 265.16 Personnel training. 265.74 Availability, retention, and disposi- 265.17 General requirements for ignitable, tion of records. reactive, or incompatible wastes. 265.75 Biennial report. 265.18 Location standards. 265.76 Unmanifested waste report. 265.19 Construction quality assurance pro- 265.77 Additional reports. gram. Subpart F—Ground-Water Monitoring Subpart C—Preparedness and Prevention 265.90 Applicability. 265.30 Applicability. 265.91 Ground-water monitoring system. 265.31 Maintenance and operation of facil- 265.92 Sampling and analysis. ity. 265.93 Preparation, evaluation, and re- 265.32 Required equipment. sponse. 265.33 Testing and maintenance of equip- 265.94 Recordkeeping and reporting. ment. 265.34 Access to communications or alarm Subpart G—Closure and Post-Closure system. 265.35 Required aisle space. 265.110 Applicability.
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265.111 Closure performance standard. 265.197 Closure and post-closure care. 265.112 Closure plan; amendment of plan. 265.198 Special requirements for ignitable or 265.113 Closure; time allowed for closure. reactive wastes. 265.114 Disposal or decontamination of 265.199 Special requirements for incompat- equipment, structures and soils. ible wastes. 265.115 Certification of closure. 265.200 Waste analysis and trial tests. 265.116 Survey plat. 265.201 [Reserved] 265.117 Post-closure care and use of prop- 265.202 Air emission standards. erty. 265.118 Post-closure plan; amendment of Subpart K—Surface Impoundments plan. 265.119 Post-closure notices. 265.220 Applicability. 265.120 Certification of completion of post- 265.221 Design and operating requirements. closure care. 265.222 Action leakage rate. 265.121 Post-closure requirements for facili- 265.223 Containment system. ties that obtain enforceable documents 265.224 Response actions. in lieu of post-closure permits. 265.225 Waste analysis and trial tests. 265.226 Monitoring and inspection. Subpart H—Financial Requirements 265.227 [Reserved] 265.228 Closure and post-closure care. 265.140 Applicability. 265.229 Special requirements for ignitable or 265.141 Definitions of terms as used in this reactive waste. subpart. 265.230 Special requirements for incompat- 265.142 Cost estimate for closure. ible wastes. 265.143 Financial assurance for closure. 265.231 Air emission standards. 265.144 Cost estimate for post-closure care. 265.145 Financial assurance for post-closure Subpart L—Waste Piles care. 265.250 Applicability. 265.146 Use of a mechanism for financial as- 265.251 Protection from wind. surance of both closure and post-closure 265.252 Waste analysis. care. 265.253 Containment. 265.147 Liability requirements. 265.254 Design and operating requirements. 265.148 Incapacity of owners or operators, 265.255 Action leakage rates. guarantors, or financial institutions. 265.256 Special requirements for ignitable or 265.149 Use of State-required mechanisms. reactive waste. 265.150 State assumption of responsibility. 265.257 Special requirements for incompat- ible wastes. Subpart I—Use and Management of 265.258 Closure and post-closure care. Containers 265.259 Response actions. 265.260 Monitoring and inspection. 265.170 Applicability. 265.171 Condition of containers. Subpart M—Land Treatment 265.172 Compatibility of waste with con- tainer. 265.270 Applicability. 265.173 Management of containers. 265.271 [Reserved] 265.174 Inspections. 265.272 General operating requirements. 265.175 [Reserved] 265.273 Waste analysis. 265.176 Special requirements for ignitable or 265.274–265.275 [Reserved] reactive waste. 265.276 Food chain crops. 265.177 Special requirements for incompat- 265.277 [Reserved] ible wastes. 265.278 Unsaturated zone (zone of aeration) 265.178 Air emission standards. monitoring. 265.279 Recordkeeping. Subpart J—Tank Systems 265.280 Closure and post-closure. 265.281 Special requirements for ignitable or 265.190 Applicability. reactive waste. 265.191 Assessment of existing tank sys- 265.282 Special requirements for incompat- tem’s integrity. ible wastes. 265.192 Design and installation of new tank systems or components. Subpart N—Landfills 265.193 Containment and detection of re- leases. 265.300 Applicability. 265.194 General operating requirements. 265.301 Design and operating requirements. 265.195 Inspections. 265.302 Action leakage rate. 265.196 Response to leaks or spills and dis- 265.303 Response actions. position of leaking or unfit-for-use tank 265.304 Monitoring and inspection. systems. 265.305–265.308 [Reserved]
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265.309 Surveying and recordkeeping. 265.442 Design and installation of new drip 265.310 Closure and post-closure care. pads. 265.311 [Reserved] 265.443 Design and operating requirements. 265.312 Special requirements for ignitable or 265.444 Inspections. reactive waste. 265.445 Closure. 265.313 Special requirements for incompat- ible wastes. Subparts X–Z [Reserved] 265.314 Special requirements for bulk and containerized liquids. Subpart AA—Air Emission Standards for 265.315 Special requirements for containers. Process Vents 265.316 Disposal of small containers of haz- ardous waste in overpacked drums (lab 265.1030 Applicability. packs). 265.1031 Definitions. 265.1032 Standards: Process vents. Subpart O—Incinerators 265.1033 Standards: Closed-vent systems and control devices. 265.340 Applicability. 265.1034 Test methods and procedures. 265.341 Waste analysis. 265.1035 Recordkeeping requirements. 265.342–265.344 [Reserved] 265.1036–265.1049 [Reserved] 265.345 General operating requirements. 265.346 [Reserved] Subpart BB—Air Emission Standards for 265.347 Monitoring and inspections. Equipment Leaks 265.348–265.350 [Reserved] 265.351 Closure. 265.1050 Applicability. 265.352 Interim status incinerators burning 265.1051 Definitions. particular hazardous wastes. 265.1052 Standards: Pumps in light liquid 265.353–265.369 [Reserved] service. 265.1053 Standards: Compressors. Subpart P—Thermal Treatment 265.1054 Standards: Pressure relief devices in gas/vapor service. 265.370 Other thermal treatment. 265.1055 Standards: Sampling connection 265.371–265.372 [Reserved] systems. 265.373 General operating requirements. 265.1056 Standards: Open-ended valves or 265.374 [Reserved] lines. 265.375 Waste analysis. 265.1057 Standards: Valves in gas/vapor serv- 265.376 [Reserved] ice or in light liquid service. 265.377 Monitoring and inspections. 265.1058 Standards: Pumps and valves in 265.378–265.380 [Reserved] heavy liquid service, pressure relief de- 265.381 Closure. vices in light liquid or heavy liquid serv- 265.382 Open burning; waste explosives. ice, and flanges and other connectors. 265.383 Interim status thermal treatment 265.1059 Standards: Delay of repair. devices burning particular hazardous 265.1060 Standards: Closed-vent systems and waste. control devices. 265.1061 Alternative standards for valves in Subpart Q—Chemical, Physical, and gas/vapor service or in light liquid serv- Biological Treatment ice: percentage of valves allowed to leak. 265.1062 Alternative standards for valves in 265.400 Applicability. gas/vapor service or in light liquid serv- 265.401 General operating requirements. ice: skip period leak detection and re- 265.402 Waste analysis and trial tests. pair. 265.403 Inspections. 265.1063 Test methods and procedures. 265.404 Closure. 265.1064 Recordkeeping requirements. 265.405 Special requirements for ignitable or 265.1065–265.1079 [Reserved] reactive waste. 265.406 Special requirements for incompat- Subpart CC—Air Emission Standards for ible wastes. Tanks, Surface Impoundments, and Subpart R—Underground Injection Containers 265.430 Applicability. 265.1080 Applicability. 265.1081 Definitions. Subparts S–V [Reserved] 265.1082 Schedule for implementation of air emission standards. Subpart W—Drip Pads 265.1083 Standards: General. 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.
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265.1088 Standards: Closed-vent systems and (b) Except as provided in § 265.1080(b), control devices. the standards of this part, and of 40 265.1089 Inspection and monitoring require- CFR 264.552, 264.553, and 264.554, apply ments. to owners and operators of facilities 265.1090 Recordkeeping requirements. 265.1091 [Reserved] that treat, store or dispose of haz- ardous waste who have fully complied Subpart DD—Containment Buildings with the requirements for interim sta- tus under section 3005(e) of RCRA and 265.1100 Applicability. § 270.10 of this chapter until either a 265.1101 Design and operating standards. 265.1102 Closure and post-closure care. permit is issued under section 3005 of 265.1103–265.1110 [Reserved] RCRA or until applicable part 265 clo- sure and post-closure responsibilities Subpart EE—Hazardous Waste Munitions are fulfilled, and to those owners and and Explosives Storage operators of facilities in existence on November 19, 1980 who have failed to 265.1200 Applicability. provide timely notification as required 265.1201 Design and operating standards. 265.1202 Closure and post-closure care. by section 3010(a) of RCRA and/or failed to file Part A of the permit application Subpart FF—Fees for the Electronic as required by 40 CFR 270.10 (e) and (g). Hazardous Waste Manifest Program These standards apply to all treat- ment, storage and disposal of haz- 265.1300 Applicability. ardous waste at these facilities after 265.1310 Definitions applicable to this sub- part. the effective date of these regulations, 265.1311 Manifest transactions subject to except as specifically provided other- fees. wise in this part or part 261 of this 265.1312 User fee calculation methodology. chapter. 265.1313 User fee revisions. 265.1314 How to make user fee payments. [Comment: As stated in section 3005(a) of 265.1315 Sanctions for delinquent payments. RCRA, after the effective date of regulations 265.1316 Informal fee dispute resolution. under that section (i.e., parts 270 and 124 of this chapter), the treatment, storage and dis- APPENDIX I TO PART 265—RECORDKEEPING IN- posal of hazardous waste is prohibited except STRUCTIONS in accordance with a permit. Section 3005(e) APPENDIX II TO PART 265 [RESERVED] of RCRA provides for the continued oper- APPENDIX III TO PART 265—EPA INTERIM PRI- ation of an existing facility that meets cer- MARY DRINKING WATER STANDARDS tain conditions, until final administrative APPENDIX IV TO PART 265—TESTS FOR SIG- disposition of the owner’s and operator’s per- NIFICANCE mit application is made.] APPENDIX V TO PART 265—EXAMPLES OF PO- TENTIALLY INCOMPATIBLE WASTE (c) The requirements of this part do APPENDIX VI TO PART 265—COMPOUNDS WITH not apply to: HENRY’S LAW CONSTANT LESS THAN 0.1 Y/ (1) A person disposing of hazardous X waste by means of ocean disposal sub- AUTHORITY: 42 U.S.C. 6905, 6906, 6912, 6922, ject to a permit issued under the Ma- 6923, 6924, 6925, 6935, 6936, 6937, and 6939g. rine Protection, Research, and Sanc- SOURCE: 45 FR 33232, May 19, 1980, unless tuaries Act; otherwise noted. [Comment: These part 265 regulations do apply to the treatment or storage of haz- Subpart A—General ardous waste before it is loaded onto an ocean vessel for incineration or disposal at § 265.1 Purpose, scope, and applica- sea, as provided in paragraph (b) of this sec- bility. tion.] (a) The purpose of this part is to es- (2) [Reserved] tablish minimum national standards (3) The owner or operator of a POTW that define the acceptable management which treats, stores, or disposes of haz- of hazardous waste during the period of ardous waste; interim status and until certification [Comment: The owner or operator of a facility of final closure or, if the facility is sub- under paragraphs (c)(1) through (3) of this ject to post-closure requirements, until section is subject to the requirements of part post-closure responsibilities are ful- 264 of this chapter to the extent they are in- filled. cluded in a permit by rule granted to such a
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person under part 122 of this chapter, or are wastewater treatment unit as defined required by § 144.14 of this chapter.] in § 260.10 of this chapter, provided that (4) A person who treats, stores, or if the owner or operator is diluting haz- disposes of hazardous waste in a State ardous ignitable (D001) wastes (other with a RCRA hazardous waste program than the D001 High TOC Subcategory authorized under subpart A or B of part defined in § 268.40 of this chapter, Table 271 of this chapter, except that the re- Treatment Standards for Hazardous quirements of this part will continue Wastes), or reactive (D003) waste, to re- to apply: move the characteristic before land (i) If the authorized State RCRA pro- disposal, the owner/operator must com- gram does not cover disposal of haz- ply with the requirements set out in ardous waste by means of underground § 265.17(b). injection; or (11)(i) Except as provided in para- (ii) To a person who treats, stores, or graph (c)(11)(ii) of this section, a per- disposes of hazardous waste in a State son engaged in treatment or con- authorized under subpart A or B of part tainment activities during immediate 271 of this chapter if the State has not response to any of the following been authorized to carry out the re- situations: quirements and prohibitions applicable (A) A discharge of a hazardous waste; to the treatment, storage, or disposal (B) An imminent and substantial of hazardous waste at his facility threat of a discharge of a hazardous which are imposed pursuant to the waste; Hazardous and Solid Waste Act Amend- (C) A discharge of a material which, ments of 1984. The requirements and when discharged, becomes a hazardous prohibitions that are applicable until a waste. State receives authorization to carry (D) An immediate threat to human them out include all Federal program health, public safety, property, or the requirements identified in § 271.1(j); environment, from the known or sus- (5) The owner or operator of a facility pected presence of military munitions, permitted, licensed, or registered by a other explosive material, or an explo- State to manage municipal or indus- sive device, as determined by an explo- trial solid waste, if the only hazardous sive or munitions emergency response waste the facility treats, stores, or dis- specialist as defined in 40 CFR 260.10. poses of is excluded from regulation (ii) An owner or operator of a facility under this part by § 262.14 of this chap- otherwise regulated by this part must ter; comply with all applicable require- (6) The owner or operator of a facility ments of subparts C and D. managing recyclable materials de- (iii) Any person who is covered by scribed in § 261.6 (a)(2), (3), and (4) of paragraph (c)(11)(i) of this section and this chapter (except to the extent they who continues or initiates hazardous are referred to in part 279 or subparts waste treatment or containment ac- C, F, G, or H of part 266 of this chap- tivities after the immediate response is ter). over is subject to all applicable re- (7) A generator accumulating waste quirements of this part and parts 122 on site in compliance with applicable through 124 of this chapter for those conditions for exemption in §§ 262.14 activities. through 262.17 and subparts K and L of (iv) In the case of an explosives or part 262 of this chapter, except to the munitions emergency response, if a extent the requirements of this part Federal, State, Tribal or local official are included in those sections and sub- acting within the scope of his or her of- parts; ficial responsibilities, or an explosives (8) 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 moval of the material or waste is nec- (9) The owner or operator of a totally essary to protect human health or the enclosed treatment facility, as defined environment, that official or specialist in § 260.10. may authorize the removal of the ma- (10) The owner or operator of an ele- terial or waste by transporters who do mentary neutralization unit or a not have EPA identification numbers
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and without the preparation of a mani- cable requirements of subpart L of this fest. In the case of emergencies involv- part; ing military munitions, the responding (iv) The waste is burned in inciner- military emergency response special- ators that are certified pursuant to the ist’s organizational unit must retain standards and procedures in § 265.352; or records for three years identifying the (v) The waste is burned in facilities dates of the response, the responsible that thermally treat the waste in a de- persons responding, the type and de- vice other than an incinerator and that scription of material addressed, and its are certified pursuant to the standards disposition. and procedures in § 265.383. (12) A transporter storing manifested (e) The requirements of this part shipments of hazardous waste in con- apply to owners or operators of all fa- tainers meeting the requirements of 40 cilities which treat, store or dispose of CFR 262.30 at a transfer facility for a hazardous waste referred to in 40 CFR period of ten days or less. part 268, and the 40 CFR part 268 stand- (13) The addition of absorbent mate- ards are considered material conditions rial to waste in a container (as defined or requirements of the part 265 interim in § 260.10 of this chapter) or the addi- status standards. tion of waste to the absorbent material (f) Section 266.205 of this chapter in a container provided that these ac- identifies when the requirements of tions occur at the time waste is first this part apply to the storage of mili- placed in the containers; and tary munitions classified as solid waste §§ 265.17(b), 265.171, and 265.172 are com- under § 266.202 of this chapter. The plied with. treatment and disposal of hazardous (14) Universal waste handlers and waste military munitions are subject universal waste transporters (as de- to the applicable permitting, proce- fined in 40 CFR 260.10) handling the dural, and technical standards in 40 wastes listed below. These handlers are CFR parts 260 through 270. subject to regulation under 40 CFR [45 FR 33232, May 19, 1980] part 273, when handling the below list- EDITORIAL NOTE: For FEDERAL REGISTER ci- ed universal wastes. tations affecting § 265.1, see the List of CFR (i) Batteries as described in 40 CFR Sections Affected, which appears in the 273.2; Finding Aids section of the printed volume (ii) Pesticides as described in § 273.3 and at www.govinfo.gov. of this chapter; EFFECTIVE DATE NOTE: At 84 FR 5940, Feb. (iii) Mercury-containing equipment 22, 2019, § 265.1 was amended by adding para- as described in § 273.4 of this chapter; graph (c)(16), effective Aug. 21, 2019. For the and convenience of the user, the added text is set (iv) Lamps as described in § 273.5 of forth as follows: this chapter. § 265.1 Purpose, scope, and applicability. (15) A New York State Utility central collection facility consolidating haz- * * * * * ardous waste in accordance with 40 CFR 262.90. (c) * * * (16) Reverse distributors accumulating po- (d) The following hazardous wastes tentially creditable hazardous waste phar- must not be managed at facilities sub- maceuticals and evaluated hazardous waste ject to regulation under this part. pharmaceuticals, as defined in § 266.500. Re- (1) EPA Hazardous Waste Nos. FO20, verse distributors are subject to regulation FO21, FO22, FO23, FO26, or FO27 unless: under 40 CFR part 266 subpart P in lieu of (i) The wastewater treatment sludge this part for the accumulation of potentially creditable hazardous waste pharmaceuticals is generated in a surface impoundment and evaluated hazardous waste pharma- as part of the plant’s wastewater treat- ceuticals. ment system; (ii) The waste is stored in tanks or §§ 265.2–265.3 [Reserved] containers; (iii) The waste is stored or treated in § 265.4 Imminent hazard action. waste piles that meet the requirements Notwithstanding any other provi- of § 264.250(c) as well as all other appli- sions of these regulations, enforcement
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actions may be brought pursuant to EPA electronically using EPA’s Waste section 7003 of RCRA. Import Export Tracking System (WIETS), or its successor system. The Subpart B—General Facility original of the signed movement docu- Standards ment must be maintained at the facil- ity for at least three (3) years. The § 265.10 Applicability. owner or operator of a facility may sat- The regulations in this subpart apply isfy this recordkeeping requirement by to owners and operators of all haz- retaining electronically submitted doc- ardous waste facilities, except as § 265.1 uments in the facility’s account on provides otherwise. EPA’s Waste Import Export Tracking System (WIETS), or its successor sys- § 265.11 Identification number. tem, provided that copies are readily Every facility owner or operator available for viewing and production if must apply to EPA for an EPA identi- requested by any EPA or authorized fication number in accordance with the state inspector. No owner or operator EPA notification procedures (45 FR of a facility may be held liable for the 12746). inability to produce the documents for inspection under this section if the § 265.12 Required notices. owner or operator of a facility can (a) The owner or operator of a facil- demonstrate that the inability to ity that is arranging or has arranged to produce the document is due exclu- receive hazardous waste subject to 40 sively to technical difficulty with CFR part 262, subpart H from a foreign EPA’s Waste Import Export Tracking source must submit the following re- System (WIETS), or its successor sys- quired notices: tem, for which the owner or operator of (1) As per 40 CFR 262.84(b), for im- a facility bears no responsibility. ports where the competent authority of (3) As per 40 CFR 262.84(f)(4), if the fa- the country of export does not require cility has physical control of the waste the foreign exporter to submit to it a and it must be sent to an alternate fa- notification proposing export and ob- cility or returned to the country of ex- tain consent from EPA and the com- port, such owner or operator of the fa- petent authorities for the countries of cility must inform EPA, using the al- transit, such owner or operator of the lowable methods listed in 40 CFR facility, if acting as the importer, must 262.84(b)(1) of the need to return or ar- provide notification of the proposed range alternate management of the transboundary movement in English to shipment. EPA using the allowable methods list- (4) As per 40 CFR 262.84(g), such ed in 40 CFR 262.84(b)(1) at least 60 days owner or operator shall: before the first shipment is expected to (i) Send copies of the signed and depart the country of export. The noti- dated confirmation of recovery or dis- fication may cover up to one year of posal, as soon as possible, but no later shipments of wastes having similar than thirty days after completing re- physical and chemical characteristics, covery or disposal on the waste in the the same United Nations classification, shipment and no later than one cal- the same RCRA waste codes and OECD endar year following receipt of the waste codes, and being sent from the waste, to the foreign exporter, to the same foreign exporter. competent authority of the country of (2) As per 40 CFR 262.84(d)(2)(xv), a export that controls the shipment as copy of the movement document bear- an export of hazardous waste, and on or ing all required signatures within three after the electronic import-export re- (3) working days of receipt of the ship- porting compliance date, to EPA elec- ment to the foreign exporter; to the tronically using EPA’s Waste Import competent authorities of the countries Export Tracking System (WIETS), or of export and transit that control the its successor system. shipment as an export and transit ship- (ii) If the facility performed any of ment of hazardous waste respectively; recovery operations R12, R13, or RC16, and on or after the electronic import- or disposal operations D13 through D15, export reporting compliance date, to or DC17, promptly send copies of the
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confirmation of recovery or disposal the effective date of these regulations, or that it receives from the final recovery studies conducted on hazardous waste gen- or disposal facility within one year of erated from processes similar to that which shipment delivery to the final recovery generated the waste to be managed at the fa- cility, may be included in the data base re- or disposal facility that performed one quired to comply with paragraph (a)(1) of of recovery operations R1 through R11, this section. The owner or operator of an off- or RC16, or one of disposal operations site facility may arrange for the generator of D1 through D12, or DC15 to DC16, to the the hazardous waste to supply part of the in- competent authority of the country of formation required by paragraph (a)(1) of export that controls the shipment as this section, except as otherwise specified in an export of hazardous waste, and on or 40 CFR 268.7 (b) and (c). If the generator does after the electronic import-export re- not supply the information, and the owner or porting compliance date, to EPA elec- operator chooses to accept a hazardous waste, the owner or operator is responsible tronically using EPA’s Waste Import for obtaining the information required to Export Tracking System (WIETS), or comply with this section.] its successor system. The recovery and disposal operations in this paragraph (3) The analysis must be repeated as are defined in 40 CFR 262.81. necessary to ensure that it is accurate (b) Before transferring ownership or and up to date. At a minimum, the operation of a facility during its oper- analysis must be repeated: ating life, or of a disposal facility dur- (i) When the owner or operator is no- ing the post-closure care period, the tified, or has reason to believe, that owner or operator must notify the new the process or operation generating the owner or operator in writing of the re- hazardous wastes or non-hazardous quirements of this part and part 270 of wastes, if applicable, under § 265.113(d) this chapter. (Also see § 270.72 of this has changed; and chapter.) (ii) For off-site facilities, when the results of the inspection required in [Comment: An owner’s or operator’s failure to notify the new owner or operator of the re- paragraph (a)(4) of this section indicate quirements of this part in no way relieves that the hazardous waste received at the new owner or operator of his obligation the facility does not match the waste to comply with all applicable requirements.] designated on the accompanying mani- [45 FR 33232, May 19, 1980, as amended at 48 fest or shipping paper. FR 14295, Apr. 1, 1983; 50 FR 4514, Jan. 31, (4) The owner or operator of an off- 1985; 61 FR 16315, Apr. 12, 1996; 71 FR 40274, site facility must inspect and, if nec- July 14, 2006; 75 FR 1260, Jan. 8, 2010; 81 FR essary, analyze each hazardous waste 85726, Nov. 28, 2016] movement received at the facility to determine whether it matches the iden- § 265.13 General waste analysis. tity of the waste specified on the ac- (a)(1) Before an owner or operator companying manifest or shipping treats, stores, or disposes of any haz- paper. ardous wastes, or nonhazardous wastes (b) The owner or operator must de- if applicable under § 265.113(d), he must velop and follow a written waste anal- obtain a detailed chemical and phys- ysis plan which describes the proce- ical analysis of a representative sample dures which he will carry out to com- of the wastes. At a minimum, the anal- ply with paragraph (a) of this section. ysis must contain all the information He must keep this plan at the facility. which must be known to treat, store, At a minimum, the plan must specify: or dispose of the waste in accordance (1) The parameters for which each with this part and part 268 of this chap- hazardous waste, or non-hazardous ter. waste if applicable under § 265.113(d), (2) The analysis may include data will be analyzed and the rationale for developed under part 261 of this chap- the selection of these parameters (i.e., ter, and existing published or docu- how analysis for these parameters will mented data on the hazardous waste or provide sufficient information on the on waste generated from similar proc- waste’s properties to comply with para- esses. 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;
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(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 § 260.20(c) of this chapter for spect and, if necessary, analyze each related discussion.] movement of hazardous waste received (4) The frequency with which the ini- at the facility to ensure that it tial analysis of the waste will be re- matches the identity of the waste des- viewed or repeated to ensure that the ignated on the accompanying manifest analysis is accurate and up to date; or shipping paper. At a minimum, the (5) For off-site facilities, the waste plan must describe: analyses that hazardous waste genera- (1) The procedures which will be used tors have agreed to supply; and to determine the identity of each (6) Where applicable, the methods movement of waste managed at the fa- that will be used to meet the addi- cility; and tional waste analysis requirements for (2) The sampling method which will specific waste management methods as be used to obtain a representative sam- specified in §§ 265.200, 265.225, 265.252, ple of the waste to be identified, if the 265.273, 265.314, 265.341, 265.375, 265.402, identification method includes sam- 265.1034(d), 265.1063(d), 265.1084, and 268.7 pling. of this chapter. (3) The procedures that the owner or (7) For surface impoundments ex- operator of an off-site landfill receiving empted from land disposal restrictions containerized hazardous waste will use under § 268.4(a) of this chapter, the pro- to determine whether a hazardous cedures and schedule for: waste generator or treater has added a (i) The sampling of impoundment biodegradable sorbent to the waste in contents; the container. (ii) The analysis of test data; and, (iii) The annual removal of residues [45 FR 33232, May 19, 1980, as amended at 50 which are not delisted under § 260.22 of FR 4514, Jan. 31, 1985; 50 FR 18374, Apr. 30, this chapter or which exhibit a char- 1985; 51 FR 40638, Nov. 7, 1986; 52 FR 25788, acteristic of hazardous waste and July 8, 1987; 54 FR 33396, Aug. 14, 1989; 55 FR either: 22685, June 1, 1990; 55 FR 25506, June 21, 1990; 56 FR 19290, Apr. 26, 1991; 57 FR 8088, Mar. 6, (A) Do not meet applicable treatment 1992; 57 FR 54461, Nov. 18, 1992; 59 FR 62935, standards of part 268, subpart D; or Dec. 6, 1994; 61 FR 4913, Feb. 9, 1996] (B) Where no treatment standards have been established; § 265.14 Security. (1) Such residues are prohibited from land disposal under § 268.32 or RCRA (a) The owner or operator must pre- section 3004(d); or vent the unknowing entry, and mini- (2) Such residues are prohibited from mize the possibility for the unauthor- land disposal under § 268.33(f). ized entry, of persons or livestock onto (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
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cause a violation of the requirements § 265.15 General inspection require- of this part. ments. (b) Unless exempt under paragraphs (a) The owner or operator must in- (a)(1) and (2) of this section, a facility spect his facility for malfunctions and must have: deterioration, operator errors, and dis- (1) A 24-hour surveillance system charges which may be causing—or may (e.g., television monitoring or surveil- lead to: (1) Release of hazardous waste lance by guards or facility personnel) constituents to the environment or (2) which continuously monitors and con- a threat to human health. The owner trols entry onto the active portion of or operator must conduct these inspec- the facility; or tions often enough to identify problems (2)(i) An artificial or natural barrier in time to correct them before they (e.g., a fence in good repair or a fence harm human health or the combined with a cliff), which com- environment. pletely surrounds the active portion of (b)(1) The owner or operator must de- the facility; and velop and follow a written schedule for (ii) A means to control entry, at all inspecting all monitoring equipment, times, through the gates or other en- safety and emergency equipment, trances to the active portion of the fa- security devices, and operating and cility (e.g., an attendant, television structural equipment (such as dikes monitors, locked entrance, or con- and sump pumps) that are important to trolled roadway access to the facility). preventing, detecting, or responding to environmental or human health haz- [Comment: The requirements of paragraph (b) ards. of this section are satisfied if the facility or plant within which the active portion is lo- (2) He must keep this schedule at the cated itself has a surveillance system, or a facility. barrier and a means to control entry, which (3) The schedule must identify the complies with the requirements of paragraph types of problems (e.g., malfunctions or (b)(1) or (2) of this section.] deterioration) which are to be looked for during the inspection (e.g., inoper- (c) Unless exempt under paragraphs ative sump pump, leaking fitting, erod- (a)(1) and (a)(2) of this section, a sign ing dike, etc.). with the legend, ‘‘Danger—Unauthor- (4) The frequency of inspection may ized Personnel Keep Out,’’ must be vary for the items on the schedule. posted at each entrance to the active However, the frequency should be based portion of a facility, and at other loca- on the rate of deterioration of the tions, in sufficient numbers to be seen equipment and the probability of an from any approach to this active por- environmental or human health inci- tion. The legend must be written in dent if the deterioration, malfunction, English and in any other language pre- or operator error goes undetected be- dominant in the area surrounding the tween inspections. Areas subject to facility (e.g., facilities in counties bor- spills, such as loading and unloading dering the Canadian province of Quebec areas, must be inspected daily when in must post signs in French; facilities in use. At a minimum, the inspection counties bordering Mexico must post schedule must include the items and signs in Spanish), and must be legible frequencies called for in §§ 265.174, from a distance of at least 25 feet. Ex- 265.193, 265.195, 265.226, 265.260, 265.278, isting signs with a legend other than 265.304, 265.347, 265.377, 265.403, 265.1033, ‘‘Danger—Unauthorized Personnel 265.1052, 265.1053, 265.1058, and 265.1084 Keep Out’’ may be used if the legend on through 265.1090, where applicable. the sign indicates that only authorized (c) The owner or operator must rem- personnel are allowed to enter the ac- edy any deterioration or malfunction tive portion, and that entry onto the of equipment or structures which the active 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 [45 FR 33232, May 19, 1980, as amended at 71 has already occurred, remedial action FR 40274, July 14, 2006] must be taken immediately.
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(d) The owner or operator must Health Administration (OSHA) regula- record inspections in an inspection log tions 29 CFR 1910.120(p)(8) and or summary. He must keep these 1910.120(q), the facility is not required records for at least three years from to provide separate emergency re- the date of inspection. At a minimum, sponse training pursuant to this sec- these records must include the date tion, provided that the overall facility and time of the inspection, the name of training meets all the requirements of the inspector, a notation of the this section. observations made, and the date and (b) Facility personnel must success- nature of any repairs or other remedial fully complete the program required in actions. paragraph (a) of this section within six [45 FR 33232, May 19, 1980, as amended at 50 months after the effective date of these FR 4514, Jan. 31, 1985; 57 FR 3491, Jan. 29, regulations or six months after the 1992; 59 FR 62935, Dec. 6, 1994; 62 FR 64661, date of their employment or assign- Dec. 8, 1997; 71 FR 16908, Apr. 4, 2006; 81 FR ment to a facility, or to a new position 85827, Nov. 28, 2016] at a facility, whichever is later. Em- ployees hired after the effective date of § 265.16 Personnel training. these regulations must not work in un- (a)(1) Facility personnel must suc- supervised positions until they have cessfully complete a program of class- completed the training requirements of room instruction or on-the-job training paragraph (a) of this section. that teaches them to perform their du- (c) Facility personnel must take part ties in a way that ensures the facility’s in an annual review of the initial train- compliance with the requirements of ing required in paragraph (a) of this this part. The owner or operator must section. ensure that this program includes all (d) The owner or operator must main- the elements described in the docu- tain the following documents and ment required under paragraph (d)(3) of records at the facility: this section. (2) This program must be directed by (1) The job title for each position at a person trained in hazardous waste the facility related to hazardous waste management procedures, and must management, and the name of the em- include instruction which teaches ployee filling each job; facility personnel hazardous waste (2) A written job description for each management procedures (including position listed under paragraph (d)(1) of contingency plan implementation) rel- this Section. This description may be evant to the positions in which they consistent in its degree of specificity are employed. with descriptions for other similar po- (3) At a minimum, the training pro- sitions in the same company location gram must be designed to ensure that or bargaining unit, but must include facility personnel are able to respond the requisite skill, education, or other effectively to emergencies by familiar- qualifications, and duties of facility izing them with emergency procedures, personnel assigned to each position; emergency equipment, and emergency (3) A written description of the type systems, including where applicable: and amount of both introductory and (i) Procedures for using, inspecting, continuing training that will be given repairing, and replacing facility emer- to each person filling a position listed gency and monitoring equipment; under paragraph (d)(1) of this section; (ii) Key parameters for automatic (4) Records that document that the waste feed cut-off systems; training or job experience required (iii) Communications or alarm under paragraphs (a), (b), and (c) of this systems; section has been given to, and com- (iv) Response to fires or explosions; pleted by, facility personnel. (v) Response to ground-water con- (e) Training records on current per- tamination incidents; and sonnel must be kept until closure of (vi) Shutdown of operations. the facility. Training records on former (4) For facility employees that re- employees must be kept for at least ceive emergency response training pur- three years from the date the employee suant to Occupational Safety and last worked at the facility. Personnel
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training records may accompany per- § 265.19 Construction quality assur- sonnel transferred within the same ance program. company. (a) CQA program. (1) A construction [45 FR 33232, May 19, 1980, as amended at 50 quality assurance (CQA) program is re- FR 4514, Jan. 31, 1985; 71 FR 16908, Apr. 4, quired for all surface impoundment, 2006; 71 FR 40274, July 14, 2006] waste pile, and landfill units that are § 265.17 General requirements for ig- required to comply with §§ 265.221(a), nitable, reactive, or incompatible 265.254, and 265.301(a). The program wastes. must ensure that the constructed unit (a) The owner or operator must take meets or exceeds all design criteria and precautions to prevent accidental igni- specifications in the permit. The pro- tion or reaction of ignitable or reactive gram must be developed and imple- waste. This waste must be separated mented under the direction of a CQA and protected from sources of ignition officer who is a registered professional or reaction including but not limited engineer. to: Open flames, smoking, cutting and (2) The CQA program must address welding, hot surfaces, frictional heat, the following physical components, sparks (static, electrical, or mechan- where applicable: ical), spontaneous ignition (e.g., from (i) Foundations; heat-producing chemical reactions), (ii) Dikes; and radiant heat. While ignitable or re- active waste is being handled, the (iii) Low-permeability soil liners; owner or operator must confine smok- (iv) Geomembranes (flexible mem- ing and open flame to specially des- brane liners); ignated locations. ‘‘No Smoking’’ signs (v) Leachate collection and removal must be conspicuously placed wherever systems and leak detection systems; there is a hazard from ignitable or re- and active waste. (vi) Final cover systems. (b) Where specifically required by (b) Written CQA plan. Before con- other sections of this part, the treat- struction begins on a unit subject to ment, storage, or disposal of ignitable the CQA program under paragraph (a) or reactive waste, and the mixture or of this section, the owner or operator commingling of incompatible wastes, must develop a written CQA plan. The or incompatible wastes and materials, plan must identify steps that will be must be conducted so that it does not: used to monitor and document the (1) Generate extreme heat or pres- sure, fire or explosion, or violent reac- quality of materials and the condition tion; and manner of their installation. The (2) Produce uncontrolled toxic mists, CQA plan must include: fumes, dusts, or gases in sufficient (1) Identification of applicable units, quantities to threaten human health; and a description of how they will be (3) Produce uncontrolled flammable constructed. fumes or gases in sufficient quantities (2) Identification of key personnel in to pose a risk of fire or explosions; the development and implementation (4) Damage the structural integrity of the CQA plan, and CQA officer quali- of the device or facility containing the fications. waste; or (3) A description of inspection and (5) Through other like means threat- sampling activities for all unit compo- en human health or the environment. nents identified in paragraph (a)(2) of § 265.18 Location standards. this section, including observations and tests that will be used before, dur- The placement of any hazardous ing, and after construction to ensure waste in a salt dome, salt bed forma- that the construction materials and tion, underground mine or cave is pro- the installed unit components meet the hibited, except for the Department of Energy Waste Isolation Pilot Project design specifications. The description in New Mexico. [50 FR 28749, July 15, 1985]
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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 mation to be recorded and retained in during this period. Documentation sup- the operating record under § 265.73. porting the CQA officer’s certification (c) Contents of program. (1) The CQA must be furnished to the Regional Ad- program must include observations, in- ministrator upon request. spections, tests, and measurements suf- [57 FR 3491, Jan. 29, 1992, as amended at 71 ficient to ensure: FR 40274, July 14, 2006] (i) Structural stability and integrity of all components of the unit identified in paragraph (a)(2) of this section; Subpart C—Preparedness and (ii) Proper construction of all compo- Prevention nents of the liners, leachate collection § 265.30 Applicability. and removal system, leak detection system, and final cover system, accord- The regulations in this subpart apply ing to permit specifications and good to owners and operators of all haz- engineering practices, and proper in- ardous waste facilities, except as § 265.1 stallation of all components (e.g., provides otherwise. pipes) according to design specifica- tions; § 265.31 Maintenance and operation of facility. (iii) Conformity of all materials used with design and other material speci- Facilities must be maintained and fications under §§ 264.221, 264.251, and operated to minimize the possibility of 264.301 of this chapter. a fire, explosion, or any unplanned sud- (2) The CQA program shall include den or non-sudden release of hazardous test fills for compacted soil liners, waste or hazardous waste constituents using the same compaction methods as to air, soil, or surface water which in the full-scale unit, to ensure that could threaten human health or the the liners are constructed to meet the environment. hydraulic conductivity requirements of §§ 264.221(c)(1), 264.251(c)(1), and § 265.32 Required equipment. 264.301(c)(1) of this chapter in the field. All facilities must be equipped with Compliance with the hydraulic conduc- the following, unless none of the haz- tivity requirements must be verified by ards posed by waste handled at the fa- using in-situ testing on the con- cility could require a particular kind of structed test fill. The test fill require- equipment specified below: ment is waived where data are suffi- (a) An internal communications or cient to show that a constructed soil alarm system capable of providing im- liner meets the hydraulic conductivity mediate emergency instruction (voice requirements of §§ 264.221(c)(1), or signal) to facility personnel; 264.251(c)(1), and 264.301(c)(1) of this (b) A device, such as a telephone (im- chapter in the field. mediately available at the scene of op- (d) Certification. The owner or oper- erations) or a hand-held two-way radio, ator of units subject to § 265.19 must capable of summoning emergency as- submit to the Regional Administrator sistance from local police departments, by certified mail or hand delivery, at fire departments, or State or local least 30 days prior to receiving waste, a emergency response teams; certification signed by the CQA officer (c) Portable fire extinguishers, fire that the CQA plan has been success- control equipment (including special fully carried out and that the unit extinguishing equipment, such as that meets the requirements of §§ 265.221(a), using foam, inert gas, or dry chemi- 265.254, or 265.301(a). The owner or oper- cals), spill control equipment, and de- ator may receive waste in the unit contamination equipment; and after 30 days from the Regional Admin- (d) Water at adequate volume and istrator’s receipt of the CQA certifi- pressure to supply water hose streams,
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or foam producing equipment, or auto- facility, properties of hazardous waste matic sprinklers, or water spray sys- handled at the facility and associated tems. hazards, places where facility per- sonnel would normally be working, en- § 265.33 Testing and maintenance of trances to roads inside the facility, and equipment. possible evacuation routes; All facility communications or alarm (2) Where more than one police and systems, fire protection equipment, fire department might respond to an spill control equipment, and decon- emergency, agreements designating tamination equipment, where required, primary emergency authority to a spe- must be tested and maintained as nec- cific police and a specific fire depart- essary to assure its proper operation in ment, and agreements with any others time of emergency. to provide support to the primary emergency authority; § 265.34 Access to communications or (3) Agreements with State emergency alarm system. response teams, emergency response (a) Whenever hazardous waste is contractors, and equipment suppliers; being poured, mixed, spread, or other- and wise handled, all personnel involved in (4) Arrangements to familiarize local the operation must have immediate ac- hospitals with the properties of haz- cess to an internal alarm or emergency ardous waste handled at the facility communication device, either directly and the types of injuries or illnesses or through visual or voice contact with which could result from fires, explo- another employee, unless such a device sions, or releases at the facility. is not required under § 265.32. (b) Where State or local authorities (b) If there is ever just one employee decline to enter into such arrange- on the premises while the facility is op- ments, the owner or operator must doc- erating, he must have immediate ac- ument the refusal in the operating cess to a device, such as a telephone record. (immediately available at the scene of operation) or a hand-held two-way Subpart D—Contingency Plan and radio, capable of summoning external Emergency Procedures emergency assistance, unless such a de- vice is not required under § 265.32. § 265.50 Applicability. § 265.35 Required aisle space. The regulations in this subpart apply to owners and operators of all haz- The owner or operator must main- ardous waste facilities, except as § 265.1 tain aisle space to allow the unob- provides otherwise. structed movement of personnel, fire protection equipment, spill control § 265.51 Purpose and implementation equipment, and decontamination of contingency plan. equipment to any area of facility oper- (a) Each owner or operator must have ation in an emergency, unless aisle a contingency plan for his facility. The space is not needed for any of these contingency plan must be designed to purposes. minimize hazards to human health or § 265.36 [Reserved] the environment from fires, explosions, or any unplanned sudden or non-sudden § 265.37 Arrangements with local au- release of hazardous waste or haz- thorities. ardous waste constituents to air, soil, (a) The owner or operator must at- or surface water. tempt to make the following arrange- (b) The provisions of the plan must ments, as appropriate for the type of be carried out immediately whenever waste handled at his facility and the there is a fire, explosion, or release of potential need for the services of these hazardous waste or hazardous waste organizations: constituents which could threaten (1) Arrangements to familiarize po- human health or the environment. lice, fire departments, and emergency [45 FR 33232, May 19, 1980, as amended at 50 response teams with the layout of the FR 4514, Jan. 31, 1985]
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§ 265.52 Content of contingency plan. (f) The plan must include an evacu- ation plan for facility personnel where (a) The contingency plan must de- there is a possibility that evacuation scribe the actions facility personnel could be necessary. This plan must de- must take to comply with §§ 265.51 and scribe signal(s) to be used to begin 265.56 in response to fires, explosions, evacuation, evacuation routes, and al- or any unplanned sudden or non-sudden ternate evacuation routes (in cases release of hazardous waste or haz- where the primary routes could be ardous waste constituents to air, soil, blocked by releases of hazardous waste or surface water at the facility. or fires). (b) If the owner or operator has al- ready prepared a Spill Prevention, Con- [45 FR 33232, May 19, 1980, as amended at 46 trol, and Countermeasures (SPCC) Plan FR 27480, May 20, 1981; 50 FR 4514, Jan. 31, 1985; 71 FR 16908, Apr. 4, 2006; 75 FR 13005, in accordance with Part 112 of this Mar. 18, 2010] chapter, or some other emergency or contingency plan, he need only amend § 265.53 Copies of contingency plan. that plan to incorporate hazardous A copy of the contingency plan and waste management provisions that are all revisions to the plan must be: sufficient to comply with the require- (a) Maintained at the facility; and ments of this Part. The owner or oper- (b) Submitted to all local police de- ator may develop one contingency plan partments, fire departments, hospitals, which meets all regulatory require- and State and local emergency re- ments. EPA recommends that the plan sponse teams that may be called upon be based on the National Response to provide emergency services. Team’s Integrated Contingency Plan Guidance (‘‘One Plan’’). When modi- [45 FR 33232, May 19, 1980, as amended at 50 fications are made to non-RCRA provi- FR 4514, Jan. 31, 1985] sions in an integrated contingency plan, the changes do not trigger the § 265.54 Amendment of contingency plan. need for a RCRA permit modification. (c) The plan must describe arrange- The contingency plan must be re- ments agreed to by local police depart- viewed, and immediately amended, if ments, fire departments, hospitals, necessary, whenever: contractors, and State and local emer- (a) Applicable regulations are re- gency response teams to coordinate vised; emergency services, pursuant to (b) The plan fails in an emergency; § 265.37. (c) The facility changes—in its de- (d) The plan must list names, ad- sign, construction, operation, mainte- dresses, and phone numbers (office and nance, or other circumstances—in a home) of all persons qualified to act as way that materially increases the po- emergency coordinator (see § 265.55), tential for fires, explosions, or releases and this list must be kept up to date. of hazardous waste or hazardous waste Where more than one person is listed, constituents, or changes the response one must be named as primary emer- necessary in an emergency; gency coordinator and others must be (d) The list of emergency coordina- listed in the order in which they will tors changes; or assume responsibility as alternates. (e) The list of emergency equipment changes. (e) The plan must include a list of all emergency equipment at the facility [45 FR 33232, May 19, 1980, as amended at 50 (such as fire extinguishing systems, FR 4514, Jan. 31, 1985] spill control equipment, communica- tions and alarm systems (internal and § 265.55 Emergency coordinator. external), and decontamination equip- At all times, there must be at least ment), where this equipment is re- one employee either on the facility quired. This list must be kept up to premises or on call (i.e., available to date. In addition, the plan must in- respond to an emergency by reaching clude the location and a physical de- the facility within a short period of scription of each item on the list, and time) with the responsibility for co- a brief outline of its capabilities. ordinating all emergency response
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measures. This emergency coordinator (1) If his assessment indicates that must be thoroughly familiar with all evacuation of local areas may be advis- aspects of the facility’s contingency able, he must immediately notify ap- plan, all operations and activities at propriate local authorities. He must be the facility, the location and charac- available to help appropriate officials teristics of waste handled, the location decide whether local areas should be of all records within the facility, and evacuated; and the facility layout. In addition, this (2) He must immediately notify ei- person must have the authority to ther the government official des- commit the resources needed to carry ignated as the on-scene coordinator for out the contingency plan. that geographical area, or the National [Comment: The emergency coordinator’s re- Response Center (using their 24-hour sponsibilities are more fully spelled out in toll free number 800/424–8802). The re- § 265.56. Applicable responsibilities for the port must include: emergency coordinator vary, depending on (i) Name and telephone number of re- factors such as type and variety of waste(s) porter; handled by the facility, and type and com- plexity of the facility.] (ii) Name and address of facility; (iii) Time and type of incident (e.g., § 265.56 Emergency procedures. release, fire); (a) Whenever there is an imminent or (iv) Name and quantity of material(s) actual emergency situation, the emer- involved, to the extent known; gency coordinator (or his designee (v) The extent of injuries, if any; and when the emergency coordinator is on (vi) The possible hazards to human call) must immediately: health, or the environment, outside the (1) Activate internal facility alarms facility. or communication systems, where ap- (e) During an emergency, the emer- plicable, to notify all facility per- gency coordinator must take all rea- sonnel; and sonable measures necessary to ensure (2) Notify appropriate State or local that fires, explosions, and releases do agencies with designated response roles not occur, recur, or spread to other if their help is needed. hazardous waste at the facility. These (b) Whenever there is a release, fire, measures must include, where applica- or explosion, the emergency coordi- ble, stopping processes and operations, nator must immediately identify the collecting and containing released character, exact source, amount, and waste, and removing or isolating con- areal extent of any released materials. tainers. He may do this by observation or re- (f) If the facility stops operations in view of facility records or manifests response to a fire, explosion or release, and, if necessary, by chemical analysis. the emergency coordinator must mon- (c) Concurrently, the emergency co- itor for leaks, pressure buildup, gas ordinator must assess possible hazards generation, or ruptures in valves, to human health or the environment pipes, or other equipment, wherever that may result from the release, fire, this is appropriate. or explosion. This assessment must (g) Immediately after an emergency, consider both direct and indirect ef- the emergency coordinator must pro- fects of the release, fire, or explosion vide for treating, storing, or disposing (e.g., the effects of any toxic, irri- of recovered waste, contaminated soil tating, or asphyxiating gases that are or surface water, or any other material generated, or the effects of any haz- that results from a release, fire, or ex- ardous surface water run-offs from plosion at the facility. water or chemical agents used to con- trol fire and heat-induced explosions). [Comment: Unless the owner or operator can (d) If the emergency coordinator de- demonstrate, in accordance with § 261.3(c) or termines that the facility has had a re- (d) of this chapter, that the recovered mate- rial is not a hazardous waste, the owner or lease, fire, or explosion which could operator becomes a generator of hazardous threaten human health, or the environ- waste and must manage it in accordance ment, outside the facility, he must re- with all applicable requirements of parts 262, port his findings as follows: 263, and 265 of this chapter.]
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(h) The emergency coordinator must apply until September 5, 2006. The ensure that, in the affected area(s) of Manifest form and procedures in 40 the facility: CFR 260.10, 261.7, 265.70, 265.71. 265.72, (1) No waste that may be incompat- and 265.76, contained in the 40 CFR, ible with the released material is treat- parts 260 to 265, edition revised as of ed, stored, or disposed of until cleanup July 1, 2004, shall be applicable until procedures are completed; and September 5, 2006. (2) All emergency equipment listed in [70 FR 10823, Mar. 4, 2005] the contingency plan is cleaned and fit for its intended use before operations § 265.71 Use of manifest system. are resumed. (i) The owner or operator must note (a)(1) If a facility receives hazardous in the operating record the time, date, waste accompanied by a manifest, the and details of any incident that re- owner, operator or his/her agent must quires implementing the contingency sign and date the manifest as indicated plan. Within 15 days after the incident, in paragraph (a)(2) of this section to he must submit a written report on the certify that the hazardous waste cov- incident to the Regional Adminis- ered by the manifest was received, that trator. The report must include: the hazardous waste was received ex- (1) Name, address, and telephone cept as noted in the discrepancy space number of the owner or operator; of the manifest, or that the hazardous (2) Name, address, and telephone waste was rejected as noted in the number of the facility; manifest discrepancy space. (3) Date, time, and type of incident (2) If the facility receives a hazardous (e.g., fire, explosion); waste shipment accompanied by a (4) Name and quantity of material(s) manifest, the owner, operator, or his involved; agent must: (5) The extent of injuries, if any; (i) Sign and date, by hand, each copy (6) An assessment of actual or poten- of the manifest; tial hazards to human health or the en- (ii) Note any discrepancies (as de- vironment, where this is applicable; fined in § 265.72(a)) on each copy of the and manifest; (7) Estimated quantity and disposi- (iii) Immediately give the trans- tion of recovered material that re- porter at least one copy of the mani- sulted from the incident. fest; (iv) Within 30 days of delivery, send a [45 FR 33232, May 19, 1980, as amended at 50 copy (Page 2) of the manifest to the FR 4514, Jan. 31, 1985; 71 FR 16908, Apr. 4, generator; 2006; 71 FR 40274, July 14, 2006; 75 FR 13006, (v) Paper manifest submission re- Mar. 18, 2010] quirements are: (A) Options for compliance on June 30, Subpart E—Manifest System, 2018. Beginning on June 30, 2018, send Recordkeeping, and Reporting the top copy (Page 1) of any paper manifest and any paper continuation § 265.70 Applicability. sheet to the e-Manifest system for pur- (a) The regulations in this subpart poses of data entry and processing, or apply to owners and operators of both in lieu of submitting the paper copy to on-site and off-site facilities, except as EPA, the owner or operator may trans- § 265.1 provides otherwise. Sections mit to the EPA system an image file of 265.71, 265.72, and 265.76 do not apply to Page 1 of the manifest and any con- owners and operators of on-site facili- tinuation sheet, or both a data file and ties that do not receive any hazardous image file corresponding to Page 1 of waste from off-site sources, nor to own- the manifest and any continuation ers and operators of off-site facilities sheet, within 30 days of the date of de- with respect to waste military muni- livery. Submissions of copies to the e- tions exempted from manifest require- Manifest system shall be made at the ments under 40 CFR 266.203(a). mailing address or electronic mail/sub- (b) The revised Manifest form and mission address specified at the e- procedures in 40 CFR 260.10, 261.7, Manifest program website’s directory 265.70, 265.71. 265.72, and 265.76, shall not of services. Beginning on June 30, 2021,
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EPA will not accept mailed paper by the manifest or shipping paper was manifests from facilities for processing received; in e-Manifest. (2) Note any significant discrepancies (B) Options for compliance on June 30, (as defined in § 265.72(a)) in the mani- 2021. Beginning on June 30, 2021, the re- fest or shipping paper (if the manifest quirement to submit the top copy has not been received) on each copy of (Page1) of the paper manifest and any the manifest or shipping paper; paper continuation sheet to the e- [Comment: The Agency does not intend that Manifest system for purposes of data the owner or operator of a facility whose entry and processing may be met by procedures under § 265.13(c) include waste the owner or operator only by trans- analysis must perform that analysis before mitting to the EPA system an image signing the shipping paper and giving it to file of Page 1 of the manifest and any the transporter. Section 265.72(b), however, continuation sheet, or by transmitting requires reporting an unreconciled discrep- to the EPA system both a data file and ancy discovered during later analysis.] the image file corresponding to Page 1 (3) Immediately give the rail or water of the manifest and any continuation (bulk shipment) transporter at least sheet, within 30 days of the date of de- one copy of the manifest or shipping livery. Submissions of copies to the e- paper (if the manifest has not been Manifest system shall be made to the received); electronic mail/submission address (4) Within 30 days after the delivery, specified at the e-Manifest program send a copy of the signed and dated website’s directory of services; and (vi) manifest or a signed and dated copy of Retain at the facility a copy of each the shipping paper (if the manifest has manifest for at least three years from not been received within 30 days after the date of delivery. delivery) to the generator; and (3) The owner or operator of a facility [Comment: Section 262.23(c) of this chapter re- that receives hazardous waste subject quires the generator to send three copies of to 40 CFR part 262, subpart H from a the manifest to the facility when hazardous foreign source must: waste is sent by rail or water (bulk ship- (i) Additionally list the relevant con- ment).] sent number from consent documenta- (5) Retain at the facility a copy of tion supplied by EPA to the facility for the manifest and shipping paper (if each waste listed on the manifest, signed in lieu of the manifest at the matched to the relevant list number time of delivery) for at least three for the waste from block 9b. If addi- years from the date of delivery. tional space is needed, the owner or op- (c) Whenever a shipment of hazardous erator should use a Continuation waste is initiated from a facility, the Sheet(s) (EPA Form 8700–22A); and owner or operator of that facility must (ii) Send a copy of the manifest to comply with the requirements of part EPA using the addresses listed in 40 262 of this chapter. The provisions of CFR 262.82(e) within thirty (30) days of §§ 262.15, 262.16, and 262.17 of this chap- delivery until the facility can submit ter are applicable to the on-site accu- such a copy to the e-Manifest system mulation of hazardous wastes by gen- per paragraph (a)(2)(v) of this section. erators. Therefore, the provisions of (b) If a facility receives, from a rail §§ 262.15, 262.16, and 262.17 only apply to or water (bulk shipment) transporter, owners or operators who are shipping hazardous waste which is accompanied hazardous waste which they generated by a shipping paper containing all the at that facility or operating as a large information required on the manifest quantity generator consolidating haz- (excluding the EPA identification num- ardous waste from very small quantity bers, generator’s certification, and sig- generators under § 262.17(f). natures), the owner or operator, or his agent, must: [Comment: The provisions of § 262.34 are appli- cable to the on-site accumulation of haz- (1) Sign and date each copy of the ardous wastes by generators. Therefore, the manifest or shipping paper (if the provisions of § 262.34 only apply to owners or manifest has not been received) to cer- operators who are shipping hazardous waste tify that the hazardous waste covered which they generated at that facility.]
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(d) As per 40 CFR 262.84(d)(2)(xv), written signatures, and satisfy for all within three (3) working days of the re- purposes any requirement in these reg- ceipt of a shipment subject to 40 CFR ulations to obtain, complete, sign, pro- part 262, subpart H, the owner or oper- vide, use, or retain a manifest. ator of a facility must provide a copy (1) Any requirement in these regula- of the movement document bearing all tions for the owner or operator of a fa- required signatures to the foreign ex- cility to sign a manifest or manifest porter; to the competent authorities of certification by hand, or to obtain a the countries of export and transit that handwritten signature, is satisfied by control the shipment as an export and signing with or obtaining a valid and transit shipment of hazardous waste enforceable electronic signature within respectively; and on or after the elec- the meaning of 40 CFR 262.25. tronic import-export reporting compli- ance date, to EPA electronically using (2) Any requirement in these regula- EPA’s Waste Import Export Tracking tions to give, provide, send, forward, or System (WIETS), or its successor sys- to return to another person a copy of tem. The original copy of the move- the manifest is satisfied when a copy of ment document must be maintained at an electronic manifest is transmitted the facility for at least three (3) years to the other person. from the date of signature. The owner (3) Any requirement in these regula- or operator of a facility may satisfy tions for a manifest to accompany a this recordkeeping requirement by re- hazardous waste shipment is satisfied taining electronically submitted docu- when a copy of an electronic manifest ments in the facility’s account on is accessible during transportation and EPA’s Waste Import Export Tracking forwarded to the person or persons who System (WIETS), or its successor sys- are scheduled to receive delivery of the tem, provided that copies are readily hazardous waste shipment. available for viewing and production if (4) Any requirement in these regula- requested by any EPA or authorized tions for an owner or operator to keep state inspector. No owner or operator or retain a copy of each manifest is of a facility may be held liable for the satisfied by the retention of the facili- inability to produce the documents for ty’s electronic manifest copies in its inspection under this section if the account on the e-Manifest system, pro- owner or operator of a facility can demonstrate that the inability to vided that such copies are readily produce the document is due exclu- available for viewing and production if sively to technical difficulty with requested by any EPA or authorized EPA’s Waste Import Export Tracking state inspector. System (WIETS), or its successor sys- (5) No owner or operator may be held tem, for which the owner or operator of liable for the inability to produce an a facility bears no responsibility. electronic manifest for inspection (e) A facility must determine wheth- under this section if the owner or oper- er the consignment state for a ship- ator can demonstrate that the inabil- ment regulates any additional wastes ity to produce the electronic manifest (beyond those regulated Federally) as is due exclusively to a technical dif- hazardous wastes under its state haz- ficulty with the EPA system for which ardous waste program. Facilities must the owner or operator bears no respon- also determine whether the consign- sibility. ment state or generator state requires (g) An owner or operator may partici- the facility to submit any copies of the pate in the electronic manifest system manifest to these states. either by accessing the electronic (f) Legal equivalence to paper mani- manifest system from the owner’s or fests. Electronic manifests that are ob- operator’s electronic equipment, or by tained, completed, and transmitted in accessing the electronic manifest sys- accordance with § 262.20(a)(3) of this chapter, and used in accordance with tem from portable equipment brought this section in lieu of the paper mani- to the owner’s or operator’s site by the fest form are the legal equivalent of transporter who delivers the waste paper manifest forms bearing hand- shipment to the facility.
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(h) Special procedures applicable to re- assessed a user fee by EPA for the sub- placement manifests. If a facility re- mission and processing of each elec- ceives hazardous waste that is accom- tronic and paper manifest. EPA shall panied by a paper replacement mani- update the schedule of user fees and fest for a manifest that was originated publish them to the user community, electronically, the following proce- as provided in § 265.1313. dures apply to the delivery of the haz- (2) An owner or operator subject to ardous waste by the final transporter: user fees under this section shall make (1) Upon delivery of the hazardous user fee payments in accordance with waste to the designated facility, the the requirements of § 265.1314, subject owner or operator must sign and date to the informal fee dispute resolution each copy of the paper replacement process of § 265.1316, and subject to the manifest by hand in Item 20 (Des- sanctions for delinquent payments ignated Facility Certification of Re- under § 265.1315. ceipt) and note any discrepancies in Item 18 (Discrepancy Indication Space) (k) Electronic manifest signatures. (1) of the replacement manifest, Electronic manifest signatures shall (2) The owner or operator of the facil- meet the criteria described in § 262.25 of ity must give back to the final trans- this chapter. porter one copy of the paper replace- (l) Post-receipt manifest data correc- ment manifest, tions. After facilities have certified to (3) Within 30 days of delivery of the the receipt of hazardous wastes by hazardous waste to the designated fa- signing Item 20 of the manifest, any cility, the owner or operator of the fa- post-receipt data corrections may be cility must send one signed and dated submitted at any time by any inter- copy of the paper replacement manifest ested person (e.g., waste handler) to the generator, and send an addi- shown on the manifest. tional signed and dated copy of the (1) Interested persons must make all paper replacement manifest to the EPA corrections to manifest data by elec- e-Manifest system, and tronic submission, either by directly (4) The owner or operator of the facil- entering corrected data to the web ity must retain at the facility one copy based service provided in e-Manifest for of the paper replacement manifest for such corrections, or by an upload of a at least three years from the date of data file containing data corrections delivery. relating to one or more previously sub- (i) Special procedures applicable to elec- mitted manifests. tronic signature methods undergoing tests. (2) Each correction submission must If an owner or operator using an elec- include the following information: tronic manifest signs this manifest (i) The Manifest Tracking Number electronically using an electronic sig- and date of receipt by the facility of nature method which is undergoing the original manifest(s) for which data pilot or demonstration tests aimed at are being corrected; demonstrating the practicality or legal (ii) The Item Number(s) of the origi- dependability of the signature method, then the owner or operator shall also nal manifest that is the subject of the sign with an ink signature the facili- submitted correction(s); and ty’s certification of receipt or discrep- (iii) For each Item Number with cor- ancies on the printed copy of the mani- rected data, the data previously en- fest provided by the transporter. Upon tered and the corresponding data as executing its ink signature on this corrected by the correction submission. printed copy, the owner or operator (3) Each correction submission shall shall retain this original copy among include a statement that the person its records for at least 3 years from the submitting the corrections certifies date of delivery of the waste. that to the best of his or her knowledge (j) Imposition of user fee for electronic or belief, the corrections that are in- manifest use. (1) As prescribed in cluded in the submission will cause the § 265.1311, and determined in § 265.1312, information reported about the pre- an owner or operator who is a user of viously received hazardous wastes to be the electronic manifest system shall be true, accurate, and complete.
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(i) The certification statement must the discrepancy with the waste gener- be executed with a valid electronic sig- ator or transporter (e.g., with tele- nature; and phone conversations). If the discrep- (ii) A batch upload of data correc- ancy is not resolved within 15 days tions may be submitted under one cer- after receiving the waste, the owner or tification statement. operator must immediately submit to (4) Upon receipt by the system of any the Regional Administrator a letter de- correction submission, other interested scribing the discrepancy and attempts persons shown on the manifest will be to reconcile it, and a copy of the mani- provided electronic notice of the sub- fest or shipping paper at issue. mitter’s corrections. (d)(1) Upon rejecting waste or identi- (5) Other interested persons shown on fying a container residue that exceeds the manifest may respond to the sub- the quantity limits for ‘‘empty’’ con- mitter’s corrections with comments to tainers set forth in 40 CFR 261.7(b), the the submitter, or by submitting an- facility must consult with the gener- other correction to the system, cer- ator prior to forwarding the waste to tified by the respondent as as specified another facility that can manage the in paragraph (l)(3) of this section, and waste. If it is impossible to locate an with notice of the corrections to other alternative facility that can receive interested persons shown on the mani- the waste, the facility may return the fest. rejected waste or residue to the gener- ator. The facility must send the waste [45 FR 33232, May 19, 1980, as amended at 45 FR 86970, 86974, Dec. 31, 1980; 50 FR 4514, Jan. to the alternative facility or to the 31, 1985; 61 FR 16315, Apr. 12, 1996; 70 FR 10823, generator within 60 days of the rejec- Mar. 4, 2005; 75 FR 1260, Jan. 8, 2010; 79 FR tion or the container residue identi- 7560, Feb. 7, 2014; 81 FR 85727, 85827, Nov. 28, fication. 2016; 83 FR 457, Jan. 3, 2018] (2) While the facility is making ar- rangements for forwarding rejected § 265.72 Manifest discrepancies. wastes or residues to another facility (a) Manifest discrepancies are: under this section, it must ensure that (1) Significant differences (as defined either the delivering transporter re- by paragraph (b) of this section) be- tains custody of the waste, or the facil- tween the quantity or type of haz- ity must provide for secure, temporary ardous waste designated on the mani- custody of the waste, pending delivery fest or shipping paper, and the quan- of the waste to the first transporter tity and type of hazardous waste a fa- designated on the manifest prepared cility actually receives; under paragraph (e) or (f) of this sec- (2) Rejected wastes, which may be a tion. full or partial shipment of hazardous (e) Except as provided in paragraph waste that the TSDF cannot accept; or (e)(7) of this section, for full or partial (3) Container residues, which are resi- load rejections and residues that are to dues that exceed the quantity limits be sent off-site to an alternate facility, for ‘‘empty’’ containers set forth in 40 the facility is required to prepare a CFR 261.7(b). new manifest in accordance with (b) Significant differences in quan- § 262.20(a) of this chapter and the fol- tity are: For bulk waste, variations lowing instructions: greater than 10 percent in weight; for (1) Write the generator’s U.S. EPA ID batch waste, any variation in piece number in Item 1 of the new manifest. count, such as a discrepancy of one Write the generator’s name and mail- drum in a truckload. Significant dif- ing address in Item 5 of the new mani- ferences in type are obvious differences fest. If the mailing address is different which can be discovered by inspection from the generator’s site address, then or waste analysis, such as waste sol- write the generator’s site address in vent substituted for waste acid, or the designated space in Item 5. toxic constituents not reported on the (2) Write the name of the alternate manifest or shipping paper. designated facility and the facility’s (c) Upon discovering a significant dif- U.S. EPA ID number in the designated ference in quantity or type, the owner facility block (Item 8) of the new mani- or operator must attempt to reconcile fest.
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(3) Copy the manifest tracking num- (2) Write the name of the initial gen- ber found in Item 4 of the old manifest erator and the generator’s U.S. EPA ID to the Special Handling and Additional number in the designated facility block Information Block of the new manifest, (Item 8) of the new manifest. and indicate that the shipment is a res- (3) Copy the manifest tracking num- idue or rejected waste from the pre- ber found in Item 4 of the old manifest vious shipment. to the Special Handling and Additional (4) Copy the manifest tracking num- Information Block of the new manifest, ber found in Item 4 of the new manifest and indicate that the shipment is a res- to the manifest reference number line idue or rejected waste from the pre- in the Discrepancy Block of the old vious shipment, manifest (Item 18a). (4) Copy the manifest tracking num- (5) Write the DOT description for the ber found in Item 4 of the new manifest rejected load or the residue in Item 9 to the manifest reference number line (U.S. DOT Description) of the new in the Discrepancy Block of the old manifest and write the container types, manifest (Item 18a), quantity, and volume(s) of waste. (5) Write the DOT description for the (6) Sign the Generator’s/Offeror’s Cer- rejected load or the residue in Item 9 tification to certify, as the offeror of (U.S. DOT Description) of the new the shipment, that the waste has been manifest and write the container types, quantity, and volume(s) of waste. properly packaged, marked and labeled (6) Sign the Generator’s/Offeror’s Cer- and is in proper condition for transpor- tification to certify, as offeror of the tation, and mail a signed copy of the shipment, that the waste has been manifest to the generator identified in properly packaged, marked and labeled Item 5 of the new manifest. and is in proper condition for transpor- (7) For full load rejections that are tation, made while the transporter remains (7) For full load rejections that are present at the facility, the facility may made while the transporter remains at forward the rejected shipment to the the facility, the facility may return alternate facility by completing Item the shipment to the generator with the 18b of the original manifest and sup- original manifest by completing Item plying the information on the next des- 18a and 18b of the manifest and sup- tination facility in the Alternate Fa- plying the generator’s information in cility space. The facility must retain a the Alternate Facility space. The facil- copy of this manifest for its records, ity must retain a copy for its records and then give the remaining copies of and then give the remaining copies of the manifest to the transporter to ac- the manifest to the transporter to ac- company the shipment. If the original company the shipment. If the original manifest is not used, then the facility manifest is not used, then the facility must use a new manifest and comply must use a new manifest and comply with paragraphs (e)(1), (2), (3), (4), (5), with paragraphs (f)(1), (2), (3), (4), (5), and (6) of this section. (6), and (8) of this section. (f) Except as provided in paragraph (8) For full or partial load rejections (f)(7) of this section, for rejected wastes and container residues contained in and residues that must be sent back to non-empty containers that are re- the generator, the facility is required turned to the generator, the facility to prepare a new manifest in accord- must also comply with the exception ance with § 262.20(a) of this chapter and reporting requirements in § 262.42(a). the following instructions: (g) If a facility rejects a waste or (1) Write the facility’s U.S. EPA ID identifies a container residue that ex- number in Item 1 of the new manifest. ceeds the quantity limits for ‘‘empty’’ Write the facility’s name and mailing containers set forth in 40 CFR 261.7(b) address in Item 5 of the new manifest. after it has signed, dated, and returned If the mailing address is different from a copy of the manifest to the delivering the facility’s site address, then write transporter or to the generator, the fa- the facility’s site address in the des- cility must amend its copy of the ignated space for Item 5 of the new manifest to indicate the rejected manifest. wastes or residues in the discrepancy
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space of the amended manifest. The fa- menting the contingency plan as speci- cility must also copy the manifest fied in § 265.56(j); tracking number from Item 4 of the (5) Records and results of inspections new manifest to the discrepancy space as required by § 265.15(d) (except these of the amended manifest, and must re- data need be kept only three years); sign and date the manifest to certify to (6) Monitoring, testing or analytical the information as amended. The facil- data, and corrective action where re- ity must retain the amended manifest quired by subpart F of this part and by for at least three years from the date §§ 265.19, 265.94, 265.191, 265.193, 265.195, of amendment, and must within 30 265.224, 265.226, 265.255, 265.260, 265.276, days, send a copy of the amended mani- 265.278, 265.280(d)(1), 265.302, 265.304, fest to the transporter and generator 265.347, 265.377, 265.1034(c) through that received copies prior to their 265.1034(f), 265.1035, 265.1063(d) through being amended. 265. 265.1063(i), 265.1064, and 265.1083 through 265.1090. Maintain in the oper- [70 FR 10823, Mar. 4, 2005, as amended at 70 ating record for three years, except for FR 35041, June 16, 2005; 75 FR 13006, Mar. 18, 2010] records and results pertaining to ground-water monitoring and cleanup, § 265.73 Operating record. and response action plans for surface impoundments, waste piles, and land- (a) The owner or operator must keep fills, which must be maintained in the a written operating record at his operating record until closure of the fa- facility. cility. (b) The following information must be recorded, as it becomes available, [Comment: As required by § 265.94, monitoring and maintained in the operating record data at disposal facilities must be kept for three years unless noted below: throughout the post-closure period.] (1) A description and the quantity of (7) All closure cost estimates under each hazardous waste received, and the § 265.142 and, for disposal facilities, all method(s) and date(s) of its treatment, post-closure cost estimates under storage, or disposal at the facility as § 265.144 must be maintained in the op- required by Appendix I to part 265. This erating record until closure of the fa- information must be maintained in the cility. operating record until closure of the fa- (8) Records of the quantities (and cility; date of placement) for each shipment (2) The location of each hazardous of hazardous waste placed in land dis- waste within the facility and the quan- posal units under an extension to the tity at each location. For disposal fa- effective date of any land disposal re- cilities, the location and quantity of striction granted pursuant to § 268.5 of each hazardous waste must be recorded this chapter, monitoring data required on a map or diagram of each cell or dis- pursuant to a petition under § 268.6 of posal area. For all facilities, this infor- this chapter, or a certification under mation must include cross-references § 268.8 of this chapter, and the applica- to manifest document numbers if the ble notice required by a generator waste was accompanied by a manifest. under § 268.7(a) of this chapter. All of This information must be maintained this information must be maintained in the operating record until closure of in the operating record until closure of the facility; the facility. (9) For an off-site treatment facility, [Comment: See §§ 265.119, 265.279, and 265.309 a copy of the notice, and the certifi- for related requirements.] cation and demonstration if applicable, (3) Records and results of waste anal- required by the generator or the owner ysis, waste determinations, and trial or operator under § 268.7 or § 268.8; tests performed as specified in §§ 265.13, (10) For an on-site treatment facility, 265.200, 265.225, 265.252, 265.273, 265.314, the information contained in the no- 265.341, 265.375, 265.402, 265.1034, 265.1063, tice (except the manifest number), and 265.1084, 268.4(a), and 268.7 of this chap- the certification and demonstration if ter. applicable, required by the generator (4) Summary reports and details of or the owner or operator under § 268.7 all incidents that require imple- or § 268.8;
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(11) For an off-site land disposal fa- Regional Administrator and local land cility, a copy of the notice, and the cer- authority upon closure of the facility tification and demonstration if appli- (see § 265.119). cable, required by the generator or the [45 FR 33232, May 19, 1980, as amended at 50 owner or operator of a treatment facil- FR 4514, Jan. 31, 1985] ity under § 268.7 or § 268.8; (12) For an on-site land disposal facil- § 265.75 Biennial report. ity, the information contained in the The owner or operator must complete notice (except the manifest number), and submit EPA Form 8700–13 A/B to and the certification and demonstra- the Regional Administrator by March 1 tion if applicable, required by the of the following even numbered year generator or the owner or operator of a and must cover activities during the treatment facility under § 268.7 or previous year. § 268.8. (13) For an off-site storage facility, a [81 FR 85827, Nov. 28, 2016] copy of the notice, and the certifi- cation and demonstration if applicable, § 265.76 Unmanifested waste report. required by the generator or the owner (a) If a facility accepts for treatment, or operator under § 268.7 or § 268.8; and storage, or disposal any hazardous (14) For an on-site storage facility, waste from an off-site source without the information contained in the no- an accompanying manifest, or without tice (except the manifest number), and an accompanying shipping paper as de- the certification and demonstration if scribed by § 263.20(e) of this chapter, applicable, required by the generator and if the waste is not excluded from or the owner or operator of a treat- the manifest requirement by this chap- ment facility under § 268.7 or § 268.8. ter, then the owner or operator must (15) Monitoring, testing or analytical prepare and submit a letter to the Re- data, and corrective action where re- gional Administrator within fifteen quired by §§ 265.90, 265.93(d)(2), and days after receiving the waste. The 265.93(d)(5), and the certification as re- unmanifested waste report must con- quired by § 265.196(f) must be main- tain the following information: tained in the operating record until (1) The EPA identification number, closure of the facility. name and address of the facility; [45 FR 33232, May 19, 1980, as amended at 50 (2) The date the facility received the FR 4514, Jan. 31, 1985; 50 FR 18374, Apr. 30, waste; 1985; 51 FR 40638, Nov. 7, 1986; 53 FR 31211, (3) The EPA identification number, Aug. 17, 1988; 54 FR 26648, June 23, 1989; 55 FR name and address of the generator and 25507, June 21, 1990; 56 FR 19290, Apr. 26, 1991; the transporter, if available; 57 FR 3492, Jan. 29, 1992; 59 FR 62935, Dec. 6, (4) A description and the quantity of 1994; 62 FR 64661, Dec. 8, 1997; 71 FR 16908, each unmanifested hazardous waste the Apr. 4, 2006] facility received; § 265.74 Availability, retention, and (5) The method of treatment, storage, disposition of records. or disposal for each hazardous waste; (6) The certification signed by the (a) All records, including plans, re- owner or operator of the facility or his quired under this part must be fur- authorized representative; and nished upon request, and made avail- (7) A brief explanation of why the able at all reasonable times for inspec- waste was unmanifested, if known. tion, by any officer, employee, or rep- (b) [Reserved] resentative of EPA who is duly des- ignated by the Administrator. [70 FR 10824, Mar. 4, 2005] (b) The retention period for all records required under this part is ex- § 265.77 Additional reports. tended automatically during the course In addition to submitting the bien- of any unresolved enforcement action nial report and unmanifested waste re- regarding the facility or as requested ports described in §§ 265.75 and 265.76, by the Administrator. the owner or operator must also report (c) A copy of records of waste dis- to the Regional Administrator: posal locations and quantities under (a) Releases, fires, and explosions as § 265.73(b)(2) must be submitted to the specified in § 265.56(j);
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(b) Ground-water contamination and (i) A water balance of precipitation, monitoring data as specified in §§ 265.93 evapotranspiration, runoff, and infil- and 265.94; and tration; and (c) Facility closure as specified in (ii) Unsaturated zone characteristics § 265.115. (i.e., geologic materials, physical prop- (d) As otherwise required by Subparts erties, and depth to ground water); and AA, BB, and CC of this part. (2) The potential for hazardous waste [45 FR 33232, May 19, 1980, as amended at 48 or hazardous waste constituents which FR 3982, Jan. 28, 1983; 55 FR 25507, June 21, enter the uppermost aquifer to migrate 1990; 59 FR 62935, Dec. 6, 1994] to a water supply well or surface water, by an evaluation of: Subpart F—Ground-Water (i) Saturated zone characteristics Monitoring (i.e., geologic materials, physical prop- erties, and rate of ground-water flow); § 265.90 Applicability. and (ii) The proximity of the facility to (a) Within one year after the effec- water supply wells or surface water. tive date of these regulations, the owner or operator of a surface im- (d) If an owner or operator assumes poundment, landfill, or land treatment (or knows) that ground-water moni- facility which is used to manage haz- toring of indicator parameters in ac- ardous waste must implement a cordance with §§ 265.91 and 265.92 would ground-water monitoring program ca- show statistically significant increases pable of determining the facility’s im- (or decreases in the case of pH) when pact on the quality of ground water in evaluated under § 265.93(b), he may in- the uppermost aquifer underlying the stall, operate, and maintain an alter- facility, except as § 265.1 and paragraph nate ground-water monitoring system (c) of this section provide otherwise. (other than the one described in §§ 265.91 and 265.92). If the owner or op- (b) Except as paragraphs (c) and (d) of erator decides to use an alternate this section provide otherwise, the ground-water monitoring system he owner or operator must install, oper- must: ate, and maintain a ground-water mon- itoring system which meets the re- (1) Within one year after the effective quirements of § 265.91, and must comply date of these regulations, develop a with §§ 265.92 through 265.94. This specific plan, certified by a qualified ground-water monitoring program geologist or geotechnical engineer, must be carried out during the active which satisfies the requirements of life of the facility, and for disposal fa- § 265.93(d)(3), for an alternate ground- cilities, during the post-closure care water monitoring system. This plan is period as well. to be placed in the facility’s operating (c) All or part of the ground-water record and maintained until closure of monitoring requirements of this sub- the facility. part may be waived if the owner or op- (2) Not later than one year after the erator can demonstrate that there is a effective date of these regulations, ini- low potential for migration of haz- tiate the determinations specified in ardous waste or hazardous waste con- § 265.93(d)(4); stituents from the facility via the up- (3) Prepare a report in accordance permost aquifer to water supply wells with § 265.93(d)(5) and place it in the fa- (domestic, industrial, or agricultural) cility’s operating record and maintain or to surface water. This demonstra- until closure of the facility. tion must be in writing, and must be (4) Continue to make the determina- kept at the facility. This demonstra- tions specified in § 265.93(d)(4) on a tion must be certified by a qualified ge- quarterly basis until final closure of ologist or geotechnical engineer and the facility; and must establish the following: (5) Comply with the recordkeeping (1) The potential for migration of and reporting requirements in hazardous waste or hazardous waste § 265.94(b). constituents from the facility to the (e) The ground-water monitoring re- uppermost aquifer, by an evaluation of: quirements of this subpart may be
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waived with respect to any surface im- (1) Monitoring wells (at least one) in- poundment that (1) Is used to neu- stalled hydraulically upgradient (i.e., tralize wastes which are hazardous in the direction of increasing static solely because they exhibit the head) from the limit of the waste man- corrosivity characteristic under § 261.22 agement area. Their number, locations, of this chapter or are listed as haz- and depths must be sufficient to yield ardous wastes in subpart D of part 261 ground-water samples that are: of this chapter only for this reason, (i) Representative of background and (2) contains no other hazardous ground-water quality in the uppermost wastes, if the owner or operator can aquifer near the facility; and demonstrate that there is no potential (ii) Not affected by the facility; and for migration of hazardous wastes from (2) Monitoring wells (at least three) the impoundment. The demonstration installed hydraulically downgradient must establish, based upon consider- (i.e., in the direction of decreasing ation of the characteristics of the static head) at the limit of the waste wastes and the impoundment, that the management area. Their number, loca- corrosive wastes will be neutralized to tions, and depths must ensure that the extent that they no longer meet they immediately detect any statis- the corrosivity characteristic before tically significant amounts of haz- they can migrate out of the impound- ardous waste or hazardous waste con- ment. The demonstration must be in stituents that migrate from the waste writing and must be certified by a management area to the uppermost aq- qualified professional. uifer. (f) The Regional Administrator may replace all or part of the requirements (3) The facility owner or operator of this subpart applying to a regulated may demonstrate that an alternate hy- unit (as defined in 40 CFR 264.90), with draulically downgradient monitoring alternative requirements developed for well location will meet the criteria groundwater monitoring set out in an outlined below. The demonstration approved closure or post-closure plan must be in writing and kept at the fa- or in an enforceable document (as de- cility. The demonstration must be cer- fined in 40 CFR 270.1(c)(7)), where the tified by a qualified ground-water sci- Regional Administrator determines entist and establish that: that: (i) An existing physical obstacle pre- (1) A regulated unit is situated vents monitoring well installation at among solid waste management units the hydraulically downgradient limit (or areas of concern), a release has oc- of the waste management area; and curred, and both the regulated unit and (ii) The selected alternate one or more solid waste management downgradient location is as close to unit(s) (or areas of concern) are likely the limit of the waste management to have contributed to the release; and area as practical; and (2) It is not necessary to apply the re- (iii) The location ensures detection quirements of this subpart because the that, given the alternate location, is as alternative requirements will protect early as possible of any statistically human health and the environment. significant amounts of hazardous waste The alternative standards for the regu- or hazardous waste constituents that lated unit must meet the requirements migrate from the waste management of 40 CFR 264.101(a). area to the uppermost aquifer. (iv) Lateral expansion, new, or re- [45 FR 33232, May 19, 1980, as amended at 47 FR 1255, Jan. 11, 1982; 50 FR 4514, Jan. 31, placement units are not eligible for an 1985; 63 FR 56734, Oct. 22, 1998; 71 FR 16909, alternate downgradient location under Apr. 4, 2006; 71 FR 40274, July 14, 2006] this paragraph. (b) Separate monitoring systems for § 265.91 Ground-water monitoring sys- each waste management component of tem. a facility are not required provided (a) A ground-water monitoring sys- that provisions for sampling tem must be capable of yielding upgradient and downgradient water ground-water samples for analysis and quality will detect any discharge from must consist of: the waste management area.
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(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 collection at depths where appropriate (ii) Specific Conductance aquifer flow zones exist. The annular (iii) Total Organic Carbon space (i.e., the space between the bore (iv) Total Organic Halogen hole and well casing) above the sam- pling depth must be sealed with a suit- (c)(1) For all monitoring wells, the able material (e.g., cement grout or owner or operator must establish ini- bentonite slurry) to prevent contami- tial background concentrations or val- nation of samples and the ground ues of all parameters specified in para- water. graph (b) of this section. He must do this quarterly for one year. [45 FR 33232, May 19, 1980, as amended at 50 (2) For each of the indicator param- FR 4514, Jan. 31, 1985; 56 FR 66369, Dec. 23, eters specified in paragraph (b)(3) of 1991] this section, at least four replicate § 265.92 Sampling and analysis. measurements must be obtained for each sample and the initial background (a) The owner or operator must ob- arithmetic mean and variance must be tain and analyze samples from the in- determined by pooling the replicate stalled ground-water monitoring sys- measurements for the respective pa- tem. The owner or operator must de- rameter concentrations or values in velop and follow a ground-water sam- samples obtained from upgradient pling and analysis plan. He must keep wells during the first year. this plan at the facility. The plan must (d) After the first year, all moni- include procedures and techniques for: toring wells must be sampled and the (1) Sample collection; (2) Sample preservation and ship- samples analyzed with the following ment; frequencies: (3) Analytical procedures; and (1) Samples collected to establish (4) Chain of custody control. ground-water quality must be obtained and analyzed for the parameters speci- [Comment: See ‘‘Procedures Manual For fied in paragraph (b)(2) of this section Ground-water Monitoring At Solid Waste at least annually. Disposal Facilities,’’ EPA–530/SW–611, Au- gust 1977 and ‘‘Methods for Chemical Anal- (2) Samples collected to indicate ysis of Water and Wastes,’’ EPA–600/4–79–020, ground-water contamination must be March 1979 for discussions of sampling and obtained and analyzed for the param- analysis procedures.] eters specified in paragraph (b)(3) of this section at least semi-annually. (b) The owner or operator must de- termine the concentration or value of (e) Elevation of the ground-water the following parameters in ground- surface at each monitoring well must water samples in accordance with para- be determined each time a sample is graphs (c) and (d) of this section: obtained. (1) Parameters characterizing the [45 FR 33232, May 19, 1980, as amended at 50 suitability of the ground water as a FR 4514, Jan. 31, 1985]
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§ 265.93 Preparation, evaluation, and provide written notice to the Regional response. Administrator—within seven days of (a) Within one year after the effec- the date of such confirmation—that tive date of these regulations, the the facility may be affecting ground- owner or operator must prepare an out- water quality. line of a ground-water quality assess- (2) Within 15 days after the notifica- ment program. The outline must de- tion under paragraph (d)(1) of this sec- scribe a more comprehensive ground- tion, the owner or operator must de- water monitoring program (than that velop a specific plan, based on the out- described in §§ 265.91 and 265.92) capable line required under paragraph (a) of of determining: this section and certified by a qualified (1) Whether hazardous waste or haz- geologist or geotechnical engineer, for ardous waste constituents have entered a ground-water quality assessment at the ground water; the facility. This plan must be placed (2) The rate and extent of migration in the facility operating record and be of hazardous waste or hazardous waste maintained until closure of the facil- constituents in the ground water; and ity. (3) The concentrations of hazardous (3) The plan to be submitted under waste or hazardous waste constituents § 265.90(d)(1) or paragraph (d)(2) of this in the ground water. section must specify: (b) For each indicator parameter (i) The number, location, and depth specified in § 265.92(b)(3), the owner or of wells; operator must calculate the arithmetic (ii) Sampling and analytical methods mean and variance, based on at least for those hazardous wastes or haz- four replicate measurements on each ardous waste constituents in the facil- sample, for each well monitored in ac- ity; cordance with § 265.92(d)(2), and com- (iii) Evaluation procedures, including pare these results with its initial back- any use of previously-gathered ground- ground arithmetic mean. The compari- water quality information; and son must consider individually each of (iv) A schedule of implementation. the wells in the monitoring system, (4) The owner or operator must im- and must use the Student’s t-test at plement the ground-water quality as- the 0.01 level of significance (see appen- sessment plan which satisfies the re- dix IV) to determine statistically sig- quirements of paragraph (d)(3) of this nificant increases (and decreases, in section, and, at a minimum, determine: the case of pH) over initial background. (i) The rate and extent of migration (c)(1) If the comparisons for the of the hazardous waste or hazardous upgradient wells made under paragraph waste constituents in the ground (b) of this section show a significant in- water; and crease (or pH decrease), the owner or (ii) The concentrations of the haz- operator must submit this information ardous waste or hazardous waste con- in accordance with § 265.94(a)(2)(ii). stituents in the ground water. (2) If the comparisons for (5) The owner or operator must make downgradient wells made under para- his first determination under para- graph (b) of this section show a signifi- graph (d)(4) of this section, as soon as cant increase (or pH decrease), the technically feasible, and prepare a re- owner or operator must then imme- port containing an assessment of diately obtain additional ground-water ground-water quality. This report must samples from those downgradient wells be placed in the facility operating where a significant difference was de- record and be maintained until closure tected, split the samples in two, and of the facility. obtain analyses of all additional sam- (6) If the owner or operator deter- ples to determine whether the signifi- mines, based on the results of the first cant difference was a result of labora- determination under paragraph (d)(4) of tory error. this section, that no hazardous waste (d)(1) If the analyses performed under or hazardous waste constituents from paragraph (c)(2) of this section confirm the facility have entered the ground the significant increase (or pH de- water, then he may reinstate the indi- crease), the owner or operator must cator evaluation program described in
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§ 265.92 and paragraph (b) of this sec- (1) Keep records of the analyses re- tion. If the owner or operator rein- quired in § 265.92(c) and (d), the associ- states the indicator evaluation pro- ated ground-water surface elevations gram, he must so notify the Regional required in § 265.92(e), and the evalua- Administrator in the report submitted tions required in § 265.93(b) throughout under paragraph (d)(5) of this section. the active life of the facility, and, for (7) If the owner or operator deter- disposal facilities, throughout the post- mines, based on the first determination closure care period as well; and under paragraph (d)(4) of this section, (2) Report the following ground-water that hazardous waste or hazardous monitoring information to the Re- waste constituents from the facility gional Administrator: have entered the ground water, then (i) During the first year when initial he: background concentrations are being (i) Must continue to make the deter- established for the facility: concentra- minations required under paragraph tions or values of the parameters listed (d)(4) of this section on a quarterly in § 265.92(b)(1) for each ground-water basis until final closure of the facility, monitoring well within 15 days after if the ground-water quality assessment completing each quarterly analysis. plan was implemented prior to final The owner or operator must separately closure of the facility; or identify for each monitoring well any (ii) May cease to make the deter- parameters whose concentration or minations required under paragraph value has been found to exceed the (d)(4) of this section, if the ground- maximum contaminant levels listed in water quality assessment plan was im- appendix III. plemented during the post-closure care (ii) Annually: Concentrations or val- period. ues of the parameters listed in (e) Notwithstanding any other provi- § 265.92(b)(3) for each ground-water sion of this subpart, any ground-water monitoring well, along with the re- quality assessment to satisfy the re- quired evaluations for these param- quirements of § 265.93(d)(4) which is ini- eters under § 265.93(b). The owner or op- tiated prior to final closure of the fa- erator must separately identify any cility must be completed and reported significant differences from initial in accordance with § 265.93(d)(5). background found in the upgradient (f) Unless the ground water is mon- wells, in accordance with § 265.93(c)(1). itored to satisfy the requirements of During the active life of the facility, § 265.93(d)(4), at least annually the this information must be submitted no owner or operator must evaluate the later than March 1 following each cal- data on ground-water surface ele- endar year. vations obtained under § 265.92(e) to de- (iii) No later than March 1 following termine whether the requirements each calendar year: Results of the eval- under § 265.91(a) for locating the moni- uations of ground-water surface ele- toring wells continues to be satisfied. vations under § 265.93(f), and a descrip- If the evaluation shows that § 265.91(a) tion of the response to that evaluation, is no longer satisfied, the owner or op- where applicable. erator must immediately modify the (b) If the ground water is monitored number, location, or depth of the moni- to satisfy the requirements of toring wells to bring the ground-water § 265.93(d)(4), the owner or operator monitoring system into compliance must: with this requirement. (1) Keep records of the analyses and [45 FR 33232, May 19, 1980, as amended at 50 evaluations specified in the plan, which FR 4514, Jan. 31, 1985; 71 FR 16909, Apr. 4, satisfies the requirements of 2006] § 265.93(d)(3), throughout the active life of the facility, and, for disposal facili- § 265.94 Recordkeeping and reporting. ties, throughout the post-closure care (a) Unless the ground water is mon- period as well; and itored to satisfy the requirements of (2) Annually, until final closure of § 265.93(d)(4), the owner or operator the facility, submit to the Regional must: Administrator a report containing the
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results of his or her ground-water qual- CFR 270.1(c)(7)), where the Regional ity assessment program which in- Administrator determines that: cludes, but is not limited to, the cal- (1) A regulated unit is situated culated (or measured) rate of migra- among solid waste management units tion of hazardous waste or hazardous (or areas of concern), a release has oc- waste constituents in the ground water curred, and both the regulated unit and during the reporting period. This infor- one or more solid waste management mation must be submitted no later unit(s) (or areas of concern) are likely than March 1 following each calendar to have contributed to the release, and year. (2) It is not necessary to apply the closure requirements of this subpart [45 FR 33232, May 19, 1980, as amended at 48 (and/or those referenced herein) be- FR 3982, Jan. 28, 1983; 50 FR 4514, Jan. 31, 1985] cause the alternative requirements will protect human health and the environ- ment, and will satisfy the closure per- Subpart G—Closure and Post- formance standard of § 265.111 (a) and Closure (b). [51 FR 16451, May 2, 1986, as amended at 51 SOURCE: 51 FR 16451, May 2, 1986, unless FR 25479, July 14, 1986; 53 FR 34086, Sept. 2, otherwise noted. 1988; 57 FR 37267, Aug. 18, 1992; 63 FR 56734, Oct. 22, 1998; 71 FR 40274, July 14, 2006] § 265.110 Applicability. Except as § 265.1 provides otherwise: § 265.111 Closure performance stand- (a) Sections 265.111 through 265.115 ard. (which concern closure) apply to the The owner or operator must close the owners and operators of all hazardous facility in a manner that: waste management facilities; and (a) Minimizes the need for further (b) Sections 265.116 through 265.120 maintenance, and (which concern post-closure care) apply (b) Controls, minimizes or elimi- to the owners and operators of: nates, to the extent necessary to pro- (1) All hazardous waste disposal fa- tect human health and the environ- cilities; ment, post-closure escape of hazardous (2) Waste piles and surface impound- waste, hazardous constituents, leach- ments for which the owner or operator ate, contaminated run-off, or haz- intends to remove the wastes at clo- ardous waste decomposition products sure to the extent that these sections to the ground or surface waters or to are made applicable to such facilities the atmosphere, and in § 265.228 or § 265.258; (c) Complies with the closure require- (3) Tank systems that are required ments of this subpart, including, but under § 265.197 to meet requirements for not limited to, the requirements of landfills; and §§ 265.197, 265.228, 265.258, 265.280, 265.310, (4) Containment buildings that are 265.351, 265.381, 265.404, and 265.1102. required under § 265.1102 to meet the re- [51 FR 16451, May 2, 1986, as amended at 57 quirement for landfills. FR 37267, Aug. 18, 1992; 71 FR 40275, July 14, (c) Section 265.121 applies to owners 2006] and operators of units that are subject to the requirements of 40 CFR § 265.112 Closure plan; amendment of 270.1(c)(7) and are regulated under an plan. enforceable document (as defined in 40 (a) Written plan. By May 19, 1981, or CFR 270.1(c)(7)). by six months after the effective date (d) The Regional Administrator may of the rule that first subjects a facility replace all or part of the requirements to provisions of this section, the owner of this subpart (and the unit-specific or operator of a hazardous waste man- standards in § 265.111(c)) applying to a agement facility must have a written regulated unit (as defined in 40 CFR closure plan. Until final closure is com- 264.90), with alternative requirements pleted and certified in accordance with for closure set out in an approved clo- § 265.115, a copy of the most current sure or post-closure plan, or in an en- plan must be furnished to the Regional forceable document (as defined in 40 Administrator upon request, including
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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 (3) An estimate of the maximum in- §§ 265.90(f), 265.110(d), and/or 265.140(d), ventory of hazardous wastes ever on- either the alternative requirements ap- site over the active life of the facility plying to the regulated unit, or a ref- and a detailed description of the meth- erence to the enforceable document ods to be used during partial and final containing those alternative require- closure, including, but not limited to ments. methods for removing, transporting, (c) Amendment of plan. The owner or treating, storing or disposing of all operator may amend the closure plan hazardous waste, identification of and at any time prior to the notification of the type(s) of off-site hazardous waste partial or final closure of the facility. management unit(s) to be used, if ap- An owner or operator with an approved plicable; and closure plan must submit a written re- (4) A detailed description of the steps quest to the Regional Administrator to needed to remove or decontaminate all authorize a change to the approved clo- hazardous waste residues and contami- sure plan. The written request must nated containment system compo- include a copy of the amended closure nents, equipment, structures, and soils plan for approval by the Regional during partial and final closure includ- Administrator. ing, but not limited to, procedures for (1) The owner or operator must cleaning equipment and removing con- amend the closure plan whenever: taminated soils, methods for sampling (i) Changes in operating plans or fa- and testing surrounding soils, and cri- cility design affect the closure plan, or teria for determining the extent of de- (ii) There is a change in the expected contamination necessary to satisfy the year of closure, if applicable, or closure performance standard; and (iii) In conducting partial or final (5) A detailed description of other ac- closure activities, unexpected events tivities necessary during the partial require a modification of the closure and final closure periods to ensure that plan. all partial closures and final closure (iv) The owner or operator requests satisfy the closure performance stand- the Regional Administrator to apply ards, including, but not limited to, alternative requirements to a regu- ground-water monitoring, leachate col- lated unit under §§ 265.90(f), 265.110(d), lection, and run-on and run-off control; and/or 265.140(d). and (2) The owner or operator must (6) A schedule for closure of each haz- amend the closure plan at least 60 days ardous waste management unit and for prior to the proposed change in facility
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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. (3) An owner or operator with an ap- sure of a facility with only tanks, con- proved closure plan must submit the tainer storage, or incinerator units. modified plan to the Regional Adminis- Owners or operators with approved clo- trator at least 60 days prior to the pro- sure plans must notify the Regional posed change in facility design or oper- Administrator in writing at least 60 ation, or no more than 60 days after an days prior to the date on which he ex- unexpected event has occurred which pects to begin closure of a surface im- has affected the closure plan. If an un- poundment, waste pile, landfill, or land expected event has occurred during the treatment unit, or final closure of a fa- partial or final closure period, the cility involving such a unit. Owners or owner or operator must submit the operators with approved closure plans modified plan no more than 30 days must notify the Regional Adminis- after the unexpected event. These pro- trator in writing at least 45 days prior visions also apply to owners or opera- to the date on which he expects to tors of surface impoundments and begin partial or final closure of a boiler waste piles who intended to remove all or industrial furnace. Owners or opera- hazardous wastes at closure but are re- tors with approved closure plans must quired to close as landfills in accord- notify the Regional Administrator in ance with § 265.310. If the amendment to writing at least 45 days prior to the the plan is a Class 2 or 3 modification date on which he expects to begin final according to the criteria in § 270.42, the closure of a facility with only tanks, modification to the plan will be ap- container storage, or incinerator units. proved according to the procedures in § 265.112(d)(4). (2) The date when he ‘‘expects to (4) The Regional Administrator may begin closure’’ must be either: request modifications to the plan under (i) Within 30 days after the date on the conditions described in paragraph which any hazardous waste manage- (c)(1) of this section. An owner or oper- ment unit receives the known final vol- ator with an approved closure plan ume of hazardous wastes, or, if there is must submit the modified plan within a reasonable possibility that the haz- 60 days of the request from the Re- ardous waste management unit will re- gional Administrator, or within 30 days ceive additional hazardous wastes, no if the unexpected event occurs during later than one year after the date on partial or final closure. If the amend- which the unit received the most re- ment is considered a Class 2 or 3 modi- cent volume of hazardous waste. If the fication according to the criteria in owner or operator of a hazardous waste § 270.42, the modification to the plan management unit can demonstrate to will be approved in accordance with the the Regional Administrator that the procedures in § 265.112(d)(4). hazardous waste management unit or (d) Notification of partial closure and facility has the capacity to receive ad- final closure. (1) The owner or operator ditional hazardous wastes and he has must submit the closure plan to the taken, and will continue to take, all Regional Administrator at least 180 steps to prevent threats to human days prior to the date on which he ex- health and the environment, including pects to begin closure of the first sur-
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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 §§ 265.111 hazardous waste management unit has through 265.115 and the applicable re- the capacity to receive additional non- quirements of subpart F of this part, hazardous wastes and he has taken, and and §§ 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 265.1102. 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. trator may approve an extension to (e) Removal of wastes and decontamina- this one-year limit. tion or dismantling of equipment. Noth- (3) The owner or operator must sub- ing in this section shall preclude the mit his closure plan to the Regional owner or operator from removing haz- Administrator no later than 15 days ardous wastes and decontaminating or after: dismantling equipment in accordance (i) Termination of interim status ex- with the approved partial or final clo- cept when a permit is issued simulta- sure plan at any time before or after neously with termination of interim notification of partial or final closure. status; or (ii) Issuance of a judicial decree or [51 FR 16451, May 2, 1986, as amended at 54 final order under section 3008 of RCRA FR 37935, Sept. 28, 1988; 56 FR 7207, Feb. 21, to cease receiving hazardous wastes or 1991; 56 FR 42512, Aug. 27, 1991; 57 FR 37267, close. Aug. 18, 1992; 63 FR 56734, Oct. 22, 1998; 71 FR (4) The Regional Administrator will 40275, July 14, 2006] provide the owner or operator and the public, through a newspaper notice, the § 265.113 Closure; time allowed for clo- sure. opportunity to submit written com- ments on the plan and request modi- (a) Within 90 days after receiving the fications to the plan no later than 30 final volume of hazardous wastes, or days from the date of the notice. He the final volume of nonhazardous will also, in response to a request or at wastes if the owner or operator com- his own discretion, hold a public hear- plies with all applicable requirements ing whenever such a hearing might in paragraphs (d) and (e) of this sec- clarify one or more issues concerning a tion, at a hazardous waste manage- closure plan. The Regional Adminis- ment unit or facility, or within 90 days trator will give public notice of the after approval of the closure plan, hearing at least 30 days before it oc- whichever is later, the owner or oper- curs. (Public notice of the hearing may ator must treat, remove from the unit be given at the same time as notice of or facility, or dispose of on-site, all the opportunity for the public to sub- hazardous wastes in accordance with mit written comments, and the two no- the approved closure plan. The Re- tices may be combined.) The Regional gional Administrator may approve a
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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 the 90-day period in paragraph (a) of (C) Closure of the hazardous waste this section; and management unit or facility would be (2) The demonstration in paragraph incompatible with continued operation (b)(1) of this section must be made at of the site; and least 30 days prior to the expiration of (2) He has taken and will continue to the 180-day period in paragraph (b) of take all steps to prevent threats to this section, unless the owner or oper- human health and the environment, in- ator is otherwise subject to the dead- cluding compliance with all applicable lines in paragraph (d) of this section. interim status requirements. (d) The Regional Administrator may (b) The owner or operator must com- allow an owner or operator to receive plete partial and final closure activi- non-hazardous wastes in a landfill, land ties in accordance with the approved treatment, or surface impoundment closure plan and within 180 days after unit after the final receipt of hazardous receiving the final volume of hazardous wastes at that unit if: wastes, or the final volume of nonhaz- (1) The owner or operator submits an ardous wastes if the owner or operator amended part B application, or a part complies with all applicable require- B application, if not previously re- ments in paragraphs (d) and (e) of this quired, and demonstrates that: section, at the hazardous waste man- (i) The unit has the existing design agement unit or facility, or 180 days capacity as indicated on the part A ap- after approval of the closure plan, if plication to receive non-hazardous that is later. The Regional Adminis- wastes; and trator may approve an extension to the (ii) There is a reasonable likelihood closure period if the owner or operator that the owner or operator or another demonstrates that: person will receive non-hazardous (1)(i) The partial or final closure ac- wastes in the unit within one year tivities will, of necessity, take longer after the final receipt of hazardous than 180 days to complete; or wastes; and (ii)(A) The hazardous waste manage- (iii) The non-hazardous wastes will ment unit or facility has the capacity not be incompatible with any remain- to receive additional hazardous wastes, ing wastes in the unit or with the facil- or has the capacity to receive non-haz- ity design and operating requirements ardous wastes if the facility owner or of the unit or facility under this part; operator complies with paragraphs (d) and and (e) of this section; and (iv) Closure of the hazardous waste (B) There is reasonable likelihood management unit would be incompat- that he or another person will recom- ible with continued operation of the mence operation of the hazardous unit or facility; and waste management unit or the facility (v) The owner or operator is oper- within one year; and ating and will continue to operate in
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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 constituents 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 contingent corrective measures plan, (4) The part B application and the whichever is later; demonstrations referred to in para- (ii) May receive wastes at the unit graphs (d)(1) and (d)(2) of this section following detection of the release only are submitted to the Regional Admin- if the approved corrective measures istrator no later than 180 days prior to plan includes a demonstration that the date on which the owner or oper- continued receipt of wastes will not ator of the facility receives the known impede corrective action; and final volume of hazardous wastes, or no (iii) May be required by the Regional later than 90 days after the effective Administrator to implement corrective date of this rule in the state in which measures in less than one year or to the unit is located, whichever is later. cease receipt of wastes until corrective (e) In addition to the requirements in measures have been implemented if paragraph (d) of this section, an owner necessary to protect human health and or operator of a hazardous waste sur- the environment. face impoundment that is not in com- (5) During the period of corrective ac- pliance with the liner and leachate col- tion, the owner or operator shall pro- lection system requirements in 42 vide annual reports to the Regional Ad- U.S.C. 3004(o)(1) and 3005(j)(1) or 42 ministrator describing the progress of U.S.C. 3004(o)(2) or (3) or 3005(j) (2), (3), the corrective action program, compile (4) or (13) must: all ground-water monitoring data, and (1) Submit with the part B applica- evaluate the effect of the continued re- tion: ceipt of non-hazardous wastes on the (i) A contingent corrective measures effectiveness of the corrective action. plan; and (6) The Regional Administrator may (ii) A plan for removing hazardous require the owner or operator to com- wastes in compliance with paragraph mence closure of the unit if the owner (e)(2) of this section; and or operator fails to implement correc- (2) Remove all hazardous wastes from tive action measures in accordance the unit by removing all hazardous liq- with the approved contingent correc- uids and removing all hazardous tive measures plan within one year as sludges to the extent practicable with- required in paragraph (e)(4) of this sec- out impairing the integrity of the tion, or fails to make substantial liner(s), if any. progress in implementing corrective
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action and achieving the facility’s § 265.114 Disposal or decontamination background levels. of equipment, structures and soils. (7) If the owner or operator fails to During the partial and final closure implement corrective measures as re- periods, all contaminated equipment, quired in paragraph (e)(4) of this sec- structures and soil must be properly tion, or if the Regional Administrator disposed of, or decontaminated unless determines that substantial progress specified otherwise in §§ 265.197, 265.228, has not been made pursuant to para- 265.258, 265.280, or 265.310. By removing graph (e)(6) of this section he shall: all hazardous wastes or hazardous con- (i) Notify the owner or operator in stituents during partial and final clo- writing that the owner or operator sure, the owner or operator may be- must begin closure in accordance with come a generator of hazardous waste the deadline in paragraphs (a) and (b) and must handle that hazardous waste of this section and provide a detailed in accordance with all applicable re- statement of reasons for this deter- quirements of part 262 of this chapter. mination, and (ii) Provide the owner or operator [51 FR 16451, May 2, 1986, as amended at 53 and the public, through a newspaper FR 34086, Sept. 2, 1988] notice, the opportunity to submit writ- ten comments on the decision no later § 265.115 Certification of closure. than 20 days after the date of the no- Within 60 days of completion of clo- tice. sure of each hazardous waste surface (iii) If the Regional Administrator impoundment, waste pile, land treat- receives no written comments, the de- ment, and landfill unit, and within 60 cision will become final five days after days of completion of final closure, the the close of the comment period. The owner or operator must submit to the Regional Administrator will notify the Regional Administrator, by registered owner or operator that the decision is mail, a certification that the hazardous final, and that a revised closure plan, if waste management unit or facility, as necessary, must be submitted within 15 applicable, has been closed in accord- days of the final notice and that clo- ance with the specifications in the ap- sure must begin in accordance with the proved closure plan. The certification deadlines in paragraphs (a) and (b) of must be signed by the owner or oper- this section. ator and by a qualified Professional (iv) If the Regional Administrator re- Engineer. Documentation supporting ceives written comments on the deci- the Professional Engineer’s certifi- sion, he shall make a final decision cation must be furnished to the Re- within 30 days after the end of the com- gional Administrator upon request ment period, and provide the owner or until he releases the owner or operator operator in writing and the public from the financial assurance require- through a newspaper notice, a detailed ments for closure under § 265.143(h). statement of reasons for the final deci- sion. If the Regional Administrator de- [71 FR 16909, Apr. 4, 2006] termines that substantial progress has not been made, closure must be initi- § 265.116 Survey plat. ated in accordance with the deadlines No later than the submission of the in paragraphs (a) and (b) of this sec- certification of closure of each haz- tion. ardous waste disposal unit, an owner or (v) The final determinations made by operator must submit to the local zon- the Regional Administrator under ing authority, or the authority with ju- paragraphs (e)(7) (iii) and (iv) of this risdiction over local land use, and to section are not subject to administra- the Regional Administrator, a survey tive appeal. plat indicating the location and dimen- sions of landfill cells or other haz- [51 FR 16451, May 2, 1986, as amended at 54 FR 33396, Aug. 14, 1989; 56 FR 42512, Aug. 27, ardous waste disposal units with re- 1991; 71 FR 16909, Apr. 4, 2006; 71 FR 40275, spect to permanently surveyed bench- July 14, 2006] marks. This plat must be prepared and
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certified by a professional land sur- (b) The Regional Administrator 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 (c) Post-closure use of property on or property. 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- (1) Is necessary to the proposed use of parts F, K, L, M, and N of this part; the property, and will not increase the and potential hazard to human health or (ii) Maintenance and monitoring of the environment; or waste containment systems in accord- (2) Is necessary to reduce a threat to ance with the requirements of subparts human health or the environment. F, K, L, M, and N of this part. (d) All post-closure care activities (2) Any time preceding closure of a must be in accordance with the provi- hazardous waste management unit sub- sions of the approved post-closure plan ject to post-closure care requirements as specified in § 265.118. or final closure, or any time during the [51 FR 16451, May 2, 1986, as amended at 71 post-closure period for a particular FR 40275, July 14, 2006] hazardous waste disposal unit, the Re- gional Administrator may: § 265.118 Post-closure plan; amend- (i) Shorten the post-closure care pe- ment of plan. riod applicable to the hazardous waste (a) Written plan. By May 19, 1981, the management unit, or facility, if all dis- owner or operator of a hazardous waste posal units have been closed, if he finds disposal unit must have a written post- that the reduced period is sufficient to closure plan. An owner or operator of a protect human health and the environ- surface impoundment or waste pile ment (e.g., leachate or ground-water that intends to remove all hazardous monitoring results, characteristics of wastes at closure must prepare a post- the hazardous waste, application of ad- closure plan and submit it to the Re- vanced technology, or alternative dis- gional Administrator within 90 days of posal, treatment, or re-use techniques the date that the owner or operator or indicate that the hazardous waste man- Regional Administrator determines agement unit or facility is secure); or that the hazardous waste management (ii) Extend the post-closure care pe- unit or facility must be closed as a riod applicable to the hazardous waste landfill, subject to the requirements of management unit or facility, if he §§ 265.117 through 265.120. finds that the extended period is nec- (b) Until final closure of the facility, essary to protect human health and the a copy of the most current post-closure environment (e.g., leachate or ground- plan must be furnished to the Regional water monitoring results indicate a po- Administrator upon request, including tential for migration of hazardous request by mail. In addition, for facili- wastes at levels which may be harmful ties without approved post-closure to human health and the environment). plans, it must also be provided during
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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 (3) The name, address, and phone intended to remove all hazardous number of the person or office to con- wastes at closure in accordance with tact about the hazardous waste dis- § 265.228(b) or § 265.258(a) is required to posal unit or facility during the post- close as a landfill in accordance with closure care period. § 265.310, the owner or operator must (4) For facilities subject to § 265.121, submit a post-closure plan within 90 provisions that satisfy the require- days of the determination by the owner ments of § 265.121(a)(1) and (3). or operator or Regional Administrator (5) For facilities where the Regional that the unit must be closed as a land- Administrator has applied alternative fill. If the amendment to the post-clo- requirements at a regulated unit under sure plan is a Class 2 or 3 modification §§ 265.90(f), 265.110(d), and/or 265.140(d), according to the criteria in § 270.42, the either the alternative requirements modification to the plan will be ap- that apply to the regulated unit, or a proved according to the procedures in reference to the enforceable document § 265.118(f). containing those requirements. (4) The Regional Administrator may (d) Amendment of plan. The owner or request modifications to the plan under operator may amend the post-closure the conditions described in paragraph plan any time during the active life of (d)(1) of this section. An owner or oper- the facility or during the post-closure ator with an approved post-closure care period. An owner or operator with plan must submit the modified plan no an approved post-closure plan must later than 60 days of the request from submit a written request to the Re- the Regional Administrator. If the gional Administrator to authorize a amendment to the plan is considered a
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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 submit the post-closure plan to the Re- Regional Administrator to extend or gional Administrator no later than 15 reduce the post-closure care period ap- days after: plicable to a hazardous waste manage- (1) Termination of interim status (ex- ment unit or facility based on cause, or cept when a permit is issued to the fa- alter the requirements of the post-clo- cility simultaneously with termination sure care period based on cause. of interim status); or (i) The petition must include evi- (2) Issuance of a judicial decree or dence demonstrating that: final orders under section 3008 of RCRA (A) The secure nature of the haz- to cease receiving wastes or close. ardous waste management unit or fa- (f) The Regional Administrator will cility makes the post-closure care re- provide the owner or operator and the quirement(s) unnecessary or supports public, through a newspaper notice, the reduction of the post-closure care pe- opportunity to submit written com- riod specified in the current post-clo- ments on the post-closure plan and re- sure plan (e.g., leachate or ground- quest modifications to the plan no water monitoring results, characteris- later than 30 days from the date of the tics of the wastes, application of ad- notice. He will also, in response to a re- vanced technology, or alternative dis- quest or at his own discretion, hold a posal, treatment, or re-use techniques public hearing whenever such a hearing indicate that the facility is secure), or might clarify one or more issues con- (B) The requested extension in the cerning a post-closure plan. The Re- post-closure care period or alteration gional Administrator will give public of post-closure care requirements is notice of the hearing at least 30 days necessary to prevent threats to human
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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 titioner a brief written response giving in accordance with any records he has a reason for the denial. kept. (2) The Regional Administrator may (b) Within 60 days of certification of tentatively decide to modify the post- closure of the first hazardous waste closure plan if he deems it necessary to disposal unit and within 60 days of cer- prevent threats to human health and tification of closure of the last haz- the environment. He may propose to ardous waste disposal unit, the owner extend or reduce the post-closure care or operator must: period applicable to a hazardous waste (1) Record, in accordance with State management unit or facility based on law, a notation on the deed to the facil- cause or alter the requirements of the ity property—or on some other instru- post-closure care period based on ment which is normally examined dur- cause. ing title search—that will in per- (i) The Regional Administrator will petuity notify any potential purchaser provide the owner or operator and the of the property that: affected public, through a newspaper (i) The land has been used to manage notice, the opportunity to submit writ- hazardous wastes; and ten comments within 30 days of the (ii) Its use is restricted under 40 CFR date of the notice and the opportunity part 265, subpart G regulations; and for a public hearing as in paragraph (iii) The survey plat and record of the (g)(1)(ii) of this section. After consid- type, location, and quantity of haz- ering the comments, he will issue a ardous wastes disposed of within each final determination. cell or other hazardous waste disposal (ii) The Regional Administrator will unit of the facility required by §§ 265.116 base his final determination upon the and 265.119(a) have been filed with the
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local zoning authority or the authority mentation supporting the Professional with jurisdiction over local land use Engineer’s certification must be fur- and with the Regional Administrator; nished to the Regional Administrator and upon request until he releases the (2) Submit a certification signed by owner or operator from the financial the owner or operator that he has assurance requirements for post-clo- recorded the notation specified in para- sure care under § 265.145(h). graph (b)(1) of this section and a copy of the document in which the notation [71 FR 16909, Apr. 4, 2006] has been placed, to the Regional Ad- § 265.121 Post-closure requirements ministrator. for facilities that obtain enforceable (c) If the owner or operator or any documents in lieu of post-closure subsequent owner of the land upon permits. which a hazardous waste disposal unit (a) Owners and operators who are was located wishes to remove haz- subject to the requirement to obtain a ardous wastes and hazardous waste res- post-closure permit under 40 CFR idues, the liner, if any, and all con- 270.1(c), but who obtain enforceable taminated structures, equipment, and documents in lieu of post-closure per- soils, he must request a modification mits, as provided under 40 CFR to the approved post-closure plan in ac- 270.1(c)(7), must comply with the fol- cordance with the requirements of lowing requirements: § 265.118(g). The owner or operator must (1) The requirements to submit infor- demonstrate that the removal of haz- mation about the facility in 40 CFR ardous wastes will satisfy the criteria 270.28; of § 265.117(c). By removing hazardous (2) The requirements for facility-wide waste, the owner or operator may be- corrective action in § 264.101 of this come a generator of hazardous waste chapter; and must manage it in accordance with (3) The requirements of 40 CFR 264.91 all applicable requirements of this through 264.100. chapter. If the owner or operator is (b)(1) The Regional Administrator, in granted approval to conduct the re- issuing enforceable documents under moval activities, the owner or operator § 265.121 in lieu of permits, will assure a may request that the Regional Admin- meaningful opportunity for public in- istrator approve either: volvement which, at a minimum, in- (1) The removal of the notation on cludes public notice and opportunity the deed to the facility property or for public comment: other instrument normally examined (i) When the Agency becomes in- during title search, or volved in a remediation at the facility (2) The addition of a notation to the as a regulatory or enforcement matter; deed or instrument indicating the re- (ii) On the proposed preferred remedy moval of the hazardous waste. and the assumptions upon which the [51 FR 16451, May 2, 1986, as amended at 71 remedy is based, in particular those re- FR 40275, July 14, 2006] lated to land use and site characteriza- tion; and § 265.120 Certification of completion of (iii) At the time of a proposed deci- post-closure care. sion that remedial action is complete No later than 60 days after the com- at the facility. These requirements pletion of the established post-closure must be met before the Regional Ad- care period for each hazardous waste ministrator may consider that the fa- disposal unit, the owner or operator cility has met the requirements of 40 must submit to the Regional Adminis- CFR 270.1(c)(7), unless the facility trator, by registered mail, a certifi- qualifies for a modification to these cation that the post-closure care period public involvement procedures under for the hazardous waste disposal unit paragraph (b)(2) or (3) of this section. was performed in accordance with the (2) If the Regional Administrator de- specifications in the approved post-clo- termines that even a short delay in the sure plan. The certification must be implementation of a remedy would ad- signed by the owner or operator and a versely affect human health or the en- qualified Professional Engineer. Docu- vironment, the Regional Administrator
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may delay compliance with the re- (1) Prescribes alternative require- quirements of paragraph (b)(1) of this ments for the regulated unit under section and implement the remedy im- § 265.90(f) and/or 265.110(d), and mediately. However, the Regional Ad- (2) Determines that it is not nec- ministrator must assure involvement essary to apply the requirements of of the public at the earliest oppor- this subpart because the alternative fi- tunity, and, in all cases, upon making nancial assurance requirements will the decision that additional remedial protect human health and the environ- action is not needed at the facility. ment. (3) The Regional Administrator may allow a remediation initiated prior to [47 FR 15064, Apr. 7, 1982, as amended at 51 October 22, 1998 to substitute for cor- FR 16455, May 2, 1986; 51 FR 25479, July 14, rective action required under a post- 1986; 57 FR 37267, Aug. 18, 1992; 63 FR 56734, Oct. 22, 1998; 71 FR 40275, July 14, 2006] closure permit even if the public in- volvement requirements of paragraph § 265.141 Definitions of terms as used (b)(1) of this section have not been met in this subpart. so long as the Regional Administrator assures that notice and comment on (a) Closure plan means the plan for the decision that no further remedi- closure prepared in accordance with ation is necessary to protect human the requirements of § 265.112. health and the environment takes (b) Current closure cost estimate means place at the earliest reasonable oppor- the most recent of the estimates pre- tunity after October 22, 1998. pared in accordance with § 265.142 (a), (b), and (c). [63 FR 56734, Oct. 22, 1998] (c) Current post-closure cost estimate means the most recent of the estimates Subpart H—Financial prepared in accordance with § 265.144 Requirements (a), (b), and (c). (d) Parent corporation means a cor- SOURCE: 47 FR 15064, Apr. 7, 1982, unless poration which directly owns at least otherwise noted. 50 percent of the voting stock of the corporation which is the facility owner § 265.140 Applicability. or operator; the latter corporation is (a) The requirements of §§ 265.142, deemed a ‘‘subsidiary’’ of the parent 265.143 and 265.147 through 265.150 apply corporation. to owners or operators of all hazardous (e) Post-closure plan means the plan waste facilities, except as provided oth- for post-closure care prepared in ac- erwise in this section or in § 265.1. cordance with the requirements of (b) The requirements of §§ 265.144 and §§ 265.117 through 265.120. 265.145 apply only to owners and opera- (f) The following terms are used in tors of: the specifications for the financial (1) Disposal facilities; (2) Tank systems that are required tests for closure, post-closure care, and under § 265.197 of this chapter to meet liability coverage. The definitions are the requirements for landfills; and intended to assist in the understanding (3) Containment buildings that are of these regulations and are not in- required under § 265.1102 to meet the re- tended to limit the meanings of terms quirements for landfills. in a way that conflicts with generally (c) States and the Federal govern- accepted accounting practices. ment are exempt from the require- Assets means all existing and all ments of this subpart. probable future economic benefits (d) The Regional Administrator may obtained or controlled by a particular replace all or part of the requirements entity. of this subpart applying to a regulated Current assets means cash or other as- unit with alternative requirements for sets or resources commonly identified financial assurance set out in the per- as those which are reasonably expected mit or in an enforceable document (as to be realized in cash or sold or con- defined in 40 CFR 270.1(c)(7)), where the sumed during the normal operating Regional Administrator: cycle of the business.
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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 ‘‘sub- rifices of economic benefits arising stantial business relationship’’ must from present obligations to transfer as- arise from a pattern of recent or ongo- sets or provide services to other enti- ing business transactions, in addition ties in the future as a result of past to 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 clude those liabilities which, con- §§ 265.197, 265.228, 265.258, 265.280, 265.310, sistent with standard industry prac- 265.351, 265.381, 265.404, and 265.1102. tice, are excluded from coverage in li- (1) The estimate must equal the cost ability policies for bodily injury and of final closure at the point in the fa- property damage. The Agency intends cility’s active life when the extent and the meanings of other terms used in manner of its operation would make the liability insurance requirements to closure the most expensive, as indi- be consistent with their common cated by its closure plan (see meanings within the insurance indus- § 265.112(b)); and try. The definitions given below of sev- (2) The closure cost estimate must be eral of the terms are intended to assist based on the costs to the owner or op- in the understanding of these regula- erator of hiring a third party to close tions and are not intended to limit the facility. A third party is a party their meanings in a way that conflicts who is neither a parent nor a sub- with general insurance industry usage. sidiary of the owner or operator. (See Accidental occurrence means an acci- definition of parent corporation in dent, including continuous or repeated § 265.141(d).) The owner or operator may exposure to conditions, which results use costs for on-site disposal if he can in bodily injury or property damage demonstrate that on-site disposal ca- neither expected nor intended from the pacity will exist at all times over the standpoint of the insured. life of the facility. Legal defense costs means any ex- (3) The closure cost estimate may not penses that an insurer incurs in defend- incorporate any salvage value that
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may be realized with the sale of haz- closure cost estimate must be adjusted ardous wastes, or non-hazardous wastes for inflation as specified in § 265.142(b). if applicable under § 265.113(d), facility (d) The owner or operator must keep structures or equipment, land, or other the following at the facility during the assets associated with the facility at operating life of the facility: The latest the time of partial or final closure. closure cost estimate prepared in ac- (4) The owner or operator may not in- cordance with §§ 265.142 (a) and (c) and, corporate a zero cost for hazardous when this estimate has been adjusted wastes, or non-hazardous wastes if ap- in accordance with § 265.142(b), the lat- plicable under § 265.113(d), that might est adjusted closure cost estimate. have economic value. [47 FR 15064, Apr. 7, 1982, as amended at 50 (b) During the active life of the facil- FR 4514, Jan. 31, 1985; 51 FR 16456, May 2, ity, the owner or operator must adjust 1986; 54 FR 33397, Aug. 14, 1989; 57 FR 37267, the closure cost estimate for inflation Aug. 18, 1992; 71 FR 40275, July 14, 2006] within 60 days prior to the anniversary date of the establishment of the finan- § 265.143 Financial assurance for clo- cial instrument(s) used to comply with sure. § 265.143. For owners and operators By the effective date of these regula- using the financial test or corporate tions, an owner or operator of each fa- guarantee, the closure cost estimate cility must establish financial assur- must be updated for inflation within 30 ance for closure of the facility. He days after the close of the firm’s fiscal must choose from the options as speci- year and before submission of updated fied in paragraphs (a) through (e) of information to the Regional Adminis- this section. trator as specified in § 265.143(e)(3). The (a) Closure trust fund. (1) An owner or adjustment may be made by recalcu- operator may satisfy the requirements lating the closure cost estimate in cur- of this section by establishing a closure rent dollars, or by using an inflation trust fund which conforms to the re- factor derived from the most recent quirements of this paragraph and sub- Implicit Price Deflator for Gross Na- mitting an originally signed duplicate tional Product published by the U.S. of the trust agreement to the Regional Department of Commerce in its Survey Administrator. The trustee must be an of Current Business, as specified in para- entity which has the authority to act graphs (b)(1) and (2) of this section. The as a trustee and whose trust operations inflation factor is the result of dividing are regulated and examined by a Fed- the latest published annual Deflator by eral or State agency. the Deflator for the previous year. (2) The wording of the trust agree- (1) The first adjustment is made by ment must be identical to the wording multiplying the closure cost estimate specified in § 264.151(a)(1), and the trust by the inflation factor. The result is agreement must be accompanied by a the adjusted closure cost estimate. formal certification of acknowledg- (2) Subsequent adjustments are made ment (for example, see § 264.151(a)(2)). by multiplying the latest adjusted clo- Schedule A of the trust agreement sure cost estimate by the latest infla- must be updated within 60 days after a tion factor. change in the amount of the current (c) During the active life of the facil- closure cost estimate covered by the ity, the owner or operator must revise agreement. the closure cost estimate no later than (3) Payments into the trust fund 30 days after a revision has been made must be made annually by the owner or to the closure plan which increases the operator over the 20 years beginning cost of closure. If the owner or oper- with the effective date of these regula- ator has an approved closure plan, the tions or over the remaining operating closure cost estimate must be revised life of the facility as estimated in the no later than 30 days after the Re- closure plan, whichever period is short- gional Administrator has approved the er; this period is hereafter referred to request to modify the closure plan, if as the ‘‘pay-in period.’’ The payments the change in the closure plan in- into the closure trust fund must be creases the cost of closure. The revised made as follows:
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(i) The first payment must be made current closure cost estimate, the by the effective date of these regula- owner or operator may submit a writ- tions, except as provided in paragraph ten request to the Regional Adminis- (a)(5) of this section. The first payment trator for release of the amount in must be at least equal to the current excess of the current closure cost esti- closure cost estimate, except as pro- mate. vided in § 265.143(f), divided by the num- (8) If an owner or operator sub- ber of years in the pay-in period. stitutes other financial assurance as (ii) Subsequent payments must be specified in this section for all or part made no later than 30 days after each of the trust fund, he may submit a anniversary date of the first payment. written request to the Regional Admin- The amount of each subsequent pay- istrator for release of the amount in ment must be determined by this excess of the current closure cost esti- formula: mate covered by the trust fund. (9) Within 60 days after receiving a CE − CV Next payment = request from the owner or operator for Y release of funds as specified in para- where CE is the current closure cost esti- graph (a) (7) or (8) of this section, the mate, CV is the current value of the Regional Administrator will instruct trust fund, and Y is the number of years the trustee to release to the owner or 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 amount that the fund would contain if for partial or final closure activities, the trust fund were established ini- the Regional Administrator will in- tially and annual payments made as struct the trustee to make reimburse- specified in paragraph (a)(3) of this sec- ments in those amounts as the Re- tion. gional Administrator specifies in writ- (6) After the pay-in period is com- ing, if the Regional Administrator de- pleted, whenever the current closure termines that the partial or final clo- cost estimate changes, the owner or op- sure expenditures are in accordance erator must compare the new estimate with the approved closure plan, or oth- with the trustee’s most recent annual erwise justified. If the Regional Admin- valuation of the trust fund. If the value istrator has reason to believe that the of the fund is less than the amount of maximum cost of closure over the re- the new estimate, the owner or oper- maining life of the facility will be sig- ator, within 60 days after the change in nificantly greater than the value of the the cost estimate, must either deposit trust fund, he may withhold reimburse- an amount into the fund so that its ments of such amounts as he deems value after this deposit at least equals prudent until he determines, in accord- the amount of the current closure cost ance with § 265.143(h) that the owner or estimate, or obtain other financial as- operator is no longer required to main- surance as specified in this section to tain financial assurance for final clo- cover the difference. sure of the facility. If the Regional Ad- (7) If the value of the trust fund is ministrator does not instruct the greater than the total amount of the trustee to make such reimbursements,
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he will provide to the owner or oper- (i) Fund the standby trust fund in an ator a detailed written statement of amount equal to the penal sum of the reasons. bond before the beginning of final clo- (11) The Regional Administrator will sure of the facility; or agree to termination of the trust when: (ii) Fund the standby trust fund in an (i) An owner or operator substitutes amount equal to the penal sum within alternate financial assurance as speci- 15 days after an administrative order fied in this section; or to begin final closure issued by the Re- (ii) The Regional Administrator re- gional Administrator becomes final, or leases the owner or operator from the within 15 days after an order to begin requirements of this section in accord- final closure is issued by a U.S. district ance with § 265.143(h). court or other court of competent ju- (b) Surety bond guaranteeing payment risdiction; or into a closure trust fund. (1) An owner or (iii) Provide alternate financial as- operator may satisfy the requirements surance as specified in this section, and of this section by obtaining a surety obtain the Regional Administrator’s bond which conforms to the require- written approval of the assurance pro- ments of this paragraph and submit- vided, within 90 days after receipt by ting the bond to the Regional Adminis- both the owner or operator and the trator. The surety company issuing the Regional 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. (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 standby trust fund must meet the re- least equal to the current closure cost quirements specified in § 265.143(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 § 265.143(a); surety may cancel the bond by sending (B) Updating of Schedule A of the notice of cancellation by certified mail trust agreement (see § 264.151(a)) to to the owner or operator and to the Re- show current closure cost estimates; gional Administrator. Cancellation (C) Annual valuations as required by may not occur, however, during the 120 the trust agreement; and days beginning on the date of receipt of (D) Notices of nonpayment as re- the notice of cancellation by both the quired by the trust agreement. owner or operator and the Regional Ad- (4) The bond must guarantee that the ministrator, as evidenced by the return owner or operator will: receipts.
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(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 accordance with instructions from the amount of the credit to be increased so Regional Administrator. This standby that it at least equals the current clo- trust fund must meet the requirements sure cost estimate and submit evidence of the trust fund specified in of such increase to the Regional Ad- § 265.143(a), except that: ministrator, or obtain other financial (i) An originally signed duplicate of assurance as specified in this section to the trust agreement must be submitted cover the increase. Whenever the cur- to the Regional Administrator with the rent closure cost estimate decreases, letter of credit; and the amount of the credit may be re- (ii) Unless the standby trust fund is duced to the amount of the current funded pursuant to the requirements of closure 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 (8) Following a final administrative specified in § 265.143(a); determination pursuant to section 3008 (B) Updating of Schedule A of the of RCRA that the owner or operator trust agreement (see § 264.151(a)) to has failed to perform final closure in show current closure cost estimates; accordance with the approved closure (C) Annual valuations as required by plan when required to do so, the Re- the trust agreement; and gional Administrator may draw on the (D) Notices of nonpayment as re- letter of credit. quired by the trust agreement. (9) If the owner or operator does not (4) The letter of credit must be ac- establish alternate financial assurance companied by a letter from the owner as specified in this section and obtain or operator referring to the letter of written approval of such alternate as- credit by number, issuing institution, surance from the Regional Adminis- and date, and providing the following trator within 90 days after receipt by information: The EPA Identification both the owner or operator and the Re- Number, name, and address of the facil- gional Administrator of a notice from
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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 requirements of this section in accord- trator. The owner or operator may re- ance with § 265.143(h). quest reimbursements for partial clo- (d) Closure insurance. (1) An owner or sure only if the remaining value of the operator may satisfy the requirements policy is sufficient to cover the max- of this section by obtaining closure in- imum costs of closing the facility over surance which conforms to the require- its remaining operating life. Within 60 ments of this paragraph and submit- days after receiving bills for closure ting a certificate of such insurance to activities, the Regional Administrator the Regional Administrator. By the ef- will instruct the insurer to make reim- fective date of these regulations the bursements in such amounts as the Re- owner or operator must submit to the gional Administrator specifies in writ- Regional Administrator a letter from ing if the Regional Administrator de- an insurer stating that the insurer is termines that the partial or final clo- considering issuance of closure insur- sure expenditures are in accordance ance conforming to the requirements of with the approved closure plan or oth- this paragraph to the owner or oper- erwise justified. If the Regional Admin- ator. Within 90 days after the effective istrator has reason to believe that the date of these regulations, the owner or maximum cost of closure over the re- operator must submit the certificate of maining life of the facility will be sig- insurance to the Regional Adminis- nificantly greater than the face trator or establish other financial as- amount of the policy, he may withhold surance as specified in this section. At reimbursement of such amounts as he a minimum, the insurer must be li- deems prudent until he determines, in censed to transact the business of in- accordance with § 265.143(h), that the surance, or eligible to provide insur- owner or operator is no longer required ance as an excess or surplus lines in- to maintain financial assurance for surer, in one or more States. final closure of the particular facility. (2) The wording of the certificate of If the Regional Administrator does not insurance must be identical to the instruct the insurer to make such re- wording specified in § 264.151(e). imbursements, he will provide to the (3) The closure insurance policy must owner or operator a detailed written be issued for a face amount at least statement of reasons. equal to the current closure cost esti- (6) The owner or operator must main- mate, except as provided in § 265.143(f). tain the policy in full force and effect
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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: receipt of the notice by both the Re- (i) The owner or operator must have: gional Administrator and the owner or (A) Two of the following three ratios: operator, as evidenced by the return re- A ratio of total liabilities to net worth ceipts. Cancellation, termination, or less than 2.0; a ratio of the sum of net failure to renew may not occur and the income plus depreciation, depletion, policy will remain in full force and ef- and amortization to total liabilities fect in the event that on or before the greater than 0.1; and a ratio of current date of expiration: assets to current liabilities greater (i) The Regional Administrator than 1.5; and deems the facility abandoned; or (B) Net working capital and tangible (ii) Interim status is terminated or net worth each at least six times the revoked; or sum of the current closure and post- (iii) Closure is ordered by the Re- closure cost estimates and the current gional Administrator or a U.S. district plugging and abandonment cost esti- court or other court of competent ju- mates; and risdiction; or (C) Tangible net worth of at least $10 (iv) The owner or operator is named million; and as debtor in a voluntary or involuntary (D) Assets located in the United proceeding under Title 11 (Bank- States amounting to at least 90 percent ruptcy), U.S. Code; or of total assets or at least six times the
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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) The owner or operator may obtain BBB as issued by Standard and Poor’s an extension of the time allowed for or Aaa, Aa, A, or Baa as issued by submission of the documents specified Moody’s; and in paragraph (e)(3) of this section if the (B) Tangible net worth at least six fiscal year of the owner or operator times the sum of the current closure ends during the 90 days prior to the ef- and post-closure cost estimates and the fective date of these regulations and if current plugging and abandonment the year-end financial statements for cost estimates; and that fiscal year will be audited by an (C) Tangible net worth of at least $10 independent certified public account- million; and ant. The extension will end no later (D) Assets located in the United than 90 days after the end of the own- States amounting to at least 90 percent er’s or operator’s fiscal year. To obtain of total assets or at least six times the the extension, the owner’s or opera- sum of the current closure and post- tor’s chief financial officer must send, closure cost estimates and the current by the effective date of these regula- plugging and abandonment cost esti- tions, a letter to the Regional Adminis- mates. trator of each Region in which the (2) The phrase ‘‘current closure and owner’s or operator’s facilities to be post-closure cost estimates’’ as used in covered by the financial test are lo- paragraph (e)(1) of this section refers to cated. This letter from the chief finan- the cost estimates required to be cial officer must: shown in paragraphs 1–4 of the letter (i) Request the extension; from the owner’s or operator’s chief fi- 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; (3) To demonstrate that he meets (iv) Specify the date ending the own- this test, the owner or operator must er’s or operator’s last complete fiscal submit the following items to the Re- year before the effective date of these gional Administrator: regulations; (i) A letter signed by the owner’s or (v) Specify the date, no later than 90 operator’s chief financial officer and days after the end of such fiscal year, worded as specified in § 264.151(f); and when he will submit the documents (ii) A copy of the independent cer- specified in paragraph (e)(3) of this sec- tified public accountant’s report on ex- tion; and amination of the owner’s or operator’s (vi) Certify that the year-end finan- financial statements for the latest cial statements of the owner or oper- completed fiscal year; and ator for such fiscal year will be audited (iii) A special report from the owner’s by an independent certified public ac- or operator’s independent certified pub- countant. lic accountant to the owner or operator (5) After the initial submission of stating that: items specified in paragraph (e)(3) of (A) He has compared the data which this section, the owner or operator the letter from the chief financial offi- must send updated information to the cer specifies as having been derived Regional Administrator within 90 days from the independently audited, year- after the close of each succeeding fiscal end financial statements for the latest year. This information must consist of
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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- antor must meet the requirements for ments. The owner or operator must owners or operators in paragraphs provide the alternate financial assur- (e)(1) through (8) of this section and ance within 120 days after the end of must comply with the terms of the such fiscal year. guarantee. The wording of the guar- (7) The Regional Administrator may, antee must be identical to the wording based on a reasonable belief that the specified in § 264.151(h). A certified copy owner or operator may no longer meet of the guarantee must accompany the the requirements of paragraph (e)(1) of items sent to the Regional Adminis- this section, require reports of finan- trator as specified in paragraph (e)(3) cial condition at any time from the of this section. One of these items must owner or operator in addition to those be the letter from the guarantor’s chief specified in paragraph (e)(3) of this sec- financial officer. If the guarantor’s par- tion. If the Regional Administrator ent corporation is also the parent cor- finds, on the basis of such reports or poration of the owner or operator, the letter must describe the value received other information, that the owner or in consideration of the guarantee. If operator no longer meets the require- the guarantor is a firm with a ‘‘sub- ments of paragraph (e)(1) of this sec- stantial business relationship’’ with tion, the owner or operator must pro- the owner or operator, this letter must vide alternate financial assurance as describe this ‘‘substantial business re- specified in this section within 30 days lationship’’ and the value received in after notification of such a finding. consideration of the guarantee. The (8) The Regional Administrator may terms of the guarantee must provide disallow use of this test on the basis of that: qualifications in the opinion expressed (i) If the owner or operator fails to by the independent certified public ac- perform final closure of a facility cov- countant in his report on examination ered by the corporate guarantee in ac- of the owner’s or operator’s financial cordance with the closure plan and statements (see paragraph (e)(3)(ii) of other interim status requirements this section). An adverse opinion or a whenever required to do so, the guar- disclaimer of opinion will be cause for antor will do so or establish a trust disallowance. The Regional Adminis- fund as specified in § 265.143(a) in the trator will evaluate other qualifica- name of the owner or operator. tions on an individual basis. The owner (ii) The corporate guarantee will re- or operator must provide alternate fi- main in force unless the guarantor nancial assurance as specified in this sends notice of cancellation by cer- section within 30 days after notifica- tified mail to the owner or operator tion of the disallowance. and to the Regional Administrator. (9) The owner or operator is no longer Cancellation may not occur, however, required to submit the items specified during the 120 days beginning on the in paragraph (e)(3) of this section when: date of receipt of the notice of can- (i) An owner or operator substitutes cellation by both the owner or operator alternate financial assurance as speci- and the Regional Administrator, as fied in this section; or evidenced by the return receipts. (ii) The Regional Administrator re- (iii) If the owner or operator fails to leases the owner or operator from the provide alternate financial assurance
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as specified in this section and obtain available through the mechanism for the written approval of such alternate closure of any of the facilities covered assurance from the Regional Adminis- by the mechanism, the Regional Ad- trator within 90 days after receipt by ministrator may direct only the both the owner or operator and the Re- amount of funds designated for that fa- gional Administrator of a notice of cility, unless the owner or operator cancellation of the corporate guar- agrees to the use of additional funds antee from the guarantor, the guar- 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- a qualified Professional Engineer that isfy the requirements of this section by final closure has been completed in ac- establishing more than one financial cordance with the approved closure mechanism per facility. These mecha- plan, the Regional Administrator will nisms are limited to trust funds, surety notify the owner or operator in writing bonds, letters of credit, and insurance. that he is no longer required by this The mechanisms must be as specified section to maintain financial assur- in paragraphs (a) through (d), respec- ance for final closure of the facility, tively, of this section, except that it is unless the Regional Administrator has the combination of mechanisms, rather reason to believe that final closure has than the single mechanism, which not been in accordance with the ap- must provide financial assurance for an proved closure plan. The Regional Ad- amount at least equal to the current ministrator shall provide the owner or closure cost estimate. If an owner or operator a detailed written statement operator uses a trust fund in combina- of any such reason to believe that clo- tion with a surety bond or a letter of sure has not been in accordance with credit, he may use the trust fund as the the approved closure plan. standby trust fund for the other mech- [47 FR 15064, Apr. 7, 1982, as amended at 51 anisms. A single standby trust fund FR 16456, May 2, 1986; 57 FR 42843, Sept. 16, may be established for two or more 1992; 71 FR 16909, Apr. 4, 2006] mechanisms. The Regional Adminis- trator may use any or all of the mecha- § 265.144 Cost estimate for post-closure nisms to provide for closure of the fa- care. cility. (a) The owner or operator of a haz- (g) Use of a financial mechanism for ardous waste disposal unit must have a multiple facilities. An owner or operator detailed written estimate, in current may use a financial assurance mecha- dollars, of the annual cost of post-clo- nism specified in this section to meet sure monitoring and maintenance of the requirements of this section for the facility in accordance with the ap- more than one facility. Evidence of fi- plicable post-closure regulations in nancial assurance submitted to the Re- §§ 265.117 through 265.120, 265.228, 265.258, gional Administrator must include a 265.280, and 265.310. list showing, for each facility, the EPA (1) The post-closure cost estimate Identification Number, name, address, must be based on the costs to the and the amount of funds for closure as- owner or operator of hiring a third sured by the mechanism. If the facili- party to conduct post-closure care ac- ties covered by the mechanism are in tivities. A third party is a party who is more than one Region, identical evi- neither a parent nor subsidiary of the dence of financial assurance must be owner or operator. (See definition of submitted to and maintained with the parent corporation in § 265.141(d).) Regional Administrators of all such (2) The post-closure cost estimate is Regions. The amount of funds available calculated by multiplying the annual through the mechanism must be no post-closure cost estimate by the num- less than the sum of funds that would ber of years of post-closure care re- be available if a separate mechanism quired under § 265.117. had been established and maintained (b) During the active life of the facil- for each facility. In directing funds ity, the owner or operator must adjust
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the post-closure cost estimate for in- the latest adjusted post-closure cost es- flation within 60 days prior to the anni- timate. versary date of the establishment of [47 FR 15064, Apr. 7, 1982, as amended at 50 the financial instrument(s) used to FR 4514, Jan. 31, 1985; 51 FR 16457, May 2, comply with § 265.145. For owners or op- 1986] erators using the financial test or cor- porate guarantee, the post-closure care § 265.145 Financial assurance for post- cost estimate must be updated for in- closure care. flation no later than 30 days after the By the effective date of these regula- close of the firm’s fiscal year and be- tions, an owner or operator of a facility fore submission of updated information with a hazardous waste disposal unit to the Regional Administrator as speci- must establish financial assurance for fied in § 265.145(d)(5). The adjustment post-closure care of the disposal may be made by recalculating the post- unit(s). closure cost estimate in current dollars (a) Post-closure trust fund. (1) An or by using an inflation factor derived owner or operator may satisfy the re- quirements of this section by estab- from the most recent Implicit Price lishing a post-closure trust fund which Deflator for Gross National Product conforms to the requirements of this published by the U.S. Department of paragraph and submitting an originally Commerce in its Survey of Current Busi- signed duplicate of the trust agreement ness as specified in § 265.145 (b)(1) and to the Regional Administrator. The (2). The inflation factor is the result of trustee must be an entity which has dividing the latest published annual the authority to act as a trustee and Deflator by the Deflator for the pre- whose trust operations are regulated vious year. and examined by a Federal or State (1) The first adjustment is made by agency. multiplying the post-closure cost esti- (2) The wording of the trust agree- mate by the inflation factor. The result ment must be identical to the wording is the adjusted post-closure cost esti- specified in § 264.151(a)(1), and the trust mate. agreement must be accompanied by a (2) Subsequent adjustments are made formal certification of acknowledg- by multiplying the latest adjusted ment (for example, see § 264.151(a)(2)). post-closure cost estimate by the latest Schedule A of the trust agreement inflation factor. must be updated within 60 days after a (c) During the active life of the facil- change in the amount of the current ity, the owner or operator must revise post-closure cost estimate covered by the post-closure cost estimate no later the agreement. than 30 days after a revision to the (3) Payments into the trust fund post-closure plan which increases the must be made annually by the owner or cost of post-closure care. If the owner operator over the 20 years beginning with the effective date of these regula- or operator has an approved post-clo- tions or over the remaining operating sure plan, the post-closure cost esti- life of the facility as estimated in the mate must be revised no later than 30 closure plan, whichever period is short- days after the Regional Administrator er; this period is hereafter referred to has approved the request to modify the as the ‘‘pay-in period.’’ The payments plan, if the change in the post-closure into the post-closure trust fund must plan increases the cost of post-closure be made as follows: care. The revised post-closure cost esti- (i) The first payment must be made mate must be adjusted for inflation as by the effective date of these regula- specified in § 265.144(b). tions, except as provided in paragraph (d) The owner or operator must keep (a)(5) of this section. The first payment the following at the facility during the must be at least equal to the current operating life of the facility: the latest post-closure cost estimate, except as post-closure cost estimate prepared in provided in § 265.145(f), divided by the accordance with § 265.144 (a) and (c) number of years in the pay-in period. and, when this estimate has been ad- (ii) Subsequent payments must be justed in accordance with § 265.144(b), made no later than 30 days after each
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anniversary date of the first payment. specified in this section for all or part The amount of each subsequent pay- of the trust fund, he may submit a ment must be determined by this for- written request to the Regional Admin- mula: istrator for release of the amount in excess of the current post-closure cost CE − CV estimate covered by the trust fund. Next payment = (9) Within 60 days after receiving a Y request from the owner or operator for where CE is the current post-closure cost es- timate, CV is the current value of the release of funds as specified in para- trust fund, and Y is the number of years graph (a) (7) or (8) of this section, the remaining in the pay-in period. Regional Administrator will instruct the trustee to release to the owner or (4) The owner or operator may accel- operator such funds as the Regional erate payments into the trust fund or Administrator specifies in writing. he may deposit the full amount of the (10) During the period of post-closure current post-closure cost estimate at care, the Regional Administrator may the time the fund is established. How- approve a release of funds if the owner ever, he must maintain the value of the or operator demonstrates to the Re- fund at no less than the value that the gional Administrator that the value of fund would have if annual payments the trust fund exceeds the remaining were made as specified in paragraph cost of post-closure care. (a)(3) of this section. (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 (6) After the pay-in period is com- amounts as the Regional Adminis- pleted, whenever the current post-clo- trator specifies in writing, if the Re- sure cost estimate changes during the gional Administrator determines that operating life of the facility, the owner the post-closure expenditures are in ac- or operator must compare the new esti- cordance with the approved post-clo- mate with the trustee’s most recent sure plan or otherwise justified. If the annual valuation of the trust fund. If Regional Administrator does not in- the value of the fund is less than the struct the trustee to make such reim- amount of the new estimate, the owner bursements, he will provide the owner or operator, within 60 days after the or operator with a detailed written change in the cost estimate, must ei- statement of reasons. ther deposit an amount into the fund (12) The Regional Administrator will so that its value after this deposit at agree to termination of the trust when: least equals the amount of the current (i) An owner or operator substitutes post-closure cost estimate, or obtain alternate financial assurance as speci- other financial assurance as specified fied in this section; or in this section to cover the difference. (ii) The Regional Administrator re- (7) During the operating life of the fa- leases the owner or operator from the cility, if the value of the trust fund is requirements of this section in accord- greater than the total amount of the ance with § 265.145(h). current post-closure cost estimate, the (b) Surety bond guaranteeing payment owner or operator may submit a writ- into a post-closure trust fund. (1) An ten request to the Regional Adminis- owner or operator may satisfy the re- trator for release of the amount in quirements of this section by obtaining excess of the current post-closure cost a surety bond which conforms to the estimate. requirements of this paragraph and (8) If an owner or operator sub- submitting the bond to the Regional stitutes other financial assurance as Administrator. The surety company
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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. (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 notice of cancellation by certified mail 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) Fund the standby trust fund in an receipts. amount equal to the penal sum of the (9) The owner or operator may cancel bond before the beginning of final clo- the bond if the Regional Administrator sure of the facility; or has given prior written consent based (ii) Fund the standby trust fund in an on his receipt of evidence of alternate amount equal to the penal sum within financial assurance as specified in this 15 days after an administrative order section. to begin final closure issued by the Re- (c) Post-closure letter of credit. (1) An gional Administrator becomes final, or owner or operator may satisfy the re- within 15 days after an order to begin quirements of this section by obtaining final closure is issued by a U.S. district an irrevocable standby letter of credit court or other court of competent ju- which conforms to the requirements of risdiction; or this paragraph and submitting the let- (iii) Provide alternate financial as- ter to the Regional Administrator. The surance as specified in this section, and issuing institution must be an entity obtain the Regional Administrator’s which has the authority to issue letters written approval of the assurance pro- of credit and whose letter-of-credit op- vided, within 90 days after receipt by erations are regulated and examined by both the owner or operator and the a Federal or State agency.
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(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 show current post-closure cost approve a decrease in the amount of estimates; the letter of credit if the owner or op- (C) Annual valuations as required by erator demonstrates to the Regional the trust agreement; and Administrator that the amount ex- (D) Notices of nonpayment as re- ceeds the remaining cost of post-clo- quired by the trust agreement. sure care. (4) The letter of credit must be ac- (9) Following a final administrative companied by a letter from the owner determination pursuant to section 3008 or operator referring to the letter of of RCRA that the owner or operator credit by number, issuing institution, has failed to perform post-closure care and date, and providing the following in accordance with the approved post- information: The EPA Identification closure plan and other permit require- Number, name, and address of the facil- ments, the Regional Administrator ity, and the amount of funds assured may draw on the letter of credit. for post-closure care of the facility by (10) If the owner or operator does not the letter of credit. establish alternate financial assurance (5) The letter of credit must be irrev- as specified in this section and obtain ocable and issued for a period of at written approval of such alternate as- least 1 year. The letter of credit must surance from the Regional Adminis- provide that the expiration date will be trator within 90 days after receipt by automatically extended for a period of both the owner or operator and the Re- at least 1 year unless, at least 120 days gional Administrator of a notice from before the current expiration date, the the issuing institution that it has de- issuing institution notifies both the cided not to extend the letter of credit owner or operator and the Regional Ad- beyond the current expiration date, the ministrator by certified mail of a deci- Regional Administrator will draw on sion not to extend the expiration date. the letter of credit. The Regional Ad- Under the terms of the letter of credit, ministrator may delay the drawing if the 120 days will begin on the date the issuing institution grants an exten- when both the owner or operator and sion of the term of the credit. During
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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 letter from an insurer stating that the Regional Administrator does not in- insurer is considering issuance of post- struct the insurer to make such reim- closure insurance conforming to the re- bursements, he will provide a detailed quirements of this paragraph to the written statement of reasons. owner or operator. Within 90 days after (6) The owner or operator must main- the effective date of these regulations, tain the policy in full force and effect the owner or operator must submit the until the Regional Administrator con- certificate of insurance to the Regional sents to termination of the policy by Administrator or establish other finan- the owner or operator as specified in cial assurance as specified in this sec- paragraph (d)(11) of this section. Fail- tion. At a minimum, the insurer must ure to pay the premium, without sub- be licensed to transact the business of stitution of alternate financial assur- insurance, or eligible to provide insur- ance as specified in the section, will ance as an excess or surplus lines in- constitute a significant violation of surer, in one or more States. these regulations, warranting such (2) The wording of the certificate of remedy as the Regional Administrator insurance must be identical to the deems necessary. Such violation will wording specified in § 264.151(e). be deemed to begin upon receipt by the (3) The post-closure insurance policy Regional Administrator of a notice of must be issued for a face amount at future cancellation, termination, or least equal to the current post-closure failure to renew due to nonpayment of cost estimate, except as provided in the premium, rather than upon the § 265.145(f). The term ‘‘face amount’’ date of expiration. means the total amount the insurer is (7) Each policy most contain a provi- obligated to pay under the policy. Ac- sion allowing assignment of the policy tual payments by the insurer will not to a successor owner or operator. Such change the face amount, although the assignment may be conditional upon insurer’s future liability will be low- consent of the insurer, provided such ered by the amount of the payments. consent is not unreasonably refused.
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(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 amounts 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 option of renewal at the face amount of 85 percent of the most recent invest- the expiring policy. If there is a failure ment rate or of the equivalent coupon- to pay the premium, the insurer may issue yield announced by the U.S. elect to cancel, terminate, or fail to Treasury for 26-week Treasury renew the policy by sending notice by securities. certified mail to the owner or operator (11) The Regional Administrator will and the Regional Administrator. Can- give written consent to the owner or cellation, termination, or failure to operator that he may terminate the in- renew may not occur, however, during surance policy when: the 120 days beginning with the date of (i) An owner or operator substitutes receipt of the notice by both the Re- alternate financial assurance as speci- gional Administrator and the owner or fied in this section; or operator, as evidenced by the return re- (ii) The Regional Administrator re- ceipts. Cancellation, termination, or leases the owner or operator from the failure to renew may not occur and the requirements of this section in accord- policy will remain in full force and ef- ance with § 265.145(h). fect in the event that on or before the (e) Financial test and corporate guar- date of expiration: antee for post-closure care. (1) An owner (i) The Regional Administrator or operator may satisfy the require- deems the facility abandoned; or ments of this section by demonstrating (ii) Interim status is terminated or that he passes a financial test as speci- revoked; or fied in this paragraph. To pass this test (iii) Closure is ordered by the Re- the owner or operator must meet the gional Administrator or a U.S. district criteria either of paragraph (e)(1)(i) or court or other court of competent ju- (ii) of this section: risdiction; or (i) The owner or operator must have: (iv) The owner or operator is named (A) Two of the following three ratios: as debtor in a voluntary or involuntary a ratio of total liabilities to net worth proceeding under Title 11 (Bank- less than 2.0; a ratio of the sum of net ruptcy), U.S. Code; or income plus depreciation, depletion, (v) The premium due is paid. and amortization to total liabilities (9) Whenever the current post-closure greater than 0.1; and a ratio of current cost estimate increases to an amount assets to current liabilities greater greater than the face amount of the than 1.5; and policy during the operating life of the (B) Net working capital and tangible facility, the owner or operator, within net worth each at least six times the 60 days after the increase, must either sum of the current closure and post- cause the face amount to be increased closure cost estimates and the current to an amount at least equal to the cur- plugging and abandonment cost esti- rent post-closure cost estimate and mates; and submit evidence of such increase to the (C) Tangible net worth of at least $10 Regional Administrator, or obtain million; and other financial assurance as specified (D) Assets in the United States in this section to cover the increase. amounting to at least 90 percent of his Whenever the current post-closure cost total assets or at least six times the estimate decreases during the oper- sum of the current closure and post- ating life of the facility, the face closure cost estimates and the current amount may be reduced to the amount plugging and abandonment cost esti- of the current post-closure cost esti- mates. mate following written approval by the (ii) The owner or operator must have: Regional Administrator. (A) A current rating for his most re- (10) Commencing on the date that li- cent bond issuance of AAA, AA, A, or ability to make payments pursuant to BBB as issued by Standard and Poor’s
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or Aaa, Aa, A, or Baa as issued by submission of the documents specified Moody’s; and in paragraph (e)(3) of this section if the (B) Tangible net worth at least six fiscal year of the owner or operator times the sum of the current closure ends during the 90 days prior to the ef- and post-closure cost estimates and the fective date of these regulations and if current plugging and abandonment the year-end financial statements for cost estimates; and that fiscal year will be audited by an (C) Tangible net worth of at least $10 independent certified public account- million; and ant. The extension will end no later (D) Assets located in the United than 90 days after the end of the own- States amounting to at least 90 percent er’s or operator’s fiscal year. To obtain of his total assets or at least six times the extension, the owner’s or opera- the sum of the current closure and tor’s chief financial officer must send, post-closure cost estimates and the by the effective date of these regula- current plugging and abandonment tions, a letter to the Regional Adminis- cost estimates. trator of each Region in which the (2) The phrase ‘‘current closure and owner’s or operator’s facilities to be post-closure cost estimates’’ as used in covered by the financial test are lo- paragraph (e)(1) of this section refers to cated. This letter from the chief finan- the cost estimates required to be cial officer must: shown in paragraphs 1–4 of the letter (i) Request the extension; from the owner’s or operator’s chief fi- (ii) Certify that he has grounds to be- nancial officer (§ 264.151(f)). The phrase lieve that the owner or operator meets ‘‘current plugging and abandonment the criteria of the financial test; cost estimates’’ as used in paragraph (iii) Specify for each facility to be (e)(1) of this section refers to the cost covered by the test the EPA Identifica- estimates required to be shown in para- tion Number, name, address, and the graphs 1–4 of the letter from the own- current closure and post-closure cost er’s or operator’s chief financial officer estimates to be covered by the test; (§ 144.70(f) of this title). (iv) Specify the date ending the own- (3) To demonstrate that he meets er’s or operator’s latest complete fiscal this test, the owner or operator must year before the effective date of these submit the following items to the Re- regulations; gional Administrator: (v) Specify the date, no later than 90 (i) A letter signed by the owner’s or days after the end of such fiscal year, operator’s chief financial officer and when he will submit the documents worded as specified in § 264.151(f); and specified in paragraph (e)(3) of this sec- (ii) A copy of the independent cer- tion; and tified public accountant’s report on ex- (vi) Certify that the year-end finan- amination of the owner’s or operator’s cial statements of the owner or oper- financial statements for the latest ator for such fiscal year will be audited completed fiscal year; and by an independent certified public (iii) A special report from the owner’s accountant. or operator’s independent certified pub- (5) After the initial submission of lic accountant to the owner or operator items specified in paragraph (e)(3) of stating that: this section, the owner or operator (A) He has compared the data which must send updated information to the the letter from the chief financial offi- Regional Administrator within 90 days cer specifies as having been derived after the close of each succeeding fiscal from the independently audited, year- year. This information must consist of end financial statements for the latest all three items specified in paragraph fiscal year with the amounts in such fi- (e)(3) of this section. nancial statements; and (6) If the owner or operator no longer (B) In connection with that proce- meets the requirements of paragraph dure, no matters came to his attention (e)(1) of this section, he must send no- which caused him to believe that the tice to the Regional Administrator of specified data should be adjusted. intent to establish alternate financial (4) The owner or operator may obtain assurance as specified in this section. an extension of the time allowed for The notice must be sent by certified
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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 of this section by ob- ments. The owner or operator must taining a written guarantee. The guar- provide the alternate financial assur- antor must be the direct or higher-tier ance within 120 days after the end of parent corporation of the owner or op- such fiscal year. erator, 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 owner or operator in addition to those (e)(1) through (9) of this section and specified in paragraph (e)(3) of this sec- must comply with the terms of the tion. If the Regional Administrator guarantee. The wording of the guar- finds, on the basis of such reports or antee must be identical to the wording other information, that the owner or specified in § 264.151(h). A certified copy operator no longer meets the require- of 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 (e)(3) vide alternate financial assurance as of 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 statements (see paragraph (e)(3)(ii) of the owner or operator, this letter must this section). An adverse opinion or a describe this ‘‘substantial business re- disclaimer of opinion will be cause for lationship’’ and the value received in disallowance. The Regional Adminis- consideration of the guarantee. The trator will evaluate other qualifica- terms of the guarantee must provide tions on an individual basis. The owner that: or operator must provide alternate fi- (i) If the owner or operator fails to nancial assurance as specified in this perform post-closure care of a facility section within 30 days after notifica- covered by the corporate guarantee in tion of the disallowance. accordance with the post-closure plan (9) During the period of post-closure and other interim status requirements care, the Regional Administrator may whenever required to do so, the guar- approve a decrease in the current post- antor will do so or establish a trust closure cost estimate for which this fund as specified in § 265.145(a) in the test demonstrates financial assurance name of the owner or operator. if the owner or operator demonstrates (ii) The corporate guarantee will re- to the Regional Administrator that the main in force unless the guarantor amount of the cost estimate exceeds sends notice of cancellation by cer- the remaining cost of post-closure care. tified mail to the owner or operator (10) The owner or operator is no and to the Regional Administrator. longer required to submit the items Cancellation may not occur, however, specified in paragraph (e)(3) of this sec- during the 120 days beginning on the tion when: date of receipt of the notice of can- (i) An owner or operator substitutes cellation by both the owner or operator alternate financial assurance as speci- and the Regional Administrator, as fied in this section; or evidenced by the return receipts. (ii) The Regional Administrator re- (iii) If the owner or operator fails to leases the owner or operator from the provide alternate financial assurance
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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- a qualified Professional Engineer that isfy the requirements of this section by the post-closure care period has been establishing more than one financial completed for a hazardous waste dis- mechanism per facility. These mecha- posal unit in accordance with the ap- nisms are limited to trust funds, surety proved plan, the Regional Adminis- bonds, letters of credit, and insurance. trator will notify the owner or oper- The mechanisms must be as specified ator in writing that he is no longer re- in paragraphs (a) through (d), respec- quired to maintain financial assurance tively, of this section, except that it is for post-closure care of that unit, un- the combination of mechanisms, rather less the Regional Administrator has than the single mechanism, which reason to believe that post-closure care must provide financial assurance for an has 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 shall 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 of credit, he may use the trust fund as post-closure care has not been in ac- the standby trust fund for the other cordance with the approved post-clo- mechanisms. A single standby trust sure plan. fund may be established for two or [47 FR 15064, Apr. 7, 1982, as amended at 51 more mechanisms. The Regional Ad- FR 16457, May 2, 1986; 57 FR 42843, Sept. 16, ministrator may use any or all of the 1992; 71 FR 16909, Apr. 4, 2006; 71 FR 40275, mechanisms to provide for post-closure July 14, 2006] care of the facility. (g) Use of a financial mechanism for § 265.146 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 gional Administrator must include a trust fund, surety bond, letter of cred- list showing, for each facility, the EPA it, insurance, financial test, or cor- Identification Number, name, address, porate guarantee that meets the speci- and the amount of funds for post-clo- fications for the mechanism in both sure care assured by the mechanism. If §§ 265.143 and 265.145. The amount of the facilities covered by the mecha- funds available through the mechanism nism are in more than one Region, must be no less than the sum of funds identical evidence of financial assur- that would be available if a separate ance must be submitted to and main- mechanism had been established and tained with the Regional Administra- maintained for financial assurance of tors of all such Regions. The amount of closure and of post-closure care. funds available through the mechanism must be no less than the sum of funds § 265.147 Liability requirements. that would be available if a separate (a) Coverage for sudden accidental oc- mechanism had been established and currences. An owner or operator of a maintained for each facility. In direct- hazardous waste treatment, storage, or
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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 the wording specified in § 264.151(j). The and shall specify other assurance as owner or operator must submit a ‘‘excess’’ coverage. signed duplicate original of the en- (7) An owner or operator shall notify dorsement or the certificate of insur- the Regional Administrator in writing ance to the Regional Administrator, or within 30 days whenever: Regional Administrator if the facilities (i) A claim results in a reduction in are located in more than one Region. If the amount of financial assurance for requested by a Regional Administrator, liability coverage provided by a finan- the owner or operator must provide a cial instrument authorized in para- signed duplicate original of the insur- graphs (a)(1) through (a)(6) of this sec- ance policy. tion; or (ii) Each insurance policy must be (ii) A Certification of Valid Claim for issued by an insurer which, at a min- bodily injury or property damages imum, is licensed to transact the busi- caused by a sudden or non-sudden acci- ness of insurance, or eligible to provide dental occurrence arising from the op- insurance as an excess or surplus lines eration of a hazardous waste treat- insurer, in one or more States. ment, storage, or disposal facility is (2) An owner or operator may meet entered between the owner or operator the requirements of this section by and third-party claimant for liability passing a financial test or using the coverage under paragraphs (a)(1) guarantee for liability coverage as through (a)(6) of this section; or specified in paragraphs (f) and (g) of (iii) A final court order establishing a this section. judgment for bodily injury or property (3) An owner or operator may meet damage caused by a sudden or non-sud- the requirements of this section by ob- den accidental occurrence arising from taining a letter of credit for liability the operation of a hazardous waste coverage as specified in paragraph (h) treatment, storage, or disposal facility of this section. is issued against the owner or operator (4) An owner or operator may meet or an instrument that is providing fi- the requirements of this section by ob- nancial assurance for liability coverage
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under paragraphs (a)(1) through (a)(6) ministrator, the owner or operator of this section. must provide a signed duplicate origi- (b) Coverage for nonsudden accidental nal of the insurance policy. occurrences. An owner or operator of a (ii) Each insurance policy must be surface impoundment, landfill, or land issued by an insurer which, at a min- treatment facility which is used to imum, is licensed to transact the busi- manage hazardous waste, or a group of ness of insurance, or eligible to provide such facilities, must demonstrate fi- insurance as an excess or surplus lines nancial responsibility for bodily injury insurer, in one or more States. and property damage to third parties (2) An owner or operator may meet caused by nonsudden accidental occur- the requirements of this section by rences arising from operations of the passing a financial test or using the facility or group of facilities. The guarantee for liability coverage as owner or operator must have and main- specified in paragraphs (f) and (g) of tain liability coverage for nonsudden this section. accidental occurrences in the amount (3) An owner or operator may meet of at least $3 million per occurrence the requirements of this section by ob- with an annual aggregate of at least $6 taining a letter of credit for liability million, exclusive of legal defense coverage as specified in paragraph (h) costs. An owner or operator who must of this section. meet the requirements of this section (4) An owner or operator may meet may combine the required per-occur- the requirements of this section by ob- rence coverage levels for sudden and nonsudden accidental occurrences into taining a surety bond for liability cov- a single per-occurrence level, and com- erage as specified in paragraph (i) of bine the required annual aggregate this section. coverage levels for sudden and nonsud- (5) An owner or operator may meet den accidental occurrences into a sin- the requirements of this section by ob- gle annual aggregate level. Owners or taining a trust fund for liability cov- operators who combine coverage levels erage as specified in paragraph (j) of for sudden and nonsudden accidental this section. occurrences must maintain liability (6) An owner or operator may dem- coverage in the amount of at least $4 onstrate the required liability coverage million per occurrence and $8 million through the use of combinations of in- annual aggregate. This liability cov- surance, financial test, guarantee, let- erage may be demonstrated as specified ter of credit, surety bond, and trust in paragraph (b) (1), (2), (3), (4), (5), or fund, except that the owner or operator (6) of this section: may not combine a financial test cov- (1) An owner or operator may dem- ering part of the liability coverage re- onstrate the required liability coverage quirement with a guarantee unless the by having liability insurance as speci- financial statement of the owner or op- fied in this paragraph. erator is not consolidated with the fi- (i) Each insurance policy must be nancial statement of the guarantor. amended by attachment of the Haz- The amounts of coverage demonstrated ardous Waste Facility Liability En- must total at least the minimum dorsement or evidenced by a Certifi- amounts required by this section. If cate of Liability Insurance. The word- the owner or operator demonstrates ing of the endorsement must be iden- the required coverage through the use tical to the wording specified in of a combination of financial assur- § 264.151(i). The wording of the certifi- ances under this paragraph, the owner cate of insurance must be identical to or operator shall specify at least one the wording specified in § 264.151(j). The such assurance as ‘‘primary’’ coverage owner or operator must submit a and shall specify other assurance as signed duplicate original of the en- ‘‘excess’’ coverage. dorsement or the certificate of insur- (7) An owner or operator shall notify ance to the Regional Administrator, or the Regional Administrator in writing Regional Administrators if the facili- within 30 days whenever: ties are located in more than one Re- (i) A claim results in a reduction in gion. If requested by a Regional Ad- the amount of financial assurance for
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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 public 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 operator can demonstrate to the satis- ity or group of facilities. In addition, if faction of the Regional Administrator the Regional Administrator determines that the levels of financial responsi- that there is a significant risk to bility required by paragraph (a) or (b) human health and the environment of this section are not consistent with from nonsudden accidental occurrences the degree and duration of risk associ- resulting from the operations of a fa- ated with treatment, storage, or dis- cility that is not a surface impound- posal at the facility or group of facili- ment, landfill, or land treatment facil- ties, the owner or operator may obtain ity, he may require that an owner or a variance from the Regional Adminis- operator of the facility comply with trator. The request for a variance must paragraph (b) of this section. An owner be submitted in writing to the Re- or operator must furnish to the Re- gional Administrator. If granted, the gional Administrator, within a reason- variance will take the form of an ad- able time, any information which the justed level of required liability cov- Regional Administrator requests to de- erage, such level to be based on the Re- termine whether cause exists for such gional Administrator’s assessment of adjustments of level or type of cov- the degree and duration of risk associ- erage. The Regional Administrator will ated with the ownership or operation of process an adjustment of the level of the facility or group of facilities. The required coverage as if it were a permit Regional Administrator may require modification under § 270.41(a)(5) of this an owner or operator who requests a chapter and subject to the procedures variance to provide such technical and of § 124.5 of this chapter. Notwith- engineering information as is deemed standing any other provision, the Re- necessary by the Regional Adminis- gional Administrator may hold a pub- trator to determine a level of financial lic hearing at his discretion or when- responsibility other than that required ever he finds, on the basis of requests by paragraph (a) or (b) of this section. for a public hearing, a significant de- The Regional Administrator will proc- gree of public interest in a tentative ess a variance request as if it were a decision to adjust the level or type of permit modification request under required coverage. § 270.41(a)(5) of this chapter and subject (e) Period of coverage. Within 60 days to the procedures of § 124.5 of this chap- after receiving certifications from the
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owner or operator and a qualified Pro- (i) A letter signed by the owner’s or fessional Engineer that final closure operator’s chief financial officer and has been completed in accordance with worded as specified in § 264.151(g). If an the approved closure plan, the Regional owner or operator is using the financial Administrator will notify the owner or test to demonstrate both assurance for operator in writing that he is no longer closure or post-closure care, as speci- required by this section to maintain li- fied by §§ 264.143(f), 264.145(f), 265.143(e), ability coverage for that facility, un- and 265.145(e), and liability coverage, less the Regional Administrator has he must submit the letter specified in reason to believe that closure has not § 264.151(g) to cover both forms of finan- been in accordance with the approved cial responsibility; a separate letter as 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- (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 six times the amount of liability cov- which caused him to believe that the erage to be demonstrated by this test. specified data should be adjusted. (ii) The owner or operator must have: (4) The owner or operator may obtain (A) A current rating for his most re- a one-time extension of the time al- cent bond issuance of AAA, AA, A, or lowed for submission of the documents BBB as issued by Standard and Poor’s, specified in paragraph (f)(3) of this sec- or Aaa, Aa, A, or Baa as issued by tion if the fiscal year of the owner or Moody’s; and operator ends during the 90 days prior (B) Tangible net worth of at least $10 to the effective date of these regula- million; and tions and if the year-end financial (C) Tangible net worth at least six statements for that fiscal year will be times the amount of liability coverage audited by an independent certified to be demonstrated by this test; and public accountant. The extension will (D) Assets in the United States end no later than 90 days after the end amounting to either: (1) At least 90 per- of the owner’s or operator’s fiscal year. cent of his total assets; or (2) at least To obtain the extension, the owner’s or six times the amount of liability cov- operator’s chief financial officer must erage to be demonstrated by this test. send, by the effective date of these reg- (2) The phrase ‘‘amount of liability ulations, a letter to the Regional Ad- coverage’’ as used in paragraph (f)(1) of ministrator of each Region in which this section refers to the annual aggre- the owner’s or operator’s facilities to gate amounts for which coverage is re- be covered by the financial test are lo- quired under paragraphs (a) and (b) of cated. This letter from the chief finan- this section. cial officer must: (3) To demonstrate that he meets (i) Request the extension; this test, the owner or operator must (ii) Certify that he has grounds to be- submit the following three items to the lieve that the owner or operator meets Regional Administrator: the criteria of the financial test;
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(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 surance, a letter of credit, a surety business relationship’’ with the owner bond, a trust fund, or a guarantee for or operator, this letter must describe the entire amount of required liability this ‘‘substantial business relation- coverage as specified in this section. ship’’ and the value received in consid- Evidence of liability coverage must be eration of the guarantee. submitted to the Regional Adminis- (i) If the owner or operator fails to trator within 90 days after the end of satisfy a judgment based on a deter- the fiscal year for which the year-end mination of liability for bodily injury financial data show that the owner or or property damage to third parties operator no longer meets the test re- caused by sudden or nonsudden acci- quirements. dental occurrences (or both as the case (7) The Regional Administrator may may be), arising from the operation of disallow use of this test on the basis of facilities covered by this corporate qualifications in the opinion expressed guarantee, or fails to pay an amount by the independent certified public ac- agreed to in settlement of claims aris- countant in his report on examination ing from or alleged to arise from such of the owner’s or operator’s financial injury or damage, the guarantor will statements (see paragraph (f)(3)(ii) of do so up to the limits of coverage. this section). An adverse opinion or a (ii) [Reserved] disclaimer of opinion will be cause for (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 or operator must provide evidence of Attorneys General or Insurance Com- insurance for the entire amount of re- missioners of (A) the State in which quired liability coverage as specified in the guarantor is incorporated, and (B)
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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 act as a trustee and whose trust oper- trust fund to cause its value to equal ations are regulated and examined by a the full amount of liability coverage to Federal or State agency. be provided, or obtain other financial
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assurance as specified in this section to liability coverage in the event of bank- cover the difference. For purposes of ruptcy of the trustee or issuing institu- this paragraph, ‘‘the full amount of the tion, or a suspension or revocation of liability coverage to be provided’’ the authority of the trustee institution means the amount of coverage for sud- to act as trustee or of the institution den and/or nonsudden occurrences re- issuing the surety bond, letter of cred- quired to be provided by the owner or it, or insurance policy to issue such in- operator by this section, less the struments. The owner or operator must amount of financial assurance for establish other financial assurance or liability coverage that is being pro- liability coverage within 60 days after vided by other financial assurance such an event. mechanisms being used to demonstrate financial assurance by the owner or § 265.149 Use of State-required mecha- operator. nisms. (4) The wording of the trust fund 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 § 265.143, § 265.145, licensed to transact the business of in- or § 265.147 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 mechanisms specified in this subpart. The Regional Administrator [47 FR 16558, Apr. 16, 1982, as amended at 47 FR 28627, July 1, 1982; 47 FR 30447, July 13, will evaluate the equivalency of the 1982; 48 FR 30115, June 30, 1983; 51 FR 16458, mechanisms principally in terms of (1) May 2, 1986; 51 FR 25355, July 11, 1986; 52 FR certainty of the availability of funds 44321, Nov. 18, 1987; 53 FR 33959, Sept. 1, 1988; for the required closure or post-closure 56 FR 30200, July 1, 1991; 56 FR 47912, Sept. 23, care activities or liability coverage and 1991; 57 FR 42843, Sept. 16, 1992; 71 FR 16910, (2) the amount of funds that will be Apr. 4, 2006; 71 FR 40275, July 14, 2006] made available. The Regional Adminis- § 265.148 Incapacity of owners or oper- trator may also consider other factors ators, guarantors, or financial insti- as he deems appropriate. The owner or tutions. operator must submit to the Regional (a) An owner or operator must notify Administrator evidence of the estab- the Regional Administrator by cer- lishment of the mechanism together tified mail of the commencement of a with a letter requesting that the State- voluntary or involuntary proceeding required mechanism be considered ac- under Title 11 (Bankruptcy), U.S. Code, ceptable for meeting the requirements naming the owner or operator as debt- of this subpart. The submission must or, within 10 days after commencement include the following information: The of the proceeding. A guarantor of a cor- facility’s EPA Identification Number, porate guarantee as specified in name, and address, and the amount of §§ 265.143(e) and 265.145(e) must make funds for closure or post-closure care such a notification if he is named as or liability coverage assured by the debtor, as required under the terms of mechanism. The Regional Adminis- the corporate guarantee (§ 264.151(h)). trator will notify the owner or oper- (b) An owner or operator who fulfills ator of his determination regarding the the requirements of § 265.143, § 265.145, mechanism’s acceptability in lieu of fi- or § 265.147 by obtaining a trust fund, nancial mechanisms specified in this surety bond, letter of credit, or insur- subpart. The Regional Administrator ance policy will be deemed to be with- may require the owner or operator to out the required financial assurance or submit additional information as is
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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 If a container holding hazardous funds that will be made available. The waste is not in good condition, or if it Regional Administrator may also con- begins to leak, the owner or operator sider other factors as he deems appro- must transfer the hazardous waste priate. The owner or operator must from this container to a container that submit to the Regional Administrator is in good condition, or manage the a letter from the State describing the waste in some other way that complies nature of the State’s assumption of re- with the requirements of this part. sponsibility together with a letter from the owner or operator requesting that § 265.172 Compatibility of waste with the State’s assumption of responsi- container. bility be considered acceptable for The owner or operator must use a meeting the requirements of this sub- container made of or lined with mate- part. The letter from the State must rials which will not react with, and are include, or have attached to it, the fol- otherwise compatible with, the haz- lowing information: The facility’s EPA ardous waste to be stored, so that the Identification Number, name, and ad- ability of the container to contain the dress, and the amount of funds for clo- waste is not impaired.
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§ 265.173 Management of containers. or protected from them by means of a dike, berm, wall, or other device. (a) A container holding hazardous waste must always be closed during [Comment: The purpose of this is to prevent storage, except when it is necessary to fires, explosions, gaseous emissions, leach- add or remove waste. ing, or other discharge of hazardous waste or (b) A container holding hazardous hazardous waste constituents which could waste must not be opened, handled, or result from the mixing of incompatible stored in a manner which may rupture wastes or materials if containers break or the container or cause it to leak. leak.] [Comment: Re-use of containers in transpor- § 265.178 Air emission standards. tation is governed by U.S. Department of The owner or operator shall manage Transportation regulations, including those set forth in 49 CFR 173.28.] all hazardous waste placed in a con- tainer in accordance with the applica- [45 FR 33232, May 19, 1980, as amended at 45 ble requirements of subparts AA, BB, FR 78529, Nov. 25, 1980] and CC of this part. § 265.174 Inspections. [61 FR 59968, Nov. 25, 1996] At least weekly, the owner or oper- ator must inspect areas where con- Subpart J—Tank Systems tainers are stored. The owner or oper- ator must look for leaking containers and for deterioration of containers SOURCE: 51 FR 25479, July 14, 1986, unless otherwise noted. caused by corrosion or other factors. See § 265.171 for remedial action re- § 265.190 Applicability. quired if deterioration or leaks are de- tected. The requirements of this subpart apply to owners and operators of facili- [81 FR 85827, Nov. 28, 2016] ties that use tank systems for storing or treating hazardous waste except as § 265.175 [Reserved] otherwise provided in paragraphs (a), § 265.176 Special requirements for ig- (b), and (c) of this section or in § 265.1 of nitable or reactive waste. this part. Containers holding ignitable or reac- (a) Tank systems that are used to tive waste must be located at least 15 store or treat hazardous waste which meters (50 feet) from the facility’s contains no free liquids and are situ- property line. ated inside a building with an imper- meable floor are exempted from the re- [Comment: See § 265.17(a) for additional re- quirements in § 265.193. To demonstrate quirements.] the absence or presence of free liquids § 265.177 Special requirements for in- in the stored/treated waste, the fol- compatible wastes. lowing test must be used: Method 9095B (Paint Filter Liquids Test) as described (a) Incompatible wastes, or incom- patible wastes and materials, (see ap- in ‘‘Test Methods for Evaluating Solid pendix V for examples) must not be Waste, Physical/Chemical Methods,’’ placed in the same container, unless EPA Publication SW–846, as incor- § 265.17(b) is complied with. porated by reference in § 260.11 of this (b) Hazardous waste must not be 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- ter that addresses cracks, leaks, corro- quirements of this subpart. sion, 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; 70 FR 34585, Guide for Inspection of Refinery Equipment, June 14, 2005] Chapter XIII, ‘‘Atmospheric and Low-Pres- sure Storage Tanks,’’ 4th edition, 1981, may § 265.191 Assessment of existing tank be used, where applicable, as guidelines in system’s integrity. conducting the integrity examination of an (a) For each existing tank system other than non-enterable underground tank that does not have secondary contain- system.] ment meeting the requirements of (c) Tank systems that store or treat § 265.193, the owner or operator must materials that become hazardous determine that the tank system is not wastes subsequent to July 14, 1986 must leaking or is unfit for use. Except as conduct this assessment within 12 provided in paragraph (c) of this sec- months after the date that the waste tion, the owner or operator must ob- becomes a hazardous waste. tain and keep on file at the facility a (d) If, as a result of the assessment written assessment reviewed and cer- conducted in accordance with para- tified by a qualified Professional Engi- graph (a) of this section, a tank system neer in accordance with § 270.11(d) of is found to be leaking or unfit for use, this chapter, that attests to the tank the owner or operator must comply system’s integrity by January 12, 1988. with the requirements of § 265.196. (b) This assessment must determine that the tank system is adequately de- [51 FR 25479, July 14, 1986, as amended at 71 signed and has sufficient structural FR 16910, Apr. 4, 2006] strength and compatibility with the § 265.192 Design and installation of waste(s) to be stored or treated to en- new tank systems or components. sure that it will not collapse, rupture, or fail. At a minimum, this assessment (a) Owners or operators of new tank must consider the following: systems or components must ensure (1) Design standard(s), if available, that the foundation, structural sup- according to which the tank and ancil- port, seams, connections, and pressure lary equipment were constructed; controls (if applicable) are adequately (2) Hazardous characteristics of the designed and that the tank system has waste(s) that have been or will be sufficient structural strength, compat- handled; ibility with the waste(s) to be stored or (3) Existing corrosion protection treated, and corrosion protection so measures; that it will not collapse, rupture, or (4) Documented age of the tank sys- fail. The owner or operator must ob- tem, if available, (otherwise, an esti- tain a written assessment reviewed and mate of the age); and certified by a qualified Professional (5) Results of a leak test, internal in- Engineer in accordance with § 270.11(d) spection, or other tank integrity exam- of this chapter attesting that the sys- ination such that: tem has sufficient structural integrity (i) For non-enterable underground and is acceptable for the storing and tanks, this assessment must consist of treating of hazardous waste. This as- a leak test that is capable of taking sessment must include the following into account the effects of temperature information: variations, tank end deflection, vapor (1) Design standard(s) according to pockets, and high water table effects, which the tank(s) and ancillary equip- (ii) For other than non-enterable un- ment is or will be constructed. derground tanks and for ancillary (2) Hazardous characteristics of the equipment, this assessment must be ei- waste(s) to be handled. ther a leak test, as described above, or (3) For new tank systems or compo- an internal inspection and/or other nents in which the external shell of a tank integrity examination certified metal tank or any external metal com- by a qualified Professional Engineer in ponent of the tank system is or will be accordance with § 270.11(d) of this chap- in contact with the soil or with water,
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a determination by a corrosion expert (b) The owner or operator of a new of: tank system must ensure that proper (i) Factors affecting the potential for handling procedures are adhered to in corrosion, including but not limited to: order to prevent damage to the system (A) Soil moisture content; during installation. Prior to covering, (B) Soil pH; enclosing, or placing a new tank sys- (C) Soil sulfides level; tem or component in use, an inde- (D) Soil resistivity; pendent, qualified installation inspec- (E) Structure to soil potential; tor or a qualified Professional Engi- (F) Influence of nearby underground neer, either of whom is trained and ex- metal structures (e.g., piping); perienced in the proper installation of (G) Stray electric current; and, tank systems, must inspect the system (H) Existing corrosion-protection or component for the presence of any of measures (e.g., coating, cathodic pro- the following items: tection), and (1) Weld breaks; (ii) The type and degree of external (2) Punctures; corrosion protection that are needed to (3) Scrapes of protective coatings; ensure the integrity of the tank system (4) Cracks; during the use of the tank system or (5) Corrosion; component, consisting of one or more (6) Other structural damage or inad- of the following: equate construction or installation. (A) Corrosion-resistant materials of All discrepancies must be remedied be- construction such as special alloys or fore the tank system is covered, en- fiberglass-reinforced plastic; closed, or placed in use. (B) Corrosion-resistant coating (such (c) New tank systems or components as epoxy or fiberglass) with cathodic and piping that are placed underground protection (e.g., impressed current or and that are backfilled must be pro- sacrificial anodes); and vided with a backfill material that is a (C) Electrical isolation devices such noncorrosive, porous, homogeneous as insulating joints and flanges. substance and that is carefully in- NOTE: The practices described in the Na- stalled so that the backfill is placed tional Association of Corrosion Engineers completely around the tank and com- (NACE) standard, ‘‘Recommended Practice pacted to ensure that the tank and pip- (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 American Petroleum Institute (API) Publi- equipment must be tested for tightness cation 1632, ‘‘Cathodic Protection of Under- prior to being covered, enclosed or ground Petroleum Storage Tanks and Piping placed in use. If a tank system is found Systems,’’ may be used, where applicable, as not to be tight, all repairs necessary to guidelines in providing corrosion protection remedy the leak(s) in the system must 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- the load of a full tank; stitute (API) Publication 1615 (November (ii) Tank systems will be anchored to 1979), ‘‘Installation of Underground Petro- prevent flotation or dislodgement leum Storage Systems,’’ or ANSI Standard where the tank system is placed in a B31.3, ‘‘Petroleum Refinery System,’’ may be saturated zone, or is located within a used, where applicable, as guidelines for proper installation of piping systems. seismic fault zone; and (iii) Tank systems will withstand the (f) The owner or operator must pro- effects of frost heave. vide the type and degree of corrosion
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protection necessary, based on the in- containment systems must be at a formation provided under paragraph minimum: (a)(3) of this section, to ensure the in- (1) Constructed of or lined with mate- tegrity of the tank system during use rials that are compatible with the of the tank system. The installation of waste(s) to be placed in the tank sys- a corrosion protection system that is tem and must have sufficient strength field fabricated must be supervised by and thickness to prevent failure due to an independent corrosion expert to en- pressure gradients (including static sure proper installation. head and external hydrological forces), (g) The owner or operator must ob- physical contact with the waste to tain and keep on file at the facility which they are exposed, climatic condi- written statements by those persons tions, the stress of installation, and required to certify the design of the the stress of daily operation (including tank system and supervise the installa- stresses from nearby vehicular traffic); tion of the tank system in accordance (2) Placed on a foundation or base ca- with the requirements of paragraphs pable of providing support to the sec- (b) through (f) of this section to attest ondary containment system and resist- that the tank system was properly de- ance to pressure gradients above and signed and installed and that repairs, below the system and capable of pre- pursuant to paragraphs (b) and (d) of venting failure due to settlement, com- this section were performed. These pression, or uplift; written statements must also include (3) Provided with a leak detection the certification statement as required system that is designed and operated in § 270.11(d) of this chapter. so that it will detect the failure of ei- [51 FR 25479, July 14, 1986; 51 FR 29430, Aug. ther the primary and secondary con- 15, 1986; 71 FR 16910, Apr. 4, 2006] tainment structure or any release of hazardous waste or accumulated liquid § 265.193 Containment and detection in the secondary containment system of releases. within 24 hours, or at the earliest prac- (a) In order to prevent the release of ticable time if the existing detection hazardous waste or hazardous constitu- technology or site conditions will not ents to the environment, secondary allow detection of a release within 24 containment that meets the require- hours; ments of this section must be provided (4) Sloped or otherwise designed or (except as provided in paragraphs (f) operated to drain and remove liquids and (g) of this section): resulting from leaks, spills, or precipi- (1) For all new and existing tank sys- tation. Spilled or leaked waste and ac- tems or components, prior to their cumulated precipitation must be re- being put into service. moved from the secondary contain- (2) For tank systems that store or ment system within 24 hours, or in as treat materials that become hazardous timely a manner as is possible to pre- wastes, within 2 years of the hazardous vent harm to human health or the en- waste listing, or when the tank system vironment, if removal of the released has reached 15 years of age, whichever waste or accumulated precipitation comes later. cannot be accomplished within 24 (b) Secondary containment systems hours. must be: NOTE: If the collected material is a haz- (1) Designed, installed, and operated ardous waste under part 261 of this chapter, to prevent any migration of wastes or it is subject to management as a hazardous accumulated liquid out of the system waste in accordance with all applicable re- to the soil, ground water, or surface quirements of parts 262 through 265 of this water at any time during the use of the chapter. If the collected material is dis- tank system; and charged through a point source to waters of (2) Capable of detecting and col- the United States, it is subject to the re- lecting releases and accumulated liq- quirements of sections 301, 304, and 402 of the Clean Water Act, as amended. If discharged uids until the collected material is re- to Publicly Owned Treatment Works moved. (POTWs), it is subject to the requirements of (c) To meet the requirements of para- section 307 of the Clear Water Act, as amend- graph (b) of this section, secondary ed. If the collected material is released to
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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 § 261.21 of this chapter, or lowing devices: (B) Meets the definition of reactive (1) A liner (external to the tank); waste under § 261.23 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 gration of the waste). Wall Underground Steel Storage Tank’’ may (2) Vault systems must be: be used as guidelines for aspects of the de- (i) Designed or operated to contain sign of underground steel double-walled 100 percent of the capacity of the larg- tanks. est tank within its boundary; (f) Ancillary equipment must be pro- (ii) Designed or operated to prevent vided with full secondary containment run-on or infiltration of precipitation (e.g., trench, jacketing, double-walled into the secondary containment sys- piping) that meets the requirements of tem unless the collection system has paragraphs (b) and (c) of this section sufficient excess capacity to contain except for: run-on or infiltration. Such additional (1) Aboveground piping (exclusive of capacity must be sufficient to contain flanges, joints, valves, and connec- precipitation from a 25-year, 24-hour tions) that are visually inspected for rainfall event; leaks on a daily basis; (iii) Constructed with chemical-re- (2) Welded flanges, welded joints, and sistant water stops in place at all welded connections that are visually joints (if any); inspected for leaks on a daily basis; (iv) Provided with an impermeable (3) Sealless or magnetic coupling interior coating or lining that is com- pumps and sealless valves, that are vis- patible with the stored waste and that ually inspected for leaks on a daily will prevent migration of waste into basis; and the concrete; (4) Pressurized aboveground piping (v) Provided with a means to protect systems with automatic shut-off de- against the formation of and ignition vices (e.g., excess flow check valves,
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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 (iii) The hydrogeologic setting of the water quality standards established for facility, including the thickness of those surface waters, and soils between the tank system and (E) The existing quality of surface 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 § 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 cannot be decontaminated or removed, days from the date of the notice for the or if ground water has been contami- public to review and comment on the nated, the owner or operator must demonstration for a variance. The Re- comply with the requirements of gional Administrator also will hold a § 265.197(b); public hearing, in response to a request (iii) If repairing, replacing, or rein- or at his own discretion, whenever such stalling the tank system, provide sec- a hearing might clarify one or more ondary containment in accordance issues concerning the demonstration with the requirements of paragraphs for a variance. Public notice of the (a) through (f) of this section or re- hearing will be given at least 30 days apply for a variance from secondary prior to the date of the hearing and containment and meet the require- may be given at the same time as no- ments for new tank systems in § 265.192 tice of the opportunity for the public if the tank system is replaced. The to review and comment on the dem- owner or operator must comply with onstration. These two notices may be these requirements even if contami- combined. nated soil can be decontaminated or re- (5) The Regional Administrator will moved, and ground water or surface approve or disapprove the request for a water has not been contaminated. variance within 90 days of receipt of
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the demonstration from the owner or must comply with the requirements of operator and will notify in writing the § 265.196. owner or operator and each person who [51 FR 25479, July 14, 1986; 51 FR 29430, Aug. submitted written comments or re- 15, 1986, as amended at 53 FR 34087, Sept. 2, quested notice of the variance decision. 1988; 71 FR 16910, Apr. 4, 2006; 71 FR 40275, If the demonstration for a variance is July 14, 2006] incomplete or does not include suffi- § 265.194 General operating require- cient information, the 90-day time pe- ments. riod will begin when the Regional Ad- ministrator receives a complete dem- (a) Hazardous wastes or treatment reagents must not be placed in a tank onstration, including all information system if they could cause the tank, its necessary to make a final determina- ancillary equipment, or the secondary tion. If the public comment period in containment system to rupture, leak, paragraph (h)(4) of this section is ex- corrode, or otherwise fail. tended, the 90-day time period will be (b) The owner or operator must use similarly extended. appropriate controls and practices to (i) All tank systems, until such time prevent spills and overflows from tank as secondary containment meeting the or secondary containment systems. requirements of this section is pro- These include at a minimum: vided, must comply with the following: (1) Spill prevention controls (e.g., (1) For non-enterable underground check valves, dry disconnect cou- tanks, a leak test that meets the re- plings); quirements of § 265.191(b)(5) must be (2) Overfill prevention controls (e.g., conducted at least annually; level sensing devices, high level (2) For other than non-enterable un- alarms, automatic feed cutoff, or by- pass to a standby tank); and derground tanks, and for all ancillary (3) Maintenance of sufficient equipment, the owner or operator must freeboard in uncovered tanks to pre- either conduct a leak test as in para- vent overtopping by wave or wind ac- graph (i)(1) of this section or an inter- tion or by precipitation. nal inspection or other tank integrity (c) The owner or operator must com- examination by a qualified Profes- ply with the requirements of § 265.196 if sional Engineer that addresses cracks, a leak or spill occurs in the tank leaks, and corrosion or erosion at least system. annually. The owner or operator must [51 FR 25479, July 14, 1986, as amended at 71 remove the stored waste from the tank, FR 40275, July 14, 2006] if necessary, to allow the condition of all internal tank surfaces to be as- § 265.195 Inspections. sessed. (a) The owner or operator must in- NOTE: The practices described in the Amer- spect, where present, at least once each ican Petroleum Institute (API) Publication operating day, data gathered from Guide for Inspection of Refining Equipment, monitoring and leak detection equip- Chapter XIII, ‘‘Atmospheric and Low Pres- ment (e.g., pressure or temperature sure Storage Tanks,’’ 4th edition, 1981, may gauges, monitoring wells) to ensure be used, when applicable, as guidelines for that the tank system is being operated assessing the overall condition of the tank according to its design. system. NOTE: Section 265.15(c) requires the owner (3) The owner or operator must main- or operator to remedy any deterioration or tain on file at the facility a record of malfunction he finds. Section 265.196 requires the results of the assessments con- the owner or operator to notify the Regional Administrator within 24 hours of confirming ducted in accordance with paragraphs a release. Also, 40 CFR part 302 may require (i)(1) through (i)(3) of this section. the owner or operator to notify the National (4) If a tank system or component is Response Center of a release. found to be leaking or unfit-for-use as (b) Except as noted under the para- a result of the leak test or assessment graph (c) of this section, the owner or in paragraphs (i)(1) through (i)(3) of operator must inspect at least once this section, the owner or operator each operating day:
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(1) Overfill/spill control equipment guidelines in maintaining and inspecting ca- (e.g., waste-feed cutoff systems, bypass thodic protection systems. systems, and drainage systems) to en- (g) The owner or operator must docu- sure that it is in good working order; ment in the operating record of the fa- (2) Above ground portions of the tank cility an inspection of those items in system, if any, to detect corrosion or paragraphs (a) and (b) of this section. releases of waste; and [51 FR 25479, July 14, 1986; 51 FR 29430, Aug. (3) The construction materials and 15, 1986, as amended at 71 FR 16910, Apr. 4, the area immediately surrounding the 2006; 81 FR 85827, Nov. 28, 2016] externally accessible portion of the tank system, including the secondary § 265.196 Response to leaks or spills containment system (e.g., dikes) to de- and disposition of leaking or unfit- tect erosion or signs of releases of haz- for-use tank systems. ardous waste (e.g., wet spots, dead A tank system or secondary contain- vegetation). ment system from which there has (c) Owners or operators of tank sys- been a leak or spill, or which is unfit tems that either use leak detection for use, must be removed from service equipment to alert facility personnel immediately, and the owner or oper- to leaks, or implement established ator must satisfy the following workplace practices to ensure leaks are requirements: promptly identified, must inspect at (a) Cessation of use; prevent flow or ad- least weekly those areas described in dition of wastes. The owner or operator paragraphs (b)(1) through (3) of this must immediately stop the flow of haz- section. Use of the alternate inspection ardous waste into the tank system or schedule must be documented in the fa- secondary containment system and in- cility’s operating record. This docu- spect the system to determine the mentation must include a description cause of the release. of the established workplace practices (b) Removal of waste from tank system at the facility. or secondary containment system. (1) If (d) [Reserved] the release was from the tank system, (e) Ancillary equipment that is not the owner or operator must, within 24 provided with secondary containment, hours after detection of the leak or, if as described in § 265.193(f)(1) through the owner or operator demonstrates (4), must be inspected at least once that that is not possible, at the earliest each operating day. practicable time remove as much of (f) The owner or operator must in- the waste as is necessary to prevent spect cathodic protection systems, if further release of hazardous waste to present, according to, at a minimum, the environment and to allow inspec- the following schedule to ensure that tion and repair of the tank system to they are functioning properly: be performed. (1) The proper operation of the ca- (2) If the release was to a secondary thodic protection system must be con- containment system, all released mate- firmed within six months after initial rials must be removed within 24 hours installation, and annually thereafter; or in as timely a manner as is possible and to prevent harm to human health and (2) All sources of impressed current the environment. must be inspected and/or tested, as ap- (c) Containment of visible releases to propriate, at least bimonthly (i.e., the environment. The owner or operator every other month). must immediately conduct a visual in- spection of the release and, based upon NOTE: The practices described in the Na- that inspection: tional Association of Corrosion Engineers (1) Prevent further migration of the (NACE) standard, ‘‘Recommended Practice leak or spill to soils or surface water; (RP–02–85)—Control of External Corrosion on and Metallic Buried, Partially Buried, or Sub- (2) Remove, and properly dispose of, merged Liquid Storage Systems,’’ and the American Petroleum Institute (API) Publi- any visible contamination of the soil or cation 1632, ‘‘Cathodic Protection of Under- surface water. ground Petroleum Storage Tanks and Piping (d) Notifications, reports. (1) Any re- Systems,’’ may be used, where applicable, as lease to the environment, except as
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provided in paragraph (d)(2) of this sec- the system from which the leak oc- tion, must be reported to the Regional curred with secondary containment Administrator within 24 hours of detec- that satisfies the requirements of tion. If the release has been reported § 265.193 before it can be returned to pursuant to 40 CFR part 302, that re- service, unless the source of the leak is port will satisfy this requirement. an aboveground portion of a tank sys- (2) A leak or spill of hazardous waste tem. If the source is an aboveground that is: component that can be inspected vis- (i) Less than or equal to a quantity of ually, the component must be repaired one (1) pound, and and may be returned to service without (ii) Immediately contained and secondary containment as long as the cleaned-up is exempted from the re- requirements of paragraph (f) of this quirements of this paragraph. section are satisfied. If a component is (3) Within 30 days of detection of a release to the environment, a report replaced to comply with the require- containing the following information ments of this subparagraph, that com- must be submitted to the Regional ponent must satisfy the requirements Administrator: for new tank systems or components in (i) Likely route of migration of the §§ 265.192 and 265.193. Additionally, if a release; leak has occurred in any portion of a (ii) Characteristics of the sur- tank system component that is not rounding soil (soil composition, geol- readily accessible for visual inspection ogy, hydrogeology, climate); (e.g., the bottom of an inground or (iii) Results of any monitoring or onground tank), the entire component sampling conducted in connection with must be provided with secondary con- the release, (if available). If sampling tainment in accordance with § 265.193 or monitoring data relating to the re- prior to being returned to use. lease are not available within 30 days, (f) Certification of major repairs. If the these data must be submitted to the owner/operator has repaired a tank sys- Regional Administrator as soon as tem in accordance with paragraph (e) they become available; of this section, and the repair has been (iv) Proximity to downgradient extensive (e.g., installation of an inter- drinking water, surface water, and pop- nal liner; repair of a ruptured primary ulation areas; and containment or secondary containment (v) Description of response actions vessel), the tank system must not be taken or planned. returned to service unless the owner/ (e) Provision of secondary containment, repair, or closure. (1) Unless the owner operator has obtained a certification or operator satisfies the requirements by a qualified Professional Engineer in of paragraphs (e) (2) through (4) of this accordance with § 270.11(d) that the re- section, the tank system must be paired system is capable of handling closed in accordance with § 265.197. hazardous wastes without release for (2) If the cause of the release was a the intended life of the system. This spill that has not damaged the integ- certification is to be placed in the op- rity of the system, the owner/operator erating record and maintained until may return the system to service as closure of the facility. soon as the released waste is removed NOTE: The Regional Administrator may, on and repairs, if necessary, are made. the basis of any information received that (3) If the cause of the release was a there is or has been a release of hazardous leak from the primary tank system waste or hazardous constituents into the en- into the secondary containment sys- vironment, issue an order under RCRA sec- tem, the system must be repaired prior tion 3004(v), 3008(h), or 7003(a) requiring cor- to returning the tank system to serv- rective action or such other response as ice. deemed necessary to protect human health (4) If the source of the release was a or the environment. leak to the environment from a compo- NOTE: See § 265.15(c) for the requirements nent of a tank system without sec- necessary to remedy a failure. Also, 40 CFR ondary containment, the owner/oper- Part 302 requires the owner or operator to ator must provide the component of
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notify the National Response Center of a re- flect the costs of complying with the lease of any ‘‘reportable quantity.’’ contingent closure plan and the contin- [51 FR 25479, July 14, 1986, as amended at 53 gent post-closure plan, if these costs FR 34087, Sept. 2, 1988; 71 FR 16911, Apr. 4, are greater than the costs of complying 2006] with the closure plan prepared for the expected closure under paragraph (a) of § 265.197 Closure and post-closure this section. care. (4) Financial assurance must be based (a) At closure of a tank system, the on the cost estimates in paragraph owner or operator must remove or de- (c)(3) of this section. contaminate all waste residues, con- (5) For the purposes of the contingent taminated containment system compo- closure and post-closure plans, such a nents (liners, etc.), contaminated soils, tank system is considered to be a land- and structures and equipment contami- fill, and the contingent plans must nated with waste, and manage them as meet all of the closure, post-closure, hazardous waste, unless § 261.3(d) of and financial responsibility require- this Chapter applies. The closure plan, ments for landfills under subparts G closure activities, cost estimates for and H of this part. closure, and financial responsibility for [51 FR 25479, July 14, 1986, as amended at 71 tank systems must meet all of the re- FR 40275, July 14, 2006] quirements specified in subparts G and H of this part. § 265.198 Special requirements for ig- (b) If the owner or operator dem- nitable or reactive wastes. onstrates that not all contaminated (a) Ignitable or reactive waste must soils can be practicably removed or de- not be placed in a tank system, unless: contaminated as required in paragraph (1) The waste is treated, rendered, or (a) of this section, then the owner or mixed before or immediately after operator must close the tank system placement in the tank system so that: and perform post-closure care in ac- (i) The resulting waste, mixture, or cordance with the closure and post-clo- dissolved material no longer meets the sure care requirements that apply to definition of ignitable or reactive landfills (§ 265.310). In addition, for the waste under §§ 261.21 or 261.23 of this purposes of closure, post-closure, and chapter; and financial responsibility, such a tank (ii) Section 265.17(b) is complied with; system is then considered to be a land- or fill, and the owner or operator must (2) The waste is stored or treated in meet all of the requirements for land- such a way that it is protected from fills specified in subparts G and H of any material or conditions that may this part. cause the waste to ignite or react; or (c) If an owner or operator has a tank (3) The tank system is used solely for system which does not have secondary emergencies. containment that meets the require- (b) The owner or operator of a facil- ments of § 265.193(b) through (f) and ity where ignitable or reactive waste is which is not exempt from the sec- stored or treated in tanks must comply ondary containment requirements in with the requirements for the mainte- accordance with § 265.193(g), then, nance of protective distances between (1) The closure plan for the tank sys- the waste management area and any tem must include both a plan for com- public ways, streets, alleys, or an ad- plying with paragraph (a) of this sec- joining property line that can be built tion and a contingent plan for com- upon as required in Tables 2–1 through plying with paragraph (b) of this sec- 2–6 of the National Fire Protection As- tion. sociation’s ‘‘Flammable and Combus- (2) A contingent post-closure plan for tible Liquids Code,’’ (1977 or 1981), (in- complying with paragraph (b) of this corporated by reference, see § 260.11). section must be prepared and sub- mitted as part of the permit applica- § 265.199 Special requirements for in- tion. compatible wastes. (3) The cost estimates calculated for (a) Incompatible wastes, or incom- closure and post-closure care must re- patible waste and materials, must not
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be placed in the same tank system, un- § 265.221 Design and operating re- less § 265.17(b) is complied with. quirements. (b) Hazardous waste must not be (a) The owner or operator of each placed in a tank system that has not new surface impoundment unit, each been decontaminated and that pre- lateral expansion of a surface impound- viously held an incompatible waste or ment unit, and each replacement of an material, unless § 265.17(b) is complied existing surface impoundment unit with. must install two or more liners, and a leachate collection and removal sys- § 265.200 Waste analysis and trial tests. tem between the liners, and operate In addition to performing the waste the leachate collection and removal analysis required by § 265.13, the owner system, in accordance with § 264.221(c), or operator must, whenever a tank sys- unless exempted under § 264.221(d), (e), tem is to be used to treat chemically or or (f) of this Chapter. to store a hazardous waste that is sub- (b) The owner or operator of each stantially different from waste pre- unit referred to in paragraph (a) of this viously treated or stored in that tank section must notify the Regional Ad- system; or treat chemically a haz- ministrator at least sixty days prior to ardous waste with a substantially dif- receiving waste. The owner or operator ferent process than any previously used of each facility submitting notice must in that tank system: file a part B application within six months of the receipt of such notice. (a) Conduct waste analyses and trial (c) The owner or operator of any re- treatment or storage tests (e.g., bench- placement surface impoundment unit scale or pilot-plant scale tests); or is exempt from paragraph (a) of this (b) Obtain written, documented infor- section if: mation on similar waste under similar (1) The existing unit was constructed operating conditions to show that the in compliance with the design stand- proposed treatment or storage will ards of § 3004(o)(1)(A)(i) and (o)(5) of the meet the requirements of § 265.194(a). Resource Conservation and Recovery NOTE: Section 265.13 requires the waste Act; and analysis plan to include analyses needed to (2) There is no reason to believe that comply with §§ 265.198 and 265.199. Section the liner is not functioning as 265.73 requires the owner or operator to place designed. the results from each waste analysis and (d) The double liner requirement set trial test, or the documented information, in forth in paragraph (a) of this section the operating record of the facility. may be waived by the Regional Admin- istrator for any monofill, if: § 265.201 [Reserved] (1) The monofill contains only haz- § 265.202 Air emission standards. ardous wastes from foundry furnace emission controls or metal casting The owner or operator shall manage molding sand, and such wastes do not all hazardous waste placed in a tank in contain constituents which would accordance with the applicable require- render the wastes hazardous for rea- ments of subparts AA, BB, and CC of sons other than the Toxicity Char- this part. acteristic in § 261.24 of this chapter, [61 FR 59968, Nov. 25, 1996] with EPA Hazardous Waste Numbers D004 through D017; and (2)(i)(A) The monofill has at least one Subpart K—Surface liner for which there is no evidence Impoundments that such liner is leaking. For the pur- poses of this paragraph the term § 265.220 Applicability. ‘‘liner’’ means a liner designed, con- The regulations in this subpart apply structed, installed, and operated to to owners and operators of facilities prevent hazardous waste from passing that use surface impoundments to into the liner at any time during the treat, store, or dispose of hazardous active life of the facility, or a liner de- waste, except as § 265.1 provides other- signed, constructed, installed, and op- wise. erated to prevent hazardous waste from
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migrating beyond the liner to adjacent stalled pursuant to the requirements of subsurface soil, ground water, or sur- paragraph (a) of this section is leaking. face water at any time during the ac- (f) A surface impoundment must tive life of the facility. In the case of maintain enough freeboard to prevent any surface impoundment which has any overtopping of the dike by over- been exempted from the requirements filling, wave action, or a storm. Except of paragraph (a) of this section on the as provided in paragraph (b) of this sec- basis of a liner designed, constructed, tion, there must be at least 60 centi- installed, and operated to prevent haz- meters (two feet) of freeboard. ardous waste from passing beyond the (g) A freeboard level less than 60 cen- liner, at the closure of such impound- timeters (two feet) may be maintained ment the owner or operator must re- if the owner or operator obtains certifi- move or decontaminate all waste resi- cation by a qualified engineer that al- dues, all contaminated liner material, ternate design features or operating and contaminated soil to the extent plans will, to the best of his knowledge practicable. If all contaminated soil is and opinion, prevent overtopping of the not removed or decontaminated, the dike. The certification, along with a owner or operator of such impound- written identification of alternate de- ment must comply with appropriate sign features or operating plans pre- post-closure requirements, including venting overtopping, must be main- but not limited to ground-water moni- tained at the facility. toring and corrective action; (h) Surface impoundments that are (B) The monofill is located more than newly subject to RCRA section one-quarter mile from an ‘‘under- 3005(j)(1) due to the promulgation of ad- ground source of drinking water’’ (as ditional listings or characteristics for that term is defined in 40 CFR 270.2); the identification of hazardous waste and must be in compliance with paragraphs (C) The monofill is in compliance (a), (c) and (d) of this section not later with generally applicable ground-water than 48 months after the promulgation monitoring requirements for facilities of the additional listing or char- with permits under RCRA section acteristic. This compliance period shall 3005(c); or not be cut short as the result of the (ii) The owner or operator dem- promulgation of land disposal prohibi- onstrates that the monofill is located, tions under part 268 of this chapter or designed and operated so as to assure the granting of an extension to the ef- that there will be no migration of any fective date of a prohibition pursuant hazardous constituent into ground to § 268.5 of this chapter, within this 48- water or surface water at any future month period. time. [50 FR 16048, Apr. 23, 1985. Redesignated at 57 (e) In the case of any unit in which FR 3492, Jan. 29, 1992. 50 FR 28749, July 15, the liner and leachate collection sys- 1985, as amended at 55 FR 11876, Mar. 29, 1990; tem has been installed pursuant to the 57 FR 3492, Jan. 29, 1992; 57 FR 37267, Aug. 18, requirements of paragraph (a) of this 1992; 71 FR 16911, Apr. 4, 2006; 71 FR 40275, section and in good faith compliance July 14, 2006] 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, when issuing the first permit to such the Regional Administrator will: Es- facility, except that the Regional Ad- tablish an action leakage rate, either ministrator will not be precluded from as proposed by the owner or operator requiring installation of a new liner or modified using the criteria in this when the Regional Administrator has section; or extend the review period for reason to believe that any liner in- up to 30 days. If no action is taken by
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the Regional Administrator before the sponse action plan. The response action original 60 or extended 90 day review plan must set forth the actions to be periods, the action leakage rate will be taken if the action leakage rate has approved as proposed by the owner or been exceeded. At a minimum, the re- operator. sponse action plan must describe the (b) The Regional Administrator shall actions specified in paragraph (b) of approve an action leakage rate for sur- this section. face impoundment units subject to (b) If the flow rate into the leak de- § 265.221(a). The action leakage rate is tection system exceeds the action leak- the maximum design flow rate that the age rate for any sump, the owner or op- leak detection system (LDS) can re- erator must: move without the fluid head on the (1) Notify the Regional Adminis- bottom liner exceeding 1 foot. The ac- trator in writing of the exceedance tion leakage rate must include an ade- within 7 days of the determination; quate safety margin to allow for uncer- (2) Submit a preliminary written as- tainties in the design (e.g., slope, hy- sessment to the Regional Adminis- draulic conductivity, thickness of trator within 14 days of the determina- drainage material), construction, oper- tion, as to the amount of liquids, likely ation, and location of the LDS, waste sources of liquids, possible location, and leachate characteristics, likeli- size, and cause of any leaks, and short- hood and amounts of other sources of term actions taken and planned; liquids in the LDS, and proposed re- (3) Determine to the extent prac- sponse actions (e.g., the action leakage ticable the location, size, and cause of rate must consider decreases in the any leak; flow capacity of the system over time (4) Determine whether waste receipt resulting from siltation and clogging, should cease or be curtailed, whether rib layover and creep of synthetic com- any waste should be removed from the ponents of the system, overburden unit for inspection, repairs, or con- pressures, etc.). trols, and whether or not the unit (c) To determine if the action leak- should be closed; age rate has been exceeded, the owner (5) Determine any other short-term or operator must convert the weekly or and longer-term actions to be taken to monthly flow rate from the monitoring mitigate or stop any leaks; and data obtained under § 265.226(b), to an (6) Within 30 days after the notifica- average daily flow rate (gallons per tion that the action leakage rate has acre per day) for each sump. Unless the been exceeded, submit to the Regional Regional Administrator approves a dif- Administrator the results of the anal- ferent calculation, the average daily yses specified in paragraphs (b)(3), (4), flow rate for each sump must be cal- and (5) of this section, the results of ac- culated weekly during the active life tions taken, and actions planned. and closure period, and if the unit Monthly thereafter, as long as the flow closes in accordance with § 265.228(a)(2), rate in the leak detection system ex- monthly during the post-closure care ceeds the action leakage rate, the period when monthly monitoring is re- owner or operator must submit to the quired under § 265.226(b). Regional Administrator a report sum- [57 FR 3492, Jan. 29, 1992] marizing the results of any remedial actions taken and actions planned. § 265.223 Containment system. (c) To make the leak and/or remedi- All earthen dikes must have a protec- ation determinations in paragraphs tive cover, such as grass, shale, or (b)(3), (4), and (5) of this section, the rock, to minimize wind and water ero- owner or operator must: sion and to preserve their structural (1)(i) Assess the source of liquids and integrity. amounts of liquids by source, (ii) Conduct a fingerprint, hazardous § 265.224 Response actions. constituent, or other analyses of the (a) The owner or operator of surface liquids in the leak detection system to impoundment units subject to identify the source of liquids and pos- § 265.221(a) must develop and keep on sible location of any leaks, and the site until closure of the facility a re- hazard and mobility of the liquid; and
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(iii) Assess the seriousness of any (2) After the final cover is installed, leaks in terms of potential for escaping the amount of liquids removed from into the environment; or each leak detection system sump must (2) Document why such assessments be recorded at least monthly. If the liq- are not needed. uid level in the sump stays below the pump operating level for two consecu- [57 FR 3492, Jan. 29, 1992. Redesignated and amended at 71 FR 16911, Apr. 4, 2006; 71 FR tive months, the amount of liquids in 40275, July 14, 2006] the sumps must be recorded at least quarterly. If the liquid level in the § 265.225 Waste analysis and trial tests. sump stays below the pump operating 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 ment will comply with § 265.17(b). be 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 any leaks, deterioration, or failures in as hazardous waste unless § 261.3(d) of the impoundment. this chapter applies; or (b)(1) An owner or operator required (2) Close the impoundment and pro- to have a leak detection system under vide post-closure care for a landfill § 265.221(a) must record the amount of under subpart G and § 265.310, including liquids removed from each leak detec- the following: tion system sump at least once each (i) Eliminate free liquids by remov- week during the active life and closure ing liquid wastes or solidifying the re- period. maining wastes and waste residues;
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(ii) Stabilize remaining wastes to a (a) The waste is treated, rendered, or bearing capacity sufficient to support mixed before or immediately after the final cover; and placement in the impoundment so that: (iii) Cover the surface impoundment (1) The resulting waste, mixture, or with a final cover designed and con- dissolution of material no longer meets structed to: the definition of ignitable or reactive (A) Provide long-term minimization waste under § 261.21 or § 261.23 of this of the migration of liquids through the chapter; and closed impoundment; (2) Section 265.17(b) is complied with; (B) Function with minimum mainte- or (b)(1) The waste is managed in such a nance; way that it is protected from any ma- (C) Promote drainage and minimize terial or conditions which may cause it erosion or abrasion of the cover; to ignite or react; and (D) Accommodate settling and sub- (2) The owner or operator obtains a sidence so that the cover’s integrity is certification from a qualified chemist maintained; and or engineer that, to the best of his (E) Have a permeability less than or knowledge and opinion, the design fea- equal to the permeability of any bot- tures or operating plans of the facility tom liner system or natural subsoils will prevent ignition or reaction; and present. (3) The certification and the basis for (b) In addition to the requirements of it are maintained at the facility; or subpart G, and § 265.310, during the (c) The surface impoundment is used post-closure care period, the owner or solely for emergencies. operator of a surface impoundment in [50 FR 16048, Apr. 23, 1985, as amended at 55 which wastes, waste residues, or con- FR 22685, June 1, 1990; 71 FR 40275, July 14, taminated materials remain after clo- 2006] sure in accordance with the provisions of paragraph (a)(2) of this section must: § 265.230 Special requirements for in- (1) Maintain the integrity and effec- compatible wastes. tiveness of the final cover, including Incompatible wastes, or incompatible making repairs to the cover as nec- wastes and materials, (see appendix V essary to correct the effects of settling, for examples) must not be placed in the subsidence, erosion, or other events; same surface impoundment, unless (2) Maintain and monitor the leak de- § 265.17(b) is complied with. tection system in accordance with §§ 264.221(c)(2)(iv) and (3) of this chapter § 265.231 Air emission standards. and 265.226(b) and comply with all The owner or operator shall manage other applicable leak detection system all hazardous waste placed in a surface requirements of this part; impoundment in accordance with the (3) Maintain and monitor the ground- applicable requirements of subparts BB water monitoring system and comply and CC of this part. with all other applicable requirements [61 FR 59968, Nov. 25, 1996] of subpart F of this part; and (4) Prevent run-on and run-off from Subpart L—Waste Piles eroding or otherwise damaging the final cover. § 265.250 Applicability. [52 FR 8708, Mar. 19, 1987, as amended at 57 The regulations in this subpart apply FR 3493, Jan. 29, 1992; 71 FR 40275, July 14, to owners and operators of facilities 2006] that treat or store hazardous waste in piles, except as § 265.1 provides other- § 265.229 Special requirements for ig- wise. Alternatively, a pile of hazardous nitable or reactive waste. waste may be managed as a landfill Ignitable or reactive waste must not under subpart N. be placed in a surface impoundment, unless the waste and impoundment sat- § 265.251 Protection from wind. isfy all applicable requirements of 40 The owner or operator of a pile con- CFR part 268, and: taining hazardous waste which could be
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subject to dispersal by wind must cover (2) No liquids or wastes containing or otherwise manage the pile so that free liquids may be placed in the pile. wind dispersal is controlled. [Comment: If collected leachate or run-off is § 265.252 Waste analysis. discharged through a point source to waters of the United States, it is subject to the re- In addition to the waste analyses 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 FR 32367, July 26, 1982] ment before adding the waste to any 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 analysis plan must include analyses needed and operate the leachate collection and to comply with §§ 265.256 and 265.257. As re- removal systems, in accordance with 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 (b) [Reserved] of § 265.221(b). ‘‘Construction com- 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 with the waste under the conditions of (a) The owner or operator of waste treatment or storage; pile units subject to § 265.254 must sub- (2) The owner or operator must de- mit a proposed action leakage rate to sign, construct, operate, and maintain the Regional Administrator when sub- a run-on control system capable of pre- mitting the notice required under venting flow onto the active portion of § 265.254. Within 60 days of receipt of the pile during peak discharge from at the notification, the Regional Adminis- least a 25-year storm; trator will: Establish an action leakage (3) The owner or operator must de- rate, either as proposed by the owner sign, construct, operate, and maintain or operator or modified using the cri- a run-off management system to col- teria in this section; or extend the re- lect and control at least the water vol- view period for up to 30 days. If no ac- ume resulting from a 24-hour, 25-year tion is taken by the Regional Adminis- storm; and trator before the original 60 or ex- (4) Collection and holding facilities tended 90 day review periods, the ac- (e.g., tanks or basins) associated with tion leakage rate will be approved as run-on and run-off control systems proposed by the owner or operator. must be emptied or otherwise managed (b) The Regional Administrator shall expeditiously to maintain design ca- approve an action leakage rate for pacity of the system; or waste pile units subject to § 265.254. The (b)(1) The pile must be protected action leakage rate is the maximum from precipitation and run-on by some design flow rate that the leak detec- other means; and tion system (LDS) can remove without
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the fluid head on the bottom liner ex- (b) A pile of hazardous waste that is ceeding 1 foot. The action leakage rate incompatible with any waste or other must include an adequate safety mar- material stored nearby in other con- gin to allow for uncertainties in the de- tainers, piles, open tanks, or surface sign (e.g., slope, hydraulic conduc- impoundments must be separated from tivity, thickness of drainage material), the other materials, or protected from construction, operation, and location them by means of a dike, berm, wall, or of the LDS, waste and leachate charac- other device. teristics, likelihood and amounts of other sources of liquids in the LDS, [Comment: The purpose of this is to prevent and proposed response actions (e.g., the fires, explosions, gaseous emissions, leach- action leakage rate must consider de- ing, or other discharge of hazardous waste or hazardous waste constituents which could creases in the flow capacity of the sys- result from the contact or mixing of incom- tem over time resulting from siltation patible wastes or materials.] and clogging, rib layover and creep of synthetic components of the system, (c) Hazardous waste must not be overburden pressures, etc.). piled on the same area where incom- (c) To determine if the action leak- patible wastes or materials were pre- age rate has been exceeded, the owner viously piled, unless that area has been or operator must convert the weekly decontaminated sufficiently to ensure flow rate from the monitoring data ob- compliance with § 265.17(b). tained under § 265.260, to an average daily flow rate (gallons per acre per § 265.258 Closure and post-closure day) for each sump. Unless the Re- care. gional Administrator approves a dif- (a) At closure, the owner or operator ferent calculation, the average daily must remove or decontaminate all flow rate for each sump must be cal- waste residues, contaminated contain- culated weekly during the active life ment system components (liners, etc.), and closure period. contaminated subsoils, and structures [57 FR 3493, Jan. 29, 1992, as amended at 71 and equipment contaminated with FR 40275, July 14, 2006] waste and leachate, and manage them as hazardous waste unless § 261.3(d) of § 265.256 Special requirements for ig- this chapter applies; or nitable or reactive waste. (b) If, after removing or decontami- (a) Ignitable or reactive waste must nating all residues and making all rea- not be placed in a pile unless the waste sonable efforts to effect removal or de- and pile satisfy all applicable require- contamination of contaminated compo- ments of 40 CFR part 268, and: nents, subsoils, structures, and equip- (1) Addition of the waste to an exist- ment as required in paragraph (a) of ing pile (i) results in the waste or mix- this section, the owner or operator ture no longer meeting the definition finds that not all contaminated sub- of ignitable or reactive waste under soils can be practicably removed or de- § 261.21 or § 261.23 of this chapter, and contaminated, he must close the facil- (ii) complies with § 265.17(b); or ity and perform post-closure care in ac- (2) The waste is managed in such a cordance with the closure and post-clo- way that it is protected from any ma- sure requirements that apply to land- terial or conditions which may cause it fills (§ 265.310). to ignite or react. (b) [Reserved] [47 FR 32368, July 26, 1982]
[45 FR 33232, May 19, 1980, as amended at 55 § 265.259 Response actions. FR 22685, June 1, 1990] (a) The owner or operator of waste § 265.257 Special requirements for in- pile units subject to § 265.254 must de- compatible wastes. velop and keep on-site until closure of (a) Incompatible wastes, or incom- the facility a response action plan. The patible wastes and materials, (see ap- response action plan must set forth the pendix V for examples) must not be actions to be taken if the action leak- placed in the same pile, unless age rate has been exceeded. At a min- § 265.17(b) is complied with. imum, the response action plan must
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describe the actions specified in para- (2) Document why such assessments graph (b) of this section. are not needed. (b) If the flow rate into the leak de- [57 FR 3494, Jan. 29, 1992, as amended at 71 termination system exceeds the action FR 16911, Apr. 4, 2006; 71 FR 40275, July 14, leakage rate for any sump, the owner 2006] or operator must: (1) Notify the Regional Adminis- § 265.260 Monitoring and inspection. trator in writing of the exceedance An owner or operator required to within 7 days of the determination; have a leak detection system under (2) Submit a preliminary written as- § 265.254 must record the amount of liq- sessment to the Regional Adminis- uids removed from each leak detection trator within 14 days of the determina- system sump at least once each week tion, as to the amount of liquids, likely during the active life and closure sources of liquids, possible location, period. size, and cause of any leaks, and short- term actions taken and planned; [57 FR 3494, Jan. 29, 1992] (3) Determine to the extent prac- ticable the location, size, and cause of Subpart M—Land Treatment any leak; (4) Determine whether waste receipts § 265.270 Applicability. should cease or be curtailed, whether The regulations in this subpart apply any waste should be removed from the to owners and operators of hazardous unit for inspection, repairs, or con- waste land treatment facilities, except trols, and whether or not the unit as § 265.1 provides otherwise. should be closed; (5) Determine any other short-term § 265.271 [Reserved] and longer-term actions to be taken to mitigate or stop any leaks; and § 265.272 General operating require- (6) Within 30 days after the notifica- ments. tion that the action leakage rate has (a) Hazardous waste must not be been exceeded, submit to the Regional placed in or on a land treatment facil- Administrator the results of the anal- ity unless the waste can be made less yses specified in paragraphs (b)(3), (4), hazardous or nonhazardous by degrada- and (5) of this section, the results of ac- tion, transformation, or immobiliza- tions taken, and actions planned. tion processes occurring in or on the Monthly thereafter, as long as the flow soil. rate in the leak detection system ex- (b) The owner or operator must de- ceeds the action leakage rate, the sign, construct, operate, and maintain owner or operator must submit to the a run-on control system capable of pre- Regional Administrator a report sum- venting flow onto the active portions marizing the results of any remedial of the facility during peak discharge actions taken and actions planned. from at least a 25-year storm. (c) To make the leak and/or remedi- (c) The owner or operator must de- ation determinations in paragraphs sign, construct, operate, and maintain (b)(3), (4), and (5) of this section, the a run-off management system capable owner or operator must: of collecting and controlling a water (1)(i) Assess the source of liquids and volume at least equivalent to a 24- amounts of liquids by source, hour, 25-year storm. (ii) Conduct a fingerprint, hazardous (d) Collection and holding facilities constituent, or other analyses of the liquids in the leak detection system to (e.g., tanks or basins) associated with identify the source of liquids and pos- run-on and run-off control systems sible location of any leaks, and the must be emptied or otherwise managed hazard and mobility of the liquid; and expeditiously after storms to maintain (iii) Assess the seriousness of any design capacity of the system. leaks in terms of potential for escaping into the environment; or
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(e) If the treatment zone contains ers or operators of such land treatment fa- particulate matter which may be sub- cilities who propose to grow food chain crops ject to wind dispersal, the owner or op- after the effective date of this part must erator must manage the unit to control comply with § 122.72(c) of this chapter.] wind dispersal. (b)(1) Food chain crops must not be [45 FR 33232, May 19, 1980, as amended at 47 grown on the treated area of a haz- FR 32368, July 26, 1982; 50 FR 16048, Apr. 23, ardous waste land treatment facility 1985] unless the owner or operator can dem- onstrate, based on field testing, that § 265.273 Waste analysis. any arsenic, lead, mercury, or other In addition to the waste analyses re- constituents identified under quired by § 265.13, before placing a haz- § 265.273(b): ardous waste in or on a land treatment (i) Will not be transferred to the food facility, the owner or operator must: portion of the crop by plant uptake or (a) Determine the concentrations in direct contact, and will not otherwise the waste of any substances which be ingested by food chain animals (e.g., equal or exceed the maximum con- by grazing); or centrations contained in Table 1 of (ii) Will not occur in greater con- § 261.24 of this chapter that cause a centrations in the crops grown on the waste to exhibit the Toxicity land treatment facility than in the Characteristic; same crops grown on untreated soils (b) For any waste listed in part 261, under similar conditions in the same subpart D, of this chapter, determine the concentrations of any substances region. which caused the waste to be listed as (2) The information necessary to a hazardous waste; and make the demonstration required by (c) If food chain crops are grown, de- paragraph (b)(1) of this section must be termine the concentrations in the kept at the facility and must, at a waste of each of the following constitu- minimum: ents: arsenic, cadmium, lead, and mer- (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 soil characteristics, sample selection [Comment: Part 261 of this chapter specifies 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- tion, in the operating record of the facility.] unless all requirements of paragraphs (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. §§ 265.274–265.275 [Reserved] (1)(i) The pH of the waste and soil mixture is 6.5 or greater at the time of § 265.276 Food chain crops. each waste application, except for (a) An owner or operator of a haz- waste containing cadmium at con- ardous waste land treatment facility centrations of 2 mg/kg (dry weight) or on which food chain crops are being less; grown, or have been grown and will be (ii) The annual application of cad- grown in the future, must notify the mium from waste does not exceed 0.5 Regional Administrator within 60 days kilograms per hectare (kg/ha) on land after the effective date of this part. used for production of tobacco, leafy [Comment: The growth of food chain crops at vegetables, or root crops grown for a facility which has never before been used human consumption. For other food for this purpose is a significant change in chain crops, the annual cadmium appli- process under § 122.72(c) of this chapter. Own- cation rate does not exceed:
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Annual Cd cept in compliance with paragraph application (c)(2) of this section. Time period rate (kg/ 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 land treatment facility, he must place the Beginning January 1, 1987 ...... 0.5 information developed in this section in the operating record of the facility.] (iii) The cumulative application of [45 FR 33232, May 19, 1980, as amended at 47 cadmium from waste does not exceed FR 32368, July 26, 1982; 48 FR 14295, Apr. 1, the levels in either paragraph 1983] (c)(1)(iii)(A) or (B) of this section. (A) § 265.277 [Reserved]
Maximum cumulative § 265.278 Unsaturated zone (zone of application (kg/ha) aeration) monitoring. Soil caption exchange capacity Back- Back- (meq/100g) ground soil ground soil (a) The owner or operator must have pH less pH greater in writing, and must implement, an un- than 6.5 than 6.5 saturated zone monitoring plan which Less than 5 ...... 5 5 is designed to: 5 to 15 ...... 5 10 (1) Detect the vertical migration of Greater than 15 ...... 5 20 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 must be conducted before or in con- Maximum junction with the monitoring required cumulative Soil caption exchange capacity (meq/100g) application under paragraph (a)(1) of this section. (kg/ha) (b) The unsaturated zone monitoring plan must include, at a minimum: Less than 5 ...... 5 5 to 15 ...... 10 (1) Soil monitoring using soil cores, Greater than 15 ...... 20 and (2) Soil-pore water monitoring using (2)(i) The only food chain crop pro- devices such as lysimeters. duced is animal feed. (c) To comply with paragraph (a)(1) (ii) The pH of the waste and soil mix- of this section, the owner or operator ture is 6.5 or greater at the time of must demonstrate in his unsaturated waste application or at the time the zone monitoring plan that: crop is planted, whichever occurs later, (1) The depth at which soil and soil- and this pH level is maintained when- pore water samples are to be taken is ever food chain crops are grown. below the depth to which the waste is (iii) There is a facility operating plan incorporated into the soil; which demonstrates how the animal (2) The number of soil and soil-pore feed will be distributed to preclude in- water samples to be taken is based on gestion by humans. The facility oper- the variability of: ating plan describes the measures to be (i) The hazardous waste constituents taken to safeguard against possible (as identified in § 265.273(a) and (b)) in health hazards from cadmium entering the waste and in the soil; and the food chain, which may result from (ii) The soil type(s); and alternative land uses. (3) The frequency and timing of soil (iv) Future property owners are noti- and soil-pore water sampling is based fied by a stipulation in the land record on the frequency, time, and rate of or property deed which states that the waste application, proximity to ground property has received waste at high water, and soil permeability. cadmium application rates and that (d) The owner or operator must keep food chain crops must not be grown ex- at the facility his unsaturated zone
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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 growth 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 section: (3) Maintain the run-off management (1) Type and amount of hazardous system required under § 265.272(c); and waste and hazardous waste constitu- (4) Control wind dispersal of particu- ents applied to the land treatment fa- late matter which may be subject to cility; wind dispersal. (2) The mobility and the expected (e) For the purpose of complying with rate of migration of the hazardous § 265.115, when closure is completed the waste and hazardous waste owner or operator may submit to the constituents; Regional Administrator certification (3) Site location, topography, and both by the owner or operator and by surrounding land use, with respect to an independent, qualified soil scientist, the potential effects of pollutant mi- in lieu of a qualified Professional Engi- gration (e.g., proximity to ground neer, that the facility has been closed water, surface water and drinking in accordance with the specifications water sources); in the approved closure plan. (4) Climate, including amount, fre- (f) In addition to the requirements of quency, and pH of precipitation; § 265.117, during the post-closure care
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period the owner or operator of a land § 265.301 Design and operating re- treatment unit must: quirements. (1) Continue soil-core monitoring by (a) The owner or operator of each collecting and analyzing samples in a new landfill unit, each lateral expan- manner and frequency specified in the sion of a landfill unit, and each re- post-closure plan; placement of an existing landfill unit (2) Restrict access to the unit as ap- must install two or more liners and a propriate for its post-closure use; leachate collection and removal sys- (3) Assure that growth of food chain tem above and between such liners, and crops complies with § 265.276; and operate the leachate collection and re- (4) Control wind dispersal of haz- moval system, in accordance with ardous waste. § 264.301(c), unless exempted under [45 FR 33232, May 19, 1980, as amended at 47 § 264.301(d), (e), or (f) of this chapter. FR 32368, July 26, 1982; 71 FR 16911, Apr. 4, (b) The owner or operator of each 2006; 71 FR 40275, July 14, 2006] unit referred to in paragraph (a) of this section must notify the Regional Ad- § 265.281 Special requirements for ig- ministrator at least sixty days prior to nitable or reactive waste. receiving waste. The owner or operator The owner or operator must not of each facility submitting notice must apply ignitable or reactive waste to the file a part B application within six treatment zone unless the waste and months of the receipt of such notice. treatment zone meet all applicable re- (c) The owner or operator of any re- quirements of 40 CFR part 268, and: placement landfill unit is exempt from (a) The waste is immediately incor- paragraph (a) of this section if: porated into the soil so that: (1) The existing unit was constructed (1) The resulting waste, mixture, or in compliance with the design stand- dissolution of material no longer meets ards of section 3004(o)(1)(A)(i) and (o)(5) the definition of ignitable or reactive of the Resource Conservation and Re- waste under § 261.21 or § 261.23 of this covery Act; and chapter; and (2) There is no reason to believe that (2) Section 264.17(b) is complied with; the liner is not functioning as de- or signed. (b) The waste is managed in such a (d) The double liner requirement set way that it is protected from any ma- forth in paragraph (a) of this section terial or conditions which may cause it may be waived by the Regional Admin- to ignite or react. istrator for any monofill, if: (1) The monofill contains only haz- [47 FR 32368, July 26, 1982, as amended at 55 ardous wastes from foundry furnace FR 22686, June 1, 1990; 71 FR 40275, July 14, emission controls or metal casting 2006] molding sand, and such wastes do not § 265.282 Special requirements for in- contain constituents which would compatible wastes. render the wastes hazardous for rea- sons other than the Toxicity Char- Incompatible wastes, or incompatible acteristic in § 261.24 of this chapter, wastes and materials (see appendix V with EPA Hazardous Waste Numbers for examples), must not be placed in D004 through D017; and the same land treatment area, unless (2)(i)(A) The monofill has at least one § 265.17(b) is complied with. liner for which there is no evidence that such liner is leaking; Subpart N—Landfills (B) The monofill is located more than one-quarter mile from an ‘‘under- § 265.300 Applicability. ground source of drinking water’’ (as The regulations in this subpart apply that term is defined in 40 CFR 270.2); to owners and operators of facilities and that dispose of hazardous waste in (C) The monofill is in compliance landfills, except as § 265.1 provides oth- with generally applicable ground-water erwise. A waste pile used as a disposal monitoring requirements for facilities facility is a landfill and is governed by with permits under RCRA section this subpart. 3005(c); or
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(ii) The owner or operator dem- must place the results of these analyses in onstrates that the monofill is located, the operating record of the facility.] designed and operated so as to assure [45 FR 33232, May 19, 1980, as amended at 47 that there will be no migration of any FR 32368, July 26, 1982; 50 FR 18374, Apr. 30, hazardous constituent into ground 1985. Redesignated from § 265.302 at 57 FR 3494, Jan. 29, 1992; 50 FR 28750, July 15, 1985, water or surface water at any future as amended at 57 FR 3494, Jan. 29, 1992; 57 FR time. 30658, July 10, 1992; 71 FR 16911, Apr. 4, 2006; (e) In the case of any unit in which 71 FR 40275, July 14, 2006] the liner and leachate collection sys- tem has been installed pursuant to the § 265.302 Action leakage rate. requirements of paragraph (a) of this (a) The owner or operator of landfill section and in good faith compliance units subject to § 265.301(a) must sub- with paragraph (a) of this section and mit a proposed action leakage rate to with guidance documents governing the Regional Administrator when sub- liners and leachate collection systems mitting the notice required under under paragraph (a) of this section, no § 265.301(b). Within 60 days of receipt of liner or leachate collection system the notification, the Regional Adminis- trator will: Establish an action leakage which is different from that which was rate, either as proposed by the owner so installed pursuant to paragraph (a) or operator or modified using the cri- of this section will be required for such teria in this section; or extend the re- unit by the Regional Administrator view period for up to 30 days. If no ac- when issuing the first permit to such tion is taken by the Regional Adminis- facility, except that the Regional Ad- trator before the original 60 or ex- ministrator will not be precluded from tended 90 day review periods, the ac- requiring installation of a new liner tion leakage rate will be approved as when the Regional Administrator has proposed by the owner or operator. reason to believe that any liner in- (b) The Regional Administrator shall stalled pursuant to the requirements of approve an action leakage rate for land paragraph (a) of this section is leaking. fill units subject to § 265.301(a). The ac- (f) The owner or operator must de- tion leakage rate is the maximum de- sign, construct, operate, and maintain sign flow rate that the leak detection a run-on control system capable of pre- system (LDS) can remove without the venting flow onto the active portion of fluid head on the bottom liner exceed- the landfill during peak discharge from ing 1 foot. The action leakage rate must include an adequate safety mar- at least a 25-year storm. gin to allow for uncertainties in the de- (g) The owner or operator must de- sign (e.g., slope, hydraulic conduc- sign, construct, operate and maintain a tivity, thickness of drainage material), run-off management system to collect construction, operation, and location and control at least the water volume of the LDS, waste and leachate charac- resulting from a 24-hour, 25-year storm. teristics, likelihood and amounts of (h) Collection and holding facilities other sources of liquids in the LDS, (e.g., tanks or basins) associated with and proposed response actions (e.g., the run-on and run-off control systems action leakage rate must consider de- must be emptied or otherwise managed creases in the flow capacity of the sys- expeditiously after storms to maintain tem over time resulting from siltation design capacity of the system. and clogging, rib layover and creep of (i) The owner or operator of a landfill synthetic components of the system, containing hazardous waste which is overburden pressures, etc.). subject to dispersal by wind must cover (c) To determine if the action leak- or otherwise manage the landfill so age rate has been exceeded, the owner that wind dispersal of the hazardous or operator must convert the weekly or monthly flow rate from the monitoring waste is controlled. data obtained under § 265.304 to an aver- [Comment: As required by § 265.13, the waste age daily flow rate (gallons per acre analysis plan must include analyses needed per day) for each sump. Unless the Re- to comply with §§ 265.312, 265.313, and 265.314. gional Administrator approves a dif- As required by § 265.73, the owner or operator ferent calculation, the average daily
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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, as amended at 71 amounts of liquids by source, FR 40276, July 14, 2006] (ii) Conduct a fingerprint, hazardous § 265.303 Response actions. constituent, or other analyses of the liquids in the leak detection system to (a) The owner or operator of landfill identify the source of liquids and pos- units subject to § 265.301(a) must de- sible location of any leaks, and the velop and keep on site until closure of hazard and mobility of the liquid; and the facility a response action plan. The (iii) Assess the seriousness of any response action plan must set forth the leaks in terms of potential for escaping actions to be taken if the action leak- into the environment; or age rate has been exceeded. At a min- (2) Document why such assessments imum, the response action plan must are not needed. describe the actions specified in para- graph (b) of this section. [57 FR 3494, Jan. 29, 1992, as amended at 71 FR 16912, Apr. 4, 2006; 71 FR 40276, July 14, (b) If the flow rate into the leak de- 2006] tection system exceeds the action leak- age rate for any sump, the owner or op- § 265.304 Monitoring and inspection. erator must: (a) An owner or operator required to (1) Notify the Regional Adminis- have a leak detection system under trator in writing of the exceedance § 265.301(a) must record the amount of within 7 days of the determination; liquids removed from each leak detec- (2) Submit a preliminary written as- tion system sump at least once each sessment to the Regional Adminis- week during the active life and closure trator within 14 days of the determina- period. tion, as to the amount of liquids, likely (b) After the final cover is installed, sources of liquids, possible location, the amount of liquids removed from size, and cause of any leaks, and short- each leak detection system sump must term actions taken and planned; be recorded at least monthly. If the liq- (3) Determine to the extent prac- uid level in the sump stays below the ticable the location, size, and cause of pump operating level for two consecu- any leak; tive months, the amount of liquids in (4) Determine whether waste receipt the sumps must be recorded at least should cease or be curtailed, whether quarterly. If the liquid level in the any waste should be removed from the sump stays below the pump operating unit for inspection, repairs, or con- level for two consecutive quarters, the trols, and whether or not the unit amount of liquids in the sumps must be should be closed; recorded at least semi-annually. If at (5) Determine any other short-term any time during the post-closure care and longer-term actions to be taken to period the pump operating level is ex- mitigate or stop any leaks; and ceeded at units on quarterly or semi- (6) Within 30 days after the notifica- annual recording schedules, the owner tion that the action leakage rate has or operator must return to monthly re- been exceeded, submit to the Regional cording of amounts of liquids removed Administrator the results of the anal- from each sump until the liquid level yses specified in paragraphs (b)(3), (4), again stays below the pump operating and (5) of this section, the results of ac- level for two consecutive months. tions taken, and actions planned. (c) ‘‘Pump operating level’’ is a liquid Monthly thereafter, as long as the flow level proposed by the owner or operator rate in the leak detection system ex- and approved by the Regional Adminis- ceeds the action leakage rate, the trator based on pump activation level, owner or operator must submit to the sump dimensions, and level that avoids Regional Administrator a report sum- backup into the drainage layer and
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minimizes head in the sump. The tim- other applicable leak detection system ing for submission and approval of the requirements of this part; proposed ‘‘pump operating level’’ will (3) Maintain and monitor the ground- be in accordance with § 265.302(a). water monitoring system and comply [57 FR 3495, Jan. 29, 1992] with all other applicable requirements of subpart F of this part; §§ 265.305–265.308 [Reserved] (4) Prevent run-on and run-off from eroding or otherwise damaging the § 265.309 Surveying and record- final cover; and keeping. (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 (b) The contents of each cell and the § 265.312 Special requirements for ig- nitable or reactive waste. approximate location of each haz- ardous waste type within each cell. (a) Except as provided in paragraph (b) of this section, and in § 265.316, ig- § 265.310 Closure and post-closure nitable or reactive waste must not be care. placed in a landfill, unless the waste (a) At final closure of the landfill or and landfill meets all applicable re- upon closure of any cell, the owner or quirements of 40 CFR part 268, and: operator must cover the landfill or cell (1) The resulting waste, mixture, or with a final cover designed and con- dissolution of material no longer meets structed to: the definition of ignitable or reactive (1) Provide long-term minimization waste under § 261.21 or § 261.23 of this of migration of liquids through the chapter; and closed landfill; (2) Section 265.17(b) is complied with. (2) Function with minimum mainte- (b) Except for prohibited wastes nance; which remain subject to treatment (3) Promote drainage and minimize standards in subpart D of part 268, ig- erosion or abrasion of the cover; nitable wastes in containers may be (4) Accommodate settling and subsid- landfilled without meeting the require- ence so that the cover’s integrity is ments of paragraph (a) of this section, maintained; and provided that the wastes are disposed (5) Have a permeability less than or of in such a way that they are pro- equal to the permeability of any bot- tected from any material or conditions tom liner system or natural subsoils which may cause them to ignite. At a present. minimum, ignitable wastes must be (b) After final closure, the owner or disposed of in non-leaking containers operator must comply with all post- which are carefully handled and placed closure requirements contained in so as to avoid heat, sparks, rupture, or §§ 265.117 through 265.120 including maintenance and monitoring through- any other condition that might cause out the post-closure care period. The ignition of the wastes; must be covered owner or operator must: daily with soil or other non-combus- (1) Maintain the integrity and effec- tible material to minimize the poten- tiveness of the final cover, including tial for ignition of the wastes; and making repairs to the cover as nec- must not be disposed of in cells that essary to correct the effects of settling, contain or will contain other wastes subsidence, erosion, or other events; which may generate heat sufficient to (2) Maintain and monitor the leak de- cause ignition of the waste. tection system in accordance with [47 FR 32368, July 26, 1982, as amended at 55 §§ 264.301(c)(3)(iv) and (4) of this chapter FR 22686, June 1, 1990; 71 FR 40276, July 14, and 265.304(b), and comply with all 2006]
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§ 265.313 Special requirements for in- (1) Nonbiodegradable sorbents. (i) In- compatible wastes. organic minerals, other inorganic ma- Incompatible wastes, or incompatible terials, and elemental carbon (e.g., wastes and materials, (see appendix V aluminosilicates, clays, smectites, for examples) must not be placed in the Fuller’s earth, bentonite, calcium ben- same landfill cell, unless § 265.17(b) is tonite, montmorillonite, calcined complied with. montmorillonite, kaolinite, micas (illite), vermiculites, zeolites; calcium § 265.314 Special requirements for carbonate (organic free limestone); ox- bulk and containerized liquids. ides/hydroxides, alumina, lime, silica (a) The placement of bulk or non-con- (sand), diatomaceous earth; perlite tainerized liquid hazardous waste or (volcanic glass); expanded volcanic hazardous waste containing free liquids rock; volcanic ash; cement kiln dust; (whether or not sorbents have been fly ash; rice hull ash; activated char- added) in any landfill is prohibited. coal/activated carbon); or (b) Containers holding free liquids (ii) High molecular weight synthetic must not be placed in a landfill unless: polymers (e.g., polyethylene, high den- (1) All free-standing liquid, sity polyethylene (HDPE), poly- (i) has been removed by decanting, or propylene, polystyrene, polyurethane, other methods, polyacrylate, polynorborene, poly- (ii) has been mixed with sorbent or isobutylene, ground synthetic rubber, solidified so that free-standing liquid is cross-linked allylstyrene and tertiary no longer observed; or butyl copolymers). This does not in- (iii) had been otherwise eliminated; clude polymers derived from biological or material or polymers specifically de- (2) The container is very small, such signed to be degradable; or as an ampule; or (iii) Mixtures of these nonbiodegrada- (3) The container is designed to hold ble materials. free liquids for use other than storage, (2) Tests for nonbiodegradable such as a battery or capacitor; or sorbents. (i) The sorbent material is de- (4) The container is a lab pack as de- termined to be nonbiodegradable under fined in § 265.316 and is disposed of in ASTM Method G21–70 (1984a)—Standard accordance with § 265.316. Practice for Determining Resistance of (c) To demonstrate the absence or Synthetic Polymer Materials to Fungi; presence of free liquids in either a con- or tainerized or a bulk waste, the fol- (ii) The sorbent material is deter- lowing test must be used: Method 9095B mined to be nonbiodegradable under (Paint Filter Liquids Test) as described ASTM Method G22–76 (1984b)—Standard in ‘‘Test Methods for Evaluating Solid Practice for Determining Resistance of Waste, Physical/Chemical Methods,’’ Plastics to Bacteria; or EPA Publication SW–846, as incor- (iii) The sorbent material is deter- porated by reference in § 260.11 of this mined to be non-biodegradable under chapter. OECD test 301B: [CO2 Evolution (Modi- (d) The date for compliance with fied Sturm Test)]. paragraph (a) of this section is Novem- (f) The placement of any liquid which ber 19, 1981. The date for compliance is not a hazardous waste in a landfill is with paragraph (c) of this section is prohibited unless the owner or operator March 22, 1982. of such landfill demonstrates to the (e) Sorbents used to treat free liquids Regional Administrator or the Re- to be disposed of in landfills must be gional 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
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(2) Placement in such owner or opera- outer container must be full after it tor’s landfill will not present a risk of has been packed with inside containers contamination of any ‘‘underground and sorbent material. source of drinking water’’ (as that (c) The sorbent material used must term is defined in 40 CFR 270.2). 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, nited by the contents of the inside con- 1982; 50 FR 18374, Apr. 30, 1985; 50 FR 28750, tainers in accordance with § 265.17(b). July 15, 1985; 51 FR 19177, May 28, 1986; 57 FR (d) Incompatible wastes, as defined in 54461, Nov. 18, 1992; 58 FR 46050, Aug. 31, 1993; § 260.10 of this chapter, must not be 60 FR 35705, July 11, 1995; 70 FR 34585, June placed in the same outside container. 14, 2005; 71 FR 16912, Apr. 4, 2006; 71 FR 40276, (e) Reactive waste, other than July 14, 2006; 75 FR 13006, Mar. 18, 2010] cyanide- or sulfide-bearing waste as de- § 265.315 Special requirements for con- fined in § 261.23(a)(5) of this chapter, tainers. must be treated or rendered non-reac- tive prior to packaging in accordance Unless they are very small, such as with paragraphs (a) through (d) of this an ampule, containers must be either: section. Cyanide- and sulfide-bearing (a) At least 90 percent full when reactive waste may be packaged in ac- placed in the landfill; or cordance with paragraphs (a) through (b) Crushed, shredded, or similarly (d) of this section without first being reduced in volume to the maximum treated or rendered non-reactive. practical extent before burial in the (f) Such disposal is in compliance landfill. with the requirements of 40 CFR part [50 FR 16048, Apr. 23, 1985] 268. Persons who incinerate lab packs according to the requirements in 40 § 265.316 Disposal of small containers CFR 268.42(c)(1) may use fiber drums in of hazardous waste in overpacked place of metal outer containers. Such drums (lab packs). fiber drums must meet the DOT speci- Small containers of hazardous waste fications in 49 CFR 173.12 and be over- in overpacked drums (lab packs) may packed according to the requirements be placed in a landfill if the following in paragraph (b) of this section. requirements are met: (a) Hazardous waste must be pack- [46 FR 56596, Nov. 17, 1981, as amended at 55 aged in non-leaking inside containers. FR 22686, June 1, 1990; 57 FR 54461, Nov. 18, 1992; 71 FR 40276, July 14, 2006; 75 FR 13006, The inside containers must be of a de- Mar. 18, 2010] sign and constructed of a material that will not react dangerously with, be de- composed by, or be ignited by the Subpart O—Incinerators waste held therein. Inside containers must be tightly and securely sealed. SOURCE: 46 FR 7680, Jan. 23, 1981, unless The inside containers must be of the otherwise noted. size and type specified in the Depart- ment of Transportation (DOT) haz- § 265.340 Applicability. ardous materials regulations (49 CFR (a) The regulations of this subpart parts 173, 178 and 179), if those regula- apply to owners and operators of haz- tions specify a particular inside con- ardous waste incinerators (as defined tainer for the waste. in § 260.10 of this chapter), except as (b) The inside containers must be § 265.1 provides otherwise. overpacked in an open head DOT-speci- (b) Integration of the MACT standards. fication metal shipping container (49 (1) Except as provided by paragraphs CFR parts 178 and 179) of no more than (b)(2) and (b)(3) of this section, the 416-liter (110 gallon) capacity and sur- standards of this part no longer apply rounded by, at a minimum, a sufficient when an owner or operator dem- quantity of sorbent material, deter- onstrates compliance with the max- mined to be nonbiodegradable in ac- imum achievable control technology cordance with § 265.314(e), to com- (MACT) requirements of part 63, sub- pletely sorb all of the liquid contents part EEE, of this chapter by con- of the inside containers. The metal ducting a comprehensive performance
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test and submitting to the Adminis- wastes are present in the combustion trator a Notification of Compliance zone. under §§ 63.1207(j) and 63.1210(d) of this [47 FR 27533, June 24, 1982 and 50 FR 666, Jan. chapter documenting compliance with 4, 1985, as amended at 50 FR 49203, Nov. 29, the requirements of part 63, subpart 1985; 56 FR 7208, Feb. 21, 1991; 64 FR 53075, EEE, of this chapter. Sept. 30, 1999; 67 FR 6816, Feb. 13, 2002; 70 FR (2) The MACT standards do not re- 59575, Oct. 12, 2005] place the closure requirements of § 265.341 Waste analysis. § 264.351 or the applicable requirements of subparts A through H, BB and CC of In addition to the waste analyses re- this part. quired by § 265.13, the owner or operator (3) Section 265.345 generally prohib- must sufficiently analyze any waste which he has not previously burned in iting burning of hazardous waste dur- his incinerator to enable him to estab- ing startup and shutdown remains in lish steady state (normal) operating effect if you elect to comply with conditions (including waste and auxil- § 270.235(b)(1)(i) of this chapter to mini- iary fuel feed and air flow) and to de- mize emissions of toxic compounds termine the type of pollutants which from startup and shutdown. might be emitted. At a minimum, the (c) Owners and operators of inciner- analysis must determine: ators burning hazardous waste are ex- (a) Heating value of the waste; empt from all of the requirements of (b) Halogen content and sulfur con- this subpart, except § 265.351 (Closure), tent in the waste; and provided that the owner or operator (c) Concentrations in the waste of has documented, in writing, that the lead and mercury, unless the owner or waste would not reasonably be ex- operator has written, documented data pected to contain any of the hazardous that show that the element is not constituents listed in part 261, appen- present. dix VIII, of this chapter, and such doc- [Comment: As required by § 265.73, the owner umentation is retained at the facility, or operator must place the results from each if the waste to be burned is: waste analysis, or the documented informa- (1) Listed as a hazardous waste in tion, in the operating record of the facility.] part 261, subpart D, of this chapter §§ 265.342–265.344 [Reserved] solely because it is ignitable (Hazard Code I), corrosive (Hazard Code C), or § 265.345 General operating require- both; or ments. (2) Listed as a hazardous waste in During start-up and shut-down of an part 261, subpart D, of this chapter incinerator, the owner or operator solely because it is reactive (Hazard must not feed hazardous waste unless Code R) for characteristics other than the incinerator is at steady state (nor- those listed in § 261.23(a) (4) and (5), and mal) conditions of operation, including will not be burned when other haz- steady state operating temperature ardous wastes are present in the com- and air flow. bustion zone; or (3) A hazardous waste solely because § 265.346 [Reserved] it possesses the characteristic of ignit- § 265.347 Monitoring and inspections. ability, corrosivity, or both, as deter- mined by the tests for characteristics The owner or operator must conduct, of hazardous wastes under part 261, as a minimum, the following moni- subpart C, of this chapter; or toring and inspections when incin- erating hazardous waste: (4) A hazardous waste solely because (a) Existing instruments which relate it possesses the reactivity characteris- to combustion and emission control tics described by § 261.23(a) (1), (2), (3), must be monitored at least every 15 (6), (7), or (8) of this chapter, and will minutes. Appropriate corrections to not be burned when other hazardous maintain steady state combustion con- ditions must be made immediately ei- ther automatically or by the operator.
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Instruments which relate to combus- meet the performance standards in sub- tion and emission control would nor- part O of part 264 when they burn these mally include those measuring waste wastes. feed, auxiliary fuel feed, air flow, in- (2) The Assistant Administrator for cinerator temperature, scrubber flow, Solid Waste and Emergency Response scrubber pH, and relevant level will issue a tentative decision as to controls. whether the incinerator can meet the (b) The complete incinerator and as- performance standards in subpart O of sociated equipment (pumps, valves, part 264. Notification of this tentative conveyors, pipes, etc.) must be in- decision will be provided by newspaper spected at least daily for leaks, spills, advertisement and radio broadcast in and fugitive emissions, and all emer- the jurisdiction where the incinerator gency shutdown controls and system is located. The Assistant Adminis- alarms must be checked to assure prop- trator for Solid Waste and Emergency er operation. Response will accept comment on the tentative decision for 60 days. The As- [46 FR 7678, Jan. 23, 1981, as amended at 47 FR 27533, June 24, 1982] sistant Administrator for Solid Waste and Emergency Response also may §§ 265.348–265.350 [Reserved] hold a public hearing upon request or at his discretion. § 265.351 Closure. (3) After the close of the public com- At closure, the owner or operator ment period, the Assistant Adminis- must remove all hazardous waste and trator for Solid Waste and Emergency hazardous waste residues (including Response will issue a decision whether but not limited to ash, scrubber or not to certify the incinerator. waters, and scrubber sludges) from the [50 FR 2005, Jan. 14, 1985] incinerator. [Comment: At closure, as throughout the op- §§ 265.353–265.369 [Reserved] erating period, unless the owner or operator can demonstrate, in accordance with Subpart P—Thermal Treatment § 261.3(d) of this chapter, that the residue re- moved from his incinerator is not a haz- § 265.370 Other thermal treatment. ardous waste, the owner or operator becomes The regulations in this subpart apply a generator of hazardous waste and must manage it in accordance with all applicable to owners or operators of facilities that requirements of parts 262 through 266 of this thermally treat hazardous waste in de- chapter.] vices other than enclosed devices using controlled flame combustion, except as § 265.352 Interim status incinerators § 265.1 provides otherwise. Thermal burning particular hazardous treatment in enclosed devices using wastes. controlled flame combustion is subject (a) Owners or operators of inciner- to the requirements of subpart O if the ators subject to this subpart may burn unit is an incinerator, and subpart H of EPA Hazardous Wastes FO20, FO21, part 266, if the unit is a boiler or an in- FO22, FO23, FO26, or FO27 if they re- dustrial furnace as defined in § 260.10. ceive a certification from the Assistant [50 FR 666, Jan. 4, 1985, as amended at 56 FR Administrator for Solid Waste and 32692, July 17, 1991] Emergency Response that they can meet the performance standards of sub- §§ 265.371–265.372 [Reserved] part O of part 264 when they burn these wastes. § 265.373 General operating require- (b) The following standards and pro- ments. cedures will be used in determining Before adding hazardous waste, the whether to certify an incinerator: owner or operator must bring his ther- (1) The owner or operator will submit mal treatment process to steady state an application to the Assistant Admin- (normal) conditions of operation—in- istrator for Solid Waste and Emer- cluding steady state operating tem- gency Response containing applicable perature—using auxiliary fuel or other information in §§ 270.19 and 270.62 dem- means, unless the process is a non-con- onstrating that the incinerator can tinuous (batch) thermal treatment
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process which requires a complete ther- cated operating corrections necessary mal cycle to treat a discrete quantity to return any visible emissions to their of hazardous waste. normal appearance. (3) The complete thermal treatment § 265.374 [Reserved] process and associated equipment (pumps, valves, conveyors, pipes, etc.) § 265.375 Waste analysis. must be inspected at least daily for In addition to the waste analyses re- leaks, spills, and fugitive emissions, quired by § 265.13, the owner or operator and all emergency shutdown controls must sufficiently analyze any waste and system alarms must be checked to which he has not previously treated in assure proper operation. his thermal process to enable him to (b) [Reserved] establish steady state (normal) or other appropriate (for a non-contin- §§ 265.378–265.380 [Reserved] uous process) operating conditions (in- cluding waste and auxiliary fuel feed) § 265.381 Closure. and to determine the type of pollutants At closure, the owner or operator which might be emitted. At a min- must remove all hazardous waste and imum, the analysis must determine: hazardous waste residues (including, (a) Heating value of the waste; but not limited to, ash) from the ther- (b) Halogen content and sulfur con- mal treatment process or equipment. tent in the waste; and (c) Concentrations in the waste of [Comment: At closure, as throughout the op- lead and mercury, unless the owner or erating period, unless the owner or operator can demonstrate, in accordance with § 261.3 operator has written, documented data (c) or (d) of this chapter, that any solid that show that the element is not waste removed from his thermal treatment present. process or equipment is not a hazardous waste, the owner or operator becomes a [Comment: As required by § 265.73, the owner generator of hazardous waste and must man- or operator must place the results from each age it in accordance with all applicable re- waste analysis, or the documented informa- quirements of parts 262, 263, and 265 of this tion, in the operating record of the facility.] chapter.]
§ 265.376 [Reserved] § 265.382 Open burning; waste explo- sives. § 265.377 Monitoring and inspections. (a) The owner or operator must con- Open burning of hazardous waste is duct, as a minimum, the following prohibited except for the open burning monitoring and inspections when ther- and detonation of waste explosives. mally treating hazardous waste: Waste explosives include waste which (1) Existing instruments which relate has the potential to detonate and bulk to temperature and emission control (if military propellants which cannot safe- an emission control device is present) ly be disposed of through other modes must be monitored at least every 15 of treatment. Detonation is an explo- minutes. Appropriate corrections to sion in which chemical transformation maintain steady state or other appro- passes through the material faster priate thermal treatment conditions than the speed of sound (0.33 kilo- must be made immediately either meters/second at sea level). Owners or automatically or by the operator. In- operators choosing to open burn or det- struments which relate to temperature onate waste explosives must do so in and emission control would normally accordance with the following table include those measuring waste feed, and in a manner that does not threaten auxiliary fuel feed, treatment process human health or the environment. temperature, and relevant process flow Pounds of waste explosives Minimum distance from open and level controls. or propellants burning or detonation to the (2) The stack plume (emissions), property of others where present, must be observed vis- 0 to 100 ...... 204 meters (670 feet). ually at least hourly for normal ap- 101 to 1,000 ...... 380 meters (1,250 feet). pearance (color and opacity). The oper- 1,001 to 10,000 ...... 530 meters (1,730 feet). ator must immediately make any indi- 10,001 to 30,000 ...... 690 meters (2,260 feet).
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§ 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 will issue a tentative decision as to this inflow (e.g., a waste feed cut-off whether the thermal treatment unit system or by-pass system to a standby can meet the performance standards in containment device). subpart O of part 264. Notification of [Comment: These systems are intended to be this tentative decision will be provided used in the event of a malfunction in the by newspaper advertisement and radio treatment process or equipment.] broadcast in the jurisdiction where the thermal treatment device is located. § 265.402 Waste analysis and trial tests. The Assistant Administrator for Solid (a) In addition to the waste analysis Waste and Emergency Response will required by § 265.13, whenever: accept comment on the tentative deci- (1) A hazardous waste which is sub- sion for 60 days. The Assistant Admin- stantially different from waste pre- istrator for Solid Waste and Emergen- viously treated in a treatment process cy Response also may hold a public or equipment at the facility is to be hearing upon request or at his discre- treated in that process or equipment, tion. or (3) After the close of the public com- (2) A substantially different process ment period, the Assistant Adminis- than any previously used at the facil- trator for Solid Waste and Emergency ity is to be used to chemically treat Response will issue a decision whether hazardous waste; or not to certify the thermal treatment unit. the owner or operator must, before treating the different waste or using [50 FR 2005, Jan. 14, 1985] the different process or equipment: (i) Conduct waste analyses and trial Subpart Q—Chemical, Physical, treatment tests (e.g., bench scale or and Biological Treatment pilot plant scale tests); or (ii) Obtain written, documented in- § 265.400 Applicability. formation on similar treatment of The regulations in this subpart apply similar waste under similar operating to owners and operators of facilities conditions;
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to show that this proposed treatment § 265.405 Special requirements for ig- will meet all applicable requirements nitable or reactive waste. of § 265.401 (a) and (b). (a) Ignitable or reactive waste must [(b) [Reserved] not be placed in a treatment process or [Comment: As required by § 265.13, the waste equipment unless: analysis plan must include analyses needed (1) The waste is treated, rendered, or to comply with §§ 265.405 and 265.406. As re- mixed before or immediately after quired by § 265.73, the owner or operator must place the results from each waste analysis placement in the treatment process or and trial test, or the documented informa- equipment so that (i) the resulting tion, in the operating record of the facility.] waste, mixture, or dissolution of mate- rial no longer meets the definition of § 265.403 Inspections. ignitable or reactive waste under (a) The owner or operator of a treat- § 261.21 or 261.23 of this chapter, and (ii) ment facility must inspect, where § 265.17(b) is complied with; or present: (2) The waste is treated in such a way (1) Discharge control and safety that it is protected from any material equipment (e.g., waste feed cut-off sys- or conditions which may cause the tems, by-pass systems, drainage sys- waste to ignite or react. tems, and pressure relief systems) at (b) [Reserved] least once each operating day, to en- sure that it is in good working order; [45 FR 33232, May 19, 1980, as amended at 71 (2) Data gathered from monitoring FR 40276, July 14, 2006] equipment (e.g., pressure and tempera- ture gauges), at least once each oper- § 265.406 Special requirements for in- ating day, to ensure that the treat- compatible wastes. ment process or equipment is being op- (a) Incompatible wastes, or incom- erated according to its design; patible wastes and materials, (see ap- (3) The construction materials of the pendix V for examples) must not be treatment process or equipment, at placed in the same treatment process least weekly, to detect corrosion or or equipment, unless § 265.17(b) is com- leaking of fixtures or seams; and plied with. (4) The construction materials of, (b) Hazardous waste must not be and the area immediately surrounding, placed in unwashed treatment equip- discharge confinement structures (e.g., ment which previously held an incom- dikes), at least weekly, to detect ero- patible waste or material, unless sion or obvious signs of leakage (e.g., § 265.17(b) is complied with. wet spots or dead vegetation). (b) [Reserved] Subpart R—Underground Injection [Comment: As required by § 265.15(c), the owner or operator must remedy any deterio- § 265.430 Applicability. ration or malfunction he finds.] Except as § 265.1 provides otherwise: § 265.404 Closure. (a) The owner or operator of a facil- At closure, all hazardous waste and ity which disposes of hazardous waste hazardous waste residues must be re- by underground injection is excluded moved from treatment processes or from the requirements of subparts G equipment, discharge control equip- and H of this part. ment, and discharge confinement (b) The requirements of this subpart structures. apply to owners and operators of wells [Comment: At closure, as throughout the op- used to dispose of hazardous waste erating period, unless the owner or operator which are classified as Class I under can demonstrate, in accordance with § 261.3 § 144.6(a) of this chapter and which are (c) or (d) of this chapter, that any solid classified as Class IV under § 144.6(d) of waste removed from his treatment process or this chapter. equipment is not a hazardous waste, the owner or operator becomes a generator of [Comment: In addition to the requirements of hazardous waste and must manage it in ac- subparts A through E of this part, the owner cordance with all applicable requirements of or operator of a facility which disposes of parts 262, 263, and 265 of this chapter.] hazardous waste by underground injection
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ultimately must comply with the require- (ii) Document the cleanup of the ments of §§ 265.431 through 265.437. These sec- drippage; tions are reserved at this time. The Agency (iii) Retain documents regarding will propose regulations that would establish those requirements.] cleanup for three years; and (iv) Manage the contaminated media [45 FR 33232, May 19, 1980, as amended at 48 FR 30115, June 30, 1983] in a manner consistent with Federal regulations. Subparts S–V [Reserved] [55 FR 50486, Dec. 6, 1990, as amended at 56 FR 30198, July 1, 1991; 57 FR 61503, Dec. 24, Subpart W—Drip Pads 1992] § 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- § 265.440 Applicability. fined in § 265.440, the owner or operator (a) The requirements of this subpart must evaluate the drip pad and deter- apply to owners and operators of facili- mine that it meets all of the require- ties that use new or existing drip pads ments of this subpart, except the re- to convey treated wood drippage, pre- quirements for liners and leak detec- cipitation, and/or surface water run-off tion systems of § 265.443(b). No later to an associated collection system. Ex- than the effective date of this rule, the isting drip pads are those constructed owner or operator must obtain and before December 6, 1990 and those for keep on file at the facility a written as- which the owner or operator has a de- sessment of the drip pad, reviewed and sign and has entered into binding fi- certified by a qualified Professional nancial or other agreements for con- Engineer that attests to the results of struction prior to December 6, 1990. All the evaluation. The assessment must other drip pads are new drip pads. The be reviewed, updated, and re-certified requirement at § 265.443(b)(3) to install annually until all upgrades, repairs, or a leak collection system applies only modifications necessary to achieve to those drip pads that are constructed compliance with all the standards of after December 24, 1992 except for those § 265.443 are complete. The evaluation constructed after December 24, 1992 for must document the extent to which the which the owner or operator has a de- drip pad meets each of the design and sign and has entered into binding fi- operating standards of § 265.443, except nancial or other agreements for con- the standards for liners and leak detec- struction prior to December 24, 1992. tion systems, specified in § 265.443(b). (b) The owner or operator of any drip (b) The owner or operator must de- pad that is inside or under a structure velop a written plan for upgrading, re- that provides protection from precipi- pairing, and modifying the drip pad to tation so that neither run-off nor run- meet the requirements of § 265.443(b), on is generated is not subject to regu- and submit the plan to the Regional lation under § 265.443(e) or § 265.443(f), as Administrator no later than 2 years be- appropriate. fore the date that all repairs, upgrades, (c) The requirements of this subpart and modifications are complete. This are not applicable to the management written plan must describe all changes of infrequent and incidental drippage to be made to the drip pad in sufficient in storage yards provided that: detail to document compliance with all (1) The owner or operator maintains the requirements of § 265.443. The plan and complies with a written contin- must be reviewed and certified by a gency plan that describes how the qualified Professional Engineer. owner or operator will respond imme- (c) Upon completion of all repairs diately to the discharge of such infre- and modifications, the owner or oper- quent and incidental drippage. At a ator must submit to the Regional Ad- minimum, the contingency plan must ministrator or State Director, the as- describe how the facility will do the built drawings for the drip pad to- following: gether with a certification by a quali- (i) Clean up the drippage; fied Professional Engineer attesting
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that the drip pad conforms to the draw- apply only to existing drip pads and ings. 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(b) instead of § 265.442(a). 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 a qualified Pro- fessional Engineer that attests to the [55 FR 50486, Dec. 6, 1990, as amended at 57 FR 61504, Dec. 24, 1992; 71 FR 16912, Apr. 4, results of the evaluation. The assess- 2006; 71 FR 40276, July 14, 2006] ment must be reviewed, updated and recertified annually. The evaluation § 265.442 Design and installation of must document the extent to which the new drip pads. drip pad meets the design and oper- Owners and operators of new drip ating standards of this section, except pads must ensure that the pads are de- for paragraph (b) of this section. 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- [57 FR 61504, Dec. 24, 1992] ble standards established by professional or- ganizations generally recognized by industry § 265.443 Design and operating re- such as the American Concrete Institute quirements. (ACI) and the American Society of Testing Materials (ASTM) in judging the structural (a) Drip pads must: integrity requirement of this paragraph. (1) Be constructed of non-earthen ma- terials, excluding wood and non-struc- (b) If an owner/operator elects to turally supported asphalt; comply with § 265.442(a) instead of (2) Be sloped to free-drain treated § 265.442(b), the drip pad must have: wood drippage, rain and other waters, (1) A synthetic liner installed below or solutions of drippage and water or the drip pad that is designed, con- other wastes to the associated collec- structed, and installed to prevent leak- tion system; age from the drip pad into the adjacent (3) Have a curb or berm around the subsurface soil or groundwater or sur- perimeter; face water at any time during the ac- (4)(i) Have a hydraulic conductivity tive life (including the closure period) of less than or equal to 1 × 10¥7 centi- of the drip pad. The liner must be con- meters per second, e.g., existing con- structed of materials that will prevent crete drip pads must be sealed, coated, waste from being absorbed into the or covered with a surface material with liner and prevent releases into the ad- a hydraulic conductivity of less than or jacent subsurface soil or ground water equal to 1 × 10¥7 centimeters per sec- or surface water during the active life ond such that the entire surface where of the facility. The liner must be: drippage occurs or may run across is (i) Constructed of materials that capable of containing such drippage have appropriate chemical properties and mixtures of drippage and precipita- and sufficient strength and thickness tion, materials, or other wastes while to prevent failure due to pressure gra- being routed to an associated collec- dients (including static head and exter- tion system. This surface material nal hydrogeologic forces), physical con- must be maintained free of cracks and tact with the waste or drip pad leakage gaps that could adversely affect its hy- to which they are exposed, climatic draulic conductivity, and the material conditions, the stress of installation, must be chemically compatible with and the stress of daily operation (in- the preservatives that contact the drip cluding stresses from vehicular traffic pad. The requirements of this provision on the drip pad);
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(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 § 265.440(b) of this subpart. (2) A leakage detection system imme- (f) Unless protected by a structure or diately above the liner that is de- cover, as described in § 265.440(b) of this signed, constructed, maintained and subpart, the owner or operator must operated to detect leakage from the design, construct, operate and main- drip pad. The leakage detection system tain a run-off management system to must be: collect and control at least the water (i) Constructed of materials that are: volume resulting from a 24-hour, 25- (A) Chemically resistant to the waste year storm. managed in the drip pad and the leak- (g) The drip pad must be evaluated to age that might be generated; and determine that it meets the require- (B) Of sufficient strength and thick- ments of paragraphs (a) through (f) of ness to prevent collapse under the pres- this section and the owner or operator sures exerted by overlaying materials must obtain a statement from a quali- and by any equipment used at the drip fied Professional Engineer certifying pad; and that the drip pad design meets the re- (ii) Designed and operated to func- quirements of this section. tion without clogging through the (h) Drippage and accumulated pre- scheduled closure of the drip pad. cipitation must be removed from the (iii) Designed so that it will detect associated collection system as nec- the failure of the drip pad or the pres- essary to prevent overflow onto the ence of a release of hazardous waste or drip pad. accumulated liquid at the earliest (i) The drip pad surface must be practicable time. cleaned thoroughly in a manner and (3) A leakage collection system im- frequency such that accumulated resi- mediately above the liner that is de- dues of hazardous waste or other mate- signed, constructed, maintained and rials are removed, with residues being operated to collect leakage from the properly managed as hazardous waste, drip pad such that it can be removed so as to allow weekly inspections of the from below the drip pad. The date, entire drip pad surface without inter- time, and quantity of any leakage col- ference or hindrance from accumulated lected in this system and removed residues of hazardous waste or other must be documented in the operating materials on the drip pad. The owner log. (c) Drip pads must be maintained or operator must document the date such that they remain free of cracks, and time of each cleaning and the gaps, corrosion, or other deterioration cleaning procedure used in the facili- that could cause hazardous waste to be ty’s operating log. released from the drip pad. (j) Drip pads must be operated and maintained in a manner to minimize NOTE: See § 265.443(m) for remedial action tracking of hazardous waste or haz- required if deterioration or leakage is ardous waste constituents off the drip detected. pad as a result of activities by per- (d) The drip pad and associated col- sonnel or equipment. lection system must be designed and (k) After being removed from the operated to convey, drain, and collect treatment vessel, treated wood from liquid resulting from drippage or pre- pressure and non-pressure processes cipitation in order to prevent run-off. must be held on the drip pad until (e) Unless protected by a structure, drippage has ceased. The owner or as described in § 265.440(b) of this sub- operator must maintain records suffi- part, the owner or operator must de- cient to document that all treated sign, construct, operate and maintain a wood is held on the pad following
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treatment in accordance with this re- plan submitted in accordance with quirement. paragraph (m)(1)(iv) of this section. (l) Collection and holding units asso- (n) The owner or operator must ciated with run-on and run-off control maintain, as part of the facility oper- systems must be emptied or otherwise ating log, documentation of past oper- managed as soon as possible after ating and waste handling practices. storms to maintain design capacity of This must include identification of pre- the system. servative formulations used in the (m) Throughout the active life of the past, a description of drippage manage- drip pad, if the owner or operator de- ment practices, and a description of tects a condition that may have caused treated wood storage and handling or has caused a release of hazardous practices. waste, the condition must be repaired [55 FR 50486, Dec. 6, 1990, as amended at 56 within a reasonably prompt period of FR 30198, July 1, 1991; 57 FR 5861, Feb. 18, time following discovery, in accord- 1992; 57 FR 61504, Dec. 24, 1992; 71 FR 16912, ance with the following procedures: Apr. 4, 2006; 71 FR 40276, July 14, 2006] (1) Upon detection of a condition that may have caused or has caused a re- § 265.444 Inspections. lease of hazardous waste (e.g., upon de- (a) During construction or installa- tection of leakage by the leak detec- tion, liners and cover systems (e.g., tion system), the owner or operator membranes, sheets, or coatings) must must: be inspected for uniformity, damage (i) Enter a record of the discovery in and imperfections (e.g., holes, cracks, the facility operating log; thin spots, or foreign materials). Im- (ii) Immediately remove the portion mediately after construction or instal- of the drip pad affected by the condi- lation, liners must be inspected and tion from service; certified as meeting the requirements (iii) Determine what steps must be of § 265.443 by a qualified Professional taken to repair the drip pad, remove Engineer. This certification must be any leakage from below the drip pad, maintained at the facility as part of and establish a schedule for accom- the facility operating record. After in- plishing the clean up and repairs; stallation, liners and covers must be inspected to ensure tight seams and (iv) Within 24 hours after discovery of joints and the absence of tears, punc- the condition, notify the Regional Ad- tures, or blisters. ministrator of the condition and, with- (b) While a drip pad is in operation, it in 10 working days, provide a written must be inspected weekly and after notice to the Regional Administrator storms to detect evidence of any of the with a description of the steps that will following: be taken to repair the drip pad, and (1) Deterioration, malfunctions or clean up any leakage, and the schedule improper operation of run-on and run- for accomplishing this work. off control systems; (2) The Regional Administrator will (2) The presence of leakage in and review the information submitted, proper functioning of leakage detection make a determination regarding system. whether the pad must be removed from (3) Deterioration or cracking of the service completely or partially until drip pad surface. repairs and clean up are complete, and notify the owner or operator of the de- NOTE: See § 265.443(m) for remedial action termination and the underlying ration- required if deterioration or leakage is ale in writing. detected. (3) Upon completing all repairs and [55 FR 50486, Dec. 6, 1990, as amended at 71 clean up, the owner or operator must FR 16912, Apr. 4, 2006] notify the Regional Administrator in writing and provide a certification, § 265.445 Closure. signed by an independent qualified, (a) At closure, the owner or operator registered professional engineer, that must remove or decontaminate all the repairs and clean up have been waste residues, contaminated contain- completed according to the written ment system components (pad, liners,
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etc.), contaminated subsoils, and struc- Subpart AA—Air Emission tures and equipment contaminated Standards for Process Vents with waste and leakage, and manage them as hazardous waste. SOURCE: 55 FR 25507, June 21, 1990, unless (b) If, after removing or decontami- otherwise noted. nating all residues and making all rea- sonable efforts to effect removal or de- § 265.1030 Applicability. contamination of contaminated compo- (a) The regulations in this subpart nents, subsoils, structures, and equip- apply to owners and operators of facili- ment as required in paragraph (a) of ties that treat, store, or dispose of haz- this section, the owner or operator ardous wastes (except as provided in finds that not all contaminated sub- § 265.1). soils can be practically removed or de- (b) Except for §§ 265.1034, paragraphs contaminated, he must close the facil- (d) and (e), this subpart applies to proc- ity and perform post-closure care in ac- ess vents associated with distillation, cordance with closure and post-closure fractionation, thin-film evaporation, care requirements that apply to land- solvent extraction, or air or steam fills (§ 265.310). For permitted units, the stripping operations that manage haz- requirement to have a permit con- ardous wastes with organic concentra- tinues throughout the post-closure pe- tions of at least 10 ppmw, if these oper- riod. ations are conducted in one of the fol- (c)(1) The owner or operator of an ex- lowing: isting drip pad, as defined in § 265.440 of (1) A unit that is subject to the per- this subpart, that does not comply with mitting requirements of 40 CFR part the liner requirements of § 265.443(b)(1) 270, or must: (2) A unit (including a hazardous (i) Include in the closure plan for the waste recycling unit) that is not ex- drip pad under § 265.112 both a plan for empt from permitting under the provi- complying with paragraph (a) of this sions of 40 CFR 262.17 (i.e., a hazardous section and a contingent plan for com- waste recycling unit that is not a 90- plying with paragraph (b) of this sec- day tank or container) and that is lo- tion in case not all contaminated sub- cated at a hazardous waste manage- soils can be practicably removed at ment facility otherwise subject to the closure; and permitting requirements of 40 CFR (ii) Prepare a contingent post-closure part 270, or plan under § 265.118 of this part for com- (3) A unit that is exempt from per- plying with paragraph (b) of this sec- mitting under the provisions of 40 CFR tion in case not all contaminated sub- 262.17 (i.e., a ‘‘90-day’’ tank or con- soils can be practicably removed at tainer) and is not a recycling unit closure. under the requirements of 40 CFR 261.6. (2) The cost estimates calculated NOTE: The requirements of §§ 265.1032 under §§ 265.112 and 265.144 of this part through 265.1036 apply to process vents on for closure and post-closure care of a hazardous waste recycling units previously drip pad subject to this paragraph must exempt under paragraph 261.6(c)(1). Other ex- emptions under §§ 261.4, and 265.1(c) are not include the cost of complying with the affected by these requirements.] contingent closure plan and the contin- gent post-closure plan, but are not re- (c) The requirements of this subpart quired to include the cost of expected do not apply to the pharmaceutical closure under paragraph (a) of this manufacturing facility, commonly re- section. ferred to as the Stonewall Plant, lo- cated at Route 340 South, Elkton, Vir- [55 FR 50486, Dec. 6, 1990, as amended at 71 ginia, provided that facility is operated FR 40276, July 14, 2006] in compliance with the requirements contained in a Clean Air Act permit Subparts X–Z [Reserved] issued pursuant to 40 CFR 52.2454. The requirements of this subpart shall apply to the facility upon termination
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of the Clean Air Act permit issued pur- achieved by add-on control devices, the suant to 40 CFR 52.2454. performance tests must conform with (d) The requirements of this subpart the requirements of § 265.1034(c). do not apply to the process vents at a (d) When an owner or operator and facility where the facility owner or op- the Regional Administrator do not erator certifies that all of the process agree on determinations of vent emis- vents that would otherwise be subject sions and/or emission reductions or to this subpart are equipped with and total organic compound concentrations operating air emission controls in ac- achieved by add-on control devices cordance with the process vent require- based on engineering calculations, the ments of an applicable Clean Air Act test methods in § 265.1034(c) shall be regulation codified under 40 CFR part used to resolve the disagreement. 60, part 61, or part 63. The documenta- tion of compliance under regulations at § 265.1033 Standards: Closed-vent sys- 40 CFR part 60, part 61, or part 63 shall tems and control devices. be kept with, or made readily available (a)(1) Owners or operators of closed- with, the facility operating record. 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; 81 FR 85827, Nov. 28, 2016] (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- § 265.1032 Standards: Process vents. ments of this subpart must prepare an 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 or steam stripping operations man- stalled as soon as possible, but the im- aging hazardous wastes with organic plementation schedule may allow up to concentrations at least 10 ppmw shall 30 months after the effective date that either: the facility becomes subject to this (1) Reduce total organic emissions subpart for installation and startup. from all affected process vents at the (ii) Any unit that begins operation facility below 1.4 kg/h (3 lb/h) and 2.8 after December 21, 1990, and is subject Mg/yr (3.1 tons/yr), or to the requirements of this subpart (2) Reduce, by use of a control device, when operation begins, must comply total organic emissions from all af- with the rules immediately (i.e., must fected process vents at the facility by have control devices installed and op- 95 weight percent. erating on startup of the affected unit); (b) If the owner or operator installs a the 30-month implementation schedule closed-vent system and control device does not apply. to comply with the provisions of para- (iii) The owner or operator of any fa- graph (a) of this section, the closed- cility in existence on the effective date vent system and control device must of a statutory or EPA regulatory meet the requirements of § 265.1033. amendment that renders the facility (c) Determinations of vent emissions subject to this subpart shall comply and emission reductions or total or- with all requirements of this subpart ganic compound concentrations as soon as practicable but no later than achieved by add-on control devices 30 months after the amendment’s effec- may be based on engineering calcula- tive date. When control equipment re- tions or performance tests. If perform- quired by this subpart can not be in- ance tests are used to determine vent stalled and begin operation by the ef- emissions, emission reductions, or fective date of the amendment, the fa- total organic compound concentrations cility owner or operator shall prepare
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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 not apply). (ii) A steam-assisted or nonassisted (b) A control device involving vapor flare designed for and operated with an recovery (e.g., a condenser or adsorber) exit velocity, as determined by the shall be designed and operated to re- methods specified in paragraph (e)(3) of cover the organic vapors vented to it this section, equal to or greater than with an efficiency of 95 weight percent 18.3 m/s (60 ft/s) but less than 122 m/s or greater unless the total organic (400 ft/s) is allowed if the net heating emission limits of § 265.1032(a)(1) for all value of the gas being combusted is affected process vents can be attained greater than 37.3 MJ/scm (1,000 Btu/scf). at an efficiency less than 95 weight per- (iii) A steam-assisted or nonassisted cent. flare designed for and operated with an (c) An enclosed combustion device exit velocity, as determined by the (e.g., a vapor incinerator, boiler, or methods specified in paragraph (e)(3) of process heater) shall be designed and this section, less than the velocity, operated to reduce the organic emis- Vmax, as determined by the method sions vented to it by 95 weight percent specified in paragraph (e)(4) of this sec- or greater; to achieve a total organic tion, and less than 122 m/s (400 ft/s) is compound concentration of 20 ppmv, allowed. expressed as the sum of the actual (5) An air-assisted flare shall be de- compounds, not carbon equivalents, on signed and operated with an exit veloc- a dry basis corrected to 3 percent oxy- ity less than the velocity, Vmax, as de- gen; or to provide a minimum resi- termined by the method specified in dence time of 0.50 seconds at a min- paragraph (e)(5) of this section. imum temperature of 760 °C. If a boiler (6) A flare used to comply with this or process heater is used as the control section shall be steam-assisted, air-as- device, then the vent stream shall be sisted, or nonassisted. introduced into the flame combustion (e)(1) Reference Method 22 in 40 CFR zone of the boiler or process heater. part 60 shall be used to determine the (d)(1) A flare shall be designed for and compliance of a flare with the visible operated with no visible emissions as emission provisions of this subpart. determined by the methods specified in The observation period is 2 hours and paragraph (e)(1) of this section, except shall be used according to Method 22.
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(2) The net heating value of the gas HT = The net heating value as determined in being combusted in a flare shall be cal- paragraph (e)(2) of this section. culated using the following equation: (f) The owner or operator shall mon- itor and inspect each control device re- ⎡ n ⎤ = quired to comply with this section to HKCHTii⎢∑ ⎥ ensure proper operation and mainte- ⎣i=1 ⎦ nance of the control device by imple- where: menting the following requirements:
HT = Net heating value of the sample, MJ/ (1) Install, calibrate, maintain, and scm; where the net enthalpy per mole of operate according to the manufactur- offgas is based on combustion at 25 °C er’s specifications a flow indicator that and 760 mm Hg, but the standard tem- provides a record of vent stream flow perature for determining the volume cor- from each affected process vent to the ° responding to 1 mol is 20 C; control device at least once every hour. K = Constant, 1.74 × 10¥7 (1/ppm) (g mol/scm) (MJ/kcal) where standard temperature The flow indicator sensor shall be in- for (g mol/scm) is 20 °C; stalled in the vent stream at the near- Ci = Concentration of sample component i in est feasible point to the control device ppm on a wet basis, as measured for inlet, but before being combined with organics by Reference Method 18 in 40 other vent streams. CFR part 60 and measured for hydrogen (2) Install, calibrate, maintain, and and carbon monoxide by ASTM D 1946–82 operate according to the manufactur- (incorporated by reference as specified in § 260.11); and er’s specifications a device to continu- ously monitor control device operation Hi = Net heat of combustion of sample com- ponent i, kcal/g mol at 25 °C and 760 mm as specified below: Hg. The heats of combustion may be de- (i) For a thermal vapor incinerator, a termined using ASTM D 2382–83 (incor- temperature monitoring device porated by reference as specified in equipped with a continuous recorder. § 260.11) if published values are not avail- The device shall have an accuracy of ±1 able or cannot be calculated. percent of the temperature being mon- (3) The actual exit velocity of a flare itored in °C or ±0.5 °C, whichever is shall be determined by dividing the greater. The temperature sensor shall volumetric flow rate (in units of stand- be installed at a location in the com- ard temperature and pressure), as de- bustion chamber downstream of the termined by Reference Methods 2, 2A, combustion zone. 2C, or 2D in 40 CFR part 60 as appro- (ii) For a catalytic vapor incinerator, priate, by the unobstructed (free) a temperature monitoring device cross-sectional area of the flare tip. equipped with a continuous recorder. (4) The maximum allowed velocity in The device shall be capable of moni- m/s, Vmax, for a flare complying with toring temperature at two locations paragraph (d)(4)(iii) of this section and have an accuracy of ±1 percent of shall be determined by the following the temperature being monitored in ° C equation: or ±0.5 ° C, whichever is greater. One Log (V ) = (H + 28.8)/31.7 temperature sensor shall be installed 10 max T in the vent stream at the nearest fea- where: sible point to the catalyst bed inlet and
HT = The net heating value as determined in a second temperature sensor shall be paragraph (e)(2) of this section. installed in the vent stream at the 28.8 = Constant, nearest feasible point to the catalyst 31.7 = Constant. bed outlet. (5) The maximum allowed velocity in (iii) For a flare, a heat sensing moni- m/s, Vmax, for an air-assisted flare shall toring device equipped with a contin- be determined by the following uous recorder that indicates the con- equation: tinuous ignition of the pilot flame. (iv) For a boiler or process heater V = 8.706 + 0.7084 (H ) max T having a design heat input capacity 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
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accuracy of ±1 percent of the tempera- ing carbon in the control device with ture being monitored in ° C or ±0.5 ° C, fresh carbon at a regular, prede- whichever is greater. The temperature termined time interval that is no sensor shall be installed at a location longer than the carbon service life es- in the furnace downstream of the com- tablished as a requirement of bustion zone. § 265.1035(b)(4)(iii)(F). (v) For a boiler or process heater hav- (h) An owner or operator using a car- ing a design heat input capacity great- bon adsorption system such as a carbon er than or equal to 44 MW, a moni- canister that does not regenerate the 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 compounds in the exhaust vent stream vapor incinerator, catalytic vapor in- from the carbon bed, or cinerator, flare, boiler, process heater, (B) A monitoring device equipped condenser, or carbon adsorption system with a continuous recorder to measure is required to develop documentation a parameter that indicates the carbon including sufficient information to de- bed is regenerated on a regular, pre- scribe the control device operation and determined time cycle. identify the process parameter or pa- (3) Inspect the readings from each rameters that indicate proper oper- monitoring device required by para- ation and maintenance of the control graphs (f) (1) and (2) of this section at device. least once each operating day to check (j) A closed-vent system shall meet control device operation and, if nec- either of the following design require- essary, immediately implement the ments: corrective measures necessary to en- (1) A closed-vent system shall be de- sure the control device operates in signed to operate with no detectable compliance with the requirements of emissions, as indicated by an instru- this section. ment reading of less than 500 ppmv (g) An owner or operator using a car- above background as determined by the bon adsorption system such as a fixed- procedure in § 265.1034(b) of this sub- bed carbon adsorber that regenerates part, and by visual inspections; or the carbon bed directly onsite in the (2) A closed-vent system shall be de- control device, shall replace the exist- signed to operate at a pressure below
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atmospheric pressure. The system shall (B) Closed-vent system components be equipped with at least one pressure or connections other than those speci- gauge or other pressure measurement fied in paragraph (k)(1)(ii)(A) of this device that can be read from a readily section shall be monitored annually accessible location to verify that nega- and at other times as requested by the tive pressure is being maintained in Regional Administrator, except as pro- the closed-vent system when the con- vided for in paragraph (n) of this sec- trol device is operating. tion, using the procedures specified in (k) The owner or operator shall mon- § 265.1034(b) of this subpart to dem- itor and inspect each closed-vent sys- onstrate that the components or con- tem required to comply with this sec- nections operate with no detectable tion to ensure proper operation and emissions. maintenance of the closed-vent system (iii) In the event that a defect or leak by implementing the following require- is detected, the owner or operator shall ments: repair the defect or leak in accordance (1) Each closed-vent system that is with the requirements of paragraph used to comply with paragraph (j)(1) of (k)(3) of this section. this section shall be inspected and (iv) The owner or operator shall monitored in accordance with the fol- maintain a record of the inspection and lowing requirements: monitoring in accordance with the re- (i) An initial leak detection moni- quirements specified in § 265.1035 of this toring of the closed-vent system shall subpart. 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 (j)(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 § 265.1034(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 (k)(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 (k)(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 § 265.1035 of this specified in § 265.1034(b) of this subpart subpart. to demonstrate that it operates with (3) The owner or operator shall repair no detectable emissions following any all detected defects as follows: time the component is repaired or re- (i) Detectable emissions, as indicated placed (e.g., a section of damaged hard by visual inspection, or by an instru- piping is replaced with new hard pip- ment reading greater than 500 ppmv ing) or the connection is unsealed (e.g., above background, shall be controlled a flange is unbolted). as soon as practicable, but not later
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than 15 calendar days after the emis- ments the requirements of 40 CFR part sion is detected, except as provided for 264, subpart O; or in paragraph (k)(3)(iii) of this section. (ii) Has designed and operates the in- (ii) A first attempt at repair shall be cinerator in accordance with the in- made no later than 5 calendar days terim status requirements of subpart O after the emission is detected. of this part. (iii) Delay of repair of a closed-vent (3) Burned in a boiler or industrial system for which leaks have been de- furnace for which the owner or oper- tected is allowed if the repair is tech- ator either: 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. (n) 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 § 265.1035(c)(9) of this subpart, in accordance with the requirements as unsafe to monitor are exempt from specified in § 265.1035 of this subpart. the requirements of paragraph (l) Closed-vent systems and control (k)(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- (m) 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 (k)(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 (1) Regenerated or reactivated in a (k)(1)(ii)(B) of this section as fre- thermal treatment unit that meets one quently as practicable during safe-to- of the following: monitor times. (i) The owner or operator of the unit has been issued a final permit under 40 [59 FR 62935, Dec. 6, 1994, as amended at 61 CFR part 270 which implements the re- FR 4913, Feb. 9, 1996; 61 FR 59969, Nov. 25, quirements of 40 CFR part 264 subpart 1996; 62 FR 64661, Dec. 8, 1997; 71 FR 40276, X; or July 14, 2006] (ii) The unit is equipped with and op- erating air emission controls in accord- § 265.1034 Test methods and proce- dures. ance with the applicable requirements of subparts AA and CC of either this (a) Each owner or operator subject to part or of 40 CFR part 264; or the provisions of this subpart shall (iii) The unit is equipped with and op- comply with the test methods and pro- erating air emission controls in accord- cedures requirements provided in this ance with a national emission standard section. for hazardous air pollutants under 40 (b) When a closed-vent system is test- CFR part 61 or 40 CFR part 63. ed for compliance with no detectable (2) Incinerated in a hazardous waste emissions, as required in § 265.1033(k) of incinerator for which the owner or op- this subpart, the test shall comply erator either: with the following requirements: (i) Has been issued a final permit (1) Monitoring shall comply with Ref- under 40 CFR part 270 which imple- erence Method 21 in 40 CFR part 60.
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(2) The detection instrument shall ating at the highest load or capacity meet the performance criteria of Ref- level reasonably expected to occur. For erence Method 21. the purpose of determining total or- (3) The instrument shall be cali- ganic compound concentrations and brated before use on each day of its use mass flow rates, the average of results by the procedures specified in Ref- of all runs shall apply. The average erence Method 21. shall be computed on a time-weighted (4) Calibration gases shall be: basis. (i) Zero air (less than 10 ppm of hy- (iv) Total organic mass flow rates drocarbon in air). shall be determined by the following (ii) A mixture of methane or n- equation: hexane and air at a concentration of (A) For sources utilizing Method 18. approximately, but less than, 10,000 ppm methane or n-hexane. n ⎧ ⎫ − (5) The background level shall be de- EQ= ⎨∑ CMW⎬ []0. 0416[] 10 6 termined as set forth in Reference hsdii2 ⎩ = ⎭ Method 21. i 1 (6) The instrument probe shall be tra- Where: versed around all potential leak inter- Eh = Total organic mass flow rate, kg/h; faces as close to the interface as Q2sd = Volumetric flow rate of gases entering possible as described in Reference or exiting control device, as determined by Method 2, dscm/h; Method 21. n = Number of organic compounds in the (7) The arithmetic difference between vent gas; the maximum concentration indicated Ci = Organic concentration in ppm, dry basis, by the instrument and the background of compound i in the vent gas, as deter- level is compared with 500 ppm for de- mined by Method 18; termining compliance. MWi = Molecular weight of organic com- (c) Performance tests to determine pound i in the vent gas, kg/kg-mol; compliance with § 265.1032(a) and with 0.0416 = Conversion factor for molar volume, kg-mol/m3 (@ 293 K and 760 mm Hg); the total organic compound concentra- 10¥6 = Conversion from ppm tion limit of § 265.1033(c) shall comply with the following: (B) For sources utilizing Method 25A. (1) Performance tests to determine ¥6 Eh = (Q)(C)(MW)(0.0416)(10 ) total organic compound concentrations Where: and mass flow rates entering and exiting control devices shall be con- Eh = Total organic mass flow rate, kg/h; Q = Volumetric flow rate of gases entering or ducted and data reduced in accordance exiting control device, as determined by with the following reference methods Method 2, dscm/h; and calculation procedures: C = Organic concentration in ppm, dry basis, (i) Method 2 in 40 CFR part 60 for ve- as determined by Method 25A; locity and volumetric flow rate. MW = Molecular weight of propane, 44; (ii) Method 18 or Method 25A in 40 0.0416 = Conversion factor for molar volume, CFR part 60, appendix A, for organic kg-mol/m3 (@ 293 K and 760 mm Hg); ¥6 content. If Method 25A is used, the or- 10 = Conversion from ppm. ganic HAP used as the calibration gas (v) The annual total organic emission must be the single organic HAP rep- rate shall be determined by the fol- resenting the largest percent by vol- lowing equation: ume of the emissions. The use of Meth- E = (E ) (H) od 25A is acceptable if the response A h from the high-level calibration gas is where:
at least 20 times the standard deviation EA = Total organic mass emission rate, kg/y; of the response from the zero calibra- Eh = Total organic mass flow rate for the tion gas when the instrument is zeroed process vent, kg/h; on the most sensitive scale. H = Total annual hours of operations for the (iii) Each performance test shall con- affected unit, h. sist of three separate runs; each run (vi) Total organic emissions from all conducted for at least 1 hour under the affected process vents at the facility conditions that exist when the haz- shall be determined by summing the ardous waste management unit is oper- hourly total organic mass emission
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rates (Eh, as determined in paragraph (i) The owner or operator must take (c)(1)(iv) of this section) and by sum- a minimum of four grab samples of ming the annual total organic mass waste for each waste stream managed emission rates (EA, as determined in in the affected unit under process con- 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 the facility in a closed system such as test methods specified in paragraph a tank truck and the waste is not di- (c)(1) of this section. luted or mixed with other waste. (ii) Safe sampling platform(s). (iii) Each sample shall be analyzed (iii) Safe access to sampling plat- and the total organic concentration of form(s). the sample shall be computed using (iv) Utilities for sampling and testing Method 9060A (incorporated by ref- equipment. erence under § 260.11 of this chapter) of (4) For the purpose of making compli- ‘‘Test Methods for Evaluating Solid ance determinations, the time-weight- Waste, Physical/Chemical Methods,’’ ed average of the results of the three EPA Publication SW–846; or analyzed runs shall apply. In the event that a for its individual organic constituents. sample is accidentally lost or condi- (iv) The arithmetic mean of the re- tions occur in which one of the three sults of the analyses of the four sam- runs must be discontinued because of ples shall apply for each waste stream forced shutdown, failure of an irre- managed in the unit in determining the placeable portion of the sample train, time-weighted, annual average total extreme meteorological conditions, or organic concentration of the waste. other circumstances beyond the owner The time-weighted average is to be cal- or operator’s control, compliance may, culated using the annual quantity of upon the Regional Administrator’s ap- each waste stream processed and the proval, be determined using the aver- mean organic concentration of each age of the results of the two other runs. waste stream managed in the unit. (d) To show that a process vent asso- (2) Using knowledge of the waste to ciated with a hazardous waste distilla- determine that its total organic con- tion, fractionation, thin-film evapo- centration is less than 10 ppmw. Docu- ration, solvent extraction, or air or mentation of the waste determination steam stripping operation is not sub- is required. Examples of documenta- ject to the requirements of this sub- tion that shall be used to support a de- part, the owner or operator must make termination under this provision in- an initial determination that the time- clude production process information weighted, annual average total organic documenting that no organic com- concentration of the waste managed by pounds are used, information that the the waste management unit is less waste is generated by a process that is than 10 ppmw using one of the fol- identical to a process at the same or lowing two methods: another facility that has previously (1) Direct measurement of the or- been demonstrated by direct measure- ganic concentration of the waste using ment to generate a waste stream hav- the following procedures: ing a total organic content less than 10
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ppmw, or prior speciation analysis re- (b) Owners and operators must record sults on the same waste stream where the following information in the facil- it can also be documented that no proc- ity operating record: ess changes have occurred since that (1) For facilities that comply with analysis that could affect the waste the provisions of § 265.1033(a)(2), an im- total organic concentration. plementation schedule that includes (e) The determination that distilla- dates by which the closed-vent system tion fractionation, thin-film evapo- and control device will be installed and ration, solvent extraction, or air or in operation. The schedule must also steam stripping operations manage include a rationale of why the installa- hazardous wastes with time-weighted tion cannot be completed at an earlier annual average total organic con- date. The implementation schedule centrations less than 10 ppmw shall be must be in the facility operating record made as follows: by the effective date that the facility becomes subject to the provisions of (1) By the effective date that the fa- this subpart. cility becomes subject to the provi- (2) Up-to-date documentation of com- sions of this subpart or by the date pliance with the process vent standards when the waste is first managed in a in § 265.1032, including: waste management unit, whichever is (i) Information and data identifying later; and all affected process vents, annual (2) For continuously generated waste, throughput and operating hours of annually; or each affected unit, estimated emission (3) Whenever there is a change in the rates for each affected vent and for the waste being managed or a change in overall facility (i.e., the total emis- the process that generates or treats the sions for all affected vents at the facil- waste. ity), and the approximate location (f) When an owner or operator and within the facility of each affected unit the Regional Administrator do not (e.g., identify the hazardous waste agree on whether a distillation, frac- management units on a facility plot tionation, thin-film evaporation, sol- plan); and vent extraction, or air or steam strip- (ii) Information and data supporting ping operation manages a hazardous determinations of vent emissions and waste with organic concentrations of emission reductions achieved by add-on at least 10 ppmw based on knowledge of control devices based on engineering the waste, the dispute may be resolved calculations or source tests. For the using direct measurement as specified purpose of determining compliance, de- at paragraph (d)(1) of this section. terminations of vent emissions and emission reductions must be made [55 FR 25507, June 21, 1990, as amended at 56 using operating parameter values (e.g., FR 19290, Apr. 26, 1991; 61 FR 59970, Nov. 25, temperatures, flow rates or vent 1996; 62 FR 32463, June 13, 1997; 70 FR 34586, stream organic compounds and con- June 14, 2005] centrations) that represent the condi- § 265.1035 Recordkeeping require- tions that result in maximum organic ments. emissions, such as when the waste 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
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organic compound concentration stream characteristics and control de- achieved by the control device, a per- vice operation parameters as specified formance test plan. The test plan must below. include: (A) For a thermal vapor incinerator, (i) A description of how it is deter- the design analysis shall consider the mined that the planned test is going to vent stream composition, constituent be conducted when the hazardous waste concentrations, and flow rate. The de- management unit is operating at the sign analysis shall also establish the 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,
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design total steam flow over the period corded and kept up-to-date in the facil- of each complete carbon bed regenera- ity operating record. The information tion cycle, duration of the carbon bed shall include: steaming and cooling/drying cycles, de- (1) Description and date of each sign carbon bed temperature after re- modification that is made to the generation, design carbon bed regen- closed-vent system or control device eration time, and design service life of design. carbon. (2) Identification of operating param- (G) For a carbon adsorption system eter, description of monitoring device, such as a carbon canister that does not and diagram of monitoring sensor loca- regenerate the carbon bed directly on- tion or locations used to comply with site in the control device, the design § 265.1033(f)(1) and (f)(2). analysis shall consider the vent stream (3) Monitoring, operating and inspec- composition, constituent concentra- tion information required by para- tions, flow rate, relative humidity, and graphs (f) through (k) of § 265.1033 of temperature. The design analysis shall this subpart. also establish the design outlet organic (4) Date, time, and duration of each concentration level, capacity of carbon period that occurs while the control de- bed, type and working capacity of acti- vice is operating when any monitored vated carbon used for carbon bed, and parameter exceeds the value estab- design carbon replacement interval lished in the control device design based on the total carbon working ca- analysis as specified below: pacity of the control device and source (i) For a thermal vapor incinerator operating schedule. designed to operate with a minimum (iv) A statement signed and dated by residence time of 0.50 seconds at a min- the owner or operator certifying that imum temperature of 760 °C, period the operating parameters used in the when the combustion temperature is design analysis reasonably represent below 760 °C. the conditions that exist when the haz- (ii) For a thermal vapor incinerator ardous waste management unit is or designed to operate with an organic would be operating at the highest load emission reduction efficiency of 95 per- or capacity level reasonably expected cent or greater, period when the com- to occur. bustion zone temperature is more than (v) A statement signed and dated by 28 °C below the design average combus- the owner or operator certifying that 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
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zone from the location established as a mented to correct the control device requirement of paragraph (b)(4)(iii)(C) operation. of this section. (6) For carbon adsorption systems op- (v) For a flare, period when the pilot erated subject to requirements speci- flame is not ignited. fied in § 265.1033(g) or § 265.1033(h)(2), (vi) For a condenser that complies date when existing carbon in the with § 265.1033(f)(2)(vi)(A), period when control device is replaced with fresh the organic compound concentration carbon. level or readings of organic compounds (7) For carbon adsorption systems op- in the exhaust vent stream from the erated subject to requirements speci- condenser are more than 20 percent fied in § 265.1033(h)(1), a log that greater than the design outlet organic records: compound concentration level estab- (i) Date and time when control device lished as a requirement of paragraph is monitored for carbon breakthrough (b)(4)(iii)(E) of this section. and the monitoring device reading. (vii) For a condenser that complies (ii) Date when existing carbon in the with § 265.1033(f)(2)(vi)(B), period when: control device is replaced with fresh (A) Temperature of the exhaust vent carbon. stream from the condenser is more (8) Date of each control device start- than 6 °C above the design average ex- up and shutdown. haust vent stream temperature estab- (9) An owner or operator designating lished as a requirement of paragraph any components of a closed-vent sys- (b)(4)(iii)(E) of this section; or tem as unsafe to monitor pursuant to (B) Temperature of the coolant fluid § 265.1033(n) of this subpart shall record exiting the condenser is more than 6 °C in a log that is kept in the facility op- above the design average coolant fluid erating record the identification of temperature at the condenser outlet 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 compounds in the exhaust vent stream (10) When each leak is detected as from the carbon bed are more than 20 specified in § 265.1033(k) of this subpart, percent greater than the design ex- the following information shall be re- haust vent stream organic compound corded: concentration level established as a re- (i) The instrument identification quirement of paragraph (b)(4)(iii)(F) of number, the closed-vent system compo- this section. nent identification number, and the op- (ix) For a carbon adsorption system erator name, initials, or identification such as a fixed-bed carbon adsorber number. that regenerates the carbon bed di- (ii) The date the leak was detected rectly onsite in the control device and and the date of first attempt to repair complies with § 265.1033(f)(2)(vii)(B), pe- the leak. riod when the vent stream continues to (iii) The date of successful repair of flow through the control device beyond the leak. the predetermined carbon bed regen- (iv) Maximum instrument reading eration time established as a require- measured by Method 21 of 40 CFR part ment of paragraph (b)(4)(iii)(F) of this 60, appendix A after it is successfully section. repaired or determined to be nonrepair- (5) Explanation for each period re- able. corded under paragraph (c)(4) of this (v) ‘‘Repair delayed’’ and the reason section of the cause for control device for the delay if a leak is not repaired operating parameter exceeding the de- within 15 calendar days after discovery sign value and the measures imple- of the leak.
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(A) The owner or operator may de- (b) Except as provided in § 265.1064(k), velop a written procedure that identi- this subpart applies to equipment that fies the conditions that justify a delay contains or contacts hazardous wastes of repair. In such cases, reasons for with organic concentrations of at least delay of repair may be documented by 10 percent by weight that are managed citing the relevant sections of the writ- in one of the following: ten procedure. (1) A unit that is subject to the per- (B) If delay of repair was caused by mitting requirements of 40 CFR part depletion of stocked parts, there must 270, or be documentation that the spare parts (2) A unit (including a hazardous were sufficiently stocked on-site before waste recycling unit) that is not ex- depletion and the reason for depletion. empt from permitting under the provi- (d) Records of the monitoring, oper- sions of 40 CFR 262.17 (i.e., a hazardous ating, and inspection information re- waste recycling unit that is not a 90- quired by paragraphs (c)(3) through day tank or container) and that is lo- (c)(10) of this section shall be main- cated at a hazardous waste manage- tained by the owner or operator for at ment facility otherwise subject to the least 3 years following the date of each permitting requirements of 40 CFR occurrence, measurement, mainte- part 270, or nance, corrective action, or record. (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 262.17 (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 this subpart. FR 19290, Apr. 26, 1991; 61 FR 59970, Nov. 25, (f) The requirements of this subpart 1996; 71 FR 40276, July 14, 2006] do not apply to the pharmaceutical §§ 265.1036–265.1049 [Reserved] manufacturing facility, commonly re- ferred to as the Stonewall Plant, lo- cated at Route 340 South, Elkton, Vir- Subpart BB—Air Emission 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- (g) Purged coatings and solvents ties that treat, store, or dispose of haz- from surface coating operations subject ardous wastes (except as provided in to the national emission standards for § 265.1). hazardous air pollutants (NESHAP) for
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the surface coating of automobiles and by a closed-vent system to a control light-duty trucks at 40 CFR part 63, device that complies with the require- subpart IIII, are not subject to the re- ments of § 265.1060, or quirements of this subpart. (iii) Equipped with a system that NOTE: The requirements of §§ 265.1052 purges the barrier fluid into a haz- through 265.1064 apply to equipment associ- ardous waste stream with no detect- ated with hazardous waste recycling units able emissions to the atmosphere. previously exempt under paragraph (2) The barrier fluid system must not 261.6(c)(1). Other exemptions under §§ 261.4 be a hazardous waste with organic con- and 265.1(c) are not affected by these require- centrations 10 percent or greater by ments. weight. [55 FR 25512, June 21, 1990, as amended at 61 (3) Each barrier fluid system must be FR 59970, Nov. 25, 1996; 62 FR 52642, Oct. 8, equipped with a sensor that will detect 1997; 62 FR 64661, Dec. 8, 1997; 69 FR 22661, Apr. 26, 2004; 81 FR 85827, Nov. 28, 2016] failure of the seal system, the barrier fluid system or both. § 265.1051 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 § 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 made no later than 5 calendar days (iii) A first attempt at repair (e.g., after each leak is detected. relapping the seal) shall be made no (d) Each pump equipped with a dual later than 5 calendar days after each mechanical seal system that includes a leak is detected. barrier fluid system is exempt from the (e) Any pump that is designated, as requirements of paragraph (a), provided described in § 265.1064(g)(2), for no de- the following requirements are met: tectable emissions, as indicated by an (1) Each dual mechanical seal system instrument reading of less than 500 must be: ppm above background, is exempt from (i) Operated with the barrier fluid at the requirements of paragraphs (a), (c), a pressure that is at all times greater and (d) of this section if the pump than the pump stuffing box pressure, or meets the following requirements: (ii) Equipped with a barrier fluid (1) Must have no externally actuated degassing reservoir that is connected shaft penetrating the pump housing.
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(2) Must operate with no detectable monthly to ensure that it is func- emissions as indicated by an instru- tioning properly unless the compressor ment reading of less than 500 ppm is located within the boundary of an above background as measured by the unmanned plant site, in which case the methods specified in § 265.1063(c). sensor must be checked daily. (3) Must be tested for compliance (2) The owner or operator shall deter- with paragraph (e)(2) of this section mine, based on design considerations initially upon designation, annually, and operating experience, a criterion and at other times as requested by the that indicates failure of the seal sys- Regional Administrator. tem, the barrier fluid system or both. (f) If any pump is equipped with a (f) If the sensor indicates failure of closed-vent system capable of cap- the seal system, the barrier fluid sys- turing and transporting any leakage tem, or both based on the criterion de- from the seal or seals to a control de- termined under paragraph (e)(2) of this vice that complies with the require- section, a leak is detected. ments of § 265.1060, it is exempt from (g)(1) When a leak is detected, it the requirements of paragraphs (a) shall be repaired as soon as practicable, through (e) of this section. but not later than 15 calendar days [55 FR 25512, June 21, 1990, as amended at 56 after it is detected, except as provided FR 19290, Apr. 26, 1991] in § 265.1059. (2) A first attempt at repair (e.g., § 265.1053 Standards: Compressors. 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- after each leak is detected. cludes a barrier fluid system and that (h) A compressor is exempt from the prevents leakage of total organic emis- requirements of paragraphs (a) and (b) sions to the atmosphere, except as pro- of this section if it is equipped with a vided in paragraphs (h) and (i) of this closed-vent system capable of cap- section. turing and transporting any leakage (b) Each compressor seal system as from the seal to a control device that required in paragraph (a) of this sec- complies with the requirements of tion shall be: § 265.1060, except as provided in para- (1) Operated with the barrier fluid at graph (i) of this section. a pressure that is at all times greater (i) Any compressor that is des- than the compressor stuffing box pres- ignated, as described in § 265.1064(g)(2), sure, or for no detectable emission as indicated (2) Equipped with a barrier fluid sys- by an instrument reading of less than tem that is connected by a closed-vent 500 ppm above background is exempt system to a control device that com- from the requirements of paragraphs plies with the requirements of (a) through (h) of this section if the § 265.1060, or compressor: (3) Equipped with a system that (1) Is determined to be operating with purges the barrier fluid into a haz- no detectable emissions, as indicated ardous waste stream with no detect- by an instrument reading of less than able emissions to atmosphere. 500 ppm above background, as meas- (c) The barrier fluid must not be a ured by the method specified in hazardous waste with organic con- § 265.1063(c). centrations 10 percent or greater by (2) Is tested for compliance with weight. paragraph (i)(1) of this section initially (d) Each barrier fluid system as de- upon designation, annually, and at scribed in paragraphs (a) through (c) of other times as requested by the Re- this section shall be equipped with a gional Administrator. sensor that will detect failure of the seal system, barrier fluid system, or § 265.1054 Standards: Pressure relief both. devices in gas/vapor service. (e)(1) Each sensor as required in para- (a) Except during pressure releases, graph (d) of this section shall be each pressure relief device in gas/vapor checked daily or shall be equipped with service shall be operated with no de- an audible alarm that must be checked tectable emissions, as indicated by an
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instrument reading of less than 500 empt from the requirements of para- ppm above background, as measured by graphs (a) and (b) of this section. the method specified in § 265.1063(c). [61 FR 59971, Nov. 25, 1996] (b)(1) After each pressure release, the pressure relief device shall be returned § 265.1056 Standards: Open-ended to a condition of no detectable emis- valves or lines. sions, as indicated by an instrument (a)(1) Each open-ended valve or line reading of less than 500 ppm above shall be equipped with a cap, blind background, as soon as practicable, but flange, plug, or a second valve. no later than 5 calendar days after (2) The cap, blind flange, plug, or sec- each pressure release, except as pro- ond valve shall seal the open end at all vided in § 265.1059. times except during operations requir- (2) No later than 5 calendar days ing hazardous waste stream flow after the pressure release, the pressure through the open-ended valve or line. relief device shall be monitored to con- (b) Each open-ended valve or line firm the condition of no detectable equipped with a second valve shall be emissions, as indicated by an instru- operated in a manner such that the ment reading of less than 500 ppm valve on the hazardous waste stream above background, as measured by the end is closed before the second valve is method specified in § 265.1063(c). closed. (c) Any pressure relief device that is (c) When a double block and bleed equipped with a closed-vent system ca- system is being used, the bleed valve or pable of capturing and transporting line may remain open during oper- leakage from the pressure relief device ations that require venting the line be- to a control device as described in tween the block valves but shall com- § 265.1060 is exempt from the require- ply with paragraph (a) of this section ments of paragraphs (a) and (b) of this at all other times. section. § 265.1057 Standards: Valves in gas/ § 265.1055 Standards: Sampling con- vapor service or in light liquid serv- nection systems. ice. (a) Each sampling connection system (a) Each valve in gas/vapor or light shall be equipped with a closed-purge, liquid service shall be monitored closed-loop, or closed-vent system. monthly to detect leaks by the meth- This system shall collect the sample ods specified in § 265.1063(b) and shall purge for return to the process or for comply with paragraphs (b) through (e) routing to the appropriate treatment of this section, except as provided in system. Gases displaced during filling paragraphs (f), (g), and (h) of this sec- of the sample container are not re- tion, and §§ 265.1061 and 265.1062. quired to be collected or captured. (b) If an instrument reading of 10,000 (b) Each closed-purge, closed-loop, or ppm or greater is measured, a leak is closed-vent system as required in para- detected. graph (a) of this section shall: (c)(1) Any valve for which a leak is (1) Return the purged process fluid not detected for two successive months directly to the process line; or may be monitored the first month of (2) Collect and recycle the purged every succeeding quarter, beginning process fluid; or with the next quarter, until a leak is (3) Be designed and operated to cap- detected. ture and transport all the purged proc- (2) If a leak is detected, the valve ess fluid to a waste management unit shall be monitored monthly until a that complies with the applicable re- leak is not detected for 2 successive quirements of § 265.1085 through months. § 265.1087 of this subpart or a control de- (d)(1) When a leak is detected, it vice that complies with the require- shall be repaired as soon as practicable, ments of § 265.1060 of this subpart. but no later than 15 calendar days after (c) In-situ sampling systems and sam- the leak is detected, except as provided pling systems without purges are ex- in § 265.1059.
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(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: § 265.1058 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 § 265.1064(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 § 265.1063(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 § 265.1063(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 § 265.1059. 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 § 265.1064(h)(1), as an un- but are not limited to, the best prac- safe-to-monitor valve is exempt from tices described under § 265.1057(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 § 265.1064 of this subpart. paragraph (a) of this section. [55 FR 25512, June 21, 1990, as amended at 61 (2) The owner or operator of the valve FR 59971, Nov. 25, 1996] adheres to a written plan that requires monitoring of the valve as frequently § 265.1059 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 § 265.1064(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 (2) The hazardous waste management from the hazardous waste management unit within which the valve is located unit and that does not continue to con- was in operation before June 21, 1990. tain or contact hazardous waste with
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organic concentrations at least 10 per- the facility becomes subject to this cent by weight. subpart for installation and startup. (c) Delay of repair for valves will be (2) Any units that begin operation allowed if: after December 21, 1990, and are subject (1) The owner or operator determines to the provisions of this subpart when that emissions of purged material re- operation begins, must comply with sulting from immediate repair are the rules immediately (i.e., must have greater than the emissions likely to re- control devices installed and operating sult from delay of repair. on startup of the affected unit); the 30- month implementation schedule does (2) When repair procedures are ef- not apply. fected, the purged material is collected (3) The owner or operator of any fa- and destroyed or recovered in a control cility in existence on the effective date device complying with § 265.1060. of a statutory or EPA regulatory (d) Delay of repair for pumps will be amendment that renders the facility allowed if: subject to this subpart shall comply (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 [62 FR 64662, Dec. 8, 1997] implementation schedule that includes dates by which the closed-vent system § 265.1061 Alternative standards for and control device will be installed and valves in gas/vapor service or in in operation. The controls must be in- light liquid service: percentage of stalled as soon as possible, but the im- valves allowed to leak. plementation schedule may allow up to (a) An owner or operator subject to 30 months after the effective date that the requirements of § 265.1057 may elect
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to have all valves within a hazardous terly leak detection periods (i.e., mon- waste management unit comply with itor for leaks once every six months) an alternative standard which allows for the valves subject to the require- no greater than 2 percent of the valves ments in § 265.1057 of this subpart. to leak. (3) After five consecutive quarterly (b) The following requirements shall leak detection periods with the per- be met if an owner or operator decides centage of valves leaking equal to or to comply with the alternative stand- less than 2 percent, an owner or oper- ard of allowing 2 percent of valves to ator may begin to skip three of the leak: quarterly leak detection periods (i.e., (1) A performance test as specified in monitor for leaks once every year) for paragraph (c) of this section shall be the valves subject to the requirements conducted initially upon designation, in § 265.1057 of this subpart. annually, and at other times requested (4) If the percentage of valves leaking by the Regional Administrator. is greater than 2 percent, the owner or (2) If a valve leak is detected, it shall operators shall monitor monthly in be repaired in accordance with § 265.1057 compliance with the requirements in (d) and (e). § 265.1057, but may again elect to use (c) Performance tests shall be con- this section after meeting the require- ducted in the following manner: ments of § 265.1057(c)(1). (1) All valves subject to the require- [55 FR 25512, June 21, 1990, as amended at 62 ments in § 265.1057 within the hazardous FR 64662, Dec. 8, 1997; 71 FR 16912, Apr. 4, waste management unit shall be mon- 2006] itored within 1 week by the methods specified in § 265.1063(b). § 265.1063 Test methods and proce- (2) If an instrument reading of 10,000 dures. ppm or greater is measured, a leak is (a) Each owner or operator subject to detected. the provisions of this subpart shall (3) The leak percentage shall be de- comply with the test methods and pro- termined by dividing the number of cedures requirements provided in this valves subject to the requirements in section. § 265.1057 for which leaks are detected (b) Leak detection monitoring, as re- by the total number of valves subject quired in §§ 265.1052 through 265.1062, to the requirements in § 265.1057 within shall comply with the following re- the hazardous waste management unit. quirements: [55 FR 25512, June 21, 1990, as amended at 71 (1) Monitoring shall comply with Ref- FR 16912, Apr. 4, 2006] erence Method 21 in 40 CFR part 60. (2) The detection instrument shall § 265.1062 Alternative standards for meet the performance criteria of Ref- valves in gas/vapor service or in erence Method 21. light liquid service: skip period leak (3) The instrument shall be cali- detection and repair. brated before use on each day of its use (a) An owner or operator subject to by the procedures specified in Ref- the requirements of § 265.1057 may elect erence Method 21. for all valves within a hazardous waste (4) Calibration gases shall be: management unit to comply with one (i) Zero air (less than 10 ppm of hy- of the alternative work practices speci- drocarbon in air). fied in paragraphs (b) (2) and (3) of this (ii) A mixture of methane or n- section. 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),
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265.1053(i), 265.1054, and 265.1057(f), the that analysis that could affect the test shall comply with the following waste total organic concentration. requirements: (e) If an owner or operator deter- (1) The requirements of paragraphs mines that a piece of equipment con- (b) (1) through (4) of this section shall tains or contacts a hazardous waste apply. with organic concentrations at least 10 (2) The background level shall be de- percent by weight, the determination termined, as set forth in Reference can be revised only after following the Method 21. procedures in paragraph (d)(1) or (d)(2) (3) The instrument probe shall be tra- of this section. versed around all potential leak inter- (f) When an owner or operator and faces as close to the interface as the Regional Administrator do not possible as described in Reference agree on whether a piece of equipment Method 21. contains or contacts a hazardous waste (4) The arithmetic difference between with organic concentrations at least 10 the maximum concentration indicated percent by weight, the procedures in by the instrument and the background paragraph (d)(1) or (d)(2) of this section level is compared with 500 ppm for de- can be used to resolve the dispute. termining compliance. (g) Samples used in determining the (d) In accordance with the waste percent organic content shall be rep- analysis plan required by § 265.13(b), an resentative of the highest total organic owner or operator of a facility must de- content hazardous waste that is ex- termine, for each piece of equipment, pected to be contained in or contact whether the equipment contains or the equipment. contacts a hazardous waste with or- (h) To determine if pumps or valves ganic concentration that equals or ex- are in light liquid service, the vapor ceeds 10 percent by weight using the pressures of constituents may be ob- following: tained from standard reference texts or may be determined by ASTM D–2879–86 (1) Methods described in ASTM Meth- (incorporated by reference under ods D 2267–88, E 169–87, E 168–88, E 260– § 260.11). 85 (incorporated by reference under § 260.11); (i) Performance tests to determine if a control device achieves 95 weight per- (2) Method 9060A (incorporated by cent organic emission reduction shall reference under § 260.11 of this chapter) comply with the procedures of § 265.1034 of ‘‘Test Methods for Evaluating Solid (c)(1) through (c)(4). Waste,’’ EPA Publication SW–846 or analyzed for its individual organic con- [55 FR 25512, June 21, 1990, as amended at 62 stituents; or FR 32463, June 13, 1997; 70 FR 34586, June 14, (3) Application of the knowledge of 2005; 71 FR 40276, July 14, 2006] the nature of the hazardous waste stream or the process by which it was § 265.1064 Recordkeeping require- ments. produced. Documentation of a waste determination by knowledge is re- (a)(1) Each owner or operator subject quired. Examples of documentation to the provisions of this subpart shall that shall be used to support a deter- comply with the recordkeeping re- mination under this provision include quirements of this section. production process information docu- (2) An owner or operator of more menting that no organic compounds than one hazardous waste management are used, information that the waste is unit subject to the provisions of this generated by a process that is identical subpart may comply with the record- to a process at the same or another fa- keeping requirements for these haz- cility that has previously been dem- ardous waste management units in one onstrated by direct measurement to recordkeeping system if the system have a total organic content less than identifies each record by each haz- 10 percent, or prior speciation analysis ardous waste management unit. results on the same waste stream (b) Owners and operators must record where it can also be documented that the following information in the facil- no process changes have occurred since ity operating record:
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(1) For each piece of equipment to and shall be kept in the facility oper- which subpart BB of part 265 applies: ating record: (i) Equipment identification number (1) The instrument and operator iden- and hazardous waste management unit tification numbers and the equipment identification. identification number. (ii) Approximate locations within the (2) The date evidence of a potential facility (e.g., identify the hazardous leak was found in accordance with waste management unit on a facility § 265.1058(a). plot plan). (3) The date the leak was detected (iii) Type of equipment (e.g., a pump and the dates of each attempt to repair or pipeline valve). the leak. (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 § 265.1063(b) after 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- (7) Documentation supporting the plementation schedule as specified in delay of repair of a valve in compliance § 265.1033(a)(2). with § 265.1059(c). (3) Where an owner or operator (8) The signature of the owner or op- chooses to use test data to dem- erator (or designate) whose decision it onstrate the organic removal efficiency was that repair could not be effected or total organic compound concentra- without a hazardous waste manage- tion achieved by the control device, a ment unit shutdown. performance test plan as specified in (9) The expected date of successful re- § 265.1035(b)(3). pair of the leak if a leak is not repaired (4) Documentation of compliance within 15 calendar days. with § 265.1060, including the detailed (10) The date of successful repair of design documentation or performance the leak. test results specified in § 265.1035(b)(4). (e) Design documentation and moni- (c) When each leak is detected as toring, operating, and inspection infor- specified in §§ 265.1052, 265.1053, 265.1057, mation for each closed-vent system and and 265.1058, the following require- control device required to comply with ments apply: the provisions of § 265.1060 shall be re- (1) A weatherproof and readily visible corded and kept up-to-date in the identification, marked with the equip- facility operating record as specified in ment identification number, the date § 265.1035(c). Design documentation is evidence of a potential leak was found specified in § 265.1035 (c)(1) and (c)(2) in accordance with § 265.1058(a), and the and monitoring, operating, and date the leak was detected, shall be at- inspection information in § 265.1035 tached to the leaking equipment. (c)(3)–(c)(8). (2) The identification on equipment, (f) For a control device other than a except on a valve, may be removed thermal vapor incinerator, catalytic after it has been repaired. vapor incinerator, flare, boiler, process (3) The identification on a valve may heater, condenser, or carbon adsorption be removed after it has been monitored system, monitoring and inspection in- for 2 successive months as specified in formation indicating proper operation § 265.1057(c) and no leak has been de- and maintenance of the control device tected during those 2 months. must be recorded in the facility oper- (d) When each leak is detected as ating record. specified in §§ 265.1052, 265.1053, 265.1057, (g) The following information per- and 265.1058, the following information taining to all equipment subject to the shall be recorded in an inspection log requirements in §§ 265.1052 through
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265.1060 shall be recorded in a log that (1) A schedule of monitoring. is kept in the facility operating record: (2) The percent of valves found leak- (1) A list of identification numbers ing during each monitoring period. for equipment (except welded fittings) (j) The following information shall be subject to the requirements of this recorded in a log that is kept in the fa- subpart. cility operating record: (2)(i) A list of identification numbers (1) Criteria required in §§ 265.1052 for equipment that the owner or oper- (d)(5)(ii) and 265.1053(e)(2) and an expla- ator elects to designate for no detect- nation of the criteria. able emissions, as indicated by an in- (2) Any changes to these criteria and strument reading of less than 500 ppm the reasons for the changes. 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
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§ 265.1064 of this subpart, or by docu- menting remedial activities required mentation of compliance with the reg- under the corrective action authorities ulations at 40 CFR part 60, part 61, or of RCRA sections 3004(u), 3004(v), or part 63 pursuant to the relevant provi- 3008(h); CERCLA authorities; or similar sions of the regulations at 40 part 60, Federal or State authorities. part 61, or part 63. The documentation (6) A waste management unit that is of compliance under regulation at 40 used solely for the management of ra- CFR part 60, part 61, or part 63 shall be dioactive mixed waste in accordance kept with or made readily available with all applicable regulations under with the facility operating record. the authority of the Atomic Energy [55 FR 25512, June 21, 1990, as amended at 56 Act and the Nuclear Waste Policy Act. FR 19290, Apr. 26, 1991; 61 FR 59971, Nov. 25, (7) A hazardous waste management 1996; 62 FR 64662, Dec. 8, 1997] unit that the owner or operator cer- tifies is equipped with and operating §§ 265.1065–265.1079 [Reserved] air emission controls in accordance with the requirements of an applicable Subpart CC—Air Emission Stand- Clean Air Act regulation codified under ards for Tanks, Surface Im- 40 CFR part 60, part 61, or part 63. For poundments, and Containers the purpose of complying with this paragraph, a tank for which the air emission control includes an enclosure, SOURCE: 59 FR 62935, Dec. 6, 1994, unless otherwise noted. as opposed to a cover, must be in com- pliance with the enclosure and control § 265.1080 Applicability. 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- (c) For the owner and operator of a poundments, or containers subject to facility subject to this subpart who has either subpart I, J, or K of this part ex- received a final permit under RCRA cept as § 265.1 and paragraph (b) of this section 3005 prior to December 6, 1996, section provide otherwise. the following requirements apply: (b) The requirements of this subpart (1) The requirements of 40 CFR part do not apply to the following waste 264, subpart CC shall be incorporated management units at the facility: into the permit when the permit is re- (1) A waste management unit that issued in accordance with the require- holds hazardous waste placed in the ments of 40 CFR 124.15 or reviewed in unit before December 6, 1996, and in accordance with the requirements of 40 which no hazardous waste is added to CFR 270.50(d). the unit on or after December 6, 1996. (2) Until the date when the permit is (2) A container that has a design ca- reissued in accordance with the re- pacity less than or equal to 0.1 m3. quirements of 40 CFR 124.15 or reviewed (3) A tank in which an owner or oper- in accordance with the requirements of ator has stopped adding hazardous 40 CFR 270.50(d), the owner and oper- waste and the owner or operator has ator is subject to the requirements of begun implementing or completed clo- this subpart. 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 § 265.1090(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
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hazardous waste generated by an or- termination of the Clean Air Act per- ganic peroxide manufacturing process mit issued pursuant to 40 CFR 52.2454. producing more than one functional (2) Notwithstanding paragraph (e)(1) family of organic peroxides or multiple of this section, any hazardous waste 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- Route 2, Sistersville, West Virginia tural derivative of hydrogen peroxide (‘‘Sistersville Plant’’). where one or both of the hydrogen (1)(i) Provided that the Sistersville atoms has been replaced by an organic Plant is in compliance with the re- radical. quirements of paragraph (f)(2) of this (2) The owner or operator prepares section, the requirements referenced in documentation, in accordance with the paragraph (f)(1)(iii) of this section are requirements of § 265.1090(i) of this sub- temporarily deferred, as specified in part, explaining why an undue safety 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 rarily deferred, with respect to the two paragraph (d)(1) of this section are hazardous waste surface impound- managed at the facility in tanks or ments, provided that the Sistersville containers meeting the conditions of Plant is in compliance with the re- paragraph (d)(2) of this section. The no- quirements of paragraphs (f)(2)(ii), tification shall state the name and ad- (f)(2)(iii), (f)(2)(iv), (f)(2)(v), (f)(2)(vi) dress of the facility, and be signed and and (g) of this section, except as pro- dated by an authorized representative vided under paragraph (f)(1)(ii)(B) of of the facility owner or operator. this section. The temporary deferral of (e)(1) Except as provided in paragraph the previous sentence shall be effective (e)(2) of this section, the requirements beginning on the date the Sistersville of this subpart do not apply to the Plant receives written notification of pharmaceutical manufacturing facil- revocation, and continuing for a max- ity, commonly referred to as the imum period of 18 months from that Stonewall Plant, located at Route 340 date, provided that the Sistersville South, Elkton, Virginia, provided that Plant is in compliance with the re- facility is operated in compliance with quirements of paragraphs (f)(2)(ii), the requirements contained in a Clean (f)(2)(iii), (f)(2)(iv), (f)(2)(v), (f)(2)(vi) Air Act permit issued pursuant to 40 and (g) of this section at all times dur- CFR 52.2454. The requirements of this ing that 18-month period. In no event subpart shall apply to the facility upon shall the temporary deferral continue
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to be effective after the MON Compli- pump, from the flash pot and surge ance Date. tank, and from the water stripper, no (B) In the event that a notification of later than April 1, 1998. revocation is issued pursuant to para- (B) The Sistersville Plant shall pro- graph (f)(3)(iv) of this section as a re- vide to the EPA and the West Virginia sult of the permanent removal of the Department of Environmental Protec- capper unit from methyl capped tion, written notification of the actual polyether production service, the re- date of initial start-up of the thermal quirements referenced in paragraph incinerator, and commencement of the (f)(1)(iii) of this section are tempo- methanol recovery operation. The rarily deferred, with respect to the two Sistersville Plant shall submit this hazardous waste surface impound- written notification as soon as prac- ments, provided that the Sistersville ticable, but in no event later than 15 Plant is in compliance with the re- days after such events. quirements of paragraphs (f)(2)(vi), and (ii) The Sistersville Plant shall in- (g) of this section. The temporary de- stall and operate the capper unit proc- ferral of the previous sentence shall be ess vent thermal incinerator according effective beginning on the date the to the requirements of paragraphs Sistersville Plant receives written no- (f)(2)(ii)(A) through (f)(2)(ii)(D) of this tification of revocation, and continuing section. for a maximum period of 18 months (A) Capper unit process vent thermal from that date, provided that the incinerator. Sistersville Plant is in compliance 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 in or by § 265.1086 that otherwise would weight-percent, or to a concentration apply to the two hazardous waste sur- of 20 parts per million by volume, on a face impoundments, including the dry basis, corrected to 3 percent oxy- closed-vent system and control device gen, whichever is less stringent. requirements of § 265.1088 of this part. (i) Prior to conducting the initial (2) Notwithstanding the effective pe- performance test required under para- riod and revocation provisions in para- graph (f)(2)(ii)(B) of this section, the graph (f)(3) of this section, the tem- Sistersville Plant shall operate the porary deferral provided in paragraph thermal incinerator at or above a min- (f)(1)(i) of this section is effective only imum temperature of 1600 Fahrenheit. if the Sistersville Plant meets the re- (ii) After the initial performance test quirements of paragraph (f)(2) of this required under paragraph (f)(2)(ii)(B) of section. this section, the Sistersville Plant (i) The Sistersville Plant shall install shall operate the thermal incinerator an air pollution control device on the at or above the minimum temperature polyether methyl capper unit (‘‘capper established during that initial perform- unit’’), implement a methanol recovery ance test. operation, and implement a waste (iii) The Sistersville Plant shall oper- minimization/pollution prevention ate the process vent thermal inciner- (‘‘WMPP’’) project. The installation ator at all times that the capper unit is and implementation of these require- being operated to manufacture prod- ments shall be conducted according to uct. the schedule described in paragraphs (2) The Sistersville Plant shall in- (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
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specifications, or other written proce- control device, each bypass device shall dures that provide adequate assurance be equipped with either a bypass flow that the equipment can reasonably be indicator or a seal or locking device as expected to control and monitor accu- specified in this paragraph. For the rately, and in a manner consistent purpose of complying with this para- with good engineering practices during graph, low leg drains, high point all periods when emissions are routed bleeds, analyzer vents, open-ended to the unit. valves or lines, spring-loaded pressure (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
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to the extent that the capper unit is vided that operation of the capper unit being operated during such period. without the thermal incinerator shall (4) Records of all periods during be limited to no more than 240 hours which there is flow through a bypass each calendar year. device. (6) For the purposes of paragraph (D) The Sistersville Plant shall com- (f)(2)(iii)(D) of this section, the ply with the start-up, shutdown, main- Sistersville Plant may use its oper- tenance and malfunction requirements ating procedures manual, or a plan de- contained in paragraphs (f)(2)(ii)(D)(1) veloped for other reasons, provided 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- of this section. dures for operating and maintaining (A) Closed-vent system. the thermal incinerator during periods (1) At all times when the process vent of start-up, shutdown and malfunction, thermal incinerator is operating, the and a program of corrective action for Sistersville Plant shall route the vent malfunctions of the thermal inciner- streams identified in paragraph (f)(2)(i) ator. of this section from the capper unit to (2) The plan shall include a detailed the thermal incinerator through a description of the actions the closed-vent system. Sistersville Plant will take to perform (2) The closed-vent system will be de- the functions described in paragraphs signed for and operated with no detect- (f)(2)(ii)(D)(2)(i) through able emissions, as defined in paragraph (f)(2)(ii)(D)(2)(iii) of this section. (f)(6) of this section. (i) Ensure that the thermal inciner- (B) The Sistersville Plant will com- ator is operated in a manner consistent ply with the performance standards set 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- (3) If at any time a defect or leak is tinue to operate the capper unit, pro- 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 (f)(2)(iv)(A) through (f)(2)(iv)(C) of this for reuse, recovery, or thermal recov- section. ery/treatment. The Sistersville Plant (A) The Sistersville Plant shall oper- may 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, 1200 Pennsylvania Ave., Report required under paragraph NW., Washington, DC 20460, Attention (f)(2)(viii)(C) of this section. L. Nancy Birnbaum, Mail Code 1812. (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- cording to the applicable procedures in (iv) The temporary deferral con- Method 301 of 40 CFR part 63, appendix tained in this section may be revoked A, may be used. The following proce- for cause, as determined by EPA, prior dures shall be used to calculate parts to the MON Compliance Date. The 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 i=1 x shall be measured as TOC minus meth- Where: ane and ethane, according to the proce- dures specified in paragraph (f)(4) of CTOC = Concentration of TOC (minus meth- ane and ethane), dry basis, parts per mil- this section. lion by volume. (i) Method 1 or 1A of 40 CFR part 60, Cji = Concentration of sample components j appendix A, as appropriate, shall be of sample i, dry basis, parts per million used for selection of the sampling sites. by 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 used to determine the oxygen con- j 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 TOC (minus methane or ethane) sam- and 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 CC= ⎜ ⎟ i o cm⎝ ⎠ and outlet of the control device, respec- 20.% 9 O2d tively, dry standard cubic meter per Where: minute. K = Constant, 2.494 × 10¥6 (parts per mil- C = Concentration of TOC corrected to 3 per- 2 c 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 C = Concentration of TOC (minus methane m per standard cubic meter) is 20 °C. and ethane), dry basis, parts per million by volume. (C) The percent reduction in TOC %O2d = Concentration of oxygen, dry basis, (minus methane and ethane) shall be percent by volume. calculated as follows: (iv) To determine compliance with the 98 percent reduction requirement of EE R = io()100 paragraph (f)(2)(ii)(A)(1) of this section, E the Sistersville Plant shall use Method i 18 of 40 CFR part 60, appendix A; alter- where: natively, any other method or data R = Control efficiency of control device, per- that has been validated according to cent. the applicable procedures in Method 301 Ei = Mass rate of TOC (minus methane and 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. ficiency: Eo = Mass rate of TOC (minus methane and (A) The minimum sampling time for ethane) at the outlet of the control de- each run shall be 1 hour in which either vice, as calculated under paragraph an integrated sample or a minimum of (f)(4)(iv)(B) of this section, kilograms four grab samples shall be taken. If TOC per hour. grab sampling is used, then the sam- (5) At the time of the initial perform- ples shall be taken at approximately ance test of the process vent thermal equal intervals in time such as 15 incinerator required under paragraph minute intervals during the run. (f)(2)(ii)(B) of this section, the (B) The mass rate of TOC minus Sistersville Plant shall inspect each methane and ethane (Ei, Eo) shall be closed vent system according to the computed. All organic compounds procedures specified in paragraphs (minus methane and ethane) measured (f)(5)(i) through (f)(5)(vi) of this sec- by Method 18 of 40 CFR part 60, Appen- tion. dix A are summed using the following (i) The initial inspections shall be equations: conducted in accordance with Method 21 of 40 CFR part 60, appendix A. ⎛ n ⎞ (ii)(A) Except as provided in para- EK= ⎜∑ CMQ⎟ graph (f)(5)(ii)(B) of this section, the iijij2 i detection instrument shall meet the ⎝ j=1 ⎠ performance criteria of Method 21 of 40 ⎛ n ⎞ CFR part 60, appendix A, except the in- EK= ⎜∑ CMQ⎟ strument response factor criteria in oojoj2 ⎝ ⎠ o section 3.1.2(a) of Method 21 of 40 CFR j=1 part 60, appendix A shall be for the av- Where: erage composition of the process fluid
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not each individual volatile organic with 500 parts per million for deter- compound in the stream. For process mining compliance. streams that contain nitrogen, air, or (6) Definitions of terms as used in other inerts which are not organic haz- paragraphs (f) and (g) of this section. ardous air pollutants or volatile or- (i) Closed vent system is defined as a ganic compounds, the average stream system that is not open to the atmos- response factor shall be calculated on phere and that is composed of piping, an inert-free basis. connections and, if necessary, flow-in- (B) If no instrument is available at ducing devices that transport gas or the plant site that will meet the per- vapor from the capper unit process formance criteria specified in para- vent to the thermal incinerator. graph (f)(5)(ii)(A) of this section, the (ii) No detectable emissions means an instrument readings may be adjusted instrument reading of less than 500 by multiplying by the average response parts per million by volume above factor of the process fluid, calculated background as determined by Method on an inert-free basis as described in 21 in 40 CFR part 60. paragraph (f)(5)(ii)(A) of this section. (iii) Reuse includes the substitution (iii) The detection instrument shall of collected methanol (without rec- be calibrated before use on each day of lamation subsequent to its collection) its use by the procedures specified in for virgin methanol as an ingredient Method 21 of 40 CFR part 60, appendix (including uses as an intermediate) or A. as an effective substitute for a com- (iv) Calibration gases shall be as fol- mercial product. lows: (iv) Recovery includes the substi- (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
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instantaneous data value at least once Tetrachloroethane; 1,1,2 Trichloro 1,2,2 every fifteen minutes. Triflouroethane; 1,1,2 Trichloroethane; (x) MON means the National Emis- 1,1,2,2 Tetrachloroethane; 1,2 sion Standards for Hazardous Air Pol- Dichlorobenzene; 1,2 Dichloroethane; lutants for the source category Mis- 1,2 Dichloropropane; 1,2 cellaneous Organic Chemical Produc- Dichloropropanone; 1,2 tion and Processes (‘‘MON’’), promul- Transdichloroethene; 1,2, Trans— gated under the authority of Section Dichloroethene; 1,2,4,5 112 of the Clean Air Act. Tetrachlorobenzine; 1,3 (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- sume the rights and obligations under cury; Methanol; Methoxychlor; Methyl this section at least forty-five days Chloride; Methyl Chloroformate; Meth- 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
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shall, in accordance with the imple- than 18 months after the date the mentation schedule submitted to EPA Sistersville Plant receives written no- under paragraph (g)(1)(ii) of this sec- tification of revocation, or the MON tion, either come into compliance with Compliance Date, whichever is sooner) all requirements of this subpart which with all regulatory requirements that had been deferred by paragraph (f)(1)(i) had been deferred under paragraph of this section, or complete a facility (f)(1)(i) of this section, or to complete a or process modification such that the facility or process modification as soon requirements of § 265.1086 are no longer as practicable (but no later than 18 applicable to the two hazardous waste months after the date the Sistersville 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 (B) Specific calendar dates for the section (but no later than the MON purchase, installation, performance Compliance Date), the Sistersville testing and initiation of operation of Plant shall either come into compli- equipment to accomplish a facility or ance with the regulatory requirements process modification such that the re- that had been deferred by paragraph quirements of § 265.1086 are no longer (f)(1)(i) of this section, or complete a applicable to the two hazardous waste facility or process modification such surface impoundments. that the requirements of § 265.1086 are (2) Nothing in paragraphs (f) or (g) of no longer applicable to the two haz- this section shall affect any regulatory ardous waste surface impoundments. requirements not referenced in para- Within 30 days from the date the graph (f)(2)(i) or (ii) of this section, as Sistersville Plant receives written no- applicable to the Sistersville Plant. tification of revocation under para- (3) In the event that a notification of graph (f)(3)(iv) of this section, the revocation is issued pursuant to para- Sistersville Plant shall submit a copy graph (f)(3)(iv) of this section, the re- of the implementation schedule to the quirements referenced in paragraph EPA and WVDEP Project XL contacts (f)(1)(iii) of this section are tempo- identified in paragraph (f)(2)(viii)(H) of rarily deferred, with respect to the two this section. The implementation hazardous waste surface impound- schedule shall reflect the Sistersville ments, provided that the Sistersville Plant’s effort to come into compliance Plant is in compliance with the re- as soon as practicable (but no later quirements of paragraphs (f)(2)(ii),
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(f)(2)(iii), (f)(2)(iv), (f)(2)(v), (f)(2)(vi) Average volatile organic concentration and (g) of this section, except as pro- or average VO concentration means the vided under paragraph (g)(4) of this sec- mass-weighted average volatile organic tion. The temporary deferral of the concentration of a hazardous waste as previous sentence shall be effective be- determined in accordance with the re- ginning on the date the Sistersville quirements of § 265.1084 of this subpart. Plant receives written notification of Closure device means a cap, hatch, lid, revocation, and subject to paragraph plug, seal, valve, or other type of fit- (g)(5) of this section, shall continue to ting that blocks an opening in a cover be effective for a maximum period of 18 such that when the device is secured in months from that date, provided that the closed position it prevents or re- the Sistersville Plant is in compliance duces air pollutant emissions to the at- with the requirements of paragraphs mosphere. Closure devices include de- (f)(2)(ii), (f)(2)(iii), (f)(2)(iv), (f)(2)(v), (f)(2)(vi) and (g) of this section at all vices that are detachable from the times during that 18-month period. cover (e.g., a sampling port cap), manu- (4) In the event that a notification of ally operated (e.g., a hinged access lid revocation is issued pursuant to para- or hatch), or automatically operated graph (f)(3)(iv) of this section as a re- (e.g., a spring-loaded pressure relief sult of the permanent removal of the valve). capper unit from methyl capped Continuous seal means a seal that polyether production service, the re- forms a continuous closure that com- quirements referenced in paragraph pletely covers the space between the (f)(1)(iii) of this section are tempo- edge of the floating roof and the wall of rarily deferred, with respect to the two a tank. A continuous seal may be a hazardous waste surface impound- vapor-mounted seal, liquid-mounted ments, provided that the Sistersville seal, or metallic shoe seal. A contin- Plant is in compliance with the re- uous seal may be constructed of fas- quirements of paragraphs (f)(2)(vi), and tened segments so as to form a contin- (g) of this section. The temporary de- uous seal. ferral of the previous sentence shall be Cover means a device that provides a effective beginning on the date the continuous barrier over the hazardous Sistersville Plant receives written no- waste managed in a unit to prevent or tification of revocation, and subject to reduce air pollutant emissions to the paragraph (g)(5) of this section, shall atmosphere. A cover may have open- continue to be effective for a maximum ings (such as access hatches, sampling period of 18 months from that date, provided that the Sistersville Plant is ports, gauge wells) that are necessary in compliance with the requirements of for operation, inspection, maintenance, paragraphs (f)(2)(vi) and (g) of this sec- and repair of the unit on which the tion at all times during that 18-month cover is used. A cover may be a sepa- period. rate piece of equipment which can be (5) In no event shall the temporary detached and removed from the unit or deferral provided under paragraph a cover may be formed by structural (g)(3) or (g)(4) of this section be effec- features permanently integrated into tive after the MON Compliance Date. the design of the unit. Enclosure means a structure that sur- [59 FR 62935, Dec. 6, 1994] rounds a tank or container, captures EDITORIAL NOTE: For FEDERAL REGISTER ci- organic vapors emitted from the tank tations affecting § 265.1080, see the List of or container, and vents the captured CFR Sections Affected, which appears in the vapors through a closed-vent system to Finding Aids section of the printed volume and at www.govinfo.gov. a control device. External floating roof means a pon- § 265.1081 Definitions. toon-type or double-deck type cover that rests on the surface of the mate- As used in this subpart, all terms not 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 or greater than 20 percent by weight. in a manner similar to the use of the term Internal floating roof means a cover ‘‘point of generation’’ in air standards estab- that rests or floats on the material sur- lished for waste management operations face (but not necessarily in complete under authority of the Clean Air Act in 40 contact with it) inside a tank that has CFR parts 60, 61, and 63.] a fixed roof. (2) When the facility owner and oper- Liquid-mounted seal means a foam or ator are not the generator of the haz- liquid-filled primary seal mounted in ardous waste, point of waste origina- contact with the hazardous waste be- tion means the point where the owner tween the tank wall and the floating or operator accepts delivery or takes roof continuously around the circum- possession of the hazardous waste. ference of the tank. Point of waste treatment means the Malfunction means any sudden, infre- point where a hazardous waste to be quent, and not reasonably preventable treated in accordance with failure of air pollution control equip- § 265.1083(c)(2) of this subpart exits the ment, process equipment, or a process treatment process. Any waste deter- to operate in a normal or usual man- mination shall be made before the ner. Failures that are caused in part by waste is conveyed, handled, or other- poor maintenance or careless operation wise managed in a manner that allows are not malfunctions. the waste to volatilize to the atmos- Maximum organic vapor pressure phere. means the sum of the individual or- Safety device means a closure device ganic constituent partial pressures ex- such as a pressure relief valve, fran- erted by the material contained in a gible disc, fusible plug, or any other tank, at the maximum vapor pressure- type of device which functions exclu- causing conditions (i.e., temperature, sively to prevent physical damage or agitation, pH effects of combining permanent deformation to a unit or its
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air emission control equipment by cordance with the requirements of venting gases or vapors directly to the § 265.1084 of this subpart to determine atmosphere during unsafe conditions whether a hazardous waste meets resulting from an unplanned, acci- standards specified in this subpart. Ex- dental, or emergency event. For the amples of a waste determination in- purpose of this subpart, a safety device clude performing the procedures in ac- is not used for routine venting of gases cordance with the requirements of or vapors from the vapor headspace un- § 265.1084 of this subpart to determine derneath a cover such as during filling the average VO concentration of a haz- of the unit or to adjust the pressure in ardous waste at the point of waste this vapor headspace in response to origination; the average VO concentra- normal daily diurnal ambient tempera- tion of a hazardous waste at the point ture fluctuations. A safety device is de- of waste treatment and comparing the 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 process used to treat a hazardous waste determined by the owner or operator and comparing the results to the appli- based on manufacturer recommenda- cable standards; or the maximum vola- tions, applicable regulations, fire pro- tile organic vapor pressure for a haz- tection and prevention codes, standard ardous waste in a tank and comparing engineering codes and practices, or the results to the applicable standards. other requirements for the safe han- Waste stabilization process means any dling of flammable, ignitable, explo- physical or chemical process used to ei- sive, reactive, or hazardous materials. ther reduce the mobility of hazardous Single-seal system means a floating constituents in a hazardous waste or roof having one continuous seal. This eliminate free liquids as determined by seal may be vapor-mounted, liquid- Test Method 9095B (Paint Filter Liq- mounted, or a metallic shoe seal. uids Test) in ‘‘Test Methods for Evalu- Vapor-mounted seal means a contin- ating Solid Waste, Physical/Chemical uous seal that is mounted such that Methods,’’ EPA Publication SW–846, as there is a vapor space between the haz- incorporated by reference in § 260.11. A ardous waste in the unit and the bot- waste stabilization process includes tom of the seal. mixing the hazardous waste with bind- Volatile organic concentration or VO ers or other materials, and curing the concentration means the fraction by resulting hazardous waste and binder weight of the volatile organic com- mixture. Other synonymous terms used pounds contained in a hazardous waste to refer to this process are ‘‘waste fixa- expressed in terms of parts per million tion’’ or ‘‘waste solidification.’’ This (ppmw) as determined by direct meas- does not include the adding of absorb- urement or by knowledge of the waste ent materials to the surface of a waste, in accordance with the requirements of without mixing, agitation, or subse- § 265.1084 of this subpart. For the pur- quent curing, to absorb free liquid. pose of determining the VO concentra- [59 FR 62935, Dec. 6, 1994, as amended at 61 tion of a hazardous waste, organic com- FR 4914, Feb. 9, 1996; 61 FR 59971, Nov. 25, pounds with a Henry’s law constant 1996; 62 FR 64662, Dec. 8, 1997; 70 FR 34586, value of at least 0.1 mole-fraction-in- June 14, 2005] the-gas-phase/mole-fraction-in the liq- uid-phase (0.1 Y/X) (which can also be § 265.1082 Schedule for implementa- expressed as 1.8 × 10¥6 atmospheres/ tion of air emission standards. gram-mole/m3) at 25 degrees Celsius (a) Owners or operators of facilities must be included. Appendix VI of this existing on December 6, 1996 and sub- subpart presents a list of compounds ject to subparts I, J, and K of this part known to have a Henry’s law constant shall meet the following requirements: value less than the cutoff level. (1) Install and begin operation of all Waste determination means per- control equipment or waste manage- forming all applicable procedures in ac- ment units required to comply with
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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 of control equipment or waste manage- months after the effective date of the ment units, and modifications of pro- amendment. duction or treatment processes; com- (ii) For facilities subject to the rec- pletion of control equipment or waste ordkeeping requirements of § 265.73 of management unit installation, and pro- this part, enter and maintain the im- duction or treatment process modifica- plementation schedule specified in tions; and performance of testing to paragraph (a)(2)(ii) of this section in demonstrate that the installed equip- the operating record no later than the ment or waste management units, and effective date of the amendment, or modified production or treatment proc- (iii) For facilities not subject to esses meet the applicable standards of § 265.73 of this part, the owner or oper- this subpart. ator shall enter and maintain the im- (iii) For facilities subject to the rec- plementation schedule specified in ordkeeping requirements of § 265.73 of paragraph (a)(2)(ii) of this section in a this part, the owner or operator shall permanent, readily available file lo- enter the implementation schedule cated at the facility site no later than specified in paragraph (a)(2)(ii) of this the effective date of the amendment. section in the operating record no later (c) Owners and operators of facilities than December 6, 1996. and units that become newly subject to (iv) For facilities not subject to the requirements of this subpart after § 265.73 of this part, the owner or oper- December 8, 1997 due to an action other ator shall enter the implementation than those described in paragraph (b) schedule specified in paragraph of this section must comply with all (a)(2)(ii) of this section in a permanent, applicable requirements immediately readily available file located at the fa- (i.e., must have control devices in- cility no later than December 6, 1996. stalled and operating on the date the (b) Owners or operators of facilities facility or unit becomes subject to this and units in existence on the effective subpart; the 30-month implementation date of a statutory or EPA regulatory schedule does not apply).
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(d) The Regional Administrator may the average VO concentration of the elect to extend the implementation hazardous waste at the point of waste date for control equipment at a facil- treatment is less than the exit con- ity, on a case by case basis, to a date centration limit (Ct) established for the later than December 8, 1997, when spe- process. The average VO concentration cial circumstances that are beyond the of the hazardous waste at the point of facility owner’s or operator’s control waste treatment and the exit con- delay installation or operation of con- centration limit for the process shall trol equipment, and the owner or oper- be determined using the procedures ator has made all reasonable and pru- specified in § 265.1084(b) of this subpart. dent attempts to comply with the re- (ii) A process that removes or de- quirements of this subpart. stroys the organics contained in the [62 FR 64662, Dec. 8, 1997] hazardous waste to a level such that the organic reduction efficiency (R) for § 265.1083 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- §§ 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 origination of less than 500 parts per (iv) A biological process that de- million by weight (ppmw). The average stroys or degrades the organics con- VO concentration shall be determined tained in the hazardous waste, such using the procedures specified in that either of the following conditions § 265.1084(a) of this subpart. The owner is met: or operator shall review and update, as (A) The organic reduction efficiency necessary, this determination at least (R) for the process is equal to or great- once every 12 months following the er than 95 percent, and the organic bio- date of the initial determination for degradation efficiency (Rbio) for the the hazardous waste streams entering process is equal to or greater than 95 the unit. percent. The organic reduction effi- (2) A tank, surface impoundment, or ciency and the organic biodegradation container for which the organic con- efficiency for the process shall be de- tent of all the hazardous waste enter- termined using the procedures speci- ing the waste management unit has fied in § 265.1084(b) of this subpart. been reduced by an organic destruction (B) The total actual organic mass or removal process that achieves any biodegradation rate (MRbio) for all haz- one of the following conditions: ardous waste treated by the process is (i) A process that removes or de- equal to or greater than the required stroys the organics contained in the organic mass removal rate (RMR). The hazardous waste to a level such that required organic mass removal rate
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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- requirements of 40 CFR part 264, sub- ment units which use air emission con- part O; or trols in accordance with the standards (B) Has designed and operates the in- specified in § 265.1085 through § 265.1088 cinerator in accordance with the in- of this subpart, as applicable to the terim status requirements of subpart O waste management unit. of this part. (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 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 (A) If Method 25D in 40 CFR part 60, origination shall be determined using appendix A is used for the analysis, the procedures specified in § 265.1084(a) one-half the blank value determined in of this subpart. The average VO con- the method at section 4.4 of Method centration of the hazardous waste at 25D in 40 CFR part 60, appendix A, or a the point of waste treatment shall be value of 25 ppmw, whichever is less. determined using the procedures speci- (B) If any other analytical method is fied in § 265.1084(b) of this subpart. used, one-half the sum of the limits of (vi) A process that removes or de- detection established for each organic stroys the organics contained in the constituent in the waste that has a hazardous waste to a level such that Henry’s law constant value at least 0.1 the organic reduction efficiency (R) for mole-fraction-in-the-gas-phase/mole- the process is equal to or greater than fraction-in-the-liquid-phase (0.1 Y/X) 95 percent and the owner or operator [which can also be expressed as 1.8 × certifies that the average VO con- 10¥6 atmospheres/gram-mole/m3] at 25 centration at the point of waste origi- degrees Celsius. nation for each of the individual waste (3) A tank or surface impoundment streams entering the process is less used for biological treatment of haz- than 10,000 ppmw. The organic reduc- ardous waste in accordance with the
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requirements of paragraph (c)(2)(iv) of the owner or operator perform a waste this section. determination for a hazardous waste (4) A tank, surface impoundment, or managed in a tank, surface impound- container for which all hazardous ment, or container exempted from waste placed in the unit either: using air emission controls under the (i) Meets the numerical concentra- provisions of this section as follows: tion limits for organic hazardous con- (1) The waste determination for aver- stituents, applicable to the hazardous age VO concentration of a hazardous waste, as specified in 40 CFR part 268— waste at the point of waste origination Land Disposal Restrictions under Table shall be performed using direct meas- ‘‘Treatment Standards for Hazardous urement in accordance with the appli- Waste’’ in 40 CFR 268.40; or cable requirements of § 265.1084(a) of (ii) The organic hazardous constitu- this subpart. The waste determination ents in the waste have been treated by for a hazardous waste at the point of the treatment technology established waste treatment shall be performed in by the EPA for the waste in 40 CFR accordance with the applicable require- 268.42(a), or have been removed or de- ments of § 265.1084(b) of this subpart. stroyed by an equivalent method of (2) In performing a waste determina- treatment approved by EPA pursuant tion pursuant to paragraph (d)(1) of to 40 CFR 268.42(b). this section, the sample preparation (5) A tank used for bulk feed of haz- and analysis shall be conducted as fol- ardous waste to a waste incinerator lows: and all of the following conditions are (i) In accordance with the method met: used by the owner or operator to per- (i) The tank is located inside an en- form the waste analysis, except in the closure vented to a control device that case specified in paragraph (d)(2)(ii) of is designed and operated in accordance this section. with all applicable requirements speci- (ii) If the Regional Administrator de- fied under 40 CFR part 61, subpart FF— termines that the method used by the National Emission Standards for Ben- owner or operator was not appropriate zene Waste Operations for a facility at for the hazardous waste managed in which the total annual benzene quan- the tank, surface impoundment, or tity from the facility waste is equal to container, then the Regional Adminis- or greater than 10 megagrams per year; trator may choose an appropriate (ii) The enclosure and control device method. serving the tank were installed and (3) In a case when the owner or oper- began operation prior to November 25, ator is requested to perform the waste 1996; and determination, the Regional Adminis- (iii) The enclosure is designed and op- trator may elect to have an authorized erated in accordance with the criteria representative observe the collection of for a permanent total enclosure as the hazardous waste samples used for specified in ‘‘Procedure T—Criteria for the analysis. and Verification of a Permanent or (4) In a case when the results of the Temporary Total Enclosure’’ under 40 waste determination performed or re- CFR 52.741, Appendix B. The enclosure quested by the Regional Administrator may have permanent or temporary do not agree with the results of a waste openings to allow worker access; pas- determination performed by the owner sage of material into or out of the en- or operator using knowledge of the closure by conveyor, vehicles, or other waste, then the results of the waste de- mechanical or electrical equipment; or termination performed in accordance to direct air flow into the enclosure. with the requirements of paragraph The owner or operator shall perform (d)(1) of this section shall be used to es- the verification procedure for the en- tablish compliance with the require- closure as specified in Section 5.0 to ments of this subpart. ‘‘Procedure T—Criteria for and (5) In a case when the owner or oper- Verification of a Permanent or Tem- ator has used an averaging period porary Total Enclosure’’ annually. greater than 1 hour for determining the (d) The Regional Administrator may average VO concentration of a haz- at any time perform or request that ardous waste at the point of waste
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origination, the Regional Adminis- (1) An owner or operator shall deter- trator may elect to establish compli- mine the average VO concentration at ance with this subpart by performing the point of waste origination for each or requesting that the owner or oper- hazardous waste placed in a waste ator perform a waste determination management unit exempted under the using direct measurement based on provisions of § 265.1083(c)(1) of this sub- waste samples collected within a 1- part from using air emission controls hour period as follows: in accordance with standards specified (i) The average VO concentration of in § 265.1085 through § 265.1088 of this the hazardous waste at the point of subpart, as applicable to the waste waste origination shall be determined management unit. by direct measurement in accordance with the requirements of § 265.1084(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 § 265.1083(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 VO concentration determined by direct measurement for limit specified in § 265.1083(c)(1) of this any given 1-hour period may be equal subpart. to or greater than 500 ppmw, informa- tion that was used by the owner or op- (2) For a waste determination that is erator to determine the average VO required by paragraph (a)(1) of this sec- concentration of the hazardous waste tion, the average VO concentration of a (e.g., test results, measurements, cal- hazardous waste at the point of waste culations, and other documentation) origination shall be determined using and recorded in the facility records in either direct measurement as specified accordance with the requirements of in paragraph (a)(3) of this section or by § 265.1084(a) and § 265.1090 of this subpart knowledge as specified in paragraph shall be considered by the Regional Ad- (a)(4) of this section. ministrator together with the results (3) Direct measurement to determine of the waste determination performed average VO concentration of a haz- or requested by the Regional Adminis- ardous waste at the point of waste trator in establishing compliance with origination. this subpart. (i) Identification. The owner or oper- [61 FR 59972, Nov. 25, 1996, as amended at 62 ator shall identify and record the point FR 64663, Dec. 8, 1997] of waste origination for the hazardous waste. § 265.1084 Waste determination proce- (ii) Sampling. Samples of the haz- dures. ardous waste stream shall be collected (a) Waste determination procedure to at the point of waste origination in a determine average volatile organic manner such that volatilization of (VO) concentration of a hazardous organics contained in the waste and in waste at the point of waste origination. the subsequent sample is minimized
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and an adequately representative sam- the source or process generating the ple is collected and maintained for hazardous waste represented by the analysis by the selected method. samples. (A) The averaging period to be used (iii) Analysis. Each collected sample for determining the average VO con- shall be prepared and analyzed in ac- centration for the hazardous waste cordance with Method 25D in 40 CFR stream on a mass-weighted average part 60, appendix A for the total con- basis shall be designated and recorded. centration of volatile organic constitu- The averaging period can represent any ents, or using one or more methods time interval that the owner or oper- when the individual organic compound ator determines is appropriate for the concentrations are identified and hazardous waste stream but shall not summed and the summed waste con- exceed 1 year. centration accounts for and reflects all (B) A sufficient number of samples, organic compounds in the waste with but no less than four samples, shall be Henry’s law constant values at least 0.1 collected and analyzed for a hazardous mole-fraction-in-the-gas-phase/mole- waste determination. All of the sam- fraction-in-the-liquid-phase (0.1 Y/X) ples for a given waste determination [which can also be expressed as 1.8 × shall be collected within a one-hour pe- 10¥6 atmospheres/gram-mole/m3] at 25 riod. The average of the four or more degrees Celsius. At the owner or opera- sample results constitutes a waste de- tor’s discretion, the owner or operator termination for the waste stream. One may adjust test data obtained by any or more waste determinations may be appropriate method to discount any required to represent the complete contribution to the total volatile or- range of waste compositions and quan- ganic concentration that is a result of tities that occur during the entire including a compound with a Henry’s averaging period due to normal vari- law constant value of less than 0.1 Y/X ations in the operating conditions for at 25 degrees Celsius. To adjust these the source or process generating the data, the measured concentration of hazardous waste stream. Examples of each individual chemical constituent such normal variations are seasonal contained in the waste is multiplied by variations in waste quantity or fluc- the appropriate constituent-specific tuations in ambient temperature. adjustment factor (fm25D). If the owner (C) All samples shall be collected and or operator elects to adjust test data, handled in accordance with written the adjustment must be made to all in- procedures prepared by the owner or dividual chemical constituents with a operator and documented in a site sam- Henry’s law constant value greater pling plan. This plan shall describe the than or equal to 0.1 Y/X at 25 degrees procedure by which representative Celsius contained in the waste. Con- samples of the hazardous waste stream stituent-specific adjustment factors are collected such that a minimum loss (fm25D) can be obtained by contacting of organics occurs throughout the sam- the Waste and Chemical Processes ple collection and handling process, Group, Office of Air Quality Planning and by which sample integrity is main- and Standards, Research Triangle tained. A copy of the written sampling Park, NC 27711. Other test methods plan shall be maintained on-site in the may be used if they meet the require- facility operating records. An example ments in paragraph (a)(3)(iii)(A) or (B) of acceptable sample collection and of this section and provided the re- handling procedures for a total volatile quirement to reflect all organic com- organic constituent concentration may pounds in the waste with Henry’s law be found in Method 25D in 40 CFR part constant values greater than or equal 60, appendix A. to 0.1 Y/X [which can also be expressed (D) Sufficient information, as speci- as 1.8 × 10¥6 atmospheres/gram-mole/ fied in the ‘‘site sampling plan’’ re- m3] at 25 degrees Celsius, is met. quired under paragraph (a)(3)(ii)(C) of (A) Any EPA standard method that this section, shall be prepared and re- has been validated in accordance with corded to document the waste quantity ‘‘Alternative Validation Procedure for represented by the samples and, as ap- EPA Waste and Wastewater Methods,’’ plicable, the operating conditions for 40 CFR part 63, appendix D.
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(B) Any other analysis method that (2) If any other analytical method is has been validated in accordance with used, one-half the sum of the limits of the procedures specified in Section 5.1 detection established for each organic or Section 5.3, and the corresponding constituent in the waste that has a calculations in Section 6.1 or Section Henry’s law constant values at least 0.1 6.3, of Method 301 in 40 CFR part 63, ap- mole-fraction-in-the-gas-phase/mole- pendix A. The data are acceptable if fraction-in-the-liquid-phase (0.1 Y/X) they meet the criteria specified in Sec- [which can also be expressed as 1.8 × tion 6.1.5 or Section 6.3.3 of Method 301. 10¥6 atmospheres/gram-mole/m3] at 25 If correction is required under section degrees Celsius. 6.3.3 of Method 301, the data are accept- (v) Provided that the test method is able if the correction factor is within appropriate for the waste as required the range 0.7 to 1.30. Other sections of under paragraph (a)(3)(iii) of this sec- Method 301 are not required. tion, the EPA will determine compli- (iv) Calculations. ance based on the test method used by (A) The average VO concentration (C¯ ) the owner or operator as recorded pur- on a mass-weighted basis shall be cal- suant to § 265.1090(f)(1) of this subpart. culated by using the results for all (4) Use of owner or operator knowl- waste determinations conducted in ac- edge to determine average VO con- cordance with paragraphs (a)(3) (ii) and centration of a hazardous waste at the (iii) of this section and the following point of waste origination. equation: (i) Documentation shall be prepared η that presents the information used as 1 C =×∑()QC × the basis for the owner’s or operator’s Q ii knowledge of the hazardous waste T i=1 stream’s average VO concentration. where: Examples of information that may be C¯ = Average VO concentration of the haz- used as the basis for knowledge in- ardous waste at the point of waste origi- clude: Material balances for the source nation on a mass-weighted basis, ppmw. or process generating the hazardous i = Individual waste determination ‘‘i’’ of the waste stream; constituent-specific hazardous waste. n = Total number of waste determinations of chemical test data for the hazardous the hazardous waste conducted for the waste stream from previous testing averaging period (not to exceed 1 year). that are still applicable to the current Qi = Mass quantity of hazardous waste waste stream; previous test data for stream represented by Ci, kg/hr. other locations managing the same QT = Total mass quantity of hazardous waste type of waste stream; or other knowl- during the averaging period, kg/hr. edge based on information included in Ci = Measured VO concentration of waste de- manifests, shipping papers, or waste termination ‘‘i’’ as determined in accord- ance with the requirements of paragraph certification notices. (a)(3)(iii) of this section (i.e. the average (ii) If test data are used as the basis of the four or more samples specified in for knowledge, then the owner or oper- paragraph (a)(3)(ii)(B) of this section), ator shall document the test method, ppmw. sampling protocol, and the means by (B) For the purpose of determining which sampling variability and analyt- Ci, for individual waste samples ana- ical variability are accounted for in lyzed in accordance with paragraph the determination of the average VO (a)(3)(iii) of this section, the owner or concentration. For example, an owner operator shall account for VO con- or operator may use organic concentra- centrations determined to be below the tion test data for the hazardous waste limit of detection of the analytical stream that are validated in accord- method by using the following VO con- ance with Method 301 in 40 CFR part 63, centration: appendix A as the basis for knowledge (1) If Method 25D in 40 CFR part 60, of the waste. appendix A is used for the analysis, (iii) An owner or operator using one-half the blank value determined in chemical constituent-specific con- the method at section 4.4 of Method centration test data as the basis for 25D in 40 CFR part 60, appendix A. knowledge of the hazardous waste may
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adjust the test data to the cor- (ii) Perform a new waste determina- responding average VO concentration tion whenever changes to the process value which would have been obtained generating or treating the waste had the waste samples been analyzed stream are reasonably likely to cause using Method 25D in 40 CFR part 60, ap- the average VO concentration of the pendix A. To adjust these data, the hazardous waste to increase to a level measured concentration for each indi- such that the applicable treatment vidual chemical constituent contained conditions specified in § 265.1083(c)(2), in the waste is multiplied by the appro- § 265.1083(c)(3), or § 265.1083(c)(4) of this priate constituent-specific adjustment subpart are not achieved. factor (fm25D). (2) The owner or operator shall des- (iv) In the event that the Regional ignate and record the specific provision Administrator and the owner or oper- in § 265.1083(c)(2) of this subpart under ator disagree on a determination of the which the waste determination is being average VO concentration for a haz- performed. The waste determination ardous waste stream using knowledge, for the treated hazardous waste shall then the results from a determination be performed using the applicable pro- of average VO concentration using di- cedures specified in paragraphs (b)(3) rect measurement as specified in para- through (b)(9) of this section. graph (a)(3) of this section shall be used (3) Procedure to determine the aver- to establish compliance with the appli- age VO concentration of a hazardous cable requirements of this subpart. The waste at the point of waste treatment. Regional Administrator may perform (i) Identification. The owner or oper- or request that the owner or operator ator shall identify and record the point perform this determination using di- of waste treatment for the hazardous rect measurement. The owner or oper- waste. ator may choose one or more appro- (ii) Sampling. Samples of the haz- priate methods to analyze each col- ardous waste stream shall be collected lected sample in accordance with the at the point of waste treatment in a requirements of paragraph (a)(3)(iii) of manner such that volatilization of this section. organics contained in the waste and in (b) Waste determination procedures the subsequent sample is minimized for treated hazardous waste. and an adequately representative sam- (1) An owner or operator shall per- ple is collected and maintained for form the applicable waste determina- analysis by the selected method. tion for each treated hazardous waste (A) The averaging period to be used placed in a waste management unit ex- for determining the average VO con- empted under the provisions of centration for the hazardous waste § 265.1083 (c)(2)(i) through (c)(2)(vi) of stream on a mass-weighted average this subpart from using air emission basis shall be designated and recorded. controls in accordance with standards The averaging period can represent any specified in §§ 265.1085 through 265.1088 time interval that the owner or oper- of this subpart, as applicable to the ator determines is appropriate for the waste management unit. hazardous waste stream but shall not (i) An initial determination of the exceed 1 year. average VO concentration of the waste (B) A sufficient number of samples, stream shall be made before the first but no less than four samples, shall be time any portion of the material in the collected and analyzed for a hazardous treated waste stream is placed in a waste determination. All of the sam- waste management unit exempted ples for a given waste determination under the provisions of § 265.1083(c)(2), shall be collected within a one-hour pe- § 265.1083(c)(3), or § 265.1083(c)(4) of this riod. The average of the four or more subpart from using air emission con- sample results constitutes a waste de- trols, and thereafter update the infor- termination for the waste stream. One mation used for the waste determina- or more waste determinations may be tion at least once every 12 months fol- required to represent the complete lowing the date of the initial waste de- range of waste compositions and quan- termination; and tities that occur during the entire
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averaging period due to normal vari- if the conditions of § 264.1082(c)(2)(i) ations in the operating conditions for through (c)(2)(vi) of this chapter, or the process generating or treating the § 265.1083(c)(2)(i) through (c)(2)(vi) of hazardous waste stream. Examples of this subpart are met, then the waste such normal variations are seasonal samples shall be prepared and analyzed variations in waste quantity or fluc- using the same method or methods as tuations in ambient temperature. were used in making the initial waste (C) All samples shall be collected and determinations at the point of waste handled in accordance with written origination or at the point of entry to procedures prepared by the owner or the treatment system. At the owner or operator and documented in a site sam- operator’s discretion, the owner or op- pling plan. This plan shall describe the erator may adjust test data obtained procedure by which representative by any appropriate method to discount samples of the hazardous waste stream any contribution to the total volatile are collected such that a minimum loss organic concentration that is a result of organics occurs throughout the sam- of including a compound with a ple collection and handling process, Henry’s law constant value less than and by which sample integrity is main- 0.1 Y/X at 25 degrees Celsius. To adjust tained. A copy of the written sampling these data, the measured concentration plan shall be maintained on-site in the of each individual chemical con- facility operating records. An example stituent in the waste is multiplied by of acceptable sample collection and the appropriate constituent-specific handling procedures for a total volatile adjustment factor (fm25D). If the owner organic constituent concentration may or operator elects to adjust test data, be found in Method 25D in 40 CFR part the adjustment must be made to all in- 60, appendix A. dividual chemical constituents with a (D) Sufficient information, as speci- Henry’s law constant value greater fied in the ‘‘site sampling plan’’ re- than or equal to 0.1 Y/X at 25 degrees quired under paragraph (C) of Celsius contained in the waste. Con- (b)(3)(ii)this section, § 265.1084(b)(3)(ii), stituent-specific adjustment factors shall be prepared and recorded to docu- (fm25D) can be obtained by contacting ment the waste quantity represented the Waste and Chemical Processes by the samples and, as applicable, the Group, Office of Air Quality Planning operating conditions for the process and Standards, Research Triangle treating the hazardous waste rep- Park, NC 27711. Other test methods resented by the samples. may be used if they meet the require- (iii) Analysis. Each collected sample ments in paragraph (a)(3)(iii)(A) or (B) shall be prepared and analyzed in ac- of this section and provided the re- cordance with Method 25D in 40 CFR quirement to reflect all organic com- part 60, appendix A for the total con- pounds in the waste with Henry’s law centration of volatile organic constitu- constant values greater than or equal ents, or using one or more methods to 0.1 Y/X [which can also be expressed when the individual organic compound as 1.8 × 10¥6 atmospheres/gram-mole/ concentrations are identified and m3] at 25 degrees Celsius, is met. summed and the summed waste con- (A) Any EPA standard method that centration accounts for and reflects all has been validated in accordance with organic compounds in the waste with ‘‘Alternative Validation Procedure for Henry’s law constant values at least 0.1 EPA Waste and Wastewater Methods,’’ mole-fraction-in-the-gas-phase/mole- 40 CFR part 63, appendix D. fraction-in-the-liquid-phase (0.1 Y/X) (B) Any other analysis method that [which can also be expressed as 1.8 × has been validated in accordance with 10¥6 atmospheres/gram-mole/m3] at 25 the procedures specified in Section 5.1 degrees Celsius. When the owner or op- or Section 5.3, and the corresponding erator is making a waste determina- calculations in Section 6.1 or Section tion for a treated hazardous waste that 6.3, of Method 301 in 40 CFR part 63, ap- is to be compared to an average VO pendix A. The data are acceptable if concentration at the point of waste they meet the criteria specified in Sec- origination or the point of waste entry tion 6.1.5 or Section 6.3.3 of Method 301. to the treatment system to determine If correction is required under section
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6.3.3 of Method 301, the data are accept- in accordance with the requirements of able if the correction factor is within paragraph (a) of this section. The exit the range 0.7 to 1.30. Other sections of concentration limit (Ct) shall be cal- Method 301 are not required. culated by using the results deter- (iv) Calculations. The average VO con- mined for each individual hazardous centration (C¯ ) on a mass-weighted waste stream and the following equa- basis shall be calculated by using the tion: results for all waste determinations m n conducted in accordance with para- × +× graphs (b)(3)(ii) and (iii) of this section ∑()Qxx C∑() Q y500 ppmw and the following equation: = x=1 y=1 Ct m n η 1 ∑QQ+ ∑ C =×∑()QC × xy ii x=1 y=1 QT i=1 Where: where: C = Exit concentration limit for treated haz- ¯ t C = Average VO concentration of the haz- ardous waste, ppmw. ardous waste at the point of waste treat- x = Individual hazardous waste stream ‘‘x’’ ment on a mass-weighted basis, ppmw. that has an average VO concentration i = Individual waste determination ‘‘i’’ of the less than 500 ppmw at the point of waste hazardous waste. origination as determined in accordance n = Total number of waste determinations of with the requirements of § 265.1084(a) of the hazardous waste conducted for the this subpart. averaging period (not to exceed 1 year). y = Individual hazardous waste stream ‘‘y’’ Qi = Mass quantity of hazardous waste that has an average VO concentration stream represented by Ci, kg/hr. equal to or greater than 500 ppmw at the QT = Total mass quantity of hazardous waste point of waste origination as determined during the averaging period, kg/hr. in accordance with the requirements of Ci = Measured VO concentration of waste de- § 265.1084(a) of this subpart. termination ‘‘i’’ as determined in accord- m = Total number of ‘‘x’’ hazardous waste ance with the requirements of paragraph streams treated by process. (b)(3)(iii) of this section (i.e. the average n = Total number of ‘‘y’’ hazardous waste of the four or more samples specified in streams treated by process. paragraph (b)(3)(ii)(B) of this section), Qx = Annual mass quantity of hazardous ppmw. waste stream ‘‘x,’’ kg/yr. Qy = Annual mass quantity of hazardous (v) Provided that the test method is waste stream ‘‘y,’’ kg/yr. ¯ appropriate for the waste as required Cx = Average VO concentration of hazardous under paragraph (b)(3)(iii) of this sec- waste stream ‘‘x’’ at the point of waste tion, compliance shall be determined origination as determined in accordance based on the test method used by the with the requirements of § 265.1084(a) of owner or operator as recorded pursuant this subpart, ppmw. to § 265.1090(f)(1) of this subpart. (5) Procedure to determine the or- (4) Procedure to determine the exit ganic reduction efficiency (R) for a concentration limit (Ct) for a treated treated hazardous waste. hazardous waste. (i) The organic reduction efficiency (i) The point of waste origination for (R) for a treatment process shall be de- each hazardous waste treated by the termined based on results for a min- process at the same time shall be iden- imum of three consecutive runs. tified. (ii) All hazardous waste streams en- (ii) If a single hazardous waste tering the treatment process and all stream is identified in paragraph hazardous waste streams exiting the (b)(4)(i) of this section, then the exit treatment process shall be identified. concentration limit (Ct) shall be 500 The owner or operator shall prepare a ppmw. sampling plan for measuring these (iii) If more than one hazardous streams that accurately reflects the re- waste stream is identified in paragraph tention time of the hazardous waste in (b)(4)(i) of this section, then the aver- the process. age VO concentration of each haz- (iii) For each run, information shall ardous waste stream at the point of be determined for each hazardous waste origination shall be determined waste stream identified in paragraph
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(b)(5)(ii) of this section using the fol- ance with paragraph (b)(5)(iv) of this lowing procedures: section and the following equation: (A) The mass quantity of each haz- ardous waste stream entering the proc- EE− R = ba×100% ess (Qb) and the mass quantity of each hazardous waste stream exiting the E b process (Qa) shall be determined. Where: (B) The average VO concentration at R = Organic reduction efficiency, percent.
the point of waste origination of each Eb = Waste volatile organic mass flow enter- hazardous waste stream entering the ing process as determined in accordance ¯ with the requirements of paragraph process (Cb) during the run shall be de- termined in accordance with the re- (b)(5)(iv) of this section, kg/hr. quirements of paragraph (a)(3) of this Ea = Waste volatile organic mass flow exiting section. The average VO concentration process as determined in accordance with the requirements of paragraph (b)(5)(iv) at the point of waste treatment of each ¯ of this section, kg/hr. waste stream exiting the process (Ca) during the run shall be determined in (6) Procedure to determine the or- accordance with the requirements of ganic biodegradation efficiency (Rbio) paragraph (b)(3) of this section. for a treated hazardous waste. (iv) The waste volatile organic mass (i) The fraction of organics bio- flow entering the process (Eb) and the degraded (Fbio) shall be determined waste volatile organic mass flow using the procedure specified in 40 CFR exiting the process (Ea) shall be cal- part 63, appendix C of this chapter. culated by using the results deter- (ii) The Rbio shall be calculated by mined in accordance with paragraph using the following equation: (b)(5)(iii) of this section and the fol- =× lowing equations: RFbio bio 100% Where: 1 m EQC=×∑() Rbio = Organic biodegradation efficiency, per- bbjbj6 cent. 10 j=1 Fbio = Fraction of organic biodegraded as de- m termined in accordance with the require- =×1 () ments of paragraph (b)(6)(i) of this sec- EQCaajaj6 ∑ tion. 10 j=1 (7) Procedure to determine the re- Where: quired organic mass removal rate Ea = Waste volatile organic mass flow exiting (RMR) for a treated hazardous waste. process, kg/hr. (i) All of the hazardous waste Eb = Waste volatile organic mass flow enter- ing process, kg/hr. streams entering the treatment process m = Total number of runs (at least 3) shall be identified. j = Individual run ‘‘j’’ (ii) The average VO concentration of
Qb = Mass quantity of hazardous waste enter- each hazardous waste stream at the ing process during run ‘‘j,’’ kg/hr. point of waste origination shall be de- Qa = Average mass quantity of hazardous termined in accordance with the re- waste exiting process during run ‘‘j,’’ kg/ quirements of paragraph (a) of this sec- hr. tion. ¯ Ca = Average VO concentration of hazardous (iii) For each individual hazardous waste exiting process during run ‘‘j’’ as determined in accordance with the re- waste stream that has an average VO quirements of § 265.1084(b)(3) of this sub- concentration equal to or greater than part, ppmw. 500 ppmw at the point of waste origina- ¯ Cb = Average VO concentration of hazardous tion, the average volumetric flow rate waste entering process during run ‘‘j’’ as and the density of the hazardous waste determined in accordance with the re- stream at the point of waste origina- quirements of § 265.1084(a)(3) of this sub- tion shall be determined. part, ppmw. (iv) The RMR shall be calculated by (v) The organic reduction efficiency using the average VO concentration, of the process shall be calculated by average volumetric flow rate, and den- using the results determined in accord- sity determined for each individual
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hazardous waste stream, and the fol- lowing equation:
n ⎡ − ⎤ ()Cy 500 ppmw RMR=××∑ ⎢ V k ⎥ ⎢ yy 6 ⎥ y=1 ⎣ 10 ⎦
Where: the requirements of paragraph (b)(5)(iv) RMR = Required organic mass removal rate, of this section, kg/hr. kg/hr. (9) Procedure to determine the actual y = Individual hazardous waste stream ‘‘y’’ organic mass biodegradation rate that has an average VO concentration equal to or greater than 500 ppmw at the (MRbio) for a treated hazardous waste. point of waste origination as determined (i) The MRbio shall be determined in accordance with the requirements of based on results for a minimum of § 265.1084(a) of this subpart. three consecutive runs. The sampling n = Total number of ‘‘y’’ hazardous waste time for each run shall be 1 hour. streams treated by process. (ii) The waste organic mass flow en- Vy = Average volumetric flow rate of haz- tering the process (Eb) shall be deter- ardous waste stream ‘‘y’’ at the point of mined in accordance with the require- waste origination, m3/hr. ments of paragraph (b)(5)(iv) of this ky = Density of hazardous waste stream ‘‘y,’’ kg/m3 section. ¯ Cy = Average VO concentration of hazardous (iii) The fraction of organic bio- waste stream ‘‘y’’ at the point of waste degraded (Fbio) shall be determined origination as determined in accordance using the procedure specified in 40 CFR with the requirements of § 265.1084(a) of part 63, appendix C of this chapter. this subpart, ppmw. (iv) The MRbio shall be calculated by (8) Procedure to determine the actual using the mass flow rates and fraction organic mass removal rate (MR) for a of organic biodegraded determined in treated hazardous waste. accordance with the requirements of (i) The MR shall be determined based paragraphs (b)(9)(ii) and (b)(9)(iii) of on results for a minimum of three con- this section, respectively, and the fol- secutive runs. The sampling time for lowing equation: each run shall be 1 hour. MRbio = Eb × Fbio (ii) The waste volatile organic mass Where: flow entering the process (Eb) and the waste volatile organic mass flow MRbio = Actual organic mass biodegradation rate, kg/hr. exiting the process (Ea) shall be deter- Eb = Waste organic mass flow entering proc- mined in accordance with the require- ess as determined in accordance with the ments of paragraph (b)(5)(iv) of this requirements of paragraph (b)(5)(iv) of section. this section, kg/hr. (iii) The MR shall be calculated by Fbio = Fraction of organic biodegraded as de- using the mass flow rate determined in termined in accordance with the require- accordance with the requirements of ments of paragraph (b)(9)(iii) of this sec- tion. paragraph (b)(8)(ii) of this section and the following equation: (c) Procedure to determine the max- imum organic vapor pressure of a haz- MR = E ¥ E b a ardous waste in a tank. Where: (1) An owner or operator shall deter- MR = Actual organic mass removal rate, kg/ mine the maximum organic vapor pres- hr. sure for each hazardous waste placed in Eb = Waste volatile organic mass flow enter- a tank using Tank Level 1 controls in ing process as determined in accordance with the requirements of paragraph accordance with the standards speci- (b)(5)(iv) of this section, kg/hr. fied in § 265.1085(c) of this subpart. Ea = Waste volatile organic mass flow exiting (2) An owner or operator shall use ei- process as determined in accordance with ther direct measurement as specified in
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paragraph (c)(3) of this section or sure limit listed in § 265.1085(b)(1)(i) of knowledge of the waste as specified by this subpart for the applicable tank de- paragraph (c)(4) of this section to de- sign capacity category. An example of termine the maximum organic vapor information that may be used is docu- pressure which is representative of the mentation that the hazardous waste is hazardous waste composition stored or generated by a process for which at treated in the tank. other locations it previously has been (3) Direct measurement to determine determined by direct measurement the maximum organic vapor pressure that the waste maximum organic vapor of a hazardous waste. pressure is less than the maximum (i) Sampling. A sufficient number of vapor pressure limit for the appro- samples shall be collected to be rep- priate tank design capacity category. resentative of the waste contained in (d) Procedure for determining no de- the tank. All samples shall be collected tectable organic emissions for the pur- and handled in accordance with written pose of complying with this subpart: procedures prepared by the owner or (1) The test shall be conducted in ac- operator and documented in a site sam- cordance with the procedures specified pling plan. This plan shall describe the in Method 21 of 40 CFR part 60, appen- procedure by which representative dix A. Each potential leak interface samples of the hazardous waste are col- (i.e., a location where organic vapor lected such that a minimum loss of leakage could occur) on the cover and organics occurs throughout the sample associated closure devices shall be collection and handling process and by checked. Potential leak interfaces that which sample integrity is maintained. are associated with covers and closure A copy of the written sampling plan devices include, but are not limited to: shall be maintained on-site in the facil- The interface of the cover and its foun- ity operating records. An example of dation mounting; the periphery of any acceptable sample collection and han- opening on the cover and its associated dling procedures may be found in Meth- closure device; and the sealing seat od 25D in 40 CFR part 60, appendix A. interface on a spring-loaded pressure (ii) Analysis. Any appropriate one of relief valve. the following methods may be used to analyze the samples and compute the (2) The test shall be performed when maximum organic vapor pressure of the unit contains a hazardous waste the hazardous waste: having an organic concentration rep- (A) Method 25E in 40 CFR part 60 ap- resentative of the range of concentra- pendix A; tions for the hazardous waste expected (B) Methods described in American to be managed in the unit. During the Petroleum Institute Publication 2517, test, the cover and closure devices Third Edition, February 1989, ‘‘Evapo- shall be secured in the closed position. rative Loss from External Floating- (3) The detection instrument shall Roof Tanks,’’ (incorporated by ref- meet the performance criteria of Meth- erence—refer to § 260.11 of this chapter); od 21 of 40 CFR part 60, appendix A, ex- (C) Methods obtained from standard cept the instrument response factor reference texts; criteria in section 3.1.2(a) of Method 21 (D) ASTM Method 2879–92 (incor- shall be for the average composition of porated by reference—refer to § 260.11 of the organic constituents in the haz- this chapter); and ardous waste placed in the waste man- (E) Any other method approved by agement unit, not for each individual the Regional Administrator. organic constituent. (4) Use of knowledge to determine the (4) The detection instrument shall be maximum organic vapor pressure of calibrated before use on each day of its the hazardous waste. Documentation use by the procedures specified in shall be prepared and recorded that Method 21 of 40 CFR part 60, appendix presents the information used as the A. basis for the owner’s or operator’s (5) Calibration gases shall be as fol- knowledge that the maximum organic lows: vapor pressure of the hazardous waste (i) Zero air (less than 10 ppmv hydro- is less than the maximum vapor pres- carbon in air), and
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(ii) A mixture of methane or n- § 265.1083(b) of this subpart references hexane and air at a concentration of the use of this section for such air approximately, but less than, 10,000 emission control. ppmv methane or n-hexane. (b) The owner or operator shall con- (6) The background level shall be de- trol air pollutant emissions from each termined according to the procedures tank subject to this section in accord- in Method 21 of 40 CFR part 60, appen- ance with the following requirements, dix A. as applicable: (7) Each potential leak interface (1) For a tank that manages haz- shall be checked by traversing the in- ardous waste that meets all of the con- strument probe around the potential ditions specified in paragraphs (b)(1)(i) leak interface as close to the interface through (b)(1)(iii) of this section, the as possible, as described in Method 21 owner or operator shall control air pol- of 40 CFR part 60, appendix A. In the lutant emissions from the tank in ac- case when the configuration of the cordance with the Tank Level 1 con- cover or closure device prevents a com- trols specified in paragraph (c) of this plete traverse of the interface, all ac- section or the Tank Level 2 controls cessible portions of the interface shall specified in paragraph (d) of this sec- be sampled. In the case when the con- tion. figuration of the closure device pre- (i) The hazardous waste in the tank vents any sampling at the interface has a maximum organic vapor pressure and the device is equipped with an en- which is less than the maximum or- closed extension or horn (e.g., some ganic vapor pressure limit for the pressure relief devices), the instrument tank’s design capacity category as fol- probe inlet shall be placed at approxi- lows: mately the center of the exhaust area (A) For a tank design capacity equal to the atmosphere. to or greater than 151 m3, the max- (8) The arithmetic difference between imum organic vapor pressure limit for the maximum organic concentration the tank is 5.2 kPa. indicated by the instrument and the (B) For a tank design capacity equal background level shall be compared to or greater than 75 m3 but less than with the value of 500 ppmv except when 151 m3, the maximum organic vapor monitoring a seal around a rotating pressure limit for the tank is 27.6 kPa. shaft that passes through a cover open- (C) For a tank design capacity less ing, in which case the comparison shall than 75 m3, the maximum organic be as specified in paragraph (d)(9) of vapor pressure limit for the tank is 76.6 this section. If the difference is less kPa. than 500 ppmv, then the potential leak (ii) The hazardous waste in the tank interface is determined to operate with is not heated by the owner or operator no detectable organic emissions. to a temperature that is greater than (9) For the seals around a rotating the temperature at which the max- shaft that passes through a cover open- imum organic vapor pressure of the ing, the arithmetic difference between hazardous waste is determined for the the maximum organic concentration purpose of complying with paragraph indicated by the instrument and the (b)(1)(i) of this section. background level shall be compared (iii) The hazardous waste in the tank with the value of 10,000 ppmw. If the is not treated by the owner or operator difference is less than 10,000 ppmw, using a waste stabilization process, as then the potential leak interface is de- defined in § 265.1081 of this subpart. termined to operate with no detectable (2) For a tank that manages haz- organic emissions. ardous waste that does not meet all of [61 FR 59974, Nov. 25, 1996, as amended at 62 the conditions specified in paragraphs FR 64664, Dec. 8, 1997; 64 FR 3390, Jan. 21, (b)(1)(i) through (b)(1)(iii) of this sec- 1999; 70 FR 34586, June 14, 2005] tion, the owner or operator shall con- trol air pollutant emissions from the § 265.1085 Standards: Tanks. tank by using Tank Level 2 controls in (a) The provisions of this section accordance with the requirements of apply to the control of air pollutant paragraph (d) of this section. Examples emissions from tanks for which of tanks required to use Tank Level 2
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controls include: A tank used for a (A) Equipped with a closure device waste stabilization process; and a tank designed to operate such that when the for which the hazardous waste in the closure device is secured in the closed tank has a maximum organic vapor position there are no visible cracks, pressure that is equal to or greater holes, gaps, or other open spaces in the than the maximum organic vapor pres- closure device or between the perim- sure limit for the tank’s design capac- eter of the opening and the closure de- ity category as specified in paragraph vice; or (b)(1)(i) of this section. (B) Connected by a closed-vent sys- (c) Owners and operators controlling tem that is vented to a control device. air pollutant emissions from a tank The control device shall remove or de- using Tank Level 1 controls shall meet stroy organics in the vent stream, and the requirements specified in para- shall be operating whenever hazardous graphs (c)(1) through (c)(4) of this sec- waste is managed in the tank, except tion: as provided for in paragraphs (1) The owner or operator shall deter- (c)(2)(iii)(B)(1) and (2) of this section. mine the maximum organic vapor pres- (1) During periods it is necessary to sure for a hazardous waste to be man- provide access to the tank for per- aged in the tank using Tank Level 1 forming the activities of paragraph controls before the first time the haz- (c)(2)(iii)(B)(2) of this section, venting ardous waste is placed in the tank. The of the vapor headspace underneath the maximum organic vapor pressure shall fixed roof to the control device is not be determined using the procedures required, opening of closure devices is specified in § 265.1084(c) of this subpart. allowed, and removal of the fixed roof Thereafter, the owner or operator shall is allowed. Following completion of the perform a new determination whenever activity, the owner or operator shall changes to the hazardous waste man- promptly secure the closure device in 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 the 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 (ii) The fixed roof shall be installed outdoor exposure to wind, moisture, in a manner such that there are no and sunlight; and the operating prac- visible cracks, holes, gaps, or other tices used for the tank on which the open spaces between roof section joints fixed roof is installed. or between the interface of the roof (3) Whenever a hazardous waste is in edge and the tank wall. the tank, the fixed roof shall be in- (iii) Each opening in the fixed roof, stalled with each closure device se- and any manifold system associated cured in the closed position except as with the fixed roof, shall be either: follows:
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(i) Opening of closure devices or re- ment in accordance with the following moval of the fixed roof is allowed at requirements. 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 (iii) In the event that a defect is de- is allowed during normal operations for tected, the owner or operator shall re- the purpose of maintaining the tank pair the defect in accordance with the internal pressure in accordance with requirements of paragraph (k) of this the tank design specifications. The de- section. vice shall be designed to operate with (iv) The owner or operator shall no detectable organic emissions when maintain a record of the inspection in the device is secured in the closed posi- accordance with the requirements spec- tion. The settings at which the device ified in § 265.1090(b) of this subpart. opens shall be established such that (d) Owners and operators controlling the device remains in the closed posi- air pollutant emissions from a tank tion whenever the tank internal pres- using Tank Level 2 controls shall use sure is within the internal pressure op- one of the following tanks: erating range determined by the owner (1) A fixed-roof tank equipped with or operator based on the tank manufac- an internal floating roof in accordance turer recommendations, applicable reg- with the requirements specified in ulations, fire protection and prevention paragraph (e) of this section; codes, standard engineering codes and (2) A tank equipped with an external practices, or other requirements for floating roof in accordance with the re- the safe handling of flammable, ignit- quirements specified in paragraph (f) of able, explosive, reactive, or hazardous this section; materials. Examples of normal oper- (3) A tank vented through a closed- ating conditions that may require vent system to a control device in ac- these devices to open are during those cordance with the requirements speci- times when the tank internal pressure fied in paragraph (g) of this section; exceeds the internal pressure operating (4) A pressure tank designed and op- range for the tank as a result of load- erated in accordance with the require- ing operations or diurnal ambient tem- ments specified in paragraph (h) of this perature fluctuations. section; or (iii) Opening of a safety device, as de- (5) A tank located inside an enclosure fined in § 265.1081 of this subpart, is al- that is vented through a closed-vent lowed at any time conditions require system to an enclosed combustion con- doing so to avoid an unsafe condition. trol device in accordance with the re- (4) The owner or operator shall in- quirements specified in paragraph (i) of spect the air emission control equip- this section.
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(e) The owner or operator who con- (2) The owner or operator shall oper- trols air pollutant emissions from a ate the tank in accordance with the tank using a fixed-roof with an inter- following requirements: nal floating roof shall meet the re- (i) When the floating roof is resting quirements specified in paragraphs on the leg supports, the process of fill- (e)(1) through (e)(3) of this section. ing, emptying, or refilling shall be con- (1) The tank shall be equipped with a tinuous and shall be completed as soon fixed roof and an internal floating roof as practical. in accordance with the following re- (ii) Automatic bleeder vents are to be quirements: set closed at all times when the roof is (i) The internal floating roof shall be floating, except when the roof is being designed to float on the liquid surface floated off or is being landed on the leg except when the floating roof must be supports. supported by the leg supports. (iii) Prior to filling the tank, each (ii) The internal floating roof shall be cover, access hatch, gauge float well or equipped with a continuous seal be- lid on any opening in the internal tween the wall of the tank and the floating roof shall be bolted or fastened floating roof edge that meets either of closed (i.e., no visible gaps). Rim space the following requirements: vents are to be set to open only when (A) A single continuous seal that is the internal floating roof is not float- either a liquid-mounted seal or a me- ing or when the pressure beneath the tallic shoe seal, as defined in § 265.1081 rim exceeds the manufacturer’s rec- of this subpart; or ommended setting. (B) Two continuous seals mounted (3) The owner or operator shall in- one above the other. The lower seal spect the internal floating roof in ac- may be a vapor-mounted seal. cordance with the procedures specified (iii) The internal floating roof shall as follows: meet the following specifications: (i) The floating roof and its closure (A) Each opening in a noncontact in- devices shall be visually inspected by ternal floating roof except for auto- the owner or operator to check for de- matic bleeder vents (vacuum breaker fects that could result in air pollutant vents) and the rim space vents is to emissions. Defects include, but are not provide a projection below the liquid limited to: The internal floating roof is 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 (E) Each penetration of the internal openings on the fixed-roof (e.g., man- floating roof that allows for passage of holes and roof hatches) at least once a ladder shall have a gasketed sliding every 12 months after initial fill, and cover. (B) Visually inspect the internal (F) Each penetration of the internal floating roof, primary seal, secondary floating roof that allows for passage of seal (if one is in service), gaskets, slot- a column supporting the fixed roof ted membranes, and sleeve seals (if shall have a flexible fabric sleeve seal any) each time the tank is emptied and or a gasketed sliding cover. degassed and at least every 10 years.
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(iii) As an alternative to performing accordance with the requirements spec- the inspections specified in paragraph ified in § 265.1090(b) of this subpart. (e)(3)(ii) of this section for an internal (4) Safety devices, as defined in floating roof equipped with two contin- § 265.1081 of this subpart, may be in- uous seals mounted one above the stalled and operated as necessary on other, the owner or operator may vis- any tank complying with the require- ually inspect the internal floating roof, ments of paragraph (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 (iv) Prior to each inspection required in paragraphs (f)(1) through (f)(3) of by paragraph (e)(3)(ii) or (e)(3)(iii) of this section. this section, the owner or operator (1) The owner or operator shall de- shall notify the Regional Adminis- sign the external floating roof in ac- trator in advance of each inspection to cordance with the following require- provide the Regional Administrator ments: with the opportunity to have an ob- (i) The external floating roof shall be server present during the inspection. designed to float on the liquid surface The owner or operator shall notify the except when the floating roof must be Regional Administrator of the date and supported by the leg supports. location of the inspection as follows: (ii) The floating roof shall be (A) Prior to each visual inspection of equipped with two continuous seals, an internal floating roof in a tank that one above the other, between the wall has been emptied and degassed, written of the tank and the roof edge. The notification shall be prepared and sent lower seal is referred to as the primary by the owner or operator so that it is seal, and the upper seal is referred to received by the Regional Adminis- as the secondary seal. trator at least 30 calendar days before (A) The primary seal shall be a liq- refilling the tank except when an in- uid-mounted seal or a metallic shoe spection is not planned as provided for seal, as defined in § 265.1081 of this sub- in paragraph (e)(3)(iv)(B) of this sec- part. The total area of the gaps be- tion. tween the tank wall and the primary (B) When a visual inspection is not seal shall not exceed 212 square centi- planned and the owner or operator meters (cm2) per meter of tank diame- could not have known about the in- ter, and the width of any portion of spection 30 calendar days before refill- these gaps shall not exceed 3.8 centi- ing the tank, the owner or operator meters (cm). If a metallic shoe seal is shall notify the Regional Adminis- used for the primary seal, the metallic trator as soon as possible, but no later shoe seal shall be designed so that one than 7 calendar days before refilling of end extends into the liquid in the tank the tank. This notification may be and the other end extends a vertical made by telephone and immediately distance of at least 61 centimeters followed by a written explanation for above the liquid surface. why the inspection is unplanned. Alter- (B) The secondary seal shall be natively, written notification, includ- mounted above the primary seal and ing the explanation for the unplanned cover the annular space between the inspection, may be sent so that it is re- floating roof and the wall of the tank. ceived by the Regional Administrator The total area of the gaps between the at least 7 calendar days before refilling tank wall and the secondary seal shall the tank. not exceed 21.2 square centimeters (v) In the event that a defect is de- (cm2) per meter of tank diameter, and tected, the owner or operator shall re- the width of any portion of these gaps pair the defect in accordance with the shall not exceed 1.3 centimeters (cm). requirements of paragraph (k) of this (iii) The external floating roof shall section. meet the following specifications: (vi) The owner or operator shall (A) Except for automatic bleeder maintain a record of the inspection in vents (vacuum breaker vents) and rim
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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 (iii) Covers on each access hatch and paragraphs (f)(3)(i)(A) and (f)(3)(i)(B) of each gauge float well shall be bolted or this section. fastened when secured in the closed po- (D) The owner or operator shall de- sition. termine the total surface area of gaps (iv) Automatic bleeder vents shall be in the primary seal and in the sec- set closed at all times when the roof is ondary seal individually using the fol- floating, except when the roof is being lowing procedure:
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(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 § 265.1090(b) of this subpart. cation for the primary seal and the sec- ondary seal individually, and then di- (iii) Prior to each inspection required viding the sum for each seal type by by paragraph (f)(3)(i) or (f)(3)(ii) of this the nominal diameter of the tank. section, the owner or operator shall no- These total gap areas for the primary tify the Regional Administrator in ad- seal and secondary seal are then com- vance of each inspection to provide the pared to the respective standards for Regional Administrator with the op- the seal type as specified in paragraph portunity to have an observer present (f)(1)(ii) of this section. during the inspection. The owner or op- (E) In the event that the seal gap erator shall notify the Regional Ad- measurements do not conform to the ministrator of the date and location of specifications in paragraph (f)(1)(ii) of the inspection as follows: this section, the owner or operator (A) Prior to each inspection to meas- shall repair the defect in accordance ure external floating roof seal gaps as with the requirements of paragraph (k) required under paragraph (f)(3)(i) of of this section. this section, written notification shall (F) The owner or operator shall be prepared and sent by the owner or maintain a record of the inspection in operator so that it is received by the accordance with the requirements spec- Regional Administrator at least 30 cal- ified in § 265.1090(b) of this subpart. endar days before the date the meas- (ii) The owner or operator shall vis- urements are scheduled to be per- ually inspect the external floating roof formed. in accordance with the following re- (B) Prior to each visual inspection of quirements: an external floating roof in a tank that (A) The floating roof and its closure has been emptied and degassed, written devices shall be visually inspected by notification shall be prepared and sent the owner or operator to check for de- by the owner or operator so that it is fects that could result in air pollutant received by the Regional Adminis- emissions. Defects include, but are not trator at least 30 calendar days before limited to: Holes, tears, or other open- refilling the tank except when an in- ings in the rim seal or seal fabric of the spection is not planned as provided for floating roof; a rim seal detached from in paragraph (f)(3)(iii)(C) of this sec- the floating roof; all or a portion of the tion. floating roof deck being submerged (C) When a visual inspection is not below the surface of the liquid in the planned and the owner or operator
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could not have known about the in- hazardous waste to the atmosphere, to spection 30 calendar days before refill- the extent practical, and will maintain ing the tank, the owner or operator the integrity of the fixed roof and clo- shall notify the Regional Adminis- sure devices throughout their intended trator as soon as possible, but no later service life. Factors to be considered than 7 calendar days before refilling of when selecting the materials for and the tank. This notification may be designing the fixed roof and closure de- made by telephone and immediately vices shall include: Organic vapor per- followed by a written explanation for meability, the effects of any contact why the inspection is unplanned. Alter- with the liquid and its vapor managed natively, written notification, includ- in the tank; the effects of outdoor ex- ing the explanation for the unplanned posure to wind, moisture, and sunlight; inspection, may be sent so that it is re- and the operating practices used for ceived by the Regional Administrator the tank on which the fixed roof is in- at least 7 calendar days before refilling stalled. the tank. (iv) The closed-vent system and con- (4) Safety devices, as defined in 40 trol device shall be designed and oper- CFR 265.1081, may be installed and op- ated in accordance with the require- erated as necessary on any tank com- ments of § 265.1088 of this subpart. plying with the requirements of para- (2) Whenever a hazardous waste is in graph (f) of this section. the tank, the fixed roof shall be in- (g) The owner or operator who con- stalled with each closure device se- trols air pollutant emissions from a cured in the closed position and the 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- vice in accordance with the following lowed at the following times: requirements: (A) To provide access to the tank for (i) The fixed roof and its closure de- performing routine inspection, mainte- vices shall be designed to form a con- nance, or other activities needed for tinuous barrier over the entire surface normal operations. Examples of such area of the liquid in the tank. activities include those times when a (ii) Each opening in the fixed roof not worker needs to open a port to sample vented to the control device shall be liquid in the tank, or when a worker equipped with a closure device. If the needs to open a hatch to maintain or pressure in the vapor headspace under- repair equipment. Following comple- neath the fixed roof is less than atmos- tion of the activity, the owner or oper- pheric pressure when the control device ator shall promptly secure the closure is operating, the closure devices shall device in the closed position or re- be designed to operate such that when install the cover, as applicable, to the the closure device is secured in the tank. closed position there are no visible (B) To remove accumulated sludge or cracks, holes, gaps, or other open other residues from the bottom of a spaces in the closure device or between tank. the perimeter of the cover opening and (ii) Opening of a safety device, as de- the closure device. If the pressure in fined in § 265.1081 of this subpart, is al- the vapor headspace underneath the lowed at any time conditions require fixed roof is equal to or greater than doing so to avoid an unsafe condition. atmospheric pressure when the control (3) The owner or operator shall in- device is operating, the closure device spect and monitor the air emission shall be designed to operate with no de- control equipment in accordance with tectable organic emissions. the following procedures: (iii) The fixed roof and its closure de- (i) The fixed roof and its closure de- vices shall be made of suitable mate- vices shall be visually inspected by the rials that will minimize exposure of the owner or operator to check for defects
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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. hatches, access covers, caps, or other (i) The owner or operator who con- closure devices. trols air pollutant emissions by using (ii) The closed-vent system and con- an enclosure vented through a closed- trol device shall be inspected and mon- vent system to an enclosed combustion itored by the owner or operator in ac- control device shall meet the require- cordance with the procedures specified ments specified in paragraphs (i)(1) in § 265.1088 of this subpart. through (i)(4) of this section. (iii) The owner or operator shall per- (1) The tank shall be located inside form an initial inspection of the air an enclosure. The enclosure shall be de- emission control equipment on or be- signed and operated in accordance with fore the date that the tank becomes the criteria for a permanent total en- subject to this section. Thereafter, the closure as specified in ‘‘Procedure T— owner or operator shall perform the in- Criteria for and Verification of a Per- spections at least once every year ex- manent or Temporary Total Enclo- cept for the special conditions provided sure’’ under 40 CFR 52.741, appendix B. for in paragraph (l) of this section. The enclosure may have permanent or temporary openings to allow worker (iv) In the event that a defect is de- access; passage of material into or out tected, the owner or operator shall re- of the enclosure by conveyor, vehicles, pair the defect in accordance with the or other mechanical means; entry of requirements of paragraph (k) of this permanent mechanical or electrical section. equipment; or direct airflow into the (v) The owner or operator shall main- enclosure. The owner or operator shall tain a record of the inspection in ac- perform the verification procedure for cordance with the requirements speci- the enclosure as specified in Section 5.0 fied in § 265.1090(b) of this subpart. to ‘‘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 § 265.1088 of this subpart. to operate with no detectable organic (3) Safety devices, as defined in emissions as determined using the pro- § 265.1081 of this subpart, may be in- cedure specified in § 265.1084(d) of this stalled and operated as necessary on subpart. any enclosure, closed-vent system, or (3) Whenever a hazardous waste is in control device used to comply with the the tank, the tank shall be operated as requirements of paragraphs (i)(1) and a closed system that does not vent to (i)(2) of this section. the atmosphere except under either of (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. § 265.1088 of this subpart. (i) At those times when opening of a (j) The owner or operator shall trans- safety device, as defined in § 265.1081 of fer hazardous waste to a tank subject this subpart, is required to avoid an to this section in accordance with the unsafe condition. following requirements:
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(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 § 265.1086 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 Individual Drain Systems. monitor cover’’ and comply with all of (2) The requirements of paragraph the 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 § 265.1083(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 § 265.1083(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 § 265.1083(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 paragraphs (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 [61 FR 59979, Nov. 25, 1996, as amended at 62 first efforts at repair of the defect no FR 64666, Dec. 8, 1997; 64 FR 3391, Jan. 21, later than 5 calendar days after detec- 1999; 71 FR 40276, July 14, 2006] tion, and repair shall be completed as soon as possible but no later than 45 § 265.1086 Standards: Surface im- calendar days after detection except as poundments. provided in paragraph (k)(2) of this sec- (a) The provisions of this section tion. apply to the control of air pollutant (2) Repair of a defect may be delayed emissions from surface impoundments beyond 45 calendar days if the owner or for which § 265.1083(b) of this subpart operator determines that repair of the references the use of this section for defect requires emptying or temporary such air emission control. removal from service of the tank and (b) The owner or operator shall con- no alternative tank capacity is avail- trol air pollutant emissions from the able at the site to accept the hazardous surface impoundment by installing and waste normally managed in the tank. operating either of the following: In this case, the owner or operator (1) A floating membrane cover in ac- shall repair the defect the next time cordance with the provisions specified the process or unit that is generating in paragraph (c) of this section; or the hazardous waste managed in the (2) A cover that is vented through a tank stops operation. Repair of the de- closed-vent system to a control device
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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 membrane cover shall meet the re- intended service life. Factors to be con- quirements specified in paragraphs sidered when selecting the materials of (c)(1) through (c)(3) of this section. construction and designing the cover (1) The surface impoundment shall be and closure devices shall include: Or- equipped with a floating membrane ganic vapor permeability; the effects of cover designed to meet the following any contact with the liquid and its specifications: vapor managed in the surface impound- (i) The floating membrane cover ment; the effects of outdoor exposure shall be designed to float on the liquid to wind, moisture, and sunlight; and surface during normal operations and the operating practices used for the form a continuous barrier over the en- surface impoundment on which the tire surface area of the liquid. floating membrane cover is installed. (ii) The cover shall be fabricated (2) Whenever a hazardous waste is in from a synthetic membrane material the surface impoundment, the floating that is either: membrane cover shall float on the liq- (A) High density polyethylene uid and each closure device shall be se- (HDPE) with a thickness no less than cured in the closed position except as 2.5 millimeters (mm); or follows: (B) A material or a composite of dif- (i) Opening of closure devices or re- ferent materials determined to have moval of the cover is allowed at the both organic permeability properties following times: that are equivalent to those of the ma- (A) To provide access to the surface terial listed in paragraph (c)(1)(ii)(A) of impoundment for performing routine this section and chemical and physical inspection, maintenance, or other ac- properties that maintain the material tivities needed for normal operations. integrity for the intended service life Examples of such activities include of the material. those times when a worker needs to (iii) The cover shall be installed in a open a port to sample the liquid in the manner such that there are no visible surface impoundment, or when a work- cracks, holes, gaps, or other open er needs to open a hatch to maintain or spaces between cover section seams or repair equipment. Following comple- between the interface of the cover edge tion of the activity, the owner or oper- and its foundation mountings. ator shall promptly replace the cover (iv) Except as provided for in para- and secure the closure device in the graph (c)(1)(v) of this section, each closed position, as applicable. opening in the floating membrane (B) To remove accumulated sludge or cover shall be equipped with a closure other residues from the bottom of sur- device designed to operate such that face impoundment. when the closure device is secured in (ii) Opening of a safety device, as de- the closed position there are no visible fined in § 265.1081 of this subpart, is al- cracks, holes, gaps, or other open lowed at any time conditions require spaces in the closure device or between doing so to avoid an unsafe condition. the perimeter of the cover opening and (3) The owner or operator shall in- the closure device. spect the floating membrane cover in (v) The floating membrane cover may accordance with the following proce- be equipped with one or more emer- dures: gency cover drains for removal of (i) The floating membrane cover and stormwater. Each emergency cover its closure devices shall be visually in- drain shall be equipped with a slotted spected by the owner or operator to membrane fabric cover that covers at check for defects that could result in least 90 percent of the area of the open- air pollutant emissions. Defects in- ing or a flexible fabric sleeve seal. clude, but are not limited to, visible
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cracks, holes, or gaps in the cover sec- mospheric pressure when the control tion seams or between the interface of device is operating, the closure device the cover edge and its foundation shall be designed to operate with no de- mountings; broken, cracked, or other- tectable organic emissions using the wise damaged seals or gaskets on clo- procedure specified in § 265.1084(d) of sure devices; and broken or missing this subpart. hatches, access covers, caps, or other (iii) The cover and its closure devices closure devices. shall be made of suitable materials (ii) The owner or operator shall per- that will minimize exposure of the haz- form an initial inspection of the float- ardous waste to the atmosphere, to the ing membrane cover and its closure de- extent practical, and will maintain the vices on or before the date that the integrity of the cover and closure de- surface impoundment becomes subject vices throughout their intended service to this section. Thereafter, the owner life. Factors to be considered when se- or operator shall perform the inspec- lecting the materials of construction tions at least once every year except and designing the cover and closure de- for the special conditions provided for vices shall include: Organic vapor per- in paragraph (g) of this section. meability; the effects of any contact (iii) In the event that a defect is de- with the liquid or its vapors managed tected, the owner or operator shall re- in the surface impoundment; the ef- pair the defect in accordance with the fects of outdoor exposure to wind, requirements of paragraph (f) of this moisture, and sunlight; and the oper- section. ating practices used for the surface im- (iv) The owner or operator shall poundment on which the cover is in- maintain a record of the inspection in stalled. accordance with the requirements spec- (iv) The closed-vent system and con- ified in § 265.1090(c) of this subpart. trol device shall be designed and oper- (d) The owner or operator who con- ated in accordance with the require- trols air pollutant emissions from a ments of § 265.1088 of this subpart. surface impoundment using a cover 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 vices or removal of the cover is allowed shall be designed to form a continuous at the following times: barrier over the entire surface area of (A) To provide access to the surface the liquid in the surface impoundment. impoundment for performing routine (ii) Each opening in the cover not inspection, maintenance, or other ac- vented to the control device shall be tivities needed for normal operations. equipped with a closure device. If the Examples of such activities include pressure in the vapor headspace under- those times when a worker needs to neath the cover is less than atmos- open a port to sample liquid in the sur- pheric pressure when the control device face impoundment, or when a worker is operating, the closure devices shall needs to open a hatch to maintain or be designed to operate such that when repair equipment. Following comple- the closure device is secured in the tion of the activity, the owner or oper- closed position there are no visible ator shall promptly secure the closure cracks, holes, gaps, or other open device in the closed position or re- spaces in the closure device or between install the cover, as applicable, to the the perimeter of the cover opening and surface impoundment. the closure device. If the pressure in (B) To remove accumulated sludge or the vapor headspace underneath the other residues from the bottom of the cover is equal to or greater than at- surface impoundment.
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(ii) Opening of a safety device, as de- that does not allow exposure of the fined in § 265.1081 of this subpart, is al- waste to the atmosphere. For the pur- lowed at any time conditions require pose of complying with this provision, doing so to avoid an unsafe condition. an individual drain system is consid- (3) The owner or operator shall in- ered to be a closed system when it spect and monitor the air emission meets the requirements of 40 CFR part control equipment in accordance with 63, subpart RR—National Emission the following procedures: Standards for Individual Drain Sys- (i) The surface impoundment cover tems. and its closure devices shall be visually (2) The requirements of paragraph inspected by the owner or operator to (e)(1) of this section do not apply when check for defects that could result in transferring a hazardous waste to the air pollutant emissions. Defects in- surface impoundment under either of clude, but are not limited to, visible the following conditions: cracks, holes, or gaps in the cover sec- (i) The hazardous waste meets the av- tion seams or between the interface of erage VO concentration conditions the cover edge and its foundation specified in § 265.1083(c)(1) of this sub- mountings; broken, cracked, or other- part at the point of waste origination. wise damaged seals or gaskets on clo- (ii) The hazardous waste has been sure devices; and broken or missing treated by an organic destruction or hatches, access covers, caps, or other removal process to meet the require- closure devices. ments in § 265.1083(c)(2) of this subpart. (ii) The closed-vent system and con- trol device shall be inspected and mon- (iii) The hazardous waste meets the itored by the owner or operator in ac- requirements of § 265.1083(c)(4) of this cordance with the procedures specified subpart. in § 265.1088 of this subpart. (f) The owner or operator shall repair (iii) The owner or operator shall per- each defect detected during an inspec- form an initial inspection of the air tion performed in accordance with the emission control equipment on or be- requirements of paragraph (c)(3) or fore the date that the surface impound- (d)(3) of this section as follows: ment becomes subject to this section. (1) The owner or operator shall make Thereafter, the owner or operator shall first efforts at repair of the defect no perform the inspections at least once later than 5 calendar days after detec- every year except for the special condi- tion, and repair shall be completed as tions provided for in paragraph (g) of soon as possible but no later than 45 this section. calendar days after detection except as (iv) In the event that a defect is de- provided in paragraph (f)(2) of this sec- tected, the owner or operator shall re- tion. pair the defect in accordance with the (2) Repair of a defect may be delayed requirements of paragraph (f) of this beyond 45 calendar days if the owner or section. operator determines that repair of the (v) The owner or operator shall main- defect requires emptying or temporary tain a record of the inspection in ac- removal from service of the surface im- cordance with the requirements speci- poundment and no alternative capacity fied in § 265.1090(c) of this subpart. is available at the site to accept the (e) The owner or operator shall trans- hazardous waste normally managed in fer hazardous waste to a surface im- the surface impoundment. In this case, poundment subject to this section in the owner or operator shall repair the accordance with the following require- defect the next time the process or unit ments: that is generating the hazardous waste (1) Transfer of hazardous waste, ex- managed in the tank stops operation. cept as provided in paragraph (e)(2) of Repair of the defect shall be completed this section, to the surface impound- before the process or unit resumes op- ment from another surface impound- eration. ment subject to this section or from a (g) Following the initial inspection tank subject to § 265.1085 of this subpart and monitoring of the cover as required shall be conducted using continuous by the applicable provisions of this hard-piping or another closed system subpart, subsequent inspection and
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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: waste stabilization process, the owner (1) Prepare a written explanation for or operator shall control air pollutant the cover stating the reasons why the emissions from the container in ac- cover is unsafe to visually inspect or to cordance with the Container Level 3 monitor, if required. standards specified in paragraph (e) of (2) Develop and implement a written this section at those times during the plan and schedule to inspect and mon- waste stabilization process when the itor the cover using the procedures hazardous waste in the container is ex- specified in the applicable section of posed to the atmosphere. this subpart as frequently as prac- (c) Container Level 1 standards. (1) A ticable during those times when a container using Container Level 1 con- worker can safely access the cover. trols is one of the following: [61 FR 59984, Nov. 25, 1996, as amended at 62 (i) A container that meets the appli- FR 64666, Dec. 8, 1997] cable U.S. Department of Transpor- tation (DOT) regulations on packaging § 265.1087 Standards: Containers. hazardous materials for transportation (a) The provisions of this section as specified in paragraph (f) of this sec- apply to the control of air pollutant tion. emissions from containers for which (ii) A container equipped with a cover § 265.1083(b) of this subpart references and closure devices that form a contin- the use of this section for such air uous barrier over the container open- emission control. ings such that when the cover and clo- (b) General requirements. (1) The sure devices are secured in the closed owner or operator shall control air pol- position there are no visible holes, lutant emissions from each container gaps, or other open spaces into the in- subject to this section in accordance terior of the container. The cover may with the following requirements, as ap- be a separate cover installed on the plicable to the container, except when container (e.g., a lid on a drum or a the special provisions for waste sta- suitably secured tarp on a roll-off box) bilization processes specified in para- or may be an integral part of the con- graph (b)(2) of this section apply to the tainer structural design (e.g., a ‘‘port- container. able tank’’ or bulk cargo container (i) For a container having a design equipped with a screw-type cap). capacity greater than 0.1 m3 and less (iii) An open-top container in which than or equal to 0.46 m3, the owner or an organic-vapor suppressing barrier is operator shall control air pollutant placed on or over the hazardous waste emissions from the container in ac- in the container such that no haz- cordance with the Container Level 1 ardous waste is exposed to the atmos- standards specified in paragraph (c) of phere. One example of such a barrier is this section. application of a suitable organic-vapor (ii) For a container having a design suppressing foam. capacity greater than 0.46 m3 that is (2) A container used to meet the re- not in light material service, the owner quirements of paragraph (c)(1)(ii) or or operator shall control air pollutant (c)(1)(iii) of this section shall be emissions from the container in ac- equipped with covers and closure de- cordance with the Container Level 1 vices, as applicable to the container, standards specified in paragraph (c) of that are composed of suitable mate- this section. rials to minimize exposure of the haz- (iii) For a container having a design ardous waste to the atmosphere and to capacity greater than 0.46 m3 that is in maintain the equipment integrity for
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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 device or cover material to wind, mois- shall promptly secure the closure de- ture, and sunlight; and the operating vices in the closed position and install practices for which the container is in- covers, as applicable to the container, tended to be 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: (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. Examples of such activi- (A) In the case when the container is ties include those times when a worker filled to the intended final level in one needs to open a port to measure the continuous operation, the owner or op- depth of or sample the material in the erator shall promptly secure the clo- container, or when a worker needs to sure devices in the closed position and open a manhole hatch to access equip- install the covers, as applicable to the ment inside the container. Following container, upon conclusion of the fill- completion of the activity, the owner ing operation. or operator shall promptly secure the (B) In the case when discrete quan- closure device in the closed position or tities or batches of material intermit- reinstall the cover, as applicable to the tently are added to the container over container. a period of time, the owner or operator (iv) Opening of a spring-loaded, pres- shall promptly secure the closure de- sure-vacuum relief valve, conservation vices in the closed position and install vent, or similar type of pressure relief covers, as applicable to the container, device which vents to the atmosphere upon either the container being filled is allowed during normal operations for to the intended final level; the comple- the purpose of maintaining the con- tion of a batch loading after which no tainer internal pressure in accordance additional material will be added to with the design specifications of the the container within 15 minutes; the container. The device shall be designed person performing the loading oper- to operate with no detectable organic ation leaving the immediate vicinity of emissions when the device is secured in the container; or the shutdown of the the closed position. The settings at process generating the material being which the device opens shall be estab- added to the container, whichever con- lished such that the device remains in dition occurs first. the closed position whenever the inter- (ii) Opening of a closure device or nal pressure of the container is within cover is allowed for the purpose of re- the internal pressure operating range moving hazardous waste from the con- determined by the owner or operator tainer as follows: based on container manufacturer rec- (A) For the purpose of meeting the ommendations, applicable regulations, requirements of this section, an empty fire protection and prevention codes, container as defined in 40 CFR 261.7(b) standard engineering codes and prac- may be open to the atmosphere at any tices, or other requirements for the time (i.e., covers and closure devices safe handling of flammable, ignitable,
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explosive, reactive, or hazardous mate- holes, gaps, or other open spaces into rials. Examples of normal operating the interior of the container when the conditions that may require these de- cover and closure devices are secured vices to open are during those times in the closed position. If a defect is de- when the internal pressure of the con- tected, the owner or operator shall re- tainer exceeds the internal pressure op- pair the defect in accordance with the erating range for the container as a re- requirements of paragraph (c)(4)(iii) of sult of loading operations or diurnal this section. ambient temperature fluctuations. (iii) When a defect is detected for the (v) Opening of a safety device, as de- container, cover, or closure devices, fined in § 265.1081 of this subpart, is al- the owner or operator shall make first lowed at any time conditions require efforts at repair of the defect no later doing so to avoid an unsafe condition. than 24 hours after detection, and re- (4) The owner or operator of con- pair shall be completed as soon as pos- tainers using Container Level 1 con- sible but no later than 5 calendar days trols shall inspect the containers and after detection. If repair of a defect their covers and closure devices as fol- cannot be completed within 5 calendar lows: days, then the hazardous waste shall be (i) In the case when a hazardous removed from the container and the waste already is in the container at the container shall not be used to manage time the owner or operator first ac- hazardous waste until the defect is re- cepts possession of the container at the paired. facility and the container is not (5) The owner or operator shall main- emptied within 24 hours after the con- tain at the facility a copy of the proce- tainer is accepted at the facility (i.e., dure used to determine that containers does not meet the conditions for an with capacity of 0.46 m3 or greater, empty container as specified in 40 CFR which do not meet applicable DOT reg- 261.7(b)), the owner or operator shall ulations as specified in paragraph (f) of visually inspect the container and its this section, are not managing haz- cover and closure devices to check for ardous waste in light material service. visible cracks, holes, gaps, or other (d) Container Level 2 standards. (1) A open spaces into the interior of the container using Container Level 2 con- container when the cover and closure trols is one of the following: devices are secured in the closed posi- (i) A container that meets the appli- tion. The container visual inspection cable U.S. Department of Transpor- shall be conducted on or before the tation (DOT) regulations on packaging date that the container is accepted at hazardous materials for transportation the facility (i.e., the date the container as specified in paragraph (f) of this sec- becomes subject to the subpart CC con- tion. tainer standards). For purposes of this (ii) A container that operates with no requirement, the date of acceptance is detectable organic emissions as defined the date of signature that the facility in § 265.1081 of this subpart and deter- owner or operator enters on Item 20 of mined in accordance with the proce- the Uniform Hazardous Waste Manifest dure specified in paragraph (g) of this (EPA Forms 8700–22 and 8700–22A), as section. required under subpart E of this part, (iii) A container that has been dem- at 40 CFR 265.71. 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. (ii) In the case when a container used (2) Transfer of hazardous waste in or for managing hazardous waste remains out of a container using Container at the facility for a period of 1 year or Level 2 controls shall be conducted in more, the owner or operator shall vis- such a manner as to minimize exposure ually inspect the container and its of the hazardous waste to the atmos- cover and closure devices initially and phere, to the extent practical, consid- thereafter, at least once every 12 ering the physical properties of the months, to check for visible cracks, hazardous waste and good engineering
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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: (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 emission 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- at the facility for a period of 1 year or ommendations, applicable regulations, more, the owner or operator shall vis- fire protection and prevention codes, ually inspect the container and its standard engineering codes and prac- cover and closure devices initially and tices, or other requirements for the thereafter, at least once every 12 safe handling of flammable, ignitable, months, to check for visible cracks, explosive, reactive, or hazardous mate- holes, gaps, or other open spaces into rials. Examples of normal operating the interior of the container when the conditions that may require these de- cover and closure devices are secured vices to open are during those times in the closed position. If a defect is de- when the internal pressure of the con- tected, the owner or operator shall re- tainer exceeds the internal pressure op- pair the defect in accordance with the erating range for the container as a re- requirements of paragraph (d)(4)(iii) of sult of loading operations or diurnal this section. ambient temperature fluctuations. (iii) When a defect is detected for the (v) Opening of a safety device, as de- container, cover, or closure devices, fined in § 265.1081 of this subpart, is al- the owner or operator shall make first lowed at any time conditions require efforts at repair of the defect no later doing so to avoid an unsafe condition. than 24 hours after detection, and re- (4) The owner or operator of con- pair shall be completed as soon as pos- tainers using Container Level 2 con- sible but no later than 5 calendar days trols shall inspect the containers and after detection. If repair of a defect their covers and closure devices as fol- cannot be completed within 5 calendar lows: days, then the hazardous waste shall be (i) In the case when a hazardous removed from the container and the waste already is in the container at the container shall not be used to manage time the owner or operator first ac- hazardous waste until the defect is re- cepts possession of the container at the paired. facility and the container is not (e) Container Level 3 standards. (1) A emptied within 24 hours after the con- container using Container Level 3 con- tainer is accepted at the facility (i.e., trols is one of the following: does not meet the conditions for an (i) A container that is vented directly empty container as specified in 40 CFR through a closed-vent system to a con- 261.7(b)), the owner or operator shall trol device in accordance with the re- visually inspect the container and its quirements of paragraph (e)(2)(ii) of cover and closure devices to check for this section. visible cracks, holes, gaps, or other (ii) A container that is vented inside open spaces into the interior of the an enclosure which is exhausted container when the cover and closure through a closed-vent system to a con- devices are secured in the closed posi- trol device in accordance with the re- tion. The container visual inspection quirements of paragraphs (e)(2)(i) and shall be conducted on or before the (e)(2)(ii) of this section. date that the container is accepted at (2) The owner or operator shall meet the facility (i.e., the date the container the following requirements, as applica- becomes subject to the subpart CC con- ble to the type of air emission control tainer standards). For purposes of this equipment selected by the owner or op- requirement, the date of acceptance is erator: the date of signature that the facility (i) The container enclosure shall be owner or operator enters on Item 20 of designed and operated in accordance the Uniform Hazardous Waste Manifest with the criteria for a permanent total (EPA Forms 8700–22 and 8700–22A), as enclosure as specified in ‘‘Procedure required under subpart E of this part, T—Criteria for and Verification of a at § 265.71. If a defect is detected, the Permanent or Temporary Total Enclo- owner or operator shall repair the de- sure’’ under 40 CFR 52.741, appendix B. fect in accordance with the require- The enclosure may have permanent or ments of paragraph (d)(4)(iii) of this temporary openings to allow worker section. access; passage of containers through (ii) In the case when a container used the enclosure by conveyor or other me- for managing hazardous waste remains chanical means; entry of permanent
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mechanical or electrical equipment; or (f) For the purpose of compliance direct airflow into the enclosure. The with paragraph (c)(1)(i) or (d)(1)(i) of owner or operator shall perform the this section, containers shall be used verification procedure for the enclo- that meet the applicable U.S. Depart- sure as specified in Section 5.0 to ment of Transportation (DOT) regula- ‘‘Procedure T—Criteria for and tions on packaging hazardous mate- Verification of a Permanent or Tem- rials for transportation as follows: porary Total Enclosure’’ initially when (1) The container meets the applica- the enclosure is first installed and, ble requirements specified in 49 CFR thereafter, annually. part 178—Specifications for Packaging (ii) The closed-vent system and con- or 49 CFR part 179—Specifications for trol device shall be designed and oper- Tank Cars. ated in accordance with the require- (2) Hazardous waste is managed in ments of § 265.1088 of this subpart. the container in accordance with the (3) Safety devices, as defined in applicable requirements specified in 49 § 265.1081 of this subpart, may be in- CFR part 107, subpart B—Exemptions; stalled and operated as necessary on 49 CFR part 172—Hazardous Materials any container, enclosure, closed-vent Table, Special Provisions, Hazardous system, or control device used to com- Materials Communications, Emergency ply with the requirements of paragraph Response Information, and Training (e)(1) of this 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 § 265.1088 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 § 265.1090(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 quirements of paragraph (d)(1)(ii) of hazardous waste and good engineering this section, the procedure specified in and safety practices for handling flam- § 265.1084(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, vapor-balancing system or a vapor-re- but are not limited to: The interface of covery system to collect and control the cover rim and the container wall; the vapors displaced from the con- the periphery of any opening on the tainer during filling operations; or a container or container cover and its as- fitted opening in the top of a container sociated closure device; and the sealing through which the hazardous waste is seat interface on a spring-loaded pres- filled and subsequently purging the sure-relief valve. transfer line before removing it from (2) The test shall be performed when the container opening. the container is filled with a material
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having a volatile organic concentra- ing the control device, each bypass de- tion representative of the range of vice shall be equipped with either a volatile organic concentrations for the flow indicator as specified in paragraph hazardous wastes expected to be man- (b)(3)(i) of this section or a seal or aged in this type of container. During locking device as specified in para- the test, the container cover and clo- graph (b)(3)(ii) of this section. For the sure devices shall be secured in the purpose of complying with this para- 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 59986, Nov. 25, 1996, as amended at 62 handle, damper lever) when the bypass FR 64666, Dec. 8, 1997; 64 FR 3391, Jan. 21, device is in the closed position such 1999; 71 FR 40276, July 14, 2006; 83 FR 458, Jan. that the bypass device cannot be 3, 2018] opened without breaking the seal or re- § 265.1088 Standards: Closed-vent sys- moving the lock. Examples of such de- tems and control devices. vices include, but are not limited to, a car-seal or a lock-and-key configura- (a) This section applies to each tion valve. The owner or operator shall closed-vent system and control device visually inspect the seal or closure installed and operated by the owner or mechanism at least once every month operator to control air emissions in ac- to verify that the bypass mechanism is cordance with standards of this sub- maintained in the closed position. part. (b) The closed-vent system shall (4) The closed-vent system shall be meet the following requirements: inspected and monitored by the owner (1) The closed-vent system shall or operator in accordance with the pro- route the gases, vapors, and fumes cedure specified in 40 CFR 265.1033(k). emitted from the hazardous waste in (c) The control device shall meet the the waste management unit to a con- following requirements: trol device that meets the require- (1) The control device shall be one of ments specified in paragraph (c) of this the following devices: section. (i) A control device designed and op- (2) The closed-vent system shall be erated to reduce the total organic con- designed and operated in accordance tent of the inlet vapor stream vented with the requirements specified in to the control device by at least 95 per- § 265.1033(j) of this part. cent by weight; (3) In the case when the closed-vent (ii) An enclosed combustion device system includes bypass devices that designed and operated in accordance could be used to divert the gas or vapor with the requirements of § 265.1033(c); stream to the atmosphere before enter- or
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(iii) A flare designed and operated in (3) The owner or operator using a car- accordance with the requirements of bon adsorption system to comply with § 265.1033(d). paragraph (c)(1) of this section shall (2) The owner or operator who elects operate and maintain the control de- to use a closed-vent system and control vice in accordance with the following device to comply with the require- requirements: ments of this section shall comply with (i) Following the initial startup of the requirements specified in para- the control device, all activated carbon graphs (c)(2)(i) through (c)(2)(vi) of this in the control device shall be replaced section. with fresh carbon on a regular basis in (i) Periods of planned routine main- accordance with the requirements of tenance of the control device, during § 265.1033(g) or § 265.1033(h). which the control device does not meet (ii) All carbon that is a hazardous the specifications of paragraphs waste and that is removed from the (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this control device shall be managed in ac- section, as applicable, shall not exceed cordance with the requirements of 40 240 hours per year. CFR 265.1033(m), regardless of the aver- (ii) The specifications and require- age volatile organic concentration of ments in paragraphs (c)(1)(i), (c)(1)(ii), the carbon. and (c)(1)(iii) of this section for control (4) An owner or operator using a con- devices do not apply during periods of trol device other than a thermal vapor planned routine maintenance. incinerator, flare, boiler, process heat- (iii) The specifications and require- er, condenser, or carbon adsorption ments in paragraphs (c)(1)(i), (c)(1)(ii), system to comply with paragraph (c)(1) and (c)(1)(iii) of this section for control of this section shall operate and main- devices do not apply during a control tain the control device in accordance device system malfunction. with the requirements of § 265.1033(i). (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 § 265.1090(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, and/or fumes are not ac- burning hazardous waste for which the tively vented to the control device dur- owner or operator has been issued a ing periods of planned maintenance or final permit under 40 CFR part 270 and control device system malfunction has designed and operates the unit in (i.e., periods when the control device is accordance with the requirements of 40 not operating or not operating nor- CFR part 266, subpart H; or mally) except in cases when it is nec- (E) A boiler or industrial furnace essary to vent the gases, vapors, or burning hazardous waste for which the fumes to avoid an unsafe condition or owner or operator has designed and op- to implement malfunction corrective erates in accordance with the interim actions or planned maintenance ac- status requirements of 40 CFR part 266, tions. subpart H.
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(ii) An owner or operator shall dem- § 265.1089 Inspection and monitoring onstrate the performance of each flare requirements. in accordance with the requirements (a) The owner or operator shall in- specified in § 265.1033(e). spect and monitor air emission control (iii) For a performance test con- equipment used to comply with this ducted to meet the requirements of subpart in accordance with the applica- paragraph (c)(5)(i) of this section, the ble requirements specified in § 265.1085 owner or operator shall use the test through § 265.1088 of this subpart. methods and procedures specified in (b) The owner or operator shall de- § 265.1034(c)(1) through (c)(4). velop and implement a written plan (iv) For a design analysis conducted and schedule to perform the inspec- to meet the requirements of paragraph tions and monitoring required by para- (c)(5)(i) of this section, the design anal- graph (a) of this section. The owner or ysis shall meet the requirements speci- operator shall incorporate this plan fied in § 265.1035(b)(4)(iii). and schedule into the facility inspec- (v) The owner or operator shall dem- tion plan required under 40 CFR 265.15. onstrate that a carbon adsorption sys- tem achieves the performance require- [61 FR 59990, Nov. 25, 1996] ments of paragraph (c)(1) of this sec- § 265.1090 Recordkeeping require- tion based on the total quantity of ments. organics vented to the atmosphere from all carbon adsorption system (a) Each owner or operator of a facil- equipment that is used for organic ad- ity subject to requirements in this sub- sorption, organic desorption or carbon part shall record and maintain the in- regeneration, organic recovery, and formation specified in paragraphs (b) carbon disposal. through (j) of this section, as applica- (6) If the owner or operator and the ble to the facility. Except for air emis- sion control equipment design docu- Regional Administrator do not agree mentation and information required by on a demonstration of control device paragraphs (i) and (j) of this section, performance using a design analysis records required by this section shall then the disagreement shall be resolved be maintained in the operating record using the results of a performance test for a minimum of 3 years. Air emission performed by the owner or operator in control equipment design documenta- accordance with the requirements of tion shall be maintained in the oper- paragraph (c)(5)(iii) of this section. The ating record until the air emission con- Regional Administrator may choose to trol equipment is replaced or otherwise have an authorized representative ob- no longer in service. Information re- serve the performance test. quired by paragraphs (i) and (j) of this (7) The closed-vent system and con- section shall be maintained in the op- trol device shall be inspected and mon- erating record for as long as the waste itored by the owner or operator in ac- management unit is not using air emis- cordance with the procedures specified sion controls specified in §§ 265.1085 in 40 CFR 265.1033(f)(2) and 40 CFR through 265.1088 of this subpart in ac- 265.1033(k). The readings from each cordance with the conditions specified monitoring device required by 40 CFR in § 265.1080(d) or § 265.1080(b)(7) of this 265.1033(f)(2) shall be inspected at least subpart, respectively. once each operating day to check con- (b) The owner or operator of a tank trol device operation. Any necessary using air emission controls in accord- corrective measures shall be imme- ance with the requirements of § 265.1085 diately implemented to ensure the con- of this subpart shall prepare and main- trol device is operated in compliance tain records for the tank that include with the requirements of this section. the following information: [59 FR 62935, Dec. 6, 1994, as amended at 61 (1) For each tank using air emission FR 4915, Feb. 9, 1996; 61 FR 59989, Nov. 25, controls in accordance with the re- 1996; 62 FR 64667, Dec. 8, 1997] quirements of § 265.1085 of this subpart, the owner or operator shall record:
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(i) A tank identification number (or face area. In the event that the seal other unique identification description gap measurements do not conform to as selected by the owner or operator). the specifications in § 265.1085(f)(1) of (ii) A record for each inspection re- this subpart, the records shall include quired by § 265.1085 of this subpart that a description of the repairs that were includes the following information: made, the date the repairs were made, (A) Date inspection was conducted. and the date the tank was emptied, if (B) For each defect detected during necessary. the inspection: The location of the de- (iv) Each owner or operator using an fect, a description of the defect, the enclosure to comply with the Tank date of detection, and corrective action Level 2 control requirements specified taken to repair the defect. In the event in § 265.1085(i) of this subpart shall pre- that repair of the defect is delayed in pare and maintain the following accordance with the provisions of records: § 265.1085 of this subpart, the owner or 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 § 265.1085(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 impoundment using air emission con- in the tank performed in accordance trols in accordance with the require- with the requirements of § 265.1085(c) of ments of § 265.1086 of this subpart shall this subpart. The records shall include prepare and maintain records for the the date and time the samples were surface impoundment that include the collected, the analysis method used, following information: and the analysis results. (1) A surface impoundment identi- (ii) The owner or operator using an fication number (or other unique iden- internal floating roof to comply with tification description as selected by the Tank Level 2 control requirements the owner or operator). specified in § 265.1085(e) of this subpart (2) Documentation describing the shall prepare and maintain documenta- floating membrane cover or cover de- tion describing the floating roof design. sign, as applicable to the surface im- (iii) Owners and operators using an poundment, that includes information external floating roof to comply with prepared by the owner or operator or the Tank Level 2 control requirements provided by the cover manufacturer or specified in § 265.1085(f) of this subpart vendor describing the cover design, and shall prepare and maintain the fol- certification by the owner or operator lowing records: (A) Documentation describing the that the cover meets the specifications floating roof design and the dimensions listed in § 265.1086(c) of this subpart. of the tank. (3) A record for each inspection re- (B) Records for each seal gap inspec- quired by § 265.1086 of this subpart that tion required by § 265.1085(f)(3) of this includes the following information: subpart describing the results of the (i) Date inspection was conducted. seal gap measurements. The records (ii) For each defect detected during shall include the date that the meas- the inspection the following informa- urements were performed, the raw data tion: The location of the defect, a de- obtained for the measurements, and scription of the defect, the date of de- the calculations of the total gap sur- tection, and corrective action taken to
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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 § 265.1086(f) vice design in accordance with 40 CFR of this subpart, the owner or operator 265.1035(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 265.1035(b)(3) and all test trol device, the owner or operator shall results. prepare and maintain the records speci- (iv) Information as required by 40 fied in paragraph (e) of this section. CFR 265.1035(c)(1) and 40 CFR (d) The owner or operator of con- 265.1035(c)(2), as applicable. tainers using Container Level 3 air (v) An owner or operator shall record, emission controls in accordance with on a semiannual basis, the information the requirements of § 265.1087 of this specified in paragraphs (e)(1)(v)(A) and subpart shall prepare and maintain (e)(1)(v)(B) of this section for those records that include the following in- planned routine maintenance oper- formation: ations that would require the control (1) Records for the most recent set of device not to meet the requirements of calculations and measurements per- § 265.1088 (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) formed by the owner or operator to of this subpart, as applicable. verify that the enclosure meets the cri- (A) A description of the planned rou- teria of a permanent total enclosure as tine maintenance that is anticipated to specified in ‘‘Procedure T—Criteria for be performed for the control device and Verification of a Permanent or during the next 6-month period. This Temporary Total Enclosure’’ under 40 description shall include the type of CFR 52.741, appendix B. maintenance necessary, planned fre- (2) Records required for the closed- quency of maintenance, and lengths of vent system and control device in ac- maintenance periods. cordance with the requirements of (B) A description of the planned rou- paragraph (e) of this section. tine maintenance that was performed (e) The owner or operator using a for the control device during the pre- closed-vent system and control device vious 6-month period. This description in accordance with the requirements of shall include the type of maintenance § 265.1088 of this subpart shall prepare performed and the total number of and maintain records that include the hours during those 6 months that the following information: control device did not meet the re- (1) Documentation for the closed- quirements of § 265.1088 (c)(1)(i), vent system and control device that in- (c)(1)(ii), or (c)(1)(iii) of this subpart, as cludes: applicable, due to planned routine (i) Certification that is signed and maintenance. dated by the owner or operator stating (vi) An owner or operator shall that the control device is designed to record the information specified in operate at the performance level docu- paragraphs (e)(1)(vi)(A) through mented by a design analysis as speci- (e)(1)(vi)(C) of this section for those un- fied in paragraph (e)(1)(ii) of this sec- expected control device system mal- tion or by performance tests as speci- functions that would require the con- fied in paragraph (e)(1)(iii) of this sec- trol device not to meet the require- tion when the tank, surface impound- ments of § 265.1088 (c)(1)(i), (c)(1)(ii), or ment, or container is or would be oper- (c)(1)(iii) of this subpart, as applicable. ating at capacity or the highest level (A) The occurrence and duration of reasonably expected to occur. each malfunction of the control device (ii) If a design analysis is used, then system. design documentation as specified in 40 (B) The duration of each period dur- CFR 265.1035(b)(4). The documentation ing a malfunction when gases, vapors, shall include information prepared by or fumes are vented from the waste the owner or operator or provided by management unit through the closed-
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vent system to the control device while (h) The owner or operator of a facil- the control device is not properly func- ity that is subject to this subpart and tioning. to the control device standards in 40 (C) Actions taken during periods of CFR part 60, subpart VV, or 40 CFR malfunction to restore a malfunc- part 61, subpart V, may elect to dem- tioning control device to its normal or onstrate compliance with the applica- usual manner of operation. ble sections of this subpart by docu- (vii) Records of the management of mentation either pursuant to this sub- carbon removed from a carbon adsorp- part, or pursuant to the provisions of 40 tion system conducted in accordance CFR part 60, subpart VV or 40 CFR part with § 265.1088(c)(3)(ii) of this subpart. 61, subpart V, to the extent that the (f) The owner or operator of a tank, documentation required by 40 CFR surface impoundment, or container ex- parts 60 or 61 duplicates the docu- empted from standards in accordance mentation required by this section. with the provisions of § 265.1083(c) of (i) For each tank or container not this subpart shall prepare and main- using air emission controls specified in tain the following records, as applica- §§ 265.1085 through 265.1088 of this sub- ble: part in accordance with the conditions specified in § 265.1080(d) of this subpart, (1) For tanks, surface impoundments, the owner or operator shall record and or containers exempted under the haz- maintain the following information: ardous waste organic concentration (1) A list of the individual organic conditions specified in § 265.1083(c)(1) or peroxide compounds manufactured at § 265.1083(c)(2)(i) through (c)(2)(vi) of the facility that meet the conditions this subpart, the owner or operator specified in § 265.1080(d)(1). shall record the information used for (2) A description of how the haz- each waste determination (e.g., test re- ardous waste containing the organic sults, measurements, calculations, and peroxide compounds identified in para- other documentation) in the facility graph (i)(1) of this section are managed operating log. If analysis results for at the facility in tanks and containers. waste samples are used for the waste This description shall include the fol- determination, then the owner or oper- lowing information: ator shall record the date, time, and lo- (i) For the tanks used at the facility cation that each waste sample is col- to manage this hazardous waste, suffi- lected in accordance with applicable cient information shall be provided to requirements of § 265.1084 of this sub- describe for each tank: A facility iden- part. tification number for the tank; the (2) For tanks, surface impoundments, purpose and placement of this tank in or containers exempted under the pro- the management train of this haz- visions of § 265.1083(c)(2)(vii) or ardous waste; and the procedures used § 265.1083(c)(2)(viii) of this subpart, the to ultimately dispose of the hazardous owner or operator shall record the waste managed in the tanks. identification number for the inciner- (ii) For containers used at the facil- ator, boiler, or industrial furnace in ity to manage these hazardous wastes, which the hazardous waste is treated. sufficient information shall be pro- (g) An owner or operator designating vided to describe: A facility identifica- a cover as ‘‘unsafe to inspect and mon- tion number for the container or group itor’’ pursuant to § 265.1085(l) or of containers; the purpose and place- § 265.1086(g) of this subpart shall record ment of this container, or group of con- in a log that is kept in the facility op- tainers, in the management train of erating record the following informa- this hazardous waste; and the proce- tion: The identification numbers for dures used to ultimately dispose of the waste management units with covers hazardous waste handled in the con- that are designated as ‘‘unsafe to in- tainers. spect and monitor,’’ the explanation (3) An explanation of why managing for each cover stating why the cover is the hazardous waste containing the or- unsafe to inspect and monitor, and the ganic peroxide compounds identified in plan and schedule for inspecting and paragraph (i)(1) of this section in the monitoring each cover. tanks and containers as described in
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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- §§ 265.1085 through 265.1088 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 59990, Nov. 25, 1996, as amended at 62 (i) For tanks used at the facility to FR 64667, Dec. 8, 1997; 71 FR 40276, July 14, manage these hazardous wastes, suffi- 2006] cient information shall be provided to explain: How use of the required air § 265.1091 [Reserved] emission controls on the tanks would affect the tank design features and fa- Subpart DD—Containment cility operating procedures currently Buildings used to prevent an undue safety hazard during the management of this haz- SOURCE: 57 FR 37268, Aug. 18, 1992, unless ardous waste in the tanks; and why in- otherwise noted. stallation of safety devices on the re- quired air emission controls, as allowed § 265.1100 Applicability. under this subpart, will not address The requirements of this subpart those situations in which evacuation of apply to owners or operators who store tanks equipped with these air emission or treat hazardous waste in units de- controls is necessary and consistent signed and operated under § 265.1101 of with good engineering and safety prac- this subpart. The owner or operator is tices for handling organic peroxides. not subject to the definition of land (ii) For containers used at the facil- disposal in RCRA section 3004(k) pro- ity to manage these hazardous wastes, vided that the unit: sufficient information shall be pro- (a) Is a completely enclosed, self-sup- vided to explain: How use of the re- porting structure that is designed and quired air emission controls on the constructed of manmade materials of containers would affect the container sufficient strength and thickness to design features and handling proce- support themselves, the waste con- dures currently used to prevent an tents, and any personnel and heavy undue safety hazard during the man- equipment that operate within the agement of this hazardous waste in the units, and to prevent failure due to containers; and why installation of pressure gradients, settlement, com- safety devices on the required air emis- pression, or uplift, physical contact sion controls, as allowed under this with the hazardous wastes to which subpart, will not address those situa- they are exposed; climatic conditions; tions in which evacuation of containers and the stresses of daily operation, in- equipped with these air emission con- cluding the movement of heavy equip- trols is necessary and consistent with ment within the unit and contact of good engineering and safety practices such equipment with containment for handling organic peroxides. walls; (j) For each hazardous waste manage- (b) Has a primary barrier that is de- ment unit not using air emission con- signed to be sufficiently durable to trols specified in §§ 265.1085 through withstand the movement of personnel 265.1088 of this subpart in accordance and handling equipment within the with the provisions of § 265.1080(b)(7) of unit; this subpart, the owner and operator (c) If the unit is used to manage liq- shall record and maintain the following uids, has: information: (1) A primary barrier designed and (1) Certification that the waste man- constructed of materials to prevent mi- agement unit is equipped with and op- gration of hazardous constituents into erating air emission controls in accord- the barrier; ance with the requirements of an appli- (2) A liquid collection system de- cable Clean Air Act regulation codified signed and constructed of materials to
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minimize the accumulation of liquid on fessional organizations generally rec- the primary barrier; and ognized by the industry such as the (3) A secondary containment system American Concrete Institute (ACI) and designed and constructed of materials the American Society of Testing Mate- to prevent migration of hazardous con- rials (ASTM) in judging the structural stituents into the barrier, with a leak integrity requirements of this para- detection and liquid collection system graph. If appropriate to the nature of capable of detecting, collecting, and re- the waste management operation to moving leaks of hazardous constituents take place in the unit, an exception to at the earliest possible time, unless the the structural strength requirement unit has been granted a variance from may be made for light-weight doors the secondary containment system re- and windows that meet these criteria: quirements under § 265.1101(b)(4); (i) They provide an effective barrier (d) Has controls as needed to prevent against fugitive dust emissions under fugitive dust emissions; and paragraph (c)(1)(iv); and (e) Is designed and operated to ensure (ii) The unit is designed and operated containment and prevent the tracking in a fashion that assures that wastes of materials from the unit by personnel will not actually come in contact with or equipment. these openings. [57 FR 37268, Aug. 18, 1992, as amended at 71 (3) Incompatible hazardous wastes or FR 16912, Apr. 4, 2006; 71 FR 40276, July 14, treatment reagents must not be placed 2006] in the unit or its secondary contain- ment system if they could cause the § 265.1101 Design and operating stand- unit or secondary containment system ards. to leak, corrode, or otherwise fail. (a) All containment buildings must (4) A containment building must comply with the following design have a primary barrier designed to standards: withstand the movement of personnel, (1) The containment building must be waste, and handling equipment in the completely enclosed with a floor, walls, unit during the operating life of the and a roof to prevent exposure to the unit and appropriate for the physical elements, (e.g., precipitation, wind, and chemical characteristics of the run-on), and to assure containment of waste to be managed. managed wastes. (b) For a containment building used (2) The floor and containment walls to manage hazardous wastes con- of the unit, including the secondary taining free liquids or treated with free containment system if required under liquids (the presence of which is deter- paragraph (b) of this section, must be mined by the paint filter test, a visual designed and constructed of materials examination, or other appropriate of sufficient strength and thickness to means), the owner or operator must in- support themselves, the waste con- clude: tents, and any personnel and heavy (1) A primary barrier designed and equipment that operate within the constructed of materials to prevent the unit, and to prevent failure due to pres- migration of hazardous constituents sure gradients, settlement, compres- into the barrier (e.g. a geomembrane sion, or uplift, physical contact with covered by a concrete wear surface). the hazardous wastes to which they are (2) A liquid collection and removal exposed; climatic conditions; and the system to prevent the accumulation of stresses of daily operation, including liquid on the primary barrier of the the movement of heavy equipment containment building: within the unit and contact of such (i) The primary barrier must be equipment with containment walls. sloped to drain liquids to the associ- The unit must be designed so that it ated collection system; and has sufficient structural strength to (ii) Liquids and waste must be col- prevent collapse or other failure. All lected and removed to minimize hy- surfaces to be in contact with haz- draulic head on the containment sys- ardous wastes must be chemically com- tem at the earliest practicable time patible with those wastes. EPA will that protects human health and the en- consider standards established by pro- vironment.
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(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 (i) The requirements of the leak de- retrofitting the unit with secondary tection component of the secondary containment; containment system are satisfied by (ii) Respond to any comments from installation of a system that is, at a the Regional Administrator on these minimum: plans within 30 days; and (A) Constructed with a bottom slope (iii) Fulfill the terms of the revised of 1 percent or more; and plans, if such plans are approved by the (B) Constructed of a granular drain- Regional Administrator. age material with a hydraulic conduc- (c) Owners or operators of all con- tainment buildings must: tivity of 1 × 10¥2 cm/sec or more and a (1) Use controls and practices to en- thickness of 12 inches (30.5 cm) or sure containment of the hazardous more, or constructed of synthetic or waste within the unit; and, at a min- geonet drainage materials with a imum: transmissivity of 3 × 10¥5 m2/sec or (i) Maintain the primary barrier to more. be free of significant cracks, gaps, cor- (ii) If treatment is to be conducted in rosion, or other deterioration that the building, an area in which such could cause hazardous waste to be re- treatment will be conducted must be leased from the primary barrier; designed to prevent the release of liq- (ii) Maintain the level of the stored/ uids, wet materials, or liquid aerosols treated hazardous waste within the to other portions of the building. containment walls of the unit so that (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. In building can serve as an external liner addition, all associated particulate col- system for a tank, provided it meets lection devices (e.g., fabric filter, elec- the requirements of § 265.193(e)(1). In trostatic precipitator) must be oper- addition, the containment building ated and maintained with sound air must meet the requirements of § 265.193 pollution control practices. This state (b) and (c) to be considered an accept- of no visible emissions must be main- able secondary containment system for tained effectively at all times during a tank.) normal operating conditions, including (4) For existing units other than 90- when vehicles and personnel are enter- day generator units, the Regional Ad- ing and exiting the unit. ministrator may delay the secondary (2) Obtain and keep on-site a certifi- containment requirement for up to two cation by a qualified Professional Engi- years, based on a demonstration by the neer that the containment building de- owner or operator that the unit sub- sign meets the requirements of para- stantially meets the standards of this graphs (a), (b), and (c) of this section.
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(3) Throughout the active life of the containment building to detect signs of containment building, if the owner or releases of hazardous waste. operator detects a condition that could (d) For a containment building that lead to or has caused a release of haz- contains both areas with and without ardous waste, the owner or operator secondary containment, the owner or must repair the condition promptly, in operator must: accordance with the following proce- (1) Design and operate each area in dures. accordance with the requirements enu- (i) Upon detection of a condition that merated in paragraphs (a) through (c) has led to a release of hazardous waste of this section; (e.g., upon detection of leakage from (2) Take measures to prevent the re- the primary barrier) the owner or oper- lease of liquids or wet materials into ator must: areas without secondary containment; (A) Enter a record of the discovery in and the facility operating record; (3) Maintain in the facility’s oper- (B) Immediately remove the portion ating log a written description of the of the containment building affected operating procedures used to maintain by the condition from service; the integrity of areas without sec- (C) Determine what steps must be ondary containment. taken to repair the containment build- (e) Notwithstanding any other provi- ing, remove any leakage from the sec- sion of this subpart, the Regional Ad- ondary collection system, and establish ministrator may waive requirements a schedule for accomplishing the clean- for secondary containment for a per- up and repairs; and mitted containment building where the (D) Within 7 days after the discovery owner or operator demonstrates that of the condition, notify the Regional the only free liquids in the unit are Administrator of the condition, and limited amounts of dust suppression within 14 working days, provide a writ- liquids required to meet occupational ten notice to the Regional Adminis- health and safety requirements, and trator with a description of the steps where containment of managed wastes taken to repair the containment build- and liquids can be assured without a ing, and the schedule for accomplishing secondary containment system. the work. [57 FR 37268, Aug. 18, 1992, as amended at 71 (ii) The Regional Administrator will FR 16912, Apr. 4, 2006; 71 FR 40276, July 14, review the information submitted, 2006; 81 FR 85827, Nov. 28, 2016] make a determination regarding whether the containment building § 265.1102 Closure and post-closure must be removed from service com- care. pletely or partially until repairs and (a) At closure of a containment build- cleanup are complete, and notify the ing, the owner or operator must re- owner or operator of the determination move or decontaminate all waste resi- and the underlying rationale in writ- dues, contaminated containment sys- ing. tem components (liners, etc.), contami- (iii) Upon completing all repairs and nated subsoils, and structures and cleanup the owner or operator must no- equipment contaminated with waste tify the Regional Administrator in and leachate, and manage them as haz- writing and provide a verification, ardous waste unless § 261.3(d) of this signed by a qualified, registered profes- chapter applies. The closure plan, clo- sional engineer, that the repairs and sure activities, cost estimates for clo- cleanup have been completed according sure, and financial responsibility for to the written plan submitted in ac- containment buildings must meet all cordance with paragraph (c)(3)(i)(D) of of the requirements specified in sub- this section. parts G and H of this part. (4) Inspect and record in the facility’s (b) If, after removing or decontami- operating record at least once every nating all residues and making all rea- seven days data gathered from moni- sonable efforts to effect removal or de- toring and leak detection equipment as contamination of contaminated compo- well as the containment building and nents, subsoils, structures, and equip- the area immediately surrounding the ment as required in paragraph (a) of
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this section, the owner or operator (3) For wastes stored outdoors, pro- finds that not all contaminated sub- vide that the waste and containers will soils can be practicably removed or de- not be in standing precipitation; contaminated, he must close the facil- (4) For liquid wastes, provide a sec- ity and perform post-closure care in ac- ondary containment system that cordance with the closure and post-clo- assures that any released liquids are sure requirements that apply to land- contained and promptly detected and fills (§ 265.310). In addition, for the pur- removed from the waste area, or vapor poses of closure, post-closure, and fi- detection system that assures that any nancial responsibility, such a contain- released liquids or vapors are promptly ment building is then considered to be detected and an appropriate response a landfill, and the owner or operator taken (e.g., additional containment, must meet all of the requirements for such as overpacking, or removal from landfills specified in subparts G and H the waste area); and of this part. (5) Provide monitoring and inspec- §§ 265.1103–265.1110 [Reserved] tion procedures that assure the con- trols and containment systems are working as designed and that releases Subpart EE—Hazardous Waste that may adversely impact human Munitions and Explosives Storage health or the environment are not es- caping from the unit. SOURCE: 62 FR 6653, Feb. 12, 1997, unless (b) Hazardous waste munitions and otherwise noted. explosives stored under this subpart may be stored in one of the following: § 265.1200 Applicability. (1) Earth-covered magazines. Earth- The requirements of this subpart covered magazines must be: apply to owners or operators who store (i) Constructed of waterproofed, rein- munitions and explosive hazardous forced concrete or structural steel wastes, except as § 265.1 provides other- arches, with steel doors that are kept wise. (NOTE: Depending on explosive closed when not being accessed; hazards, hazardous waste munitions (ii) Designed and constructed: and explosives may also be managed in (A) To be of sufficient strength and other types of storage units, including thickness to support the weight of any containment buildings (40 CFR part explosives or munitions stored and any 265, subpart DD), tanks (40 CFR part equipment used in the unit; 265, subpart J), or containers (40 CFR part 265, subpart I); See 40 CFR 266.205 (B) To provide working space for per- for storage of waste military muni- sonnel and equipment in the unit; and tions). (C) To withstand movement activi- ties that occur in the unit; and § 265.1201 Design and operating stand- (iii) Located and designed, with walls ards. and earthen covers that direct an ex- (a) Hazardous waste munitions and plosion in the unit in a safe direction, explosives storage units must be de- so as to minimize the propagation of an signed and operated with containment explosion to adjacent units and to min- systems, controls, and monitoring, imize other effects of any explosion. that: (2) Above-ground magazines. Above- (1) Minimize the potential for detona- ground magazines must be located and tion or other means of release of haz- designed so as to minimize the propa- ardous waste, hazardous constituents, gation of an explosion to adjacent hazardous decomposition products, or units and to minimize other effects of contaminated run-off, to the soil, any explosion. ground water, surface water, and at- (3) Outdoor or open storage areas. Out- mosphere; door or open storage areas must be lo- (2) Provide a primary barrier, which cated and designed so as to minimize may be a container (including a shell) the propagation of an explosion to ad- or tank, designed to contain the haz- jacent units and to minimize other ef- ardous waste; fects of any explosion.
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(c) Hazardous waste munitions and contaminated, he or she must close the explosives must be stored in accord- facility and perform post-closure care ance with a Standard Operating Proce- in accordance with the closure and dure specifying procedures to ensure post-closure requirements that apply safety, security, and environmental to landfills (40 CFR 264.310). protection. If these procedures serve the same purpose as the security and Subpart FF—Fees for the Electronic inspection requirements of 40 CFR Hazardous Waste Manifest 265.14, the preparedness and prevention procedures of 40 CFR part 265, subpart Program C, and the contingency plan and emer- gency procedures requirements of 40 SOURCE: 83 FR 459, Jan. 3, 2018, unless oth- CFR part 265, subpart D, then these erwise noted. procedures will be used to fulfill those requirements. § 265.1300 Applicability. (d) Hazardous waste munitions and (a) This subpart prescribes: explosives must be packaged to ensure (1) The methodology by which EPA safety in handling and storage. will determine the user fees which own- (e) Hazardous waste munitions and ers or operators of facilities must pay explosives must be inventoried at least for activities and manifest related annually. services provided by EPA through the (f) Hazardous waste munitions and development and operation of the elec- explosives and their storage units must tronic hazardous waste manifest sys- be inspected and monitored as nec- tem (e-Manifest system); and essary to ensure explosives safety and (2) The process by which EPA will re- to ensure that there is no migration of vise e-Manifest system fees and provide contaminants out of the unit. notice of the fee schedule revisions to § 265.1202 Closure and post-closure owners or operators of facilities. care. (b) The fees determined under this subpart apply to owners or operators of (a) At closure of a magazine or unit facilities whose activities receiving, re- which stored hazardous waste under jecting, or managing federally- or this subpart, the owner or operator state-regulated wastes or other mate- must remove or decontaminate all rials bring them within the definition waste residues, contaminated contain- of ‘‘user of the electronic manifest sys- ment system components, contami- nated subsoils, and structures and tem’’ under § 260.10 of this chapter. equipment contaminated with waste, § 265.1310 Definitions applicable to and manage them as hazardous waste this subpart. unless § 261.3(d) of this chapter applies. The closure plan, closure activities, The following definitions apply to cost estimates for closure, and finan- this subpart: cial responsibility for magazines or Consumer price index means the con- units must meet all of the require- sumer price index for all U.S. cities ments specified in subparts G and H of using the ‘‘U.S. city average’’ area, this part, except that the owner or op- ‘‘all items’’ and ‘‘not seasonally ad- erator may defer closure of the unit as justed’’ numbers calculated by the Bu- long as it remains in service as a muni- reau of Labor Statistics in the Depart- tions or explosives magazine or storage ment of Labor. unit. CROMERR costs are the sub-category (b) If, after removing or decontami- of operations and maintenance costs nating all residues and making all rea- that are expended by EPA in imple- sonable efforts to effect removal or de- menting electronic signature, user reg- contamination of contaminated compo- istration, identity proofing, and copy nents, subsoils, structures, and equip- of record solutions that meet EPA’s ment as required in paragraph (a) of electronic reporting regulations as set this section, the owner or operator forth in the Cross Media Electronic Re- finds that not all contaminated sub- porting Rule (CROMERR) as codified at soils can be practicably removed or de- 40 CFR part 3.
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Electronic manifest submissions means Marginal labor costs mean the human manifests that are initiated electroni- labor costs incurred by staff operating cally using the electronic format sup- the paper manifest processing center in ported by the e-Manifest system, and conducting data key entry, QA, scan- that are signed electronically and sub- ning, copying, and other manual or mitted electronically to the e-Manifest clerical functions necessary to process system by facility owners or operators the data from paper manifest submis- to indicate the receipt or rejection of sions into the e-Manifest system’s data the wastes identified on the electronic repository. manifest. Electronic manifest submis- Operations and maintenance costs sions include the hybrid or mixed mean all system related costs incurred paper/electronic manifests authorized by EPA or its contractors after the ac- under § 262.24(c)(1) of this chapter. tivation of the e-Manifest system. Op- EPA program costs mean the Agency’s erations and maintenance costs include intramural and non-information tech- the costs of operating the electronic nology extramural costs expended in manifest information technology sys- the design, development and operations tem and data repository, CROMERR of the e-Manifest system, as well as in costs, help desk costs, EPA program regulatory development activities sup- costs incurred after e-Manifest system porting e-Manifest, in conducting its activation, and the costs of operating capital planning, project management, the paper manifest processing center, oversight and outreach activities re- other than the paper processing cen- lated to e-Manifest, in conducting eco- ter’s marginal labor costs. nomic analyses supporting e-Manifest, Paper manifest submissions mean sub- and in establishing the System Advi- missions to the paper processing center sory Board to advise EPA on the sys- of the e-Manifest system by facility tem. Depending on the date on which owners or operators, of the data from EPA program costs are incurred, these costs may be further classified as ei- the designated facility copy of a paper ther system setup costs or operations manifest, EPA Form 8700–22, or a paper and maintenance costs. Continuation Sheet, EPA Form 8700– 22A. Such submissions may be made by Help desk costs mean the costs in- curred by EPA or its contractors to op- mailing the paper manifests or con- erate the e-Manifest Help Desk, which tinuation sheets, by submitting image EPA will establish to provide e-Mani- files from paper manifests or continu- fest system users with technical assist- ation sheets in accordance with ance and related support activities. § 265.1311(b), or by submitting both an Indirect costs mean costs not captured image file and data file in accordance as marginal costs, system setup costs, with the procedures of § 265.1311(c). or operations and maintenance costs, System setup costs mean all system re- but that are necessary to capture be- lated costs, intramural or extramural, cause of their enabling and supporting incurred by EPA prior to the activa- nature, and to ensure full cost recov- tion of the e-Manifest system. Compo- ery. Indirect costs include, but are not nents of system setup costs include the limited to, such cost items as physical procurement costs from procuring the overhead, maintenance, utilities, and development and testing of the e-Mani- rents on land, buildings, or equipment. fest system, and the EPA program Indirect costs also include the EPA costs incurred prior to e-Manifest sys- costs incurred from the participation tem activation. of EPA offices and upper management personnel outside of the lead program § 265.1311 Manifest transactions sub- office responsible for implementing the ject to fees. e-Manifest program. (a) Per manifest fee. Fees shall be as- Manifest submission type means the sessed on a per manifest basis for the type of manifest submitted to the e- following manifest submission trans- Manifest system for processing, and in- actions: cludes electronic manifest submissions (1) The submission of each electronic and paper manifest submissions. manifest that is electronically signed
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and submitted to the e-Manifest sys- mitted image files are accurate and tem by the owners or operators of re- complete representations of the facili- ceiving facilities, with the fee assessed ty’s received manifests, and that the at the applicable rate for electronic facility acknowledges that it is obli- manifest submissions; gated to pay the applicable per mani- (2) The submission of each paper fest fee for each manifest included in manifest submission to the paper proc- the submission. essing center signed by owners or oper- (c) Data file uploads from paper mani- ators of receiving facilities, with the fests. Receiving facilities may submit fee assessed according to whether the data file representations of completed, manifest is submitted to the system by ink-signed manifests in lieu of submit- mail, by the upload of an image file, or ting mailed paper forms or image files by the upload of a data file representa- to the e-Manifest system. Such data tion of the paper manifest; and file submissions from paper manifests (3) The submission of copies of return may be made for individual manifests shipment manifests by facilities that received by a facility or as a batch are rejecting hazardous wastes and re- upload of data files from multiple turning hazardous wastes under return paper manifests received at the facil- manifests to the original generator. ity. This fee is assessed for the processing (1) The data file upload must be made of the return shipment manifest(s), and in a data file format approved by EPA is assessed at the applicable rate deter- and supported by the e-Manifest sys- mined by the method of submission. tem; The submission shall also include a (2) The receiving facility must also copy of the original signed manifest submit an image file of each manifest showing the rejection of the wastes. that is included in the individual or (b) Image file uploads from paper mani- batch data file upload; and fests. Receiving facilities may submit (3) At the time of submission of the image file uploads of completed, ink- data file upload, a responsible rep- signed manifests in lieu of submitting resentative of the receiving facility mailed paper forms to the e-Manifest must make a CROMERR compliant system. Such image file upload submis- certification that to the representa- sions may be made for individual mani- tive’s knowledge or belief, the data and fests received by a facility or as a images submitted are accurate and batch upload of image files from mul- complete representations of the facili- tiple paper manifests received at the ty’s received manifests, and that the facility. facility acknowledges that it is obli- (1) The image file upload must be gated to pay the applicable per mani- made in an image file format approved fest fee for each manifest included in by EPA and supported by the e-Mani- the submission. fest system; and (2) At the time of submission of an § 265.1312 User fee calculation method- image file upload, a responsible rep- ology. resentative of the receiving facility (a) The fee calculation formula or must make a CROMERR compliant methodology that EPA will use ini- certification that to the representa- tially to determine per manifest fees is tive’s knowledge or belief, the sub- as follows:
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Where Feei represents the per mani- does not equal or exceed 75% of total fest fee for each manifest submission manifest usage, EPA may transition to type ‘‘i’’ and Nt refers to the total num- the following formula or methodology ber of manifests completed in a year. to determine per manifest fees: (b)(1) If after four years of system op- erations, electronic manifest usage
Where Ni refers to the total number § 265.1313 User fee revisions. of one of the four manifest submission (a) Revision schedule. (1) EPA will re- types ‘‘i’’ completed in a year and vise the fee schedules for e-Manifest O&M Cost refers to the differential i submissions and related activities at O&M Cost for each manifest submis- two-year intervals, by utilizing the ap- sion type ‘‘i.’’ plicable fee calculation formula pre- (2) At the completion of four years of scribed in § 265.1312 and the most recent system operations, EPA shall publish a program cost and manifest usage num- notice: bers. (i) Stating the date upon which the (2) The fee schedules will be pub- fee formula set forth in paragraph lished to users through the e-Manifest (b)(1) of this section shall become effec- program website by July 1 of each odd tive; or numbered calendar year, and will cover (ii) Stating that the fee formula in the next two fiscal years beginning on paragraph (b)(1) of this section shall October 1 of that year and ending on not go into effect under this section, September 30 of the next odd numbered and that the circumstances of elec- year. tronic manifest adoption and the ap- (b) Inflation adjuster. The second year propriate fee response shall be referred of each two-year fee schedule shall be to the System Advisory Board for the adjusted for inflation by using the fol- Board’s advice. lowing adjustment formula:
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FeeiYear 2 = FeeiYear1 × (CPIYear2–2/ ice offered by the Department of Treas- CPIYear2–1) ury. (c) All fees for which payments are Where: owed in response to an electronic in- FeeiYear2 is the Fee for each type of manifest submission ‘‘i’’ in Year 2 of the fee cycle; voice or bill must be paid within 30 days of the date of the invoice or bill. FeeiYear1 is the Fee for each type of manifest submission ‘‘i’’ in Year 1 of the fee cycle; and § 265.1315 Sanctions for delinquent CPIYear2–2/CPIYear2–1 is the ratio of the CPI payments. published for the year two years prior to (a) Interest. In accordance with 31 Year 2 to the CPI for the year one year U.S.C. 3717(a)(1), delinquent e-Manifest prior to Year 2 of the cycle. user fee accounts shall be charged a (c) Revenue recovery adjusters. The fee minimum annual rate of interest equal schedules published at two-year inter- to the average investment rate for vals under this section shall include an Treasury tax and loan accounts (Cur- adjustment to recapture revenue lost rent Value of Funds Rate or CVFR) for in the previous two-year fee cycle on the 12-month period ending September account of imprecise estimates of 30th of each year, rounded to the near- manifest usage. This adjustment shall est whole percent. be calculated using the following ad- (1) E-Manifest user fee accounts are justment formula to calculate a rev- delinquent if the accounts remain un- enue recapture amount which will be paid after the due date specified in the added to O&M Costs in the fee calcula- invoice or other notice of the fee tion formula of § 265.1312: amount owed. Revenue Recapturei = [(NiYear1 + (2) Due dates for invoiced or elec- NiYear2)Actual ¥ (NiYear1 + NiYear2)Est] × tronically billed fee amounts shall be Feei(Ave) 30 days from the date of the electronic Where: invoice or bill. (b) Financial penalty. In accordance Revenue Recapturei is the amount of fee rev- enue recaptured for each type of mani- with 31 U.S.C. 3717(e), e-Manifest user fest submission ‘‘i;’’ fee accounts that are more than 90 (NiYear1 + NiYear2)Actual ¥ (NiYear1 + NiYear2)Est is days past due (i.e., not paid by date 120 the difference between actual manifest days from date of invoice) shall be numbers submitted to the system for charged an additional penalty of 6% each manifest type during the previous 2- per year assessed on any part of the year cycle, and the numbers estimated debt that is past due for more than 90 when we developed the previous cycle’s days, plus any applicable processing fee schedule; and and handling charges. Feei(Ave) is the average fee charged per mani- fest type over the previous two-year (c) Compliance with manifest perfection cycle. requirement. A manifest is fully per- fected when: § 265.1314 How to make user fee pay- (1) The manifest has been submitted ments. by the owner or operator of a receiving (a) All fees required by this subpart facility to the e-Manifest system, as ei- shall be paid by the owners or opera- ther an electronic submission or a tors of the receiving facility in re- paper manifest submission; and sponse to an electronic invoice or bill (2) All user fees arising from the sub- identifying manifest-related services mission of the manifest have been fully provided to the user during the pre- paid. vious month and identifying the fees owed for the enumerated services. § 265.1316 Informal fee dispute resolu- (b) All fees required by this subpart tion. shall be paid to EPA by the facility (a) Users of e-Manifest services that electronically in U.S. dollars, using one believe their invoice or charges to be in of the electronic payment methods sup- error must present their claims for fee ported by the Department of the Treas- dispute resolution informally using the ury’s Pay.gov online electronic pay- process described in this section. ment service, or any applicable addi- (b) Users asserting a billing dispute tional online electronic payment serv- claim must first contact the system’s
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billing representatives by phone or (ii) If a claim is rejected, then the re- email at the phone number or email ad- sponse shall provide a brief statement dress provided for this purpose on the of the reasons for the rejection of the e-Manifest program’s website or other claim and advise the claimant of their customer services directory. right to appeal the claim to the Office (1) The fee dispute claimant must Director for the Office of Resource provide the system’s billing represent- Conservation and Recovery. atives with information identifying the (c) Fee dispute claimants that are claimant and the invoice(s) that are af- not satisfied by the response to their fected by the dispute, including: claim from the system’s billing rep- (i) The claimant’s name, and the fa- resentatives may appeal their claim cility at which the claimant is em- and initial decision to the Office Direc- ployed; tor for the Office of Resource Conserva- (ii) The EPA Identification Number tion and Recovery. of the affected facility; (1) Any appeal from the initial deci- (iii) The date, invoice number, or sion of the system’s billing representa- other information to identify the par- tives must be taken within 10 days of ticular invoice(s) that is the subject of the initial decision of the system’s bill- the dispute; and ing representatives under paragraph (b) (iv) A phone number or email address of this section. where the claimant can be contacted. (2) The claimant shall provide the Of- (2) The fee dispute claimant must fice Director with the claim materials provide the system’s billing represent- submitted to the system’s billing rep- atives with sufficient supporting infor- resentatives, the response provided by mation to identify the nature and the system’s billing representatives to amount of the fee dispute, including: the claim, and a brief written state- (i) If the alleged error results from ment by the claimant explaining the the types of manifests submitted being nature and amount of the billing error, inaccurately described in the invoice, explaining why the claimant believes the correct description of the manifest the decision by the system’s billing types that should have been billed; representatives is in error, and why the (ii) If the alleged error results from claimant is entitled to the relief re- the number of manifests submitted quested on its appeal. being inaccurately described in the in- (3) The Office Director shall review voice, the correct description of the the record presented to him or her on number of manifests that should have an appeal under this paragraph (c), and been billed; shall determine whether the claimant (iii) If the alleged error results from is entitled to relief from the invoice al- a mathematical error made in calcu- leged to be in error, and if so, shall lating the amount of the invoice, the state the amount of the recalculated correct fee calculations showing the invoice and the amount of the invoice corrected fee amounts; and to be adjusted. (iv) Any other information from the (4) The decision of the Office Director claimant that explains why the on any appeal brought under this sec- invoiced amount is in error and what tion is final and non-reviewable. the fee amount invoiced should be if APPENDIX I TO PART 265— corrected. RECORDKEEPING INSTRUCTIONS (3) EPA’s system billing representa- tives must respond to billing dispute The recordkeeping provisions of § 265.73 claims made under this section within specify that an owner or operator must keep ten days of receipt of a claim. In re- a written operating record at his facility. sponse to a claim, the system’s billing This appendix provides additional instruc- representative will: tions for keeping portions of the operating record. See § 265.73(b) for additional record- (i) State whether the claim is accept- keeping requirements. ed or rejected, and if accepted, the re- The following information must be re- sponse will indicate the amount of any corded, as it becomes available, and main- fee adjustment that will be refunded or tained in the operating record until closure credited to the facility; and of the facility in the following manner:
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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 T27 Cyanide destruction Gallons per Hour ...... E 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 T33 Photolysis Short Tons Per Day ...... N T34 Other (specify) Metric Tons Per Day ...... S Pounds Per Hour ...... J (c) Physical Treatment— Kilograms Per Hour ...... R (1) Separation of components Cubic Yards ...... Y T35 Centrifugation Cubic Meters ...... C Acres ...... B T36 Clarification Acre-feet ...... A T37 Coagulation Hectares ...... Q T38 Decanting Hectare-meter ...... F T39 Encapsulation Btu’s per Hour ...... I T40 Filtration Pounds ...... P T41 Flocculation Short tons ...... T T42 Flotation Kilograms ...... K T43 Foaming Tons ...... M T44 Sedimentation 1 Single digit symbols are used here for data processing T45 Thickening purposes. T46 Ultrafiltration (3) The method(s) (by handling code(s) as T47 Other (specify) specified in Table 2) and date(s) of treat- (2) Removal of Specific Components ment, storage, or disposal. T48 Absorption-molecular sieve T49 Activated carbon TABLE 2—HANDLING CODES FOR TREATMENT, T50 Blending STORAGE AND DISPOSAL METHODS T51 Catalysis Enter the handling code(s) listed below T52 Crystallization that most closely represents the technique(s) T53 Dialysis used at the facility to treat, store or dispose T54 Distillation
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T55 Electrodialysis APPENDIX II TO PART 265 [RESERVED] T56 Electrolysis T57 Evaporation APPENDIX III TO PART 265—EPA IN- T58 High gradient magnetic separation TERIM PRIMARY DRINKING WATER T59 Leaching T60 Liquid ion exchange STANDARDS T61 Liquid-liquid extraction Maximum level T62 Reverse osmosis Parameter (mg/l) T63 Solvent recovery T64 Stripping Arsenic ...... 0.05 T65 Sand filter Barium ...... 1.0 T66 Other (specify) Cadmium ...... 0.01 (d) Biological Treatment Chromium ...... 0.05 Fluoride ...... 1.4–2.4 T67 Activated sludge Lead ...... 0.05 T68 Aerobic lagoon Mercury ...... 0.002 T69 Aerobic tank Nitrate (as N) ...... 10 T70 Anaerobic tank Selenium ...... 0.01 T71 Composting Silver ...... 0.05 T72 Septic tank Endrin ...... 0.0002 T73 Spray irrigation Lindane ...... 0.004 T74 Thickening filter Methoxychlor ...... 0.1 T75 Trickling filter Toxaphene ...... 0.005 T76 Waste stabilization pond 2,4-D ...... 0.1 T77 Other (specify) 2,4,5-TP Silver ...... 0.01 T78–T79 [Reserved] Radium ...... 5 pCi/1 Gross Alpha ...... 15 pCi/1 (e) Boilers and Industrial Furnaces Gross Beta ...... 4 millirem/yr T80 Boiler Turbidity ...... 1/TU T81 Cement Kiln Coliform Bacteria ...... 1/100 ml T82 Lime Kiln [Comment: Turbidity is applicable only to surface water T83 Aggregate Kiln supplies.] T84 Phosphate Kiln T85 Coke Oven APPENDIX IV TO PART 265—TESTS FOR T86 Blast Furnace SIGNIFICANCE T87 Smelting, Melting, or Refining Furnace T88 Titanium Dioxide Chloride Process Oxi- As required in § 265.93(b) the owner or oper- dation Reactor ator must use the Student’s t-test to deter- T89 Methane Reforming Furnace mine statistically significant changes in the T90 Pulping Liquor Recovery Furnace concentration or value of an indicator pa- T91 Combustion Device Used in the Recov- rameter in periodic ground-water samples ery of Sulfur Values From Spent Sulfuric when compared to the initial background Acid concentration or value of that indicator T92 Halogen Acid Furnaces parameter. The comparison must consider T93 Other Industrial Furnaces Listed in 40 individually each of the wells in the moni- CFR 260.10 (specify) toring system. For three of the indicator pa- (f) Other Treatment rameters (specific conductance, total organic T94 Containment Building (Treatment) carbon, and total organic halogen) a single- tailed Student’s t-test must be used to test 3. Disposal at the 0.01 level of significance for signifi- cant increases over background. The dif- D79 Underground Injection ference test for pH must be a two-tailed Stu- D80 Landfill dent’s t-test at the overall 0.01 level of sig- D81 Land Treatment nificance. D82 Ocean Disposal D83 Surface Impoundment (to be closed as a The student’s t-test involves calculation of landfill) the value of a t-statistic for each comparison D99 Other Disposal (specify) of the mean (average) concentration or value (based on a minimum of four replicate meas- 4. Miscellaneous urements) of an indicator parameter with its initial background concentration or value. X01 Open Burning/Open Detonation The calculated value of the t-statistic must X02 Mechanical Processing then be compared to the value of the t-sta- X03 Thermal Unit tistic found in a table for t-test of signifi- X04 Geologic Repository cance at the specified level of significance. A X99 Other (specify) calculated value of t which exceeds the value [45 FR 33232, May 19, 1980, as amended at 59 of t found in the table indicates a statis- FR 13892, Mar. 24, 1994; 71 FR 40276, July 14, tically significant change in the concentra- 2006] tion or value of the indicator parameter.
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Formulae for calculation of the t-statistic granting officials, to indicate the need for and tables for t-test of significance can be special precautions when managing these po- found in most introductory statistics texts. tentially incompatible waste materials or components. APPENDIX V TO PART 265—EXAMPLES OF This list is not intended to be exhaustive. POTENTIALLY INCOMPATIBLE WASTE An owner or operator must, as the regula- tions require, adequately analyze his wastes Many hazardous wastes, when mixed with so that he can avoid creating uncontrolled other waste or materials at a hazardous substances or reactions of the type listed waste facility, can produce effects which are below, whether they are listed below or not. harmful to human health and the environ- It is possible for potentially incompatible ment, such as (1) heat or pressure, (2) fire or wastes to be mixed in a way that precludes explosion, (3) violent reaction, (4) toxic a reaction (e.g., adding acid to water rather dusts, mists, fumes, or gases, or (5) flam- than water to acid) or that neutralizes them mable fumes or gases. (e.g., a strong acid mixed with a strong Below are examples of potentially incom- base), or that controls substances produced patible wastes, waste components, and mate- (e.g., by generating flammable gases in a rials, along with the harmful consequences closed tank equipped so that ignition cannot which result from mixing materials in one occur, and burning the gases in an inciner- group with materials in another group. The ator). list is intended as a guide to owners or oper- In the lists below, the mixing of a Group A ators of treatment, storage, and disposal fa- material with a Group B material may have cilities, and to enforcement and permit the potential consequence as noted.
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Group 1–A Group 1–B Group 4–A Group 4–B
Acetylene sludge Acid sludge Alcohols Concentrated Alkaline caustic liquids Acid and water Group 1–A or Alkaline cleaner Battery acid 1–B wastes Alkaline corrosive liquids Chemical clean- Aldehydes Group 2–A ers wastes Alkaline corrosive battery fluid Electrolyte, acid Halogenated hydrocarbons Caustic wastewater Etching acid liq- Nitrated hydrocarbons uid or solvent Unsaturated hydrocarbons Lime sludge and other corrosive alkalies Lime wastewater Pickling liquor Other reactive organic compounds and and other cor- solvents rosive acids Lime and water Spent acid Potential consequences: Fire, explosion, or Spent caustic Spent mixed acid violent reaction. Spent sulfuric acid Group 5–A Group 5–B
Potential consequences: Heat generation; Spent cyanide and sulfide solutions Group 1–B violent reaction. wastes
Group 2–A Group 2–B Potential consequences: Generation of toxic hydrogen cyanide or hydrogen sulfide Aluminum Any waste in Group 1–A or gas. 1–B Beryllium Group 6–A Group 6–B Calcium Lithium Chlorates Acetic acid and Magnesium other organic Potassium acids Sodium Chlorine Concentrated Zinc powder mineral acids Other reactive metals and metal hydrides Chlorites Group 2–A wastes Potential consequences: Fire or explosion; Chromic acid Group 4–A generation of flammable hydrogen gas. wastes Hyphochlorites Other flammable Group 3–A Group 3–B and combus- tible wastes Alcohols Any concentrated Nitrates waste in Nitric acid, fuming Groups 1–A or Perchlorates 1–B Permanganates Water Calcium Peroxides Lithium Other strong oxidizers Metal hydrides Potassium Potential consequences: Fire, explosion, or SO2Cl2, SOCl2, PCl3, CH3SiCl3 violent reaction. Other water-reac- SOURCE: ‘‘Law, Regulations, and Guidelines tive waste for Handling of Hazardous Waste.’’ California Department of Health, February 1975. Potential consequences: Fire, explosion, or heat generation; generation of flammable or [45 FR 33232, May 19, 1980, as amended at 71 toxic gases. FR 40276, July 14, 2006]
APPENDIX VI TO PART 265—COMPOUNDS WITH HENRY’S LAW CONSTANT LESS THAN 0.1 Y/X
Compound name CAS No.
Acetaldol ...... 107–89–1 Acetamide ...... 60–35–5 2-Acetylaminofluorene ...... 53–96–3 3-Acetyl-5-hydroxypiperidine. 3-Acetylpiperidine ...... 618–42–8 1-Acetyl-2-thiourea ...... 591–08–2 Acrylamide ...... 79–06–1 Acrylic acid ...... 79–10–7 Adenine ...... 73–24–5 Adipic acid ...... 124–04–9
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Compound name CAS No.
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 Chlorophenol polymers (2-chlorophenol & 4-chlorophenol) ...... 95–57–8 & 106–48–9 1-(o-Chlorophenyl)thiourea ...... 5344–82–1 Chrysene ...... 218–01–9 Citric acid ...... 77–92–9 Creosote ...... 8001–58–9 m-Cresol ...... 108–39–4 o-Cresol ...... 95–48–7 p-Cresol ...... 106–44–5 Cresol (mixed isomers) ...... 1319–77–3 4-Cumylphenol ...... 27576–86 Cyanide ...... 57–12–5 4-Cyanomethyl benzoate. Diazinon ...... 333–41–5 Dibenzo(a,h)anthracene ...... 53–70–3 Dibutylphthalate ...... 84–74–2 2,5-Dichloroaniline (N,N′-dichloroaniline) ...... 95–82–9 2,6-Dichlorobenzonitrile11 ...... 1194–65–6 2,6-Dichloro-4-nitroaniline ...... 99–30–9 2,5-Dichlorophenol ...... 333–41–5 3,4-Dichlorotetrahydrofuran ...... 3511–19 Dichlorvos (DDVP) ...... 62–73–7 Diethanolamine ...... 111–42–2 N,N-Diethylaniline ...... 91–66–7 Diethylene glycol ...... 111–46–6 Diethylene glycol dimethyl ether (dimethyl Carbitol) ...... 111–96–6 Diethylene glycol monobutyl ether (butyl Carbitol) ...... 112–34–5 Diethylene glycol monoethyl ether acetate (Carbitol acetate) ...... 112–15–2 Diethylene glycol monoethyl ether (Carbitol Cellosolve) ...... 111–90–0 Diethylene glycol monomethyl ether (methyl Carbitol) ...... 111–77–3 N,N′-Diethylhydrazine ...... 1615–80–1 Diethyl (4-methylumbelliferyl) thionophosphate ...... 299–45–6 Diethyl phosphorothioate ...... 126–75–0 N,N′-Diethylpropionamide ...... 15299–99–7 Dimethoate ...... 60–51–5 2,3-Dimethoxystrychnidin-10-one ...... 357–57–3
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Compound name CAS No.
4-Dimethylaminoazobenzene ...... 60–11–7 7,12-Dimethylbenz(a)anthracene ...... 57–97–6 3,3-Dimethylbenzidine ...... 119–93–7 Dimethylcarbamoyl chloride ...... 79–44–7 Dimethyldisulfide ...... 624–92–0 Dimethylformamide ...... 68–12–2 1,1-Dimethylhydrazine ...... 57–14–7 Dimethylphthalate ...... 131–11–3 Dimethylsulfone ...... 67–71–0 Dimethylsulfoxide ...... 67–68–5 4,6-Dinitro-o-cresol ...... 534–52–1 1,2-Diphenylhydrazine ...... 122–66–7 Dipropylene glycol (1,1′-oxydi-2-propanol) ...... 110–98–5 Endrin ...... 72–20–8 Epinephrine ...... 51–43–4 mono-Ethanolamine ...... 141–43–5 Ethyl carbamate (urethane) ...... 5–17–96 Ethylene glycol ...... 107–21–1 Ethylene glycol monobutyl ether (butyl Cellosolve) ...... 111–76–2 Ethylene glycol monoethyl ether (Cellosolve) ...... 110–80–5 Ethylene glycol monoethyl ether acetate (Cellosolve acetate) ...... 111–15–9 Ethylene glycol monomethyl ether (methyl Cellosolve) ...... 109–86–4 Ethylene glycol monophenyl ether (phenyl Cellosolve) ...... 122–99–6 Ethylene glycol monopropyl ether (propyl Cellosolve) ...... 2807–30–9 Ethylene thiourea (2-imidazolidinethione) ...... 96–45–7 4-Ethylmorpholine ...... 100–74–3 3-Ethylphenol ...... 620–17–7 Fluoroacetic acid, sodium salt ...... 62–74–8 Formaldehyde ...... 50–00–0 Formamide ...... 75–12–7 Formic acid ...... 64–18–6 Fumaric acid ...... 110–17–8 Glutaric acid ...... 110–94–1 Glycerin (Glycerol) ...... 56–81–5 Glycidol ...... 556–52–5 Glycinamide ...... 598–41–4 Glyphosate ...... 1071–83–6 Guthion ...... 86–50–0 Hexamethylene-1,6-diisocyanate (1,6-diisocyanatohexane) ...... 822–06–0 Hexamethyl phosphoramide ...... 680–31–9 Hexanoic acid ...... 142–62–1 Hydrazine ...... 302–01–2 Hydrocyanic acid ...... 74–90–8 Hydroquinone ...... 123–31–9 Hydroxy-2-propionitrile (hydracrylonitrile) ...... 109–78–4 Indeno (1,2,3-cd) pyrene ...... 193–39–5 Lead acetate ...... 301–04–2 Lead subacetate (lead acetate, monobasic) ...... 1335–32–6 Leucine ...... 61–90–5 Malathion ...... 121–75–5 Maleic acid ...... 110–16–7 Maleic anhydride ...... 108–31–6 Mesityl oxide ...... 141–79–7 Methane sulfonic acid ...... 75–75–2 Methomyl ...... 16752–77–5 p-Methoxyphenol ...... 150–76–5 Methyl acrylate ...... 96–33–3 4,4′-Methylene-bis-(2-chloroaniline) ...... 101–14–4 4,4′-Methylenediphenyl diisocyanate (diphenyl methane diisocyanate) ...... 101–68–8 4,4′-Methylenedianiline ...... 101–77–9 Methylene diphenylamine (MDA). 5-Methylfurfural ...... 620–02–0 Methylhydrazine ...... 60–34–4 Methyliminoacetic acid. Methyl methane sulfonate ...... 66–27–3 1-Methyl-2-methoxyaziridine. Methylparathion ...... 298–00–0 Methyl sulfuric acid (sulfuric acid, dimethyl ester) ...... 77–78–1 4-Methylthiophenol ...... 106–45–6 Monomethylformamide (N-methylformamide) ...... 123–39–7 Nabam ...... 142–59–6 alpha-Naphthol ...... 90–15–3 beta-Naphthol ...... 135–19–3 alpha-Naphthylamine ...... 134–32–7
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Compound name CAS No.
beta-Naphthylamine ...... 91–59–8 Neopentyl glycol (dimethylpropane) ...... 126–30–7 Niacinamide ...... 98–92–0 o-Nitroaniline ...... 88–74–4 Nitroglycerin ...... 55–63–0 2-Nitrophenol ...... 88–75–5 4-Nitrophenol ...... 100–02–7 N-Nitrosodimethylamine ...... 62–75–9 Nitrosoguanidine ...... 674–81–7 N-Nitroso-n-methylurea ...... 684–93–5 N-Nitrosomorpholine (4-nitrosomorpholine) ...... 59–89–2 Oxalic acid ...... 144–62–7 Parathion ...... 56–38–2 Pentaerythritol ...... 115–77–5 Phenacetin ...... 62–44–2 Phenol ...... 108–95–2 Phenylacetic acid ...... 103–82–2 m-Phenylene diamine ...... 108–45–2 o-Phenylene diamine ...... 95–54–5 p-Phenylene diamine ...... 106–50–3 Phenyl mercuric acetate ...... 62–38–4 Phorate ...... 298–02–2 Phthalic anhydride ...... 85–44–9 alpha-Picoline (2-methyl pyridine) ...... 109–06–8 1,3-Propane sultone ...... 1120–71–4 beta-Propiolactone ...... 57–57–8 Proporur (Baygon). Propylene glycol ...... 57–55–6 Pyrene ...... 129–00–0 Pyridinium bromide ...... 39416–48–3 Quinoline ...... 91–22–5 Quinone (p-benzoquinone) ...... 106–51–4 Resorcinol ...... 108–46–3 Simazine ...... 122–34–9 Sodium acetate ...... 127–09–3 Sodium formate ...... 141–53–7 Strychnine ...... 57–24–9 Succinic acid ...... 110–15–6 Succinimide ...... 123–56–8 Sulfanilic acid ...... 121–47–1 Terephthalic acid ...... 100–21–0 Tetraethyldithiopyrophosphate ...... 3689–24–5 Tetraethylenepentamine ...... 112–57–2 Thiofanox ...... 39196–18–4 Thiosemicarbazide ...... 79–19–6 2,4-Toluenediamine ...... 95–80–7 2,6-Toluenediamine ...... 823–40–5 3,4-Toluenediamine ...... 496–72–0 2,4-Toluene diisocyanate ...... 584–84–9 p-Toluic acid ...... 99–94–5 m-Toluidine ...... 108–44–1 1,1,2-Trichloro-1,2,2-trifluoroethane ...... 76–13–1 Triethanolamine ...... 102–71–6 Triethylene glycol dimethyl ether. Tripropylene glycol ...... 24800–44–0 Warfarin ...... 81–81–2 3,4-Xylenol (3,4-dimethylphenol) ...... 95–65–8
[62 FR 64668, Dec. 8, 1997, as amended at 71 FR 40276, July 14, 2006]
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